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

• Olaniyan v. Dist. Dir.
  796 F.2d 373· 10th Cir.· 1986-07-22
  The court held that it lacked jurisdiction to review the district director's denial of employment authorization because it involved factual issues requiring initial district court review, but affirmed the deportation order which was factually supported.
• Ciccarelli v. Wainwright
  490 So. 2d 1379· Fla. 4th DCA· 1986-07-16 ·via Writ Of Habeas Corpus
  The court held that ineffective assistance of appellate counsel warrants granting a petition for writ of habeas corpus to allow a belated appeal.
• Brimmage v. Sumner
  793 F.2d 1014· 9th Cir.· 1986-07-01
  The court held that the Double Jeopardy Clause does not prevent cumulative punishments for felony murder and the underlying robbery if the legislature intends them, and Nevada law indicates such intent.
• Garcia v. Warden, Dannemora Correctional Facility
  795 F.2d 5· 2d Cir.· 1986-06-30
  The court affirmed the denial of the habeas corpus petition, finding that the evidence was sufficient to sustain the conviction and the trial judge's conduct did not violate due process.
• Nelson v. Solem
  795 F.2d 636· 8th Cir.· 1986-06-26
  The court affirmed the denial of the petition for a writ of habeas corpus, finding no error in the jury instructions.
• Getter v. Louie L. Wainwright
  490 So. 2d 177· Fla. 5th DCA· 1986-06-19
  Petitioner's habeas corpus petition alleging ineffective assistance of counsel for failing to properly advise him of his appeal rights states a prima facie claim, warranting appointment of a commissioner to conduct an evidentiary hearing.
• Bruce v. Carson
  489 So. 2d 1234· Fla. 1st DCA· 1986-06-13
• Nelson v. Thieret
  793 F.2d 146· 7th Cir.· 1986-06-10
  The court held that the defendant's Sixth Amendment right to confrontation was not violated by the trial court's limitation on cross-examination, and that convictions for both rape and aggravated kidnapping were permissible under Illinois law.
• Renzi v. Warden, U.S. Penitentiary, Terre Haute, IND., & Attorney Gen., State of Conn.
  792 F.2d 311· 2d Cir.· 1986-06-09
  The court held that the petitioner's guilty plea to second-degree murder was valid, despite claims of inadequate advisement of rights and factual basis.
• Davis v. Blackburn
  803 F.2d 807· 5th Cir.· 1986-06-06 ·via Federal Habeas Corpus
  Federal habeas relief is barred for a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it.
• Williams v. O'Brien
  792 F.2d 986· 10th Cir.· 1986-06-06
  The court denied the appellant's motion for leave to proceed in forma pauperis on appeal.
• Fratarcangelo v. Smith
  792 F.2d 40· 2d Cir.· 1986-06-02
  The court held that the jury instructions, when read as a whole, did not create an unconstitutional presumption of intent, and any error in a separate instruction was harmless.
• Parnell Johnson v. Louie L. Wainwright
  489 So. 2d 1166· Fla. 1st DCA· 1986-05-22 ·via Writ Of Habeas Corpus
  The court affirmed the trial court's denial of the post-conviction relief motion, finding no ineffective assistance of counsel.
• Brown v. Louie L. Wainwright
  489 So. 2d 718· Fla.· 1986-05-19
  The court granted the petition for writ of mandamus, directing the commission to immediately establish an effective parole release date for the petitioner.
• Titus E. Aaron v. Pepperas
  790 F.2d 1358· 9th Cir.· 1986-05-16
  The appeal is dismissed for lack of jurisdiction because the case is moot, as the appellant has served his sentence and demonstrated no actual harm from the contested sentence.
• Roman v. Abrams
  790 F.2d 244· 2d Cir.· 1986-05-09
  A prisoner seeking to cross-appeal from the denial of other claims in a habeas corpus petition, after the state appeals the granting of the writ on specified grounds, requires a certificate of probable cause.
• Shroma H. Lang v. Callahan
  788 F.2d 1416· 9th Cir.· 1986-05-08 ·via Habeas Corpus Petition
  The court held that defense counsel's stipulation to the admissibility of a victim's statement was a reasonable strategic decision and did not constitute ineffective assistance, and that the sentencing judge's remarks, while ill-considered, did not demonstrate racial prejudice vi
• Surace v. Wainwright
  1986 U.S. Dist. LEXIS 25988· S.D. Fla.· 1986-05-01
  The court held that the petitioner's claims regarding jury instructions, confession voluntariness, prosecutorial misconduct, and double jeopardy did not rise to the level of constitutional error warranting habeas relief.
• Clark v. State OF Tex. & O.L. McCotter
  788 F.2d 309· 5th Cir.· 1986-04-30 ·via Federal Habeas Corpus
  Federal habeas corpus relief is barred by procedural default when a state prisoner fails to raise issues on direct appeal as required by state law, absent a showing of cause and prejudice.
• In re the Extradition OF Walter Dixon
  487 So. 2d 1195· Fla. 2d DCA· 1986-04-30 ·via Writ Of Habeas Corpus
  The Florida District Court of Appeal reversed the denial of a habeas corpus petition, holding that an extradition warrant mischaracterizing the appellant as a "fugitive from justice" was defective. The court found that the warrant failed to reflect the governor's discretionary po
• Powell v. Bordenkircher
  789 F.2d 425· 6th Cir.· 1986-04-29
  The court held that appointing a city attorney to represent an indigent criminal defendant does not automatically create a conflict of interest or prejudice, absent a showing of actual conflict adversely affecting performance.
• Hill v. E.P. Perini
  788 F.2d 406· 6th Cir.· 1986-04-21
  A defendant can be indicted as a principal offender and convicted of complicity in the offense without violating federal due process or Ohio law, provided adequate notice is given.
• Notaro v. Luther
  800 F.2d 290· 2d Cir.· 1986-04-15
  The court held that the Parole Commission did not abuse its discretion in applying an unpublished training aid and that the submission of the presentence report was proper.
• Thomas v. Louie L. Wainwright
  788 F.2d 684· 11th Cir.· 1986-04-15
  The dissenting judge would grant a stay of execution and an evidentiary hearing on the petitioner's claims of incompetence to stand trial, Caldwell violations, and Brady violations.
• Rogers L. Bryant v. State
  486 So. 2d 680· Fla. 1st DCA· 1986-04-10 ·via Writ Of Habeas Corpus
• Stevens v. Armontrout
  787 F.2d 1262· 8th Cir.· 1986-04-10
  The court held that a 200-year sentence for second-degree murder was not a violation of the Eighth and Fourteenth Amendments, and that the district court did not err in denying a habeas corpus petition without an evidentiary hearing.
• Clay E. Boyer, III v. State
  486 So. 2d 70· Fla. 4th DCA· 1986-04-09
  The court held that the judge's presence on the appellate panel did not violate due process and treated the appeal as a petition for writ of habeas corpus, which was denied. The denial of the post-conviction relief based on prosecutorial misconduct was affirmed.
• Gerdes v. Smith
  488 So. 2d 837· Fla. 5th DCA· 1986-04-07 ·via Writ Of Habeas Corpus
  The court denied the petition for writ of habeas corpus because the record was inadequate to grant relief.
• Oliver v. Dugger
  785 F.2d 949· 11th Cir.· 1986-04-02
  The court held that even if a precedent regarding joinder of offenses were retroactively applied, the petitioner would not be entitled to relief because the evidence of guilt was overwhelming and the introduction of a prior conviction did not render the trial fundamentally unfair
• Burton Donald Woods, III v. Armontrout
  787 F.2d 304· 8th Cir.· 1986-03-20
  The court held that the federal district court erred by applying the presumption of correctness under 28 U.S.C. § 2254(d) to the state court's determination of confession voluntariness, which requires independent federal review.
• Geary L. Dandridge v. Black
  785 F.2d 649· 8th Cir.· 1986-03-13
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no constitutional merit to the appellant's claims.
• Brown v. Armontrout
  786 F.2d 362· 8th Cir.· 1986-03-13 ·via Habeas Corpus Relief
  The court held that the defendant violated the terms of his plea agreement by failing to appear for sentencing, and therefore the court was justified in imposing a harsher sentence and the defendant was not entitled to withdraw his plea.
• PAZ v. Warden, Fed. Corr. Inst., Englewood, Colo.
  787 F.2d 469· 10th Cir.· 1986-03-11
  The court held that the Parole Commission's decision to deny parole based on the petitioner's refusal to admit guilt, despite evidence of rehabilitation and a plausible explanation for his stance, was arbitrary and capricious, and the district court did not exceed its authority i
• Ignizio v. Honorable David M. Gersten
  483 So. 2d 877· Fla. 3d DCA· 1986-03-04 ·via Writ Of Habeas Corpus
  The court held that the speedy trial extension was proper and that bail was not required despite the delay.
• Williams v. A.L. Lockhart
  784 F.2d 873· 8th Cir.· 1986-02-27
  The court held that the appellant failed to demonstrate prejudice from his counsel's decision not to seek a continuance after an amendment to the charges, thus his ineffective assistance of counsel claim failed.
• Thrasher v. Armontrout
  784 F.2d 327· 8th Cir.· 1986-02-19
  The court held that the pretrial lineup was not impermissibly suggestive and therefore constitutional.
• Mitchell v. W.J. Michael Cody
  783 F.2d 669· 6th Cir.· 1986-02-18
  The court held that the Double Jeopardy Clause does not bar a prosecution for vehicular homicide when the victim died after the defendant had already been prosecuted for lesser offenses arising from the same incident, under the 'necessary facts' exception.
• Rapetti v. James
  784 F.2d 85· 2d Cir.· 1986-02-14 ·via Habeas Corpus Review
  The court held that viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of Rape in the Third Degree beyond a reasonable doubt, thus reversing the district court's grant of habeas corpus.
• Johnny J.E. Meadows v. O.L. McCOTTER
  782 F.2d 489· 5th Cir.· 1986-02-10
  The court held that the district court's findings of fact were not clearly erroneous and the record supported the conclusion that the confession and guilty plea were voluntary.
• Rook v. Rice
  783 F.2d 397-401· 4th Cir.· 1986-01-31
  The court held that the jury instruction regarding malice did not unconstitutionally shift the burden of persuasion to the defendant. However, the judge writing separately believes the death sentence procedure violated constitutional rights.
• Butler v. King
  781 F.2d 486· 5th Cir.· 1986-01-30
  A state court loses jurisdiction to try a defendant when a civil rights removal petition is filed and pending in federal court, even if the petition is later found to be without merit.
• Smith v. Cunningham
  782 F.2d 292· 1st Cir.· 1986-01-23
  The court held that the appellant failed to establish that 'young adults' constituted a distinct class systematically excluded from jury duty, and the statistical disparity was not caused by intentional discrimination.
• Vail
  798 F.2d 119· 5th Cir.· 1986-01-16
  The court denied the application for a certificate of probable cause, finding no substantial showing that the appellant was denied a federal right. Issues not raised on appeal are deemed abandoned.
• Sylester Earl Smith v. Louie L. Wainwright
  484 So. 2d 31· Fla. 4th DCA· 1986-01-15
  The court found that the petitioner, Sylester Earl Smith, was denied effective assistance of appellate counsel. Counsel failed to raise a meritorious issue regarding a suggestive lineup identification, which is a fundamental part of the case.
• William v. Nabozny
  781 F.2d 83· 6th Cir.· 1986-01-15 ·via Habeas Corpus Relief
  The court held that the reasonable doubt instruction was adequate, Fourth Amendment claims were properly litigated, emergency wiretaps were justified under statute, and ineffective assistance of counsel claims failed to meet the required prejudice standard.
• Montero v. Ilchert
  780 F.2d 763· 9th Cir.· 1986-01-10
• Roach v. Warden James Aiken
  781 F.2d 379· 4th Cir.· 1986-01-09
  The court held that the petitioner's contentions regarding Huntington's Disease and the Inter-American Commission on Human Rights lacked merit and were insufficient grounds to stay or stop his execution.
• In the Interest of S.J.W. and T.R.W.
  480 So. 2d 262· Fla. 1st DCA· 1986-01-03
• Cohen v. Tate
  779 F.2d 1181· 6th Cir.· 1985-12-30
  The Sixth Circuit held that the district court erred in summarily dismissing the petitioner's claim regarding the missing transcript, remanding for further proceedings to determine if alternative means exist to address the voluntariness of the plea and ineffective assistance of c
• Pringle v. Court OF Common Pleas
  778 F.2d 998· 3d Cir.· 1985-12-12
  The court held that the Pennsylvania disorderly conduct statute, as applied to appellant's speech in 1979, was unconstitutionally vague because it failed to provide fair notice that her words, previously deemed not obscene by the Supreme Court, could be considered obscene based o