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

• Kerns v. Parratt
  672 F.2d 690· 8th Cir.· 1982-03-17
  The court adheres to precedent upholding the habitual offender statute, despite concerns about its application.
• Herrera v. Honorable H. Vearle Payne
  673 F.2d 307· 10th Cir.· 1982-03-12
  A statement of reasons is required when a district court denies a certificate of probable cause for appeal in a state habeas corpus case.
• Parry Morgan v. Wyrick
  673 F.2d 218· 8th Cir.· 1982-03-08
  The court held that the appellant's consecutive sentences were not imposed under the unconstitutional statute, thus no remand for resentencing is necessary.
• Sneed v. Smith
  670 F.2d 1348· 4th Cir.· 1982-02-11
  The court held that the evidence was constitutionally insufficient to convict Sneed of forgery, and that Sneed's claim of ineffective assistance of counsel could not be properly denied without an evidentiary hearing.
• Freeman Leroy Bell v. Harrison
  670 F.2d 656· 6th Cir.· 1982-02-09
  The court held that Tennessee's rape shield statute, T.C.A. § 40-2445, is constitutional on its face and as applied, and did not violate the defendant's Sixth Amendment right to confrontation.
• von Burleson v. Estelle
  666 F.2d 231· 5th Cir.· 1982-01-22
  The Supreme Court's ruling in Crist v. Bretz, establishing that jeopardy attaches when a jury is impaneled and sworn, is retroactive and applies to the states.
• Davis v. Parratt
  668 F.2d 451· 8th Cir.· 1982-01-19
  The court affirmed the denial of habeas corpus relief, holding that while the state trial court abused its discretion in denying a continuance, this denial did not materially prejudice the petitioner.
• Dicenso v. Michaels
  668 F.2d 633· 1st Cir.· 1982-01-18
  The court held that petitioners failed to establish jurisdiction because their custody was based on convictions unrelated to the alleged prosecutorial misconduct before the grand jury.
• Proctor v. Louie L. Wainwright
  408 So. 2d 793· Fla. 1st DCA· 1982-01-14 ·via Writ Of Habeas Corpus
  Petitioner Proctor seeks habeas corpus release from a Florida prison, claiming Florida violated the Interstate Agreement on Detainers by failing to provide a timely parole revocation hearing. The court denies the petition but conditions its denial on Florida providing a final rev
• Dr. Ing. H. C. F. Porsche AG v. Classic Motor Carriages, Inc.
  316 F. Supp. 1039· S.D. Fla.· 1982-01-13
• Wiley v. Sowders
  669 F.2d 386· 6th Cir.· 1982-01-11
  The court held that while an on-the-record inquiry into consent to admit guilt is preferred, due process does not mandate it, and remanded for an evidentiary hearing on whether the petitioner consented to his attorney's strategy.
• Major Fortenberry v. Maggio
  664 F.2d 1288· 5th Cir.· 1982-01-04
  The court held that the defendant's due process rights may have been violated by an impermissibly suggestive out-of-court identification, requiring a remand for an evidentiary hearing. The court also held that the use of juror notes during deliberations did not violate the defend
• Roberson v. Fla. Parole & Prob. Comm'n
  407 So. 2d 1044· Fla. 3d DCA· 1981-12-29
  A state prisoner sought administrative appeal from the Florida Parole and Probation Commission's determination of his presumptive parole release date, claiming it was based on false pre-sentence investigation information. The Third District Court of Appeal dismissed the appeal, h
• Smith v. Housewright
  667 F.2d 689· 8th Cir.· 1981-12-23
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming that the confession was voluntary and properly admitted.
• Aldridge v. State
  407 So. 2d 280· Fla. 3d DCA· 1981-12-08
  In this extradition habeas corpus appeal, the court held that a defendant challenging an executive warrant for rendition must be afforded an evidentiary hearing to present evidence refuting the prima facie case that he was present in the demanding state at the time of the alleged
• Waters v. Wainwright
  527 F. Supp. 275· M.D. Fla.· 1981-12-03
  The court held that the petitioner has not established his contentions and has not been deprived of any constitutional right, thus his habeas petition is dismissed.
• Gray v. Raines
  662 F.2d 567· 9th Cir.· 1981-11-23
  The court held that the defendant's conviction for statutory rape did not violate due process because he had actual notice of the charge and the lesser offense was necessarily included within the greater offense charged.
• Blackwell v. Anderson
  664 F.2d 1049· 6th Cir.· 1981-11-23
  The court held that the evidence was sufficient to support a first-degree murder conviction and that no constitutional rights were violated.
• Williams v. Wyrick
  664 F.2d 193· 8th Cir.· 1981-11-20
  The court held that the Missouri statute allowing only one state-funded psychiatric examination for competency does not violate due process or equal protection rights for indigent defendants.
• Behrens v. Honorable J. William Woodson
  405 So. 2d 262· Fla. 5th DCA· 1981-10-28 ·via Writ Of Habeas Corpus
• DeCASTRO v. State
  406 So. 2d 495· Fla. 3d DCA· 1981-10-27
  Habeas corpus petition denied because appellate counsel's failure to raise the trial court's refusal to instruct on penalties was not ineffective assistance where such instruction was not mandatory at the time of trial in 1976.
• Henderson v. State OF Mo.
  661 F.2d 107· 8th Cir.· 1981-10-19
  The court held that the petitioner's habeas corpus filing was premature because it had not first been made to the appropriate federal district court.
• ABY v. Parratt
  660 F.2d 385· 8th Cir.· 1981-10-09 ·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, finding sufficient evidence and corroboration for the conviction.
• Thomas M. Walshe, III, M.D. v. Rear Admiral Wycliffe D. Toole, Jr.
  663 F.2d 320· 1st Cir.· 1981-10-07
  The court held that the Navy's denial of the conscientious objector application was tainted by factual errors and bias, requiring vacatur of the district court's judgment.
• Terry v. Housewright
  659 F.2d 879· 8th Cir.· 1981-09-30 ·via Habeas Corpus Relief
  The court held that there was sufficient evidence to support the petitioner's felony conviction for theft of property.
• Stephens v. Wyrick
  659 F.2d 94· 8th Cir.· 1981-09-14
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on the claims of involuntary guilty plea and unconstitutional sentencing statute.
• Damyn v. Louie L. Wainwright
  403 So. 2d 569· Fla. 1st DCA· 1981-09-09
• FRY v. Moreland
  402 So. 2d 583· Fla. 5th DCA· 1981-08-26 ·via Writ Of Habeas Corpus
  Petitioner sought habeas corpus relief claiming his competency hearing was held outside the 30-day deadline required by Florida Rule of Criminal Procedure 3.212(b)(4). The court rejected this claim, holding that the relevant deadline begins from receipt of a report by the facilit
• Hall v. Lou V. Brewer
  656 F.2d 364· 8th Cir.· 1981-08-17
  The court held that the petitioner did not deliberately bypass state remedies and that the federal district court erred in dismissing the habeas petition on grounds of procedural waiver and failure to exhaust.
• Schleicher v. Wyrick
  656 F.2d 288· 8th Cir.· 1981-07-30
  The court held that the prisoner's habeas corpus petition should be affirmed, not on the ground of failure to exhaust state remedies, but because the prisoner failed to show a due process violation.
• D. D. v. Honorable Bill White
  650 F.2d 749· 5th Cir.· 1981-07-16
  The court held that a federal district court must dismiss a mixed petition for a writ of habeas corpus, which contains both exhausted and unexhausted claims, without prejudice due to the petitioner's failure to exhaust available state remedies.
• Jean v. Meissner
  315 F. Supp. 832· S.D. Fla.· 1981-07-06
  The court held that the amended petition was properly filed and that joinder of parties and claims was appropriate under the Federal Rules of Civil Procedure, but that bifurcation of proceedings was necessary to avoid prejudice to the respondents.
• Lavell Flye v. Parratt
  650 F.2d 152· 8th Cir.· 1981-06-05 ·via Federal Habeas Corpus
  The court affirmed the denial of the habeas corpus petition, finding no sufficient reason for the state court to doubt the petitioner's competency.
• D. P. v. Capri
  399 So. 2d 1030· Fla. 3d DCA· 1981-06-05 ·via Habeas Corpus Petition
  A juvenile was ordered detained in secure custody pending trial based solely on the trial judge's exercise of discretionary power. The Florida District Court of Appeal granted habeas corpus and ordered the juvenile's release, holding that detention authority for juveniles is stri
• Bonner v. Wyrick
  650 F.2d 150· 8th Cir.· 1981-06-03
  A guilty plea is not rendered invalid simply because it was motivated by the defendant's desire to avoid a potentially greater sentence after trial.
• Taylor v. Starnes
  650 F.2d 38· 4th Cir.· 1981-05-29
  The court held that the trial attorney's failure to request a jury instruction on the lesser included offense of assault and battery, based on a mistaken belief about the judge's duty and a strategy to create error, constituted ineffective assistance of counsel.
• In the Interest of S. M. v. The Honorable Sam McCORMACK
  398 So. 2d 511· Fla. 4th DCA· 1981-05-27
  Juvenile judges cannot order a child placed in community control to be detained in a governmental facility as a condition of that program.
• Cooper v. Mitchell
  647 F.2d 437· 4th Cir.· 1981-04-27
  The court held that a harsher sentence imposed by a jury upon retrial does not violate due process if the jury is unaware of the prior sentence and the sentence is not otherwise shown to be a product of vindictiveness. The court also held that delay incident to collateral proceed
• United States v. Evans
  652 F.2d 177· D.C. Cir.· 1981-04-20 ·via Writ Of Habeas Corpus
  The court held that a defendant convicted of felony murder, who was acquitted of first-degree murder, cannot benefit from a ruling that overturned first-degree murder convictions based on faulty malice instructions.
• D. H. v. The Honorable Mark E. Polen
  396 So. 2d 1189· Fla. 4th DCA· 1981-04-15
  A juvenile court ordered detention of a dependent child charged with indirect criminal contempt for violating a school attendance condition. The appellate court upheld detention in a secure facility, holding that when contempt charges constitute delinquent acts, detention pending
• Massey v. Balkcom
  642 F.2d 157· 5th Cir.· 1981-04-09
  The court held that a state prisoner is not constitutionally entitled to have his sentence determined anew by a jury after a death sentence is commuted to life imprisonment.
• Puleri v. State
  396 So. 2d 1129· Fla.· 1981-04-02 ·via Habeas Corpus Relief
• Johnson v. Perini
  644 F.2d 573· 6th Cir.· 1981-03-16
  The court held that the juvenile court's finding of probable cause, without an adjudication of delinquency, did not violate the petitioner's right against double jeopardy.
• Cowick v. Louie Wainwright
  394 So. 2d 1109· Fla. 1st DCA· 1981-03-11 ·via Habeas Corpus Relief
• Davis v. Bryant Muellar
  643 F.2d 521· 8th Cir.· 1981-03-06
  The state court should not exercise jurisdiction over an Indian arrested in violation of a tribal extradition ordinance, as such action impedes tribal self-government and is preempted by federal law.
• Harris v. The State OF S.C.
  642 F.2d 71· 4th Cir.· 1981-02-20
  The court held that the petitioners' custody was based on subsequent indictments, not the allegedly illegal extradition warrants, and thus habeas corpus relief was unavailable.
• James v. Louie L. Wainwright
  636 F.2d 1018· 5th Cir.· 1981-02-12
  The court held that the district court erred by not applying the Jackson v. Virginia standard for sufficiency of evidence.
• Nieboer v. T. L.
  394 So. 2d 163· Fla. 1st DCA· 1981-02-11
  The court reversed a habeas corpus order against the Department of Health and Rehabilitative Services for lack of proper service of process, but affirmed the order against the detention center superintendent who had actual custody of the juveniles.
• MacLean v. Rouse
  1981 U.S. Dist. LEXIS 10512· S.D. Fla.· 1981-01-30
  Florida Rule of Criminal Procedure 3.691(a), which prohibits bail for convicted felons with prior felony convictions pending appeal, does not violate the Due Process or Eighth Amendments.
• Sacco v. United States Parole Comm'n & Winston Satran
  639 F.2d 441· 8th Cir.· 1981-01-30
  The court held that the district court correctly dismissed the habeas corpus petition as repetitive and lacking new grounds for relief, affirming the prior adverse decisions on the merits.