Habeas Corpus

18,781 Florida cases classified under this topic · sorted by citation count

• Whiteside v. Scurr
  744 F.2d 1323· 8th Cir.· 1984-09-19 ·cited 28×
  Defense counsel's threats to withdraw, inform the court of intended perjury, and testify against the client deprived the defendant of due process and effective assistance of counsel.
• State v. Henry
  456 So. 2d 466· Fla.· 1984-09-17 ·cited 28×
  The Florida Supreme Court denied James DuPree Henry's various petitions for post-conviction relief and habeas corpus, and granted the state's motion to vacate a stay of execution in a capital murder case. The court rejected Henry's claims of racial bias in sentencing, alleged pro
• Thad Richardson v. Lucas
  741 F.2d 753· 5th Cir.· 1984-09-14 ·cited 28×
  The court held that the trial court's refusal to instruct the jury that the defendant's failure to testify could not be considered unfavorably was harmless error beyond a reasonable doubt, and that the defendant knowingly and intelligently waived his right to counsel.
• Adams v. State
  456 So. 2d 888· Fla.· 1984-09-11 ·cited 28×
  The dissenting justice argued that the death penalty was improper and disproportionate given the mitigating circumstances and a questionable aggravating factor, and that a stay and remand were warranted for an evidentiary hearing on claims of ineffective assistance of counsel.
• Keeten v. Garrison
  742 F.2d 129· 4th Cir.· 1984-08-21 ·cited 28×
  A juror's uncertainty about imposing the death penalty does not automatically mean they are unable or unwilling to follow the law, and thus cannot be grounds for exclusion for cause.
• Ellis v. Black
  732 F.2d 650· 8th Cir.· 1984-04-24 ·cited 28×
  The court affirmed the denial of the habeas corpus petition, finding sufficient evidence to support the manslaughter conviction and no constitutional error in the admission of evidence or prosecutorial conduct.
• Walters v. Secretary OF Defense
  725 F.2d 107· D.C. Cir.· 1983-12-30 ·cited 28×
  The six-year statute of limitations in 28 U.S.C. § 2401(a) bars a civil action for declaratory and injunctive relief brought by a former servicemember seeking to upgrade a discharge, even if the relief sought is equitable.
• Smith v. Bordenkircher
  718 F.2d 1273· 4th Cir.· 1983-10-05 ·cited 28×
  The court should grant the writ of habeas corpus because the conviction was obtained through unconstitutional means.
• Alpha Otis O'Daniel Stephens v. Zant
  716 F.2d 276· 5th Cir.· 1983-09-19 ·cited 28×
  The court held that issues not presented to the district court cannot be considered on appeal, even if previously noted by an amicus brief.
• Pryor v. R.C. Marshall
  711 F.2d 63· 6th Cir.· 1983-07-08 ·cited 28×
  The court held that under the amended Federal Rules of Appellate Procedure 4(a), a late notice of appeal cannot serve as a substitute for a timely motion for an extension of time based on excusable neglect.
• Oguachuba v. Immigr. & Naturalization Serv. & Dale Thomas
  706 F.2d 93· 2d Cir.· 1983-04-22 ·cited 28×
  The court held that an alien's persistent evasion of immigration laws constitutes 'special circumstances' making an award of attorneys' fees under the EAJA unjust, even if the government's position on a specific detention issue was not substantially justified.
• Alabama v. Evans
  461 U.S. 230· U.S.· 1983-04-22 ·cited 28×
  The Court vacated the temporary stay entered by a district court judge, finding the claim presented was wholly without merit.
• Conway v. Anderson
  698 F.2d 282· 6th Cir.· 1983-01-21 ·cited 28×
  The court held that a jury instruction creating a mandatory presumption of intent, similar to that in Sandstrom v. Montana, was harmless error in this case because the evidence overwhelmingly demonstrated the perpetrators' intent.
• Alderman v. Austin
  695 F.2d 124· 5th Cir.· 1983-01-10 ·cited 28×
• Gutierrez v. Bertram S. Griggs
  695 F.2d 1195· 9th Cir.· 1983-01-07 ·cited 28×
  A district court may summarily dismiss a habeas petition without first resolving exhaustion if the petition is facially without merit as a matter of law.
• United States ex rel. Johnny Veal v. DeROBERTIS
  693 F.2d 642· 7th Cir.· 1982-11-17 ·cited 28×
  The court held that a hearing should not be held to determine if the petitioner can show cause and prejudice for failing to make an adequate offer of proof.
• Jackson v. Louie L. Wainwright
  421 So. 2d 1385· Fla.· 1982-10-07 ·cited 28×
  Jackson, a death row inmate, petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise four legal errors on direct appeal. The Florida Supreme Court found no substantial deficiency in appellate representation and denied the petitio
• Jones v. Norman Hess & the State of Okla.
  681 F.2d 688· 10th Cir.· 1982-06-01 ·cited 28×
  The court held that a federal habeas petition containing both exhausted and unexhausted claims must be dismissed in its entirety, requiring the petitioner to re-file with only exhausted claims or to exhaust the remaining claims.
• Davis v. Greer
  675 F.2d 141· 7th Cir.· 1982-04-08 ·cited 28×
  The court held that the trial court's refusal to give a voluntary manslaughter instruction was not a due process violation because there was insufficient evidence to support such a charge, and the jury's question about involuntary manslaughter was adequately answered by directing
• Maxwell v. Sumner
  673 F.2d 1031· 9th Cir.· 1982-02-25 ·cited 28×
  The court held that the state prisoner was not barred from federal habeas relief because the state courts denied his self-representation claim on the merits, not on a procedural default, and that the right to self-representation existed at the time of his trial, with his conduct
• Kines v. Butterworth
  669 F.2d 6· 1st Cir.· 1981-12-28 ·cited 28×
  The court held that the district court properly denied the habeas corpus petitions, finding no constitutional violations regarding witness interference or evidentiary rulings that fatally infected the trial.
• Odell Hargrow Hill v. Estelle
  653 F.2d 202· 5th Cir.· 1981-08-10 ·cited 28×
  A state prisoner's claim of illegal sentencing under a new penal code, absent prejudice, does not raise a federal constitutional issue cognizable in habeas corpus.
• Taylor v. Harris
  640 F.2d 1· 2d Cir.· 1981-01-23 ·cited 28×
  The court held that a federal habeas corpus claim is barred by procedural default if the petitioner failed to object to a jury instruction at trial and on appeal, absent a showing of cause and prejudice.
• Clark v. Blackburn
  632 F.2d 531· 5th Cir.· 1980-12-10 ·cited 28×
  The court held that the government's deliberate concealment of a material eyewitness, who later testified in a manner exculpating the petitioner, constituted a deprivation of due process that was not harmless beyond a reasonable doubt.
• Bercheny v. Johnson
  633 F.2d 473· 6th Cir.· 1980-10-22 ·cited 28×
  The court held that the state breached the plea agreement by failing to ensure a promised psychiatric evaluation, and the defendant did not waive his right to it.
• United States v. Valenzuela
  646 F.2d 352· 9th Cir.· 1980-10-06 ·cited 28×
  The court held that a life sentence without parole for a continuing criminal enterprise conviction does not violate the Eighth Amendment, and the statute's reference to parole is not unconstitutionally vague.
• Portley v. Grossman
  444 U.S. 1311· U.S.· 1980-02-01 ·cited 28×
  The Court denied the application for a stay of the Ninth Circuit's mandate, finding that the Parole Commission's use of updated guidelines did not violate the Ex Post Facto Clause.
• Davis v. Adult Parole Auth.
  610 F.2d 410· 6th Cir.· 1979-11-27 ·cited 28×
  The court held that the district court erred in applying Rule 9(a) as a strict statute of limitations, rather than as an invocation of the equitable doctrine of laches.
• Pelegrina v. United States
  601 F.2d 18· 1st Cir.· 1979-06-25 ·cited 28×
  The court held that recantations from a co-defendant and an informant, along with polygraph results, did not meet the standard for newly discovered evidence warranting a new trial because they would not likely produce an acquittal.
• Speigner v. Jago
  603 F.2d 1208· 6th Cir.· 1979-06-13 ·cited 28×
  A state court criminal conviction is unconstitutional under the Due Process Clause if it lacks any evidentiary support for a crucial element of the crime, and such a claim is reviewable in federal habeas corpus.
• Tifford v. Louie L. Wainwright
  588 F.2d 954· 5th Cir.· 1979-01-31 ·cited 28×
  The court held that the denial of Tifford's motion for severance violated due process, making his joint trial fundamentally unfair, and that the district court did not err in releasing Tifford.
• Norris v. Louie L. Wainwright
  588 F.2d 130· 5th Cir.· 1979-01-17 ·cited 28×
  The court held that a federal court is not required to grant a new evidentiary hearing in a habeas corpus case solely because the petitioner lacked counsel in the state court proceeding, and that a defendant is not entitled to appellate review unless they knowingly and intelligen
• Eusebia Fernandez v. Honorable Jose Trias Monge
  586 F.2d 848· 1st Cir.· 1978-09-28 ·cited 28×
  The court held that the Younger abstention doctrine did not bar the federal action because the plaintiff lacked an adequate remedy in the Commonwealth courts for his pretrial detention claim, and the denial of certiorari was not a decision on the merits.
• Cavett v. Ellis
  578 F.2d 567· 5th Cir.· 1978-08-17 ·cited 28×
  A federal court cannot entertain a suit under 42 U.S.C. § 1983 to attack the validity of a state criminal conviction when the sentence has been fully served and the petitioner is not in custody.
• Bittaker v. Enomoto
  587 F.2d 400· 9th Cir.· 1978-08-03 ·cited 28×
  The court held that the denial of a defendant's constitutional right to self-representation is automatically prejudicial and does not require a showing of specific harm.
• Rummel v. Estelle
  568 F.2d 1193· 5th Cir.· 1978-03-06 ·cited 28×
  The court granted a rehearing en banc, indicating a potential shift in precedent regarding the application of the Eighth Amendment to habitual offender statutes.
• Hill v. Wyrick
  570 F.2d 748· 8th Cir.· 1978-02-14 ·cited 28×
  A federal district court may dismiss a habeas corpus petition without examining the state court transcript if the petition, liberally construed, fails to allege facts indicating a constitutional violation.
• Strader v. Troy
  571 F.2d 1263· 4th Cir.· 1978-02-14 ·cited 28×
  The dissenting judge believes the majority incorrectly interpreted prior case law regarding the certainty required from a sentencing judge's certificate and improperly directed the North Carolina court to pass on the validity of Virginia convictions.
• Alton Moore, Jr. v. Cowan
  560 F.2d 1298· 6th Cir.· 1977-08-26 ·cited 28×
  The court held that life imprisonment without parole for rape does not violate the Eighth Amendment's prohibition against cruel and unusual punishment or the Fourteenth Amendment's equal protection guarantee, and that procedural issues raised were either properly handled by the t
• Hayton v. Egeler
  555 F.2d 599· 6th Cir.· 1977-05-31 ·cited 28×
  The prosecutor's cross-examination of the appellant regarding his post-arrest silence violated his constitutional rights.
• United States ex rel. Theodore Baker v. Finkbeiner
  551 F.2d 180· 7th Cir.· 1977-03-17 ·cited 28×
  The court held that the failure to inform a defendant of a mandatory parole term at the time of a guilty plea, when the plea was based on a specific sentence agreement, creates a defect of constitutional dimensions violating the Due Process Clause.
• Favis Clay Martin v. Estelle
  546 F.2d 177· 5th Cir.· 1977-01-31 ·cited 28×
  The court held that the state competency hearing was inadequate because it failed to address the correct legal standard and confused issues of criminal responsibility with competency to stand trial.
• United States ex rel. James v. Placek
  546 F.2d 1298· 7th Cir.· 1976-12-21 ·cited 28×
• Augustine Rivera Tisnado v. United States
  547 F.2d 452· 9th Cir.· 1976-11-03 ·cited 28×
  The court held that Stone v. Powell bars relitigation of Fourth Amendment claims in a § 2255 Tucker proceeding, and that the defendant's double jeopardy claim lacked merit.
• Boone v. Paderick
  541 F.2d 447· 4th Cir.· 1976-09-13 ·cited 28×
  The court held that the prosecutor's concealment of favorable treatment offered to a key accuser constitutes a denial of due process, requiring a new trial.
• Wright v. The State OF Tex.
  533 F.2d 185· 5th Cir.· 1976-06-09 ·cited 28×
  The court held that a defendant must affirmatively show prejudice from being seen in handcuffs by jurors, and that failure to object at trial waives the claim.
• Kelleher v. Henderson
  531 F.2d 78· 2d Cir.· 1976-02-18 ·cited 28×
  A guilty plea is not rendered involuntary or unintelligent under the Fourteenth Amendment solely because the defendant was unaware of the maximum possible sentence, if the record shows the defendant would have pleaded guilty regardless.
• Rivello v. Cooper City
  322 So. 2d 602· Fla. 4th DCA· 1975-11-21 ·cited 28×
  Wayne Rivello appealed the dismissal of his amended complaint against municipal judge John Harrington and the City of Cooper City, alleging negligence, false imprisonment, and malicious prosecution arising from the judge's revocation of his probation. The court affirmed the dismi
• United States ex rel. Harold Konigsberg v. Vincent
  526 F.2d 131· 2d Cir.· 1975-11-03 ·cited 28×
  The court held that the state judge's failure to explicitly warn the defendant of the consequences of self-representation did not constitute constitutional error under the specific circumstances of the case.
• Bonner v. Henderson
  517 F.2d 135· 5th Cir.· 1975-08-11 ·cited 28×
  The court held that the appellant's claims raised in his habeas petition did not warrant relief.