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

• Renaldo Grey v. Hoke
  933 F.2d 117· 2d Cir.· 1991-05-09 ·cited 4×·via Habeas Corpus Petition
  The court held that petitioner's prosecutorial misconduct and sentencing claims were procedurally barred due to failure to properly present them to the highest state court, and the Fourth Amendment claim was barred by Stone v. Powell. Therefore, the petition was affirmed.
• Asherman v. Meachum
  932 F.2d 137· 2d Cir.· 1991-05-01 ·cited 4×
  The court held that the Commissioner violated Asherman's Fifth Amendment privilege against self-incrimination by revoking his supervised home release status solely because he invoked the privilege and refused to participate in a psychiatric evaluation concerning his conviction.
• Gilbert v. A.L. Lockhart
  930 F.2d 1356· 8th Cir.· 1991-04-19 ·cited 4×
  The court held that the appellant did not make a knowing and intelligent waiver of his right to counsel because he was forced to choose between proceeding pro se or with unprepared counsel, and the state trial court failed to adequately advise him of the perils of self-representa
• Ellard v. Ala. Bd. OF Pardons & Paroles
  928 F.2d 378· 11th Cir.· 1991-04-11 ·cited 4×
  The trial court's decision to void the parole was barred by the law of the case and mandate rule, and its finding that the parole was void ab initio was clearly erroneous.
• Johnson v. Gramley
  929 F.2d 350· 7th Cir.· 1991-04-08 ·cited 4×·via Habeas Corpus Petition
  A district judge's decision to dismiss a habeas petition as frivolous but then grant a certificate of probable cause should be accompanied by stated reasons to clarify the weight of each decision.
• Dendalee McBEE v. Abramajtys
  929 F.2d 264· 6th Cir.· 1991-04-04 ·cited 4×
  The court held that the last state court judgment clearly and expressly rested upon a procedural ground, affirming the denial of the habeas petition.
• Harris v. Vasquez
  928 F.2d 891· 9th Cir.· 1991-03-22 ·cited 4×·via Habeas Corpus Petition
  The court held that new declarations warranted a limited evidentiary hearing on the Abshire claim regarding potential constitutional violations.
• Hampton v. Miller
  927 F.2d 429· 8th Cir.· 1991-03-08 ·cited 4×
  The Eighth Circuit held that the State waived the exhaustion requirement for federal habeas corpus review by its pleadings, and therefore, the case should be remanded for further proceedings.
• Bolender v. Dugger
  757 F. Supp. 1400· S.D. Fla.· 1991-02-15 ·cited 4×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's death sentences were not unconstitutional and that his trial counsel provided effective assistance.
• Jackson v. Brennan
  924 F.2d 725· 7th Cir.· 1991-02-13 ·cited 4×·via Habeas Corpus Petition
  The federal prison system is not required to give credit for time spent in Cuban custody under 18 U.S.C. § 3568.
• Dawson Cole v. Tansy
  926 F.2d 955· 10th Cir.· 1991-02-13 ·cited 4×
  The court held that the admission of an unavailable witness's statement did not violate the Confrontation Clause, the restriction on closing argument was not an abuse of discretion, and the evidence was sufficient for attempted armed robbery.
• Traver Stewart v. Scully
  925 F.2d 58· 2d Cir.· 1991-02-01 ·cited 4×
  Increasing a state prisoner's maximum sentence after he has served a substantial portion of his original sentence violates the Double Jeopardy Clause by disturbing his legitimate expectation of finality.
• White v. White
  925 F.2d 287· 9th Cir.· 1991-01-30 ·cited 4×·via Habeas Corpus Petition
  The court held that a parolee's admission of some parole violations does not constitute a waiver of the right to confront adverse witnesses regarding other contested violations, and that barring such confrontation at an institutional revocation hearing violates due process.
• Hughes Anderson Bagley, Jr. v. CMC Real Est. Corp.
  923 F.2d 758· 9th Cir.· 1991-01-22 ·cited 4×·via Habeas Corpus Proceedings
  The court held that Bagley's civil rights claims accrued when he first learned of the injury, not upon the completion of his habeas corpus proceedings, and that his § 1985(2) claim failed for lack of class-based animus.
• Goodwin v. State OF Okla.
  923 F.2d 156· 10th Cir.· 1991-01-16 ·cited 4×·via Habeas Corpus Petition
  The court held that a petitioner is excused from exhausting state remedies if the state's highest court has already addressed and resolved the precise legal issue adversely to the petitioner.
• Brown v. McGINNIS
  922 F.2d 425· 7th Cir.· 1991-01-15 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner failed to show prejudice from his counsel's failure to recall the victim, as her testimony would have been damaging to his defense.
• Story v. Collins
  920 F.2d 1247· 5th Cir.· 1991-01-11 ·cited 4×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the good conduct time claim for lack of jurisdiction, but the claim fails on the merits because the petitioner was not entitled to good conduct time under the applicable law. The court affirmed the dismissal of other clai
• Blaine Eugene Johnson v. Armontrout
  923 F.2d 107· 8th Cir.· 1991-01-10 ·cited 4×
  The court held that the appellant's Batson claim is procedurally barred due to failure to raise it on direct appeal, and his ineffective assistance of counsel claim is unpersuasive.
• Pinkney v. Keane
  920 F.2d 1090· 2d Cir.· 1990-12-07 ·cited 4×·via Habeas Corpus Petition
  A federal court in a habeas corpus proceeding may reexamine a state appellate court's suppression ruling if it appears erroneous, even if the state ruling favored the petitioner. The court found the search of the petitioner's car was constitutional.
• P.H. v. Fryer
  570 So. 2d 1096· Fla. 4th DCA· 1990-12-05 ·cited 4×
  A juvenile detained for aggravated assault challenged his continued detention beyond the statutory 21-day maximum period. The court granted habeas corpus relief, holding that the state failed to establish adequate grounds under Florida law for extending detention, and that prior
• B.G. v. Fryer
  570 So. 2d 430· Fla. 4th DCA· 1990-11-28 ·cited 4×
  Four consolidated habeas corpus petitions challenge the unlawful extension of juvenile detention beyond the statutory 21-day maximum. The court held that continuing detention requires competent evidence of 'good cause,' not mere form motions with boilerplate language, and granted
• Buddy Nichols v. Mac Sim Butler
  917 F.2d 518· 11th Cir.· 1990-11-20 ·cited 4×·via Habeas Corpus Petition
  The court affirmed the district court's grant of habeas corpus relief, holding that the petitioner's fundamental right to testify was violated when his counsel threatened to withdraw if he insisted on testifying.
• Bradley v. Meachum
  918 F.2d 338· 2d Cir.· 1990-11-02 ·cited 4×·via Habeas Corpus Petition
  The court held that the defendant did not invoke his right to remain silent and that prosecutorial misconduct during summation did not cause substantial prejudice, nor was the jury charge on mistake of fact attempt improper.
• Johnson v. Honorable Richard D. Rogers
  917 F.2d 1283· 10th Cir.· 1990-10-29 ·cited 4×
  The court held that a fourteen-month delay in deciding a habeas corpus petition solely due to docket congestion is impermissible and warrants mandamus.
• Apolinario Vigil v. Tansy
  917 F.2d 1277· 10th Cir.· 1990-10-26 ·cited 4×·via Habeas Corpus Petition
  The court held that the use of a videotaped deposition of a child victim did not violate the petitioner's Sixth Amendment right to confrontation, and that the evidence was sufficient to sustain the convictions.
• Nabors v. United States
  929 F.2d 354· 8th Cir.· 1990-10-15 ·cited 4×·via Petition For Habeas Corpus Relief
  The court held that the district court failed to conduct the required de novo review of the magistrate's recommendation because it did not review the actual testimony from the evidentiary hearing.
• Pryor v. Brennan
  914 F.2d 921· 7th Cir.· 1990-09-27 ·cited 4×·via Habeas Corpus Petition
  The District of Columbia Good Time Credits Act's distinction between inmates housed in District facilities and those housed in federal or state facilities is rationally related to legitimate government interests and does not violate equal protection or due process.
• Rainer v. Dep't OF Corr.
  914 F.2d 1067· 8th Cir.· 1990-09-19 ·cited 4×·via Application For Writ Of Habeas Corpus
  The court held that the admission of prior bad acts evidence and the state investigator's involvement in defense expert testing did not violate the defendant's constitutional rights.
• Micheaux v. Collins
  911 F.2d 1083· 5th Cir.· 1990-09-17 ·cited 4×·via Habeas Corpus Petition
  The court held that a state court's finding that a petitioner would not have pleaded guilty if properly admonished is a factual finding entitled to a presumption of correctness under 28 U.S.C. § 2254(d), and that a federal court cannot disregard such findings by labeling them mix
• Terrovona v. Kincheloe
  912 F.2d 1176· 9th Cir.· 1990-08-31 ·cited 4×·via Habeas Corpus Petition
  The court held that Stone v. Powell bars federal habeas review of a Fourth Amendment warrantless arrest claim if the state provided an opportunity for full and fair litigation, and that the appellant made a valid implied waiver of his Miranda rights.
• Grune v. Coughlin
  913 F.2d 41· 2d Cir.· 1990-08-29 ·cited 4×
  The order denying bail pending a habeas corpus determination is not an appealable interlocutory order under the collateral order doctrine.
• Leach v. Kolb
  911 F.2d 1249· 7th Cir.· 1990-08-24 ·cited 4×
  The court held that a directed verdict on the issue of insanity is permissible in Wisconsin when the defendant fails to present sufficient evidence, and that improper joinder of offenses is not grounds for habeas relief unless it results in prejudice denying a fair trial.
• Harris v. Duckworth
  909 F.2d 1057· 7th Cir.· 1990-08-09 ·cited 4×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the habeas petition for failure to exhaust state remedies, as Indiana law now clearly indicates no judicial review of prison disciplinary decisions.
• Harrison v. Ryan
  909 F.2d 84· 3d Cir.· 1990-07-25 ·cited 4×
  The court held that the prosecution's failure to articulate a racially neutral reason for striking one black juror, when the defendant's case was on direct review at the time of Batson, mandates a new trial.
• Jones v. J.O. Davis
  906 F.2d 552· 11th Cir.· 1990-07-19 ·cited 4×
  The court held that the magistrate misinterpreted the prior panel's opinion, which had already established a prima facie case of discrimination in jury selection.
• Hendricks v. Vasquez
  908 F.2d 490· 9th Cir.· 1990-07-12 ·cited 4×
  The court held that a district court may not summarily dismiss a habeas corpus petition if it contains specific allegations that are not facially frivolous or incredible, and that summary dismissal followed by a certificate of probable cause is contradictory.
• United States v. Gabor
  905 F.2d 76· 5th Cir.· 1990-07-05 ·cited 4×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  A federal prisoner seeking credit for time served on probation against a sentence imposed after revocation of probation must file a habeas corpus petition under 28 U.S.C. § 2241 in the district where he is incarcerated, not a motion to vacate sentence under 28 U.S.C. § 2255 in th
• Howard v. Lewis
  905 F.2d 1318· 9th Cir.· 1990-06-18 ·cited 4×·via Habeas Corpus Petition
  A dismissal of a federal habeas petition on grounds of state procedural default is generally considered a determination 'on the merits' for successive petition analysis, but a dismissal based on a petitioner's failure to respond, if that failure was due to prison official interfe
• Server v. Mizell
  902 F.2d 611· 7th Cir.· 1990-05-21 ·cited 4×·via Habeas Corpus Petition
  The court held that the Illinois aggravated criminal sexual assault and abuse statutes, as construed by state courts, are not unconstitutionally vague and that the petitioner's other claims lack merit.
• L.J. v. Fryer
  565 So. 2d 713· Fla. 4th DCA· 1990-05-16 ·cited 4×
  A Florida appellate court granted habeas corpus relief to a juvenile held in secure detention for over 50 days, far exceeding the statutory maximum of 21 days. The court held that the trial court lacked jurisdiction to extend the detention period once the statutory maximum had ex
• Ingrassia v. Armontrout
  902 F.2d 1368· 8th Cir.· 1990-05-15 ·cited 4×
  The court held that the district court properly applied the presumption of correctness to state court findings and that the petitioner's guilty plea was knowing, voluntary, and intelligent, and he received effective assistance of counsel.
• Hale v. A.L. Lockhart
  903 F.2d 545· 8th Cir.· 1990-05-10 ·cited 4×
  The court held that neither the delay in processing the habeas petition nor the alleged ineffective assistance of counsel or involuntary guilty plea warranted relief.
• Jones v. Meyer
  899 F.2d 883· 9th Cir.· 1990-04-11 ·cited 4×·via Petition For Habeas Corpus Relief
  The court held that shackling a defendant during trial, when justified by security concerns and less restrictive alternatives were considered, does not violate the due process clause or the presumption of innocence.
• Harris v. Vasquez
  901 F.2d 724· 9th Cir.· 1990-03-30 ·cited 4×
  The court granted a certificate of probable cause and stayed the petitioner's execution, finding substantial grounds for relief based on the arguable denial of competent psychiatric assistance during the penalty phase of his trial.
• Buddy Earl Justus v. Murray
  897 F.2d 709· 4th Cir.· 1990-03-02 ·cited 4×
  The court affirmed the dismissal of the habeas petition, holding that procedurally defaulted ineffective assistance of counsel claims cannot serve as cause to excuse other procedural defaults if those ineffective assistance claims are themselves procedurally defaulted.
• Venson Lane Myers v. Ylst
  897 F.2d 417· 9th Cir.· 1990-02-28 ·cited 4×
  The court held that the California Supreme Court's order remanding a case for refiling of its opinion did not constitute a retroactive application of a new rule, and thus did not preclude the court from later denying retroactivity in another case.
• Navarre v. State
  556 So. 2d 1192· Fla. 1st DCA· 1990-02-08 ·cited 4×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus is an authorized means for seeking a belated appeal, and this procedural avenue has not been supplanted by Rule 3.850.
• Bagby v. Sowders
  894 F.2d 792· 6th Cir.· 1990-01-17 ·cited 4×
  The court held that the evidence did not warrant an instruction on the lesser included offense of sexual abuse in the first degree.
• Thomas v. Jones
  891 F.2d 1500· 11th Cir.· 1989-12-21 ·cited 4×
  Counsel's failure to object to evidence of rape and prosecutor's comments did not constitute ineffective assistance of counsel because it was a reasonable tactical decision.
• In the Interest of A.B.
  553 So. 2d 1349· Fla. 4th DCA· 1989-12-20 ·cited 4×
  Sixteen consolidated petitions for writ of mandamus challenge the detention of juveniles beyond the five-day statutory period before placement into commitment programs. The court held that Florida Statute § 959.12 is mandatory and requires release of juveniles held in secure dete