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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583 F.2d 176·
5th Cir.·
1978-11-02
·cited 2×
The court held that the U.S. Parole Commission has jurisdiction to issue a mandatory release violator's warrant even if the original conviction statute did not provide for parole.
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584 F.2d 858·
8th Cir.·
1978-10-06
·cited 2×
The court held that the Interstate Agreement on Detainers does not preclude the use of traditional extradition procedures when no detainer has been lodged.
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584 F.2d 644·
3d Cir.·
1978-09-29
·cited 2×
The dissent argues that a judge's attendance at the funeral of a murder victim, followed by presiding over the accused murderer's trial, creates an appearance of impropriety that denies the defendant a fair trial.
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The court held that the district court correctly denied Esquivel's habeas corpus petition because his counsel was present at sentencing and he was adequately informed of his right to appeal.
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584 F.2d 590·
2d Cir.·
1978-08-28
·cited 2×
The court held that the trial judge's admonition to a witness, though potentially imprudent, did not unconstitutionally taint the subsequent trial and deny the petitioner due process.
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578 F.2d 1148·
5th Cir.·
1978-08-25
·cited 2×
The court held that an escaped prisoner's appeal from a habeas corpus order is moot and should be dismissed unless the prisoner is returned to custody within a specified period.
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359 So. 2d 928·
Fla. 2d DCA·
1978-06-21
·cited 2×
Samuel Showers was convicted of assault with intent to commit second degree murder but his appeal was never properly docketed despite filing a notice of appeal. After his appellate counsel withdrew and the appeal languished, Showers filed a habeas corpus petition alleging his rig
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A state prisoner petitioned for habeas corpus after prison officials forfeited his accumulated gain-time following his escape and guilty plea to escape charges, without notice or hearing. The court held that Florida law permits such forfeiture without due process protections and
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571 F.2d 1381·
5th Cir.·
1978-04-28
·cited 2×
The court held that the Texas Controlled Substances Act was not unconstitutionally vague as applied to the appellant's conduct, and thus the petition for writ of habeas corpus was properly denied.
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357 So. 2d 764·
Fla. 3d DCA·
1978-04-18
·cited 2×
The court held that the petitioner was not entitled to release on bond, and the lower court did not depart from the essential requirements of law in denying her petition for writ of habeas corpus.
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The court held that the appellant's pleadings failed to state a constitutional claim because he received adequate notice of the Massachusetts parental termination proceedings and voluntarily failed to appear.
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The court held that the trial judge's declaration of a mistrial was not a manifest necessity because the first trial court had jurisdiction, and therefore, the subsequent trial violated the Double Jeopardy Clause.
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The court held that a state's courts should not inquire into the legality or constitutionality of criminal charges in the demanding state when considering extradition.
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The court held that the appellant's guilty plea was knowing, voluntary, and uncoerced, affirming the district court's denial of habeas corpus relief.
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566 F.2d 459·
5th Cir.·
1978-01-16
·cited 2×
The court held that the challenged clause of Florida Statute § 800.04 is not unconstitutionally vague and that the 118-day delay in sentencing did not violate the petitioner's speedy trial rights.
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The court held that placing the burden of proving insanity on the defendant does not violate due process, reaffirming prior precedent.
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The court, in dissent, argues that the denial of rehearing en banc was improper because the lower court's reasoning regarding the non-disclosure of witness inducements and exculpatory statements violated due process principles.
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562 F.2d 570·
8th Cir.·
1977-09-21
·cited 2×
A federal prisoner's challenge to the validity of his sentence must be made in the sentencing court via a § 2255 motion, unless that motion is shown to be inadequate or ineffective.
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559 F.2d 364·
5th Cir.·
1977-09-19
·cited 2×
The court held that a writ of habeas corpus should not be granted solely because an attorney's correct advice was due to luck rather than skill.
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The court held that the petitioner's statement was volunteered and not elicited in violation of Miranda, thus the district court erred in granting the habeas petition.
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The court held that a conflict of interest in joint representation may require an evidentiary hearing to determine ineffective assistance of counsel.
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560 F.2d 393·
8th Cir.·
1977-08-19
·cited 2×
The court held that a federal habeas corpus petitioner is not entitled to a second suppression hearing if they had a full and fair opportunity to litigate their Fourth Amendment claim in state court, even if a different judge denied a subsequent motion without a hearing.
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The court held that the Wisconsin obscenity statute, as authoritatively construed, meets constitutional standards, but the publications at issue were not obscene under federal law.
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346 So. 2d 640·
Fla. 2d DCA·
1977-06-03
·cited 2×
The Florida Parole and Probation Commission's appeal was granted, reversing the circuit court's habeas corpus order releasing Baker, because res judicata barred the second petition on identical grounds already denied by the appellate court.
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556 F.2d 595·
1st Cir.·
1977-06-03
·cited 2×
The court held that a mandatory one-year minimum sentence for carrying a firearm without a license does not constitute cruel and unusual punishment or violate due process or equal protection.
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554 F.2d 895·
8th Cir.·
1977-05-11
·cited 2×
The court held that the prisoner had not exhausted his state remedies and therefore the federal district court properly dismissed his petition for a writ of habeas corpus.
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Hearsay evidence is admissible in U.S. extradition proceedings under 18 U.S.C. § 3184, and the admissibility is governed by U.S. law, not foreign law.
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A guilty plea, entered on advice of counsel, precludes federal habeas corpus relief based on antecedent constitutional infirmities in prior proceedings.
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547 F.2d 894·
5th Cir.·
1977-02-25
·cited 2×
A prosecutor's offer of mercy that is refused by a defendant, leading to a trial on enhanced charges and a harsher sentence, does not violate due process or other constitutional rights.
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547 F.2d 437·
8th Cir.·
1977-01-14
·cited 2×
Federal courts will not grant habeas corpus relief on Fourth Amendment claims if the state provided a full and fair opportunity to litigate those claims.
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548 F.2d 105·
3d Cir.·
1977-01-13
·cited 2×
There is no federal constitutional right to be sentenced by the same judge who presided at trial; therefore, a writ of habeas corpus cannot be granted on this basis.
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The dismissal of a direct state criminal appeal by the U.S. Supreme Court for want of a substantial federal question constitutes an actual adjudication that precludes subsequent federal habeas corpus relief, absent subsequent doctrinal developments.
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A prisoner is entitled to an evidentiary hearing on a habeas corpus petition if they allege facts sufficient to raise issues about the voluntariness of their guilty plea and the validity of their arraignment due to alleged coercion by their appointed counsel.
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The court held that a representative habeas corpus action was properly maintained even if the legal issue had not been definitively adjudicated, and that the Stachulak decision requiring proof beyond a reasonable doubt for commitment under the Sexually Dangerous Persons Act shoul
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The court affirmed the denial of the habeas corpus petition, holding that the conviction for criminal contempt did not violate 18 U.S.C. § 2515 or the Fifth Amendment.
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The court held that the trial court did not err in denying the petition for habeas corpus, as the evidence did not clearly show incompetence to stand trial.
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543 F.2d 637·
8th Cir.·
1976-11-02
·cited 2×
The court affirmed the district court's denial of the appellant's petition for a writ of habeas corpus.
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338 So. 2d 1128·
Fla. 4th DCA·
1976-10-29
·cited 2×
An inmate at a Florida correctional facility challenged the removal of 115 days of gain-time credits through disciplinary proceedings, alleging violations of due process. The appellate court found that while Florida's regulations provided sufficient procedural safeguards under Wo
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543 F.2d 631·
8th Cir.·
1976-10-29
·cited 2×
The court held that a mistrial declared due to an irreconcilably deadlocked jury, after reasonable deliberation, does not violate the Double Jeopardy Clause, and the trial court did not abuse its discretion.
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536 F.2d 1038·
5th Cir.·
1976-08-09
·cited 2×
The court held that the failure to object to wearing prison attire during trial is sufficient to negate a claim of compelled appearance in such clothing.
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Petitioner held without bond on alleged probation violation must be released because the State failed to comply with the statutory requirement to hold a parole revocation hearing within ten days of arrest.
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The court held that the circumstances surrounding the defendant's case created sufficient doubt as to his competence to stand trial, requiring further inquiry, and affirmed the District Court's denial of habeas corpus with a reservation for the petitioner to file in state court.
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536 F.2d 791·
8th Cir.·
1976-06-14
·cited 2×
The court held that venue for a habeas corpus petition challenging parole revocation procedures is proper where the custodian (Board of Parole) is found, not necessarily where the prisoner is confined.
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The District Court should have dismissed Bell's habeas petition without prejudice on principles of comity and federalism, allowing the state courts to first review the competency determination.
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535 F.2d 543·
9th Cir.·
1976-05-19
·cited 2×
The court held that the district court did not err in denying the habeas corpus petition, as the appellant was not a parolee and the state board's conditions were lawful.
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330 So. 2d 461·
Fla.·
1976-04-07
·cited 2×
George Grayson, a Florida inmate serving a life sentence for murder, challenged a Louisiana detainer lodged against him, claiming it violated an executive agreement between the governors providing he would not be returned to Louisiana after receiving a life sentence. The Florida
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329 So. 2d 422·
Fla. 2d DCA·
1976-03-24
·cited 2×
The Florida Department of Corrections appealed a habeas corpus order that released a prisoner from mandatory conditional release supervision because he had not consented to the release. The court reversed, holding that mandatory conditional release is a matter of statutory right,
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A sentencing judge's passing reference to a belief in a defendant's perjury, which is apparent to the judge and not subsequently relied upon, does not constitute a constitutional deprivation warranting federal habeas corpus relief.
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The Florida Supreme Court granted habeas corpus relief and ordered credit for 201 days of pretrial county jail time toward the petitioner's sentence under Florida Statutes Section 921.161.