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

• Bransford v. Brown
  806 F.2d 83· 6th Cir.· 1986-11-20 ·cited 6×
  The unavailability of jury instruction transcripts is not a per se violation of due process, and a defendant must demonstrate prejudice from the missing transcripts or counsel's failure to obtain them to succeed on appeal.
• Krist v. Foltz
  804 F.2d 944· 6th Cir.· 1986-11-06 ·cited 6×
  The court held that the petitioner's claims of ineffective assistance of counsel and denial of the right to counsel were without merit, and the state court's findings were entitled to deference.
• DIX v. Kemp
  804 F.2d 618· 11th Cir.· 1986-10-28 ·cited 6×·via Habeas Corpus Petition
  The court held that a jury instruction impermissibly shifting the burden of proof on intent, in violation of Sandstrom v. Montana, was not harmless error when the defendant raised an insanity defense, as intent remained a critical issue.
• Davis v. Wainwright
  644 F. Supp. 269· M.D. Fla.· 1986-09-23 ·cited 6×
  The court held that a pattern of deliberate delay in filing habeas corpus petitions, particularly when timed to occur shortly before a scheduled execution, constitutes an abuse of the writ, justifying denial of the petition and stay requests.
• Vandenberg v. Rodgers
  801 F.2d 377· 10th Cir.· 1986-09-23 ·cited 6×
  The court held that the appeal is moot because the appellant has been released from custody and no longer suffers any direct consequences from the challenged parole delay.
• Hardwick v. Louie L. Wainwright
  496 So. 2d 796· Fla.· 1986-09-22 ·cited 6×
  The court denied the petition for a writ of habeas corpus and stay of execution, finding no ineffective assistance of appellate counsel and that the claim regarding arbitrary application of the death penalty was procedurally barred.
• Reese v. Frey
  801 F.2d 348· 8th Cir.· 1986-09-18 ·cited 6×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the appellant's claims of prosecutorial suppression of exculpatory evidence and ineffective assistance of counsel were without merit, and thus the denial of his habeas corpus petition was affirmed.
• Hickey v. Baxter
  800 F.2d 430· 4th Cir.· 1986-09-15 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the Parental Kidnapping Prevention Act (PKPA) allows federal courts to enforce one of two conflicting state custody orders, and the traditional domestic relations exception does not apply to such actions.
• Jefferies v. Louie L. Wainwright
  794 F.2d 1516· 11th Cir.· 1986-07-25 ·cited 6×
  Denial of a free transcript to an indigent defendant is unconstitutional only if the transcript is valuable to the defense and no functional alternatives exist.
• Anderson v. United States Parole Comm'n
  793 F.2d 1136· 9th Cir.· 1986-07-10 ·cited 6×·via Habeas Corpus Petition
  The Parole Commission violated the Parole Commission and Reorganization Act by relying on information in the Presentence Investigation Report that was not made accessible to the prisoner before his parole hearing.
• Nance v. Benson
  794 F.2d 1325· 8th Cir.· 1986-07-03 ·cited 6×·via Habeas Corpus Petition
  The court held that the appellant failed to demonstrate an actual conflict of interest or that his counsel's performance was deficient and prejudicial, thus affirming the denial of habeas corpus relief.
• United States ex rel. Gilbert Rivera v. Franzen
  794 F.2d 314· 7th Cir.· 1986-07-02 ·cited 6×
  The court held that defense counsel is not constitutionally required to investigate a client's mental capacity in every case, absent circumstances putting counsel on notice.
• Garris v. Lindsay
  794 F.2d 722· D.C. Cir.· 1986-07-01 ·cited 6×
  The court held that a certificate of probable cause is a mandatory jurisdictional prerequisite for a habeas corpus appeal, and appellant's failure to obtain one, coupled with the adequacy of the local remedy, warrants dismissal.
• Fitzpatrick v. Louie L. Wainwright
  490 So. 2d 938· Fla.· 1986-06-26 ·cited 6×
  The court held that appellate counsel's failure to argue the trial court's error in allowing the state to present anticipatory rebuttal evidence regarding a waived mitigating circumstance constituted ineffective assistance of counsel.
• Collins v. Kemp
  792 F.2d 987· 11th Cir.· 1986-06-09 ·cited 6×·via Habeas Corpus Petition
  The court stayed the inmate's execution pending further order to allow full briefing on the retroactivity of Michigan v. Jackson and the impact of Clark v. Rose.
• Griffin v. Tim West and the Attorney General of Oklahoma
  791 F.2d 1578· 10th Cir.· 1986-06-03 ·cited 6×
  The court held that the petitioner failed to demonstrate prejudice from his counsel's failure to file an appellate brief, as the conviction would have been affirmed on its merits.
• Hoggart v. Louie L. Wainwright
  490 So. 2d 129· Fla. 1st DCA· 1986-05-15 ·cited 6×
  Hoggart filed an untimely appeal of a post-conviction relief denial but obtained a writ of habeas corpus for belated appeal after the trial court failed to inform him of his appeal rights. The appellate court reversed the erroneous trial court order and remanded for reconsiderati
• Robards v. Rees
  789 F.2d 379· 6th Cir.· 1986-04-25 ·cited 6×
  The Sixth Circuit affirmed the denial of the habeas corpus petition, holding that the state trial court did not abuse its discretion in denying the defendant's untimely request to proceed pro se and that the use of prior convictions did not violate double jeopardy or constitution
• Rodriguez v. Scully
  788 F.2d 62· 2d Cir.· 1986-04-09 ·cited 6×·via Application For Writ Of Habeas Corpus
  The court affirmed the denial of the habeas corpus petition, but held that the district court should not have reached the merits due to procedural default.
• Wilson v. Norris McMACKEN
  786 F.2d 216· 6th Cir.· 1986-03-17 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's claims of ineffective assistance of counsel, erroneous jury instructions, conviction against the manifest weight of the evidence, and denial of an evidentiary hearing/new trial were without merit.
• Cook v. Bilia Morrill
  783 F.2d 593· 5th Cir.· 1986-02-26 ·cited 6×
  The Sixth Amendment right to a trial in the district where the crime was committed does not apply to state prosecutions, and a change of venue in a state case does not violate due process unless it results in a conviction obtained without due process.
• Horace v. Louie L. Wainwright
  781 F.2d 1558· 11th Cir.· 1986-02-14 ·cited 6×
• United States v. Raetzsch
  781 F.2d 1149· 5th Cir.· 1986-02-05 ·cited 6×·via Habeas Corpus Petition
  An unsupported allegation of an unkept plea bargain does not merit an evidentiary hearing when the plea statements to the contrary were not given under oath, especially when raised late and inconsistent with prior statements.
• Carroll Harland Williams v. Raines
  783 F.2d 774· 9th Cir.· 1986-01-09 ·cited 6×
  The court held that a guilty plea is voluntary and counsel is effective even if the defendant does not specifically recall being told the definition of malice, provided the elements were generally explained and the defendant affirmed understanding.
• Flowers v. Blackburn
  779 F.2d 1115· 5th Cir.· 1986-01-08 ·cited 6×·via Habeas Corpus Petition
  The court held that the jury instructions in the first-degree murder trial impermissibly relieved the state of its burden to prove the defendant's specific intent to kill, violating due process.
• Harris v. Scully
  779 F.2d 875· 2d Cir.· 1985-12-19 ·cited 6×·via Habeas Corpus Petition
  The court held that the trial court did not err in refusing to instruct the jury on justification as it relates to defense of third parties, nor in refusing to instruct on second degree manslaughter.
• Hyman v. Aiken
  777 F.2d 938· 4th Cir.· 1985-11-25 ·cited 6×
  The court held that the jury instructions regarding the death penalty were erroneous because they allowed for its imposition on an aider and abettor without requiring a finding of intent to kill, violating the Eighth and Fourteenth Amendments.
• Jones v. Richards
  776 F.2d 1244· 4th Cir.· 1985-11-12 ·cited 6×
  The court held that the use of private attorneys to assist in a criminal prosecution, even while representing civil plaintiffs against the defendant, did not violate the defendant's constitutional right to an impartial prosecutor under the facts presented.
• Griffin v. Aiken
  775 F.2d 1226· 4th Cir.· 1985-10-28 ·cited 6×
  The court held that the appellant did not demonstrate circumstances justifying a presumption of ineffective assistance of counsel, nor did he meet the Strickland standard for deficient performance and prejudice. Furthermore, his due process and Fourth/Fifth Amendment claims were
• Istvan Kele v. United States Parole Comm'n
  775 F.2d 243· 8th Cir.· 1985-10-15 ·cited 6×
  The court held that the Parole Commission complied with the district court's order to provide a new parole hearing, and its subsequent decision was not an abuse of discretion.
• Barney Earl Crutchfield v. Louie L. Wainwright
  772 F.2d 839· 11th Cir.· 1985-10-03 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the district court applied an improper legal standard by presuming prejudice from the denial of access to counsel during a brief recess, and that prejudice must be shown.
• Kuntzelman v. Black
  774 F.2d 291· 8th Cir.· 1985-10-01 ·cited 6×
  The admission of allegedly inflammatory photographs at trial was not so prejudicial as to deny the defendant due process and a fair trial.
• Willis v. Lansome Newsome
  771 F.2d 1445· 11th Cir.· 1985-09-24 ·cited 6×
  The court held that the district court did not err in denying the motion for exhumation or the petition for writ of habeas corpus, as the appellant's ineffective assistance of counsel claims were based on reasonable tactical decisions by his attorneys.
• Bryant v. Louie L. Wainwright
  773 F.2d 276· 11th Cir.· 1985-09-16 ·cited 6×·via Writ Of Habeas Corpus
• Duffy v. Foltz
  772 F.2d 1271· 6th Cir.· 1985-09-13 ·cited 6×·via Habeas Corpus Petition
  The majority's holding that the prosecution must disprove the affirmative defense of insanity as a matter of constitutional law is inconsistent with Supreme Court precedent.
• Dyas v. Art Lockhart
  771 F.2d 1144· 8th Cir.· 1985-08-28 ·cited 6×
  The court held that the district court erred in finding a knowing waiver of the right to an impartial judge and that a hearing on actual prejudice was required.
• United States ex rel. Charles "Chuck" Miller v. Greer
  772 F.2d 293· 7th Cir.· 1985-08-27 ·cited 6×
  The court held that the prosecutor's comment on the petitioner's post-arrest silence violated the Due Process Clause and was not harmless error.
• Richard L. Church v. Kincheloe
  767 F.2d 639· 9th Cir.· 1985-08-01 ·cited 6×
  The dissenting judge believes that counsel's failure to object to an unconstitutional jury instruction and failure to properly present an intoxication defense constituted ineffective assistance of counsel.
• Rose v. Duckworth
  769 F.2d 402· 7th Cir.· 1985-07-29 ·cited 6×·via Habeas Corpus Petition
  The court held that the prosecutor's elicitation of improper testimony, even if careless or reckless, did not impermissibly influence the jury's determination of guilt, and thus federal habeas corpus relief was not warranted.
• Domingo Casillas v. Scully
  769 F.2d 60· 2d Cir.· 1985-07-25 ·cited 6×
  The court held that the state trial court's refusal to give a lesser-included offense charge was not an error of constitutional magnitude, and the appellate court's affirmance did not violate the Ex Post Facto Clause.
• Palmore v. Sidoti
  472 So. 2d 843· Fla. 2d DCA· 1985-07-12 ·cited 6×
  In this custody dispute following a U.S. Supreme Court reversal on constitutional grounds, the Florida appellate court affirmed the trial court's decision to decline jurisdiction and defer to a Texas court for final custody determination. The case addresses the proper forum for r
• Lawrence v. A.L. Lockhart
  767 F.2d 449· 8th Cir.· 1985-07-08 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner failed to establish ineffective assistance of counsel because his attorney's actions were reasonable and he was not prejudiced by the introduction of the 'pen packet'.
• Hezekiah Pittman, Jr. v. Black
  764 F.2d 545· 8th Cir.· 1985-06-18 ·cited 6×·via Habeas Corpus Petition
  The court held that the appellant's statements to police were admissible because he initiated further communication after invoking his right to counsel, and he made a knowing and intelligent waiver of his rights.
• Rone v. Wyrick
  764 F.2d 532· 8th Cir.· 1985-06-14 ·cited 6×·via Habeas Corpus Petition
  A juvenile's confession is admissible if voluntarily made under the totality of the circumstances, even without parental presence, provided the juvenile knowingly and intelligently waived their rights.
• Doyle J. Williams v. Wyrick
  763 F.2d 363· 8th Cir.· 1985-06-06 ·cited 6×
  The court held that motions to recall the mandate are not an adequate or appropriate means of exhausting state remedies for all claims in a federal habeas petition.
• Lamont Hudson v. Moran
  760 F.2d 1027· 9th Cir.· 1985-05-17 ·cited 6×
  A voluntary and intelligent guilty plea generally precludes a defendant from seeking federal habeas corpus relief based on pre-plea constitutional violations, including extradition challenges.
• Stepney v. Lopes
  760 F.2d 40· 2d Cir.· 1985-04-16 ·cited 6×
  The court held that a federal habeas petitioner who procedurally defaulted a constitutional claim in state court must demonstrate cause and prejudice for the default to obtain federal review, even if the state appellate court did not explicitly rule on the default.
• Sacasas v. R.H. Rison
  755 F.2d 1533· 11th Cir.· 1985-03-28 ·cited 6×
  The failure to hold a termination of supervision hearing under 18 U.S.C. § 4211 does not entitle a parolee to release from custody, and the proper remedy is a mandamus action to compel compliance.
• Young v. Kemp
  758 F.2d 514· 11th Cir.· 1985-03-19 ·cited 6×·via Habeas Corpus Petition
  The court held that a successive habeas corpus petition could be dismissed as an abuse of the writ if new claims were deliberately withheld or omitted due to inexcusable neglect, and that the 'ends of justice' did not require relitigation of previously decided claims.
• Ford v. Louie L. Wainwright
  752 F.2d 526· 11th Cir.· 1985-01-17 ·cited 6×·via Habeas Corpus Petition
  The court held that the Florida statute for determining the sanity of a death row inmate meets minimum due process standards, and precedent binds the panel to affirm the denial of the petition.