Petition For Writ Of Habeas Corpus

7,506 Florida cases classified under this topic, plus 5,490 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Coleman v. Saffle
  912 F.2d 1217· 10th Cir.· 1990-08-28 ·cited 6×·via Habeas Corpus Petition
  The Court of Criminal Appeals affirmed the denial of post-conviction relief, holding that the petitioner's claims regarding competency and fair trial were previously litigated and that newly discovered evidence was insufficient to warrant relief.
• Derrick v. R.S. Peterson
  924 F.2d 813· 9th Cir.· 1990-08-28 ·cited 6×·via Habeas Corpus Petition
  The court held that Derrick's confession was voluntary under the Fourteenth Amendment and his Miranda waiver was knowing and intelligent, affirming the denial of his habeas corpus petition.
• Smith v. Duckworth
  910 F.2d 1492· 7th Cir.· 1990-08-23 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the state failed to demonstrate sufficient prejudice due to delay in filing the habeas petition, and that Smith's confession was involuntary based on the totality of the circumstances.
• Miller v. Sumner
  921 F.2d 202· 9th Cir.· 1990-08-08 ·cited 6×
  A pro se prisoner's notice of appeal is not deemed timely filed if deposited in a prison mailbox rather than submitted through the prison's official mail log system.
• Guinan v. Armontrout
  909 F.2d 1224· 8th Cir.· 1990-08-03 ·cited 6×
  The court affirmed the denial of habeas corpus relief, finding no due process violation in the denial of a psychiatric evaluation, no ineffective assistance of counsel, and no Eighth Amendment violation from jury instructions or prosecutorial remarks.
• Schrader v. Whitley
  904 F.2d 282· 5th Cir.· 1990-06-28 ·cited 6×·via Habeas Corpus Petition
  The court held that the trial court did not abuse its discretion in denying a continuance when the opposing party stipulated to the absent witness's testimony and its truthfulness, and the testimony was likely cumulative.
• Orndorff v. A.L. Lockhart
  906 F.2d 1230· 8th Cir.· 1990-06-19 ·cited 6×·via Habeas Corpus Petition
  The court held that the prosecutor's failure to disclose a key witness's hypnosis was a constitutional error, but the harmless error analysis requires comparing pre-hypnosis statements with trial testimony, not deeming it inherently prejudicial.
• O'Bremski v. Manfred Maass
  915 F.2d 418· 9th Cir.· 1990-06-06 ·cited 6×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the prisoner's claims were not colorable under federal law and that the Board's action in vacating an invalid release date was proper under Oregon law, thus affirming the dismissal of his habeas petition.
• Larson v. United States
  905 F.2d 218· 8th Cir.· 1990-06-06 ·cited 6×
  The court held that a district court should have given controlling weight to its prior denial of a habeas petition when considering a successive petition, and dismissed the second petition on that basis.
• Stomner v. Darrell Kolb & the Attorney Gen. of the State of Wis.
  903 F.2d 1123· 7th Cir.· 1990-06-04 ·cited 6×
  The court held that the denial of severance and certain evidentiary rulings did not violate due process or render the trial fundamentally unfair.
• Tippitt v. A.L. Lockhart
  903 F.2d 552· 8th Cir.· 1990-05-11 ·cited 6×·via Habeas Corpus Petition
  The court held that the appellant's habeas claims for ineffective assistance of counsel were procedurally barred because they were not raised in state court and he failed to show cause for this failure.
• Battle v. Armontrout
  902 F.2d 701· 8th Cir.· 1990-05-09 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court abused its discretion in denying the appointment of counsel for an indigent, incarcerated petitioner in a capital habeas corpus case.
• Elcock v. Henderson
  902 F.2d 219· 2d Cir.· 1990-05-03 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court should appoint counsel to assist the petitioner in preparing his habeas corpus petition, specifically to address a due process claim regarding appellate delay.
• Fairchild v. A.L. Lockhart
  900 F.2d 1292· 8th Cir.· 1990-04-17 ·cited 6×·via Habeas Corpus Petition
  A successive habeas petition is procedurally barred and an abuse of the writ if new claims were available earlier and no cause or prejudice is shown. Even on the merits, the petitioner failed to demonstrate that alleged mental retardation rendered his confessions unreliable or th
• Langle v. State
  559 So. 2d 657· Fla. 5th DCA· 1990-03-22 ·cited 6×
  The court held that a petitioner seeking release due to a delayed final revocation hearing must demonstrate prejudice resulting from the delay, even if the delay is presumed unreasonable.
• Polmanteer v. State
  557 So. 2d 678· Fla. 2d DCA· 1990-03-02 ·cited 6×
  The court held that while the trial court erred in considering contested prior convictions without corroborating evidence, this issue should have been raised on direct appeal, not in a motion to correct sentence.
• McCONNELL v. T.C. Martin
  896 F.2d 441· 10th Cir.· 1990-02-12 ·cited 6×·via Habeas Corpus Petition
  The attempted execution of a parole violator warrant contrary to its specific instructions was invalid, allowing the Parole Commission to withdraw it and issue a new warrant as a detainer.
• Gordon v. Duran
  895 F.2d 610· 9th Cir.· 1990-02-05 ·cited 6×
  The court held that the district court's denial of the habeas corpus petition was proper, as none of the petitioner's claims presented a basis for federal relief.
• Stano v. Dugger
  889 F.2d 962· 11th Cir.· 1989-11-17 ·cited 6×
  The court held that the trial court erred in accepting the defendant's guilty plea, as it violated his Sixth Amendment right to counsel, either by failing to ensure a knowing waiver of counsel when he effectively proceeded pro se, or by accepting the plea when counsel's assistanc
• Flick v. Dudley Blevins
  887 F.2d 778· 7th Cir.· 1989-10-12 ·cited 6×
  The court held that a writ of habeas corpus ad prosequendum does not operate as a detainer and that the federal government retained jurisdiction over the petitioner, thus his petition was frivolous.
• Romero v. Lynaugh
  884 F.2d 871· 5th Cir.· 1989-10-05 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court held that the defendant's trial counsel provided constitutionally effective assistance, and the federal district court erred in granting habeas corpus relief.
• Earsel Larry Johnson v. Trickey
  882 F.2d 316· 8th Cir.· 1989-08-10 ·cited 6×
  The court held that a prisoner is entitled to an evidentiary hearing on claims that his conviction was obtained through the knowing use of perjured testimony and ineffective assistance of counsel, but affirmed the dismissal of a claim challenging the sufficiency of the charging i
• Durosko v. Lewis
  882 F.2d 357· 9th Cir.· 1989-08-07 ·cited 6×
  The court held that differences in the standards of proof between two sentence enhancement provisions meant they were not the 'same offense' for double jeopardy purposes, and collateral estoppel did not apply.
• Staten v. Neal
  880 F.2d 962· 7th Cir.· 1989-07-26 ·cited 6×
  The Due Process Clause does not prohibit a state's attorney from prosecuting a defendant when a state's attorney from another county promised not to prosecute, if the first state's attorney lacked the authority to bind the second.
• Lewis v. Martin
  880 F.2d 288· 10th Cir.· 1989-07-24 ·cited 6×
  The court held that the original section 235(b)(3) of the Sentencing Reform Act of 1984 did not entitle prisoners to release within their guideline range, but rather was a phase-out provision for the Parole Commission.
• Watts v. Bonneville
  879 F.2d 685· 9th Cir.· 1989-07-14 ·cited 6×
  The court held that imposing two sentences for rape in concert did not violate due process, as the defendant aided and abetted two separate criminal acts. The court also held that a defective jury instruction regarding aiding and abetting was harmless error.
• Mayo v. Lynaugh
  882 F.2d 134· 5th Cir.· 1989-06-30 ·cited 6×·via Habeas Corpus Petition
  The court held that the prisoner's constitutional rights were not violated and affirmed the denial of his habeas corpus petition.
• Thomas v. Mun. Court OF the Antelope Valley Jud. Dist. OF Cal.
  878 F.2d 285· 9th Cir.· 1989-06-23 ·cited 6×
  The court held that a mistrial declared sua sponte due to an attorney's conflict of interest, which the defendant refused to waive, constituted manifest necessity, thus permitting retrial without violating the Double Jeopardy Clause.
• Cook v. A.L. Lockhart
  878 F.2d 220· 8th Cir.· 1989-06-20 ·cited 6×·via Habeas Corpus Petition
  The court held that a successive habeas petition may be dismissed if the claims were previously decided or should have been raised, and the petitioner fails to demonstrate that the ends of justice warrant reexamination.
• Hill v. A.L. Lockhart
  877 F.2d 698· 8th Cir.· 1989-06-14 ·cited 6×·via Habeas Corpus Petition
  The dissenting judge believes the court should not grant habeas corpus relief because the claim lacks constitutional merit and was previously rejected.
• Frank v. Brookhart
  877 F.2d 671· 8th Cir.· 1989-06-09 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner failed to establish grounds for habeas corpus relief, as the state courts' factual findings were supported by the record and the petitioner did not demonstrate prejudice from alleged prosecutorial misconduct, ineffective assistance of counsel, o
• Toomey v. Clark
  876 F.2d 1433· 9th Cir.· 1989-06-08 ·cited 6×·via Habeas Corpus Petition
  The court held that considering a juvenile's pregnancy in a decision to decline jurisdiction does not, on its face or in effect, constitute unlawful sex discrimination under the Equal Protection Clause, as it was rationally related to the state's interest in rehabilitation and pu
• Leavitt v. Vasquez
  875 F.2d 260· 9th Cir.· 1989-05-25 ·cited 6×·via Habeas Corpus Petition
  The court held that even if the jury instruction on aiding and abetting was erroneous, the jury necessarily found the required intent, making the error harmless beyond a reasonable doubt.
• Vicks v. Bunnell
  875 F.2d 258· 9th Cir.· 1989-05-23 ·cited 6×
  The court held that the district court erred in dismissing the habeas petition without obtaining the state court transcripts necessary to review the jury instruction issue.
• Griffin v. Dugger
  874 F.2d 1397· 11th Cir.· 1989-05-19 ·cited 6×
  The court affirmed the denial of the petition for writ of habeas corpus, holding that the Florida judicial system satisfied the requirements of Cabana and Enmund, and that statistical evidence and prosecutorial comments regarding victim race were insufficient to prove an unconsti
• Blackmon v. Armontrout
  875 F.2d 164· 8th Cir.· 1989-05-12 ·cited 6×·via Habeas Corpus Petition
  The court held that the trial court's refusal to allow the defendant to represent himself was proper, and the defendant was not prejudiced by his appellate counsel's failure to argue for a competency hearing.
• White v. Lewis
  874 F.2d 599· 9th Cir.· 1989-05-08 ·cited 6×
  A motion to dismiss is a proper pleading in a habeas corpus action, and a petitioner must demonstrate cause and prejudice for any procedural default in state court to be entitled to federal habeas relief.
• Johnson v. Denton
  542 So. 2d 447· Fla. 5th DCA· 1989-04-27 ·cited 6×·via Writ Of Habeas Corpus
  Robert Johnson appeals the trial court's denial of his motion for change of custody and the court's exercise of jurisdiction over a dependency proceeding involving his daughter. The Florida appellate court reversed, holding that the trial court violated the Uniform Child Custody
• O'Callaghan v. State
  542 So. 2d 1324· Fla.· 1989-04-20 ·cited 6×
  John O'Callaghan was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the denial of his Rule 3.850 postconviction relief motion but granted his habeas corpus petition due to a Hitchcock violation in the penalty phase jury instructions, r
• Royce E. Denton v. Duckworth
  873 F.2d 144· 7th Cir.· 1989-04-17 ·cited 6×·via Habeas Corpus Petition
  The court held that redetermining a defendant's habitual offender status after a prior conviction used for enhancement was vacated does not violate the Double Jeopardy Clause, and amending the habitual offender information did not violate due process.
• Singleton v. A.L. Lockhart
  871 F.2d 1395· 8th Cir.· 1989-04-10 ·cited 6×·via Petition For Habeas Corpus Relief
  The court held that the defendant's conviction was valid, but his death sentence should be reinstated, finding no constitutional error in jury selection or ineffective assistance of counsel, and that the prior vacating of the sentence was based on an overruled precedent.
• Lombard v. Lynaugh
  868 F.2d 1475· 5th Cir.· 1989-04-06 ·cited 6×
  The court held that a defendant constructively denied effective assistance of appellate counsel falls under the Penson v. Ohio standard, where prejudice is presumed, obviating the need for a Strickland analysis.
• Puffinberger v. Holt
  545 So. 2d 900· Fla. 4th DCA· 1989-03-23 ·cited 6×·via Writ Of Habeas Corpus
  Petitioner sought emergency habeas corpus relief after the trial court denied her motion to reduce pretrial bond in a child abuse case. The appellate court granted the petition, finding the trial court abused its discretion by denying bond reduction based on improper criteria and
• Wycoff v. Crispus NIX
  869 F.2d 1111· 8th Cir.· 1989-03-13 ·cited 6×
  The court held that the petitioner's claims of prosecutorial misconduct and ineffective assistance of counsel did not rise to the level of constitutional violations, and therefore, habeas corpus relief was properly denied.
• Dewayne Hulsey v. Sargent
  865 F.2d 954· 8th Cir.· 1989-01-19 ·cited 6×
  The court held that the state court's finding that juror Creamer was properly excused for cause was fairly supported by the record, and the district court erred in vacating the death sentence.
• Archuleta v. Dareld Kerby
  864 F.2d 709· 10th Cir.· 1989-01-03 ·cited 6×·via Habeas Corpus Petition
  The court held that the admission of identification testimony from a suggestive show-up procedure did not violate the petitioner's due process rights because the identification was reliable under the totality of the circumstances.
• Melvin v. Nickolopoulos
  864 F.2d 301· 3d Cir.· 1988-12-30 ·cited 6×·via Habeas Corpus Petition
  The court held that a prisoner's claim for damages for unlawful detention and denial of parole, even if related to a habeas corpus claim, should be treated as a civil rights action under 42 U.S.C. § 1983 and not dismissed for failure to exhaust state remedies.
• Hawkins v. Lynaugh
  862 F.2d 487· 5th Cir.· 1988-12-12 ·cited 6×·via Habeas Corpus Petition
  The court held that the defendant failed to show substantial evidence that could not be expressed in the jury's deliberateness inquiry, and thus a stay of execution was not warranted.
• Stein v. Stein
  537 So. 2d 613· Fla. 4th DCA· 1988-12-07 ·cited 6×·via Writ Of Habeas Corpus
• Sumpter v. Crispus NIX
  863 F.2d 563· 8th Cir.· 1988-12-07 ·cited 6×·via Habeas Corpus Petition
  The court held that the defendant's confession was voluntary and his sentence did not violate double jeopardy principles.