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

• 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.
• Faulk v. Mabry
  600 F.2d 172· 8th Cir.· 1979-06-15
  The dismissal of a direct appeal by the United States Supreme Court for want of a substantial federal question operates as an adjudication on the merits, precluding relitigation of the same issues in a federal habeas corpus proceeding.
• Cornell Jones v. Perini
  599 F.2d 129· 6th Cir.· 1979-05-23
  The court held that the evidence presented at trial was sufficient to support the jury's verdict of guilt beyond a reasonable doubt.
• United States ex rel. Emanuel Pedrosa v. Allyn Sielaff
  598 F.2d 1064· 7th Cir.· 1979-04-26
  The court held that the 1972 transfer statute was not unconstitutional as applied, and applying the amended statute to the petitioner did not constitute an ex post facto violation.
• Turner v. Louie L. Wainwright
  594 F.2d 43· 5th Cir.· 1979-03-27
• Loal Junior Joiner v. Wyrick
  591 F.2d 65· 8th Cir.· 1979-03-16
  The court held that the state trial court's admission of the appellant's statements, made after proper Miranda warnings and voluntary waiver, and the admission of his cousin's statements as adoptive admissions, did not constitute constitutional error.
• Turner v. Wyrick
  594 F.2d 1207· 8th Cir.· 1979-03-08
  The court held that the state has no obligation to investigate to identify or locate a participant in a crime if it has already disclosed all information in its possession and has no reasonable leads.
• United States ex rel. John Sullivan v. Cuyler
  593 F.2d 512· 3d Cir.· 1979-02-14
  The dissenting judge argues that the panel erred in finding a Sixth Amendment violation based on dual representation without requiring a showing of actual prejudice and without sufficient state action.
• Abdul v. Stoney R. Lane
  588 F.2d 1178· 6th Cir.· 1978-12-28
  The court held that the district court's findings of fact, which concluded there was no substantial disparity or purposeful discrimination in the selection of grand jurors, were not clearly erroneous and were supported by substantial evidence.
• Carlton Varnes v. Louie L. Wainwright
  365 So. 2d 453· Fla. 1st DCA· 1978-12-20
  Varnes sought habeas corpus relief to compel the clerk to docket his notice of appeal from a Rule 3.850 motion denial without payment of filing fees. The court held that Florida appellate courts have internal rules waiving fees for appeals arising from criminal convictions, and t
• Adams v. Sampson
  588 F.2d 317· 1st Cir.· 1978-12-18
  The court held that the district court erred in vacating the state convictions, finding sufficient evidence of notice of the injunction and rejecting the 'invited contempt' argument.
• Elbert R. Smith v. Louie L. Wainwright
  371 So. 2d 119· Fla. 1st DCA· 1978-11-21
  Florida appellate court affirmed summary denial of habeas corpus petition challenging revocation of gain-time credits under Fla. Stat. § 944.28(1), finding the petition's allegations too conclusory to raise constitutional questions.
• State ex rel. Krasner v. Sanstrom
  48 Fla. Supp. 107· Dade Cty. Cir. Ct.· 1978-10-12
  The court held that the extradition papers were insufficient because the indictment and affidavits did not meet the requirements of Florida Statutes 941.03 and 941.06.
• Himelstein v. Himelstein
  48 Fla. Supp. 127· Palm Beach Cty. Cir. Ct.· 1978-10-11 ·via Habeas Corpus Petition
  The court addressed an urgent situation regarding the temporary custody of a child whose parents were divorced in Connecticut, with the father having removed the child to Florida.
• Jones v. The State OF Md. & her agents the Honorable Frank E. Cicone
  584 F.2d 663· 4th Cir.· 1978-10-04 ·via Writ Of Habeas Corpus
  The court held that the plaintiff failed to state a claim upon which relief could be granted because the amended complaint did not allege perjury or conspiracy to commit perjury by the police officers.
• Fabritz v. Traurig
  583 F.2d 697· 4th Cir.· 1978-09-28
  The evidence presented at trial was sufficient to support a finding that the mother violated the statute by knowingly withholding medical assistance, leading to her child's death.
• Prophet v. Duckworth
  580 F.2d 926· 7th Cir.· 1978-08-11
  The introduction of an uncounseled prior conviction, even for impeachment, is constitutional error, but such error can be harmless beyond a reasonable doubt if the jury would have convicted regardless of the evidence.
• Staten v. State OF Ala.
  576 F.2d 654· 5th Cir.· 1978-07-14
  The court held that the federal district court erred in granting a writ of habeas corpus because the petitioner failed to exhaust state remedies by not presenting the ineffective assistance of appellate counsel claim to a state court.
• Poulin v. Gunn
  589 F.2d 1024· 9th Cir.· 1978-06-22 ·via Federal Habeas Corpus
  The court held that the case must be remanded to determine if the cause and prejudice test from Wainwright v. Sykes can be met.
• Devold v. Blackburn
  574 F.2d 1361· 5th Cir.· 1978-06-16
  The court held that the petitioner's guilty plea was voluntary and intelligently entered, and that his counsel provided effective assistance.
• Duffy v. Cuyler
  581 F.2d 1059· 3d Cir.· 1978-06-12
  The dissenting judge would hold that a defendant must be informed of the maximum sentence to which they are subject as a constitutional prerequisite for a knowing and voluntary waiver of rights in a nolo contendere plea.
• von Atkinson v. Smith
  575 F.2d 819· 10th Cir.· 1978-05-12
  A defendant cannot be sentenced for a crime with which they were not charged and to which they did not plead guilty, even if the sentence is less than for the charged offense.
• Rollins v. Wyrick
  574 F.2d 420· 8th Cir.· 1978-04-11
  The denial of a motion for continuance did not violate a defendant's constitutional right to a fair and impartial jury, even with pretrial publicity and a coinciding referendum, because the record did not show prejudice.
• McALLISTER v. Garrison
  569 F.2d 813· 4th Cir.· 1978-01-25
  A defendant is not entitled to a free transcript of a prior, unrelated trial for a distinct offense unless they make a reasonable showing of its value to the current defense.
• Howell v. Thomas
  566 F.2d 469· 5th Cir.· 1978-01-16 ·via Federal Habeas Corpus
  The court held that the appellant's contentions were insufficient to justify relief in federal court, affirming the denial of his petition.
• Schmunk v. State of Fla. ex rel. Ray Sandstrom
  353 So. 2d 907· Fla. 4th DCA· 1977-12-28 ·via Habeas Corpus Jurisdiction
• Hutchings v. Estelle
  564 F.2d 713· 5th Cir.· 1977-12-12
  The court held that an acquittal on a burglary charge does not collaterally estop a subsequent prosecution for theft of guns, even if committed during the same transaction, if the issues decided in each trial are distinct.
• Meadows v. A. M. (Slim) Gabrel
  563 F.2d 1231· 5th Cir.· 1977-12-01
  The court held that the district court erred in dismissing the Section 1983 claims solely on the grounds that they fell within the core of habeas corpus.
• Morrison v. Jones
  565 F.2d 272· 4th Cir.· 1977-10-31 ·via Habeas Corpus Petition
  The court held that a prisoner's claim for a speedy trial violation under the Sixth Amendment is precluded if there is no showing of prejudice and the prisoner failed to assert his right.
• Curtis v. State
  350 So. 2d 1142· Fla. 1st DCA· 1977-10-24
• McNAMARA v. Riddle
  563 F.2d 125· 4th Cir.· 1977-10-13
  The court held that a state prisoner's habeas petitions were properly dismissed because he failed to demonstrate constitutional error regarding competency or the right to self-representation.
• State of Fla. ex rel. Jerry Solano Lewis v. Sandstrom
  350 So. 2d 1112· Fla. 3d DCA· 1977-10-12
  Lewis filed a habeas corpus petition challenging a resentencing that eliminated his jail time credit, arguing credit for time served is mandatory under Florida law. The court dismissed the petition as moot, finding the trial court lacked jurisdiction to modify the original lawful
• Parker v. Estelle
  558 F.2d 312· 5th Cir.· 1977-08-29
  The court held that a prior panel's factual finding that the jury considered the defendant's pre-trial hospitalization time when sentencing was fully and fairly litigated, barring a subsequent habeas corpus petition on the same grounds.
• Bradley v. Cowan
  561 F.2d 1213· 6th Cir.· 1977-08-24
  The court held that the warrantless search of the hotel room violated the Fourth Amendment, but the admission of the seized evidence was harmless error beyond a reasonable doubt due to other strong evidence of guilt.
• Clark v. Vermillion
  558 F.2d 891· 8th Cir.· 1977-07-15
  The court held that the petitioner's due process claim regarding his probation revocation proceedings has been mooted by a new sentence and term of probation.
• Mauney v. Garrison
  558 F.2d 214· 4th Cir.· 1977-06-30
  A probation violation warrant issued within the probationary period may be executed after the period expires if the delay is due to serving an intervening sentence.
• Hazel v. Carlson
  557 F.2d 50· 2d Cir.· 1977-06-21
  The court held that the record was insufficient to evaluate the appellant's claims regarding his transfer and the availability of treatment.
• McDONALD v. Hon. David Headrick
  554 F.2d 253· 5th Cir.· 1977-06-20 ·via Habeas Corpus Relief
  The court held that the conviction was not totally devoid of evidentiary support, as Alabama law interprets the bribery statute to include unilateral offers to accept bribes.
• Speck v. Auger
  558 F.2d 394· 8th Cir.· 1977-06-09
  The court held that the Iowa juvenile transfer statute, as interpreted by the Iowa Supreme Court, is not unconstitutionally vague because it allows for consideration of specific factors and provides flexibility without permitting arbitrary decisions.
• Paxton v. Louie L. Wainwright
  349 So. 2d 177· Fla. 1st DCA· 1977-05-26
  Frederick Paxton sought a belated appeal via habeas corpus from his 1974 convictions for robbery and resisting an officer with violence, arguing that his prior appeal was decided without reaching the merits because no assignments of error were properly filed. The appellate court
• Salkay v. Louie L. Wainwright
  552 F.2d 151· 5th Cir.· 1977-05-16
  The court held that a nolo contendere plea does not waive the right to assert ineffective assistance of counsel claims in habeas proceedings, and that an evidentiary hearing is required when the record is insufficient to determine the terms of a plea agreement and whether it was
• Gamble v. Estelle
  551 F.2d 654· 5th Cir.· 1977-04-29
  The court held that the magistrate applied the correct standard in denying the habeas corpus petition, as jury sentencing is not subject to the same vindictiveness restrictions as judicial sentencing.
• Degler v. Hutto
  553 F.2d 49· 8th Cir.· 1977-04-19
  The court held that the petitioner was properly charged under the law in effect at the time of the offense, even though a new statute had been passed but was not yet effective.
• Cancler v. Maggio
  550 F.2d 1034· 5th Cir.· 1977-04-14
  The court held that the admission of evidence regarding an extraneous similar offense, even if improper, did not violate fundamental fairness and constituted harmless error beyond a reasonable doubt.
• James v. Rodriguez
  553 F.2d 59· 10th Cir.· 1977-04-12
  The court held that the tactical filing of a habitual criminal charge after an appeal and reversal of a conviction, without justification, constitutes a violation of the due process clause.
• Miller v. People OF the State OF Cal.
  551 F.2d 1168· 9th Cir.· 1977-04-11
  The court held that the district court was correct in dismissing the petition for habeas corpus.
• Carrell Dennis Ford v. Wainwright
  549 F.2d 981· 5th Cir.· 1977-03-30
  The court held that a new parole revocation hearing, with appointed counsel, is the appropriate remedy for denial of procedural due process, not outright release.
• Elvin Brickhouse, Jr. v. Zahradnick
  553 F.2d 340· 4th Cir.· 1977-03-28
  A defendant's waiver of a jury trial is not rendered involuntary by a subsequent judicial decision that would have altered their calculus at the time of the waiver.
• Fulford v. State
  343 So. 2d 917· Fla. 3d DCA· 1977-03-15
  The court held that a new trial is not warranted due to the extreme passage of time since the original conviction.
• Carmical v. Craven
  547 F.2d 1380· 9th Cir.· 1977-02-16
  The court held that the petitioners failed to make a prima facie showing that the jury selection test resulted in unconstitutional discrimination based on race or financial condition.