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

• Eutues White v. Finkbeiner
  753 F.2d 540· 7th Cir.· 1985-01-15 ·cited 6×·via Habeas Corpus Petition
  The government waived its right to contest the retroactive application of the Edwards rule by failing to raise the issue in prior proceedings.
• Dillon v. Duckworth
  751 F.2d 895· 7th Cir.· 1984-12-28 ·cited 6×
  The court held that the defendant received ineffective assistance of counsel due to his attorney's inexperience and personal crises, which led to an arbitrary denial of a continuance, but affirmed the denial of an evidentiary hearing and the trial judge's imposition of the death
• Clark v. L.L. Wainwright
  461 So. 2d 998· Fla. 1st DCA· 1984-12-20 ·cited 6×
  Florida appellate court reversed denial of habeas corpus petition where Parole Commission admitted error in arbitrarily extending inmate's presumptive parole release date without statutory justification.
• Sadler v. Sheriff, Sullivan, Joseph A., Philadelphia Cnty., Patton, Ernest S., Superintendent State Corr. Inst. at Camp Hill & the Attorney Gen. of the State of Pa.
  748 F.2d 820· 3d Cir.· 1984-11-20 ·cited 6×·via Petition For Habeas Corpus Relief
  The Equal Protection Clause does not require Pennsylvania to apply its 180-day prompt trial rule from the date of a juvenile petition filing to a juvenile certified for adult trial.
• Benedict v. Rodgers
  748 F.2d 543· 10th Cir.· 1984-11-13 ·cited 6×·via Habeas Corpus Petition
  The Parole Commission must conduct a release hearing to evaluate a youth offender's response to treatment within a reasonable time after program completion, as prospective consideration of rehabilitation is insufficient under the YCA.
• Peek v. Kemp
  746 F.2d 672· 11th Cir.· 1984-10-26 ·cited 6×·via Habeas Corpus Petition
• Wilson v. Procunier
  747 F.2d 251· 4th Cir.· 1984-10-25 ·cited 6×·via Habeas Corpus Petition
  The court held that the defendant's failure to raise the jury instruction issue on direct appeal constitutes a procedural default for which he has not shown cause.
• Caudill v. Jago
  747 F.2d 1046· 6th Cir.· 1984-10-22 ·cited 6×
  The court held that a guilty plea is not rendered involuntary merely because it was entered to avoid the possibility of a death penalty, and the judge's explanation of potential consequences does not constitute coercion if it is a fair description of alternatives.
• Shapiro v. State
  456 So. 2d 968· Fla. 2d DCA· 1984-10-05 ·cited 6×·via Habeas Corpus Petition
  The appellate court affirmed the trial court's denial of a habeas corpus petition. The court held that the extradition documents from Texas, consisting of an indictment and a capias, were sufficient and did not require a separate warrant authenticated by a committing magistrate.
• Willbright v. Smith
  745 F.2d 779· 2d Cir.· 1984-10-04 ·cited 6×
  The court held that a state trial judge's failure to explicitly inquire into the factual basis of a guilty plea does not violate due process if the totality of the circumstances demonstrates the plea was intelligent and voluntary.
• Hillery Preston v. Maggio
  741 F.2d 99· 5th Cir.· 1984-09-10 ·cited 6×
  Federal habeas relief is denied because the petitioner failed to show actual prejudice from the alleged exclusion of Desire Housing Project residents from his jury venire.
• Dobbert v. Louie L. Wainwright
  742 F.2d 1274· 11th Cir.· 1984-09-06 ·cited 6×·via Habeas Corpus Petition
• Dobbert v. Wainwright
  593 F. Supp. 1418· M.D. Fla.· 1984-09-03 ·cited 6×
  The court held that the state court's findings of fact were presumed correct and supported by the record, and that the petitioner's claims regarding witness testimony reliability and ineffective assistance of counsel lacked merit.
• Thompson v. Housewright
  741 F.2d 213· 8th Cir.· 1984-08-23 ·cited 6×
  The court held that a state prisoner is entitled to a transcript of his entire state trial to support his claim of ineffective assistance of counsel, even if the claim was not perfectly articulated in state court.
• Martin v. The State OF Tex.
  737 F.2d 460· 5th Cir.· 1984-07-18 ·cited 6×·via Habeas Corpus Petition
  The court held that the failure of retained counsel to advise a defendant of their right to appointed counsel on appeal, when the defendant is indigent, constitutes ineffective assistance of counsel.
• Pringle v. Court OF Common Pleas
  744 F.2d 297· 3d Cir.· 1984-07-05 ·cited 6×
  A federal court has jurisdiction to hear a habeas corpus petition challenging a state statute's constitutionality if the petitioner was in custody when the petition was filed, even if a state sentence appeal might later result in a non-custodial sentence.
• Berg v. United States Parole Comm'n
  735 F.2d 378· 9th Cir.· 1984-06-18 ·cited 6×
  The court held that the Parole Commission correctly denied credit for time served on an intervening state conviction and correctly computed the salient factor score for reparole purposes.
• Hosea Lorenzo Williams v. Melton
  733 F.2d 1492· 11th Cir.· 1984-06-07 ·cited 6×·via Habeas Corpus Petition
  The admission of hearsay statements identifying the driver of a car, lacking adequate indicia of reliability, violated the defendant's Sixth Amendment right to confrontation and was not harmless error.
• Weaver v. McKASKLE
  733 F.2d 1103· 5th Cir.· 1984-05-21 ·cited 6×·via Habeas Corpus Petition
  A state prisoner's failure to comply with the state's contemporaneous objection rule procedurally defaults a claim for federal habeas review, absent a showing of cause and prejudice.
• Veneri v. State OF Mo. & Dick Moore
  734 F.2d 391· 8th Cir.· 1984-05-18 ·cited 6×
  The court held that the appellant's claims were cognizable exclusively under 28 U.S.C. § 2254, requiring exhaustion of state remedies, and were also frivolous.
• Nedd v. Louie L. Wainwright
  449 So. 2d 982· Fla. 1st DCA· 1984-05-10 ·cited 6×
  Milton Jerome Nedd petitioned for habeas corpus relief, alleging he was illegally incarcerated beyond his sentence expiration due to misconstruction of his four five-year sentences as consecutive rather than concurrent, and improper crediting of 153 days jail-time to only one sen
• United States v. Walsh
  733 F.2d 31· 6th Cir.· 1984-04-24 ·cited 6×
  The court held that although the imposition of a mandatory parole term not disclosed at the time of a guilty plea can constitute a substantial addition to the bargained-for sentence, a defendant's failure to object to the plea's voluntariness prior to sentencing precludes collate
• Enos Jay Gardner v. Pitchess
  731 F.2d 637· 9th Cir.· 1984-04-20 ·cited 6×·via Writ Of Habeas Corpus
  The court held that while the grant of a writ of habeas corpus was appropriate due to ineffective counsel, the order to dismiss all state charges was overly broad and should be modified.
• Williams v. Maggio
  727 F.2d 1387· 5th Cir.· 1984-03-26 ·cited 6×·via Habeas Corpus Petition
  The court held that while the state trial court erred by not holding a hearing on the voluntariness of the incriminating statement, the error was harmless because the record supported the statement's voluntariness and there was no evidence of coercion.
• Paulson v. Black
  728 F.2d 1164· 8th Cir.· 1984-03-07 ·cited 6×·via Writ Of Habeas Corpus
  A guilty plea is valid if the defendant understands the nature of the charge, even if they do not admit guilt, and the trial court adequately informed them of the charge and its consequences.
• Esposito v. Ira Mintz
  726 F.2d 371· 7th Cir.· 1984-02-10 ·cited 6×·via Habeas Corpus Petition
  A habeas corpus petition challenging only the validity of a state detainer must be brought under 28 U.S.C. § 2254, and the petitioner must exhaust available state remedies.
• Rodriguez v. McKASKLE
  724 F.2d 463· 5th Cir.· 1984-02-06 ·cited 6×·via Habeas Corpus Petition
  A federal court must dismiss a habeas corpus petition if the petitioner has not exhausted all available state remedies, even if an evidentiary hearing has been held in federal court and the merits of the petition have been briefed.
• Timpani v. G.H. Sizer
  732 F.2d 1043· 2d Cir.· 1984-01-20 ·cited 6×
  The court held that the Parole Commission's interpretation and application of its revised guidelines were not arbitrary, capricious, or an ex post facto violation, and thus affirmed the denial of the habeas corpus petition.
• Cunningham v. Henderson
  725 F.2d 32· 2d Cir.· 1984-01-05 ·cited 6×·via Habeas Corpus Petition
  The court held that an appellate counsel's decision not to raise a particular claim, even if colorable, is not ineffective assistance of counsel if it is a reasonable professional judgment.
• Houston v. Mintzes
  722 F.2d 290· 6th Cir.· 1983-11-22 ·cited 6×
  A certificate of probable cause, once issued, brings the entire final judgment before the appellate court for review, regardless of any purported limitations by the issuing court.
• Clement Dently v. Michael P. Lane & the Attorney Gen. of the State of Ill.
  720 F.2d 472· 7th Cir.· 1983-11-01 ·cited 6×
  The court held that a habeas corpus petition should be dismissed as moot when the petitioner has become a fugitive and is no longer in custody.
• Waymare Billups v. Garrison
  718 F.2d 665· 4th Cir.· 1983-10-06 ·cited 6×
  The court held that the trial judge's order to shackle the defendant was an unconstitutional abuse of discretion because less intrusive remedies were available and the factual predicate for the order was mistaken.
• Baker v. W.J. Estelle, Jr.
  715 F.2d 1031· 5th Cir.· 1983-09-30 ·cited 6×
  The court held that a district court must provide a habeas petitioner an opportunity to justify delay in raising claims, and that a conviction based on a guilty plea without corroborating evidence under Texas law does not present a federal constitutional issue cognizable in habea
• King v. Ponte
  717 F.2d 635· 1st Cir.· 1983-09-14 ·cited 6×·via Habeas Corpus Petition
  The court held that the undisclosed exculpatory evidence, even if considered, would not have affected the outcome of the trial, and thus affirmed the denial of the habeas corpus petition.
• Marks v. Rees
  715 F.2d 372· 7th Cir.· 1983-08-24 ·cited 6×
  The court held that a federal district court in Indiana lacked jurisdiction to hear a habeas petition challenging a prior Indiana conviction, as the petitioner was in custody in Kentucky and Indiana had no interest in his present confinement.
• Russie v. United States Dep't OF Just.
  708 F.2d 1445· 9th Cir.· 1983-06-23 ·cited 6×
  The court held that the 180-day limitation in 18 U.S.C. § 4164 does not apply to special parole terms, and a mistakenly issued notice of discharge does not estop the Parole Commission from acting on a valid warrant.
• Haar v. Hanrahan
  708 F.2d 1547· 10th Cir.· 1983-06-01 ·cited 6×
  A defendant is entitled to a jury trial for multiple petty offenses arising from the same transaction only if they are actually threatened at the commencement of trial with an aggregate potential penalty of greater than six months imprisonment.
• Prado McGEE, Jr. v. W.J. Estelle, Jr.
  704 F.2d 764· 5th Cir.· 1983-05-09 ·cited 6×
• Stumbo v. Seabold
  704 F.2d 910· 6th Cir.· 1983-04-13 ·cited 6×·via Petition For Habeas Corpus Relief
  The court held that egregious prosecutorial misconduct, particularly when evidence of guilt is weak, deprives a defendant of a fundamentally fair trial and due process of law.
• Pool v. Wyrick
  703 F.2d 1064· 8th Cir.· 1983-04-06 ·cited 6×
  The court held that a significant delay in state post-conviction proceedings may justify waiving the exhaustion requirement for federal habeas corpus relief and that a § 1983 claim based on such delay becomes ripe when the state proceedings are resolved or a specific timeframe ex
• Jones v. W.J. Estelle, Jr.
  699 F.2d 793· 5th Cir.· 1983-03-11 ·cited 6×
  The court held that the district court's finding of abuse of the writ was not supported by the evidence and must be reversed.
• Williams v. Louie L. Wainwright
  428 So. 2d 725· Fla. 1st DCA· 1983-03-09 ·cited 6×
• Wassall v. Honorable Judge J. Brendon Ryan
  705 F.2d 970· 8th Cir.· 1983-02-28 ·cited 6×
  Reprosecution is not barred by the Double Jeopardy Clause when the prosecutor's conduct, even if leading to a mistrial, was not intended to provoke the defendant into moving for a mistrial.
• Zelenka v. Israel
  699 F.2d 421· 7th Cir.· 1983-02-09 ·cited 6×
  The court held that a federal habeas petition must be dismissed if it contains any unexhausted claims, even if other claims are exhausted.
• Barefoot v. W.J. Estelle, Jr.
  697 F.2d 593· 5th Cir.· 1983-01-20 ·cited 6×·via Habeas Corpus Petition
  The court held that the admission of psychiatric testimony on future dangerousness was not a constitutional violation, and the state court had jurisdiction to resentence. Therefore, the motion to stay execution was denied.
• Hiram B. Bailey v. Oliver
  695 F.2d 1323· 11th Cir.· 1983-01-17 ·cited 6×
  The court held that the petitioner's third habeas corpus petition was properly denied as successive, because the grounds were previously adjudicated after an evidentiary hearing and the ends of justice did not require further consideration.
• Williams v. Maggio
  695 F.2d 119· 5th Cir.· 1983-01-10 ·cited 6×·via Habeas Corpus Petition
  The court held that the evidence presented at trial was sufficient to support a finding of guilt beyond a reasonable doubt and that the defendant received effective assistance of counsel.
• Williams v. Bordenkircher
  696 F.2d 464· 6th Cir.· 1983-01-03 ·cited 6×
  The court held that the trial court did not err by failing to sua sponte hold an evidentiary hearing on the appellant's competency to plead guilty, as the appellant's remarks did not create substantial doubt.
• Hammer v. Meachum
  691 F.2d 958· 10th Cir.· 1982-10-27 ·cited 6×
  A state prisoner's knowing and informed bypass of state procedures, including failure to appeal, precludes federal habeas corpus relief.
• Towndrow v. Henderson
  692 F.2d 262· 2d Cir.· 1982-10-26 ·cited 6×
  The court affirmed the dismissal of the habeas corpus petition, finding that the claims raised were either unexhausted or forfeited due to failure to present them on direct appeal.