Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Pardo v. State
  941 So. 2d 1057· Fla.· 2006-06-29 ·cited 17×
  Manuel Pardo Jr., convicted of nine murders and sentenced to death, appealed the denial of postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habeas petition, holding that Pardo failed to d
• Resendes v. Ric L. Bradshaw
  935 So. 2d 19· Fla. 4th DCA· 2006-04-28 ·cited 17×
  The court held that the trial court erred by setting 'no bond' without proper findings of fact and conclusions of law, as required by rule and statute when the state does not seek pretrial detention.
• Denson v. State
  775 So. 2d 288· Fla.· 2000-11-16 ·cited 17×
  Fundamental error cannot be used to relitigate claims already decided on the merits and barred by res judicata.
• Mann v. State
  770 So. 2d 1158· Fla.· 2000-09-28 ·cited 17×
  Larry Eugene Mann, a death row inmate, appealed the denial of his postconviction relief motion challenging his 1982 capital murder conviction and death sentence. The Florida Supreme Court affirmed the circuit court's denial, finding Mann's ineffective assistance of counsel claims
• Fulton T. Perkins v. State
  766 So. 2d 1173· Fla. 5th DCA· 2000-09-08 ·cited 17×
  The appellate court reversed the trial court's denial of a habeas corpus petition, agreeing with the State that administrative remedies were not applicable to challenging a detainer.
• Woullard v. Bishop
  734 So. 2d 1151· Fla. 1st DCA· 1999-06-02 ·cited 17×
  The court quashed a summary denial of habeas corpus relief and remanded for further proceedings, holding that a prisoner's allegations were sufficient to make a prima facie showing of exhaustion of administrative remedies required for judicial review of prison disciplinary procee
• Thompson v. Singletary
  659 So. 2d 435· Fla. 4th DCA· 1995-08-11 ·cited 17×
  Thompson sought habeas corpus relief claiming ineffective assistance of appellate counsel because his trial counsel was forced to use a peremptory challenge on a juror who should have been excused for cause, exhausting his challenges. The Fourth District initially granted relief
• Romero v. State
  637 So. 2d 7· Fla. 4th DCA· 1994-05-04 ·cited 17×
  In this case, the Fourth District Court of Appeal addressed a situation where two co-defendants tried together received disparate treatment on appeal—Romero's conviction was affirmed while his co-defendant Gonzalez's conviction was later reversed for the same error. The court gra
• Sonny Boy Oats v. Dugger
  638 So. 2d 20· Fla.· 1994-03-31 ·cited 17×
  The court held that the prisoner's claims were procedurally barred as they could have been raised on direct appeal or were not preserved, and affirmed the denial of postconviction relief and denied the habeas petition.
• MAY v. Collins
  955 F.2d 299· 5th Cir.· 1992-02-26 ·cited 17×
  The court granted the certificate of probable cause to appeal, finding the issue debatable among jurists of reason, but ultimately affirmed the district court's denial of the writ, holding the state court's 'paper hearing' was adequate for § 2254(d) presumption of correctness.
• Jang Han BAE v. Peters
  950 F.2d 469· 7th Cir.· 1991-12-09 ·cited 17×
  The court held that the district court correctly denied Bae's habeas corpus petition, affirming the state court's admission of his confession and rejection of his ineffective assistance of counsel claims.
• Tapia v. Tansy
  926 F.2d 1554· 10th Cir.· 1991-03-05 ·cited 17×
  The court held that the loss of preliminary hearing tapes, the sealing of an affidavit, the submission of a second-degree murder instruction on an accessory theory, the admission of allegedly perjured testimony, and ineffective assistance of counsel did not violate the defendant'
• Henderson v. Dugger
  925 F.2d 1309· 11th Cir.· 1991-02-20 ·cited 17×
  The court held that the appellant's confessions were not obtained in violation of his right to counsel, and that his other claims for habeas corpus relief lacked merit or were procedurally barred.
• Stano v. Dugger
  921 F.2d 1125· 11th Cir.· 1991-01-02 ·cited 17×
  Gerald Eugene Stano appealed the denial of his federal habeas corpus petition challenging his death sentences for two murders, raising claims of self-representation and ineffective assistance of counsel under the Sixth Amendment. The Eleventh Circuit en banc held that Stano's gui
• Bassette v. Thompson
  915 F.2d 932· 4th Cir.· 1990-10-05 ·cited 17×
  The court held that most of the petitioner's claims were procedurally barred under Teague v. Lane and state law, and the remaining claims lacked merit.
• Falconer v. Lane
  905 F.2d 1129· 7th Cir.· 1990-06-29 ·cited 17×
  The court held that the jury instructions given at trial were constitutionally inadequate under the Fourteenth Amendment's Due Process Clause because they allowed the jury to return a murder verdict even if findings supported voluntary manslaughter.
• United States v. Antonino Aiello
  900 F.2d 528· 2d Cir.· 1990-04-02 ·cited 17×
  The court held that a habeas petitioner must show an actual conflict of interest that adversely affected his lawyer's performance, and that mere speculation or a theoretical conflict is insufficient to warrant reversal, especially when the alleged conflict is unrelated to the cha
• Deutscher v. Harol Whitley
  884 F.2d 1152· 9th Cir.· 1989-08-31 ·cited 17×
  The court held that the district court erred in dismissing the habeas corpus petition and that the petitioner was deprived of effective assistance of counsel due to counsel's failure to investigate and present mitigating evidence at the penalty phase.
• Meagher v. Dugger
  861 F.2d 1242· 11th Cir.· 1988-12-19 ·cited 17×
  The court held that the petitioner's late receipt of a parole revocation notice provided sufficient cause and prejudice to overcome procedural default in his federal habeas corpus petition.
• Henderson v. Hal Henderson
  537 So. 2d 125· Fla. 1st DCA· 1988-12-16 ·cited 17×
  Mary K. Henderson appeals an order modifying her divorce decree that transferred physical custody of her twin daughters (age 5) to their father, Hal Henderson. The court reverses, holding that the evidence is legally insufficient to support a change of circumstances warranting mo
• Sanchez v. Eloy Mondragon
  858 F.2d 1462· 10th Cir.· 1988-10-06 ·cited 17×
  The court held that the trial court's inquiry into the defendant's decision to waive counsel and proceed pro se was inadequate, violating his Sixth Amendment right to counsel.
• T.J. Hayes v. A.L. Lockhart
  852 F.2d 339· 8th Cir.· 1988-07-22 ·cited 17×
  The court held that defense counsel's failure to present mitigating evidence and the prosecutor's inflammatory remarks, combined with counsel's inaction, rendered the trial fundamentally unfair, violating the Sixth Amendment.
• Hardin v. Black
  845 F.2d 953· 11th Cir.· 1988-05-23 ·cited 17×
  The court held that the district court erred in applying a procedural bar to seventeen claims, which must be reconsidered on the merits, and affirmed the denial of other claims.
• Siciliano v. Vose
  834 F.2d 29· 1st Cir.· 1987-12-03 ·cited 17×
  The court held that a criminal defendant's right to testify does not require the trial judge to explicitly address the defendant and secure a waiver, nor does an attorney's alleged prevention of testimony warrant a hearing without specific factual allegations.
• Davis v. Dugger
  829 F.2d 1513· 11th Cir.· 1987-09-28 ·cited 17×
  The court held that the petitioner was not guilty of deliberate delay that would support dismissal under Rule 9(a), and exhaustion of state remedies was achieved before final action by the district court.
• Dickerson v. State OF La.
  816 F.2d 220· 5th Cir.· 1987-05-13 ·cited 17×
  Pre-trial federal habeas corpus relief is not available to adjudicate a state prisoner's speedy trial or due process claims when those issues can be resolved through pending state court proceedings.
• Mullen v. Blackburn
  808 F.2d 1143· 5th Cir.· 1987-02-05 ·cited 17×
  The court held that none of the appellant's claims, individually or collectively, presented a constitutional violation warranting habeas relief.
• Thigpen v. Cory
  804 F.2d 893· 6th Cir.· 1986-10-27 ·cited 17×
  The court held that the state's identification procedures did not violate due process, as the trial court's factual determination of reliability was entitled to a presumption of correctness under 28 U.S.C. § 2254(d).
• Heath v. United States Parole Comm'n & Robert Henderson
  788 F.2d 85· 2d Cir.· 1986-04-15 ·cited 17×
  The court held that the Parole Commission's procedures were not untimely and that any potential delay did not warrant habeas relief absent prejudice or bad faith. The court also denied the request for assigned counsel.
• Smith v. Blackburn
  785 F.2d 545· 5th Cir.· 1986-03-24 ·cited 17×
  The state's failure to adhere to a plea bargain, which induced a guilty plea, invalidates the plea and renders it involuntary, entitling the petitioner to habeas corpus relief.
• United States v. Doherty
  786 F.2d 491· 2d Cir.· 1986-03-13 ·cited 17×
  The court held that the Declaratory Judgment Act does not provide a remedy for the government to challenge an extradition magistrate's denial of a certification request.
• In re Demjanjuk v. Honorable Edwin Meese
  784 F.2d 1114· D.C. Cir.· 1986-02-27 ·cited 17×
  The court held that the petitioner was not entitled to a writ of habeas corpus, a hearing, or a stay of extradition because the Genocide Convention had not yet taken effect and was irrelevant to the extradition charges, which were for murder, not genocide.
• Long v. State
  483 So. 2d 872· Fla. 1st DCA· 1986-02-27 ·cited 17×
• Berry v. King
  765 F.2d 451· 5th Cir.· 1985-07-01 ·cited 17×
  The court held that the defendant failed to demonstrate prejudice from his counsel's alleged deficient performance and that the exclusion of jurors opposed to the death penalty from the guilt phase of a capital trial does not violate the Sixth Amendment, affirming the denial of h
• Reimnitz v. State's Attorney OF Cook Cnty.
  761 F.2d 405· 7th Cir.· 1985-05-02 ·cited 17×
  A person on bail is considered in custody for habeas corpus purposes, and the circuit court is the proper respondent, not the state's attorney. A retrial after a conviction reversal due to trial error does not violate double jeopardy.
• Santillanes v. United States Parole Comm'n & Bureau of Prisons
  754 F.2d 887· 10th Cir.· 1985-02-11 ·cited 17×
  The court held that a constitutionally invalid uncounseled conviction cannot be used to forfeit street time, and the district court erred in dismissing the habeas corpus petition without an evidentiary hearing.
• Alvord v. Louie L. Wainwright
  731 F.2d 1486· 11th Cir.· 1984-04-25 ·cited 17×
  The court held that the officer's testimony regarding Miranda warnings was sufficient, and the defendant failed to prove he did not receive proper warnings.
• Anderson v. Frey
  715 F.2d 1304· 8th Cir.· 1983-08-31 ·cited 17×
  The court held that the sheriff's involvement in selecting bystander jurors, even through subordinates, violated due process because it created an unacceptable risk of bias due to the sheriff's institutional interest in law enforcement.
• Hall v. State OF Iowa & Attorney Gen. of Iowa
  705 F.2d 283· 8th Cir.· 1983-04-15 ·cited 17×
  The court held that while the state violated an agreement with counsel by seeking consent to search, this did not violate the Sixth Amendment because the evidence would have been obtained lawfully through other means or the error was harmless.
• Linam v. Griffin
  685 F.2d 369· 10th Cir.· 1982-08-09 ·cited 17×
  The court affirmed the district court's decision, with the concurring opinion agreeing with the result but disagreeing with one of the majority's rationales.
• Holtan v. Parratt
  683 F.2d 1163· 8th Cir.· 1982-07-16 ·cited 17×
  The court held that the defendant was denied effective assistance of counsel when his attorney failed to act on his request to withdraw his plea of nolo contendere, and that he was materially prejudiced by this failure.
• Jones v. Kemp
  678 F.2d 929· 11th Cir.· 1982-06-14 ·cited 17×
  The court held that the trial attorney's failure to object to the jury instruction did not constitute ineffective assistance of counsel because the jury charge, when considered as a whole, was not erroneous.
• Doyle v. Elsea
  658 F.2d 512· 7th Cir.· 1981-08-31 ·cited 17×
  The court held that a parole violator is not entitled to credit for pretrial custody on a consecutive violator term if that credit has already been applied to the sentence for the offense that led to the parole violation. The court also held that the Parole Commission did not vio
• Cerrella v. Hanberry
  650 F.2d 606· 5th Cir.· 1981-07-13 ·cited 17×
  The court held that restrictive conditions of appellate bail do not constitute 'custody' for the purpose of sentence credit, and a sentence less than the statutory maximum does not constitute cruel and unusual punishment.
• Grace v. Butterworth
  635 F.2d 1· 1st Cir.· 1980-06-27 ·cited 17×
  The court affirmed the denial of habeas corpus, holding that the appellants' claims regarding jury instructions were procedurally defaulted or did not rise to the level of constitutional error.
• Brown v. State OF Ala.
  619 F.2d 376· 5th Cir.· 1980-06-16 ·cited 17×
  The court held that the petitioner's second prosecution for assault with intent to murder did not violate the Double Jeopardy Clause, as it constituted a separate offense from the robbery conviction.
• Pugliese v. Nelson
  617 F.2d 916· 2d Cir.· 1980-03-04 ·cited 17×
  A prisoner's interest in avoiding classification as a Central Monitoring Case (CMC) does not implicate a liberty interest protected by the Due Process Clause, as such classification does not create a statutory or constitutional entitlement.
• Steinberg v. Police Court OF Albany
  610 F.2d 449· 6th Cir.· 1979-12-14 ·cited 17×
  A parolee's lack of mental competence is not a defense to the fact-finding of a parole violation, and the Parole Commission's decision to revoke parole is not an abuse of discretion even if the violation was involuntary.
• Harris v. Spears
  606 F.2d 639· 5th Cir.· 1979-11-16 ·cited 17×
  The court held that the district court correctly granted the writ of habeas corpus, finding that the defendant's procedural defaults were excused by cause and prejudice, and not a deliberate bypass of state procedures.
• Hennard Harris v. Louie L. Wainwright
  376 So. 2d 855· Fla.· 1979-11-01 ·cited 17×
  The court held that the petitioner has no vested right to gain time, and the application of the new statute does not constitute an ex post facto violation.