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

• United States ex rel. Theodore Ross v. Franzen
  688 F.2d 1181· 7th Cir.· 1982-09-24 ·cited 6×
  The court held that the trial court's failure to submit a straight 'not guilty' verdict form to the jury violated the defendant's Sixth and Fourteenth Amendment rights to have a jury determine guilt beyond a reasonable doubt.
• Rupert Ray Dixon v. Dupnik
  688 F.2d 682· 9th Cir.· 1982-09-23 ·cited 6×
  The court held that prosecuting an individual under Arizona Revised Statutes section 13-3970 for committing a felony while released on recognizance, after conviction for the underlying felony, violates the Double Jeopardy Clause because the conviction subsumes the elements of the
• Hernandez v. United States Attorney General
  689 F.2d 915· 10th Cir.· 1982-09-22 ·cited 6×
  The court held that a federal prisoner not in the custody of the Attorney General cannot compel the Bureau of Prisons to contract for treatment services under the Federal Youth Corrections Act.
• Jensen v. Satran
  688 F.2d 76· 8th Cir.· 1982-09-20 ·cited 6×
  The court affirmed the dismissal of the habeas corpus petition, finding no material issue of fact and that the prison disciplinary procedures were not constitutionally infirm.
• Hanahan v. Luther
  693 F.2d 629· 7th Cir.· 1982-08-27 ·cited 6×
  The court held that the district court correctly applied the rational basis standard of review for parole revocation decisions and that any procedural errors were harmless.
• Gentry v. Ellis C. MacDOUGALL
  685 F.2d 322· 9th Cir.· 1982-08-24 ·cited 6×
  The court held that Arizona law authorized consecutive sentences for multiple deaths from a single act of drunk driving, and the Double Jeopardy Clause does not prohibit such legislative authorization.
• Wilson v. Eastmoore
  419 So. 2d 673· Fla. 5th DCA· 1982-08-18 ·cited 6×·via Writ Of Habeas Corpus
  Florida's Fifth District Court of Appeal denied a writ of prohibition challenging a federal district court's order requiring retrial of a defendant convicted of assault on a law enforcement officer. Although the state court disagreed with the federal court's reversal of its own p
• Lewis v. Boone
  418 So. 2d 319· Fla. 1st DCA· 1982-07-29 ·cited 6×
  Donald Lewis challenged his detention for 32 days under Florida's Uniform Interstate Extradition Act, arguing that failure to serve him with a governor's warrant or recommit him within 30 days violated the statute and entitled him to habeas corpus relief. The Florida District Cou
• Houston v. Housewright
  678 F.2d 757· 8th Cir.· 1982-05-20 ·cited 6×
  The court held that the appellant's failure to file a timely appeal was due to his own inaction, not ineffective assistance of counsel, and affirmed the denial of his habeas corpus petition.
• United States ex rel. John Kirk v. Dir., Dep't OF Corr., State OF Ill.
  678 F.2d 723· 7th Cir.· 1982-05-19 ·cited 6×·via Habeas Corpus Petition
  The rule forbidding trial judges from inquiring as to the jury's numerical division, established in Brasfield v. United States, is an exercise of the Supreme Court's supervisory jurisdiction over federal courts and is not binding on the states through the Fourteenth Amendment.
• Elbert James Hinkle v. Scurr
  677 F.2d 667· 8th Cir.· 1982-05-12 ·cited 6×·via Petition For Habeas Corpus Relief
  The court held that the appellant's claims regarding inadequate psychiatric examination, ineffective assistance of counsel, and an improper jury instruction on voluntary intoxication did not warrant habeas corpus relief.
• United States ex rel. David G. Stevens v. The Cir. Court OF Milwaukee Cnty.
  675 F.2d 946· 7th Cir.· 1982-04-20 ·cited 6×·via Habeas Corpus Petition
  A federal court should not grant pretrial habeas corpus relief to enjoin a state criminal trial on double jeopardy grounds when the defendant has not yet undergone a trial, even if a prior guilty plea was entered.
• Briguglio v. United States
  675 F.2d 81· 3d Cir.· 1982-04-02 ·cited 6×
  The court held that the petitioner was entitled to an evidentiary hearing on his claims of an actual conflict of interest by his trial counsel.
• Roche v. Sizer
  675 F.2d 507· 2d Cir.· 1982-04-01 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's federal sentence commenced when he was received into federal custody, not from the date of his federal sentencing while in state custody.
• Wade v. Lockhart
  674 F.2d 721· 8th Cir.· 1982-03-31 ·cited 6×
  The court held that while the exhaustion requirement for state remedies is not excused, the district court should not have dismissed the petition due to the significant and unexplained delay in state court proceedings.
• Ford v. Parratt
  673 F.2d 232· 8th Cir.· 1982-03-15 ·cited 6×
  The dissenting judge would affirm the district court's denial of habeas corpus relief, finding no demonstrated prejudice from counsel's alleged failure to investigate a rumor.
• Beryl Eaton v. Holbrook
  671 F.2d 670· 1st Cir.· 1982-03-05 ·cited 6×
  The court held that the district court improperly exercised its discretion in granting bail pending habeas corpus review because the appellee had not clearly demonstrated exhaustion of state remedies for her federal constitutional claim.
• Arias v. Rogers
  676 F.2d 1139· 7th Cir.· 1982-02-11 ·cited 6×
  Once deportation proceedings have commenced with reasonable promptness after an arrest, the legality of an alien's detention can no longer be tested via a habeas corpus proceeding.
• Turoso v. The Cleveland Mun. Court
  674 F.2d 486· 6th Cir.· 1982-02-04 ·cited 6×·via Habeas Corpus Petition
  The dissenting judge argues that the majority's attempt to save the Ohio obscenity statute by reinterpreting it is unconstitutional and violates the First Amendment.
• Dobbert v. Strickland
  532 F. Supp. 545· M.D. Fla.· 1982-01-30 ·cited 6×
  The court held that there was sufficient evidence to support a finding of premeditation for first-degree murder and that the admission of marital and collateral crimes evidence did not violate constitutional rights. The sentencing procedures were also found to be constitutional.
• Moore v. Wyrick
  668 F.2d 1007· 8th Cir.· 1982-01-27 ·cited 6×
  The court held that the district court erred in dismissing the habeas corpus petition for failure to exhaust state remedies without determining if the claim was previously considered or if further exhaustion would be futile.
• Boothe v. Superintendent, Woodbourne Corr. Facility & Honorable Robert Abrams, Attorney Gen. of the State of N.Y.
  656 F.2d 27· 2d Cir.· 1981-08-06 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner failed to exhaust his state remedies regarding the claim that the state denied him due process by failing to provide funds for electronic monitoring equipment.
• Otha Lee Conley v. Off. of the Pub. Def.
  653 F.2d 1241· 8th Cir.· 1981-07-21 ·cited 6×·via Habeas Corpus Proceedings
  Witnesses are absolutely immune from civil rights actions under 42 U.S.C. § 1983 for testimony given in judicial proceedings.
• Foster v. Strickland
  517 F. Supp. 597· N.D. Fla.· 1981-07-02 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's counsel provided effective assistance, and that federal review of the state court's competency determination was foreclosed by procedural default.
• Jackson v. Garrison
  677 F.2d 371· 4th Cir.· 1981-06-23 ·cited 6×
  The court held that the exclusion of polygraph evidence and the limitation on out-of-state witnesses did not violate constitutional rights, reversing the grant of habeas corpus.
• United States v. Ferri
  652 F.2d 325· 3d Cir.· 1981-06-18 ·cited 6×
  The court vacated its prior judgment and remanded the case to the district court for further consideration of the appellant's ex post facto claim, particularly in light of recent sentencing adjustments and the Supreme Court's decision in Weaver v. Graham.
• Lonberger v. Jago
  651 F.2d 447· 6th Cir.· 1981-06-11 ·cited 6×·via Habeas Corpus Petition
  A federal court must explain its reasons for departing from state court findings of fact in a habeas corpus suit, and a prior conviction used as a specification for a greater offense is constitutionally infirm if the guilty plea to the prior offense was not intelligently made.
• Weeks v. Wyrick
  638 F.2d 690· 8th Cir.· 1981-04-20 ·cited 6×
  The appeal is dismissed as moot because the underlying direct appeal of the conviction has concluded, rendering the issue of bail pending appeal no longer a live controversy.
• Guzman v. Morris
  644 F.2d 1295· 9th Cir.· 1981-04-16 ·cited 6×
  The court held that the recalculation of a prisoner's release date under California's Determinate Sentencing Law, even if considering prior convictions dismissed as part of a plea bargain, does not violate the plea bargain or due process, as the DSL procedure is administrative an
• United States ex rel. John Morgan Burton, III v. Greer
  643 F.2d 466· 7th Cir.· 1981-03-09 ·cited 6×
  The court held that the petitioner was not denied effective appellate review because the missing portion of the transcript was not germane to any issue that could have been raised on appeal.
• Spiegel v. Sandstrom
  637 F.2d 405· 5th Cir.· 1981-02-19 ·cited 6×·via Habeas Corpus Petition
  A prior conviction, even if pending appeal, cannot be used for impeachment or to enhance punishment if it was constitutionally invalid.
• In re Cloyce Gilbert Little Light v. Crist
  649 F.2d 682· 9th Cir.· 1981-02-17 ·cited 6×·via Habeas Corpus Petition
  The court held that the area of Hardin, Montana, was disestablished from the Crow Reservation, granting Montana courts jurisdiction, but remanded for further proceedings on claims of involuntary plea and lack of counsel.
• Camillo v. Wyrick
  640 F.2d 931· 8th Cir.· 1981-02-09 ·cited 6×·via Habeas Corpus Petition
  The court held that the district court did not err in denying the habeas corpus petition, as the totality of the circumstances demonstrated the guilty plea was voluntary and the state court's findings were supported by the record.
• Bonnett v. Solem
  640 F.2d 125· 8th Cir.· 1981-01-30 ·cited 6×
  The court held that the jury instruction did not create an unconstitutional presumption, thus the petitioner's due process rights were not violated.
• LaVern L. Zaehringer v. Lou V. Brewer
  635 F.2d 734· 8th Cir.· 1980-12-24 ·cited 6×
  The court held that while televising the sentencing hearing violated due process, the petitioner failed to demonstrate actual prejudice to his guilty pleas or sentencing outcome. The court affirmed the denial of the habeas corpus petition.
• Bell v. Perini
  635 F.2d 575· 6th Cir.· 1980-12-12 ·cited 6×
• Bear v. McCALL
  648 F.2d 546· 9th Cir.· 1980-11-21 ·cited 6×
  The quashing of an unexecuted parole violation warrant due to a failure to provide a prompt hearing does not bar the issuance of a second warrant when the parolee is serving an intervening state sentence.
• Navedo v. Preisser
  630 F.2d 636· 8th Cir.· 1980-09-22 ·cited 6×
  The court held that the Iowa statute's gender-based classification, which punished males over twenty-five for sexual intercourse with a sixteen-year-old female but not females over twenty-five for intercourse with a sixteen-year-old male, violated the Equal Protection Clause beca
• United States v. Scott
  625 F.2d 623· 5th Cir.· 1980-09-10 ·cited 6×
  A defendant seeking to vacate a guilty plea based on misinformation about the maximum sentence must show prejudice, meaning they would not have pled guilty had they been properly informed.
• Anaya v. Romero
  627 F.2d 226· 10th Cir.· 1980-08-27 ·cited 6×
  The court held that a party waives the right to object to a substitute magistrate making findings if they do not object in the district court. The court also found the prosecutor's comment did not render the trial constitutionally infirm.
• Landrum v. Warden, Fed. Corr. Inst., Seagoville, Tex.
  623 F.2d 416· 5th Cir.· 1980-08-08 ·cited 6×
  The court affirmed the dismissal of the habeas corpus petition, finding no merit to the petitioner's legal contentions regarding parole eligibility.
• Hancock v. State
  386 So. 2d 613· Fla. 5th DCA· 1980-08-06 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a petitioner is entitled to bail pending sentencing and appeal if not yet adjudicated guilty, even after a guilty verdict, as the constitutional right to bail continues until adjudication.
• White v. Sowders
  644 F.2d 1177· 6th Cir.· 1980-07-01 ·cited 6×·via Habeas Corpus Petition
  The Sixth Circuit held that a juvenile's constitutional rights were violated by an inadequate transfer order from juvenile to adult court, and federal habeas corpus relief was available despite procedural arguments by the state.
• Gormley v. Dir., Conn. State Dep't OF Prob. & Attorney Gen. of the State of Conn.
  632 F.2d 938· 2d Cir.· 1980-05-27 ·cited 6×·via Habeas Corpus Petition
  The statute may be constitutional if narrowly construed by the Connecticut Supreme Court to apply only to unprotected speech, but would be void for overbreadth if construed broadly.
• Tilden v. Locke
  383 So. 2d 976· Fla. 3d DCA· 1980-05-27 ·cited 6×
  A Florida appellate court reversed a trial court's order that temporarily allowed a mother to retain custody of a child, holding that the trial court improperly modified a valid New York custody decree without proper notice, pleadings, or factual basis. The court emphasized Flori
• Brown v. Louie L. Wainwright
  383 So. 2d 754· Fla. 4th DCA· 1980-05-14 ·cited 6×·via Writ Of Habeas Corpus
  The appellate court affirmed the trial court's denial of a habeas corpus petition, agreeing that the trial court lacked the authority to grant the requested relief.
• Jerry v. Louie L. Wainwright
  383 So. 2d 1110· Fla. 1st DCA· 1980-05-13 ·cited 6×
  The court held that the department failed to comply with its rules by not advising the inmate of his right to call witnesses.
• Palmigiano v. Houle
  618 F.2d 877· 1st Cir.· 1980-04-08 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner was afforded a full and fair opportunity to litigate his Fourth Amendment claims in state court, despite a misallocation of the burden of proof, and thus federal habeas corpus relief was barred.
• Cerbo v. Fauver
  616 F.2d 714· 3d Cir.· 1980-03-13 ·cited 6×·via Habeas Corpus Petition
  The court held that appellate counsel's tactical decision not to raise a tape sealing defense, based on then-existing adverse case law, did not constitute ineffective assistance of counsel under the Sixth Amendment, and an evidentiary hearing was not required.
• Hopkins v. Barad
  380 So. 2d 1166· Fla. 3d DCA· 1980-03-11 ·cited 6×·via Habeas Corpus Petition
  Hopkins, a criminal defendant, sought habeas corpus relief arguing he was entitled to discharge under Florida's speedy trial rule because the 60-day period expired without trial. The court denied relief, holding that although Hopkins had a bona fide desire for speedy trial, he fa