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

• Wickham v. Hall
  706 F.2d 713· 5th Cir.· 1983-06-10
  The court held that the Parole and Probation Commission may correct its own scoring errors on review, even if it results in a higher presumptive parole release date, provided the aggravation is factually supported and not already included in the offense definition.
• Hill v. Zimmerman
  709 F.2d 232· 3d Cir.· 1983-06-09
  The court held that the petitioner had not fairly presented his claim regarding the malice jury instruction to the state courts, thus requiring dismissal of the habeas petition for failure to exhaust state remedies.
• Horton v. State
  431 So. 2d 731· Fla. 3d DCA· 1983-05-24
• Bacik v. Engle
  706 F.2d 169· 6th Cir.· 1983-04-29
  The court held that the district court's denial of habeas corpus relief was proper, affirming the conviction based on established precedent regarding procedural default and ineffective assistance of counsel.
• Chapin v. R.C. Marshall
  704 F.2d 335· 6th Cir.· 1983-04-15
  The Sixth Circuit held that the district court erred in granting habeas corpus relief because the state court's determination that no second competency hearing was warranted was not an unreasonable application of federal law.
• Drake v. Louie L. Wainwright
  429 So. 2d 374· Fla. 1st DCA· 1983-03-17
  The court affirmed the trial court's denial of Drake's habeas corpus petition, holding that the Florida Parole and Probation Commission properly considered a concurrent federal kidnapping conviction as an aggravating factor in establishing his presumptive parole release date.
• Pierre v. Wash. State Bd. OF Prison Terms & Paroles
  699 F.2d 471· 9th Cir.· 1983-02-15
  The court held that the parole revocation procedures and minimum term determination did not violate appellant's due process rights.
• Hobgood v. Housewright
  698 F.2d 962· 8th Cir.· 1983-02-14
  Placing the burden on the defendant to prove an affirmative defense negating an element of the crime by a preponderance of the evidence does not violate due process.
• Gibson v. Spalding
  703 F.2d 362· 9th Cir.· 1983-02-09
  The court vacated its prior decision and remanded the case to the district court for reconsideration in light of intervening Supreme Court decisions.
• Ojeda v. State
  427 So. 2d 185· Fla.· 1983-02-03
• Aldan v. Salas
  718 F.2d 889· 9th Cir.· 1983-01-31
  The district court erred in bypassing the exhaustion requirement for territorial remedies; federal courts must require exhaustion of local remedies before entertaining a habeas corpus petition from a territorial conviction.
• Purwin v. Louie L. Wainwright
  436 So. 2d 138· Fla. 5th DCA· 1983-01-26 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel is denied if the petitioner fails to demonstrate prejudice from the alleged deficiency.
• Alonso-Martinez v. Meissner
  697 F.2d 1160· D.C. Cir.· 1983-01-21
  The court held that changed circumstances rendered the habeas corpus petition moot, vacating the lower court's judgment and remanding to dismiss the petition.
• Johnson v. Balkcom
  695 F.2d 1320· 11th Cir.· 1983-01-17
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on both ineffective assistance of counsel and jury instruction claims.
• Young v. Abrams
  698 F.2d 131· 2d Cir.· 1983-01-07
  The court held that a rational trier of fact could find beyond a reasonable doubt that the petitioner had the requisite scienter for obscenity, and the application of the statutory presumption of scienter was constitutional.
• Prasan Meechaicum v. Fountain
  696 F.2d 790· 10th Cir.· 1983-01-07
  A state cannot deny bail for local charges when a detainee is also held for extradition, as this creates a constitutionally impermissible situation where neither state's laws allow for bail.
• Giordano v. Fair
  697 F.2d 14· 1st Cir.· 1983-01-05
  The court held that the state court's interpretation of the escape statute, which allowed conviction based on proof of lawful custody under the Interstate Agreement on Detainers (IAD) and a presumption of regularity, did not violate due process.
• Dowdell v. State
  423 So. 2d 612· Fla. 1st DCA· 1982-12-21
  Dowdell appeals the denial of his habeas corpus petition challenging a Georgia fugitive warrant for extradition. The court holds that a probation violation occurring in Florida relates back to the original Georgia felony for which probation was imposed, making the original crime
• Perguson v. Colonel Remo J. Nicoli
  694 F.2d 101· 5th Cir.· 1982-12-20
  Federal courts must refrain from intervening in military court proceedings until all available military remedies have been exhausted, particularly when the issue is whether an offense is service-connected.
• Terrell v. Maggio
  693 F.2d 591· 5th Cir.· 1982-12-17
  The court held that the district court erred by granting habeas relief without considering the presumption of correctness afforded state court factual determinations under 28 U.S.C. § 2254(d).
• Jackey Don Watson v. Donald Wyrick and/or Carl White
  698 F.2d 925· 8th Cir.· 1982-12-17
  The court held that the appellant's guilty plea was knowing and voluntary, and that he received effective assistance of counsel.
• Little v. Thomas
  719 F.2d 50· 3d Cir.· 1982-12-06
  The court affirmed the district court's grant of summary judgment, finding the Parole Commission's decision to continue the appellant on parole was rational and consistent with the statute, and that no evidentiary hearing was required.
• Grubbs v. Hoyt C. Cupp
  693 F.2d 866· 9th Cir.· 1982-11-29
  The court held that a petitioner must exhaust state remedies by applying to the state's highest court, even if it seems futile, to satisfy federal habeas corpus requirements.
• Neal v. Delbert Jackson
  692 F.2d 783· D.C. Cir.· 1982-11-09
  The court denied the suggestion for rehearing en banc, affirming the panel's decision to deny the habeas corpus petition.
• Spillers v. Housewright
  692 F.2d 524· 8th Cir.· 1982-11-05
  The court held that a prosecutor's alleged breach of a pretrial agreement and the state trial court's failure to determine the voluntariness of a statement do not warrant habeas relief without a showing of cause and prejudice, or if the issues were not properly preserved under st
• Eli J. Guillory v. Maggio
  690 F.2d 464· 5th Cir.· 1982-11-01 ·via Habeas Corpus Review
  The exclusion of a prior exculpatory statement did not render the trial fundamentally unfair, thus not a basis for federal habeas corpus relief.
• Coleman v. Estelle
  689 F.2d 1244· 5th Cir.· 1982-10-28
• Schlomann v. Ralston
  691 F.2d 401· 8th Cir.· 1982-10-22
  The court affirmed the district court's dismissal of the habeas corpus petitions, finding no merit in the petitioner's claims regarding jurisdiction, confession use, insanity, competency, cruel and unusual punishment, or parole commission actions.
• Jack and Julie Truesdale v. Dallman
  690 F.2d 76· 6th Cir.· 1982-10-06
  The court held that substantial evidence was adduced at trial to establish venue in Butler County for at least one element of the drug trafficking offense, thus affirming the denial of habeas corpus relief.
• Stangherlin v. Kelly
  419 So. 2d 1154· Fla. 5th DCA· 1982-09-29 ·via Writ Of Habeas Corpus
  Petitioner Stangherlin sought habeas corpus relief to secure release from custody pending trial on charges of conspiracy to commit first-degree murder and first-degree murder. The court denied the writ, finding that testimony from a witness (Modzelewski) regarding petitioner's in
• Winckler v. Solem
  688 F.2d 594· 8th Cir.· 1982-09-22
  Failure to strictly comply with a state statute requiring endorsement of witnesses on an information does not violate due process if no bad faith is shown and the defendant is not prejudiced.
• Shepard v. Warden H. Solem and Paul L. Douglas
  688 F.2d 65· 8th Cir.· 1982-09-13
  The court held that the federal district court did not err in resolving the habeas corpus claims on the state court record without an evidentiary hearing, and that the guilty plea was voluntary and counsel was effective.
• Cole v. Parratt
  688 F.2d 59· 8th Cir.· 1982-09-13
  Failure to object to the use of a prior conviction at a state habitual criminal hearing, absent a showing of cause and prejudice, bars federal habeas review of the constitutional claim.
• Pires v. Louie L. Wainwright
  419 So. 2d 358· Fla. 1st DCA· 1982-09-10
  An inmate challenged a disciplinary proceeding resulting in loss of gain time and transfer after prison officials monitored his telephone call without a warrant. The court held that Florida's Security of Communications Act contains an implicit exception allowing prison officials
• Gray v. Lucas
  685 F.2d 139· 5th Cir.· 1982-09-03
  The court held that the petition for panel rehearing is denied because the issues raised were previously considered and found without merit, and the prior rulings were correct.
• White v. Estelle
  685 F.2d 927· 5th Cir.· 1982-08-26
  The court held that the district court properly granted habeas relief because the state's role in the disappearance of a material witness violated due process, and the state court's findings on due diligence were not entitled to deference.
• Wylie v. Botos
  416 So. 2d 1253· Fla. 4th DCA· 1982-07-21
  Unmarried parents sought to revoke their consent to adoption of their child born out of wedlock after the adoption petition was filed. The Fourth District Court of Appeal affirmed the trial court's decision to grant the adoption, holding that the natural father was estopped from
• The United States v. Ainsworth Charles Jackson. Appeal of Ainsworth C. Jackson
  684 F.2d 245· 3d Cir.· 1982-07-19 ·via Habeas Corpus Jurisdiction
  The court held that a district court may have jurisdiction over a motion to vacate a prior sentence under 28 U.S.C. § 2255, even if the movant is no longer in custody for that sentence, if the prior sentence directly affects the duration of their current confinement.
• Saxon v. State
  416 So. 2d 904· Fla. 1st DCA· 1982-07-14 ·via Writ Of Habeas Corpus
  The court held that the defendant's subsequent actions after refusing extradition, coupled with his speedy trial demands, constituted a bona fide effort to secure a speedy trial, and the trial court erred in denying his motion based solely on the initial refusal.
• Enoch Dickinson, Jr. v. Louie Wainwright
  416 So. 2d 40· Fla. 1st DCA· 1982-07-02
  An inmate appealed the dismissal of his habeas corpus petition challenging his work gain time calculation, claiming he was entitled to one day of gain time for each day worked. The court affirmed the dismissal, holding that Florida statute does not mandate a one-to-one ratio but
• Mastrangelo v. United States Parole Comm'n
  682 F.2d 402· 2d Cir.· 1982-06-30
  The court held that while the second sentence was intended to run consecutively to the first, the case must be remanded to determine if the petitioner was adequately aware of his special parole status and its conditions.
• Genter v. Louie L. Wainwright
  678 F.2d 934· 11th Cir.· 1982-06-14
  A federal district court must dismiss without prejudice a habeas corpus petition presenting both unexhausted and exhausted claims to avoid piecemeal litigation.
• Flowers v. Fair
  680 F.2d 261· 1st Cir.· 1982-06-08
  The court held that the district court correctly denied the habeas corpus petition, finding no violation of the constitutional right to a speedy trial or effective assistance of counsel.
• Hooks v. Wainwright
  540 F. Supp. 652· M.D. Fla.· 1982-06-07 ·via Habeas Corpus Jurisdiction
  A federal court lacks jurisdiction to grant a stay of execution or appoint counsel for a state prisoner unless it is in connection with a habeas corpus proceeding, and jurisdiction is divested when an appeal is taken from a certified order.
• Short v. Garrison
  678 F.2d 364· 4th Cir.· 1982-06-01
  The court held that the failure to make a "no-benefit" finding under the North Carolina Youthful Offender statute, when the petitioner was over twenty-one at the time of seeking relief, did not constitute a constitutional violation cognizable in federal habeas corpus.
• United States v. Davis
  677 F.2d 495· 5th Cir.· 1982-06-01 ·via Writ Of Habeas Corpus
  The court held that the appellant's motion for a writ of mandamus did not clearly evince an intent to appeal, rendering the subsequent notice of appeal untimely.
• Bean v. United States
  679 F.2d 683· 7th Cir.· 1982-05-27
  A motion for a new trial based on newly discovered evidence of innocence cannot be brought under 28 U.S.C. § 2255 if it is untimely under Federal Rule of Criminal Procedure 33.
• Weir v. Fletcher
  680 F.2d 437· 6th Cir.· 1982-05-25 ·via Habeas Corpus Relief
  The court held that petitioner failed to allege facts sufficient to warrant an evidentiary hearing regarding post-Miranda silence.
• Young v. Hubbard
  673 F.2d 132· 5th Cir.· 1982-04-16 ·via Federal Habeas Corpus
  The court held that Mississippi Code Annotated section 99-35-115, which generally denies bail pending appeal for certain serious offenses like robbery, does not violate the Fourteenth Amendment's equal protection or due process clauses.
• Chatfield v. Ricketts
  673 F.2d 330· 10th Cir.· 1982-03-25
  The court held that the Double Jeopardy Clause did not prohibit retrying the defendant for first-degree kidnapping after a mistrial and subsequent dismissal, and that sufficient evidence supported the conviction.