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

• Carillo v. Brown
  807 F.2d 1094· 1st Cir.· 1986-12-23 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner failed to exhaust his state remedies by presenting a new legal theory for the first time in federal court, and that the state courts' findings of waiver and res judicata were binding.
• RAY v. R.D. Brewer
  808 F.2d 19· 7th Cir.· 1986-12-22 ·cited 2×·via Habeas Corpus Petition
  The court held that the Parole Commission's interpretation of good time credits as expiring upon parole release is reasonable and does not violate due process.
• Fla. Parole & Prob. Comm'n v. Barney Evan Brown
  499 So. 2d 36· Fla. 1st DCA· 1986-12-18 ·cited 2×
  The court held that the state's appeal was timely because the order did not discharge the prisoner, thus tolling the appeal period.
• Ramón Sanchez v. Meese
  807 F.2d 601· 7th Cir.· 1986-12-05 ·cited 2×
  A defendant is not entitled to credit for time served under a civil contempt sentence against a subsequent criminal contempt sentence, as the civil confinement is coercive, not punitive.
• In re Ali Reza Ghalamsiah. Appeal of Dist. Dir.
  806 F.2d 68· 3d Cir.· 1986-11-26 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the Attorney General, not the district court, has the exclusive discretionary authority to grant bail to an alien not illegally detained, pending a motion to reopen deportation proceedings, subject to judicial review.
• Zeigler v. Louie L. Wainwright
  805 F.2d 1422· 11th Cir.· 1986-11-24 ·cited 2×
  The court held that it had jurisdiction and that the justice system failed to properly function, requiring remand for further proceedings.
• Martinez v. Roberts
  804 F.2d 570· 9th Cir.· 1986-11-18 ·cited 2×
  Federal prisoners must exhaust administrative remedies before filing a habeas corpus petition, and failure to do so warrants dismissal.
• Worthan v. Wyrick
  805 F.2d 303· 8th Cir.· 1986-11-12 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner failed to demonstrate cause for his procedural default in failing to raise the bystander juror issue at trial or on direct appeal.
• United States v. Scott
  803 F.2d 1095· 10th Cir.· 1986-10-22 ·cited 2×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  A motion to vacate sentence under 28 U.S.C. § 2255 is unavailable for claims challenging the execution of a sentence rather than its validity. Such claims must be raised in a habeas corpus petition under 28 U.S.C. § 2241.
• Darden v. Louie Wainwright
  495 So. 2d 179· Fla.· 1986-10-03 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a claim of racial bias in the application of the death penalty cannot be raised for the first time in a habeas corpus proceeding but must be presented in a motion for post-conviction relief.
• United States v. Fairman
  801 F.2d 275· 7th Cir.· 1986-09-17 ·cited 2×
  The court held that the risk of prejudice from a defendant being tried in a special repeat offender courtroom does not, in itself, constitute a denial of due process.
• Woratzeck v. Ricketts
  808 F.2d 1322· 9th Cir.· 1986-09-16 ·cited 2×
• Sterling R. Rault, Sr. v. Blackburn
  799 F.2d 1071· 5th Cir.· 1986-09-15 ·cited 2×·via Habeas Corpus Petition
  The court held that a "white-on-white" crime does not state a ground for federal habeas relief or warrant a certificate of probable cause or a stay of execution under the McCleskey theory.
• Pickett v. Bowen
  798 F.2d 1385· 11th Cir.· 1986-09-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the district court correctly granted the writ of habeas corpus because the medical report was crucial evidence, and the prosecution failed to demonstrate the declarant's unavailability or establish sufficient indicia of reliability.
• Jennings v. Rees
  800 F.2d 72· 6th Cir.· 1986-08-27 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a state prisoner cannot seek federal habeas corpus relief on a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim. The court also found the handgun seizure lawful under public safety and plain view doctrines.
• Henry v. State
  496 So. 2d 832· Fla. 2d DCA· 1986-08-08 ·cited 2×
  Charles Henry challenges his extradition to New York on a parole violation charge, arguing that the extradition demand lacked required statutory documentation. The Florida appellate court reversed the denial of his habeas corpus petition, finding that the supporting documents fai
• Harris v. Rees
  794 F.2d 1168· 6th Cir.· 1986-07-16 ·cited 2×·via Habeas Corpus Petition
  The court held that denying an indigent defendant's statutory right to appeal solely because his family could afford trial counsel violates the Equal Protection Clause of the Fourteenth Amendment.
• Romano v. State
  491 So. 2d 1188· Fla. 4th DCA· 1986-07-09 ·cited 2×
  Robert Romano appealed the summary denial of his Rule 3.850 motion for post-conviction relief, raising claims of ineffective assistance of counsel at trial and on appeal, prosecutorial misconduct, and illegal sentencing. The court reversed in part and remanded, finding the trial
• McCRAE v. Blackburn
  793 F.2d 684· 5th Cir.· 1986-07-03 ·cited 2×·via Habeas Corpus Petition
  The court held that erroneous information in a presentence investigation report constitutes harmless error if the sentencing judge did not rely on it and the defendant cannot show a reasonable probability that the sentence would have been different. Additionally, ineffective assi
• Clark v. Louie L. Wainwright
  490 So. 2d 1055· Fla. 1st DCA· 1986-07-02 ·cited 2×
  Clark, an inmate at Florida State Prison, challenged his placement in administrative confinement and close management status via habeas corpus, asserting prison officials violated due process by failing to provide proper hearings. The court affirmed the dismissal, finding that al
• United States ex rel. Michael Salisbury v. Blackburn
  792 F.2d 498· 5th Cir.· 1986-06-20 ·cited 2×·via Habeas Corpus Petition
  A trial judge has no affirmative duty to inform a defendant of the option to plead not guilty by reason of insanity before accepting a guilty plea, provided the defendant is represented by counsel who has advised them of such options.
• Foots v. State OF La.
  793 F.2d 610· 5th Cir.· 1986-06-18 ·cited 2×
  The court held that the district court correctly dismissed the habeas corpus petition because the prisoner failed to demonstrate flaws in his conviction or sentencing.
• United States v. Smith
  793 F.2d 85· 3d Cir.· 1986-06-13 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the defendant did not raise a substantial question on appeal, thus bail pending appeal was not warranted.
• Newbury v. Prisoner Review Bd. of the State OF Ill.
  791 F.2d 81· 7th Cir.· 1986-05-19 ·cited 2×·via Writ Of Habeas Corpus
  The Due Process Clause does not require all members of a parole board panel who voted on an inmate's application to be present at the inmate's parole hearing.
• Staatz v. Dupnik
  789 F.2d 806· 9th Cir.· 1986-05-15 ·cited 2×
  A defendant is bound by counsel's decision to seek post-conviction relief, and a retrial after a conviction is reversed due to such a petition does not violate double jeopardy protections.
• Wisecup v. Elton Floyd James
  790 F.2d 841· 11th Cir.· 1986-05-12 ·cited 2×·via Habeas Corpus Petition
  The district court's January 8 order was vacated for want of jurisdiction because the notice of appeal divested the court of jurisdiction to enter that order.
• Justine Justus Okot v. Callahan
  788 F.2d 631· 9th Cir.· 1986-04-29 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court erred in denying removal, and should have remanded the case to state court, but correctly dismissed the habeas petition.
• Zamora v. Wainwright
  637 F. Supp. 439· S.D. Fla.· 1986-04-28 ·cited 2×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as his trial attorney's performance did not fall below the constitutional standard and did not create an actual conflict of interest that adversely affected the defense.
• Bradwell v. The Honorable Charles D. McCLURE
  488 So. 2d 566· Fla. 1st DCA· 1986-04-25 ·cited 2×
  Willie Bradwell sought habeas corpus relief challenging his pretrial detention on charges of sexual abuse of a child. The Florida appellate court granted the writ, holding that the trial court's detention order failed to comply with statutory requirements because it did not find
• WAY v. Louie L. Wainwright
  786 F.2d 1095· 11th Cir.· 1986-04-15 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's claims were procedurally barred or waived, and the evidence was sufficient for premeditated murder.
• Batiste v. Blackburn
  786 F.2d 704· 5th Cir.· 1986-04-09 ·cited 2×
  The court held that a jury instruction relieving the state of proving the element of a dangerous weapon in an armed robbery charge violates the defendant's due process rights.
• Smart v. Scully
  787 F.2d 816· 2d Cir.· 1986-04-07 ·cited 2×·via Habeas Corpus Petition
  The Court of Appeals held that the appellant's failure to include sworn allegations in his pro se motion to withdraw his guilty plea did not constitute a procedural default under Wainwright v. Sykes, as the state had no substantial interest in denying him the opportunity to reple
• Moore v. State
  485 So. 2d 1368· Fla. 1st DCA· 1986-04-03 ·cited 2×·via Habeas Corpus Petition
  Carlos Moore, convicted of armed robbery in 1973, was denied his right to appellate review due to his trial counsel's failure to file assignments of error or pursue an Anders appeal, which prevented him from obtaining trial transcripts necessary for appeal. The court found this c
• Mathis v. Louie L. Wainwright
  484 So. 2d 96· Fla. 1st DCA· 1986-03-06 ·cited 2×
  The Florida First District Court of Appeal denied appellee's motion to dismiss an appeal from a circuit court's summary denial of a habeas corpus petition, holding that the circuit court had subject matter jurisdiction to entertain the petition despite the appellant being incarce
• Duffel v. Dutton
  785 F.2d 131· 6th Cir.· 1986-03-05 ·cited 2×
  The Double Jeopardy Clause does not prohibit a second trial for habitual criminal status when the first sentence was vacated due to a trial court's erroneous exclusion of evidence that would have cured the insufficiency. Additionally, Tennessee's habitual criminal statutes do not
• Warren v. Louie L. Wainwright
  483 So. 2d 820· Fla. 3d DCA· 1986-02-25 ·cited 2×
  Habeas corpus petition denied where petitioner failed to demonstrate ineffective assistance of appellate counsel because the statute of limitations issue was meritless and any absence during jury questioning caused no prejudice.
• Lockett v. Montemango
  784 F.2d 78· 2d Cir.· 1986-02-14 ·cited 2×
  Jeopardy does not attach in a New York pretrial insanity plea proceeding where the defendant does not risk conviction, allowing the state to vacate the plea and recommence criminal proceedings.
• Grover John Moran v. Blackburn
  781 F.2d 444· 5th Cir.· 1986-01-28 ·cited 2×
  The court held that the district court's finding that Moran's confession was voluntary was not clearly erroneous, and therefore affirmed the dismissal of his habeas corpus petition.
• Bond v. Procunier
  780 F.2d 461· 4th Cir.· 1986-01-02 ·cited 2×·via Petition For Habeas Corpus Relief
  The district court erred in dismissing the petition without an evidentiary hearing, as the allegations of suppressed exculpatory evidence were specific enough to warrant a hearing and potentially alter the trial outcome.
• Dixson v. Quarles
  781 F.2d 534· 6th Cir.· 1985-12-26 ·cited 2×
  The court held that the petitioner failed to demonstrate an actual conflict of interest or actual prejudice to her defense, as required by Strickland v. Washington.
• Lennon Williford v. Young
  779 F.2d 405· 7th Cir.· 1985-12-18 ·cited 2×
  The court held that the district court correctly denied the habeas corpus petition because the state trial court's failure to instruct on a lesser included offense, the alleged ineffective assistance of counsel, and the jury instructions on intoxication did not violate due proces
• Deloach v. Louie L. Wainwright
  777 F.2d 1524· 11th Cir.· 1985-12-12 ·cited 2×
  The court held that the appellant's conviction and sentence for both felony murder and the underlying felony did not violate the Double Jeopardy Clause, as interpreted by Florida law.
• Gayle v. Scully
  779 F.2d 802· 2d Cir.· 1985-12-12 ·cited 2×
  The court held that the trial judge's excessive bias and intrusion deprived the defendant of a fair trial.
• Uziel v. J.T. Hadden
  779 F.2d 4· 2d Cir.· 1985-12-10 ·cited 2×
  The court held that a district court should not dismiss a habeas corpus petition for unexhausted administrative remedies that arose after the petition was filed.
• Brown v. Louie L. Wainwright
  772 F.2d 780· 11th Cir.· 1985-09-30 ·cited 2×
  A federal court granting a writ of habeas corpus must explain why the statutory presumption of correctness of state court findings does not apply. The district court's order granting the writ is vacated and remanded for specific findings.
• Busby v. Holt
  771 F.2d 1461· 11th Cir.· 1985-09-24 ·cited 2×
  The court held that the prosecutor's misconduct in calling a witness who intended to invoke the Fifth Amendment, and the trial court's error in permitting this, constituted a constitutional violation that was not harmless error.
• Bean v. R.L. Dugger and T.N. Bigham
  475 So. 2d 729· Fla. 1st DCA· 1985-09-12 ·cited 2×
  Leonard Bean, a Florida prison inmate in administrative confinement, appealed the summary denial of his habeas corpus petition claiming he was denied notice and an opportunity to be heard at his reclassification hearing. The appellate court reversed, holding that Florida law guar
• United States v. Price
  773 F.2d 1526· 11th Cir.· 1985-09-10 ·cited 2×·via Writ Of Habeas Corpus
  The court denied the defendant's motion for release pending appeal and petitions for extraordinary writs because the issues were premature and had not yet been finally determined by the district court.
• Roesch v. L.L. Wainwright
  474 So. 2d 1263· Fla. 1st DCA· 1985-09-05 ·cited 2×
  Roesch, a state prisoner, appealed the denial of his habeas corpus petition challenging six disciplinary reports received during his confinement. The court affirmed the denial regarding four disciplinary reports but reversed and remanded for an evidentiary hearing on two reports
• Bonfiglio v. Hodden
  770 F.2d 301· 2d Cir.· 1985-08-08 ·cited 2×
  The court held that a nunc pro tunc modification of a predicate felony conviction to a misdemeanor does not retroactively validate a firearms conviction obtained while the felony conviction was outstanding.