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

• Miller v. Hambrick
  905 F.2d 259· 9th Cir.· 1990-05-25 ·cited 3×
  A prisoner temporarily transferred to another district to testify remains in the custody of the warden of his original place of incarceration for habeas corpus purposes, and a court lacking jurisdiction should transfer the case rather than dismiss it.
• Johnson v. Luella Burke
  903 F.2d 1056· 6th Cir.· 1990-05-22 ·cited 3×
  The court held that the trial court's jury instructions containing a Sandstrom error were harmless, and that Johnson's claims of ineffective assistance of counsel and prosecutorial misconduct were without merit.
• Cheng Na-Yuet v. Hueston
  734 F. Supp. 988· S.D. Fla.· 1990-03-28 ·cited 3×
  The court held that the magistrate had jurisdiction to certify extradition and that the government of Hong Kong had shown sufficient probable cause, denying the petition for a writ of habeas corpus.
• Hughes v. R.G. Borg
  898 F.2d 695· 9th Cir.· 1990-03-05 ·cited 3×·via Habeas Corpus Petition
  The court held that while extraneous documents were improperly sent to the jury, the error was harmless beyond a reasonable doubt due to the overwhelming evidence of guilt and the duplicative nature of some of the extraneous material.
• Norton v. Parke
  892 F.2d 476· 6th Cir.· 1989-12-22 ·cited 3×
  A prisoner must formally invoke the Interstate Agreement on Detainers (IAD) to exhaust state remedies before seeking federal habeas corpus relief.
• Cooney v. Fulcomer
  886 F.2d 41· 3d Cir.· 1989-09-19 ·cited 3×
  While the Commonwealth violated Article V(d) of the Interstate Agreement on Detainers by trying the appellant on charges unrelated to the detainer, this violation was not fundamental enough to warrant habeas relief.
• Tillett v. Robert M. Freeman & the Attorney Gen. of the State of Pa.
  868 F.2d 106· 3d Cir.· 1989-02-23 ·cited 3×·via Petition For Habeas Corpus Relief
  The district court erred in dismissing a habeas corpus petition based on unexhausted state law claims, as such claims are not cognizable in federal habeas corpus.
• Davis v. Dugger
  703 F. Supp. 916· M.D. Fla.· 1988-12-23 ·cited 3×
  The court held that a claim not fairly presented to state courts, even if the state waives the exhaustion defense, may be dismissed if it requires judicial findings of fact and would violate comity and federalism principles.
• Arlester E. Scott v. Jones
  862 F.2d 1311· 8th Cir.· 1988-12-07 ·cited 3×
  The Court of Appeals held that the district court erred in granting habeas corpus relief, as the prior state appellate court decision did not find the evidence legally insufficient to support the initial conviction, thus the double jeopardy clause did not bar a retrial.
• Tafero v. Dugger
  681 F. Supp. 1531· S.D. Fla.· 1988-03-05 ·cited 3×
  The court denied the petition for a writ of habeas corpus, finding that while a Lockett error occurred, it was harmless, and the Caldwell claim did not establish a violation of the jury's role.
• Chandru Mirchandani v. United States
  836 F.2d 1223· 9th Cir.· 1988-01-13 ·cited 3×·via Habeas Corpus Petition
  The court held that the district court did not exceed the scope of a limited remand by considering additional evidence in an extradition proceeding, and that sufficient evidence supported the extradition order under the applicable standard of review.
• Palmer v. Dugger
  833 F.2d 253· 11th Cir.· 1987-12-01 ·cited 3×·via Habeas Corpus Petition
  The dissenting judge argues that a state's duty to provide equal protection does not extend to crediting time served in another state's custody, particularly when the prisoner is opposing extradition.
• Jaffe v. Smith
  825 F.2d 304· 11th Cir.· 1987-08-21 ·cited 3×
  The court held that a fugitive cannot challenge their trial and conviction based on an alleged violation of an extradition treaty unless governmental action was involved in their removal from the asylum state.
• Kermit Gabel v. O.L. McCOTTER
  803 F.2d 814· 5th Cir.· 1986-10-29 ·cited 3×·via Application For Writ Of Habeas Corpus
  State evidentiary rulings, even if erroneous, do not constitute constitutional error cognizable in federal habeas corpus proceedings.
• Peoples v. Bowen
  791 F.2d 861· 11th Cir.· 1986-06-17 ·cited 3×·via Habeas Corpus Petition
  The court held that appellate counsel's failure to recognize the mandatory nature of the Habitual Felony Offender Act and advise the client of the substantial risk of a significantly increased sentence constituted ineffective assistance of counsel.
• Rappsodi R. ALI v. State
  777 F.2d 1489· 11th Cir.· 1985-12-11 ·cited 3×
  A federal habeas corpus petition must be dismissed if the petitioner has failed to exhaust available state remedies, and remand is futile if the state asserts exhaustion as a defense.
• Yakoub Rattib Azzouka v. Sava
  777 F.2d 68· 2d Cir.· 1985-11-12 ·cited 3×
  The court reversed the district court's decision, finding that the District Director improperly relied on a Regional Commissioner's finding under summary exclusion procedures to deny asylum.
• Lambertson v. State
  479 So. 2d 773· Fla. 5th DCA· 1985-11-07 ·cited 3×·via Writ Of Habeas Corpus
  Petitioner challenged a circuit court order requiring her as a material witness to either post a $100,000 bond or be incarcerated. The Florida appellate court held that because petitioner was not yet in custody but was merely avoiding legal process, she was not entitled to habeas
• Demjanjuk v. Petrovsky
  776 F.2d 571· 6th Cir.· 1985-10-31 ·cited 3×
  The court held that the district court had jurisdiction to certify extradition and that the evidence was sufficient to support the finding of reasonable grounds to believe the accused guilty.
• Kennedy v. Crawford
  479 So. 2d 758· Fla. 3d DCA· 1985-10-08 ·cited 3×
  Kennedy sought habeas corpus relief, arguing that Florida Rule of Criminal Procedure 3.133(b) entitled him to release on recognizance because the State failed to provide an adversary preliminary hearing within 21 days of his arrest. The court held that Rule 3.133(b) grants the ri
• Byrd v. Martin
  754 F.2d 963· 11th Cir.· 1985-03-08 ·cited 3×·via Habeas Corpus Petition
  The court held that the district court improperly dismissed the habeas corpus petition without prejudice, as jurisdiction existed in the district of confinement and the issues presented differed from a prior petition.
• Fitzpatrick v. Wainwright
  1985 U.S. Dist. LEXIS 22756· S.D. Fla.· 1985-02-07 ·cited 3×
  The court held that the petitioner was denied his Sixth and Fourteenth Amendment right to counsel because the trial court failed to conduct a proper indigency hearing and ensure a knowing, intelligent, and voluntary waiver of counsel.
• Alvord v. State
  459 So. 2d 316· Fla.· 1984-11-21 ·cited 3×·via Writ Of Habeas Corpus
  The court held that a petitioner is not entitled to a judicial determination of competency to be executed separate from the statutory executive process.
• Christopher v. State
  582 F. Supp. 633· S.D. Fla.· 1984-03-13 ·cited 3×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims did not rise to constitutional dimensions and that the state court's findings were supported by the record.
• Bartlett v. T.L. Allen
  724 F.2d 1524· 11th Cir.· 1984-02-16 ·cited 3×·via Writ Of Habeas Corpus
  The court held that a defendant's subsequent, informed confession, made after consulting with counsel, waives any prior Fifth Amendment rights violated by continued interrogation after requesting an attorney.
• Williams v. Wainwright
  39 C.C.A. 491· S.D. Fla.· 1984-01-12 ·cited 3×
  A habeas petitioner must present the substance of a federal constitutional claim to the state courts, including the factual and legal premises, to satisfy the exhaustion requirement.
• Arango v. Louie L. Wainwright
  716 F.2d 1353· 11th Cir.· 1983-09-23 ·cited 3×·via Habeas Corpus Petition
  The court held that the federal habeas corpus proceeding should be held in abeyance pending exhaustion of state court remedies to promote judicial economy.
• Shears v. Israel
  712 F.2d 1220· 7th Cir.· 1983-08-01 ·cited 3×·via Habeas Corpus Petition
  The court held that a habeas petition containing both exhausted and unexhausted claims must be dismissed unless the petitioner amends the petition to delete the unexhausted claims.
• McKINON v. Louie L. Wainwright
  705 F.2d 419· 11th Cir.· 1983-05-16 ·cited 3×
  The court held that the petitioner's claims were procedurally barred or lacked merit, and thus affirmed the denial of his habeas corpus petition.
• Sturdivant v. Honorable M.C. Blanchard
  422 So. 2d 1028· Fla. 1st DCA· 1982-11-30 ·cited 3×
  An inmate seeking a writ of mandamus to compel a circuit judge to rule on a habeas corpus petition against the Florida Parole and Probation Commission appeals the denial of his petition. The court denies the mandamus petition, holding that the inmate had an adequate alternate rem
• Quarles v. Lenwood Sager
  687 F.2d 344· 11th Cir.· 1982-09-27 ·cited 3×
  The court held that a Section 1983 claim cannot be used to challenge a state conviction when the petitioner has abandoned a prior habeas corpus action seeking the same relief.
• Orazio Turiano v. Butterworth
  416 So. 2d 1261· Fla. 4th DCA· 1982-07-21 ·cited 3×
  The court held that the trial court did not err in denying the petition for writ of habeas corpus and remanding the appellant for extradition, as the appellant failed to meet his burden to rebut the presumption of validity of the extradition documents.
• Douglas v. Wainwright
  521 F. Supp. 790· M.D. Fla.· 1981-08-25 ·cited 3×·via Habeas Corpus Petition
  The court held that the trial judge did not err in excluding venirepersons with conscientious scruples against the death penalty, as their responses indicated they could not render a truthful verdict in a capital case. The court also found that the limitation on public trial atte
• Cappar v. Cappar
  402 So. 2d 1284· Fla. 4th DCA· 1981-08-12 ·cited 3×·via Habeas Corpus Petition
  Florida appellate court affirmed trial court's grant of habeas corpus relief to father, holding that an Alabama court had jurisdiction to enter a temporary child custody order.
• McElvy v. Civiletti
  523 F. Supp. 42· S.D. Fla.· 1981-03-10 ·cited 3×
  The court held that the petitioners' waiver of the two-month custody limit under 18 U.S.C. § 3188 remained in effect until their petition was properly served, and that their conviction for drug possession was substantially analogous to a felony under U.S. law, thus meeting the tr
• Whiteside v. State
  366 So. 2d 1232· Fla. 2d DCA· 1979-01-31 ·cited 3×
  Appellant Whiteside appealed his robbery with firearm conviction, challenging whether the prosecutor's questions about statements he did not make constituted impermissible comment on his right to remain silent under Miranda. The court held that eliciting all voluntary statements
• Reuben Tackno v. Blackburn
  571 F.2d 1383· 5th Cir.· 1978-04-28 ·cited 3×
  Federal courts need not consider Fourth Amendment claims on habeas corpus if the state provided an opportunity for full and fair litigation of the claim.
• Johnnie Jones (Willie Felton) v. Fla. Parole & Prob. Comm'n & Louie L. Wainwright
  348 So. 2d 681· Fla. 1st DCA· 1977-08-10 ·cited 3×
  Florida appellate court reversed parole revocation where the Commission relied solely on hearsay evidence without any non-hearsay evidence to support the violation finding, holding that parole revocation requires some valid legal evidence beyond hearsay despite relaxed evidentiar
• Margorie Necklace v. The Tribal Court OF the Three Affiliated Tribes OF the Fort Berthold Reservation
  554 F.2d 845· 8th Cir.· 1977-04-15 ·cited 3×·via Habeas Corpus Petition
  The court held that the petitioner was not required to exhaust state or tribal remedies before seeking habeas corpus relief under the Indian Civil Rights Act.
• Talavera v. Louie L. Wainwright
  547 F.2d 1238· 5th Cir.· 1977-03-02 ·cited 3×
  The court held that a Fourth Amendment claim on federal habeas corpus requires remand if the record is unclear as to whether the state provided a full and fair opportunity to litigate the claim.
• LaFRANCE v. Bohlinger
  487 F.2d 506· 1st Cir.· 1973-10-17 ·cited 3×·via Habeas Corpus Petition
  The court held that a further stay of a habeas corpus writ is unwarranted, but conditioned the denial of the stay on the appellee executing a personal recognizance bond.
• United States ex rel. Frank Phelan v. Brierley
  453 F.2d 73· 3d Cir.· 1971-10-26 ·cited 3×·via Habeas Corpus Petition
  The dissenting judge believes the state court erred by not holding an independent hearing on the petitioner-appellant's competency, and that a retrospective hearing in the district court was insufficient.
• Smith v. State
  251 So. 2d 153· Fla. 1st DCA· 1971-08-05 ·cited 3×
• Shank v. Smith
  426 F.2d 1344· 5th Cir.· 1970-06-02 ·cited 3×
  The court held that the district court properly denied claims of illegal extradition and lack of jurisdiction, but erred in denying claims of denial of counsel and coerced guilty plea without proper procedure.
• Burton v. Walker
  231 So. 2d 20· Fla. 2d DCA· 1970-01-28 ·cited 3×
  The Burtons appealed a judgment awarding custody of a child to Mrs. Walker, claiming they were denied due process by not being allowed to present their case. The court reversed, holding that the trial judge erred by entering judgment without affording the Burtons an opportunity t
• Amos Carlton Thomas v. State
  223 So. 2d 391· Fla. 1st DCA· 1969-06-03 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted evidence of similar crimes.
• Wilson v. Veron Atchley
  412 F.2d 230· 9th Cir.· 1969-05-27 ·cited 3×
• Chromiak v. Field
  406 F.2d 502· 9th Cir.· 1969-01-24 ·cited 3×·via Application For Writ Of Habeas Corpus
  The court held that a prisoner's claim that a state statute requiring executive concurrence for probation is unconstitutional does not present a federal question, and that requiring a defendant to bear the burden of proof for a judge disqualification motion is permissible.
• O'Shea v. United States
  395 F.2d 754· 1st Cir.· 1968-06-05 ·cited 3×
  The court held that the petitioner's pre-sentence custody was not subject to attack via habeas corpus, and even if it were, the subsequent valid sentence rendered the custody lawful.
• United States ex rel. Vincent Cerullo v. Follette
  393 F.2d 879· 2d Cir.· 1968-05-08 ·cited 3×
  The court held that the material facts concerning the voluntariness of the confession were not adequately developed and remanded for a full evidentiary hearing.