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

• Beard v. A.L. Lockhart
  779 F.2d 23· 8th Cir.· 1985-12-06
  The court held that the brief handling of a firearm was sufficient evidence to revoke probation and that the denial of a continuance for new counsel did not violate the appellant's Sixth Amendment rights.
• Williams v. Armontrout
  777 F.2d 422· 8th Cir.· 1985-11-15
  The court held that a petition for reconsideration or a petition for leave to proceed in forma pauperis are not valid substitutes for a timely notice of appeal or a motion for an extension of time, respectively.
• Manning v. Louie L. Wainwright
  477 So. 2d 666· Fla. 5th DCA· 1985-10-31
  Court remanded for evidentiary hearing to determine whether counsel's failure to timely file a notice of appeal constituted ineffective assistance of counsel depriving petitioner of his appellate rights.
• United States ex rel. Frank Carlos Colon v. DeROBERTIS
  774 F.2d 801· 7th Cir.· 1985-10-04
  The admission of a codefendant's statement, which differed critically from the defendant's own confession on key facts, was not harmless error under the Confrontation Clause.
• Mann v. Warden OF Eglin AIR Force Base
  771 F.2d 1453· 11th Cir.· 1985-09-24
  A prisoner transferred under the Interstate Agreement on Detainers is not entitled to a pre-transfer hearing under Florida law or the Sixth Amendment, even if the detainer is lodged by a state where the prisoner is physically located.
• Hudson v. Deyton
  770 F.2d 1558· 11th Cir.· 1985-09-17
  The court held that increasing child support payments, even if made a condition of a suspended sentence, does not violate the ex post facto clause if state law interprets such payments as a continuing statutory duty separate from the sentence itself.
• Darden v. Louie L. Wainwright
  772 F.2d 666· 11th Cir.· 1985-08-27 ·via Habeas Corpus Relief
• Glick v. A.L. Lockhart
  770 F.2d 737· 8th Cir.· 1985-08-16
  The court held that the district court did not err in dismissing the habeas petition without a hearing, as the petitioner's claims lacked merit under Arkansas law.
• Glass v. Blackburn
  767 F.2d 123· 5th Cir.· 1985-07-25
  The court granted the motion to proceed in forma pauperis and stayed the execution, ordering further briefing on the certificate of probable cause.
• Lovelace v. A.L. Lockhart
  765 F.2d 742· 8th Cir.· 1985-06-25
  The court held that a state procedural error in allowing the jury to determine habitual offender status, rather than the judge, did not warrant federal habeas corpus relief because the defendant suffered no prejudice.
• Milton v. O.L. McCOTTER
  765 F.2d 434· 5th Cir.· 1985-06-24
  The court held that the petitioner's claims were either successive, constituted abuse of the writ, or lacked merit, and therefore denied his application for a stay of execution and habeas relief.
• Borning v. L.J. Hymel
  764 F.2d 1041· 5th Cir.· 1985-06-19 ·via Habeas Corpus Petition
  A district court's certification that an appeal is not taken in good faith prevents it from granting leave to proceed in forma pauperis.
• Johnson v. Smith
  764 F.2d 114· 2d Cir.· 1985-06-11
  The court held that the state's appeal and petitioner's cross-appeal were moot because a subsequent conviction rendered the original judgment under appeal irrelevant.
• D.L.T. v. Heisner
  469 So. 2d 891· Fla. 1st DCA· 1985-05-16
  A Florida appellate court clarified its prior habeas corpus order directing that a juvenile be detained in the statutorily designated catchment area rather than in a different facility. The court held that while the Department of Health and Rehabilitative Services has authority t
• Moore v. Louie L. Wainwright
  469 So. 2d 882· Fla. 3d DCA· 1985-05-14
  A Florida appeals court granted habeas corpus relief to an inmate whose approved parole release date was rescinded based on a new Attorney General opinion interpreting parole eligibility rules for consecutive sentences. The court held that a new legal interpretation cannot be ret
• Bowles v. Sanford S. Jones
  758 F.2d 1479· 11th Cir.· 1985-04-25
  The court held that the Georgia Flag Misuse Statute was unconstitutional as applied to the appellants' conduct, mirroring a prior decision.
• Hanahan v. Luther
  760 F.2d 148· 7th Cir.· 1985-04-19
  The district court lacked jurisdiction to entertain the petitioner's motion for sentence credit because it was a new habeas corpus petition that failed to name the proper respondent (the petitioner's custodian).
• King v. Louie L. Wainwright
  467 So. 2d 1052· Fla. 1st DCA· 1985-04-18
  David King sought post-conviction relief claiming the trial court violated a plea agreement by imposing a five-year sentence instead of the promised one-year sentence. The appellate court affirmed the trial court's denial of relief, finding that the plea documents clearly showed
• Elton Watts v. Petrovsky
  757 F.2d 964· 8th Cir.· 1985-03-26
  The court held that the issue of the parole date was moot because the appellant had been paroled, and his speculative claim of future revocation did not confer jurisdiction.
• Wallace v. Kemp
  757 F.2d 1102· 11th Cir.· 1985-03-13
  The court held that the evidence was insufficient to sustain the jury's finding that the defendant was competent to stand trial, thus reversing the district court's denial of the writ of habeas corpus.
• McGEE v. State
  463 So. 2d 422· Fla. 1st DCA· 1985-02-04 ·via Writ Of Habeas Corpus
  Howard McGee sought habeas corpus relief claiming ineffective assistance of appellate counsel for failing to raise an issue about whether proof of a destructive device's actual existence is required to prove a threat to discharge it under Florida law. The court denied the petitio
• Songer v. Wainwright
  605 F. Supp. 686· M.D. Fla.· 1985-02-02
  The court held that the second petition for a writ of habeas corpus should be dismissed as successive because the petitioner failed to demonstrate that the ends of justice would be served by a redetermination of the issues previously adjudicated on the merits.
• Pitts v. A.L. Lockhart
  753 F.2d 689· 8th Cir.· 1985-01-31
  A jury from which individuals with conscientious objections to the death penalty are excluded is unconstitutional per se, violating the Sixth and Fourteenth Amendments.
• Parks v. Christensen
  751 F.2d 1081· 9th Cir.· 1985-01-15
  The court held that the new regulation prohibiting forfeiture of extra good time does not apply retroactively to forfeitures that occurred before its promulgation.
• Doyle Edward Skillern v. Procunier
  751 F.2d 744· 5th Cir.· 1985-01-14 ·via Federal Habeas Corpus
  The court affirmed the denial of a stay of execution and injunctive relief, finding the petitioner failed to present a substantial case on the merits.
• United States v. Booher
  752 F.2d 105· 4th Cir.· 1985-01-11
  The advance filing of a federal writ of habeas corpus ad prosequendum with prison officials does not transform the writ into a detainer under the Interstate Agreement on Detainers Act (IADA).
• Gaines v. Fla. Parole & Prob. Comm'n
  463 So. 2d 1181· Fla. 4th DCA· 1985-01-09
  The Florida Parole and Probation Commission improperly extended a prisoner's presumptive parole release date by using a prior conviction that had already been considered and not used for aggravation.
• Johnson v. Mabry
  752 F.2d 313· 8th Cir.· 1985-01-08
  The court held that the petitioner failed to establish prejudice from counsel's failure to interview witnesses, thus affirming the denial of his habeas corpus petition.
• Pina v. Henderson
  752 F.2d 47· 2d Cir.· 1985-01-04
  The State prosecutor did not violate Brady v. Maryland by withholding exculpatory evidence because the parole officer's report was not in the prosecution's control, and judicial notice of an officer's report was improper.
• LeBRON v. Vitek
  751 F.2d 311· 8th Cir.· 1985-01-04
  The court held that a state prisoner's habeas corpus petition challenging a conviction based on an allegedly invalid search warrant should be dismissed because the prisoner received a full and fair hearing in state court on the Fourth Amendment issue.
• United States ex rel. Richard Curtis v. Blackburn
  748 F.2d 1047· 5th Cir.· 1984-12-20
  The court held that the Louisiana habitual offender law, as applied to a second-offense armed robbery conviction, does not violate the Fourteenth Amendment's due process or equal protection clauses, despite a potential disparity with sentences for fourth offenders.
• Sockwell v. Blackburn
  748 F.2d 979· 5th Cir.· 1984-12-17 ·via Federal Habeas Corpus
  The court held that the admission of the inculpatory statement was not a violation of the petitioner's right to counsel, and any potential error was harmless beyond a reasonable doubt.
• United States v. Baraban
  599 F. Supp. 1171· S.D. Fla.· 1984-12-04
  The court denied the defendant's motion to vacate his sentence, finding he was competent to stand trial and received effective assistance of counsel.
• Major Stewart v. Blackburn
  746 F.2d 262· 5th Cir.· 1984-11-12
  The court held that a jury's inconsistent verdicts do not invalidate a conviction if sufficient evidence supports the conviction on each count separately. The court also held that attempted second-degree murder is a valid crime under Louisiana law.
• Ellefson v. Solem
  748 F.2d 443· 8th Cir.· 1984-11-09
  The court held that a preliminary probation revocation hearing was not required when the appellant was already incarcerated and had not alleged prejudice from the lack of a hearing.
• Solomon v. Harris
  749 F.2d 1· 2d Cir.· 1984-11-06 ·via Writ Of Habeas Corpus
  The court held that the appellant was not deprived of the reasonably effective assistance of counsel, as neither prong of the Strickland test was met.
• Barfield v. Woodard
  748 F.2d 844· 4th Cir.· 1984-11-01
  The court held that the petitioner's claims were either successive, abuses of the writ, or without merit, and affirmed the district court's denial of the habeas corpus petition and application for stay of execution.
• Johnson v. A.L. Lockhart
  746 F.2d 1367· 8th Cir.· 1984-10-30
  The court held that a guilty plea is not rendered involuntary by the failure of a trial judge to explain parole eligibility, absent evidence of attorney misrepresentation.
• Creekmore v. Dist. Court OF the Eighth Jud. Dist. OF the State OF Mont.
  745 F.2d 1236· 9th Cir.· 1984-10-23
  The court held that the defendant was not denied his confrontation right when a witness had a memory lapse on cross-examination regarding a specific statement, as the witness testified fully on direct and was extensively cross-examined.
• Rogers v. Israel
  746 F.2d 1280-1288· 7th Cir.· 1984-10-16
  The court held that the petitioner may be entitled to a writ of habeas corpus if, on remand, he can show that his trial counsel's failure to investigate the incapacitating effect of the victim's heart wound was unreasonable and that material facts were not developed due to no ine
• Harris v. White
  745 F.2d 523· 8th Cir.· 1984-10-05
  The court held that the trial court's refusal to conduct a hearing on allegations of prosecutorial coercion of a witness did not violate due process.
• Cousart v. Hammock
  745 F.2d 776· 2d Cir.· 1984-09-28
  The court affirmed the denial of the habeas corpus petition, finding that some claims were meritless and others were procedurally defaulted.
• Weir v. Wilson
  744 F.2d 532· 6th Cir.· 1984-09-26
  The court held that a defendant's post-arrest silence is impeachable if it occurred before Miranda warnings were given, as Doyle v. Ohio only protects silence induced by such warnings.
• Howard v. Hoyt C. Cupp
  747 F.2d 510· 9th Cir.· 1984-09-25
  Oregon's dual system for filing felony charges does not violate equal protection, and suggestive police procedures did not render eyewitness identification unreliable.
• DeANGELIS v. Louie Wainwright
  455 So. 2d 639· Fla. 1st DCA· 1984-09-13 ·via Writ Of Habeas Corpus
  DeAngelis sought habeas corpus relief claiming the Department of Corrections unlawfully withheld incentive gain time credits during his final month of incarceration. The court denied the petition, finding that an emergency rule promulgated after a prior decision in Pettway proper
• Listle Vaughn v. Britton
  740 F.2d 833· 11th Cir.· 1984-08-28
  The court held that the petitioner's claim regarding the Allen charge was procedurally defaulted because his trial counsel failed to properly object and perfect the record on appeal, barring federal habeas review.
• Irons v. A.L. Lockhart
  741 F.2d 207· 8th Cir.· 1984-08-23
  The court held that the appellant failed to demonstrate prejudice from his trial counsel's alleged errors regarding jury selection, prosecutorial comments, prejudicial testimony, and the use of his prior confession, thus affirming the denial of his habeas corpus petition.
• Dixon v. Alexander
  741 F.2d 121· 6th Cir.· 1984-08-21 ·via Federal Habeas Corpus
  The court held that the district court properly dismissed the federal habeas corpus claim for failure to exhaust state remedies and the § 1983 claim as it was subsumed by the habeas claim.
• Ross v. Louie L. Wainwright
  738 F.2d 1217· 11th Cir.· 1984-08-13
  The court held that the defendant knowingly and intelligently waived his right to appeal the effectiveness of his counsel by acquiescing to his attorney's trial strategy and failing to object when directly questioned by the court.
• Moore v. A.L. Lockhart
  740 F.2d 14· 8th Cir.· 1984-08-08
  The court held that sufficient evidence supported the burglary conviction and that prosecutorial remarks were not prejudicial.