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

• Johnson v. Overberg
  639 F.2d 326· 6th Cir.· 1981-01-27 ·via Federal Habeas Corpus
  The court held that a federal due process violation did not occur when a state granted a continuance ex parte, as long as the defendant was later given notice and an opportunity to object and seek dismissal.
• State v. Jackson
  392 So. 2d 362· Fla. 4th DCA· 1981-01-15
  The Florida appellate court addressed whether a trial court had authority to release a defendant on probation pending the state's appeal of a sentence modification order. The court held that while a trial court's authority to grant bail to a defendant released pursuant to Rule 3.
• Ulysses Smith v. Blackburn
  632 F.2d 1194· 5th Cir.· 1980-12-15
  The court held that a conviction by a five-member jury is unconstitutional, and the petitioner did not waive this right by electing to be tried by such a jury.
• Walker v. United States
  636 F.2d 1138· 6th Cir.· 1980-12-12
  A sentence imposed based on a prior unconstitutional conviction is a denial of due process and entitles the defendant to resentencing.
• Lytle v. Brown
  636 F.2d 1135· 6th Cir.· 1980-12-11 ·via Writ Of Habeas Corpus
  The court held that Army Regulation 601-25 permits a physician to apply for an exemption from active duty based on community need before receiving orders for active duty.
• In re Florida Rules of Judicial Administration
  391 So. 2d 214· Fla.· 1980-12-04
  The Supreme Court approved amendments to the Rules of Judicial Administration regarding filing fees for habeas corpus proceedings and the terms for chief judges.
• Jenkins v. Harvey
  634 F.2d 130· 4th Cir.· 1980-10-23
  The court held that a state court's denial of bail pending appeal, even without stated reasons, does not violate federal due process or require federal habeas corpus relief.
• Bradenburg v. Beaman
  632 F.2d 120· 10th Cir.· 1980-10-16
  The court held that a pro se litigant must follow procedural rules, and the trial court did not err in refusing to entertain a complaint that failed to comply with local rules.
• Charles v. Warden
  629 F.2d 1182· 6th Cir.· 1980-10-03
• Rawls v. Mabry
  630 F.2d 654· 8th Cir.· 1980-10-02
  The court held that the petitioner's claims of ineffective assistance of counsel and involuntary plea were without merit, affirming the dismissal of his habeas corpus petition.
• Captain William E. Naill v. The Honorable Clifford L. Alexander, Jr.
  631 F.2d 696· 10th Cir.· 1980-09-25
  The court held that there was a basis in fact for the denial of the petitioner's application for conscientious objector status because his beliefs were not based on religious training and belief as required by Army regulations.
• Otho Thompson v. Capps
  626 F.2d 389· 5th Cir.· 1980-09-22
• Shuler v. Garrison
  631 F.2d 270· 4th Cir.· 1980-09-10
  The court held that the trial court's declaration of a mistrial was not improvidently granted, and therefore, the retrial did not violate the double jeopardy clause.
• Williams v. Marshall
  628 F.2d 934· 6th Cir.· 1980-08-26
  The court held that the appellant failed to exhaust state remedies because he did not file the required affidavit of error to pursue his appeal in state court.
• Watkins v. Thomas
  623 F.2d 387· 5th Cir.· 1980-08-07
  The court held that pardoned federal convictions could be used for impeachment, sentencing enhancement, and denial of probation in state court proceedings.
• Mosby v. Mabry
  625 F.2d 809· 8th Cir.· 1980-07-18
  The court held that improper extradition does not impair a court's power to try a person, and credibility issues regarding a confession do not constitute error.
• Strong v. Louie L. Wainwright
  385 So. 2d 169· Fla. 1st DCA· 1980-06-30
  Habeas corpus petition challenging prison disciplinary proceeding was partially granted because the prisoner was not provided a written statement of evidence and reasons for discipline, as required by due process.
• Whittington v. Bray
  623 F.2d 681· 10th Cir.· 1980-06-18
  The court held that the Governor of Colorado could delegate the authority to review extradition documents, and federal courts are limited in reviewing state court decisions on such matters.
• Fla. Parole & Prob. Comm'n v. Turner
  384 So. 2d 297· Fla. 4th DCA· 1980-06-11
  The Florida Parole and Probation Commission appealed a trial court's grant of habeas corpus to Willie Edd Turner, who had been held pending parole revocation proceedings without counsel at a preliminary hearing. The appeal became moot when Turner's parole was subsequently revoked
• Country v. Parratt
  623 F.2d 51· 8th Cir.· 1980-05-30
  The court affirmed the denial of the writ of habeas corpus, finding the appellant's plea and sentence were valid.
• Hayes v. Bordenkircher
  621 F.2d 846· 6th Cir.· 1980-05-29 ·via Habeas Corpus Relief
  The court held that the application of Kentucky's repealed recidivist statute to impose a mandatory life sentence for a third felony conviction did not constitute cruel and unusual punishment under the Eighth Amendment, following Supreme Court precedent.
• Piedad Alvarez Rodriguez v. Sandstrom
  382 So. 2d 778· Fla. 3d DCA· 1980-04-08 ·via Writ Of Habeas Corpus
  A circuit court lacks the authority to hold a material witness in jail in lieu of bail for a state attorney investigation when no criminal charges are pending before the court.
• Smith v. Jiro J. Enomoto
  615 F.2d 1251· 9th Cir.· 1980-03-31
  A pro se, incarcerated defendant is not automatically entitled to state-funded investigative services; they must demonstrate a specific need.
• Henson v. United States
  617 F.2d 510· 8th Cir.· 1980-03-21 ·via Writ Of Habeas Corpus
  The court affirmed the denial of the habeas corpus application, finding no merit to the petitioner's arguments regarding ineffective assistance of counsel.
• Van Woods v. Wyrick
  616 F.2d 1049· 8th Cir.· 1980-03-10
  The court held that a change in state law regarding double jeopardy necessitates remand for further consideration by the district court.
• Kehn v. McFAUL
  614 F.2d 1120· 6th Cir.· 1980-02-20
  The court held that the state courts' determination that juror misconduct did not violate the defendants' constitutional rights was not erroneous, and thus habeas corpus relief was properly denied.
• Sphaler v. Colman
  379 So. 2d 717· Fla. 5th DCA· 1980-02-13
  Gordon Sphaler petitioned for a writ of habeas corpus challenging his bail revocation following his 1979 conviction for aggravated assault, false imprisonment, and firearm possession by a convicted felon. The court rejected his argument that Florida's statute and rule denying bai
• Rogers v. Wainwright
  379 So. 2d 437· Fla. 1st DCA· 1980-02-04
  The court held that the petitioner was not entitled to gain time under both the former and amended statutes, as the amended statute did not violate the ex post facto clause.
• Moore v. Hoyt Cupp
  612 F.2d 466· 9th Cir.· 1980-01-28
  The court held that the destruction or loss of a preliminary hearing tape recording does not rise to constitutional dimensions, barring a habeas corpus petition.
• Gwinn v. Deane
  613 F.2d 1· 1st Cir.· 1980-01-15
  The appellate court held that an affirmance of a conviction by a state supreme court, even if based on different reasoning than the trial court, does not constitute double jeopardy.
• Wood v. Zahradnick
  611 F.2d 1383· 4th Cir.· 1980-01-11
  The court held that the Commonwealth failed to prove the ineffective assistance of counsel was harmless error, but erred in ruling that the passage of time prevented a retrial.
• State v. Matera
  378 So. 2d 1283· Fla. 3d DCA· 1979-12-28 ·via Writ Of Habeas Corpus
  Florida appeals a circuit court's order vacating a defendant's 1967 robbery conviction. The court reversed the vacation order, holding that the trial court improperly denied the State its right to appeal by accepting a nolo contendere plea and resentencing the defendant in the sa
• Hurshel Ross Dodd v. Fla. Parole & Prob. Comm'n
  378 So. 2d 309· Fla. 1st DCA· 1979-12-17 ·via Writ Of Habeas Corpus
  The court held that the petitioner's failure to exhaust administrative remedies precluded mandamus relief, and habeas corpus relief was inappropriate as the present detention was lawful.
• Loving v. State
  379 So. 2d 968· Fla. 1st DCA· 1979-12-06
  Jack Lee Loving challenged his conviction and an eight-year state prison sentence imposed pursuant to a federal habeas corpus order for resentencing, arguing the sentence should run concurrently with his federal sentence or that he should be allowed to withdraw his guilty plea. T
• Agee v. Wyrick
  610 F.2d 498· 8th Cir.· 1979-11-29
  The court should grant relief from an unconstitutionally enhanced sentence due to prosecutorial misconduct and ineffective assistance of counsel.
• Sennett v. Sheriff OF Fairfax Cnty.
  608 F.2d 537· 4th Cir.· 1979-11-09
  The Commonwealth's refusal to disclose the identities of two potential witnesses, whose testimony could have discredited a key prosecution witness, violated the defendant's right to a fair trial.
• Carmelo Canet v. Turner
  606 F.2d 89· 5th Cir.· 1979-11-07
  The court held that a claim regarding an illegal sentence, based on a recent Florida Supreme Court ruling, was not exhausted and must be remanded for state court consideration. Other claims were affirmed.
• Zygadlo v. Wainwright
  49 Fla. Supp. 153· Bradford Cty. Cir. Ct.· 1979-09-28
  A prison inmate challenges the loss of 180 days of gain time based on a disciplinary finding of "inciting a strike." The court grants the habeas corpus petition, finding that the disciplinary charge did not adequately support the specific offense of inciting a strike, as the char
• Brown v. State
  375 So. 2d 66· Fla. 2d DCA· 1979-09-28
  Inmate Brown challenged the summary denial of his habeas corpus petition challenging prison disciplinary proceedings that resulted in the loss of gain time. The court held that the circuit court had jurisdiction to consider his habeas corpus petition despite the availability of a
• Francis v. State OF Md. & Dr. Harold M. Boslow
  605 F.2d 747· 4th Cir.· 1979-09-19
  The court held that the statutory scheme under which the appellant was convicted did not violate his Fourteenth Amendment right of equal protection, as territorial distinctions in juvenile jurisdiction served a rational state interest.
• Clennie H. Saylor v. Overberg
  608 F.2d 670· 6th Cir.· 1979-09-14
  The court held that the petitioner's claim of insufficient evidence was not grounds for habeas relief under the applicable standard, and other claims were properly dismissed.
• Williams v. State
  375 So. 2d 586· Fla. 5th DCA· 1979-08-29
  The court remanded for a hearing to determine whether the defendant was improperly induced to plead guilty by a promise that his state sentence would run concurrently with his federal sentence, which the federal government could not honor.
• Pvt. Robert Kenneth Bonnet v. Lt. Col. E. Byers
  603 F.2d 85· 9th Cir.· 1979-08-23
  The court held that the appeal is moot because the petitioner has been assigned to an occupational field consistent with his contractual understanding, rendering the issue of the alleged breach of contract moot.
• Patty v. Bordenkircher
  603 F.2d 587· 6th Cir.· 1979-08-16
  The court held that compelling a defendant to testify about prior convictions and denying the right to closing argument in a habitual criminal trial violate the Fifth and Sixth Amendments, respectively, and such violations are not subject to harmless error analysis.
• Markham v. Pitchess
  605 F.2d 436· 9th Cir.· 1979-08-07 ·via Habeas Corpus Relief
  The court held that the amended extradition treaty applies to offenses committed before its effective date if the extradition proceedings commenced after the amendment's effective date.
• Collins v. Turner
  599 F.2d 657· 5th Cir.· 1979-07-26
  The court held that the denial of a preliminary probation revocation hearing does not warrant habeas corpus relief when a subsequent full evidentiary hearing was constitutionally adequate.
• Baird v. Baird
  374 So. 2d 60· Fla. 3d DCA· 1979-07-24
  A Florida court exercised jurisdiction over a child custody matter under the Uniform Child Custody Jurisdiction Act, modifying an Arizona custody decree despite the father's contentions that Arizona retained continuing jurisdiction. The court affirmed that Florida properly assume
• Wood v. State
  375 So. 2d 10· Fla. 1st DCA· 1979-07-10 ·via Habeas Corpus Petition
• United States ex rel. Samuel Miller v. Louie L. Wainwright
  598 F.2d 431· 5th Cir.· 1979-07-06
  The court held that a habeas corpus petition containing both exhausted and unexhausted claims must be dismissed without prejudice for failure to exhaust state remedies.
• O'Kelley v. State OF N.C.
  606 F.2d 56· 4th Cir.· 1979-06-29
  The court held that while a new sentencing hearing was warranted due to potential conflict of interest regarding a shotgun, the petitioner was not denied effective assistance of counsel or a fair trial regarding his conviction.