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

• Shedelbower v. Estelle
  859 F.2d 727· 9th Cir.· 1988-10-12 ·cited 6×·via Habeas Corpus Petition
  The court held that Shedelbower's confession was not obtained in violation of his constitutional rights, as he voluntarily initiated further communication after invoking his right to counsel.
• Schiselman v. United States Parole Comm'n
  858 F.2d 1232· 7th Cir.· 1988-09-23 ·cited 6×
  The Parole Commission improperly relied on information it had previously disregarded when setting a prisoner's parole date, and therefore, the prisoner is entitled to a new hearing.
• Smith v. Duckworth
  856 F.2d 909· 7th Cir.· 1988-09-06 ·cited 6×·via Writ Of Habeas Corpus
  The court held that while the state court's implicit finding of a voluntary Miranda waiver is entitled to deference, a remand is necessary for an evidentiary hearing on the voluntariness of the confession itself due to insufficient record evidence.
• Williams v. Armontrout
  855 F.2d 578· 8th Cir.· 1988-08-29 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court properly dismissed the successive habeas corpus petition under Rule 9(b) because prior petitions were decided on the merits and the ends of justice did not require reaching the merits of the current petition.
• Wright v. A.L. Lockhart
  854 F.2d 309· 8th Cir.· 1988-08-17 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's claims were either procedurally barred or without merit, and thus affirmed the denial of his habeas corpus petition.
• Buffalo v. Sunn
  854 F.2d 1158· 9th Cir.· 1988-08-16 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court erred in resolving a factual dispute regarding 'cause' for a procedural default based solely on conflicting affidavits, and therefore, a remand for an evidentiary hearing is required.
• Collin Montgomery v. United States
  853 F.2d 83· 2d Cir.· 1988-07-28 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a guilty plea to conspiracy to distribute heroin lacked an adequate factual basis because the defendant only admitted to conspiring with government agents or informants, not with a non-government individual as required by law.
• Lorin Andre v. Guste
  850 F.2d 259· 5th Cir.· 1988-07-28 ·cited 6×
  A petitioner cannot avoid dismissal of a successive habeas petition under Rule 9(b) by simply refiling the same petition after failing to appeal the dismissal of the first petition.
• Ciro Gargano v. United States
  852 F.2d 886· 7th Cir.· 1988-07-26 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel because his counsel's advice to plead guilty was within the range of professional competence and he failed to show prejudice.
• Escalera v. Coombe
  852 F.2d 45· 2d Cir.· 1988-07-13 ·cited 6×
  The court held that the record was insufficient to determine if the attorney's failure to comply with the alibi notice statute was willful, requiring a remand for an evidentiary hearing under the standards set by Taylor v. Illinois.
• Herring v. Dugger
  528 So. 2d 1176· Fla.· 1988-06-23 ·cited 6×·via Writ Of Habeas Corpus
  Ted Herring petitioned for habeas corpus relief after his conviction and death sentence for first-degree murder, claiming ineffective assistance of appellate counsel in failing to raise nine issues on direct appeal. The Florida Supreme Court denied the petition, finding only two
• Jackson v. Dugger
  529 So. 2d 1081· Fla.· 1988-06-16 ·cited 6×
  Carl Jackson challenges his death sentence under Hitchcock v. Dugger, arguing the trial court erroneously instructed the jury to consider only statutorily enumerated mitigating circumstances. The Florida Supreme Court finds the Hitchcock error was harmless beyond a reasonable dou
• Gilliard v. Scroggy
  847 F.2d 1141· 5th Cir.· 1988-06-14 ·cited 6×
  The court held that the prisoner's guilty plea was knowing and voluntary, his counsel was not ineffective, and the prosecutor's remarks did not taint the sentencing hearing.
• Thomas v. Dugger
  846 F.2d 669· 11th Cir.· 1988-06-07 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court erred in limiting the scope of the remand to only laches and early parole, and that the plea discrepancy issue was not properly adjudicated below.
• Cook v. Norm Maleng
  847 F.2d 616· 9th Cir.· 1988-06-02 ·cited 6×
  A prisoner is considered 'in custody' for habeas corpus purposes to challenge a prior conviction if that conviction was used to enhance a current or future sentence, even if the sentence for the prior conviction has expired.
• Kramer v. Butler
  845 F.2d 1291· 5th Cir.· 1988-05-26 ·cited 6×
  The court held that the petitioner did not receive ineffective assistance of counsel and the district court did not abuse its discretion in denying a motion to dismiss without prejudice.
• Scott v. Dugger
  686 F. Supp. 1488· S.D. Fla.· 1988-05-26 ·cited 6×
  The court denied the petition for writ of habeas corpus, finding no basis for federal relief and lifting the stay of execution.
• Alphonso McBRIDE v. State
  524 So. 2d 1113· Fla. 4th DCA· 1988-05-11 ·cited 6×
  McBride appealed the trial court's denial of his motion for post-conviction relief, arguing the court erred by denying it based on the two-year filing deadline. Although the appellate court agreed the trial court used the wrong reason for denial, it affirmed the denial because th
• Brown v. Lynaugh
  843 F.2d 849· 5th Cir.· 1988-05-02 ·cited 6×·via Habeas Corpus Petition
  The court held that allowing the presiding trial judge to testify as a witness for the state violated the defendant's due process right to a fundamentally fair trial.
• Johnson v. Chrans
  844 F.2d 482· 7th Cir.· 1988-04-21 ·cited 6×·via Habeas Corpus Petition
  The court held that the trial court did not err in excluding hearsay evidence because Illinois' interest in applying its evidentiary rules to exclude untrustworthy evidence substantially outweighed the defendant's right to present the statements, and the excluded evidence lacked
• Lowenfield v. Butler
  843 F.2d 183· 5th Cir.· 1988-04-12 ·cited 6×·via Habeas Corpus Petition
  The dissenting judge would grant a stay and remand for the district court to make a finding on whether the petitioner is entitled to a hearing on his competence to be executed.
• Bergen McNEELEY v. Arvon Arave
  842 F.2d 230· 9th Cir.· 1988-03-17 ·cited 6×
  The court held that the appellant failed to exhaust state remedies by not petitioning the Idaho Supreme Court for review, and the district court did not abuse its discretion in failing to certify the issue.
• Ward v. A.L. Lockhart
  841 F.2d 844· 8th Cir.· 1988-03-09 ·cited 6×·via Habeas Corpus Petition
  The court held that the evidence was insufficient to support the burglary conviction, violating due process, and that the case should be remanded for an evidentiary hearing on claims of ineffective assistance of counsel and improper sentencing.
• Riley Bradford White v. Meachum
  838 F.2d 1137· 10th Cir.· 1988-02-05 ·cited 6×
  The court held that the prisoner must exhaust state remedies by seeking review in the Oklahoma Court of Criminal Appeals before filing a federal habeas corpus petition.
• Williams v. State
  519 So. 2d 723· Fla. 5th DCA· 1988-02-04 ·cited 6×
• Holtan v. Black
  838 F.2d 984· 8th Cir.· 1988-02-04 ·cited 6×·via Habeas Corpus Petition
  The court vacated the district court's ruling on the unconstitutionality of the death penalty statute as applied, finding the issue not ripe for review, and remanded the case for state court determination of aggravating circumstances.
• Campbell v. Fair
  838 F.2d 1· 1st Cir.· 1988-01-26 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioners' constitutional rights were not violated by the prosecution's conduct regarding a key witness or by the sufficiency of the evidence against petitioner Doherty.
• Cooper v. Sowders
  837 F.2d 284· 6th Cir.· 1988-01-21 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the cumulative effect of trial errors, including improper expert testimony, bolstering of an informant's credibility, and judicial comments, rendered the petitioner's trial fundamentally unfair and a violation of due process.
• United States v. Garcia-Gutierrez
  835 F.2d 585· 5th Cir.· 1988-01-12 ·cited 6×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  The court held that a federal sentence cannot be credited for time served in state custody on an unrelated offense prior to the federal detainer or federal sentence, absent specific federal designation of the state facility.
• Schneider v. Lynaugh
  835 F.2d 570· 5th Cir.· 1988-01-12 ·cited 6×·via Habeas Corpus Petition
  When a defendant introduces testimony concerning his mental state, even from non-psychiatric witnesses, the prosecution may rebut this evidence with testimony from a court-appointed psychiatrist, as the defendant waives his Fifth Amendment privilege against self-incrimination.
• Errol B. Resnick v. United States Parole Comm'n
  835 F.2d 1297· 10th Cir.· 1987-12-21 ·cited 6×·via Habeas Corpus Petition
  The court held that applying the parole statute and guidelines in effect at the time of the parole hearings, rather than at the time of the offenses, did not violate the ex post facto clause or due process rights, as the denial was based on the seriousness of the offenses and had
• United States v. Lane
  834 F.2d 645· 7th Cir.· 1987-11-24 ·cited 6×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or other constitutional violations, and therefore, the denial of his habeas corpus petition was affirmed.
• Rickie Cole v. Lane
  830 F.2d 104· 7th Cir.· 1987-10-02 ·cited 6×·via Habeas Corpus Petition
  A confession is voluntary if it is the product of an essentially free and unconstrained choice, even if a promise of leniency was made, provided the totality of circumstances do not show the defendant's will was overborne.
• Plunkett v. Johnson
  828 F.2d 954· 2d Cir.· 1987-09-15 ·cited 6×
  The court held that Granberry v. Greer does not require review of unexhausted habeas corpus claims absent exceptional circumstances of peculiar urgency.
• Sterling Rault, Sr. v. Butler
  826 F.2d 299· 5th Cir.· 1987-08-19 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, and therefore denied his application for a certificate of probable cause and stay of execution.
• King v. Hoke
  825 F.2d 720· 2d Cir.· 1987-08-06 ·cited 6×
  A sentencing judge's incorrect understanding of a defendant's minimum statutory parole eligibility date, if it materially influences the sentence, violates due process.
• Battle v. U.S. Parole Comm'n
  834 F.2d 419· 5th Cir.· 1987-07-10 ·cited 6×
  The U.S. Parole Commission has the legal authority to supervise and revoke a special parole term, and can impose such a term consecutively to a new sentence.
• Wasko v. Vasquez
  820 F.2d 1090· 9th Cir.· 1987-06-29 ·cited 6×·via Habeas Corpus Petition
  The court held that the Department of Corrections incorrectly altered Wasko's sentence for escape from local custody, and the correct sentence length should be eight months as originally imposed by the sentencing court.
• Green v. McCALL
  822 F.2d 284· 2d Cir.· 1987-06-24 ·cited 6×·via Habeas Corpus Petition
  The court held that post-Drayton Supreme Court decisions have not undermined Drayton's conclusion that a parole grantee has a protectable liberty interest, nor have they invalidated the procedural due process requirements established in Drayton for parole rescission hearings.
• Elliott Rod Johnson v. Lynaugh
  821 F.2d 224· 5th Cir.· 1987-06-23 ·cited 6×
  The court denied the application for a certificate of probable cause and a stay of execution, affirming the lower court's denial of habeas corpus relief.
• Alton Carol Franks v. Alford
  820 F.2d 345· 10th Cir.· 1987-06-05 ·cited 6×
  The appellate court's modification of a first-degree felony murder conviction to second-degree murder, without a jury finding the elements of second-degree murder, violates the defendant's Sixth and Fourteenth Amendment right to a jury trial.
• Landry v. Judge J. Robert Hoepfner and William Guste, Jr.
  818 F.2d 1169· 5th Cir.· 1987-06-03 ·cited 6×·via Habeas Corpus Petition
  The Sixth Amendment does not require a jury trial for Driving While Intoxicated (DWI) offenses if the maximum possible punishment does not exceed that for petty offenses.
• Hulstine v. Morris
  819 F.2d 861· 8th Cir.· 1987-05-28 ·cited 6×
  The court held that the petitioner did not receive ineffective assistance of counsel and the felony information was not defective, as he understood the charges and consequences of his guilty plea.
• Barnes v. Lynaugh
  817 F.2d 336· 5th Cir.· 1987-05-22 ·cited 6×·via Habeas Corpus Petition
  The court held that the defendant suffered no prejudice from the state's failure to timely disclose a medical report, and his claims of ineffective assistance of counsel and denial of appeal were without merit.
• Potts v. Kemp
  814 F.2d 1512· 11th Cir.· 1987-03-30 ·cited 6×·via Habeas Corpus Petition
  A jury instruction creating a mandatory rebuttable presumption of intent is unconstitutional, but such an error can be harmless if the evidence of guilt is overwhelming.
• Hayden v. United States
  814 F.2d 888· 2d Cir.· 1987-03-27 ·cited 6×·via Habeas Corpus Petition
  The court held that the habeas corpus petitioners failed to present sufficient specific facts, supported by competent evidence, to warrant a full evidentiary hearing on their claims of jury tampering through bribery.
• United States ex rel. John Shiflet v. Lane
  815 F.2d 457· 7th Cir.· 1987-03-25 ·cited 6×·via Writ Of Habeas Corpus
  The court held that federal habeas review of the Fourth Amendment claim was precluded by Stone v. Powell, and the Sixth Amendment right to counsel had not attached at the time of the investigator's disclosure.
• United States v. O'Grady
  812 F.2d 347· 7th Cir.· 1987-02-20 ·cited 6×·via Habeas Corpus Petition
  The court affirmed the district court's decision, finding the state court's bail determination was not arbitrary and thus not a violation of the Eighth Amendment.
• McCULLUM v. State
  498 So. 2d 1374· Fla. 3d DCA· 1986-12-23 ·cited 6×
  Roy McCullum was convicted of conspiracy to commit armed robbery and robbery without a firearm, and sentenced to two concurrent 15-year terms—a substantial departure from the sentencing guidelines' recommended 3.5 to 4.5 years. The court vacated the sentence and remanded for rese
• Wilkerson v. Wyrick
  806 F.2d 161· 8th Cir.· 1986-11-24 ·cited 6×·via Habeas Corpus Petition
  The court held that the defendant had sufficient notice that he could be convicted of second-degree murder, even though he was charged with first-degree murder, due to Missouri's statutory scheme and case law.