Petition For Writ Of Habeas Corpus

7,512 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

• Fendler v. United States Bureau OF Prisons
  846 F.2d 550· 9th Cir.· 1988-05-11 ·cited 2×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  The court held that the Bureau of Prisons complied with the Privacy Act by including the inmate's rebuttal with his records, and that the inmate's claims for expungement and habeas corpus relief were moot or otherwise unmeritorious.
• Bishop v. State
  527 So. 2d 836· Fla. 4th DCA· 1988-05-11 ·cited 2×·via Habeas Corpus Petition
  Lawrence Bishop appeals the denial of his rule 3.850 motion for post-conviction relief in a first-degree murder and robbery case. The court affirms the denial, finding the allegations conclusory rather than factual and expressing concern about successive post-conviction motions r
• Guizar v. Estelle
  843 F.2d 371· 9th Cir.· 1988-03-31 ·cited 2×·via Habeas Corpus Petition
  A federal court must dismiss a habeas corpus petition containing both exhausted and unexhausted claims, and cannot rule on the merits of any claim within such a petition.
• Flournoy v. Marshall
  842 F.2d 875· 6th Cir.· 1988-03-22 ·cited 2×·via Habeas Corpus Petition
  The court held that district courts must apply a de novo standard of review to magistrate's findings in habeas corpus cases referred under 28 U.S.C. § 636(b)(1)(B), not the clearly erroneous standard.
• Jeffers v. Sargent
  842 F.2d 1008· 8th Cir.· 1988-03-22 ·cited 2×·via Petition For Habeas Corpus Relief
  The court held that the petitioner has an available unexhausted state court remedy, and therefore, his federal habeas petition must be denied.
• Fletcher Thomas Mann v. Lynaugh
  840 F.2d 1194· 5th Cir.· 1988-03-15 ·cited 2×·via Habeas Corpus Petition
  The court held that the appellant's notice of appeal was untimely filed, and therefore, the court lacks jurisdiction to hear the appeal.
• Darden v. State
  521 So. 2d 1103· Fla.· 1988-03-14 ·cited 2×·via Writ Of Habeas Corpus
  Willie Darden, a death row inmate with seven execution warrants signed, petitioned the Florida Supreme Court for habeas corpus relief and a stay of execution scheduled for March 15, 1988. The Court denied all relief, finding most claims procedurally barred because they should hav
• Tyndall v. Gunter
  840 F.2d 617· 8th Cir.· 1988-03-03 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the Nebraska state court retained jurisdiction over pending criminal matters despite the retrocession of jurisdiction to the federal government, and thus the habeas corpus application was properly denied.
• Sellers v. Morris
  840 F.2d 352· 6th Cir.· 1988-02-26 ·cited 2×
• Ganzel v. Ganzel
  520 So. 2d 112· Fla. 1st DCA· 1988-02-22 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a contempt order for failure to pay child support must include an affirmative finding that the contemnor has the present ability to comply with the purge conditions.
• Winfrey v. Wyrick
  836 F.2d 406· 8th Cir.· 1988-02-17 ·cited 2×·via Habeas Corpus Petition
  A confession is voluntary if obtained in a manner compatible with constitutional requirements, considering the totality of the circumstances, even if the defendant has diminished mental capacity, as long as there is no evidence of state coercion.
• Jones v. Butler
  837 F.2d 691· 5th Cir.· 1988-02-17 ·cited 2×
  The court held that the petitioner was not denied effective assistance of counsel because his trial counsel's decision not to call two psychiatrists as witnesses was a rational, well-reasoned strategic decision that did not fall below the Strickland standard.
• Zenous Whaley v. Rodriguez
  840 F.2d 1046· 2d Cir.· 1988-02-10 ·cited 2×·via Habeas Corpus Petition
  The court held that the defendant's counsel was not ineffective for failing to file a speedy trial motion because such a motion would have been denied, as the People exercised due diligence in apprehending the defendant.
• Smith v. Chrans
  836 F.2d 1076· 7th Cir.· 1988-02-01 ·cited 2×·via Writ Of Habeas Corpus
  A district court's attempt to limit a certificate of probable cause to specific issues does not affect the appellate court's disposition of the petitioner's appeal.
• Sims v. Dugger
  519 So. 2d 1080· Fla. 1st DCA· 1988-01-29 ·cited 2×
  William Sims appeals the denial of his habeas corpus petition challenging a prison disciplinary conviction for starting a fire in his cell. The First District Court of Appeal reversed, holding that Sims stated sufficient facts to require the trial court to issue a show cause orde
• Gillespie v. Ryan
  837 F.2d 628· 3d Cir.· 1988-01-29 ·cited 2×
  Sentencing a defendant for both felony murder and the underlying felony in a single trial does not violate the Double Jeopardy Clause of the federal constitution.
• Sterling Williams v. A.L. Lockhart
  837 F.2d 324· 8th Cir.· 1988-01-19 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the district court correctly dismissed the habeas corpus application because the appellant's guilty pleas were voluntary and his sentences did not violate the double jeopardy clause.
• Cuadra v. Sullivan
  837 F.2d 56· 2d Cir.· 1988-01-12 ·cited 2×·via Habeas Corpus Petition
  The district court erred in summarily dismissing a habeas corpus petition on the merits without requiring a response from the state, as the petition contained arguable constitutional claims that were not frivolous.
• Robinson v. A.L. Lockhart
  835 F.2d 1271· 8th Cir.· 1988-01-06 ·cited 2×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the district court did not err in denying the habeas corpus petition because the guilty pleas were voluntary and counsel was effective.
• Bundy v. Dugger
  675 F. Supp. 622· M.D. Fla.· 1987-12-22 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner was competent to stand trial, finding that the evidence did not support a diagnosis of bipolar mood disorder or demonstrate incompetence.
• Metheny v. M.C. Hamby
  835 F.2d 672· 6th Cir.· 1987-12-22 ·cited 2×
  A claimed violation of Article IV(e) of the Interstate Agreement on Detainers (IAD) is not a fundamental defect cognizable under 28 U.S.C. § 2254, absent exceptional circumstances.
• Erling Knud Ove Hansen, Jr. v. A.M. "Tony" Fontana
  517 So. 2d 714· Fla. 1st DCA· 1987-12-10 ·cited 2×
  Hansen appealed the denial of his habeas corpus petition challenging his 1983 parole revocation. The court affirmed the denial of most grounds but reversed the dismissal of constitutional challenges to the parole revocation statutes and the parole commission's authority, finding
• Harris v. Martin
  834 F.2d 361· 3d Cir.· 1987-11-30 ·cited 2×
  The dissent argues that the majority's interpretation of Rule 60(b)(5) is too narrow and that the Parole Commission should be granted relief from the prior judgment.
• Larson v. United States
  833 F.2d 758· 8th Cir.· 1987-11-25 ·cited 2×
  The court held that the appellant's claims of illegal seizure, ineffective assistance of counsel, and improper presentence report information did not entitle him to habeas corpus relief.
• Wilson v. Foti
  832 F.2d 891· 5th Cir.· 1987-11-25 ·cited 2×·via Habeas Corpus Petition
  A state prisoner challenging the fact or length of confinement must exhaust state remedies, including discretionary review by the state supreme court, before filing a federal habeas corpus petition.
• Wesselman v. Seabold
  834 F.2d 99· 6th Cir.· 1987-11-20 ·cited 2×
  The Sixth Circuit held that the district court properly denied the habeas petition because the state court's decision rested on an independent and adequate state procedural ground, and the appellant failed to demonstrate cause for his procedural default.
• Fugitt v. D.G. Lemacks (Sheriff)
  833 F.2d 251· 11th Cir.· 1987-11-12 ·cited 2×·via Writ Of Habeas Corpus
  The Double Jeopardy Clause does not bar retrial when prosecutorial misconduct was not intended to subvert the protections of the Clause.
• Holland v. The Dist. Court
  831 F.2d 940· 10th Cir.· 1987-10-26 ·cited 2×
  The court held that the 1982 amendment to Colorado's statute of limitations for certain offenses involving child victims was intended to apply to prosecutions not already time-barred at the time of its enactment, and its application did not violate the ex post facto clause.
• Hall v. State
  678 F. Supp. 858· M.D. Fla.· 1987-10-23 ·cited 2×
  The Court held that the Interstate Agreement on Detainers Act (IADA) encompasses sentencing, obligating the State of Florida to sentence the Petitioner within the statutory timeframe.
• Vogel v. Judge John G. Ferris & the Seventeenth Jud. Cir. Court of Broward Cnty.
  513 So. 2d 1100· Fla. 4th DCA· 1987-10-14 ·cited 2×·via Writ Of Habeas Corpus
• United States v. Craig
  827 F.2d 393· 8th Cir.· 1987-09-02 ·cited 2×·via Habeas Corpus Petition
  The court held that a petitioner represented by counsel who fails to raise a Rule 32(c)(3)(D) issue in prior available appeals cannot seek habeas relief unless the failure was due to ineffective assistance of counsel.
• Haynes v. Hoyt C. Cupp
  827 F.2d 435· 9th Cir.· 1987-09-02 ·cited 2×
  The court affirmed the denial of habeas corpus, finding no double jeopardy violation, breach of plea agreement, or prosecutorial misconduct.
• United States v. Peloso
  824 F.2d 914· 11th Cir.· 1987-08-14 ·cited 2×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  The court held that a motion to correct a presentence investigation report under Fed.R.Crim.P. 32 does not confer jurisdiction on the district court after sentencing, especially when the defendant failed to object to the report at trial.
• Wiggins v. A.L. Lockhart
  825 F.2d 1237· 8th Cir.· 1987-07-31 ·cited 2×
  The court held that the appellant failed to allege sufficient facts to establish a constitutional claim of an equal protection violation regarding his parole classification.
• Holsclaw v. Smith
  822 F.2d 1041· 11th Cir.· 1987-07-29 ·cited 2×
  The court held that the petitioner's trial counsel's failure to challenge the sufficiency of the evidence constituted ineffective assistance of counsel, entitling him to relief.
• Breeze v. Trickey
  824 F.2d 653· 8th Cir.· 1987-07-27 ·cited 2×
  The court held that challenging an Indiana sentence in Missouri courts does not satisfy the exhaustion of state remedies requirement for federal habeas corpus petitions.
• Waldo E. Granberry v. Thieret
  823 F.2d 1212· 7th Cir.· 1987-07-20 ·cited 2×
  The court held that the petitioner's ex post facto claim was not colorable and affirmed the denial of his habeas corpus petition, declining to require further exhaustion of state remedies.
• Bailey v. Southerland
  821 F.2d 277· 5th Cir.· 1987-07-13 ·cited 2×·via Habeas Corpus Petition
  The appeal is dismissed as moot because the prisoner has been released and his subsequent re-incarceration renders his claims regarding good time and expungement moot.
• Culp v. Keohane
  822 F.2d 641· 6th Cir.· 1987-07-08 ·cited 2×·via Habeas Corpus Petition
  The court held that the Bureau of Prisons has the authority to forfeit good time credits earned by a federal prisoner prior to parole revocation.
• Jubilado v. United States
  819 F.2d 210· 9th Cir.· 1987-06-04 ·cited 2×
  The court held that the appellant's return to the United States after a three-month trip to bring his family did not constitute an 'entry' under immigration law, thus he should have been in deportation, not exclusion, proceedings.
• Nichols v. E.P. Perini
  818 F.2d 554· 6th Cir.· 1987-05-12 ·cited 2×·via Habeas Corpus Petition
  The court held that the state court's factual finding that the petitioner was aware of the maximum sentence was entitled to deference under 28 U.S.C. § 2254(d) and was not overcome by the evidence presented.
• Boggs v. Evitts
  818 F.2d 534· 6th Cir.· 1987-05-11 ·cited 2×·via Habeas Corpus Petition
  The Sixth Circuit held that the petitioner failed to exhaust his state remedies regarding the constitutional challenge to the Kentucky Rule of Criminal Procedure, requiring dismissal of the habeas corpus petition.
• Mitchell v. State OF Idaho
  814 F.2d 1404· 9th Cir.· 1987-04-16 ·cited 2×
  The court held that the appeal was timely because the district court failed to enter a separate judgment as required by Fed.R.Civ.P. 58.
• Smith v. Louie L. Wainwright
  505 So. 2d 39· Fla. 4th DCA· 1987-04-15 ·cited 2×
  This case concerns a petitioner seeking a belated appeal due to his attorney's failure to file a timely notice of appeal. The court granted the petition, allowing the petitioner to pursue an appeal after the deadline, based on exceptional circumstances.
• Cikora v. Wainwright
  661 F. Supp. 813· S.D. Fla.· 1987-04-07 ·cited 2×
  The Court held that the photographic lineup was not impermissibly suggestive and the identification was reliable under the totality of the circumstances, thus denying the petition for a writ of habeas corpus.
• Johnson v. Moran
  812 F.2d 23· 1st Cir.· 1987-02-20 ·cited 2×
  The court held that the district court did not abuse its discretion in denying the request to retain jurisdiction pending exhaustion of state remedies.
• Stuart v. Gagnon
  837 F.2d 289· 7th Cir.· 1987-01-28 ·cited 2×·via Habeas Corpus Petition
  A petitioner seeking a certificate of probable cause for a habeas appeal is not required by statute or rule to detail the grounds for the request or the issues to be raised on appeal.
• Algar Ferguson v. Judge James A. Knight
  809 F.2d 1239· 6th Cir.· 1987-01-27 ·cited 2×
  The court should not affirm the judgment because the majority improperly considered a prior conviction as evidence of guilt, which was not presented to or relied upon by state courts.
• Oviedo v. Jago
  809 F.2d 326· 6th Cir.· 1987-01-21 ·cited 2×
  The court held that the juvenile court's reliance on facts and information not formally introduced into evidence at a transfer hearing did not violate the petitioner's federal due process rights, as the state court had found all relevant criteria were considered.
• Lonberger v. R.C. Marshall
  808 F.2d 1169· 6th Cir.· 1987-01-06 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's current habeas petition was successive and properly dismissed under Rule 9(b) because it raised the same grounds for relief as a prior petition, and the ends of justice did not require reconsideration.