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
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The court held that the district court should not have considered an arrest challenge while INS deportation proceedings were in progress and had passed the probable cause stage.
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615 F.2d 489·
8th Cir.·
1980-02-22
·cited 6×
A prior conviction obtained without a valid waiver of counsel, even if not retroactively invalidated by Boykin v. Alabama, cannot be used to enhance punishment under an habitual criminal statute if the record does not affirmatively show such waiver.
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620 F.2d 702·
9th Cir.·
1980-02-13
·cited 6×
The court held that a juvenile's initial hearing to determine fitness for juvenile court prosecution, which involved presenting evidence of the alleged offense and carried the risk of adjudication, constituted jeopardy under the Fifth Amendment. Therefore, a subsequent prosecutio
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621 F.2d 45·
2d Cir.·
1980-02-11
·cited 6×
The Second Circuit's 'shock the conscience' standard for effective assistance of counsel is too low and should be replaced with a 'reasonably competent' standard.
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607 F.2d 1040·
2d Cir.·
1979-10-12
·cited 6×
The court affirmed the dismissal of the habeas corpus writ, finding that the petitioner had not properly presented his claim to the state courts, despite the state agreeing to waive procedural defenses.
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603 F.2d 779·
9th Cir.·
1979-09-04
·cited 6×
The court held that a prisoner cannot collaterally attack a sentence based on the frustration of the sentencing judge's subjective intent, as parole decisions are committed to the Parole Commission's discretion.
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604 F.2d 215·
2d Cir.·
1979-08-27
·cited 6×
The Second Circuit held that the Southern District of New York habeas court was obligated to adjudicate the merits of the petitioner's claim that his life-threatening medical condition prevented the lawful execution of a removal warrant.
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The court held that the district court erred in denying habeas corpus relief without a full evidentiary hearing, as the petitioners' claims of ineffective assistance of counsel due to a conflict of interest have substantial merit.
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The court held that a hearing was not required because the sentencing judge explicitly stated that the allegedly unconstitutional prior convictions played no part in determining the sentence.
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The trial court did not abuse its discretion in denying appellant's motion for a mandatory preliminary injunction to fund his state coram nobis proceeding.
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The court certified questions of Florida law to the Supreme Court of Florida to determine the grounds for a prior reversal of a conviction, as this determination was necessary to resolve a federal Double Jeopardy Clause issue on remand.
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The prosecutor's refusal to reoffer a plea bargain after a defendant successfully vacated his original guilty plea does not violate due process if the defendant's sole reason for vacating the plea was dissatisfaction with the sentence.
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The Parole Commission must hold a supplemental hearing if events casting doubt on parole termination occur between the initial hearing and the final decision, affording the parolee the same procedural rights as at other termination hearings.
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The court held that the petitioner's claims do not establish cause for procedural default or present constitutional issues warranting habeas relief.
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589 F.2d 917·
5th Cir.·
1979-02-16
·cited 6×
A federal prisoner is not constitutionally or statutorily entitled to a hearing before being transferred to state custody to stand trial.
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The court held that the evidence was insufficient to prove the jury foreman conducted an out-of-court experiment that violated the defendant's rights, and the district court failed to inquire into the possibility of prejudice.
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The court would reverse the district court's finding because the state court's fact-finding, on the same record, is entitled to a presumption of correctness and there is no substantial evidence to support the district court's contrary finding.
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587 F.2d 260·
5th Cir.·
1979-01-08
·cited 6×
The court held that the petitioner failed to demonstrate that the jury selection system in Dade County, Florida, violated his constitutional rights by systematically excluding distinct classes of people or by employing discriminatory practices.
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The court held that issues not raised in the trial court cannot be considered on appeal absent plain error, and found the presented issues without merit.
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The court held that the Nevada Supreme Court's reversal of habeas relief did not violate the ex post facto or double jeopardy clauses of the U.S. Constitution.
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584 F.2d 702·
5th Cir.·
1978-11-20
·cited 6×
The court held that the collateral estoppel aspect of double jeopardy barred the state from presenting evidence of intoxication in a retrial for vehicular manslaughter by culpable negligence, following a nolle prosequi on a DWI charge after jeopardy attached.
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Relief under 28 U.S.C. § 2255 is available when parole guidelines thwart a sentencing judge's intent for early parole consideration under 18 U.S.C. § 4208(a)(2), but only if specific conditions are met.
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The court held that a prisoner who knows of his right to appeal and fails to notify counsel of his intent to appeal cannot claim he was denied that right.
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583 F.2d 739·
5th Cir.·
1978-11-08
·cited 6×
The federal district court properly adopted the state court's findings of fact and independently applied the relevant constitutional standards to deny the petition for a writ of habeas corpus.
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583 F.2d 159·
5th Cir.·
1978-11-02
·cited 6×
The court held that the petitioner failed to demonstrate that his retained counsel's representation was so inadequate as to violate his constitutional rights or render the proceedings fundamentally unfair.
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585 F.2d 857·
7th Cir.·
1978-10-31
·cited 6×
Good time earned under a federal sentence does not reduce the period of parole supervision, and a certificate of discharge was not required for parole termination prior to 1976.
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363 So. 2d 833·
Fla. 1st DCA·
1978-10-03
·cited 6×
The court held that the failure to call all requested witnesses and provide all reports did not deny the petitioner due process of law.
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362 So. 2d 134·
Fla. 4th DCA·
1978-09-06
·cited 6×
Pitts sought delayed appellate review via habeas corpus of a trial court's denial of his post-conviction relief motion alleging an impermissible prosecutorial comment on his Fifth Amendment right to silence. The appellate court affirmed the denial, holding that such error must be
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The Fourth Circuit held that the defendant had an opportunity to litigate his 'no knock' entry claim in state court, foreclosing federal habeas corpus review under Stone v. Powell.
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The Division of Corrections cannot forfeit a prisoner's gain time without notice or hearing if an escape charge is nolle prossed.
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577 F.2d 519·
9th Cir.·
1978-06-21
·cited 6×
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359 So. 2d 911·
Fla. 2d DCA·
1978-06-16
·cited 6×
Michael Douglas Hill appealed the denial of his habeas corpus petition challenging his continued detention under an extradition warrant from North Carolina. The court held that Hill was entitled to discharge because the demanding state failed to take any action to receive him wit
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The court held that the photographic identification was not unduly suggestive, reversing the grant of habeas corpus on that ground, but remanded for reconsideration of exhaustion of state remedies regarding exculpatory evidence.
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The court held that the petitioner is entitled to a hearing to determine if the trial court erred in denying a sanity hearing, which could violate due process.
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The court held that the petitioner's constitutional rights were not violated by the state trial court's rulings regarding his testimony and the admissibility of evidence concerning the prosecutrix's sexual history. The court also found no due process violation regarding suppresse
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569 F.2d 775·
3d Cir.·
1978-01-20
·cited 6×
A prior criminal sentence is interrupted as a matter of law by a civil contempt citation when the sitting judge does not expressly provide for concurrency.
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The court held that the denial of a preliminary hearing transcript to an indigent prisoner was not a violation of equal protection when no transcript was available to any defendant, and that the admission of identification testimony was not erroneous under the totality of circums
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562 F.2d 440·
7th Cir.·
1977-09-20
·cited 6×
A guilty plea entered under Wisconsin statute § 971.31(10) must be vacated if the trial court failed to suppress inadmissible evidence, even if some other evidence remains admissible.
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A consent to search may be validly obtained from a suspect in custody who has not received Miranda warnings.
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The court held that the District Judge's reliance on the presumption of correctness under 28 U.S.C. § 2254(d) was misplaced because the state trial judge made no factual finding on the voluntariness of the confession.
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The court held that state prisoners must exhaust remedies under South Carolina's Uniform Post-Conviction Relief Act before seeking federal habeas corpus relief, as the Act provides an effective means to address claims of ineffective assistance of counsel due to failure to advise
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553 F.2d 960·
5th Cir.·
1977-06-10
·cited 6×
The court held that the district court erred by applying the 'clear and present danger' standard instead of the 'Procunier v. Martinez' standard for prison censorship of periodicals. The case is remanded for application of the correct standard.
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The court held that the alibi jury charge, when read in context, did not unconstitutionally shift the burden of proof to the defendant and did not render the trial unfair.
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The court held that the delay in executing a parole violator warrant and holding a revocation hearing did not violate the appellant's due process rights, as the delay was not prejudicial and a fair hearing was ultimately provided.
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The court held that Section 944.28(1), Florida Statutes (1973), is constitutional. The denial of the petition for a writ of habeas corpus is affirmed.
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551 F.2d 275·
10th Cir.·
1977-03-23
·cited 6×
The court held that the district court correctly dismissed the action because the appellant was not entitled to a prompt revocation hearing, a local hearing, or counsel under the circumstances, and did not request reasons for counsel denial.
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The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims regarding insanity, coercion, and ineffective assistance of counsel were without merit.
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The court held that the petitioner's Sixth Amendment rights may have been violated if the bailiff overheard confidential communications between the petitioner and his attorney, and this issue cannot be deemed harmless or waived by failure to object at trial.
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A district court cannot grant relief under 28 U.S.C. § 2255 without a hearing unless the motion and case records conclusively show the prisoner is entitled to no relief.
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The court held that a state prisoner is not denied his constitutional right to appeal when his court-appointed attorneys fail to perfect an appeal if the prisoner did not make known his desire to appeal.