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

• Greene v. Massey
  706 F.2d 548· 5th Cir.· 1983-06-06 ·cited 2×·via Habeas Corpus Petition
  The dissenting judge believes the prior decision was clearly erroneous and would work a manifest injustice, thus creating an exception to the law of the case doctrine.
• Cruz v. Alexander
  708 F.2d 31· 2d Cir.· 1983-05-02 ·cited 2×·via Habeas Corpus Petition
  The court held that the state's denial of wiretapping was insufficient and a further inquiry was warranted due to new evidence and incomplete prior denials.
• Hinsley v. Rose
  705 F.2d 863· 6th Cir.· 1983-04-28 ·cited 2×
  The court affirmed the district court's dismissal of the habeas corpus petition, upholding the constitutionality of the Tennessee Habitual Drug Offender statute.
• Corso v. Petrovsky
  704 F.2d 424· 8th Cir.· 1983-04-19 ·cited 2×
  The court held that the Bureau of Prisons' interpretation of its regulations regarding financial obligations for custody classification was reasonable and not an abuse of discretion.
• Leiterman v. Rushen
  704 F.2d 442· 9th Cir.· 1983-04-19 ·cited 2×
  Federal habeas corpus relief is not available for excessive police violence if it did not causally contribute to the conviction.
• Daizi v. Fla. Parole & Prob. Comm'n
  436 So. 2d 171· Fla. 4th DCA· 1983-04-13 ·cited 2×·via Habeas Corpus Petition
  Raul Daizi petitioned for habeas corpus challenging the Parole and Probation Commission's assignment of his presumptive parole release date (PPRD). The Fourth District Court of Appeal, treating the petition as one for mandamus, upheld the Commission's authority to aggravate Daizi
• Vince Cavallaro v. Wyrick
  701 F.2d 1273· 8th Cir.· 1983-03-22 ·cited 2×
  The failure of a state to provide a prisoner with a pretransfer hearing and the right to counsel under the Interstate Agreement on Detainers, when seeking temporary custody, is a violation cognizable under federal habeas corpus.
• Felix v. Virgin Islands Gov't
  702 F.2d 54· 3d Cir.· 1983-03-07 ·cited 2×
  The court held that the petitioner's claims of trial error and the applicability of 18 U.S.C. § 4244 were procedurally defaulted and could not be raised in a habeas petition without showing cause and prejudice. The court also found the evidence presented insufficient to warrant a
• DeANGELO v. Strickland
  426 So. 2d 1264· Fla. 1st DCA· 1983-02-14 ·cited 2×
  The court held that the petition for writ of habeas corpus was properly denied because it did not establish a prima facie case of illegal imprisonment.
• Powell v. U.S. Bureau OF Prisons
  695 F.2d 868· 5th Cir.· 1983-01-17 ·cited 2×·via Habeas Corpus Petition
  Work credits earned in a foreign prison are not a permanent sentence reduction but are akin to good time credits that can be forfeited upon parole violation after transfer to the United States.
• Davidson v. Louie L. Wainwright
  436 So. 2d 134· Fla. 4th DCA· 1983-01-12 ·cited 2×
  Martha Davidson seeks habeas corpus to obtain delayed appellate review after her public defender failed to file a timely notice of appeal. The court granted the petition, allowing delayed appeal proceedings, while certifying important questions to the Florida Supreme Court regard
• Smith v. A.L. Lockhart
  697 F.2d 267· 8th Cir.· 1983-01-12 ·cited 2×
• Royal v. Wyrick
  694 F.2d 525· 8th Cir.· 1982-12-07 ·cited 2×
  The court affirmed the dismissal of Royal's claims without prejudice, but the concurring judge disagreed with the majority's reasoning on exhaustion of state remedies.
• Abramson v. Griffin
  693 F.2d 1009· 10th Cir.· 1982-12-01 ·cited 2×·via Writ Of Habeas Corpus
  The court held that collateral estoppel, as an integral part of the Double Jeopardy Clause, barred the state from relitigating the issue of the defendant's identity as the driver, which had been determined in his favor in prior municipal court proceedings.
• Sodders v. Parratt
  693 F.2d 811· 8th Cir.· 1982-12-01 ·cited 2×·via Habeas Corpus Petition
  A voluntary guilty plea waives claims regarding the sufficiency of the information, and a criminal statute is constitutional as applied if it clearly applies to the defendant's conduct.
• Jones v. Weldon
  690 F.2d 835· 11th Cir.· 1982-11-01 ·cited 2×·via Habeas Corpus Petition
  The court held that a prosecutor's refusal to stipulate to the admissibility of polygraph evidence does not violate a defendant's constitutional rights when the state rule merely allows parties to waive objection to inadmissible evidence, rather than creating a substantive right
• Streater v. Delbert Jackson
  691 F.2d 1026· D.C. Cir.· 1982-10-29 ·cited 2×
  The court held that the District Court erred in dismissing the habeas corpus petition without first allowing the D.C. Court of Appeals an opportunity to rule on the merits of the ineffective assistance of counsel claim.
• Ortiz v. Duckworth
  692 F.2d 39· 7th Cir.· 1982-10-28 ·cited 2×·via Habeas Corpus Petition
  The court concurred in the result because defense counsel failed to object to the jury charge, despite the charge being potentially prejudicial.
• Zeigler v. Louie L. Wainwright
  421 So. 2d 1· Fla.· 1982-10-18 ·cited 2×·via Writ Of Habeas Corpus
  The court denied the petition for a writ of habeas corpus and the application for a stay of execution.
• Abrahams v. Rodgers
  691 F.2d 87· 2d Cir.· 1982-10-07 ·cited 2×
  The court held that a subsequently imposed sentence cannot retroactively affect the aggregation of prior sentences for good-time computation under 18 U.S.C. § 4161.
• Shufty v. State
  419 So. 2d 1171· Fla. 2d DCA· 1982-10-01 ·cited 2×·via Habeas Corpus Petition
• Fletcher Shaw v. Estelle
  686 F.2d 273· 5th Cir.· 1982-09-20 ·cited 2×·via Habeas Corpus Petition
  The court held that the inadvertent use of the wrong heroin packet at trial, without prosecution knowledge or material impact, did not violate due process or fundamental fairness, and thus did not warrant habeas relief.
• Bryant v. Cherry
  687 F.2d 48· 4th Cir.· 1982-09-10 ·cited 2×·via Habeas Corpus Petition
  A guilty plea remains voluntary and intelligent even if the trial court fails to inform the defendant of a mandatory minimum sentence, if the defendant was aware of the plea agreement and reasonably expected a sentence at or above the mandatory minimum.
• Hartung v. Omodt
  687 F.2d 1230· 8th Cir.· 1982-09-08 ·cited 2×
  The court held that the juvenile court's reference hearing was not an adjudicatory hearing, thus jeopardy did not attach, and the appellant validly waived any double jeopardy claims. The court also found no enforceable bargain existed.
• In re the Application of Kenneth Bergen v. Carson
  417 So. 2d 1081· Fla. 1st DCA· 1982-08-06 ·cited 2×
  Kenneth Bergen appealed the denial of his habeas corpus petition, claiming he was entitled to discharge under 18 U.S.C. § 3182 because thirty days had elapsed since his arrest on a fugitive warrant. The Florida District Court of Appeal affirmed the denial, holding that the thirty
• In re the Application of Robert Bergen v. Carson
  417 So. 2d 1080· Fla. 1st DCA· 1982-08-06 ·cited 2×
  Robert Bergen appeals the denial of his habeas corpus petition seeking discharge under 18 U.S.C. § 3182, which permits discharge of fugitives if no agent appears within thirty days of arrest. The Florida appellate court affirms the denial, holding that the thirty-day period runs
• Helm v. Solem
  684 F.2d 582· 8th Cir.· 1982-08-04 ·cited 2×
  A life sentence without parole for uttering a $100 "no account" check, even as an habitual offender, constitutes cruel and unusual punishment when the offender's crimes are linked to alcoholism and lack violent history.
• Steele v. Wainwright
  419 So. 2d 657· Fla. 1st DCA· 1982-07-16 ·cited 2×
• Neal v. Dir., Dist. of Columbia Dep't of Corr.
  684 F.2d 17· D.C. Cir.· 1982-07-13 ·cited 2×
  The district court erred in dismissing the habeas corpus petition based on exclusive D.C. court jurisdiction under D.C. Code § 23-110, as that statute applies only to challenges to the sentence itself, not to the procedures for prisoner transfers.
• Smith v. State
  416 So. 2d 510· Fla. 5th DCA· 1982-07-07 ·cited 2×
  The court, in a special concurrence, suggests that a criminal defendant should not be deprived of an appeal due to attorney negligence in filing the notice of appeal.
• Denard v. Louie L. Wainwright
  418 So. 2d 280· Fla. 5th DCA· 1982-06-30 ·cited 2×
  Petitioner Denard sought habeas corpus relief after his direct appeal was dismissed for untimely filing, arguing he was deprived of his right to appeal by state action. The court held that under Baggett v. Wainwright, the defendant bears the initial responsibility to timely notif
• Preston v. Seay
  684 F.2d 172· 1st Cir.· 1982-06-29 ·cited 2×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, holding that the petitioner's 'solid default' constituted a waiver of his right to a jury trial under the challenged statute.
• Brown v. Warden, Great Meadow Correctional Facility
  682 F.2d 348· 2d Cir.· 1982-06-23 ·cited 2×·via Habeas Corpus Petition
  The court held that New York's requirement for the prosecution to prove a defendant's mental competency to stand trial by a preponderance of the evidence satisfies due process.
• Ignatizo Giuliano v. Louie Wainwright
  416 So. 2d 1180· Fla. 4th DCA· 1982-06-23 ·cited 2×
  Petitioner Giuliano sought habeas corpus relief claiming his appellate conviction was infirm because Judge Glickstein, who sat on the appellate panel affirming his conviction in one case, had previously represented a prosecution witness in a separate trial. The court denied the p
• Ramirez v. Estelle
  678 F.2d 604· 5th Cir.· 1982-06-18 ·cited 2×
  The court held that the petitioner waived his constitutional claim by failing to move for a continuance, and the absence of the witness's testimony did not result in prejudice.
• Shriner v. Wainwright
  570 F. Supp. 766· N.D. Fla.· 1982-04-20 ·cited 2×
  The court denied the petition for a writ of habeas corpus and the application for a stay of execution, finding no constitutional violations in the petitioner's conviction or sentence.
• Seltzer v. Ashcroft
  675 F.2d 184· 8th Cir.· 1982-04-07 ·cited 2×
  The court held that the district court should stay the civil rights action pending the outcome of the plaintiff's criminal appeal and consider issues of prosecutorial immunity.
• Purnell v. Fla. Parole & Prob. Comm'n
  409 So. 2d 1122· Fla. 1st DCA· 1982-02-09 ·cited 2×
  Andrew Purnell sought a writ of habeas corpus claiming he was entitled to immediate release based on a presumptive parole release date (PPRD) of June 2, 1981, because the Florida Parole and Probation Commission failed to notify him of his PPRD within 45 days of his initial parole
• Soto v. State
  409 So. 2d 1123· Fla. 3d DCA· 1982-02-09 ·cited 2×·via Writ Of Habeas Corpus
  Rogelio Soto challenges an extradition order to Virginia on habeas corpus grounds, arguing the Virginia indictment failed to allege he committed an act in Florida that resulted in a crime in Virginia, as required by Florida's extradition statute. The court reverses and grants the
• Gentric Hicks v. Scurr
  671 F.2d 255· 8th Cir.· 1982-02-05 ·cited 2×·via Habeas Corpus Petition
  The court held that the admission of potentially misleading fingerprint probability testimony, while erroneous, did not rise to the level of a due process violation requiring federal habeas corpus relief, especially given the other evidence presented.
• United States ex rel. Sylvester Henderson v. Morris
  670 F.2d 699· 7th Cir.· 1982-02-05 ·cited 2×
  The court held that modifying consecutive sentences to concurrent sentences to conform to a new statutory limitation on aggregate minimum terms did not violate the petitioner's constitutional rights.
• Douglas v. Long
  661 F.2d 747· 9th Cir.· 1981-11-16 ·cited 2×·via Habeas Corpus Petition
  The concurring judge agrees with the majority's outcome because the issue is state procedure without federal constitutional implications or demonstrated prejudice.
• Terry v. State
  404 So. 2d 1154· Fla. 5th DCA· 1981-10-21 ·cited 2×
  Roland Terry sought habeas corpus relief alleging ineffective assistance of appellate counsel in his original appeal of his armed robbery and kidnapping conviction. The court denied relief, finding that Terry failed to meet the established burden of proving specific deficiencies
• McNARY v. Sowders
  660 F.2d 703· 6th Cir.· 1981-10-02 ·cited 2×
  The Sixth Circuit held that the district court erred by failing to apply the presumption of correctness required by 28 U.S.C. § 2254(d) to the state court's factual findings regarding eyewitness identification reliability.
• United States ex rel. Larry Fulton v. Franzen
  659 F.2d 741· 7th Cir.· 1981-08-26 ·cited 2×
  The court held that the petitioner's conviction was not barred by double jeopardy and that his collateral estoppel claim was procedurally barred due to failure to object in the lower courts. The Fourth Amendment claim was also denied.
• Pador v. Matanane
  653 F.2d 1277· 9th Cir.· 1981-08-17 ·cited 2×
  A petitioner for a writ of habeas corpus in Guam must exhaust territorial remedies before the District Court will entertain the petition, even if the claim arises under the U.S. Constitution.
• Fla. Parole & Prob. Comm'n v. August Alby
  400 So. 2d 864· Fla. 4th DCA· 1981-07-15 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court erred in granting the writ of habeas corpus but correctly denied the motion for writ of prohibition.
• Middleton v. Polk
  399 So. 2d 1105· Fla. 5th DCA· 1981-06-24 ·cited 2×·via Writ Of Habeas Corpus
  A defendant convicted by jury but with adjudication withheld sought habeas corpus relief after bail was revoked for violating a condition requiring him to reside with his father. The Florida appellate court denied the petition, holding that such residency conditions are reasonabl
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Zacharakis v. Howerton
  517 F. Supp. 1026· S.D. Fla.· 1981-06-12 ·cited 2×
  The court held that the INS operating instruction for deferred action status does not confer a substantive right on aliens, and the District Director's denial of such a request is committed to discretion and not reviewable by the court.