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 admission of a codefendant's confession in a 1958 murder trial constituted harmless error, and that Nevada's mandatory death penalty statute for a person serving a life sentence violated the Eighth and Fourteenth Amendments.
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789 F.2d 1209·
5th Cir.·
1986-05-21
·cited 4×
A Rule 9(a) dismissal of a habeas corpus petition is inappropriate without providing the petitioner notice and an opportunity to be heard.
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791 F.2d 107·
8th Cir.·
1986-05-16
·cited 4×
The court affirmed the district court's judgment.
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790 F.2d 716·
8th Cir.·
1986-05-14
·cited 4×
The court held that the Bureau of Prisons' policy of treating the sentence imposed upon revocation of probation as cumulative to the time already served under a split sentence is permissible, absent explicit direction from the sentencing court to the contrary.
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The court held that the trial court's acceptance of a guilty plea did not violate due process, and the defendant's counsel did not provide ineffective assistance.
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487 So. 2d 1156·
Fla. 1st DCA·
1986-04-23
·cited 4×
Richard Seccia appeals the dismissal of his habeas corpus petition, which was filed by a fellow inmate acting as his "next friend." The court reversed the dismissal, holding that habeas corpus petitions may be filed by a friend or agent on behalf of a detained person, and that co
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David Livingston Funchess petitioned for a writ of habeas corpus and stay of execution following his 1975 conviction for two counts of first-degree murder. The Florida Supreme Court denied both requests, holding that Funchess's challenge to death-qualified juries was procedurally
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The court held that the denial of severance was not an abuse of discretion, as the appellant failed to demonstrate prejudice sufficient to warrant relief under Fed. R. Crim. P. 14.
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788 F.2d 669·
10th Cir.·
1986-04-11
·cited 4×
The court held that the petitioner's constitutional rights were not violated during his state trial, and therefore, his petition for a writ of habeas corpus was properly denied. The court affirmed the district court's judgment.
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The court held that the case was governed by Shea v. Louisiana, meaning Edwards v. Arizona applied to Greenawalt's questioning because his petition for certiorari was pending when Edwards was decided.
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783 F.2d 1409·
9th Cir.·
1986-03-04
·cited 4×
The court held that the Tribal Court commenced proceedings within the mandated sixty days and that the district court erred in granting a writ of habeas corpus, as the Tribal Court's actions were not demonstrably not expeditious.
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The court held that the petitioner failed to meet the 'cause' and 'prejudice' requirements for federal habeas corpus relief, affirming the denial of the writ.
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The state waived its exhaustion defense by not raising it in the district court, and the petitioner's Fifth Amendment privilege against self-incrimination was not violated by police questioning.
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781 F.2d 730·
9th Cir.·
1986-01-27
·cited 4×
The court held that a prosecutor's recommendation regarding parole eligibility, made after sentencing and to the Parole Commission, does not violate a plea agreement where the agreement only promised not to make a recommendation regarding the sentence itself.
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The court held that the prisoner's notice of appeal was timely filed due to excusable neglect and the district court's sua sponte extension, and that an evidentiary hearing is required on the claim of a guilty plea based on misinformation.
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The court held that the petitioners' reincarceration did not violate their constitutional rights to equal protection, due process, or protection against ex post facto laws or cruel and unusual punishment.
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778 F.2d 950·
2d Cir.·
1985-12-09
·cited 4×
The Commission's appeal is dismissed as moot because the D.C. court reduced Corbett's sentence, rendering the issue academic; Corbett's cross-appeal is affirmed in part and dismissed in part regarding sentence computation.
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777 F.2d 527·
9th Cir.·
1985-12-02
·cited 4×
The court held that the Due Process Clause does not require state courts to establish a factual basis for a guilty plea absent special circumstances, and that no conflict of interest affected the adequacy of appellate representation.
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778 F.2d 1444·
10th Cir.·
1985-11-25
·cited 4×
An offender sentenced under the Youth Corrections Act who violates parole is not entitled to good time credits for improper incarceration, even if the improper incarceration was a violation of the Act.
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477 So. 2d 36·
Fla. 2d DCA·
1985-10-18
·cited 4×
The court held that the trial court improperly granted a writ of habeas corpus in a child custody dispute because the petition failed to properly invoke the court's jurisdiction under Chapter 39, Florida Statutes.
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The court held that a habeas petitioner claiming ineffective assistance of counsel due to external constraints must still demonstrate actual prejudice, and that state court factual findings are entitled to a presumption of correctness.
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474 So. 2d 409·
Fla. 1st DCA·
1985-08-22
·cited 4×
The court held that a writ of habeas corpus cannot be used to compel a public agency to exercise its discretion in a specific manner, and unsupported allegations are insufficient for relief.
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The court affirmed the conviction, finding the admission of the child victim's hearsay statements violated the defendant's Sixth Amendment right to confront witnesses.
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The state appealed an order dismissing drug trafficking charges against appellees, which were based on an investigation using a confidential informant, Robert Bennett, who had an agreement for a reduced sentence.
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768 F.2d 69·
3d Cir.·
1985-07-16
·cited 4×
The court held that a federal court is bound by the presumption of correctness of state court factual findings, and that a state appellate court's reliance on a trial judge's post-trial opinion to clarify the basis for denying a jury trial waiver does not constitute a denial of f
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The court held that a state trial judge's determination of jury deadlock, which forms the basis for a mistrial, is entitled to great deference on federal habeas review, and the record supported the finding of manifest necessity for the mistrial.
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767 F.2d 509·
8th Cir.·
1985-07-15
·cited 4×
The Court held that the United States Parole Commission's practice of giving equal weight to prior misdemeanor and felony convictions in determining parole eligibility is not an abuse of discretion and does not violate the ex post facto clause or Congressional intent.
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The court held that the District Court erred in denying a Rule 60(b) motion for lack of jurisdiction, as an appeal had already been decided.
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765 F.2d 63·
6th Cir.·
1985-06-11
·cited 4×
The court affirmed the denial of the habeas corpus petition, finding no constitutional violations in the petitioner's state court trial.
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468 So. 2d 1102·
Fla. 1st DCA·
1985-05-16
·cited 4×
Hansen appealed the denial of his habeas corpus petition challenging his parole revocation. The court reversed, holding that the trial court properly granted his motion for reconsideration based on the Florida Supreme Court's decision in Miller v. Toles, which requires a parolee
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760 F.2d 836·
7th Cir.·
1985-04-30
·cited 4×
A federal court may deny habeas relief based on a petitioner's "deliberate bypass" of state procedures, even if no procedural default occurred under state law, when the petitioner strategically sought an unentitled benefit.
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757 F.2d 789·
6th Cir.·
1985-03-26
·cited 4×
The district court abused its discretion by barring retrial based on the state's delay in retrying the petitioner, as the petitioner was no longer held under the constitutionally defective conviction.
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The court held that a state court's factual finding regarding a habeas petitioner's understanding of potential punishment is presumed correct under 28 U.S.C. § 2254(d), and an erroneous statement by the sentencing judge does not invalidate a guilty plea if the petitioner was othe
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756 F.2d 675·
8th Cir.·
1985-03-11
·cited 4×
The court held that the appellant failed to demonstrate that the application of the 1983 Parole Guidelines resulted in a more unfavorable parole determination than the 1982 Guidelines would have.
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The court held that while the Parole Commission has the authority to set a release date above the guidelines due to aggravating circumstances, it must provide the prisoner with notice and an opportunity to respond to those circumstances.
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The court held that an actual conflict of interest existed due to dual representation of co-defendants with divergent interests, violating the Sixth Amendment right to effective assistance of counsel.
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The court held that the continuous presence of armed, uniformed state troopers behind defendants during a lengthy trial, without a demonstrated necessity for such heightened security, violated the presumption of innocence and deprived the defendants of a fair trial.
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The court held that counsel's failure to object to a jury instruction variance did not constitute ineffective assistance of counsel because the petitioner suffered no prejudice under federal constitutional standards and Texas law at the time would not have guaranteed a reversal.
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748 F.2d 852·
4th Cir.·
1984-11-02
·cited 4×
The court held that a state is not constitutionally required to provide a defendant with a psychiatrist, and that the prisoner's claims were either foreclosed by precedent, barred by procedural default, or not supported by the evidence.
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746 F.2d 393·
7th Cir.·
1984-10-17
·cited 4×
The court held that a habeas corpus petition is the proper avenue to challenge the execution of a sentence, not its validity, and that a subsequent administrative 'no benefit' ruling under the Youth Corrections Act, issued without a hearing, is ineffective.
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The court affirmed the denial of habeas corpus relief, finding the petitioner abused the writ by raising new issues in a successive petition and that the claims lacked merit.
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456 So. 2d 1302·
Fla. 2d DCA·
1984-10-05
·cited 4×
The court held that claims that could have been raised on direct appeal are procedurally barred in a motion for postconviction relief. The court also held that ineffective assistance of appellate counsel must be raised by writ of habeas corpus.
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455 So. 2d 557·
Fla. 4th DCA·
1984-08-27
·cited 4×
The court reviewed a habeas corpus petition concerning a child's dependency adjudication, finding the petition procedurally flawed but suggesting mandamus to compel an evidentiary hearing due to delays and lack of proper procedure.
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The court held that the district court erred in finding procedural default on the involuntariness claim, and remanded for consideration of that claim on the merits.
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739 F.2d 1455·
9th Cir.·
1984-08-10
·cited 4×
The court held that the appellant's departure and return on advance parole did not strip him of his right to deportation proceedings, and his status must be adjudicated accordingly.
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741 F.2d 834·
6th Cir.·
1984-08-03
·cited 4×
The court held that the use of prior uncounseled misdemeanor convictions for impeachment purposes did not violate due process, and any instructional error regarding malice was harmless beyond a reasonable doubt.
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The court held that the district court correctly denied habeas corpus relief, as the state court's findings on mental fitness and impartiality of the jury were entitled to deference.
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738 F.2d 889·
7th Cir.·
1984-07-16
·cited 4×
The court held that the jury instructions, when read as a whole, adequately informed the jury that the state bore the burden of proving all elements of arson beyond a reasonable doubt, thus not violating the due process clause.
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A prisoner's claim for release from administrative segregation into the general population is not a 'civil action' under the Equal Access to Justice Act if it is treated as a habeas corpus petition.
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The court held that the petitioner failed to demonstrate prejudice from counsel's alleged failures, thus not meeting the standard for ineffective assistance of counsel.