Habeas Corpus

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

• Nunez-Guardado v. Hadden
  722 F.2d 618· 10th Cir.· 1983-12-12 ·cited 18×
  The court held that the Parole Commission did not abuse its discretion or violate the appellant's rights by considering the deaths of 13 aliens when setting his parole date above the guidelines.
• In re the Petition of Edwin Grant Hamilton
  721 F.2d 1189· 9th Cir.· 1983-12-12 ·cited 18×
  The court held that a jury instruction creating a presumption of intent, unconstitutional under Sandstrom v. Montana, cannot be harmless error if criminal intent was a disputed issue at trial.
• Bialkin v. Baer
  719 F.2d 590· 2d Cir.· 1983-10-11 ·cited 18×
  The court held that the Parole Commission did not abuse its discretion in classifying the offense as 'low moderate' severity and in setting a release date beyond the guideline range, as its decisions were rational and supported by the record.
• Dunn v. Maggio
  712 F.2d 998· 5th Cir.· 1983-08-22 ·cited 18×
  The court held that the petitioner's guilty plea was knowing and voluntary, and the repeal of a statute concerning sentence commutation did not violate the ex post facto clause.
• Schindler v. Clerk OF Cir. Court
  715 F.2d 341· 7th Cir.· 1983-08-22 ·cited 18×
  A prior uncounseled civil forfeiture for OWI can be used to enhance a subsequent criminal penalty for OWI, as it serves to notify the offender of their status and the state's policy, rather than punishing the prior offense itself.
• Plunkett v. W.J. Estelle, Jr.
  709 F.2d 1004· 5th Cir.· 1983-07-22 ·cited 18×
  The majority erred by failing to give sufficient deference to the Texas Court of Criminal Appeals' findings regarding the jury charge and prosecutor's argument.
• Sockwell v. Maggio
  709 F.2d 341· 5th Cir.· 1983-07-11 ·cited 18×
  The court held that a pro se petitioner's claim of unawareness of new controlling law, like Edwards v. Arizona, can constitute a justifiable reason for filing a successive habeas petition, thus precluding dismissal for abuse of the writ.
• Gray v. Greer
  707 F.2d 965· 7th Cir.· 1983-05-25 ·cited 18×
  The court held that the Illinois Post-Conviction Hearing Act does not provide a meaningful remedy for the petitioner's claim of ineffective assistance of appellate counsel, thus satisfying the exhaustion requirement for federal habeas corpus review.
• O'Tuel v. J.E. Osborne
  706 F.2d 498· 4th Cir.· 1983-05-18 ·cited 18×
  A guilty plea induced by gross misinformation from counsel regarding parole eligibility, even if not the primary concern, renders the plea involuntary and violates the Sixth Amendment right to counsel.
• Silverstein v. Henderson
  706 F.2d 361· 2d Cir.· 1983-04-12 ·cited 18×
  The court held that a defendant's failure to raise incompetence on direct appeal does not bar federal habeas relief, as incompetence prevents a knowing waiver of rights. The trial court's failure to order a competency hearing despite conflicting psychiatric reports and other indi
• Schultz v. Louie L. Wainwright and Jim Smith
  701 F.2d 900· 11th Cir.· 1983-03-28 ·cited 18×
  The court held that a habeas petitioner must demonstrate actual and substantial disadvantage from counsel's ineffectiveness, which was not shown here.
• Pasquini v. Morris
  700 F.2d 658· 11th Cir.· 1983-03-17 ·cited 18×
  The court held that the Immigration and Naturalization Service's Internal Operating Instruction (O.I.) 103.1(a)(1)(ii) does not confer substantive rights on aliens seeking deferred action status, as it is for the convenience of the INS and lacks the force of law.
• Brook Randolph Reynolds v. McCALL
  701 F.2d 810· 9th Cir.· 1983-03-16 ·cited 18×
  The court held that the prisoner was not denied due process by the untimely notice of referral or the extension of his parole date, and that his offense was correctly categorized.
• Beaty v. Patton
  700 F.2d 110· 3d Cir.· 1983-02-15 ·cited 18×
  The court held that a procedural default does not bar federal habeas review if the petitioner can show the default was not a "deliberate bypass" of state court remedies, and remanded for findings on this issue.
• Honeycutt v. Mr. William B. Mahoney
  698 F.2d 213· 4th Cir.· 1983-01-10 ·cited 18×
  The dissent argues that the petitioner received constitutionally ineffective assistance of counsel due to counsel's failure to object to jury instructions that were later found to be unconstitutional.
• French v. Estelle
  696 F.2d 318· 5th Cir.· 1982-12-29 ·cited 18×
  The court held that the failure to file a cross-appeal does not preclude review of a constitutional claim when affirming a grant of habeas corpus relief, especially when the claim is clear and necessary to prevent a miscarriage of justice.
• Martin v. State OF Tex.
  694 F.2d 423· 5th Cir.· 1982-12-27 ·cited 18×
  The court held that the defendant's allegations of ineffective assistance of counsel, if true, entitle him to an evidentiary hearing, and that the record does not conclusively refute these allegations.
• United States ex rel. Leon Blackwell v. Franzen
  688 F.2d 496· 7th Cir.· 1982-09-13 ·cited 18×
  The court held that the trial court's limitation on cross-examination, while close, did not violate the petitioner's Sixth Amendment right to confrontation because defense counsel had sufficient alternative means to impeach the witness. The court also affirmed the district court'
• Seymour Pincus Slotnick v. O'Lone
  683 F.2d 60· 3d Cir.· 1982-06-28 ·cited 18×
  A federal habeas corpus petition containing both exhausted and unexhausted claims must be dismissed in its entirety, requiring the petitioner to return to state court to exhaust all claims or resubmit a petition with only exhausted claims.
• Moore v. Estelle
  670 F.2d 56· 5th Cir.· 1982-03-12 ·cited 18×
  The court held that the exclusion of even one venireman on grounds broader than Witherspoon precludes the imposition of the death penalty, and retroactive exercise of peremptory challenges is not permissible.
• Ivory Davis v. Franzen
  671 F.2d 1056· 7th Cir.· 1982-03-05 ·cited 18×
  A federal court may deny a habeas corpus petition without ordering a response if the petition, on its face, fails to allege facts showing a constitutional violation.
• Hamlin v. Warren
  664 F.2d 29· 4th Cir.· 1981-11-03 ·cited 18×
  The dissent argues that a state prisoner's claim for damages under § 1983, which does not directly attack the fact or length of confinement, should not require exhaustion of state remedies.
• Gaines v. Norman B. Hess & the Attorney Gen. of the State of Okla.
  662 F.2d 1364· 10th Cir.· 1981-11-02 ·cited 18×
  The court should remand the case to the district court to allow the state court an opportunity to consider unresolved issues of fact and law.
• Torna v. Louie L. Wainwright
  649 F.2d 290· 5th Cir.· 1981-06-29 ·cited 18×
  The failure of retained counsel to timely file a petition for writ of certiorari to the Florida Supreme Court constitutes ineffective assistance of counsel under the Sixth and Fourteenth Amendments, entitling the petitioner to habeas corpus relief.
• Williams v. Blackburn
  649 F.2d 1019· 5th Cir.· 1981-06-18 ·cited 18×
  The court affirmed the district court's denial of the habeas corpus petition and stay of execution, finding no constitutional errors in the petitioner's conviction or sentencing.
• Garrison v. McCARTHY
  653 F.2d 374· 9th Cir.· 1981-05-11 ·cited 18×
  The court held that a defendant's failure to object to identification procedures at trial, absent a showing of cause and prejudice, bars federal habeas review of the claim, and that such failure, when a tactical decision by counsel, does not constitute ineffective assistance of c
• Sober v. Crist
  644 F.2d 807· 9th Cir.· 1981-05-07 ·cited 18×
  A guilty plea does not waive claims regarding the effectiveness of counsel or the voluntariness of the plea, particularly if the plea was unintelligent due to lack of understanding of the crime's elements.
• Hilary Davis v. Page
  640 F.2d 599· 5th Cir.· 1981-03-23 ·cited 18×
  The dissenting judge argues that federal habeas corpus relief is an inappropriate vehicle for addressing state child custody disputes, and that federal courts should defer to state courts in such matters.
• Harris v. Wyrick
  644 F.2d 710· 8th Cir.· 1981-03-20 ·cited 18×
  The court held that the pretrial identification, though suggestive, was reliable under the totality of the circumstances, and the jury selection process did not violate the fair cross-section requirement.
• COX v. Wyrick
  642 F.2d 222· 8th Cir.· 1981-02-25 ·cited 18×
• Ignatius RED v. Blackburn
  636 F.2d 1027· 5th Cir.· 1981-02-12 ·cited 18×
  The court held that the district court did not squarely confront the appellant's new theory regarding the necessity of a prior trial transcript, thus the appeal is dismissed without prejudice.
• Scott v. Plante
  641 F.2d 117· 3d Cir.· 1981-02-05 ·cited 18×
  The court held that the trial court erred in denying equitable relief regarding the conditions of confinement and vacated the judgment, remanding for further proceedings.
• Frick v. Mr. Quinlin
  631 F.2d 37· 5th Cir.· 1980-11-17 ·cited 18×
  The court held that although the government's handling of the case involved confusion and delay, the petitioner was not prejudiced by these actions and therefore not entitled to habeas corpus relief.
• Luther v. Molina
  627 F.2d 71· 7th Cir.· 1980-08-06 ·cited 18×
  The court held that a district court order granting bail to a parolee pending revocation proceedings is not appealable as a final order, but the appeal may be heard under the 'capable of repetition, yet evading review' exception to mootness, and that such bail orders should be gr
• Wright v. Cuyler
  624 F.2d 455· 3d Cir.· 1980-06-30 ·cited 18×
  Denial of admission to a home furlough program is a condition of confinement, not a challenge to the duration of imprisonment, and can be pursued under 42 U.S.C. § 1983 without exhausting state remedies.
• Fauls v. Sheriff OF Leon Cnty.
  384 So. 2d 238· Fla. 1st DCA· 1980-06-02 ·cited 18×
  The court held that the rendition warrant's physical filing or introduction into evidence in habeas corpus proceedings is not required for extradition if its existence and validity are otherwise established and not challenged below.
• Williams v. Martin
  618 F.2d 1021· 4th Cir.· 1980-03-06 ·cited 18×
  The dissenting judge believes the trial judge was not at fault for the due process violation, but rather ineffective assistance of counsel was the cause.
• United States ex rel. Regent Goddard v. Vaughn
  614 F.2d 929· 3d Cir.· 1980-02-12 ·cited 18×
  A state may constitutionally require a defendant to prove the affirmative defense of voluntary intoxication by a preponderance of the evidence, even when intoxication negates a specific intent element of the crime.
• United States ex rel. Bruce Barksdale v. Blackburn
  610 F.2d 253· 5th Cir.· 1980-01-21 ·cited 18×
  The dissenting judge argues that the majority's decision to set aside a conviction based on statistical disparities in jury selection, without a claim of innocence, is improper and undermines the justice system.
• Charles v. Anderson
  610 F.2d 417· 6th Cir.· 1979-12-04 ·cited 18×
  The dissenting judge believes the prosecutor's question about the defendant's inconsistent statements did not violate the Fifth Amendment.
• Hammontree v. Phelps
  605 F.2d 1371· 5th Cir.· 1979-11-07 ·cited 18×
  The court held that the Louisiana statute creating a presumption of negligence from the violation of a statute is unconstitutional as applied, violating due process by shifting the burden of proof to the defendant.
• Martin v. Blackburn
  606 F.2d 92· 5th Cir.· 1979-11-07 ·cited 18×
  The court held that the defendant's sentence enhancement did not violate due process and that his counsel was not ineffective.
• Hampton v. Wyrick
  606 F.2d 834· 8th Cir.· 1979-10-11 ·cited 18×
  The court held that the district court did not err in denying a habeas corpus petition without an evidentiary hearing, as the appellant failed to establish a prima facie case of discrimination in jury selection.
• Bashlor v. Louie L. Wainwright
  374 So. 2d 546· Fla. 1st DCA· 1979-07-12 ·cited 18×
  Charles Bashlor, imprisoned 28 years for first-degree murder after a jury recommended mercy, petitioned for a writ of habeas corpus to obtain a delayed first appeal with appointed counsel. The court granted the petition, holding that Bashlor timely requested appeal assistance fro
• Cooper v. Campbell
  597 F.2d 628· 8th Cir.· 1979-04-25 ·cited 18×
  The failure to instruct the jury on manslaughter, when evidence supported it, constituted a due process violation cognizable in habeas corpus, as it removed the issue of malice from the jury's consideration.
• Tifford v. Louie L. Wainwright
  592 F.2d 233· 5th Cir.· 1979-03-28 ·cited 18×
  The court held that the State's new argument, raised for the first time on rehearing, would not be considered because it was not timely raised and lacked substantial justice. Furthermore, even if considered, the argument would fail as the state court's factual determination was n
• Lerma v. Estelle
  585 F.2d 1297· 5th Cir.· 1978-12-11 ·cited 18×
  A federal court should not grant habeas corpus relief if the petitioner has not exhausted available administrative remedies within the state prison system.
• Dominick Codispoti Y-1353 v. Howard
  589 F.2d 135· 3d Cir.· 1978-12-08 ·cited 18×
  A federal court may review a habeas corpus petition when state court delay in ruling on a new trial motion is excessive and effectively denies the petitioner's right to appeal.
• Grace v. Butterworth
  586 F.2d 878· 1st Cir.· 1978-11-17 ·cited 18×
  The court held that the state courts' denial of new trial motions, based on newly discovered evidence, did not violate due process because the evidence was found to be cumulative and not credible, and the state courts conducted a full and fair review.
• Smith v. Louie L. Wainwright
  581 F.2d 1149· 5th Cir.· 1978-10-10 ·cited 18×
  Federal habeas corpus relief is barred under Stone v. Powell because the state provided a full and fair opportunity to litigate the Fourth Amendment claim regarding the voluntariness of the consent to search.