Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count

• Adamson v. Ricketts
  789 F.2d 722· 9th Cir.· 1986-05-09 ·cited 24×
  The majority's requirement of double jeopardy waiver is pointless and rests on incorrect assumptions about double jeopardy law when a plea bargain is breached.
• United States ex rel. Lawrence Smith v. Fairman
  769 F.2d 386· 7th Cir.· 1985-07-22 ·cited 24×
  The State's failure to disclose a police firearms worksheet indicating the gun was inoperable violated Brady v. Maryland, entitling the petitioner to habeas corpus relief.
• Nealy v. Cabana
  764 F.2d 1173· 5th Cir.· 1985-07-12 ·cited 24×
  The court held that the defendant's trial attorney's failure to investigate and secure testimony from potential alibi witnesses constituted ineffective assistance of counsel, prejudicing the defense.
• United States v. De Robertis
  755 F.2d 1279· 7th Cir.· 1985-02-20 ·cited 24×
  The court held that the prosecutor's improper comment on an unadmitted police report during closing arguments was sufficiently likely to have affected the trial's outcome, thus denying the defendant due process.
• Purnell v. Mo. Dep't OF Corr.
  753 F.2d 703· 8th Cir.· 1985-02-01 ·cited 24×
  The court should affirm the district court's dismissal for failure to exhaust state remedies, as the state's concession of exhaustion was based on a mistake and thus ineffective.
• Meeks v. Bergen
  749 F.2d 322· 6th Cir.· 1984-11-27 ·cited 24×
  The court held that the petitioner was denied effective assistance of counsel under the Sixth Amendment due to counsel's failure to investigate and present available witnesses and evidence, including the battered spouse syndrome defense.
• Clark v. Maggio
  737 F.2d 471· 5th Cir.· 1984-07-30 ·cited 24×
  The court held that the state judge's jury charge did not violate the accused's constitutional rights, and while the admission of a codefendant's statements violated the confrontation clause, it did not prejudice the defendant.
• Ford v. Strickland
  734 F.2d 538· 11th Cir.· 1984-05-30 ·cited 24×
  The court should affirm the district court's judgment denying the stay of execution and certificate of probable cause.
• Code v. Montgomery
  725 F.2d 1316· 11th Cir.· 1984-02-27 ·cited 24×
  The court held that the in-court identification was not impermissibly suggestive, but remanded the ineffective assistance of counsel claim for an evidentiary hearing due to unresolved factual issues.
• Javor v. United States
  724 F.2d 831· 9th Cir.· 1984-01-26 ·cited 24×
  The court should affirm the lower court's finding that the defendant did not demonstrate prejudice from counsel's alleged ineffectiveness.
• Crow v. Louie L. Wainwright
  720 F.2d 1224· 11th Cir.· 1983-12-02 ·cited 24×
  The Copyright Act preempts state laws regulating activities equivalent to exclusive rights granted by federal copyright law, rendering Crow's state conviction for dealing in stolen property (pirated tapes) void.
• Ramos v. Haig
  716 F.2d 471· 7th Cir.· 1983-09-02 ·cited 24×
  The court held that the government's long-term confinement of petitioners was substantially justified, thus denying their motion for attorney's fees under the Equal Access to Justice Act.
• Antone v. Strickland
  706 F.2d 1534· 11th Cir.· 1983-06-13 ·cited 24×
  The court affirmed the denial of habeas corpus relief, finding petitioner's claims without merit, but remanded to the district court to consider the effects of a pending Supreme Court decision.
• United States ex rel. v. J.W. Fairman
  707 F.2d 936· 7th Cir.· 1983-05-09 ·cited 24×
  The court affirmed the denial of habeas corpus, holding that the petitioner failed to exhaust his state remedies by not raising his Sixth Amendment claim in state court, and alternatively, that any error in excluding the witness's prior inconsistent statement was harmless.
• Campbell v. United States Parole Comm'n & Joseph S. Petrovsky. Appeal of United States Parole Comm'n
  704 F.2d 106· 3d Cir.· 1983-03-31 ·cited 24×
  The dissenting judge holds that the Parole Commission unlawfully punished the defendant for a murder charge that the state declined to prosecute, violating his constitutional rights and federalism principles.
• Nevail Mitchell v. Wyrick
  698 F.2d 940· 8th Cir.· 1983-01-31 ·cited 24×
  The court held that the lack of a complete transcript did not violate the petitioner's right to due process or a proper record for appeal, and that the district court did not err in denying the habeas petition without an evidentiary hearing.
• Jones v. W.J. Estelle, Jr.
  692 F.2d 380· 5th Cir.· 1982-11-29 ·cited 24×
  The court held that a petitioner must be given specific notice of a potential summary judgment and an opportunity to respond with factual support, but that the magistrate's show cause order satisfied these requirements in this case.
• Jackson v. Hoyt C. Cupp
  693 F.2d 867· 9th Cir.· 1982-11-29 ·cited 24×
  The state cannot concede exhaustion of remedies in federal habeas corpus proceedings; a prisoner's deliberate bypass of state remedies precludes federal review.
• Moorish Sci. Temple OF Am., Inc. v. Smith
  693 F.2d 987· 2d Cir.· 1982-11-26 ·cited 24×
  The court held that while some of petitioner's claims were unexhausted habeas corpus claims, his claims regarding denial of a Muslim diet and segregation without a hearing were cognizable under 42 U.S.C. § 1983 and should not have been dismissed sua sponte.
• Longval v. Meachum
  693 F.2d 236· 1st Cir.· 1982-11-24 ·cited 24×
  A trial judge's mid-trial remarks suggesting a substantial sentence if the defendant did not plead guilty created a reasonable apprehension of vindictiveness, violating due process.
• Marks v. Estelle
  691 F.2d 730· 5th Cir.· 1982-11-15 ·cited 24×
  The court held that a petitioner's delay in filing a habeas petition is excused until the right asserted in the petition legally exists, and the state must demonstrate prejudice occurring after that point. The court also held that ineffective assistance of counsel does not consti
• Butler v. Rose
  686 F.2d 1163· 6th Cir.· 1982-08-13 ·cited 24×
  The court should have found that prosecutorial statements commenting on the defendant's failure to testify were impermissible.
• Taylor v. Louie L. Wainwright
  418 So. 2d 1095· Fla. 5th DCA· 1982-08-06 ·cited 24×
  James Lamont Taylor petitioned for habeas corpus challenging the Florida Parole and Probation Commission's erroneous calculation of his presumptive parole release date. The court granted the writ, finding that the Commission misclassified Taylor's sexual battery offense at severi
• Wade v. Franzen
  678 F.2d 56· 7th Cir.· 1982-05-18 ·cited 24×
  The court held that the district court must review the trial record to determine if the defendant was denied effective assistance of counsel and whether any such error was harmless.
• Al Mancuso v. Harris
  677 F.2d 206· 2d Cir.· 1982-04-13 ·cited 24×
  The court held that the jury charge, when viewed in its entirety and in the context of the specific charges and defenses, did not impermissibly shift the burden of proof to the defendant regarding intent for the underlying felony.
• Daniels v. Maggio
  669 F.2d 1075· 5th Cir.· 1982-03-12 ·cited 24×
  The court held that the appellant failed to demonstrate prejudice from alleged trial counsel errors, and therefore, his petition for habeas corpus relief was correctly denied.
• Brown v. Cuyler
  669 F.2d 155· 3d Cir.· 1982-01-29 ·cited 24×
  The court held that the petitioner failed to exhaust state remedies by not fairly presenting the Miranda waiver issue to the state courts.
• Delk v. Atkinson
  665 F.2d 90· 6th Cir.· 1981-11-25 ·cited 24×
  A federal court may grant habeas corpus relief to prevent retrial if a state appellate court, despite finding evidence sufficient, reversed a conviction on other grounds, and the defendant raises a double jeopardy claim based on insufficiency.
• McGUINN v. Crist
  657 F.2d 1107· 9th Cir.· 1981-10-01 ·cited 24×
  The court held that the erroneous jury instruction regarding the presumption of intent was harmless error beyond a reasonable doubt because any reasonable juror would have found the defendant acted knowingly or purposely given the evidence.
• Seymour Styers v. Smith
  659 F.2d 293· 2d Cir.· 1981-09-10 ·cited 24×
  The court held that the identification procedures used were impermissibly suggestive and the resulting identifications were insufficiently reliable, mandating suppression of the in-court identification testimony.
• Grandberry v. Bonner
  653 F.2d 1010· 5th Cir.· 1981-08-20 ·cited 24×
  A mistrial declared abruptly and precipitously, without manifest necessity or careful consideration of alternatives, violates the Double Jeopardy Clause and bars retrial.
• Drake v. Wyrick
  640 F.2d 912· 8th Cir.· 1981-02-18 ·cited 24×
  The court affirmed the district court's denial of habeas corpus relief, finding that the petitioner's claims of newly discovered evidence, ineffective assistance of counsel, and a chilled right to testify were without merit or unexhausted.
• Gruttola v. Hammock
  639 F.2d 922· 2d Cir.· 1981-01-29 ·cited 24×
  The court affirmed the denial of habeas corpus, holding that the evidence was sufficient to support the conviction beyond a reasonable doubt and that the claim regarding prejudicial publicity was procedurally barred.
• Doyle Dewayne Courtney v. Reeves
  635 F.2d 326· 5th Cir.· 1981-01-09 ·cited 24×
  The court held that the district court erred in dismissing the plaintiff's civil rights claims without proper consideration of the factual allegations and procedural requirements, particularly regarding excessive force and conspiracy claims.
• United States ex rel. Robert Graham v. The United States Parole Comm'n
  629 F.2d 1040· 5th Cir.· 1980-11-03 ·cited 24×
  The court held that while the statutory claim regarding interim hearing scope was foreclosed by precedent, the ex post facto claim regarding the 'clearly exceptional circumstances' standard required further factual findings.
• Wilson v. Estelle
  625 F.2d 1158· 5th Cir.· 1980-09-15 ·cited 24×
  The admission of evidence of prior uncounseled misdemeanor convictions, where no imprisonment was imposed, is permissible and any error from a conviction where a short sentence was imposed was harmless.
• Vicaretti v. Henderson
  645 F.2d 100· 2d Cir.· 1980-07-21 ·cited 24×
  Appellate courts possess inherent discretion to limit issues on appeal when a certificate of probable cause is required, to manage caseloads while preserving access for valid grievances.
• Schuemann v. Colo. State Bd. OF Adult Parole
  624 F.2d 172· 10th Cir.· 1980-06-30 ·cited 24×
  The court held that the state parole board's denial of parole was not arbitrary or capricious and did not violate due process, thus affirming the denial of the habeas corpus petition.
• McINERNEY v. Berman
  621 F.2d 20· 1st Cir.· 1980-05-08 ·cited 24×
  The court held that the jury instructions regarding the inference of malice from the intentional use of a deadly weapon did not impermissibly shift the burden of proof to the defendant, thus not violating due process.
• Talamante v. Romero
  620 F.2d 784· 10th Cir.· 1980-05-05 ·cited 24×
  The court held that the district court properly denied the petition for a writ of habeas corpus, finding no constitutional error in the prosecution's actions regarding suppressed evidence, perjured testimony, or prosecutorial misconduct.
• Baker v. Muncy
  619 F.2d 327· 4th Cir.· 1980-04-24 ·cited 24×
  Jury instructions that created a mandatory presumption of premeditation unconstitutionally shifted the burden of proof from the State to the defendant, violating due process.
• Sawyer v. Sandstrom
  615 F.2d 311· 5th Cir.· 1980-04-10 ·cited 24×
  The Dade County loitering ordinance is unconstitutionally overbroad because it punishes mere association with individuals known to be engaged in illegal drug activity, thereby infringing upon First Amendment associational rights.
• Fasano v. Hall
  615 F.2d 555· 1st Cir.· 1980-02-21 ·cited 24×
  The court held that alleged violations of the Interstate Agreement on Detainers Act (IAD) are not cognizable under the federal habeas corpus statute (28 U.S.C. § 2254) unless they constitute a fundamental defect resulting in a complete miscarriage of justice.
• Gayle v. LeFEVRE
  613 F.2d 21· 2d Cir.· 1980-01-11 ·cited 24×
  The court held that the appellant failed to exhaust state remedies because federal constitutional claims were raised for the first time in federal court, not presented to the state courts.
• United States v. Wickham
  618 F.2d 1307· 9th Cir.· 1979-12-18 ·cited 24×
  The court held that the delay in the revocation hearing was not unreasonable or prejudicial, and the modification of the sentence did not violate the Double Jeopardy Clause or statutory authority.
• Willett v. State OF Ga.
  608 F.2d 538· 5th Cir.· 1979-12-17 ·cited 24×
  A guilty plea entered while protesting innocence is constitutionally invalid unless there is a factual basis for the plea, and the state court must develop facts to support it.
• Stanley v. Louie L. Wainwright
  604 F.2d 379· 5th Cir.· 1979-10-11 ·cited 24×
  The court held that the admission of the recorded conversation did not violate the appellants' Fifth Amendment rights, and affirmed the denial of the writ of habeas corpus.
• DuPREE v. United States
  606 F.2d 829· 8th Cir.· 1979-10-10 ·cited 24×
  The court held that the appellant's trial counsel provided effective assistance, meeting the standard of reasonable skills and diligence.
• Wynn v. Mahoney
  600 F.2d 448· 4th Cir.· 1979-06-29 ·cited 24×
  The court affirmed the grant of a writ of habeas corpus, holding that the jury instruction placing the burden of proving self-defense on the defendant violated the due process clause.
• Rhinehart v. Gunn
  598 F.2d 557· 9th Cir.· 1979-06-13 ·cited 24×
  The court held that a federal court must independently review the state court record when considering a state prisoner's habeas corpus petition on self-representation grounds.