Habeas Corpus

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

• Ellis v. Amos E. Reed
  596 F.2d 1195· 4th Cir.· 1979-04-25 ·cited 24×
  The court held that the rule prohibiting inquiry into a jury's numerical division, established in Brasfield v. United States, is a rule of judicial administration for federal courts and not a constitutional requirement applicable to state trials. Therefore, a state court's inquir
• McBRIDE v. Soos
  594 F.2d 610· 7th Cir.· 1979-02-22 ·cited 24×
  The court held that a complaint alleging abuse of the extradition power by noncompliance with applicable federal and state law states a cause of action under 42 U.S.C. § 1983.
• Gorham v. Louie L. Wainwright
  588 F.2d 178· 5th Cir.· 1979-01-22 ·cited 24×
  The court held that the Fourth Amendment claim was barred by Stone v. Powell and that the belated disclosure of FBI reports did not violate due process or Brady v. Maryland.
• Gully v. Kunzman
  592 F.2d 283· 6th Cir.· 1979-01-18 ·cited 24×
  The Court held that petitioners are not entitled to pre-trial habeas corpus relief on double jeopardy grounds because the Double Jeopardy Clause does not prohibit exposing them to the risk of a death sentence on retrial, even if the death penalty was not sought in the first trial
• Drayton v. Hon. John F. Hayes
  589 F.2d 117· 2d Cir.· 1979-01-02 ·cited 24×
  The court held that a second trial is not barred by double jeopardy unless the judge's conduct, which led to a mistrial, was motivated by bad faith or caused actual prejudice to the defendant.
• Clayton v. Blackburn
  578 F.2d 117· 5th Cir.· 1978-08-10 ·cited 24×
  The court held that the petitioner failed to demonstrate a constitutional violation regarding his guilty plea, and thus, a federal evidentiary hearing was not warranted.
• Lockett v. Blackburn
  571 F.2d 309· 5th Cir.· 1978-04-12 ·cited 24×
  The court held that the State's deliberate concealment of material witnesses constitutes a prima facie violation of the petitioner's due process rights, requiring an evidentiary hearing.
• Kaplan v. Bombard
  573 F.2d 708· 2d Cir.· 1978-02-15 ·cited 24×
  The court held that while joint representation is disfavored, the defendant did not suffer sufficient particularized prejudice to warrant a finding of unconstitutional denial of effective assistance of counsel.
• United States ex rel. John Hickey v. Jeffes
  571 F.2d 762· 3d Cir.· 1978-02-13 ·cited 24×
  The district court erred in dismissing the habeas petition on exhaustion grounds, as the issues were presented on direct appeal. One of Hickey's claims for habeas relief is meritorious.
• Suggs v. LaVALLEE
  570 F.2d 1092· 2d Cir.· 1978-01-27 ·cited 24×
  The court affirmed the lower court's decision to redetermine the issue of Suggs's competence at plea, finding ample support in the record.
• Lussier v. Gunter
  552 F.2d 385· 1st Cir.· 1977-03-31 ·cited 24×
  The court held that even if the prosecutor's comment on the defendant's silence was improper, it was rendered harmless beyond a reasonable doubt by the trial judge's thorough jury instructions on the defendant's right not to testify.
• Pierre v. United States
  547 F.2d 1281· 5th Cir.· 1977-03-07 ·cited 24×
  The court held that the 1967 Protocol Relating to the Status of Refugees did not substantively alter the existing U.S. immigration scheme, did not create new rights or entitlements for aliens, and did not invalidate INS procedures for determining refugee status.
• Sailer v. Gunn
  548 F.2d 271· 9th Cir.· 1977-01-06 ·cited 24×
  The court held that the state court was not required to hold a competency hearing for sentencing or probation revocation, nor was it required to allow withdrawal of a guilty plea after probation violation.
• United States ex rel. Samuel Saiken v. Bensinger
  546 F.2d 1292· 7th Cir.· 1976-12-06 ·cited 24×
  The court held that the Stone v. Powell doctrine applies to this case, and the goosehouse where the body was found was outside the Fourth Amendment's protected curtilage.
• United States ex rel. Andrew Perry v. Mulligan
  544 F.2d 674· 3d Cir.· 1976-11-05 ·cited 24×
  The court held that prosecutorial remarks during summation, when viewed in context and considering defense provocation, did not violate the defendant's Sixth Amendment right to counsel or deny due process, and thus habeas corpus was improperly granted.
• Clark James Redford v. Smith
  543 F.2d 726· 10th Cir.· 1976-09-09 ·cited 24×
  The court held that the district court properly denied leave to proceed in forma pauperis because Redford's habeas corpus claims were frivolous, and the district court's procedural compliance was substantially adequate.
• Caputo v. Henderson
  541 F.2d 979· 2d Cir.· 1976-09-03 ·cited 24×
  A guilty plea is constitutionally valid if the defendant was aware of the actual sentencing possibilities, and if not, whether accurate information would have made a difference in the decision to plead.
• Cunningham v. Estelle
  536 F.2d 82· 5th Cir.· 1976-07-29 ·cited 24×
  The court held that the appellant's claims regarding incompetent counsel, prejudicial pretrial publicity, and jury composition were procedurally barred or unsupported, thus denying habeas relief.
• McCUNE v. Estelle
  534 F.2d 611· 5th Cir.· 1976-07-01 ·cited 24×
  The court held that the appellant failed to allege facts sufficient to demonstrate he was mentally incompetent to stand trial in 1950.
• Seymour Kloner v. United States
  535 F.2d 730· 2d Cir.· 1976-05-10 ·cited 24×
  The court held that the guilty plea was valid under Rule 11, but the parole revocation was unconstitutional due to lack of notice for one of the grounds.
• Gomori v. Arnold
  533 F.2d 871· 3d Cir.· 1976-03-30 ·cited 24×
  The court held that a federal prisoner's challenge to the execution of his sentence, specifically the computation of his release date based on time served in state custody, is properly brought as a habeas corpus petition under 28 U.S.C. § 2241, not a motion to vacate sentence und
• McGEEHAN v. Louie L. Wainwright
  526 F.2d 397· 5th Cir.· 1976-01-26 ·cited 24×
  The court held that the warrantless search of the trailer was permissible due to exigent circumstances, and the evidence found was admissible.
• Barry v. United States
  528 F.2d 1094· 7th Cir.· 1976-01-13 ·cited 24×
  The court held that the judge's participation in the trial did not violate the mandatory disqualification statute or constitutional standards, and that the district court did not err in denying an evidentiary hearing or limiting discovery.
• Johnson v. Lou V. Brewer
  521 F.2d 556· 8th Cir.· 1975-08-08 ·cited 24×
  The court held that the refusal to permit extrinsic evidence of a witness-informer's conduct did not violate any constitutional right of the defendant.
• Downey v. Perini
  518 F.2d 1288· 6th Cir.· 1975-07-03 ·cited 24×
• Lamberti v. Louie L. Wainwright
  513 F.2d 277· 5th Cir.· 1975-05-22 ·cited 24×
  A federal court cannot grant habeas corpus relief on a claim that has not been fairly presented to the state courts, even if another claim in the petition has been exhausted.
• Moffett v. Louie L. Wainwright
  512 F.2d 496· 5th Cir.· 1975-04-30 ·cited 24×
  A confession obtained after an illegal arrest, without proper warnings or opportunity to consult counsel, is tainted and inadmissible as 'fruit of the poisonous tree'. Evidence seized during a warrantless search lacking clear and convincing proof of valid consent is also inadmiss
• Jackson v. Hutto
  508 F.2d 890· 8th Cir.· 1975-01-09 ·cited 24×
  Ex parte communications between a judge and jury are presumptively prejudicial but can constitute harmless error if the record shows no prejudice to the defendant.
• Flint v. Mullen
  499 F.2d 100· 1st Cir.· 1974-06-25 ·cited 24×
  The court held that a deferred sentence violation hearing, held before a criminal trial for the same incident, does not unconstitutionally compel a defendant to choose between waiving their Fifth Amendment right against self-incrimination or forfeiting their due process right to
• Grissom v. Louie L. Wainwright
  494 F.2d 30· 5th Cir.· 1974-05-20 ·cited 24×
  The court held that the trial court was not constitutionally required to hold a competency hearing because no evidence presented raised a bona fide doubt as to the defendant's competency to stand trial.
• Mayer v. Moeykens
  494 F.2d 855· 2d Cir.· 1974-03-27 ·cited 24×
  The court held that a conviction will not be reversed due to a denial of a pre-trial probable cause hearing if the denial has no bearing on the conviction itself. The court also affirmed that probable cause for an arrest can be established by the arresting officers' independent k
• Mosher v. Lavallee
  491 F.2d 1346· 2d Cir.· 1974-01-08 ·cited 24×
  The court held that a guilty plea induced by defense counsel's false assurance of a specific sentence, which the defendant reasonably believed, renders the plea involuntary and constitutes ineffective assistance of counsel.
• Simpson v. Louie L. Wainwright
  488 F.2d 494· 5th Cir.· 1973-11-27 ·cited 24×
  The court held that the district court erred in summarily dismissing all claims as an abuse of the Great Writ, but affirmed dismissal of one specific claim.
• Wilkins v. Erickson
  484 F.2d 969· 8th Cir.· 1973-09-26 ·cited 24×
  An order transferring a habeas corpus petition under 28 U.S.C. § 1404(a) is not appealable as of right, but may be reviewed by writ of mandamus if it involves an issue of law or abuse of discretion. The court held that a prisoner may bring a habeas corpus petition in the federal
• Will Allen Smith v. State OF Miss.
  478 F.2d 88· 5th Cir.· 1973-05-07 ·cited 24×
  The court held that the trial judge's declaration of a mistrial due to a juror's premature comment about the defendant's sanity, after a careful inquiry, was supported by manifest necessity and did not violate the petitioner's Fifth Amendment double jeopardy rights.
• Deats v. Rodriguez
  477 F.2d 1023· 10th Cir.· 1973-05-03 ·cited 24×
  The dissenting judge believes the accused waived his Fifth Amendment right by testifying and presenting an alibi, thus his pre-trial silence could be used for impeachment.
• Cottle v. Louie L. Wainwright
  477 F.2d 269· 5th Cir.· 1973-04-23 ·cited 24×
  The court held that Cottle was unconstitutionally denied counsel at his parole revocation hearing, but the issue of whether his second North Carolina conviction was unconstitutionally obtained due to indigency is not properly before the court on this record.
• Austin v. Erickson
  477 F.2d 620· 8th Cir.· 1973-04-20 ·cited 24×
  The court held that the joint representation of co-defendants by a single attorney created an actual conflict of interest that deprived the petitioner of her Sixth Amendment right to effective assistance of counsel.
• Farmer v. Caldwell
  476 F.2d 22· 5th Cir.· 1973-03-23 ·cited 24×
  The court held that the district court did not err in denying habeas corpus relief, as the petitioner's guilty pleas were voluntary and knowingly entered, and the state court proceedings were adequate.
• United States ex rel. Clay Thomas v. State OF NEW Jersey
  472 F.2d 735· 3d Cir.· 1973-01-23 ·cited 24×
  The district court had the power to order a state prisoner's release pending appeal from a habeas corpus grant, but lacked authority to direct state courts to fix bail or accept recognizance.
• Orricer v. Erickson
  471 F.2d 1204· 8th Cir.· 1973-01-12 ·cited 24×
  The court affirmed the district court's judgment, agreeing that the evidence was admissible.
• Broward Davis v. Louie L. Wainwright
  462 F.2d 1354· 5th Cir.· 1972-07-03 ·cited 24×
  The court held that a state prisoner is not entitled to federal habeas relief based on a claim that he was not advised of his right to a direct appeal after pleading guilty, but vacated the denial of relief concerning the use of invalid prior convictions in sentencing.
• United States ex rel. Charles Terry v. Henderson
  462 F.2d 1125· 2d Cir.· 1972-06-13 ·cited 24×
  The court held that a state prisoner's federal habeas corpus petition can be denied without a hearing if the prisoner deliberately bypassed state procedures for challenging the voluntariness of his confession, especially when counsel affirmatively used the confession at trial.
• Murray v. Louie L. Wainwright
  450 F.2d 465· 5th Cir.· 1971-10-28 ·cited 24×
  The court held that a six-year delay in prosecution, where the defendant was incarcerated and available to the state, constituted a denial of the right to a speedy trial, and the defendant demonstrated sufficient prejudice to shift the burden to the state.
• United States ex rel. Edwin Gockley v. Myers
  450 F.2d 232· 3d Cir.· 1971-09-20 ·cited 24×
  The court held that the petitioner failed to demonstrate that his arrest was illegal or that his statements were coerced, and therefore, he was not entitled to federal habeas corpus relief.
• Ernie Lee Buchanan v. Clark
  446 F.2d 1379· 5th Cir.· 1971-08-18 ·cited 24×
  The court held that a federal prisoner is not entitled to habeas corpus relief based on the Parole Board's denial of parole, as parole decisions are discretionary and there is no constitutional right to counsel at parole eligibility hearings.
• Tapia v. Rodriguez
  446 F.2d 410· 10th Cir.· 1971-08-16 ·cited 24×
  The court held that improper references to a "mug book" containing photographs of suspects, while not ideal, did not constitute plain error and did not deny the defendant due process, nor was his trial counsel ineffective.
• Wilwording v. Swenson
  439 F.2d 1331· 8th Cir.· 1971-03-16 ·cited 24×
  Prisoners must exhaust all available state judicial remedies, including mandamus, prohibition, and injunction, before seeking equitable relief in federal court for conditions of confinement, even if those conditions might be cognizable under federal habeas corpus.
• McGRIFF v. Louie L. Wainwright
  431 F.2d 897· 5th Cir.· 1970-09-03 ·cited 24×
  The court held that a prisoner is not entitled to habeas corpus relief for denial of a direct appeal if the failure to appeal was due to his own inaction or the misfeasance of privately retained counsel, not state action.
• Davis v. Smith
  430 F.2d 1256· 5th Cir.· 1970-08-05 ·cited 24×
  The court held that systematic exclusion of Negroes from grand and petit juries violated the Constitution, warranting habeas corpus relief, but that the search of the automobile was conducted with probable cause.