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

• MEE v. Ortega
  967 F.2d 423· 10th Cir.· 1992-06-18 ·cited 5×·via Writ Of Habeas Corpus
  Parole officers are entitled to qualified immunity, not absolute immunity, for decisions to detain parolees pending revocation hearings, and supervisors are not liable without a showing of personal involvement.
• Merrill E. Fields v. Attorney Gen. OF the State OF Md.
  956 F.2d 1290· 4th Cir.· 1992-02-26 ·cited 5×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  A voluntary and intelligent guilty plea generally bars collateral review of antecedent constitutional claims, and the defendant failed to demonstrate prejudice or an actual conflict of interest for his ineffective assistance of counsel claim.
• Asherman v. Meachum
  957 F.2d 978· 2d Cir.· 1992-02-13 ·cited 5×
• ROY v. Dugger
  592 So. 2d 1235· Fla. 1st DCA· 1992-01-31 ·cited 5×
  Robert Roy appealed the trial court's summary denial of his habeas corpus petition challenging the use of 'close management' confinement status at Florida State Prison as cruel and unusual punishment and a denial of due process. The appellate court reversed, finding that under pr
• Burkett v. Fulcomer
  951 F.2d 1431· 3d Cir.· 1991-12-20 ·cited 5×·via Habeas Corpus Petition
  The majority found a constitutional violation due to delay in sentencing and appeal, while the dissent disagreed, emphasizing lack of demonstrable prejudice.
• Williams v. Meachum
  948 F.2d 863· 2d Cir.· 1991-11-07 ·cited 5×
  A defendant's waiver of the Sixth Amendment right to conflict-free counsel is valid if it is a knowing and intelligent choice, even if the trial court does not strictly follow model procedures, as long as the defendant understands the risks and consequences.
• Baker v. Kaiser
  929 F.2d 1495· 10th Cir.· 1991-04-08 ·cited 5×
  The court held that the denial of an out-of-time appeal after a violation of the right to counsel deprived the appellant of due process, and reversed the district court's denial of habeas corpus.
• Donovan J.R. Blissett v. Lefevre
  924 F.2d 434· 2d Cir.· 1991-01-22 ·cited 5×
  The court held that the petitioner's claims of a denied fair trial due to inadequate jury instructions on witness immunity, improper introduction of arrest evidence, and denial of defense witness immunity were without merit.
• McINERNEY v. Puckett
  919 F.2d 350· 5th Cir.· 1990-12-19 ·cited 5×·via Habeas Corpus Petition
  A stale order for a pre-trial psychiatric evaluation, without more, does not mandate a competency hearing, and counsel's deficient performance does not automatically warrant a presumption of prejudice.
• Wright v. A.L. Lockhart
  914 F.2d 1093· 8th Cir.· 1990-09-20 ·cited 5×
  The court held that the denial of compulsory process for certain witnesses, the denial of a mistrial after jurors read a newspaper article, and the procedural bar of a competency claim were not grounds for habeas corpus relief.
• Prieto v. Gluch
  913 F.2d 1159· 6th Cir.· 1990-09-11 ·cited 5×·via Writ Of Habeas Corpus
  The court held that the prior litigation barred claims regarding § 1252(a) and jurisdiction, and that 8 U.S.C. § 1252(i) does not create a private cause of action for incarcerated aliens.
• Doyle J. Williams v. Armontrout
  912 F.2d 924· 8th Cir.· 1990-08-15 ·cited 5×·via Habeas Corpus Petition
  The dissenting opinion argues that the state trial court's refusal to instruct the jury on first-degree (felony) murder in a capital case violated due process and equal protection. This refusal stemmed from an inconsistent and arbitrary application of Missouri law by the state ap
• Smith v. Puckett
  907 F.2d 581· 5th Cir.· 1990-08-07 ·cited 5×
  The court held that the photographing of the petitioner without counsel was not a critical stage, and showing the photograph to witnesses before trial did not violate due process or render identification testimony unreliable. Furthermore, the petitioner failed to demonstrate inef
• Koch v. Puckett
  907 F.2d 524· 5th Cir.· 1990-08-02 ·cited 5×·via Habeas Corpus Petition
  The court held that the petitioner's conclusory allegations of ineffective assistance of counsel, conflict of interest, perjured testimony, and prosecutorial misconduct did not warrant habeas relief or an evidentiary hearing.
• Cruz v. Warden OF Dwight Corr. Ctr. & Neil F. Hartigan
  907 F.2d 665· 7th Cir.· 1990-07-16 ·cited 5×·via Habeas Corpus Petition
  The court held that a habeas petitioner must fairly present all factual allegations and legal theories to state courts before seeking federal habeas relief, and that a pending state post-conviction petition constitutes an available and meaningful state remedy.
• Carey Dean Moore v. Clarke
  904 F.2d 1226· 8th Cir.· 1990-05-25 ·cited 5×·via Habeas Corpus Petition
  The Nebraska Supreme Court's interpretation of Neb.Rev.Stat. § 29-2523(l)(d) provides sufficient guidance to prevent arbitrary imposition of the death penalty and is not unconstitutionally vague.
• Lyonel DOR v. Dist. Dir.
  891 F.2d 997· 2d Cir.· 1989-12-08 ·cited 5×
  The court held that the appellant's continued detention by the INS is legal and that the terms of the court's stay of deportation have been satisfied, allowing for the vacation of the stay.
• Carroll F. Youngblood v. Lynaugh
  882 F.2d 956· 5th Cir.· 1989-09-08 ·cited 5×·via Writ Of Habeas Corpus
• Gore v. Dugger
  763 F. Supp. 1110· M.D. Fla.· 1989-08-17 ·cited 5×
  The court held that the trial court erred by precluding mitigating evidence regarding Petitioner's drug and alcohol abuse and cousin's dominance, violating the Eighth Amendment, and granted a new sentencing hearing on that claim.
• Smith v. State
  543 So. 2d 316· Fla. 5th DCA· 1989-05-04 ·cited 5×
  Smith appeals the denial of his Rule 3.850 motion for post-conviction relief, in which he claimed ineffective assistance of appellate counsel for failing to raise five issues on direct appeal of his cocaine trafficking conviction. The court affirmed the trial court's denial, hold
• OEN Yin-Choy v. Robinson
  858 F.2d 1400· 9th Cir.· 1988-10-05 ·cited 5×
  The court held that the extradition treaty does not bar extradition due to Hong Kong's reversion to China, and that the evidence presented was sufficient to establish probable cause for the charges.
• Berryhill v. Zant
  858 F.2d 633· 11th Cir.· 1988-09-29 ·cited 5×·via Habeas Corpus Petition
  The court held that the trial court's voir dire procedure was constitutionally inadequate to unearth prejudice given the significant possibility of prejudice from pretrial publicity.
• Sargent v. Armontrout
  841 F.2d 220· 8th Cir.· 1988-02-29 ·cited 5×
  The court held that the appellant was not entitled to habeas corpus relief because any potential errors were either harmless beyond a reasonable doubt or the state provided an opportunity for full and fair litigation of the claims.
• Feigley v. Fulcomer
  833 F.2d 29· 3d Cir.· 1987-11-12 ·cited 5×
  A prisoner's escape from custody constitutes a procedural waiver of the right to seek post-conviction relief, and this waiver bars federal habeas corpus review under the 'cause and prejudice' standard.
• State v. Dearing
  513 So. 2d 232· Fla. 3d DCA· 1987-09-29 ·cited 5×
  Florida's appeal of a habeas corpus release order is granted; successive habeas petitions raising previously rejected grounds are subject to summary denial, and a sister state's dismissal of extradition proceedings does not bar Florida from enforcing its criminal judgment.
• McKinney v. Meese
  831 F.2d 728· 7th Cir.· 1987-09-22 ·cited 5×
  The court held that prison disciplinary proceedings can rely on confidential informant information if the informant's reliability is established, even without disclosing the information to the inmate, and that the disciplinary findings were supported by sufficient evidence.
• Glidewell v. Burden
  822 F.2d 1027· 11th Cir.· 1987-07-27 ·cited 5×·via Habeas Corpus Petition
  The court held that the nine-month delay between arrest and trial, absent prejudice, did not violate the constitutional right to a speedy trial.
• Romeo v. Roache
  820 F.2d 540· 1st Cir.· 1987-06-11 ·cited 5×
  Due process does not require a competency hearing in extradition proceedings, and constitutional violations by state officials do not warrant dismissal of extradition.
• Hathcock v. State
  492 So. 2d 756· Fla. 4th DCA· 1986-08-06 ·cited 5×·via Writ Of Habeas Corpus
  The court held that a timely filed motion for rehearing tolls the time for filing a notice of appeal, making a subsequently filed notice of appeal timely once the motion is ruled upon.
• Josey v. Drew Galloway
  482 So. 2d 376· Fla. 1st DCA· 1985-09-26 ·cited 5×
  Jimmy Josey appeals denial of his habeas corpus petition challenging extradition to Alabama on charges of theft. The Florida court reverses, holding that the state failed to produce competent evidence creating a conflict on whether Josey was actually in Alabama when the crime occ
• Smith v. United States Parole Comm'n
  752 F.2d 1056· 5th Cir.· 1985-02-11 ·cited 5×·via Application For Writ Of Habeas Corpus
  The court held that a federal prisoner's claim that the Parole Commission denied him equal protection by delaying the execution of a parole violator's warrant due to his inability to post bail is without merit and speculative.
• Kermit F. Holton v. Lanson Newsome
  750 F.2d 1513· 11th Cir.· 1985-01-21 ·cited 5×·via Habeas Corpus Petition
  The court held that the district court correctly denied the habeas corpus petition because the petitioner's claims regarding marital privilege, undisclosed evidence, and unconstitutional search and seizure lacked merit.
• Halliwell v. Strickland
  747 F.2d 607· 11th Cir.· 1984-11-27 ·cited 5×
  The court held that the prosecution's failure to disclose evidence unknown to them until after trial does not constitute a Brady violation.
• Roach v. Anabel Mitchell & Fla. Parole & Prob. Comm'n
  456 So. 2d 963· Fla. 2d DCA· 1984-10-03 ·cited 5×
  Shawn Roach, an inmate in Florida's Department of Corrections, appealed the denial of a habeas corpus petition challenging his parole revocation on the ground that his parole had expired before revocation occurred. The appellate court affirmed the denial, holding that the Florida
• Johnston v. Pittman
  731 F.2d 1231· 5th Cir.· 1984-05-14 ·cited 5×·via Habeas Corpus Petition
  The court held that the state did not violate due process by failing to conduct blood-type tests on evidence that would have spoiled and by limiting cross-examination regarding a witness's past relationship with an investigating officer.
• Brown v. Maggio
  730 F.2d 293· 5th Cir.· 1984-04-20 ·cited 5×·via Habeas Corpus Petition
  The court held that the district court did not err in dismissing the habeas corpus petition under Rule 9(a) because the state demonstrated prejudice due to the petitioner's inexcusable delay in filing.
• Carter v. Coleman
  443 So. 2d 491· Fla. 2d DCA· 1984-01-13 ·cited 5×·via Writ Of Habeas Corpus
  Larry Carter, detained pursuant to Wisconsin extradition proceedings, challenged his rearrest on a Florida Governor's warrant after the trial court's dismissal of initial extradition proceedings. The court held that the trial court's dismissal only discharged the fugitive warrant
• Cherry v. Jago
  722 F.2d 1296· 6th Cir.· 1983-12-08 ·cited 5×·via Habeas Corpus Petition
  The court held that jury instructions imposing an equal burden of proof on the defendant for self-defense as the state has for proving murder constitutes a due process violation.
• Walker v. A.L. Lockhart
  713 F.2d 1378· 8th Cir.· 1983-08-11 ·cited 5×·via Habeas Corpus Petition
  The court held that the undisputed evidence showed the inmate faced an unusually high risk of physical danger in the Arkansas prison system, entitling him to serve his sentence outside of Arkansas.
• Williams v. Owens
  731 F.2d 391· 7th Cir.· 1983-08-05 ·cited 5×
  The court held that a district court cannot dismiss a habeas corpus petition without examining the trial record, especially when factual disputes are raised regarding evidence admissibility and discovery.
• Ashley v. State
  433 So. 2d 1263· Fla. 1st DCA· 1983-06-27 ·cited 5×
  Ashley was convicted of drug sales based on testimony from an undercover officer, but a critical confidential informant (Loggie) who was present at both transactions and could have exonerated him was removed from the state and made unavailable for trial. The court addresses wheth
• Johnson v. Carson
  569 F. Supp. 974· M.D. Fla.· 1983-03-08 ·cited 5×
  The court held that the Municipal Ordinance § 330.107 of the City of Jacksonville is unconstitutionally overbroad because it prohibits constitutionally protected conduct, such as freedom of association and movement, in violation of the First Amendment.
• Hernandez v. Hernandez
  406 So. 2d 513· Fla. 3d DCA· 1981-11-03 ·cited 5×
  The Florida Court of Appeal reversed a trial court order that granted the father custody of a two-year-old child based solely on enforcement of a Texas custody decree. The court held that Florida courts must first determine whether the foreign state had jurisdiction before applyi
• Pittman v. State
  401 So. 2d 934· Fla. 1st DCA· 1981-07-29 ·cited 5×
  The court held that the trial court properly denied the motion for post-conviction relief because the alleged errors were or should have been apparent on direct appeal, and affirmed the denial of the petition for writ of habeas corpus because there was no state action that frustr
• Brown v. Louie L. Wainwright
  644 F.2d 337· 5th Cir.· 1980-11-13 ·cited 5×·via Habeas Corpus Petition
• Williams v. Wainwright
  493 F. Supp. 153· S.D. Fla.· 1980-07-28 ·cited 5×
  A defendant resentenced after violating probation to a term that could have been originally imposed does not violate the Double Jeopardy Clause, as the resentencing is based on intervening conduct.
• Smith v. Immigr. & Naturalization Serv.
  585 F.2d 600· 3d Cir.· 1978-11-01 ·cited 5×
  The court held that aliens can be compelled to answer questions about their status in deportation hearings, and a motion to suppress is moot if the evidence is not introduced.
• Johnston v. Estelle
  548 F.2d 1238· 5th Cir.· 1977-03-18 ·cited 5×·via Habeas Corpus Petition
  The court held that a federal court may deny habeas corpus relief if the petitioner deliberately bypassed available state procedures for presenting claims, even if the state court refused to hear the claim on the merits.
• Honorable Jack Sandstrom v. Kolski
  305 So. 2d 75· Fla. 3d DCA· 1974-11-22 ·cited 5×
  The Florida District Court of Appeal reversed a trial court's order granting a writ of habeas corpus to Alexander Kolski, finding that the trial court lacked jurisdiction because Kolski was not in custody at the time the habeas petition was filed—he had merely been issued a compl
• James v. Twomey
  466 F.2d 718· 7th Cir.· 1972-08-11 ·cited 5×
  The court affirmed the denial of habeas corpus, finding no federal constitutional violation.