Habeas Corpus

18,780 Florida cases classified under this topic · sorted by citation count

• Prihoda v. McCAUGHTRY
  910 F.2d 1379· 7th Cir.· 1990-08-14 ·cited 36×
• Correll v. Dugger
  558 So. 2d 422· Fla.· 1990-03-16 ·cited 36×
  Correll challenges his conviction for first-degree murder of four persons and death sentence through habeas corpus and a motion for postconviction relief claiming ineffective assistance of counsel. The Florida Supreme Court rejects all of Correll's claims, finding them either wit
• Matta-Ballesteros v. Henman
  896 F.2d 255· 7th Cir.· 1990-02-21 ·cited 36×
  The court concurred in the result but disagreed with the majority's reasoning, finding the case distinguishable from Toscanino.
• Moore v. Zant
  885 F.2d 1497· 11th Cir.· 1989-09-28 ·cited 36×
• Sullivan v. Fairman
  819 F.2d 1382· 7th Cir.· 1987-05-22 ·cited 36×
  The court affirmed the district court's grant of a writ of habeas corpus, finding that the petitioner was denied the effective assistance of counsel.
• Hughes v. Idaho State Bd. OF Corr.
  800 F.2d 905· 9th Cir.· 1986-09-25 ·cited 36×
  The court held that a petitioner's failure to appeal a post-conviction relief denial to the state's highest court constitutes a procedural default requiring a showing of cause and prejudice to obtain federal habeas relief.
• Burns v. Clusen
  798 F.2d 931· 7th Cir.· 1986-08-04 ·cited 36×
  The court held that while the state may have failed to adequately prove witness unavailability, the admission of preliminary hearing testimony was harmless error due to the circumstances of the case.
• Kirkpatrick v. Blackburn
  777 F.2d 272· 5th Cir.· 1985-11-26 ·cited 36×
  The court denied the petition for rehearing, finding that the prosecutor's remarks, when viewed as a whole, did not deny the defendant due process.
• Stevenson v. Lanson Newsome
  774 F.2d 1558· 11th Cir.· 1985-11-04 ·cited 36×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, either due to a conflict of interest or the attorney's failure to object to evidence, as required for habeas corpus relief.
• Songer v. Louie L. Wainwright
  769 F.2d 1488· 11th Cir.· 1985-08-16 ·cited 36×
  The court held that the district court erred in denying habeas relief because the state trial judge misapplied Florida Statute § 921.141(6) by limiting consideration of mitigating evidence, violating established Supreme Court precedent.
• Daniels v. Blackburn
  763 F.2d 705· 5th Cir.· 1985-06-20 ·cited 36×
  The court held that a habeas petitioner is chargeable with the knowledge that competent counsel would have possessed when filing a prior petition, even if the petitioner personally lacked that knowledge.
• Hawkins v. LeFEVRE
  758 F.2d 866· 2d Cir.· 1985-04-01 ·cited 36×
  The court held that a trial judge's inquiry into a defendant's post-arrest silence, even before the District Attorney or Grand Jury, violates due process, and such a violation, given the scant evidence, was not harmless error.
• Solomon v. Kemp
  735 F.2d 395· 11th Cir.· 1984-06-12 ·cited 36×
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the prosecutor's comments, the assistance of counsel, the jury instructions, or the exclusion of a juror.
• Potts v. Zant
  734 F.2d 526· 11th Cir.· 1984-05-29 ·cited 36×
  The court held that a prosecutor's misrepresentation of state law regarding jury sentimentality was improper and potentially unconstitutional.
• Williams v. Duckworth
  724 F.2d 1439· 7th Cir.· 1984-01-05 ·cited 36×
  A federal court may not consider a habeas claim that a state prisoner has waived by failing to raise it in state court proceedings, absent a showing of 'cause' for the failure and 'prejudice' resulting therefrom.
• Booker v. State
  441 So. 2d 148· Fla.· 1983-11-17 ·cited 36×
  Stephen Todd Booker appealed his death sentence for first-degree murder, challenging the trial court's denial of his Rule 3.850 motion for post-conviction relief and raising claims of ineffective assistance of counsel and inadequate proportionality review of his death sentence. T
• United States v. Elrod
  716 F.2d 431· 7th Cir.· 1983-08-19 ·cited 36×
  The court held that the trial court's explanation of potential conflicts of interest and the petitioner's affirmative response constituted a knowing and intelligent waiver of his Sixth Amendment right to counsel free from such conflicts.
• Corgain v. H.G. Miller and Norman Carlson
  708 F.2d 1241· 7th Cir.· 1983-05-27 ·cited 36×
  The court held that while transfers did not divest jurisdiction, they mooted claims regarding prison conditions unless capable of repetition yet evading review. It also held that prisoners have a constitutional right to access courts, but this can be satisfied by alternatives to
• Raper v. Mintzes
  706 F.2d 161· 6th Cir.· 1983-04-27 ·cited 36×
  The prosecutor's comments on the uncontradicted nature of the evidence did not violate the petitioner's right against self-incrimination because the evidence could have been contradicted by sources other than the petitioner, and the comments were a permissible rebuttal to defense
• Martin-Trigona v. Shiff
  702 F.2d 380· 2d Cir.· 1983-03-09 ·cited 36×
• Sammie Felder, Jr. v. W.J. Estelle, Jr.
  693 F.2d 549· 5th Cir.· 1982-12-14 ·cited 36×
  A state sovereign, through authorized representatives, can waive the habeas exhaustion requirement, as comity serves the state's sovereign interest.
• Santana v. Fenton
  685 F.2d 71· 3d Cir.· 1982-07-23 ·cited 36×
  The court held that the petitioner failed to demonstrate exhaustion of state remedies for his right-to-testify claim, as New Jersey's post-conviction relief rules might permit consideration of such constitutional claims.
• Stevens v. Heard
  674 F.2d 320· 5th Cir.· 1982-04-23 ·cited 36×
  The court held that a Certificate of Probable Cause, timely received by the clerk but not filed within 30 days, could suffice as a notice of appeal if it clearly evinced intent to appeal, allowing the court to reach the merits. It also held that claims challenging the fact or len
• Hawkman v. Parratt
  661 F.2d 1161· 8th Cir.· 1981-10-14 ·cited 36×
  The court held that a defendant's attorney's failure to adequately investigate facts, inform the defendant of charges and consequences, and initiate plea negotiations constitutes ineffective assistance of counsel, warranting habeas corpus relief.
• Vernal Amtri Turnquest v. Louie L. Wainwright
  651 F.2d 331· 5th Cir.· 1981-07-20 ·cited 36×
  The court held that joint representation of codefendants by the same attorney, where one defendant could gain by evidence damaging to the other, constitutes an actual conflict of interest, violating the Sixth Amendment right to effective assistance of counsel.
• Warren v. United States Parole Comm'n
  659 F.2d 183· D.C. Cir.· 1981-07-01 ·cited 36×
  The district court improperly dismissed the pro se complaint under 28 U.S.C. § 1915(d) without allowing the prisoner an opportunity to develop a record.
• Vagner v. Louie L. Wainwright
  398 So. 2d 448· Fla.· 1981-05-07 ·cited 36×
  The Florida Supreme Court held that ineffective assistance claims based on inadequacy or incompetence of retained counsel are cognizable grounds for challenging convictions, overruling prior precedent that had barred such claims. The court rejected distinctions between retained a
• Jones v. Estelle
  622 F.2d 124· 5th Cir.· 1980-07-21 ·cited 36×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the state court proceedings.
• Cody v. Morris
  623 F.2d 101· 9th Cir.· 1980-07-10 ·cited 36×
  The court held that a failure by a state court to adhere to the Interstate Agreement on Detainers Act's 120-day trial period is a violation of federal law cognizable under § 2254, and that the district court erred by not independently determining the facts or holding a hearing.
• Martinez v. Estelle
  612 F.2d 173· 5th Cir.· 1980-02-20 ·cited 36×
  The court held that the trial court's failure to make a clear and reliable determination of the voluntariness of the confession, as required by Jackson v. Denno, violated due process.
• Harris v. Young
  607 F.2d 1081· 4th Cir.· 1979-10-19 ·cited 36×
  A mistrial declared sua sponte by the judge due to discovery noncompliance, without considering less drastic alternatives, was not supported by manifest necessity. Therefore, a subsequent retrial and conviction violated the Double Jeopardy Clause.
• Weber v. Garza
  570 F.2d 511· 5th Cir.· 1978-02-09 ·cited 36×
  The court held that a non-attorney cannot file a habeas corpus petition as a "next friend" without establishing a satisfactory reason why the detained person cannot sign, and cannot engage in the unauthorized practice of law.
• Wilson v. Fogg
  571 F.2d 91· 2d Cir.· 1978-01-19 ·cited 36×
  A state prisoner petitioning for a writ of habeas corpus must exhaust state remedies by presenting the same claim to state courts that is urged in federal court.
• Neely v. United States
  546 F.2d 1059· 3d Cir.· 1976-12-15 ·cited 36×
  The Tucker Act, 28 U.S.C. § 1346(a)(2), provides authority for a district court to order the return of fines and costs paid under unconstitutional convictions, and a class action may properly lie for such relief.
• United States ex rel. Melvin Sanders 75551-158 v. Arnold
  535 F.2d 848· 3d Cir.· 1976-05-14 ·cited 36×
  The court held that the doctrine of exhaustion of administrative remedies should not be applied in this case because its purposes are not served by requiring the petitioner to exhaust administrative remedies for purely legal questions that do not require agency expertise.
• Nguyen DA YEN v. Kissinger
  528 F.2d 1194· 9th Cir.· 1975-11-05 ·cited 36×
  The court held that the district court had jurisdiction under the habeas corpus statute and that plaintiffs' attorneys must have access to children's records to determine claims of illegal detention.
• Thistlethwaite v. The City OF NEW York
  497 F.2d 339· 2d Cir.· 1974-05-13 ·cited 36×
  The court held that a prior state court determination on the constitutionality of park regulations, arising from a criminal conviction for violating those regulations, has res judicata effect and bars a subsequent federal action under the Civil Rights Act seeking similar relief.
• Wedding v. Wingo
  483 F.2d 1131· 6th Cir.· 1973-08-31 ·cited 36×
  A United States Magistrate does not have the authority under the Federal Magistrates Act of 1968 to conduct evidentiary hearings in habeas corpus petitions, as this power is reserved for Article III judges.
• United States ex rel. Manuel Gonzalez v. Zelker
  477 F.2d 797· 2d Cir.· 1973-04-17 ·cited 36×
  The court held that the totality of circumstances did not create a substantial likelihood of irreparable misidentification, and therefore, the writ of habeas corpus should not have been granted.
• United States ex rel. Alvin Nelson v. Zelker
  465 F.2d 1121· 2d Cir.· 1972-08-22 ·cited 36×
  The court held that the appellant had not exhausted state remedies for his claim that the prosecutor's refusal to accept a co-defendant's plea constituted suppression of exculpatory evidence under Brady v. Maryland.
• State of Fla. ex rel. Inga Susan Hardy & Terry Neal Hardy v. Uriel Blount, Jr.
  261 So. 2d 172· Fla.· 1972-04-05 ·cited 36×
  The Florida Supreme Court held that defendants charged by information (rather than indictment) are not entitled to preliminary hearings, resolving a conflict between two District Courts of Appeal decisions. The Court determined that a prosecutor's filing of an information constit
• Lamb v. Lozier Brown
  456 F.2d 18· 10th Cir.· 1972-03-16 ·cited 36×
  The court held that the Oklahoma statute, which treated males under 16 and females under 18 as children for juvenile court purposes, violates the Equal Protection Clause of the Fourteenth Amendment due to an unjustified gender-based classification.
• Rodriguez v. McGINNIS
  456 F.2d 79· 2d Cir.· 1972-01-25 ·cited 36×
  The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
• Smith v. Smith
  454 F.2d 572· 5th Cir.· 1971-12-14 ·cited 36×
  The court grants the petitioner the benefit of its decision, even if the issue of retroactive application is not considered.
• United States ex rel. Charles Grays v. Rundle
  428 F.2d 1401· 3d Cir.· 1970-07-17 ·cited 36×
  A counseled guilty plea, even if motivated by a potentially coerced confession, is valid against collateral attack if the defendant cannot prove gross error by counsel.
• Fuller v. Wainwright
  238 So. 2d 65· Fla.· 1970-06-10 ·cited 36×
  A petitioner in habeas corpus must allege sufficient facts to justify relief, and conclusory allegations are insufficient. Claims of ineffective assistance of counsel, improper identification procedures, use of perjured testimony, suppression of evidence, and denial of appeal rig
• Schatten v. United States: Gen. Leonard Chapman
  419 F.2d 187· 6th Cir.· 1969-11-28 ·cited 36×
  The court held that the district court should have treated the petition as a mandamus action and ensured the Marine Corps followed its own regulations and procedures for reviewing the reservist's absences.
• United States ex rel. Edwin Gockley v. Myers
  411 F.2d 216· 3d Cir.· 1969-04-30 ·cited 36×
  The court held that exceptional circumstances, including significant delay and prior federal court involvement, warranted the District Court deciding the voluntariness of the petitioner's confessions, despite the general rule of exhausting state remedies.
• Maes v. Patterson
  401 F.2d 200· 10th Cir.· 1968-10-02 ·cited 36×
  A federal court cannot summarily dismiss a state prisoner's habeas corpus petition without independently reviewing the state court's record and determining if due process was observed.
• Rogers v. Louie L. Wainwright
  394 F.2d 492· 5th Cir.· 1968-05-17 ·cited 36×
  The court held that the district court did not err in denying habeas corpus relief without a hearing because the petitioner's guilty plea was voluntary and the sentences were concurrent.