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

• Cohoon v. Rees
  820 F.2d 784· 6th Cir.· 1987-06-05
  The court affirmed the dismissal of the habeas corpus petition, finding the statute not unconstitutionally vague as applied and the jury instruction issue not properly preserved.
• Brooksbey v. Smith
  819 F.2d 178· 7th Cir.· 1987-05-20
  The court held that the district court erred in dismissing the habeas corpus petition without adequate findings on whether the prison disciplinary committee provided sufficient written reasons and evidence relied upon, as required by due process.
• Coleman v. Butler
  816 F.2d 1046· 5th Cir.· 1987-05-15
  The court held that the jury instruction regarding the presumption from unexplained possession of recently stolen property did not create an unconstitutional mandatory presumption, and thus affirmed the conviction.
• Mann v. Dugger
  817 F.2d 1471· 11th Cir.· 1987-05-14
  The court held that the jury was not misled regarding its advisory role in sentencing and that certain claims regarding a prior conviction were procedurally barred.
• Tipton v. Jago
  818 F.2d 1264· 6th Cir.· 1987-05-13
  The dissenting judge believes there was sufficient evidence for a rational trier of fact to find the petitioners intended to deprive the store owner of his money, thus not violating due process.
• Thompson v. Lacey
  817 F.2d 1315· 8th Cir.· 1987-05-05
  The court held that a prisoner forfeits good time credits earned during a regular term upon parole revocation and that the Parole Commission's rescission of reparole was lawful.
• Gibson v. Fla. Parole & Prob. Comm'n
  506 So. 2d 474· Fla. 1st DCA· 1987-04-30
  Willie Gibson appealed the denial of his habeas corpus petition challenging his parole revocation by the Florida Parole and Probation Commission. Although the trial court erred by denying the petition before Gibson could file his authorized reply brief, the appellate court affirm
• Tyler v. State
  507 So. 2d 660· Fla. 4th DCA· 1987-04-29
  The court held that a petition for writ of habeas corpus should be granted because appellate counsel was ineffective for failing to raise the issue of the trial court's error in refusing to sequester the jury during deliberations.
• Broesch v. Gagnon
  817 F.2d 37· 7th Cir.· 1987-04-20 ·via Habeas Corpus Relief
  The court held that the jury instruction created a permissive inference, not a mandatory presumption, and was therefore not constitutionally offensive.
• Wilson v. Cooke
  814 F.2d 614· 11th Cir.· 1987-04-13
  The court held that a district court cannot rule on a habeas petition without a complete record, including transcripts of evidentiary hearings.
• Williams v. Kelly
  816 F.2d 939· 4th Cir.· 1987-04-13
  The court held that the magistrate erred in granting the writ of habeas corpus because the defendant's counsel's actions, including advising the defendant to testify and not moving to strike the prosecution's case, constituted a reasonable trial strategy and therefore were not co
• Wernert v. ARN
  819 F.2d 613· 6th Cir.· 1987-04-09
  The dissenting judge believes the appellant adequately invoked her right to counsel, disagreeing with the majority's conclusion.
• Williams v. Foti
  813 F.2d 700· 5th Cir.· 1987-04-03
  The court held that the appellant's habeas corpus claim is procedurally barred due to his failure to raise objections or seek continuances in state court.
• Shields v. Louie L. Wainwright
  813 F.2d 1123· 11th Cir.· 1987-04-03
  The court held that the petitioner's kidnapping conviction was valid based on the law as interpreted at the time of his conviction, even if subsequent interpretations might differ.
• Mada-Luna v. Fitzpatrick
  813 F.2d 1006· 9th Cir.· 1987-03-30 ·via Habeas Corpus Petition
  The court reversed and remanded the case based on controlling precedent.
• Rivera v. Santirocco
  814 F.2d 859· 2d Cir.· 1987-03-23 ·via Writ Of Habeas Corpus Ad Subjiciendum
  A federal district court has the power to direct the United States Marshals Service to take custody of a state prisoner and the Bureau of Prisons to house them during trial of the prisoner's civil rights action, using the All Writs Act to fill the statutory void after the prisone
• Todden v. Auger
  814 F.2d 528· 8th Cir.· 1987-03-23
  The court affirmed the denial of the habeas corpus petition, agreeing with the district court's reasoning on both the Brady and ineffective assistance of counsel claims.
• Hernandez v. Gregg
  813 F.2d 633· 3d Cir.· 1987-03-16
  The court held that the Immigration Reform and Control Act of 1986 (IRCA) did not automatically change the appellant's status from parolee to entrant, and therefore did not deprive the INS of authority to detain him.
• Bush v. Louie L. Wainwright
  505 So. 2d 409· Fla.· 1987-02-26
  The court held that the defendant's allegations of ineffective assistance of counsel and incompetency were legally insufficient to warrant post-conviction relief.
• Moody Nichols v. United States
  810 F.2d 1103· 11th Cir.· 1987-02-24
  The court held that a technical error in informing a defendant about the minimum and maximum special parole terms is harmless if the defendant cannot demonstrate prejudice, especially when the defendant was motivated to plead guilty by the expectation of conviction at trial.
• McFARLAND v. Carson
  504 So. 2d 429· Fla. 1st DCA· 1987-02-23
  Appellant Larry McFarland challenges his arrest on an Arizona extradition warrant for sexual abuse of a minor, arguing procedural defects in the state's presentation of evidence at his habeas corpus hearing. The court affirms the denial of habeas relief, holding that the state's
• Silvers v. Coleman
  504 So. 2d 20· Fla. 2d DCA· 1987-02-18
  Michael Silvers appealed the denial of his petition for writ of habeas corpus challenging his extradition to Texas. The court affirmed the trial court's denial, finding that Silvers' absence from the habeas corpus hearing did not prejudice him since he did not challenge the trial
• Thomas v. State
  502 So. 2d 492· Fla. 1st DCA· 1987-02-11
  Edward James Thomas petitioned for habeas corpus relief alleging his appellate counsel provided ineffective assistance by failing to raise three issues on appeal: jury observation of him in prison garb, a judge's ex parte communication with a state witness, and failure to challen
• United States v. Collins
  651 F. Supp. 1177· S.D. Fla.· 1987-01-14
  A fugitive from justice is disentitled from pursuing post-conviction relief, and the court vacates its prior order granting such relief, reinstating the guilty plea and sentence.
• Garrett v. O.L. McCOTTER
  807 F.2d 482· 5th Cir.· 1987-01-13
  The Court held that the bribery indictments were fundamentally defective because they failed to allege an essential element of the offense under the current statute, thus depriving the convicting court of jurisdiction.
• Laborers Health & Welf. Tr. Fund v. KMM Constr. Co.
  525 F. Supp. 1148· S.D. Fla.· 1987-01-09
• Country v. Bartee
  808 F.2d 686· 8th Cir.· 1987-01-08
  The court held that a parolee denied the right to cross-examine an adverse witness must demonstrate prejudice to warrant relief beyond expenses and attorney's fees.
• Alonzo v. Rozanski
  808 F.2d 637· 7th Cir.· 1986-12-29
  A parolee's desire to move to a different residence is not protected by the Due Process Clause as it does not implicate a liberty or property interest.
• Miller v. Solem
  807 F.2d 747· 8th Cir.· 1986-12-23
  The court affirmed the district court's denial of the habeas corpus petition, finding no clear error in the factual findings or legal errors.
• Ball v. Ricketts
  779 F.2d 578· 10th Cir.· 1986-12-16 ·via Habeas Corpus Review
  The court held that the lack of notice to the juvenile offender's parents regarding his arrest and arraignment violates due process and renders his guilty plea involuntary, requiring the conviction to be vacated.
• Glatz v. Kort
  807 F.2d 1514· 10th Cir.· 1986-12-15
  The court held that Colorado's criminal commitment and release procedures for individuals found not guilty by reason of insanity do not violate the Due Process or Equal Protection Clauses of the Fourteenth Amendment.
• Country v. Foster
  806 F.2d 182· 8th Cir.· 1986-11-26
  A voluntary and intelligent plea entered under the law applicable at the time is not rendered invalid by subsequent changes in case law regarding the admissibility of evidence.
• Chatman v. Commodore D.E. Hernandez
  805 F.2d 453· 1st Cir.· 1986-11-21
  The court affirmed the district court's dismissal, finding no jurisdiction under the asserted federal statutes and doctrines due to the nature of the claims and the plaintiff's status as a servicemember.
• Wright v. State
  497 So. 2d 1313· Fla. 1st DCA· 1986-11-20
  Wright, arrested as a fugitive pursuant to an extradition warrant from Texas, petitioned for habeas corpus challenging his identity as the person named in the warrant. The court held that identical names constitute prima facie evidence of identity in extradition cases, and Wright
• ELK v. Solem
  804 F.2d 496· 8th Cir.· 1986-11-05 ·via Habeas Corpus Petition
  The court held that the appellant failed to demonstrate actual prejudice from his trial counsel's alleged errors, thus affirming the denial of his habeas corpus petition.
• Haas v. Kent
  803 F.2d 744· 1st Cir.· 1986-10-20
  The court held that the plaintiff's § 1983 action failed to state a viable double jeopardy claim, as the New Hampshire two-tier system, similar to the one analyzed in Lydon, does not violate double jeopardy principles.
• Zaccagnini v. Streeter
  803 F.2d 27· 1st Cir.· 1986-10-08
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or cause and prejudice for the absence of jury instructions, and prosecutorial error claims were without merit.
• Doby v. S.C. Dep't OF Corr.
  802 F.2d 718· 4th Cir.· 1986-10-02
  The court held that the state court's post-trial suppression hearing, determining the voluntariness of the confession without considering its truth, complied with the prior mandate and did not require a new trial.
• Atwell v. Blackburn
  800 F.2d 502· 5th Cir.· 1986-09-26
  The court held that the petitioner failed to demonstrate a constitutional violation regarding the grand jury's fair cross-section or due process claims, affirming the denial of his habeas corpus petition.
• Middleton v. Louie L. Wainwright
  495 So. 2d 748· Fla.· 1986-09-25
  Middleton, a death row inmate, petitioned for habeas corpus relief arguing his trial was unfair because the jury selection process for capital cases produces prosecution-biased juries. The Florida Supreme Court denied relief, finding no trial error and that appellate counsel was
• Thomas v. Kemp
  800 F.2d 1024· 11th Cir.· 1986-09-09 ·via Habeas Corpus Relief
  The court held that despite the Supreme Court's clarification on harmless error, the specific jury instruction in this capital case could not be deemed harmless beyond a reasonable doubt.
• Ammirato v. Hanberry
  797 F.2d 961· 11th Cir.· 1986-08-26
  The court held that the Parole Commission's decision to elevate the offense severity and set a release date beyond the guidelines did not violate due process, as the reasoning was based on aggravating factors beyond the mere number of offenses.
• Gilmore v. Marks
  799 F.2d 51· 3d Cir.· 1986-08-22
  A state court's determination that a Fourth Amendment violation was harmless error is not reviewable on federal habeas corpus, as it is inseparable from the underlying Fourth Amendment claim and barred by Stone v. Powell.
• Kermit George Hilliard v. Kincheloe
  796 F.2d 308· 9th Cir.· 1986-08-06
  The court held that the district court should consider evidence of excusable neglect or good cause for an untimely appeal, especially when the appellant was unrepresented.
• Williams v. A.L. Lockhart
  797 F.2d 344· 8th Cir.· 1986-08-05 ·via Habeas Corpus Relief
  The court held that a juror's voir dire statements did not demonstrate bias and a prosecutor's rebuttal argument did not improperly comment on the defendant's failure to testify.
• Grice v. Mattox
  797 F.2d 686· 8th Cir.· 1986-07-31
  The court held that it lacks federal habeas corpus jurisdiction because the petitioner has been released from custody and the district court has no jurisdiction over his current custodian.
• Owens v. Foltz
  797 F.2d 294· 6th Cir.· 1986-07-30
  The court held that the identification procedures used were not impermissibly suggestive and did not violate due process, and other claims of error did not rise to constitutional harm.
• Wiman v. A.L. Lockhart
  797 F.2d 666· 8th Cir.· 1986-07-28
  The court held that a double jeopardy claim is procedurally defaulted and without merit when the convictions are for separate offenses, thus affirming the dismissal of the habeas corpus petition.
• Rodrigo Rodrigues v. Gudeman
  794 F.2d 1458· 9th Cir.· 1986-07-24
  The court held that jeopardy had not attached because the defendant was not put to trial before the trier of facts, thus a retrial is not barred by the double jeopardy clause.
• Antoine v. Twin Harvesters, Inc.
  517 F. Supp. 7· S.D. Fla.· 1986-07-23 ·via Federal Habeas Corpus