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
-
The court held that the appellant did not receive ineffective assistance of counsel and that the omission of a jury instruction regarding the state's burden to disprove self-defense did not rise to the level of plain error or prejudice sufficient for federal habeas relief.
-
452 So. 2d 929·
Fla.·
1984-06-15
·cited 4×
Carl Shriner appealed the denial of his post-conviction motion for relief in a capital murder case. The Florida Supreme Court affirmed the denial, rejecting claims that he was excluded from bench conferences and that his counsel was ineffective during sentencing. The decision was
-
The dissenting judge would remand for factual findings on jury selection fairness, disagreeing with the majority's affirmance.
-
734 F.2d 402·
8th Cir.·
1984-05-25
·cited 4×
The court held that the Parole Commission acted within its discretion by considering conduct underlying dismissed counts for offense severity classification, and that the Government did not breach the plea agreement.
-
The court held that extradition proceedings are not criminal in nature and thus do not implicate the Sixth Amendment right to a speedy trial, nor can delays in extradition be reviewed in a federal habeas corpus proceeding.
-
The court held that a Sixth Amendment confrontation clause claim, raised sua sponte by the district court and not exhausted in state courts, renders a habeas petition "mixed" and requires dismissal of that claim, but the petition is not considered mixed if the petitioner only rai
-
450 So. 2d 1286·
Fla. 2d DCA·
1984-03-22
·cited 4×
-
The court held that the petitioner had not exhausted his state remedies regarding his claim for a new trial based on new evidence, and thus his federal habeas petition was properly dismissed.
-
728 F.2d 489·
10th Cir.·
1984-03-02
·cited 4×
The federal district court and its magistrate failed to comply with the requirements of 28 U.S.C. § 2254(d) by relying on an informal investigatory hearing rather than a formal, adversarial evidentiary hearing.
-
728 F.2d 874·
7th Cir.·
1984-02-17
·cited 4×
The court affirmed the grant of summary judgment, holding that any prosecutorial misconduct before the grand jury was remedied by a fair trial, and the failure to give a lesser included offense instruction did not constitute a fundamental miscarriage of justice.
-
The use of hearsay evidence at a probation revocation hearing is not per se unconstitutional if it bears substantial indicia of trustworthiness, and participation in a violent incident like pointing a gun is a sufficient ground for revocation.
-
Noncompliance with local rules regarding oral argument on summary judgment motions is not reversible error absent a showing of prejudice. The state defendants' failure to prevent a witness's detention or secure release was not the proximate cause of the detention under Nevada law
-
The court held that the post-telephone call statements were admissible, the Massachusetts felony murder theory was constitutional, and the denial of a continuance did not violate the Sixth Amendment.
-
The court held that the petitioner had not exhausted state remedies because he failed to properly present his claims, including ineffective assistance of counsel to excuse procedural default, to the state courts.
-
A defendant must be advised prior to pleading guilty or nolo contendere that the court can retain jurisdiction over part of the sentence.
-
720 F.2d 993·
8th Cir.·
1983-11-16
·cited 4×
The court held that the appellant failed to demonstrate cause for his procedural default because his 1979 counsel's investigation into his claimed innocence met the constitutional standard for effective assistance.
-
The court denied the Attorney General's motion for a stay pending appeal, requiring the state to release the petitioner, but later granted reconsideration and a stay pending appeal due to new information.
-
-
718 F.2d 441·
D.C. Cir.·
1983-09-16
·cited 4×
The court held that a subsequent sentence ordered to run concurrently with an earlier sentence can only run with the unexpired portion of the earlier sentence.
-
The court affirmed the denial of the habeas corpus petition, finding the concurrent sentence doctrine applicable.
-
The court held that the prisoner was denied due process due to an inadequate voluntariness hearing for his confession and received ineffective assistance of counsel, entitling him to habeas relief.
-
The court held that the defendant's reindictment on more serious charges after his guilty plea was withdrawn did not constitute prosecutorial vindictiveness because the charges were not more severe than those in the original indictment, and his retrial was not barred by double je
-
The court granted a stay of execution and directed the district court to determine if prior convictions were uncounseled and if their use violated due process, as a certificate of probable cause may be warranted.
-
The court held that the appellant failed to establish a prima facie case of underrepresentation of women on the jury venire, as required for a Sixth Amendment fair cross-section claim.
-
The court held that the petitioner's guilty pleas were voluntary and that the trial court did not err in failing to sua sponte order a competency hearing.
-
712 F.2d 238·
6th Cir.·
1983-07-21
·cited 4×
The court held that the Supreme Court's decision in Weir v. Fletcher narrowly limited Doyle v. Ohio, vacating prior Sixth Circuit precedent that had granted habeas corpus relief based on an expansive reading of Doyle.
-
713 F.2d 1195·
6th Cir.·
1983-06-22
·cited 4×
The dissenting judge would affirm the district court's denial of habeas corpus, finding the Parole Commission correctly applied the amended Federal Youth Corrections Act criteria.
-
710 F.2d 645·
10th Cir.·
1983-06-13
·cited 4×
The court held that the evidence was insufficient to support a first-degree murder conviction for aiding and abetting, as there was no proof Sanders had full knowledge of the perpetrator's intent to kill.
-
The court held that the fraudulent procurement of a state birth certificate for an alien constitutes a violation of 18 U.S.C. § 1425, as a birth certificate qualifies as 'other evidence of citizenship'.
-
702 F.2d 909·
11th Cir.·
1983-04-11
·cited 4×
The court held that the defendant failed to meet the burden of showing that the ends of justice would be served by a redetermination of his habeas corpus petition, despite his claims of lack of counsel and understanding.
-
The court held that an alien is not entitled to a speedy deportation hearing under the Sixth Amendment, the Interstate Agreement on Detainers, or the Speedy Trial Act because deportation proceedings are civil, not criminal.
-
-
701 F.2d 311·
4th Cir.·
1983-03-03
·cited 4×
The court held that the district court erred in placing the burden of proof on the petitioner to show harm from counsel's incompetence, rather than on the state to show the error was harmless.
-
The court held that confining a defendant to the prisoner's dock without a finding of necessity for security, over objection, unconstitutionally impaired his right to a fair trial.
-
427 So. 2d 220·
Fla. 1st DCA·
1983-02-11
·cited 4×
Roy Rowls petitioned for habeas corpus after being imprisoned for contempt of court for failure to pay child support. The Florida appellate court granted the petition and ordered his discharge because the circuit court had not yet rendered a written order constituting the legal a
-
The court held that the petitioner received reasonably effective assistance of counsel, and thus the district court did not err in dismissing his habeas corpus petition.
-
The court held that the state trial court's procedure of accepting guilty pleas under protest and then proceeding to hear evidence to determine guilt did not violate due process or the right to effective assistance of counsel.
-
696 F.2d 303·
4th Cir.·
1982-12-15
·cited 4×
The Fourth Amendment exclusionary rule does not apply to state probation revocation hearings when the state has provided an opportunity for full and fair litigation of the Fourth Amendment claim.
-
694 F.2d 6·
1st Cir.·
1982-12-03
·cited 4×
The court affirmed the denial of the habeas corpus petition, holding that the state trial court's jury instructions on reasonable doubt and burden of proof, including the burden of proving absence of duress, were not unconstitutional.
-
693 F.2d 808·
8th Cir.·
1982-12-01
·cited 4×
The court held that a federal court must grant an evidentiary hearing on a habeas petition if relevant facts are in dispute and a fair hearing was not granted in state court, but affirmed the denial because the petitioner's claim could be resolved on the record.
-
The court held that successive prosecutions for firearms and drug offenses did not violate the Fifth Amendment's prohibition against double jeopardy or due process rights.
-
420 So. 2d 659·
Fla. 4th DCA·
1982-10-20
·cited 4×
The court granted the petition for a writ of habeas corpus, allowing the petitioner to proceed with a delayed appeal.
-
The court held that jury instructions creating a presumption of malice that shifted the burden of persuasion to the defendant violated due process and were not harmless error.
-
689 F.2d 7·
1st Cir.·
1982-09-24
·cited 4×
The court affirmed the denial of the petition for a writ of habeas corpus, finding no constitutional error in the state court's denial of a new trial.
-
417 So. 2d 804·
Fla. 5th DCA·
1982-08-04
·cited 4×
Avera petitioned for a writ of habeas corpus seeking delayed appellate review after his assistant public defender failed to timely file a notice of appeal. The court granted the petition, holding that ineffective assistance of counsel excuses strict compliance with the 30-day app
-
The court held that due process prohibits the retroactive application of a new procedural rule (Kimbrough) that bars substantive review of convictions when petitioners complied with prior procedural requirements.
-
684 F.2d 249·
3d Cir.·
1982-07-22
·cited 4×
The court held that the district court did not abuse its discretion in denying Wilson's motion to open the habeas corpus judgment because the Supreme Court's decision in Cuyler v. Adams was inapplicable to his factual situation.
-
681 F.2d 555·
8th Cir.·
1982-07-07
·cited 4×
The court affirmed the dismissal of the habeas petition regarding the reckless driving conviction, finding no jurisdiction, and dismissed the probation revocation claim for failure to exhaust state remedies.
-
The court held that Maryland law permits multiple prosecutions and punishments for armed robbery of multiple custodians of property, even during a single episode, and that sufficient evidence supported the convictions.
-
A petitioner's failure to object at trial does not preclude federal habeas review if the state appellate court considered the merits, but the failure to object remains a factor in the federal court's analysis.