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

• 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.
• Sacco v. Falke
  649 F.2d 634· 8th Cir.· 1981-06-03 ·cited 2×
  The court affirmed the denial of habeas corpus, finding that the petitioner had not exhausted state remedies for the Ohio indictment and that claims regarding the detainer's effects were moot.
• Foster v. Strickland
  515 F. Supp. 22· N.D. Fla.· 1981-05-29 ·cited 2×
  The court held that a federal court may grant a stay of execution and conduct an evidentiary hearing if the state court's factual findings are not fairly supported by the record, even if the state court denied a hearing.
• Durham v. Wyrick
  665 F.2d 185· 8th Cir.· 1981-05-20 ·cited 2×
  The court held that the denial of habeas corpus relief on the grounds of using pardoned convictions and grand jury issues was appropriate, but remanded for consideration of the claim that prior convictions used for enhancement were uncounseled.
• Koski v. Unwar J. Samaha
  648 F.2d 790· 1st Cir.· 1981-05-20 ·cited 2×·via Habeas Corpus Petition
  A prosecutor's mere recommendation or threat to recommend a higher sentence in a de novo trial does not constitute prosecutorial vindictiveness violating due process, especially when the defendant proceeds with the trial and the judge ultimately imposes the sentence.
• Kenner v. Martin
  648 F.2d 1080· 6th Cir.· 1981-05-12 ·cited 2×
  The court held that the delay in notifying a state parolee of a parole violator's warrant and providing a revocation hearing does not violate due process, even when based on an intervening federal conviction.
• Johnel McCRAY v. Louie L. Wainwright
  397 So. 2d 1220· Fla. 1st DCA· 1981-05-11 ·cited 2×
• Perkins v. LeFEVRE
  642 F.2d 37· 2d Cir.· 1981-02-18 ·cited 2×
  The court held that the district court erred in denying the habeas petition without an evidentiary hearing, as the record was undeveloped regarding the witness's criminal record and the prosecutor's knowledge of false testimony.
• United States v. Luck
  664 F.2d 311· D.C. Cir.· 1981-02-17 ·cited 2×·via Habeas Corpus Petition
  The court held that extending a federal sentence to account for time spent out of custody due to escape does not require a hearing, as it is a clerical adjustment, not a punitive forfeiture of good time credits.
• Hawthorne v. Louie L. Wainwright
  396 So. 2d 724· Fla. 1st DCA· 1981-02-16 ·cited 2×
• Nasario D. Martinez, Jr. v. Romero
  640 F.2d 1151· 10th Cir.· 1981-02-09 ·cited 2×
  The court held that the district court must determine if the appellant has exhausted state remedies before proceeding with the habeas corpus petition.
• Little v. Hal Hopkins
  638 F.2d 953· 6th Cir.· 1981-01-21 ·cited 2×
  A federal prisoner must exhaust administrative remedies before seeking habeas corpus relief, even if a parole hearing is imminent.
• MAY v. Wyrick
  635 F.2d 760· 8th Cir.· 1981-01-15 ·cited 2×·via Writ Of Habeas Corpus
  The court affirmed the district court's denial of the habeas corpus application.
• Tully v. Scheu
  637 F.2d 917· 3d Cir.· 1980-12-30 ·cited 2×
  The court held that the state afforded the defendant a meaningful sentence reduction hearing as required by prior mandate, and thus the district court erred in granting habeas corpus relief.
• United States ex rel. Curtis Houston v. Warden, Stateville Corr. Ctr., & Ill. Prisoner Review Bd.
  635 F.2d 656· 7th Cir.· 1980-12-16 ·cited 2×·via Habeas Corpus Petition
  A prisoner serving a determinate sentence is not entitled to greater due process safeguards than those afforded to a prisoner serving an indeterminate sentence before being deprived of good-time credit.
• Hardy v. Callahan
  634 F.2d 646· 1st Cir.· 1980-11-12 ·cited 2×
  The court held that the petitioner failed to demonstrate cause and prejudice for his procedural default in state court, thus precluding federal habeas corpus review.
• Wright v. Bombard
  638 F.2d 457· 2d Cir.· 1980-10-30 ·cited 2×
  Federal habeas corpus review is foreclosed because the petitioner failed to properly raise his constitutional claim in state court, and thus did not meet the cause and prejudice standard required by Wainwright v. Sykes.
• Johnson v. Estelle
  625 F.2d 75· 5th Cir.· 1980-08-29 ·cited 2×·via Habeas Corpus Petition
  Habeas corpus relief should be governed by substance over form, and the petitioner's actions indicated they considered the removal proceedings abandoned.
• United States ex rel. John Sullivan v. Cuyler
  631 F.2d 14· 3d Cir.· 1980-08-19 ·cited 2×·via Habeas Corpus Petition
  The court remanded the case to the district court for reconsideration of the sufficiency of evidence under the Jackson standard and the issue of actual conflict of interest affecting counsel's performance.
• Satterlee v. Kritzman
  626 F.2d 682· 9th Cir.· 1980-08-15 ·cited 2×·via Habeas Corpus Petition
  The court held that the clerk's eight-month delay in forwarding the district court file did not violate Satterlee's constitutional rights because he lost no substantive rights as a result of the delay.
• Filomeno Sotelo Mondragon v. Immigr. & Naturalization Serv.
  625 F.2d 270· 9th Cir.· 1980-08-11 ·cited 2×
  The court held that it lacked jurisdiction to review the Board of Immigration Appeals' refusal to reopen a deportation order because the alien had previously sought judicial review of the order and the grounds for reopening could have been raised in the prior proceeding.
• Smith v. Hambrick
  637 F.2d 211· 4th Cir.· 1980-08-04 ·cited 2×·via Habeas Corpus Petition
  The court held that the Parole Commission sufficiently identified the factor preventing the inmate's release and did not act arbitrarily or capriciously in denying parole.
• Shea v. Heggie
  624 F.2d 175· 10th Cir.· 1980-06-30 ·cited 2×
  The court held that the exhaustion requirement of 28 U.S.C. § 2254(b) does not apply when there is no available state corrective process for parole denials.
• F. S. N. v. Joyce
  384 So. 2d 720· Fla. 4th DCA· 1980-06-04 ·cited 2×
  A juvenile petitioner challenged his prosecution as an adult for a burglary charge after voluntarily requesting adult trial status for a prior petit theft charge. The court held that statutory provisions allowing continued adult prosecution of juveniles apply only to transfers ef
• Meggs v. Fair
  621 F.2d 460· 1st Cir.· 1980-05-12 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner failed to exhaust state remedies for some claims and that the remaining claims did not rise to the level of constitutional error warranting habeas corpus relief.
• COX v. Hutto
  619 F.2d 731· 8th Cir.· 1980-04-16 ·cited 2×
  The court held that the State failed to prove Cox was not prejudiced by a defective stipulation of prior convictions, thus affirming the grant of habeas corpus relief.
• Hoadley v. Heggie
  617 F.2d 589· 10th Cir.· 1980-04-03 ·cited 2×
  The court certified a question to the Colorado Supreme Court regarding the availability of state judicial review for parole denials.
• In re the Application of William Sheffield for a Writ of Habeas Corpus v. Cardwell
  621 F.2d 319· 9th Cir.· 1980-03-20 ·cited 2×
  The court held that while the district court had jurisdiction on February 10, the petition was moot because the relief sought had already been granted by another judge.
• Chaudoin v. State
  383 So. 2d 645· Fla. 5th DCA· 1980-03-12 ·cited 2×
  Russell Chaudoin sought post-conviction relief under Rule 3.850, claiming his court-appointed attorney was ineffective for filing a notice of appeal before the trial court ruled on a motion for new trial, thereby waiving his right to appeal the sufficiency of the evidence. The Fi
• Cole v. Wyrick
  615 F.2d 1206· 8th Cir.· 1980-02-26 ·cited 2×·via Habeas Corpus Petition
  The court held that the petitioner's consecutive sentences were imposed based on a statute later found unconstitutional, and thus the matter should be remanded for resentencing.
• Foster v. Barbour
  613 F.2d 59· 4th Cir.· 1980-01-14 ·cited 2×·via Habeas Corpus Petition
  The court affirmed the grant of a writ of habeas corpus, finding that the prosecutor's repeated cross-examination of the defendant about unconvicted crimes denied him due process. However, the court disagreed with the district court's sentencing conclusions regarding the ex post
• Sanders v. Oliver
  611 F.2d 804· 10th Cir.· 1979-12-20 ·cited 2×·via Petition For Habeas Corpus Relief
• Pinnon v. Ciccone
  611 F.2d 252· 8th Cir.· 1979-12-20 ·cited 2×
  The court held that the issues raised by the petitioner became moot due to a subsequent parole hearing, and his allegations did not state sufficient facts for relief under 28 U.S.C. § 2255.
• Kibert v. Blankenship
  611 F.2d 520· 4th Cir.· 1979-12-04 ·cited 2×·via Habeas Corpus Petition
  The court held that the district court erred in granting habeas corpus relief, as the petitioner's guilty plea was voluntary and knowingly entered, and he was not denied effective assistance of counsel.
• Zambito v. Reece H. Blair
  610 F.2d 1192· 4th Cir.· 1979-11-26 ·cited 2×
  The Fourth Amendment requires an actual judicial finding of probable cause prior to extradition, but the demanding state's papers need not explicitly state this finding if it was in fact made and the asylum state governor has no substantial basis to doubt it.
• Spencer v. Louie L. Wainwright
  377 So. 2d 38· Fla. 1st DCA· 1979-11-20 ·cited 2×
  Prisoner Spencer, convicted of sexual battery and kidnapping, sought habeas corpus relief claiming double jeopardy based on a prior juvenile waiver hearing. The court held that the hearing was conducted solely on the waiver issue without adjudicating delinquency, so no second jeo
• Makris v. United States Bureau OF Prisons
  606 F.2d 575· 5th Cir.· 1979-11-14 ·cited 2×·via Habeas Corpus Petition
  The court held that procedural due process rights do not apply to the classification of an inmate as a Central Monitoring Case (CMC).
• Antonelli v. Ralston
  609 F.2d 340· 8th Cir.· 1979-11-01 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the district court should have stayed proceedings to allow prisoners to seek administrative relief before denying their petition for injunctive relief.
• Rice v. Parratt
  605 F.2d 1091· 8th Cir.· 1979-10-03 ·cited 2×
  The court held that a second federal habeas corpus petition raising issues not previously presented to state courts must first exhaust those state remedies, even if the appellant claims they are ineffective.
• Nelson v. Louie L. Wainwright
  374 So. 2d 1172· Fla. 1st DCA· 1979-09-20 ·cited 2×
  Florida court denied habeas petition challenging forfeiture of gain-time credits earned on a prior completed sentence when inmate was convicted of escape, holding that cumulative sentences are treated as one sentence for gain-time forfeiture purposes under Fla. Stat. § 944.27(2).
• Elliott v. Thompson
  599 F.2d 767· 6th Cir.· 1979-06-11 ·cited 2×
  The court affirmed the district court's denial of the habeas corpus petition, finding the confession voluntary and any Bruton Rule violation to be harmless error.
• Fulford v. Blackburn
  593 F.2d 17· 5th Cir.· 1979-04-16 ·cited 2×·via Habeas Corpus Petition
  The court held that a claim of ineffective assistance of counsel based on a plea agreement for an unauthorized sentence is not established without showing prejudice.
• Lacoste v. Blackburn
  592 F.2d 1321· 5th Cir.· 1979-04-12 ·cited 2×·via Habeas Corpus Petition
  The court held that the admission of hearsay testimony from an informant, despite the trial court's instructions, did not violate the petitioner's Sixth Amendment right to confrontation because the evidence was not crucial or devastating and other corroborating evidence existed.
• Brady McCULLOUGH v. Estelle
  591 F.2d 1158· 5th Cir.· 1979-03-23 ·cited 2×
  The denial of a petition for a writ of habeas corpus is affirmed, as the applicant failed to establish claims of equal protection violations, manufactured evidence, or prosecutorial misconduct.
• McLELLAND v. State
  368 So. 2d 673· Fla. 1st DCA· 1979-03-22 ·cited 2×
• Welch v. Dist. Court OF Vt. Unit NO. 5
  594 F.2d 903· 2d Cir.· 1979-03-15 ·cited 2×
  The introduction of evidence of a defendant's refusal to take a breathalyzer test does not violate the Fifth Amendment privilege against self-incrimination.
• Thomas v. Estelle
  588 F.2d 170· 5th Cir.· 1979-01-22 ·cited 2×·via Application For Writ Of Habeas Corpus
  The court held that the claim regarding appearance in jail clothing must be remanded for a factual determination of whether an objection was properly made, as this could establish a denial of a fair trial.
• Newman v. Hornsby
  370 So. 2d 1165· Fla. 4th DCA· 1979-01-18 ·cited 2×
• Williams v. State
  370 So. 2d 1164· Fla. 4th DCA· 1979-01-10 ·cited 2×·via Habeas Corpus Petition
  A state prisoner challenged the constitutionality of Florida's Mandatory Conditional Release statute, arguing that early release with parole-like supervision constituted double jeopardy. The court rejected this challenge, holding that the statute does not punish twice but rather
• In re the Extradition of Errol Lloyd Barrett. Errol Lloyd Barrett v. United States
  590 F.2d 624· 6th Cir.· 1978-12-21 ·cited 2×
  The court held that the two-month extradition period began when the commitment order was entered, and that the filing of a habeas corpus petition does not toll this period, especially when no prejudice resulted from the delay.