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

• Galowski v. Murphy
  891 F.2d 629· 7th Cir.· 1989-12-14 ·cited 4×
  The court held that the petitioner was not denied effective assistance of counsel and affirmed the district court's denial of the habeas corpus petition.
• Woods v. Solem
  891 F.2d 196· 8th Cir.· 1989-12-06 ·cited 4×
  The court held that the trial court's refusal to issue a self-defense jury instruction did not violate due process, as the evidence did not support such a claim under applicable state law.
• Caesar Harmason v. Smith
  888 F.2d 1527· 5th Cir.· 1989-12-01 ·cited 4×·via Application For Writ Of Habeas Corpus
  A guilty plea is not rendered involuntary by an attorney's prediction of a lesser sentence if the defendant affirms in open court that no promises were made and understands the potential maximum sentence.
• Carroll E. Harrison v. Warden, Maryland Penitentiary
  890 F.2d 676· 4th Cir.· 1989-11-24 ·cited 4×
  The court held that the appellant understood the nature of the charges against him when he pled guilty, and that his guilty plea was voluntary. The court also declined to address the issue of the trial judge's passion as it was not raised below.
• AMI Anclote Manor Hosp. v. State
  553 So. 2d 199· Fla. 2d DCA· 1989-10-25 ·cited 4×
  The State Attorney, Public Defender, and HRS lack standing under section 394.459(10) to file a habeas corpus petition on behalf of patients who did not authorize the action.
• Smith v. Jago
  888 F.2d 399· 6th Cir.· 1989-10-20 ·cited 4×
  The Sixth Circuit held that the district court erred by failing to defer to state court findings of fact and by applying an improper standard of prejudice. The court found the state court's factual determinations were supported by the record and that the defendant failed to demon
• Tijerina v. Thornburgh
  884 F.2d 861· 5th Cir.· 1989-10-05 ·cited 4×·via Application For Writ Of Habeas Corpus
  The Parole Commission has the ultimate discretion to decide whether a parole violator term runs concurrently or consecutively with a new sentence, even if the sentencing judge recommends concurrent service.
• Madera v. Risley
  885 F.2d 646· 9th Cir.· 1989-09-21 ·cited 4×
  The court held that a reconstructed trial record, based on an evidentiary hearing with witness testimony, can satisfy due process requirements for appeal, and that the defendant failed to demonstrate prejudice from the lack of a verbatim record or ineffective assistance of counse
• Tucker v. Makowski
  883 F.2d 877· 10th Cir.· 1989-08-25 ·cited 4×
  The court held that while the Blockburger test might be satisfied, successive prosecutions arising from the same transaction require a "fundamental fairness" analysis under due process, and remanded for review of state court records to determine this.
• Flittie v. Solem
  882 F.2d 325· 8th Cir.· 1989-08-14 ·cited 4×·via Application For Writ Of Habeas Corpus
  The court held that a petition attacking a fully served prior conviction, even if used for sentence enhancement, does not establish subject matter jurisdiction under 28 U.S.C. § 2254(a) because the petitioner is not in custody pursuant to that prior conviction.
• Dick v. Scroggy
  882 F.2d 192· 6th Cir.· 1989-08-14 ·cited 4×·via Habeas Corpus Petition
  The appearance of impropriety from a prosecutor representing a victim in a civil suit while also prosecuting the defendant in a criminal case does not, without more, violate the Due Process Clause.
• Hamblen v. Dugger
  719 F. Supp. 1051· M.D. Fla.· 1989-07-10 ·cited 4×
  The court denied the petition for a writ of habeas corpus and the motion for a stay of execution, finding no merit in the petitioner's claims of error.
• Cavanaugh v. Kincheloe
  877 F.2d 1443· 9th Cir.· 1989-07-03 ·cited 4×
  The court held that the district court erred in failing to address the ineffectiveness of counsel claim and must determine if it is procedurally barred, and if not, its merits.
• Duttry v. Scip Superintendent Petsock & The Attorney Gen. of the Commonwealth of Pa.
  878 F.2d 123· 3d Cir.· 1989-06-29 ·cited 4×
  The court held that a district court should obtain the state court record before dismissing a habeas petition for failure to exhaust state remedies, especially when the petitioner demonstrates a good faith effort to acquire the records but is unable to do so.
• United States v. Nino
  878 F.2d 101· 3d Cir.· 1989-06-16 ·cited 4×·via Habeas Corpus Petition
  The court held that a habeas petitioner seeking to vacate a sentence must demonstrate both prongs of the Strickland test, and that the petitioner failed to establish ineffective assistance of counsel regarding the failure to file a Rule 35(b) motion or the failure to advise about
• Buck v. Green
  874 F.2d 1578· 11th Cir.· 1989-06-13 ·cited 4×·via Habeas Corpus Petition
  The court held that state courts did resolve the merits of the factual dispute regarding jury discrimination by finding the evidence unsubstantiated, thus the presumption of correctness under 28 U.S.C. § 2254(d)(1) should apply.
• Tague v. Puckett
  874 F.2d 1013· 5th Cir.· 1989-06-08 ·cited 4×·via Writ Of Habeas Corpus
  A state must provide an indigent defendant with a transcript of prior proceedings when needed for an effective defense, and counsel's memory or trial notes are not adequate alternatives.
• Franzen v. Brinkman
  877 F.2d 26· 9th Cir.· 1989-06-08 ·cited 4×
  Errors in a state post-conviction review process are not grounds for federal habeas corpus relief.
• United States v. Lewis
  875 F.2d 444· 5th Cir.· 1989-06-01 ·cited 4×·via Habeas Corpus Petition
  The court held that reducing the special parole term to match the court's erroneous statement at the time of the plea was an adequate remedy for a Rule 11 violation.
• J.F. v. Johnson
  543 So. 2d 471· Fla. 4th DCA· 1989-05-31 ·cited 4×·via Writ Of Habeas Corpus
  The petition for a writ of habeas corpus is granted because the child was detained in contravention of section 39.032, Florida Statutes, and the State conceded the child should be released.
• Williams v. A.L. Lockhart
  873 F.2d 1129· 8th Cir.· 1989-05-02 ·cited 4×·via Habeas Corpus Petition
  A procedural default in state post-conviction proceedings, specifically failing to file a timely petition under Ark.R.Crim.P. 37, bars federal habeas corpus relief unless cause and prejudice are shown.
• Chambers v. A.L. Lockhart
  872 F.2d 274· 8th Cir.· 1989-04-21 ·cited 4×
  The court held that the Miranda warnings given were adequate and that the evidence was sufficient to support the conviction, affirming the denial of the habeas corpus petition.
• In re Lindsey
  875 F.2d 1518· 11th Cir.· 1989-04-10 ·cited 4×
  The court held that mandamus is inappropriate because the district court lacked jurisdiction to entertain the motion for appointment of new counsel after its mandate had issued.
• Humanik v. Beyer
  871 F.2d 432· 3d Cir.· 1989-03-31 ·cited 4×·via Habeas Corpus Petition
  The court held that the New Jersey diminished capacity statute, as applied through the trial court's jury instructions, violated due process by impermissibly shifting the burden of persuasion to the defendant on an issue that negated an element of the crime.
• Paprocki v. Foltz
  869 F.2d 281· 6th Cir.· 1989-03-01 ·cited 4×·via Habeas Corpus Petition
• Titcomb v. Commonwealth OF Va.
  869 F.2d 780· 4th Cir.· 1989-02-10 ·cited 4×·via Habeas Corpus Petition
  The court would affirm dismissal of the Brady claim on the merits, finding no reasonable probability the undisclosed evidence would have changed the outcome.
• Butler v. Aiken
  864 F.2d 24· 4th Cir.· 1988-12-02 ·cited 4×
  The dissenting judge believes the defendant's conviction was obtained in violation of constitutional law and that he is entitled to habeas relief.
• Amanullah AND Wahidullah v. Cobb
  862 F.2d 362· 1st Cir.· 1988-11-22 ·cited 4×
  The court affirmed the judgment, finding that deportation to India was prevented by § 1253(h) given India's refusal to accept the aliens.
• Earvin v. Lynaugh
  860 F.2d 623· 5th Cir.· 1988-11-10 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner failed to establish ineffective assistance of counsel at the penalty phase of his trial and that his claim regarding the facial constitutionality of the Texas death penalty statute was not properly preserved.
• Thompson v. Jones
  870 F.2d 432· 8th Cir.· 1988-10-24 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appellant's double jeopardy claim was without merit and thus not a substantial constitutional issue, affirming the denial of the habeas corpus petition.
• Francis v. Dugger
  697 F. Supp. 472· S.D. Fla.· 1988-10-07 ·cited 4×
  The court denied Bobby Marion Francis's petition for a writ of habeas corpus, finding that any constitutional errors were harmless beyond a reasonable doubt.
• Neely v. Zimmerman
  858 F.2d 144· 3d Cir.· 1988-10-03 ·cited 4×
  The court held that the state procedural rule requiring issues to be raised in written post-verdict motions is an independent and adequate state ground that precludes federal habeas review, absent a showing of cause and prejudice.
• Smith v. Armontrout
  858 F.2d 1303· 8th Cir.· 1988-09-23 ·cited 4×·via Habeas Corpus Petition
  The court indicated its intention to deny the application for a certificate of probable cause, which would terminate the appeal and allow the scheduled execution to proceed.
• Ames v. Endell
  856 F.2d 1441· 9th Cir.· 1988-09-15 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as the attorneys' actions were within the bounds of reasonable professional judgment and tactical decisions were appropriate.
• York v. A.L. Lockhart
  856 F.2d 61· 8th Cir.· 1988-09-06 ·cited 4×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel because counsel's performance was not deficient and the petitioner suffered no prejudice from the alleged errors.
• Johnson v. Riveland
  855 F.2d 1477· 10th Cir.· 1988-09-02 ·cited 4×·via Habeas Corpus Petition
  The court held that the case is moot because the petitioner has been paroled and the state has already granted credit against the maximum sentence, rendering the issues incapable of judicial resolution.
• Babatunde Sunday Adesiji v. State OF Minn.
  854 F.2d 299· 8th Cir.· 1988-08-15 ·cited 4×
  The court held that the admission of expert testimony regarding general patterns of child sexual abuse accusations, even if improper under state law, did not rise to the level of a constitutional violation warranting federal habeas corpus relief.
• Bagby v. Sowders
  853 F.2d 1340· 6th Cir.· 1988-08-10 ·cited 4×
  The court held that the prosecutor's comments were not manifestly intended to reflect the accused's silence and would not naturally and necessarily be understood as such by the jury.
• Gunn v. Lanson Newsome
  851 F.2d 1294· 11th Cir.· 1988-08-08 ·cited 4×
• Harris v. State
  528 So. 2d 361· Fla.· 1988-07-01 ·cited 4×
  Theodore Harris appeals the denial of his postconviction 3.850 motion for relief from his death sentence for the 1981 murder of a 73-year-old woman. The Florida Supreme Court affirmed the trial court's denial, rejecting Harris' claims of ineffective assistance of counsel and deny
• Smith v. Dugger
  529 So. 2d 679· Fla.· 1988-06-16 ·cited 4×
  Jimmy Lee Smith petitions for habeas corpus to overturn his death sentence for the brutal murders of Bonnie Ward and her twelve-year-old daughter. The Florida Supreme Court denies the petition, finding that although a sentencing instruction error occurred under Hitchcock v. Dugge
• Dung Thai Tran v. A.L. Lockhart
  849 F.2d 1064· 8th Cir.· 1988-06-13 ·cited 4×·via Habeas Corpus Petition
  The dissenting judge would vacate the judgment dismissing the writ and remand for an evidentiary hearing.
• Catarino Gonzales, Jr. v. Grammer
  848 F.2d 894· 8th Cir.· 1988-06-07 ·cited 4×·via Habeas Corpus Petition
  The court held that the prior guilty pleas were not entered in accord with due process, as the defendant was not sufficiently informed of his constitutional rights to make an intelligent choice.
• Brooks v. Kincheloe
  848 F.2d 940· 9th Cir.· 1988-05-25 ·cited 4×
  The court held that the Sixth Amendment right to counsel was not violated because the jailhouse informant was not a government agent acting to deliberately elicit incriminating statements.
• Roberts v. Arvon J. Arave
  847 F.2d 528· 9th Cir.· 1988-05-23 ·cited 4×
  The court held that the petitioner failed to exhaust state remedies by not petitioning the Idaho Supreme Court for discretionary review and failed to show cause and prejudice to overcome the procedural default.
• Hillery C. Thorne, Jr. v. Bailey
  846 F.2d 241· 4th Cir.· 1988-05-05 ·cited 4×·via Habeas Corpus Petition
  The statute is unconstitutional because it is overbroad and abridges freedom of speech, and it was unconstitutionally applied to Thorne's conduct.
• Thomas v. Morris
  844 F.2d 1337· 8th Cir.· 1988-04-21 ·cited 4×
  The court held that the double jeopardy clause was violated by imposing consecutive sentences for felony murder and the underlying felony, requiring vacation of the unserved sentence.
• Landry v. Lynaugh
  844 F.2d 1117· 5th Cir.· 1988-03-29 ·cited 4×·via Habeas Corpus Petition
• Clark Varnell v. Young
  839 F.2d 1245· 7th Cir.· 1988-02-16 ·cited 4×
  The court held that the petitioner failed to exhaust state court remedies because the Wisconsin Court of Appeals explicitly stated he could pursue post-conviction relief under § 974.06, Wis.Stats., and he had not done so.
• Collin Montgomery v. United States Parole Comm'n
  838 F.2d 299· 8th Cir.· 1988-02-03 ·cited 4×
  The court held that the Parole Commission may rely on unadjudicated statements in a presentence investigation report when determining an offense severity rating for parole eligibility.