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
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769 F.2d 504·
8th Cir.·
1985-08-06
·cited 2×
The court held that a federal district court must dismiss a state habeas petition containing both exhausted and unexhausted claims, and remanded for reconsideration in light of Rose v. Lundy.
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The court held that it lacks jurisdiction to hear an appeal from an interlocutory order setting forth conditions to purge a contempt order, as the contempt order itself was the final, appealable order.
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767 F.2d 440·
8th Cir.·
1985-07-05
·cited 2×
A criminal defendant does not have an absolute right to counsel of their choosing, and a defendant who knowingly and intelligently chooses to represent themselves after being informed of their rights waives the benefit of counsel.
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The court granted a certificate of probable cause, finding that the petitioner made a substantial showing of the denial of a federal right regarding jury instructions on specific intent.
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The court held that the appellant's trial counsel's actions did not constitute ineffective assistance of counsel, as his strategic decisions and perceived misunderstandings of court rulings were reasonable under the circumstances.
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The court held that the state court's failure to conduct a full and adequate inquiry into Wade's financial status after he raised questions about his ability to afford counsel violated his Fourteenth Amendment right to counsel on appeal.
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610 F. Supp. 159·
S.D. Fla.·
1985-05-30
·cited 2×
The court held that claims are exhausted for federal habeas relief if pursuing them in state court would be futile, even if not explicitly ruled upon by state courts.
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466 So. 2d 1201·
Fla. 3d DCA·
1985-04-09
·cited 2×
This case involves a custody dispute between an unmarried father who removed children to Spain and their mother who sought to regain custody in Florida. The appellate court reversed the trial court's vacatur of its own prior orders dismissing the custody petition and granting the
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758 F.2d 966·
3d Cir.·
1985-04-09
·cited 2×
Trial counsel's failure to request stenographic recording of opening and closing statements and side bar conferences did not constitute ineffective assistance of counsel because it was not contrary to prevailing professional norms at the time.
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The admission of polygraph test results, which are testimonial communications, in a criminal trial cannot be harmless error if the confession was involuntary or if the error was not harmless beyond a reasonable doubt.
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758 F.2d 62·
2d Cir.·
1985-03-22
·cited 2×
The court held that the district court failed to defer to the state appellate court's implied factual determination that the defendant's disruptive behavior justified his exclusion from the courtroom.
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754 F.2d 1294·
5th Cir.·
1985-03-15
·cited 2×
The court held that the introduction of preliminary hearing testimony of an unavailable witness did not violate the defendant's Sixth Amendment right to confrontation, as the state made a good faith effort to secure the witness and the testimony bore sufficient indicia of reliabi
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The court held that the petitioners failed to exhaust their state remedies for their habeas corpus claims, requiring dismissal of their petitions.
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Appellant Triola appealed from a denial of his Rule 3.850 postconviction relief motion challenging his conviction for involuntary sexual battery. The court affirmed, holding that Triola waived his primary argument by failing to raise it on direct appeal and that his ineffective a
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754 F.2d 252·
8th Cir.·
1985-01-31
·cited 2×
The court held that a sentence enhancement after a successful appeal does not violate due process if there is no realistic likelihood of vindictiveness, especially when a new judge and prosecutor are involved.
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The court held that the district court lacked jurisdiction to consider the discovery motion because no case was pending and the motion did not qualify as a § 2255 motion or a § 2241 petition.
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The court held that a parole violation must be willful to warrant revocation, and the petitioner's failure to immediately report was not willful.
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The court affirmed the denial of habeas corpus relief, finding no constitutional error in the denial of claims for ineffective assistance of counsel, use of perjured testimony, illegal arrest/search, self-incrimination, or failure to appeal.
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751 F.2d 865·
6th Cir.·
1985-01-09
·cited 2×
The court held that cross-examining a defendant about their post-Miranda silence regarding an exculpatory explanation, when the police were unaware of the significance of the matter at the time of arrest, does not violate Doyle v. Ohio.
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The court held that the declaration of a mistrial was a proper exercise of discretion and did not violate the constitutional prohibition against double jeopardy.
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The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing or discovery.
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457 So. 2d 1372·
Fla.·
1984-10-10
·cited 2×
Charles Kenneth Foster, a death row inmate, petitioned for a writ of habeas corpus challenging his 1975 conviction for first-degree murder and robbery and his death sentence. The Florida Supreme Court denied the petition, finding Foster's arguments regarding appellate review, mit
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744 F.2d 1449·
11th Cir.·
1984-10-09
·cited 2×
The court held that the United States Parole Commission did not err in revoking King's parole and allowing his Federal Youth Corrections Act sentence to run until its expiration.
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The court held that state court delay in ruling on a post-conviction motion, even when combined with potential parole eligibility before appeal resolution, does not constitute exceptional circumstances to excuse the federal habeas corpus exhaustion requirement.
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738 F.2d 936·
8th Cir.·
1984-07-11
·cited 2×
A state prisoner is barred from federal habeas review of a constitutional claim if the claim was procedurally defaulted in state court, absent a showing of cause and prejudice for the default.
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The court held that requiring a probationer to re-serve time already served on probation violates the Double Jeopardy Clause, but the custodial portion of probation not yet served can still be imposed.
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735 F.2d 319·
8th Cir.·
1984-05-31
·cited 2×
The court held that the sentencing judge denied Romano due process by failing to consider alternatives to incarceration when revoking his probation.
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The court held that Rule 9(a) of habeas corpus proceedings requires a showing of actual prejudice to bar consideration of claims, and that the state failed to show prejudice regarding the petitioner's claims of unknowing waiver of counsel and guilty plea.
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731 F.2d 737·
11th Cir.·
1984-05-03
·cited 2×
The court held that the Alabama Court of Criminal Appeals' decision that Talwin was a controlled substance in 1974 was binding, and not precluded by a prior ruling that the 1973 classification was invalid.
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Robert Bruce sought habeas corpus relief challenging the Florida Parole and Probation Commission's refusal to convert his presumptive parole release date into an effective parole release date. The court held that the Commission abused its discretion by refusing to set an effectiv
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588 F. Supp. 1549·
M.D. Fla.·
1984-03-21
·cited 2×
The court held that the petitioner's claims of ineffective assistance of counsel were without merit, and therefore denied the petition for a writ of habeas corpus and the application for a stay of execution.
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728 F.2d 557·
1st Cir.·
1984-02-29
·cited 2×
A state court's decision to apply a new rule of state law prospectively, rather than retroactively, does not violate the federal Constitution, even if the new rule would have benefited the defendant in his prior trial.
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A defendant's request for a mistrial, made after the judge removes their counsel, will be taken at face value, and a subsequent retrial will not violate the Double Jeopardy Clause unless the judge's removal of counsel was motivated by bad faith or harassment.
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444 So. 2d 1153·
Fla. 2d DCA·
1984-02-10
·cited 2×
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Anthony Antone, convicted of first-degree murder and sentenced to death, petitioned for habeas corpus relief, appealed the trial court's denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850, and sought a stay of execution. The Florida Supreme Court deni
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The court held that the State of Oklahoma did not waive its jurisdiction over the appellant by releasing a detainer and failing to file another for several years, as the delay did not rise to the level of gross negligence required for waiver.
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724 F.2d 93·
8th Cir.·
1983-12-30
·cited 2×
The court held that the plaintiff failed to allege the requisite injury from the defendant's actions, thus affirming the dismissal of his section 1983 action.
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The court held that the district court erred in dismissing the petition without an evidentiary hearing, as sufficient facts were alleged to show a due process violation in the disciplinary hearing and potential prejudice.
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724 F.2d 23·
2d Cir.·
1983-12-13
·cited 2×
The court held that the extradition request was timely filed, even though it was one day late, because the final day fell on a legal holiday. The court also found that the offenses were extraditable and that any delay in conveyance was caused by the petitioner's own actions.
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722 F.2d 286·
6th Cir.·
1983-11-16
·cited 2×
The court held that a petitioner's claim of ineffective assistance of counsel due to failure to object to jury instructions does not constitute sufficient 'cause' to overcome a procedural default under Wainwright v. Sykes.
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The court held that while the trial court erred in failing to provide a limiting instruction regarding prior convictions, this error was harmless. Additionally, the court found no ineffective assistance of counsel or actual conflict of interest arising from joint representation.
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The court held that claims regarding conviction validity must be addressed to the sentencing court, claims about conditions of confinement are moot due to transfer, and claims for money damages require exhaustion of administrative remedies.
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441 So. 2d 666·
Fla. 3d DCA·
1983-10-18
·cited 2×
Logan was held in contempt for failing to file estate accounting and return estate records as ordered. He was released from jail by posting a $100,000 bond conditioned on future compliance, but failed to comply within the deadline. On appeal, Logan challenged the bond forfeiture,
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The court denied the stay of mandate because there was no reasonable probability that the Supreme Court would grant certiorari or reverse the decision.
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The court should find cause for the procedural default and grant relief, as the circumstances demonstrate a fundamental miscarriage of justice.
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710 F.2d 998·
3d Cir.·
1983-06-30
·cited 2×
A challenge to an out-of-state conviction under the Interstate Agreement on Detainers must be brought as a habeas corpus petition, and remedies must be exhausted in the courts of the state that issued the conviction.
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The court held that the defendants did not violate the prisoner's federal rights by failing to bring him before a judge to set a time for a habeas corpus petition when the prisoner, with counsel, elected not to pursue such a petition.
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707 F.2d 157·
5th Cir.·
1983-06-13
·cited 2×
The court held that equitable relief was inappropriate for a military pay dispute, and the plaintiff had an adequate legal remedy in another forum.