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 appellant failed to establish a constitutional violation of his speedy trial rights, affirming the denial of his habeas corpus petition.
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680 F.2d 48·
8th Cir.·
1982-06-11
·cited 4×
The court held that the district court correctly granted the petition for writ of habeas corpus, finding that the petitioner received ineffective assistance of counsel.
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678 F.2d 68·
8th Cir.·
1982-05-19
·cited 4×
The court granted the inmate's petition for an injunction pending appeal, requiring prison officials to maintain his current conditions of confinement.
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677 F.2d 17·
4th Cir.·
1982-04-28
·cited 4×
The Navy lacks independent authority to involuntarily extend enlistments based on apprehension or charges by civil authorities, rendering the BUPERSMAN provision invalid as it conflicts with Navy Regulations.
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The court held that the appellant failed to establish a prima facie violation of the Constitution's fair cross-section requirement due to the exclusion of women from jury venires.
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671 F.2d 298·
8th Cir.·
1982-02-24
·cited 4×
The court held that successive prosecutions by state and federal governments are not barred by the double jeopardy clause and that the 'Petite policy' is not constitutionally mandated.
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668 F.2d 805·
5th Cir.·
1982-02-22
·cited 4×
The Attorney General may apprehend a Mexican national who escaped from Mexican custody after being transferred there to serve a U.S. sentence, and return him to Mexico without a warrant or extradition proceedings, provided he is given an opportunity to consult counsel and petitio
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668 F.2d 1006·
8th Cir.·
1982-01-27
·cited 4×
The court held that the sua sponte action of the sentencing court in deleting the special parole term was sufficient under Bifulco, and the petition for habeas corpus was properly denied.
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668 F.2d 999·
8th Cir.·
1982-01-25
·cited 4×
The court affirmed the denial of the habeas corpus petition, finding no constitutional violations and that counsel was not ineffective.
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411 So. 2d 200·
Fla. 1st DCA·
1982-01-14
·cited 4×
An inmate sought habeas corpus relief to invalidate a Kentucky parole violation detainer, arguing that Florida's Interstate Agreement on Detainers Act (IAD) should be extended to cover parole violations as Kentucky's law had been amended to include them. The Florida appellate cou
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The court held that the defendant was tried and convicted under the correct statute, despite the indictment referencing a repealed statute, because the jury instructions and verdict clearly indicated the new statute was applied.
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The retrial of a defendant for felony murder after the felony murder count was nolle prossed violates the Double Jeopardy Clause.
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663 F.2d 789·
8th Cir.·
1981-11-10
·cited 4×
The court affirmed the denial of the petition for writ of habeas corpus because the petitioner raised new claims on appeal that were not presented to the district court and had not been exhausted in state courts.
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661 F.2d 143·
10th Cir.·
1981-10-05
·cited 4×
The court held that the district court erred in denying an evidentiary hearing on the appellant's claims of ineffective assistance of counsel, requiring remand for further proceedings.
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The court held that the state's petition for rehearing should be denied because the petitioner made a bona fide effort to exhaust state remedies, and the state's subsequent arguments lacked merit.
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658 F.2d 639·
8th Cir.·
1981-09-15
·cited 4×
The court held that the petitioner suffered no adverse effects from the forfeiture of good time credit and that his current good time credit is being properly calculated.
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The appellate court affirmed the denial of the habeas corpus petition and recusal motion, finding no merit in the appellant's arguments.
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The court held that the prisoner was not deprived of liberty without due process because the sentence imposed was the minimum the jury could have imposed for the offense of conviction.
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651 F.2d 1082·
5th Cir.·
1981-07-27
·cited 4×
The court held that a guilty plea is not rendered involuntary solely because it was entered to limit the maximum sentence or avoid a possible death penalty, and that a competency hearing is only required if evidence raises a bona fide doubt.
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653 F.2d 750·
2d Cir.·
1981-07-14
·cited 4×
The dissenting judge believes the case should be remanded for an evidentiary hearing to determine if the guilty plea was based on a mistaken belief about the maximum sentence.
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650 F.2d 942·
8th Cir.·
1981-06-12
·cited 4×
The court held that the validity of the original deportation order is not a matter that can be raised under 28 U.S.C. § 2255.
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A habeas petitioner has exhausted state remedies even if a more complete review is theoretically possible after the state's highest court has already considered the issue.
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The dissenting judge would affirm the district court's grant of habeas corpus, finding that the trial judge's declaration of a mistrial violated the petitioner's double jeopardy rights by failing to consider alternatives.
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640 F.2d 245·
9th Cir.·
1981-02-20
·cited 4×
The court held that a prisoner's due process rights were not violated by the Community Release Board's determination of a release date under California's determinate sentencing law, even when classified as a serious offender.
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641 F.2d 850·
10th Cir.·
1981-02-13
·cited 4×
The court held that one appeal was moot due to the prisoner's return to state custody, another was barred by failure to exhaust state remedies, and the third was affirmed based on prior precedent interpreting 18 U.S.C. § 5003(a).
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The court held that the victim's identification of the suspect was sufficiently reliable under the totality of the circumstances to meet due process requirements.
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635 F.2d 1183·
6th Cir.·
1980-11-06
·cited 4×
The court affirmed the district court's denial of habeas corpus relief regarding the Confrontation Clause claim, but remanded the jury instruction issue for reconsideration in light of a subsequent state supreme court decision.
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631 F.2d 120·
9th Cir.·
1980-10-23
·cited 4×
U.S. authorities are required by law to prorate remission credit for transferred prisoners according to the time actually served in a foreign prison.
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The court held that appellants could not complain about the trial court considering documents they submitted, and that the Tennessee warrant sufficiently charged a crime and was based on a probable cause determination, thus denying the writ of habeas corpus.
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630 F.2d 472·
6th Cir.·
1980-10-03
·cited 4×
The court held that the Treaty and its implementing legislation do not suspend the writ of habeas corpus, and appellant waived his right to collaterally attack his Canadian conviction by voluntarily consenting to transfer.
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629 F.2d 1278·
7th Cir.·
1980-09-23
·cited 4×
The court held that the petitioner's failure to object to jury instructions at trial constituted a waiver of his federal claims, barring federal habeas corpus review under Wainwright v. Sykes.
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The court held that Sigety's incarceration for civil contempt did not violate his Fifth Amendment rights because his testimony was not incriminating, and his due process claims were also without merit.
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Taylor petitioned for a writ of habeas corpus challenging a pretrial bail denial in a capital case. The court held that while persons accused of non-capital crimes are entitled to bail as a matter of right, persons accused of capital or life imprisonment crimes may be admitted to
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The defendant was deprived of his Sixth Amendment right to a fair trial due to prosecutorial misconduct.
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616 F.2d 890·
5th Cir.·
1980-05-09
·cited 4×
The appeal is moot because the challenged parole revocation has no substantial collateral consequences on the petitioner's current confinement.
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The court held that the petitioner's prior convictions were valid and that the habitual criminal statute does not violate double jeopardy principles.
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381 So. 2d 1191·
Fla. 2d DCA·
1980-03-26
·cited 4×
William Gandert challenged his extradition to Michigan on a habeas corpus petition, arguing that Michigan's governor's demand was defective because it failed to allege his presence in Michigan at the time of the alleged crime. The court reversed the denial of habeas corpus, holdi
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381 So. 2d 366·
Fla. 4th DCA·
1980-03-26
·cited 4×
Sheriff Stack appeals a habeas corpus order that released Morgan from extradition to Massachusetts on a weapons charge. The Fourth District Court of Appeal reversed, holding that an affidavit need not explicitly allege the element of knowledge to substantially charge a crime unde
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614 F.2d 67·
5th Cir.·
1980-03-20
·cited 4×
The court held that a defendant cannot be punished with a more severe sentence for exercising their right to a jury trial, but the petitioner failed to prove such punishment in this specific case.
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The majority's decision allows petitioners to circumvent the requirement of filing a notice of appeal before seeking post-trial release.
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The court held that the amended parole regulations provide the prisoner with the full-scale hearing he sought, and the statute does not require full-scale hearings every two years.
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Federal habeas corpus relief is barred for Fourth Amendment claims when the state has provided a full and fair opportunity to litigate the issue.
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608 F.2d 304·
8th Cir.·
1979-10-29
·cited 4×
The court held that the district court properly dismissed the habeas corpus petition for lack of personal jurisdiction over the Texas custodians.
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608 F.2d 292·
8th Cir.·
1979-10-18
·cited 4×
Subsequent changes in the Parole Commission's offense classification system do not provide a basis for collateral attack on a final judgment or sentence under 28 U.S.C. § 2255.
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The district court erred by not considering the petitioner's testimony regarding his confession and must reconsider the habeas petition with this testimony.
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599 F.2d 249·
8th Cir.·
1979-05-16
·cited 4×
The court held that the Parole Commission's guidelines did not violate the ex post facto clause, did not frustrate the sentencing judge's intent, and that the appellant received meaningful parole consideration.
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An uncounseled misdemeanor conviction, even if no imprisonment was imposed, is valid for impeachment purposes and does not render appointed counsel ineffective for failing to object to its use.
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The court held that a special parole term for importing Schedule I narcotics begins after the completion of the regular sentence, not concurrently with general parole.
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593 F.2d 798·
7th Cir.·
1979-03-12
·cited 4×
The court held that the seriousness of the convicted crimes and the lengthy sentences imposed provide a rational basis for the state court's denial of bail pending appeal.
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The court held that the district court did not err in denying the habeas corpus petitioner's request to subpoena other jurors to testify, as the petitioner failed to make a sufficient showing of prejudice.