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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589 F.2d 784·
4th Cir.·
1979-01-04
·cited 4×
The court held that periods during which a youth offender was on a stay of execution of sentence, while reporting employment status and remaining within the supervisory ambit of the correctional process, constitute operative time for the purpose of calculating the unconditional d
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589 F.2d 327·
7th Cir.·
1979-01-04
·cited 4×
The court held that a pretrial petition for federal habeas corpus is premature when the petitioner has not exhausted state remedies, absent special circumstances.
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The surrender of an Ohio prisoner to another state for prosecution does not relinquish Ohio's jurisdiction or constitute a pardon or commutation of sentence.
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588 F.2d 279·
9th Cir.·
1978-12-20
·cited 4×
The court held that a full factual development is required to determine if a confession obtained during a pre-sentence interview, without Miranda warnings, was voluntary and admissible, particularly given the probation officer's role.
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586 F.2d 1142·
7th Cir.·
1978-11-15
·cited 4×
The court held that the district court's finding that the appellant waived his right to a jury trial in state court was not clearly erroneous, and therefore, his petition for a writ of habeas corpus was properly denied.
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The court held that a prisoner is not constitutionally entitled to pre-sentence confinement credit or credit for time awaiting retrial, but may be entitled to good time credit for time spent incarcerated during an appeal if the conviction was reversed and retried, subject to cond
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587 F.2d 373·
8th Cir.·
1978-11-08
·cited 4×
The court affirmed the dismissal of the habeas corpus petition, finding that federal inquiry into the Fourth Amendment claim was limited by Stone v. Powell, as the issue was fully litigated in state courts.
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The court held that voluntary, unprompted statements made by a defendant are admissible even without Miranda warnings. The sufficiency of evidence is generally not reviewable in a federal habeas corpus action.
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The court held that a delay in a parole revocation hearing, without demonstrated prejudice, does not warrant habeas corpus relief, even if it exceeds the statutory 90-day limit.
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The court held that the district court erred in granting habeas corpus relief without an evidentiary hearing, as factual issues regarding the applicability of a hearsay exception required further development.
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584 F.2d 807·
6th Cir.·
1978-10-06
·cited 4×
A guilty plea breaks the chain of prior constitutional claims, and the record supports the finding of premeditation and effective assistance of counsel.
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Washington's statute is unconstitutional as applied because it permits automatic revocation of parole for felons without a final Morrissey hearing, denying due process.
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The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing on the speedy trial claim and the constitutionality of a state statute creating a presumption of intent.
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583 F.2d 1075·
9th Cir.·
1978-08-30
·cited 4×
The court held that the prisoner's claims regarding perjury, admission of a statement, and non-disclosure of a presentence report were without merit and affirmed the denial of habeas corpus relief.
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581 F.2d 1276·
7th Cir.·
1978-08-22
·cited 4×
A guilty plea is invalid if the defendant was not informed of a "pen letter" sent by the judge and prosecutor to the parole board recommending the maximum sentence, as this undermines the understanding of parole eligibility.
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The court held that the order of incarceration for contempt was insufficient because it was unclear whether it was for civil or criminal contempt, and if civil, it lacked a purge provision.
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581 F.2d 287·
1st Cir.·
1978-08-10
·cited 4×
The court held that the absence of a statement of reasons for waiving juvenile jurisdiction did not violate due process, as the reasons were apparent from the record and the relevant statute granted broad discretion.
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The court held that the use of prior convictions, void under Long v. Robinson, to impeach the appellant's testimony was harmless error. The court also noted, but did not decide, the issue of whether misrepresenting age waives juvenile status.
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579 F.2d 1007·
6th Cir.·
1978-07-20
·cited 4×
The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial.
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578 F.2d 194·
7th Cir.·
1978-06-26
·cited 4×
The court held that the district court did not err in denying the habeas corpus petition, as the confession was voluntary under the totality of the circumstances.
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The court held that the petitioner did not receive ineffective assistance of counsel and that the admission of hospital records did not violate his Sixth Amendment rights.
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The federal district court erred in dismissing the habeas petition without an evidentiary hearing, as the state court's hearing on the motion to suppress was not full and fair.
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575 F.2d 724·
9th Cir.·
1978-05-22
·cited 4×
The court held that due process requires withdrawal of a guilty plea if it was not knowingly entered or if the state breached the plea bargain, and that the district court must consider these issues, potentially with an evidentiary hearing.
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The court held that the petitioner failed to meet his burden of proving his confession was involuntary, as the totality of the circumstances, including the absence of coercive police tactics and the petitioner's apparent alertness, outweighed expert conjecture about drug effects.
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The court held that a preliminary revocation hearing is not required when a probationer's violation, such as leaving the state without permission, provides sufficient probable cause.
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360 So. 2d 783·
Fla. 1st DCA·
1978-04-21
·cited 4×
Inmate's habeas corpus petition challenging forfeiture of gain-time without notice or hearing following escape conviction is denied because Florida Supreme Court previously upheld the constitutionality of the statute permitting such forfeiture based on judicial determination of g
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572 F.2d 404·
2d Cir.·
1978-03-15
·cited 4×
The court held that the federal district court properly denied a petition for a writ of habeas corpus because the petitioner had not exhausted his state remedies.
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570 F.2d 813·
8th Cir.·
1978-02-17
·cited 4×
The court held that the denial of a continuance to a newly retained attorney, despite limited preparation time, did not violate the appellants' Sixth and Fourteenth Amendment right to effective assistance of counsel.
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568 F.2d 661·
9th Cir.·
1978-01-26
·cited 4×
The court held that a subpoena for documents held by an attorney does not violate the client's Fifth Amendment privilege against self-incrimination, and the attorney-client privilege is a matter of state law, not federal constitutional law in this context.
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571 F.2d 1089·
9th Cir.·
1977-11-30
·cited 4×
The court held that the consolidation of habeas corpus petitions was proper and that the claim regarding improper detainer review under a statute not yet in effect was misplaced, but remanded for further fact development on the detainer review under prior law.
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352 So. 2d 907·
Fla. 1st DCA·
1977-11-23
·cited 4×
Defendant Lovelace challenged his conviction based on a bare allegation that his guilty plea was entered involuntarily and unknowingly, five and a half years after sentencing. The appellate court affirmed, holding that a defendant seeking to challenge plea voluntariness on direct
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The court held that the district court did not err in applying the presumption of correctness to the state court's finding that the confession was voluntary, and that petitioner failed to present convincing evidence to overcome this presumption.
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564 F.2d 748·
6th Cir.·
1977-11-08
·cited 4×
The court held that the trial court's refusal to allow cross-examination regarding suggestive out-of-court identifications violated the defendant's Sixth Amendment right to confrontation.
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Timothy Wrich appealed the revocation of his probation on the grounds that the state filed a violation affidavit nearly a year after his original probation term expired. The court agreed that the state lacked jurisdiction to revoke probation and reversed the conviction.
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562 F.2d 565·
8th Cir.·
1977-09-19
·cited 4×
The court held that the district court in Minnesota lacked jurisdiction to consider the habeas corpus petition because the petitioner had not first filed a motion in the sentencing court under 28 U.S.C. § 2255.
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562 F.2d 198·
2d Cir.·
1977-09-16
·cited 4×
Federal habeas corpus relief is barred when a state has provided an opportunity for full and fair litigation of a Fourth Amendment claim, even if the claim was not fully developed at trial.
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559 F.2d 873·
2d Cir.·
1977-07-26
·cited 4×
New York Penal Law § 70.06, as applied to the appellant, does not violate the equal protection clause of the fourteenth amendment because there is a rational basis for the statutory distinctions made.
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The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing to determine if the waiver of a jury trial was coerced.
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A trial court cannot imprison a husband for contempt for failure to pay a joint marital debt owed to a third party. The Florida District Court of Appeal granted habeas corpus relief, holding that contempt proceedings are unavailable to enforce payment of civil debts, even when th
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The court held that the Alabama Youthful Offender Act's requirement of waiving a jury trial to receive its benefits does not violate constitutional rights, as there is no constitutional right to a jury trial in such proceedings.
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The court held that the plaintiff's court-martial conviction was constitutional and that the military justice system is not inherently unfair, thus denying his petition for release.
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556 F.2d 926·
9th Cir.·
1977-05-16
·cited 4×
Federal courts in the asylum state cannot consider constitutional claims like double jeopardy or speedy trial in extradition habeas corpus proceedings; these must be raised in the demanding state.
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The court held that the petitioner failed to meet his burden of proving ineffective assistance of counsel, as his counsel's advice to plead guilty was within the range of competence demanded of attorneys in criminal cases.
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550 F.2d 896·
3d Cir.·
1977-02-22
·cited 4×
An acquittal on criminal charges does not preclude prison authorities from imposing disciplinary measures for the same conduct, as the burdens of proof and interests involved differ significantly.
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550 F.2d 784·
2d Cir.·
1977-02-22
·cited 4×
Federal habeas corpus relief is barred for state prisoners challenging Fourth Amendment claims if the state provided an opportunity for full and fair litigation.
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549 F.2d 1081·
6th Cir.·
1977-02-18
·cited 4×
The court held that the one-on-one identification of the appellant was totally suggestive and lacked an independent basis.
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The court reversed the district court's dismissal of appellant Cox's habeas petition and remanded for further proceedings due to questions regarding the circumstances of shots fired during the armed robbery.
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545 F.2d 552·
6th Cir.·
1976-12-01
·cited 4×
Technical defects in an indictment and claims arising before a guilty plea are generally not grounds for federal habeas corpus relief.
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The court held that the district court correctly denied the appellant's application for a writ of habeas corpus and release on bail, affirming the extradition warrant.
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The court held that denying a free trial transcript to an indigent defendant not sentenced to death, when a transcript is necessary for appeal, violates equal protection rights established in Griffin v. Illinois.