Habeas Corpus

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

• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Hall v. Louie L. Wainwright
  805 F.2d 945· 11th Cir.· 1986-11-17 ·cited 22×
  The court held that the defendant's absence from non-critical stages of his trial was harmless error and that he deliberately bypassed his ineffective assistance of counsel claim in state court.
• McCOY v. Louie L. Wainwright
  804 F.2d 1196· 11th Cir.· 1986-11-03 ·cited 22×
  The court held that the appellant is entitled to an evidentiary hearing to determine whether his counsel was ineffective.
• Johnson v. O.L. McCOTTER
  803 F.2d 830· 5th Cir.· 1986-10-31 ·cited 22×
  The court held that although the district court erred in failing to provide notice regarding dismissal for abuse of the writ, the error was harmless because the petitioner's claims lacked merit and he had waived his right to self-representation.
• Whitley v. Bair
  802 F.2d 1487· 4th Cir.· 1986-10-06 ·cited 22×
  The court affirmed the district court's dismissal of the habeas corpus petition, finding that the appellant's claims were procedurally defaulted and that any alleged ineffective assistance of counsel did not result in prejudice.
• Vito Matarese v. LeFEVRE
  801 F.2d 98· 2d Cir.· 1986-09-12 ·cited 22×
  The court held that it lacked jurisdiction to review the original habeas corpus judgment due to an untimely notice of appeal, but it had jurisdiction to review the denial of the Rule 60(b)(6) motion.
• Felde v. Blackburn
  795 F.2d 400· 5th Cir.· 1986-07-21 ·cited 22×
  The court held that the record was insufficient to determine if the state court's finding of competency was supported, requiring a remand for further proceedings. Other claims were rejected.
• United States ex rel. Daniel J. Kleba v. McGINNIS
  796 F.2d 947· 7th Cir.· 1986-07-21 ·cited 22×
  The court held that summary judgment should not have been granted on the claim that Kleba was denied effective assistance of counsel due to his counsel's failure to investigate the whereabouts of an alibi witness.
• United States ex rel. Leroy Smith, Jr. v. Lane
  794 F.2d 287· 7th Cir.· 1986-06-24 ·cited 22×
  The court held that the petitioner failed to demonstrate prejudice from the denial of a continuance, and therefore, his claim of court-induced ineffective assistance of counsel failed.
• Brogdon v. Blackburn
  790 F.2d 1164· 5th Cir.· 1986-05-30 ·cited 22×
  The court held that Brogdon's claims for relief were without merit, denying his request for a certificate of probable cause and vacating the stay of execution.
• Groseclose v. Dutton
  788 F.2d 356· 6th Cir.· 1986-04-14 ·cited 22×
  The court held that the district court's order requiring the submission of a remedial plan for unconstitutional prison conditions was neither a final judgment nor an appealable injunction, thus lacking appellate jurisdiction.
• Tatum v. Christensen
  786 F.2d 959· 9th Cir.· 1986-04-08 ·cited 22×
  The court held that parole does not automatically terminate after five years and that the Parole Commission had the authority to extend supervision. The court also affirmed the dismissal of claims for failure to exhaust administrative remedies.
• Mann v. State
  482 So. 2d 1360· Fla.· 1986-02-01 ·cited 22×
  The Florida Supreme Court denied a convicted murderer's requests for relief from his death sentence, including a motion for post-conviction relief and a petition for habeas corpus. The court found no merit in his claims of ineffective trial counsel or prosecutorial misconduct, an
• Young v. Herring
  777 F.2d 198· 5th Cir.· 1985-11-26 ·cited 22×
  The court held that the defendant's procedural default in failing to raise a timely objection to the identification testimony under Mississippi law barred federal habeas review, and that the evidence was otherwise sufficient to support the conviction.
• Darden v. State
  475 So. 2d 214· Fla.· 1985-08-29 ·cited 22×
  William Jasper Darden petitioned for a writ of habeas corpus challenging his conviction and death sentence on grounds of ineffective assistance of appellate counsel. The Florida Supreme Court denied the petition, holding that Darden failed to demonstrate that his appellate counse
• Tyronne Lindsey v. King
  769 F.2d 1034· 5th Cir.· 1985-08-13 ·cited 22×
  The court held that the prosecutor's failure to disclose a witness's prior statement, which indicated he could not identify the perpetrator, constituted a Brady violation because the statement was material to the defense.
• Briggs v. Procunier
  764 F.2d 368· 5th Cir.· 1985-07-01 ·cited 22×
  The court held that retrying a defendant as a habitual offender after the state voluntarily dismissed the enhancement counts in the first trial violates the Double Jeopardy Clause.
• Price v. Louie L. Wainwright and Jim Smith
  759 F.2d 1549· 11th Cir.· 1985-05-13 ·cited 22×
  The court held that the petitioner failed to prove by a preponderance of the evidence that he was incompetent to plead guilty, and his plea was not rendered involuntary by medication.
• Stokes v. Procunier
  744 F.2d 475· 5th Cir.· 1984-10-22 ·cited 22×
  The court held that the enhanced sentence was improper due to insufficient evidence regarding the timing of prior convictions, but affirmed the denial of relief on other grounds.
• Crockett Stevens v. Bordenkircher
  746 F.2d 342· 6th Cir.· 1984-10-18 ·cited 22×
  The court held that the trial court's restriction of cross-examination regarding a key witness's bias and the improper admission of a death certificate violated the Sixth Amendment's Confrontation Clause.
• United States ex rel. Gilbert Crist v. Lane
  745 F.2d 476· 7th Cir.· 1984-10-01 ·cited 22×
  The court held that the district court erred in granting the writ of habeas corpus because the petitioner waived his Fifth Amendment claim by failing to present it to the state court and that the prosecutor's comments, even if improper, did not deprive the petitioner of a fair tr
• Crawford Bullock, Jr. v. Lucas
  743 F.2d 244· 5th Cir.· 1984-09-21 ·cited 22×
  The court held that the death sentence was constitutionally infirm because the jury instructions allowed for its imposition without a specific finding that the defendant killed, attempted to kill, or intended to kill, as required by Enmund v. Florida.
• Linwood E. Briley v. Bass
  742 F.2d 155· 4th Cir.· 1984-08-23 ·cited 22×
  The court held that a defendant cannot impeach a witness by selectively revealing only part of a plea bargain, as the prosecution is entitled to present the entire agreement to avoid misleading the jury.
• Sandstrom v. Butterworth
  738 F.2d 1200· 11th Cir.· 1984-08-13 ·cited 22×
  The majority found that Sandstrom's federal constitutional claim regarding judicial disqualification was exhausted in state courts, but the dissenting judge disagreed.
• United States ex rel. Melvin H. Sullivan v. Fairman
  731 F.2d 450· 7th Cir.· 1984-04-09 ·cited 22×
  The court held that the petitioner forfeited his due process claims by failing to fairly present them to the state courts, but reversed and remanded the ineffective assistance of counsel claim for further proceedings.
• House v. Balkcom
  725 F.2d 608· 11th Cir.· 1984-02-13 ·cited 22×
  The court held that the petitioner was denied effective assistance of counsel at all stages of his trial due to counsel's pervasive failures in investigation, preparation, and strategy, warranting habeas corpus relief.
• United States ex rel. Larry Cosey v. Wolff
  727 F.2d 656· 7th Cir.· 1984-02-13 ·cited 22×
  The court affirmed the grant of a writ of habeas corpus, holding that the defendant was denied his constitutional right to effective assistance of counsel.
• Hickey v. Morris
  722 F.2d 543· 9th Cir.· 1983-12-23 ·cited 22×
  Washington's procedures for the commitment and release of insanity acquittees do not violate equal protection or due process rights, as the differences are substantially related to important governmental objectives and justifiable distinctions between the classes.
• Alpha Otis O'Daniel Stephens v. Kemp
  721 F.2d 1300· 11th Cir.· 1983-12-09 ·cited 22×
  The court held that the petitioner abused the writ by failing to present claims in prior petitions without adequate excuse, and thus denied his application for a stay of execution and certificate of probable cause.
• Farmer v. Prast
  721 F.2d 602· 7th Cir.· 1983-11-18 ·cited 22×
  The court held that a state prisoner seeking federal habeas corpus relief is barred by a state contemporaneous objection rule if they fail to show both cause for noncompliance and actual prejudice from the alleged constitutional error.
• Haygood v. Evelle J. Younger
  718 F.2d 1472· 9th Cir.· 1983-10-25 ·cited 22×
  Post-deprivation processes can satisfy the Fourteenth Amendment's due process requirement for liberty interests, and detention beyond a lawful term is not automatically cruel and unusual punishment under the Eighth Amendment.
• Fabian v. Reed
  714 F.2d 39· 5th Cir.· 1983-09-09 ·cited 22×
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, thus a certificate of probable cause should not be granted.
• Raulerson v. State
  437 So. 2d 1105· Fla.· 1983-09-01 ·cited 22×
  James David Raulerson, on death row, sought post-conviction relief and a writ of habeas corpus alleging ineffective assistance of counsel at his resentencing and on direct appeal. The Florida Supreme Court affirmed the denial of his motion and denied his petition for habeas corpu
• Gray v. Lucas
  463 U.S. 1237· U.S.· 1983-09-01 ·cited 22×
• Fields v. Wyrick
  706 F.2d 879· 8th Cir.· 1983-05-23 ·cited 22×
  The court held that the petitioner validly waived his Sixth Amendment right to counsel for the post-polygraph interrogation, rendering his incriminating statement voluntary and admissible.
• Fritz Whittington v. W.J. Estelle, Jr.
  704 F.2d 1418· 5th Cir.· 1983-05-20 ·cited 22×
  The court held that while the prosecutor's jury arguments were regrettable and bordered on impermissible conduct, they did not render the appellant's trial fundamentally unfair to a degree cognizable in a federal habeas corpus proceeding.
• Hopper v. United States Parole Comm'n
  702 F.2d 842· 9th Cir.· 1983-04-01 ·cited 22×
  The court held that the appellant's claims regarding credit for state custody time and timely parole revocation hearings were premature or lacked demonstrated prejudice, and that the Interstate Agreement on Detainers Act did not apply to parole violator warrants.
• Larsen v. Allyn R. Sielaff and Thomas R. Israel
  702 F.2d 116· 7th Cir.· 1983-03-15 ·cited 22×
  A prisoner's civil rights suit that results in a consent decree granting relief only available in habeas corpus is functionally a habeas corpus proceeding, and thus attorney's fees under 42 U.S.C. § 1988 are not available.
• Holcomb v. A.I. Murphy
  701 F.2d 1307· 10th Cir.· 1983-03-09 ·cited 22×
  The court held that issues not raised on direct appeal are cognizable in federal habeas corpus under the Fay v. Noia standard, and that the petitioner's remaining claims were without merit.
• Trussell v. W.J. Estelle, Jr.
  699 F.2d 256· 5th Cir.· 1983-03-04 ·cited 22×
  The court held that the trial court's exclusion of the police report, while potentially an error under state law, did not violate due process because the defendant was offered alternative means to present the exculpatory evidence, which he declined.
• Augustin Carbajol v. Fairman
  700 F.2d 397· 7th Cir.· 1983-02-22 ·cited 22×
  The court held that the exclusion of evidence regarding the victim's past violent acts did not violate the defendant's constitutional right to present a defense, as it did not so hamper his defense as to deny him a fair trial.
• Francois v. Klein
  431 So. 2d 165· Fla.· 1983-01-27 ·cited 22×
  The trial court erred in dismissing a Rule 3.850 motion for lack of jurisdiction due to a pending habeas corpus petition.
• Brooks v. W.J. Estelle, Jr.
  697 F.2d 586· 5th Cir.· 1982-12-06 ·cited 22×
  The court denied the application for a stay of execution because there was no substantial question concerning the correctness of the district court's judgment and the claims presented lacked merit.
• United States ex rel. Clarence Rivers v. Franzen
  692 F.2d 491· 7th Cir.· 1982-11-10 ·cited 22×
  The court held that the post-trial evidence of the petitioner's alleged incompetency did not retroactively render his trial unfair, and thus, the trial court was not constitutionally required to hold a post-trial competency hearing.
• Ardia v. McCREE
  689 F.2d 797· 8th Cir.· 1982-10-08 ·cited 22×
  The court held that the petitioner's video-taped statement was admissible because he initiated further communication with the police after invoking his right to counsel and knowingly and intelligently waived that right.
• Naranjo v. Ricketts
  696 F.2d 83· 10th Cir.· 1982-08-27 ·cited 22×
  A state's waiver of the exhaustion requirement in federal habeas corpus proceedings is not dispositive; federal courts must still ensure exhaustion to uphold comity and the state's role in enforcing federal law.
• United States ex rel. Monty Powell v. Irving
  684 F.2d 494· 7th Cir.· 1982-07-19 ·cited 22×
  State parole board officials are absolutely immune from 42 U.S.C. § 1983 damage actions for their official activities in processing parole applications.
• United States ex rel. James G. DiGIACOMO v. Franzen
  680 F.2d 515· 7th Cir.· 1982-06-14 ·cited 22×
  The admission of expert testimony regarding the statistical probability of hair samples belonging to the defendant did not violate due process, even if it caused jury confusion.
• Bergman v. Burton
  456 U.S. 953· U.S.· 1982-05-03 ·cited 22×
• United States ex rel. Alonzo Howard Jones v. Franzen
  676 F.2d 261· 7th Cir.· 1982-04-16 ·cited 22×
  The court held that the district court erred in dismissing the habeas corpus petition without reviewing the full state court record, as required by 28 U.S.C. § 2254(d)(8).