Habeas Corpus

18,793 Florida cases classified under this topic, plus 3,111 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Rayford Conner v. Bowen
  842 F.2d 279· 11th Cir.· 1988-04-12
  The court held that the trial court did not abuse its discretion in denying the petitioner's request for a continuance, and the denial did not render the trial fundamentally unfair.
• Frazier v. Wilkinson
  842 F.2d 42· 2d Cir.· 1988-03-21
  A federal prisoner may challenge a consecutive state sentence via habeas corpus even without a detainer, if enforcement is reasonably apprehended, but the petition was correctly dismissed on the merits.
• Randall v. Yakima Nation Tribal Court
  841 F.2d 897· 9th Cir.· 1988-03-01
  The court held that dismissing an appeal due to the tribal court's failure to rule on an indigency motion violates the Indian Civil Rights Act's due process protections.
• Bryant William Bowles v. Dugger
  838 F.2d 1145· 11th Cir.· 1988-02-29 ·via Habeas Corpus Relief
  A defendant proceeding pro se does not have an automatic right to a continuance, and the denial of such a continuance does not violate constitutional rights.
• Willis v. Kemp
  838 F.2d 1510· 11th Cir.· 1988-02-12
  The court affirmed the denial of habeas corpus relief, finding that young adults do not constitute a cognizable group for Sixth Amendment fair cross-section claims and that the prosecutor's use of peremptory challenges did not violate the Equal Protection Clause under Swain.
• Elliott v. Warden, Seagoville, Texas (G.H. Rodgers)
  838 F.2d 194· 6th Cir.· 1988-02-04
  The court held that federal courts lack the authority to compel a state to accept custody of a prisoner or to order that a federal sentence run concurrently with a state sentence.
• Perkins v. Grammer
  838 F.2d 294· 8th Cir.· 1988-02-01
  The court affirmed the district court's denial of the habeas corpus petition, finding no error in the lower court's analysis of the appellant's claims.
• Hoi-Pong v. Noriega
  677 F. Supp. 1153· S.D. Fla.· 1988-01-26
  The court held that the 1931 extradition treaty between the United States and Great Britain, which applied to Trinidad, remains in force between the United States and Trinidad through their conduct, and that sufficient probable cause existed for extradition.
• In re Anant Kumar Tripati
  836 F.2d 1406· D.C. Cir.· 1988-01-22
  The court held that the district court did not abuse its discretion in transferring the case to the District of Arizona.
• Kearns v. C.A. Turner
  837 F.2d 336· 8th Cir.· 1988-01-21
  The court affirmed the dismissal of the habeas corpus petition, finding that the prisoner's claims were either moot or required exhaustion of state remedies.
• Hasan Tashin Agtas v. Hard Whitley
  836 F.2d 1233· 9th Cir.· 1988-01-14
  The court held that the district court correctly dismissed the habeas corpus petition, finding no denial of effective assistance of counsel, a knowing and voluntary guilty plea, and no entitlement to an evidentiary hearing.
• Meylert Q. Marshall v. Cabana
  835 F.2d 1101· 5th Cir.· 1988-01-07 ·via Habeas Corpus Relief
  The sentencing judge had the authority to impose a split sentence for armed robbery, consisting of a period of incarceration followed by probation.
• Van Welch v. Butler
  835 F.2d 92· 5th Cir.· 1988-01-05 ·via Habeas Corpus Review
  The court held that statements made during a prayer session with a police officer, following a lawful recording of conversations, were voluntary and not a violation of due process, thus denying habeas corpus relief.
• Burnett v. Kerr
  835 F.2d 1319· 10th Cir.· 1988-01-04 ·via Habeas Corpus Petition
  The court held that the defendant's trial counsel's performance was not constitutionally ineffective, as the alleged errors did not meet the required standard for attorney incompetence or prejudice.
• Seccia v. Louie L. Wainwright & Fla. Parole & Prob. Comm'n
  517 So. 2d 80· Fla. 1st DCA· 1987-12-17 ·via Habeas Corpus Petition
  Richard Seccia appealed the denial of his habeas corpus petition, challenging his parole revocation on the grounds that he was not afforded a hearing within ten days of his arrest for a felony committed while on parole, as required by Florida law. The court reversed and remanded,
• E.T. Mfg. Co. v. Xomed, Inc.
  440 F.2d 718· M.D. Fla.· 1987-12-17
• Pool v. Dowdle
  834 F.2d 777· 9th Cir.· 1987-12-15 ·via Habeas Corpus Petition
  Excluding expert testimony on police identification procedures was constitutionally permissible, but excluding evidence and cross-examination regarding a witness's reprimand violated the Confrontation Clause.
• Heffernan v. A.L. Lockhart
  834 F.2d 1431· 8th Cir.· 1987-12-14
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the record was insufficient to determine if Heffernan's constitutional rights were violated by the denial of continuances.
• Larsen v. Frazier
  835 F.2d 258· 10th Cir.· 1987-12-11
  The court held that the validity of plea bargains is a matter of state law, and Oklahoma courts permit them under their constitution, thus the petitioner's claim for federal habeas relief based on a void plea bargain fails.
• Gartrell v. Lynaugh
  833 F.2d 527· 5th Cir.· 1987-12-07
  The court held that the petitioner had fairly presented his claims to the state courts, satisfying the exhaustion requirement for federal habeas corpus relief.
• Stabile v. U.S. Bureau OF Prisons
  834 F.2d 305· 2d Cir.· 1987-12-04 ·via Habeas Corpus Petition
  A prisoner released early is deemed on parole until 180 days before sentence expiration, not entitled to sentence reduction.
• Rodwell v. Fair
  834 F.2d 240· 1st Cir.· 1987-12-03
  The court held that the appellant's Sixth Amendment claims are barred by adequate and independent state grounds due to procedural default.
• Salomon Benarroch v. Crawford
  516 So. 2d 28· Fla. 3d DCA· 1987-11-24
  Petitioner Benarroch sought habeas corpus relief from a contempt of court order confining him to jail for 48 hours. The court granted the petition, finding that the trial court improperly imposed an indirect criminal contempt sentence without following required procedural due pro
• Meyer Biller v. Lopes
  834 F.2d 41· 2d Cir.· 1987-11-19
  The court held that the use of a conviction obtained through compelled testimony for impeachment purposes, which deterred the defendant from testifying, constitutes a fundamental constitutional error justifying habeas corpus relief, even if the defendant did not testify.
• Bethea v. Scully
  834 F.2d 257· 2d Cir.· 1987-11-19
  A state's felony murder conviction based on a predicate felony requiring only reckless conduct, such as arson, does not violate fundamental principles of justice or the Constitution.
• Lawyer v. Crawford
  517 So. 2d 36· Fla. 3d DCA· 1987-11-17 ·via Habeas Corpus Petition
  Willie Lee Lawyer challenged his denial of pre-trial release in an armed robbery case where the trial judge applied a blanket policy refusing bond in all armed robbery cases regardless of individual circumstances. The Florida appellate court held that judges must exercise individ
• Kirby v. Dutton
  831 F.2d 1280· 6th Cir.· 1987-10-28
  The court held that the petitioner's claims of actual conflict of interest from joint representation, prosecutorial misconduct, and ineffective assistance of counsel did not warrant habeas corpus relief because he failed to demonstrate prejudice or constitutional violations.
• Booker T. Washington v. Rafferty
  830 F.2d 23· 3d Cir.· 1987-09-30
  The court held that the trial judge's clarification of the plea bargain terms, which the defendant understood and did not object to, resolved any ambiguity and permitted the prosecutor to make a sentencing recommendation.
• Irwin v. State OF Minn.
  829 F.2d 690· 8th Cir.· 1987-09-29
  The court held that a claim of ineffective assistance of appellate counsel is an exception to the exhaustion requirement for federal habeas corpus petitions.
• Rickie S. Zabel v. United States Attorney
  829 F.2d 15· 8th Cir.· 1987-09-16 ·via Habeas Corpus Petition
  The court affirmed the dismissal, holding that the petitioner's claims were properly addressed by the district court under 28 U.S.C. § 2255, and that the petitioner failed to demonstrate entitlement to relief on any of his claims.
• Wilson v. Jones
  827 F.2d 716· 11th Cir.· 1987-09-15
  The court held that the appellant had properly exhausted state remedies, and therefore the district court's dismissal of his habeas corpus petition should be reversed.
• Aron Edward Donn v. Baer
  828 F.2d 487· 8th Cir.· 1987-09-10
  The court held that while the Parole Commission acted without authority in withdrawing an executed parole violator warrant, the appellant was not prejudiced by this action and thus not entitled to habeas corpus relief.
• Haynes v. Butler
  825 F.2d 921· 5th Cir.· 1987-08-28
  The court held that the fifty-year sentence imposed on the petitioner was consistent with legislative intent and not constitutionally impermissible, thus denying habeas corpus relief.
• Pierre v. Rivkind
  825 F.2d 1501· 11th Cir.· 1987-08-27
  The court held that the district court's order remanding the case for reconsideration of asylum was a final, appealable order, and that the agency's denial of asylum was supported by substantial evidence.
• Sabah Yohanna Toma v. Turnage
  825 F.2d 1400· 9th Cir.· 1987-08-25
  The district court lacked jurisdiction to entertain the alien's petition for a writ of habeas corpus because the grounds raised could have been presented in prior judicial proceedings and the prior remedy was not inadequate.
• Matthews v. Meese
  827 F.2d 313· 8th Cir.· 1987-08-24
  The court held that time spent at liberty pending appeal of a sentence reduction order is not considered time 'in custody' and therefore is not credited against the sentence.
• Norris v. O.H. White
  825 F.2d 21· 4th Cir.· 1987-08-03
  The Bureau of Prisons must aggregate consecutive sentences imposed pursuant to 18 U.S.C. § 3651 for parole eligibility purposes.
• Smith v. Armontrout
  825 F.2d 182· 8th Cir.· 1987-08-03 ·via Federal Habeas Corpus
  The court denied the warden's motion to vacate the stay of execution, affirming the district court's decision to grant the stay pending federal habeas corpus review.
• Braunskill v. Hilton
  824 F.2d 285· 3d Cir.· 1987-07-29
  The court remanded the case to the district court for further proceedings consistent with the Supreme Court's opinion and prior directives, including determining the prisoner's release status and holding an evidentiary hearing.
• Al Mancuso v. Scully
  824 F.2d 154· 2d Cir.· 1987-07-27
  The court held that recent Supreme Court decisions did not alter the prior ruling that the jury instructions in Mancuso's felony murder trial were harmless error and did not violate Sandstrom v. Montana.
• Christopher v. State
  824 F.2d 836· 11th Cir.· 1987-07-23
  The court held that the admission of Christopher's confession was not harmless error because it was obtained in violation of his Fifth Amendment right to remain silent, as police failed to scrupulously honor his repeated requests to cease questioning.
• Andreu v. State
  509 So. 2d 1324· Fla. 5th DCA· 1987-07-16
  In this habeas corpus petition, the Florida court addresses whether a defendant who served federal parole time while a Florida detainer was in effect has completed his Florida sentence. The court holds that federal authorities' erroneous release of the defendant on parole despite
• Robinson v. A.L. Lockhart
  823 F.2d 210· 8th Cir.· 1987-07-07
• Hampton v. Dugger
  509 So. 2d 1229· Fla. 1st DCA· 1987-07-07 ·via Habeas Corpus Petition
• Whitley v. Muncy
  823 F.2d 55· 4th Cir.· 1987-07-02
  The court held that the prisoner's attorney in a state habeas proceeding does not need to meet constitutional standards of effectiveness because there is no constitutional right to an appointed attorney in such proceedings.
• Johnson v. Armontrout
  821 F.2d 510· 8th Cir.· 1987-06-24
  The Double Jeopardy Clause does not bar a retrial when the petitioner himself requested that the prior acquittal by reason of insanity be set aside, thereby consenting to further proceedings.
• Diaz v. Scully
  821 F.2d 153· 2d Cir.· 1987-06-16
  The court held that the Supreme Court's decisions in Batson v. Kentucky and McCray v. Abrams could not be applied retroactively to state convictions that had become final before those decisions were announced.
• Donahue v. Armontrout
  820 F.2d 971· 8th Cir.· 1987-06-15 ·via Federal Habeas Corpus
  The court held that a state prisoner seeking federal habeas corpus relief was not denied due process when a plea bargain was not strictly adhered to, because the prisoner was aware of the deviation and remained silent.
• Demetrios Papadakis v. Warden OF the Metro. Corr. Ctr.
  822 F.2d 240· 2d Cir.· 1987-06-15
  The court held that the district court correctly determined the Parole Commission lacked jurisdiction because the first special parole term expired due to the Commission's inaction and the second special parole term was illegally imposed.
• State v. Wheaton
  508 So. 2d 492· Fla. 3d DCA· 1987-06-09
  Florida sought to extradite Scott Kevin Wheaton to Virginia based on a new indictment for crimes allegedly occurring after a prior extradition proceeding. The trial court released Wheaton based on res judicata, but the appellate court reversed, holding that subsequent indictments