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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Nollie Martin, a death row inmate, petitioned for habeas corpus relief and appealed the denial of his postconviction motion, seeking to stay his execution based on the U.S. Supreme Court's grant of certiorari in a related case. The Florida Supreme Court denied all relief, finding
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The court held that the district court erred in summarily denying the habeas petition without a hearing, as petitioner may be entitled to relief on his Brady and ineffective assistance of counsel claims.
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962 F.2d 358·
4th Cir.·
1992-05-01
·cited 2×
The court affirmed the result because Pennsylvania law presumes state sentences are consecutive to prior sentences from different sovereigns unless expressly made concurrent.
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962 F.2d 1455·
10th Cir.·
1992-04-28
·cited 2×
The court held that the Oklahoma Court of Criminal Appeals' interpretation of the first-degree felony murder statute to include attempted robbery was not an unforeseeable judicial enlargement violating due process, nor was the jury instruction failure a due process violation.
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962 F.2d 817·
8th Cir.·
1992-04-24
·cited 2×
The court held that the district court correctly denied the habeas corpus petition because the petitioner's claims of ineffective assistance of counsel and due process violations were without merit or procedurally barred.
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961 F.2d 793·
8th Cir.·
1992-04-14
·cited 2×
The court held that the petitioner should have an opportunity to present new claims of constitutional error due to potential ineffective assistance of counsel.
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The court held that a double jeopardy challenge to a second conviction based on sufficiency of admissible evidence is affirmed, but a challenge to a third trial based on prosecutorial misconduct in admitting evidence requires further consideration.
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The court held that the prosecutor's peremptory challenge of a black potential juror, Ms. Brodie, was unconstitutional because the stated reason was a pretext for racial discrimination.
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The court held that prosecutorial misconduct and the admission of victim impact evidence did not deny the defendant due process, and that federal habeas corpus relief was unavailable for Fourth Amendment claims due to the state's opportunity for full and fair litigation. The cour
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A defendant's right to be present at all stages of a criminal trial, including jury selection, can be knowingly and voluntarily waived, even in a capital case, as long as it does not implicate Confrontation Clause issues.
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958 F.2d 793·
7th Cir.·
1992-04-01
·cited 2×
The court held that the petitioner failed to demonstrate ineffective assistance of counsel or that newly discovered evidence warranted a new trial, thus denying his petition for a writ of habeas corpus.
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The court held that the district court's order lacked finality and remanded the case for a decision on all claims, staying the prior order pending further direction.
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The court held that the district court did not err in dismissing the habeas petition without appointing counsel or holding an evidentiary hearing, and that the petitioner did not receive ineffective assistance of counsel.
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958 F.2d 826·
8th Cir.·
1992-03-11
·cited 2×
The court held that counsel's failure to secure a stipulation for polygraph results was not ineffective assistance because Arkansas law requires written stipulations and an objection would have been futile.
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A petitioner seeking collateral relief via habeas corpus must demonstrate a non-frivolous claim before being entitled to a free trial transcript.
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The court held that the trial court's failure to instruct the jury on self-defense and defense of others did not violate the defendant's constitutional rights because the defendant did not present evidence of an imminent threat as required by Indiana law.
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The court held that the petitioner's guilty plea was not rendered involuntary by the state's retraction of pretrial detention credit, as he failed to demonstrate prejudice from the alleged misinformation or omission.
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A federal court must dismiss a habeas corpus petition if any claim within it is unexhausted in state court, even if other claims are exhausted.
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The court held that trial counsel's strategic decision to focus on justification rather than diminished capacity was reasonable, and the evidence was sufficient to support a first-degree murder conviction.
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Persons convicted of first-degree murder and sentenced to life imprisonment under D.C. Code § 22-2404(b) are not eligible for good time credits under the D.C. Good Time Credit Act of 1986.
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The court held that the trial court did not err in denying the petition for a writ of habeas corpus, affirming the conviction.
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The Parole Commission violated its regulations by failing to disclose material relied upon in making a parole determination, even if that material was a co-conspirator's file. However, the Commission did not err in determining the appellant's role in the conspiracy.
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953 F.2d 803·
2d Cir.·
1992-01-17
·cited 2×
The BIA abused its discretion by denying a stay of deportation without a reasoned opinion, and the district court erred in upholding that denial.
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954 F.2d 510·
8th Cir.·
1992-01-16
·cited 2×
The court held that it has jurisdiction to review claims of double counting by the Parole Commission, even if it generally lacks jurisdiction to review substantive decisions.
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The Parole Commission erred in basing the petitioner's offense severity rating on the total amount of drugs distributed by co-conspirators when there was no evidence that the petitioner controlled or could have foreseen their actions, violating its own regulations.
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951 F.2d 49·
5th Cir.·
1992-01-03
·cited 2×
The court held that brief, isolated, and substantially correct comments about parole by jurors, even if violating state law, do not necessarily rise to the level of a federal constitutional violation warranting habeas relief.
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952 F.2d 1164·
9th Cir.·
1991-12-31
·cited 2×
A district court has jurisdiction to stay the execution of a state prisoner to appoint counsel to assist in preparing a federal habeas corpus petition.
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952 F.2d 243·
8th Cir.·
1991-12-26
·cited 2×
The court held that the prisoner's claims of ineffective assistance of counsel for failing to raise a Batson challenge were without merit, and the district court did not err in denying the habeas petition.
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952 F.2d 221·
8th Cir.·
1991-12-24
·cited 2×
A federal habeas petitioner is procedurally barred from raising claims if they failed to meet state procedural requirements, unless they show cause and prejudice, and there is no constitutional right to counsel in state post-conviction proceedings to establish cause.
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950 F.2d 169·
5th Cir.·
1991-12-17
·cited 2×
The dissenting judge argues that the majority erred in granting a stay of execution because the movant failed to demonstrate a constitutional violation or satisfy the legal standards for a stay. The dissenting judge contends that the issues raised by the petitioner regarding the
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951 F.2d 280·
10th Cir.·
1991-12-16
·cited 2×
The court held that applying the amended Oklahoma Prison Overcrowding Emergency Powers Act to Petitioner violated the ex post facto clause because it was retrospective and disadvantageous.
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The court held that a defendant is entitled to an evidentiary hearing on his habeas petition alleging his guilty plea was involuntary due to counsel's threat to withdraw, and that extreme delays in state court adjudication may violate due process.
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A state statute criminalizing telephone harassment, which requires intent to terrify, intimidate, or harass and a threat of injury, is constitutional on its face and as applied, as it targets true threats rather than protected political speech.
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951 F.2d 1170·
10th Cir.·
1991-12-09
·cited 2×
The court held that a state prisoner seeking a speedier release due to improper calculation of earned credits need not exhaust state remedies if such remedies would be futile.
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949 F.2d 1017·
8th Cir.·
1991-11-26
·cited 2×
The court held that the appellant's federal habeas claims are procedurally barred because he failed to demonstrate cause and prejudice for his default in state court.
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The court affirmed the district court's denial of the habeas corpus petition, finding no constitutional error in the prior proceedings.
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964 F.2d 877·
9th Cir.·
1991-11-14
·cited 2×
The Sentencing Reform Act of 1984 (SRA) does not repeal or preempt the requirement that a prisoner serve one-third of their sentence before being eligible for parole under 18 U.S.C. § 4205(a).
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The court held that the appellant's federal habeas claims were procedurally defaulted because they were not presented to the state courts in a timely or procedurally correct manner, and the appellant failed to demonstrate cause for the default or actual innocence.
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947 F.2d 817·
6th Cir.·
1991-10-24
·cited 2×
The court held that the petitioner could not retroactively apply the Supreme Court's decision in Sandstrom v. Montana to his conviction because it announced a new rule of law that does not fall within the Teague v. Lane exceptions, and any error in the jury instructions was harml
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948 F.2d 433·
8th Cir.·
1991-10-24
·cited 2×
The court should have reviewed the Parole Commission's decision for abuse of discretion, and Wright's due process rights were violated.
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The court held that the appellant's counsel was not ineffective for failing to seek a new trial because the jury's verdict was a valid compromise and would not have been overturned.
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The court held that while a due process violation occurred due to appellate delay, unconditional release was not warranted without a showing of prejudice to the appeal's outcome. The Sixth Amendment claim based on attorney conflict of interest required further factual findings.
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The court held that newly discovered evidence, specifically the victim's recantation of her identification of Lewis's co-assailant, would likely produce an acquittal on retrial and thus warrants habeas relief.
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946 F.2d 247·
3d Cir.·
1991-10-15
·cited 2×
The court held that the district court did not err in relying on state court findings for ineffective assistance of counsel claims, as the underlying facts were supported by the record and the petitioner failed to rebut the presumption of correctness.
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946 F.2d 1462·
9th Cir.·
1991-10-15
·cited 2×
The use of a security courtroom, absent actual prejudice, is not inherently prejudicial and does not violate a defendant's right to a fair trial.
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The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the admission of evidence, ineffective assistance of counsel, or prosecutorial misconduct.
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947 F.2d 1106·
4th Cir.·
1991-10-01
·cited 2×
The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the denial of the petition or the underlying state court judgment.
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944 F.2d 794·
10th Cir.·
1991-09-16
·cited 2×
The court held that an unconstitutional jury instruction shifting the burden of proving intent cannot be considered harmless error when the evidence does not compel a guilty verdict independently of the presumption.
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585 So. 2d 1118·
Fla. 1st DCA·
1991-09-12
·cited 2×
Appellant Bentzel challenged his extradition to North Carolina and appealed the denial of his petition for habeas corpus, arguing he was entitled to court-appointed counsel. The Florida appellate court reversed, holding that section 941.10(1) of Florida's extradition law statutor
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944 F.2d 1079·
3d Cir.·
1991-09-10
·cited 2×
The court held that the state trial court's fact-finding procedure afforded the defendant a full and fair hearing, and the district court did not err in denying an evidentiary hearing on the habeas corpus petition.