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

• Aiken v. Spalding
  841 F.2d 881· 9th Cir.· 1988-01-21 ·cited 4×
  The court held that the habeas petition must be dismissed without prejudice for failure to exhaust state remedies, as new evidence was presented that had not been considered by state courts.
• Jones v. Smith
  835 F.2d 175· 8th Cir.· 1987-12-09 ·cited 4×·via Habeas Corpus Petition
  A prisoner's claim for restoration of good-time credits is a habeas corpus claim requiring exhaustion of state remedies, but a claim for monetary damages under section 1983 should be stayed, not dismissed, pending exhaustion.
• Stamps v. Rees
  834 F.2d 1269· 6th Cir.· 1987-12-07 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner's claims of insufficient evidence for his persistent felony offender conviction, the trial court's failure to conduct an on-the-record inquiry into the voluntariness of a de facto guilty plea, and ineffective assistance of counsel were without m
• Erling Knud Ove Hansen, Jr. v. Dugger
  515 So. 2d 1345· Fla. 1st DCA· 1987-11-24 ·cited 4×
  Hansen appeals the trial court's summary denial of his habeas corpus petition challenging his parole revocation. The court reversed, finding the trial court erred in summarily dismissing grounds related to delay in preliminary hearing, lack of timely notice, inability to cross-ex
• Rogers v. Carver
  833 F.2d 379· 1st Cir.· 1987-11-17 ·cited 4×
  The court held that jury instructions, when viewed in context, did not rise to constitutional magnitude, did not impermissibly shift the burden of proof, and that a manslaughter instruction was not warranted by the evidence.
• Beam v. Foltz
  832 F.2d 1401· 6th Cir.· 1987-11-10 ·cited 4×·via Habeas Corpus Petition
  The court held that the prosecutor's argument, while potentially misleading, did not render the trial fundamentally unfair, and that defense counsel's performance was not ineffective.
• Cobb v. E.P. Perini
  832 F.2d 342· 6th Cir.· 1987-11-06 ·cited 4×·via Habeas Corpus Petition
  The court held that the admission of pre-Miranda statements was not reversible error, and the appellant was not denied effective assistance of counsel.
• Coy Ray Phelps v. United States
  831 F.2d 897· 9th Cir.· 1987-11-03 ·cited 4×
  The court held that the commitment statutes, 18 U.S.C. §§ 4243 and 4247, are not unconstitutionally vague or overbroad.
• Netherly v. Dugger
  513 So. 2d 259· Fla. 2d DCA· 1987-10-02 ·cited 4×
  Florida appellate court affirmed denial of habeas corpus petition where inmate challenged forfeiture of gain time as ex post facto, holding the petition was premature because inmate remained legally confined.
• Turner v. Henman
  829 F.2d 612· 7th Cir.· 1987-09-14 ·cited 4×
  A prisoner is not entitled to habeas corpus relief for the Parole Commission's failure to follow its own regulations unless that failure also violates a constitutional provision.
• Rosario Joseph Dispensa v. Lynaugh
  826 F.2d 375· 5th Cir.· 1987-09-04 ·cited 4×·via Habeas Corpus Petition
  The court held that new evidence presented at a federal habeas hearing, which significantly strengthens the petitioner's claims regarding an impermissibly suggestive identification procedure, requires the state courts to be given an opportunity to consider this evidence first.
• Webb v. Black
  826 F.2d 769· 8th Cir.· 1987-08-18 ·cited 4×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the district court correctly denied the habeas corpus petition because the petitioner failed to overcome the presumption of verity attached to his guilty plea and state court findings.
• Sahagian v. Dickey
  827 F.2d 90· 7th Cir.· 1987-08-14 ·cited 4×·via Habeas Corpus Proceedings
  The court held that a state is not constitutionally required to provide legal materials for discretionary appeals, but reversed the denial of damages for denial of access at Marion, remanding for further proceedings.
• Escalera v. Coombe
  826 F.2d 185· 2d Cir.· 1987-08-13 ·cited 4×·via Habeas Corpus Petition
  The court held that precluding an alibi witness solely as a sanction for noncompliance with notice statutes, absent a showing of substantial prejudice, violates the Sixth and Fourteenth Amendments, and that the district court erred in failing to review the sufficiency of evidenti
• Pillette v. Dale Foltz & Frank Kelley
  824 F.2d 494· 6th Cir.· 1987-07-23 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner failed to exhaust his state remedies for his ineffective assistance of counsel claim and that futility did not excuse this failure.
• Eddy Ray Messimer v. A.L. Lockhart
  822 F.2d 43· 8th Cir.· 1987-06-30 ·cited 4×·via Petition For Habeas Corpus Relief
  The court held that the district court did not abuse its discretion in dismissing the habeas corpus petition for abuse of the writ and procedural default, finding the appellant had adequate notice.
• Terrado v. A.D. Moyer
  820 F.2d 920· 7th Cir.· 1987-06-12 ·cited 4×
  The court held that the district court lacked jurisdiction to hear the habeas corpus petition because the alien was not in custody and the case was moot.
• United States v. ELK
  820 F.2d 959· 8th Cir.· 1987-06-10 ·cited 4×
  A jury verdict is constitutional if jurors substantially agree on the nature of the defendant's guilty act, even if they disagree on whether the defendant acted as a principal or an aider/abettor.
• Glass v. Hilton Butler
  820 F.2d 112· 5th Cir.· 1987-06-10 ·cited 4×·via Habeas Corpus Petition
  The court held that the applicant failed to make a substantial showing of the denial of a federal right, thus denying the certificate of probable cause and dismissing the appeal.
• Agan v. Duggar
  508 So. 2d 11· Fla.· 1987-06-08 ·cited 4×·via Writ Of Habeas Corpus
  James Agan, under a death warrant, petitioned the Florida Supreme Court for a writ of habeas corpus and a stay of execution. The Court denied both petitions, rejecting claims that the sentencing judge failed to consider nonstatutory mitigating circumstances and that appellate cou
• McDONALD v. Black
  820 F.2d 260· 8th Cir.· 1987-06-01 ·cited 4×
  The court held that a state's failure to comply with parental notification statutes, even if proven, does not automatically violate a juvenile's due process rights unless it renders the trial fundamentally unfair. Furthermore, the court affirmed that the juvenile's waiver of his
• Augustine v. Brewer
  821 F.2d 365· 7th Cir.· 1987-05-28 ·cited 4×·via Habeas Corpus Petition
  The court held that the Parole Commission did not breach the plea agreement, abuse its discretion, or engage in double-counting when determining the petitioner's offense severity rating and presumptive parole date.
• Quenton N. Brown v. Butler
  815 F.2d 1054· 5th Cir.· 1987-05-05 ·cited 4×·via Habeas Corpus Petition
  A pro se petitioner is not barred by abuse of the writ for raising claims based on new controlling case law of which they were unaware. The claim regarding psychiatric testimony and self-incrimination warrants a hearing.
• Beltempo v. Hadden
  815 F.2d 873· 2d Cir.· 1987-04-07 ·cited 4×
  The application of parole guidelines not in place at the time of sentencing does not violate the ex post facto clause, and the Parole Commission did not abuse its discretion in setting a presumptive parole date.
• DeVINE v. Solem
  815 F.2d 1205· 8th Cir.· 1987-04-07 ·cited 4×
  The court held that the district court applied the wrong standard in determining whether the admission of appellant's incriminating statements was harmless error.
• Meadows v. Kuhlmann
  812 F.2d 72· 2d Cir.· 1987-02-20 ·cited 4×
  Any error in admitting the lineup identification and the defendant's incriminating statements for impeachment was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• Wang v. Withworth
  811 F.2d 952· 6th Cir.· 1987-02-11 ·cited 4×
  The dissenting judge would deny the writ of habeas corpus, finding that the trial judge's declaration of a mistrial due to prejudice, rather than insufficient evidence, does not bar retrial under the Double Jeopardy Clause.
• Miller v. Hadden
  811 F.2d 743· 2d Cir.· 1987-02-02 ·cited 4×
  The court held that good time credits earned after 1976 are forfeitable upon parole revocation, and the Parole Commission's failure to specifically warn of street time loss did not violate due process.
• Williams v. Louie L. Wainwright
  503 So. 2d 890· Fla.· 1987-01-29 ·cited 4×
  The court held that appellate counsel was not ineffective for failing to raise meritless arguments or for not advancing novel but unacceptable legal theories on appeal.
• Hernandez v. State
  501 So. 2d 163· Fla. 3d DCA· 1987-01-27 ·cited 4×·via Writ Of Habeas Corpus
  Hernandez's appellate counsel failed to challenge a sentence imposed outside sentencing guidelines that lacked clear and convincing written reasons for departure. The court granted his habeas corpus petition for ineffective assistance of appellate counsel and remanded for resente
• Kilby v. Otie Jones
  809 F.2d 324· 6th Cir.· 1987-01-16 ·cited 4×·via Habeas Corpus Petition
• Davis v. Blackburn
  803 F.2d 1371· 5th Cir.· 1986-11-10 ·cited 4×·via Habeas Corpus Petition
  A federal court is not foreclosed from sua sponte applying the principle of Stone v. Powell when the petitioner has had a full and fair hearing on their Fourth Amendment claim in state court.
• Stewart v. Louie L. Wainwright
  802 F.2d 395· 11th Cir.· 1986-10-06 ·cited 4×·via Habeas Corpus Petition
  The court granted a stay of execution of the death sentence pending further order.
• Woodrick v. Captain Peter B. Hungerford
  800 F.2d 1413· 5th Cir.· 1986-10-01 ·cited 4×·via Habeas Corpus Petition
  A servicemember seeking rescission of enlistment contracts via habeas corpus must exhaust all available intraservice remedies, unless they can demonstrate futility or irreparable harm in doing so.
• Mira v. Marshall
  806 F.2d 636· 6th Cir.· 1986-09-29 ·cited 4×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, as the petitioner failed to demonstrate constitutional violations regarding de novo review, appointment of counsel, jury instructions, indictment sufficiency, evidence sufficie
• Troedel v. Wainwright
  667 F. Supp. 1456· S.D. Fla.· 1986-09-23 ·cited 4×
  The court held that the prosecution's knowing use of misleading expert testimony and the failure to disclose exculpatory evidence rendered the trial fundamentally unfair, warranting habeas corpus relief.
• Hunt v. M.L. Woodson
  800 F.2d 416· 4th Cir.· 1986-09-11 ·cited 4×·via Habeas Corpus Petition
  The dissenting judge believes the majority opinion incorrectly reversed the district court's judgment.
• Thomas v. Hoppe
  493 So. 2d 549· Fla. 4th DCA· 1986-09-10 ·cited 4×
  Parents Nelson Thomas and Hipomene Cadet sought habeas corpus relief from a permanent commitment order of their four minor children to HRS. The court vacated the commitment order due to the destruction of the hearing tape and the uncertainty regarding whether parents were properl
• Smith v. Louie L. Wainwright
  799 F.2d 1442· 11th Cir.· 1986-09-08 ·cited 4×·via Writ Of Habeas Corpus
  The court affirmed the district court's grant of a writ of habeas corpus, finding that the defendant was deprived of critical evidence due to the state's failure to disclose prior inconsistent statements of a key witness.
• Maggard v. Wyrick
  800 F.2d 195· 8th Cir.· 1986-09-02 ·cited 4×
  The court held that the application of the amended parole statute did not violate the ex post facto clause because the prisoner's parole would have been denied under the old statute, and that the prisoner had no due process right to access his parole file as the amended statute n
• Red Martin Cain v. Petrovsky
  798 F.2d 1194· 8th Cir.· 1986-08-20 ·cited 4×
  The court held that federal courts lack jurisdiction under § 2241 to grant relief for violations of state law or state speedy trial provisions, and that jail time served in connection with a dropped federal charge is not creditable against a federal sentence for unrelated offense
• Wickstrom v. Schardt
  798 F.2d 268· 7th Cir.· 1986-08-19 ·cited 4×
  The court affirmed the dismissal of the habeas corpus petition because at least one claim was unexhausted and the petitioner was no longer in custody.
• Tyree v. J.D. White
  796 F.2d 390· 11th Cir.· 1986-08-11 ·cited 4×·via Habeas Corpus Petition
  The court affirmed the denial of habeas corpus on four claims but reversed and remanded for an evidentiary hearing on the claim of an unconstitutionally disproportionate sentence.
• Bradshaw v. O.L. McCOTTER
  796 F.2d 100· 5th Cir.· 1986-08-06 ·cited 4×·via Habeas Corpus Petition
  A judge should not be required to recuse themselves based solely on appearances when there is no actual bias or question of impartiality.
• McCOY v. Cabana
  794 F.2d 177· 5th Cir.· 1986-07-11 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner's constitutional rights were not violated during his state court conviction, affirming the denial of his habeas corpus petition.
• Daniel v. Warden, State Corr. Inst. AT Huntingdon, PA. & the Attorney Gen. of the State of Pa. Appeal of John Robert Daniel
  794 F.2d 880· 3d Cir.· 1986-07-08 ·cited 4×
  The court held that the district court erred in applying the presumption of correctness under 28 U.S.C. § 2254(d) to the state court's determination of the double jeopardy claim, but affirmed the denial of the writ because the double jeopardy claim lacked merit.
• Holland v. Scully
  797 F.2d 57· 2d Cir.· 1986-07-07 ·cited 4×·via Habeas Corpus Petition
  The court held that the admission of co-defendants' confessions, in light of the Supreme Court's decision in Lee v. Illinois, constituted a Bruton violation that could not be considered harmless error.
• Bautista v. O.L. McCOTTER
  793 F.2d 109· 5th Cir.· 1986-06-30 ·cited 4×·via Habeas Corpus Petition
  A Texas inmate seeking federal habeas relief has not exhausted state remedies if they failed to petition the Texas Court of Criminal Appeals for review of their conviction, even if review is discretionary.
• Holley v. Smith
  792 F.2d 1046· 11th Cir.· 1986-06-30 ·cited 4×
  A sentence of life without parole under Alabama's Habitual Felony Offender Act for a violent Class A felony, following multiple prior felony convictions, is not unconstitutionally disproportionate under the Eighth Amendment.
• Black v. State
  490 So. 2d 1287· Fla. 1st DCA· 1986-06-18 ·cited 4×