Petition For Writ Of Habeas Corpus

7,517 Florida cases classified under this topic, plus 5,493 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Jordan v. Singletary
  641 So. 2d 491· Fla. 2d DCA· 1994-08-19
  Larry Robert Jordan petitioned for habeas corpus alleging illegal detention due to lack of notice of postconviction decisions and claims of ineffective assistance of counsel regarding his guilty plea and sentencing on robbery charges. The court denied the petition, finding that J
• In the Interest of C.L.
  638 So. 2d 993· Fla. 4th DCA· 1994-06-15 ·via Writ Of Habeas Corpus
  The Fourth District Court of Appeal granted a petition for habeas corpus and ordered the release of a juvenile charged with grand theft auto who was detained pretrial without sufficient statutory grounds. The trial court lacked authority to order detention because the state faile
• Diaz v. Singletary
  637 So. 2d 358· Fla. 1st DCA· 1994-06-01 ·via Writ Of Habeas Corpus
• Newsome v. Singletary
  637 So. 2d 9· Fla. 2d DCA· 1994-05-06 ·via Application For Writ Of Habeas Corpus
  Prisoner Newsome appealed the dismissal of his habeas corpus and rule 1.630 application challenging a DOC disciplinary action. The court reversed, holding that Newsome's claim was not an untimely complaint for common law certiorari, and that different remedies apply depending on
• C.W.P. v. State
  633 So. 2d 1192· Fla. 5th DCA· 1994-03-25
  A Florida appellate court granted a habeas corpus petition and ordered the immediate release of a juvenile who was unlawfully detained in secure custody. The court found that the lower court failed to comply with statutory requirements for secure detention of juveniles by not mak
• Hedrick v. Fla. Hosp. Med. Ctr.
  633 So. 2d 1153· Fla. 5th DCA· 1994-03-18
  David Hedrick appealed the denial of his habeas corpus petition challenging his involuntary commitment for mental health examination. The court reversed, holding that the evidence did not establish the statutory requirement of a real and present threat of substantial harm to his
• Burns v. Hodges
  629 So. 2d 324· Fla. 2d DCA· 1993-12-29 ·via Habeas Corpus Petition
  The trial court erred by failing to consider the applicable Florida Administrative Code rule for control release violation hearings when determining the need for appointed counsel.
• Flowers v. State
  627 So. 2d 1340· Fla. 5th DCA· 1993-12-17 ·via Writ Of Habeas Corpus
• Soler v. Singletary
  629 So. 2d 248· Fla. 3d DCA· 1993-12-14 ·via Writ Of Habeas Corpus
  The court held that the claims raised in the motion for postconviction relief and the petition for writ of habeas corpus were either legally insufficient or procedurally barred.
• Hernandez v. Dugger
  839 F. Supp. 849· M.D. Fla.· 1993-12-08
  The court granted the state's motion for a stay pending appeal, allowing the petitioner to remain incarcerated, despite the grant of a writ of habeas corpus.
• In the Interest of T.D.
  623 So. 2d 851· Fla. 1st DCA· 1993-09-10
  A Florida appellate court dismissed a mother's appeal of a parental rights termination order as untimely. The notice of appeal was filed 35 days after the final order, exceeding the 30-day deadline, and the trial court lacked authority to extend the filing deadline.
• Quinn v. Crowder
  625 So. 2d 1247· Fla. 4th DCA· 1993-09-07
  A Florida appellate court granted a habeas corpus petition challenging a $50,000 bond as excessive for a defendant charged with DUI and failure to appear. The court found the bond violated the defendant's right to pretrial release on reasonable conditions and remanded for the tri
• Wigfals v. Singletary
  624 So. 2d 320· Fla. 2d DCA· 1993-09-03
  Wigfals petitioned for habeas corpus claiming ineffective assistance of appellate counsel for failing to challenge an upward sentencing departure based on habitual offender status. The court denied the petition, holding that appellate counsel was not ineffective because the law a
• Knox v. Collins
  999 F.2d 824· 5th Cir.· 1993-08-23 ·via Habeas Corpus Petition
  The phrase 'reasonable time' in a habeas corpus mandate vests the district court with broad discretion to determine the retrial schedule, not a fixed period like 90 days.
• Singletary v. Christa Graham
  622 So. 2d 634· Fla. 4th DCA· 1993-08-18
  This appeal concerns whether an inmate sentenced to a three-year mandatory minimum for firearm possession is eligible for provisional gain-time credits. The Florida Fourth District Court of Appeal reversed the trial court's grant of habeas corpus, holding that the inmate was stat
• Russell v. Collins
  998 F.2d 1287· 5th Cir.· 1993-08-13
  The court held that the petitioner's mitigating evidence was either cognizable under the Texas special issues, barred by non-retroactivity, or not constitutionally relevant, and that the jury had sufficient evidence to infer individual culpability, thus affirming the denial of th
• Callins v. Collins
  998 F.2d 269· 5th Cir.· 1993-08-06
  The court affirmed the denial of the petition for writ of habeas corpus, finding no error in the district court's findings of fact and conclusions of law.
• Tunstall v. Singletary
  622 So. 2d 530· Fla. 1st DCA· 1993-07-28
  Stanley Tunstall appeals the denial of his habeas corpus petition challenging the validity of his parole and parole revocation. The court reversed, finding that the trial court failed to address whether Tunstall's sentences would have expired prior to his parole under the proper
• Hockett v. Duckworth
  999 F.2d 1160· 7th Cir.· 1993-07-26
  The court held that the district court did not err in denying the habeas petition without an evidentiary hearing, as the state court post-conviction proceedings adequately addressed the ineffective assistance of counsel claim.
• Fisher v. Hargett
  997 F.2d 1095· 5th Cir.· 1993-07-26 ·via Habeas Corpus Petition
  The state is not constitutionally required to provide an indigent defendant with a free transcript of a prior trial on a different charge if the value of the transcript is minimal and adequate alternatives exist.
• Kermit Smith, Jr. v. Dixon
  996 F.2d 667· 4th Cir.· 1993-07-23 ·via Habeas Corpus Petition
• Wright v. Dallman
  999 F.2d 174· 6th Cir.· 1993-07-20
  The Sixth Amendment right to confront witnesses does not require a trial court to allow cross-examination on speculative inferences of bias, especially when other evidence supports the conviction and the limitation does not render the trial fundamentally unfair.
• Williams v. Whitley
  994 F.2d 226· 5th Cir.· 1993-07-20
• Smith v. Groose
  998 F.2d 1439· 8th Cir.· 1993-07-16 ·via Habeas Corpus Petition
  The court held that the district court did not err in denying the habeas petition because the claims were procedurally barred and the underlying issues lacked merit.
• Bonin v. Vasquez
  999 F.2d 425· 9th Cir.· 1993-07-16 ·via Habeas Corpus Petition
  The court held that there is no constitutional right to effective counsel in state post-conviction or federal habeas corpus proceedings, and therefore, the Public Defender's potential ineffectiveness does not constitute cause to excuse the late filing of claims.
• Noble Lee Simpson v. Ortiz
  995 F.2d 606· 5th Cir.· 1993-07-16 ·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  The court held that the Parole Commission's application of its 1990 guidelines did not violate the ex post facto clause and that the Commission did not violate the separation of powers doctrine by establishing parole suitability guidelines.
• Williams v. Dugger
  827 F. Supp. 1568· S.D. Fla.· 1993-07-15
  The court held that a judge's brief, cordial remark to a victim witness does not violate due process, and that convictions for robbery, assault, and burglary arising from a single incident do not violate the Double Jeopardy Clause if the legislature intended separate punishments
• Lambert N. DePOMPEI v. Ohio Adult Parole Auth.
  999 F.2d 138· 6th Cir.· 1993-07-14
  The court held that a habeas corpus petition's jurisdiction, once attached, is not defeated by the petitioner's release from custody, and potential collateral consequences can prevent a petition from being moot.
• Quinn v. Neal
  998 F.2d 526· 7th Cir.· 1993-07-13
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding abuse petitions and the defendant's ongoing relationship with the witness, as no sufficient nexus was shown to demonstrate bias or motive to lie.
• Childs v. Collins
  995 F.2d 67· 5th Cir.· 1993-07-13 ·via Habeas Corpus Petition
  The court held that a defendant who is informed of his right to appeal and fails to make his desire to appeal known waives that right, and thus cannot claim ineffective assistance of counsel for failure to appeal.
• United States v. Wagner
  999 F.2d 312· 8th Cir.· 1993-07-09 ·via Habeas Corpus Petition
  The court held that 18 U.S.C. § 3583(a) provided authority for imposing supervised release for a conspiracy that extended beyond the statute's effective date, and that supervised release could be reimposed after revocation.
• Powell v. Ducharme
  998 F.2d 710· 9th Cir.· 1993-07-09
  The new parole scheme, by postponing a prisoner's parole hearing, worsens conditions and violates the Ex Post Facto Clause.
• Fetterly v. Paskett
  997 F.2d 1295· 9th Cir.· 1993-07-09
  The court held that the district court abused its discretion in denying a stay of proceedings to allow the petitioner to amend his habeas corpus petition with newly exhausted claims, particularly those related to alleged sentencing errors under state law.
• Miller v. Rowland
  999 F.2d 389· 9th Cir.· 1993-07-08
  The court held that the prisoner's waiver agreement for work credits was void and unenforceable, thus his contract clause and due process claims failed.
• Osborn v. Shillinger
  997 F.2d 1324· 10th Cir.· 1993-07-08
  The court held that the petitioner's guilty plea was voluntary and not coerced, and that the sentences imposed were not vindictive, thus affirming the district court's dismissal of the habeas corpus petition.
• Gibson v. Florida
  21 B.T.A. 1362· S.D. Fla.· 1993-07-06
  The court held that a petitioner seeking to appeal a denial of habeas corpus must obtain a certificate of probable cause, and that the petitioner's claim was procedurally barred due to failure to show cause and prejudice for a state procedural default.
• Edwards v. United States
  1993 WL 262598· M.D. Fla.· 1993-07-06
  The court held that a federal prisoner seeking to challenge the imposition or length of his sentence must first exhaust remedies under 28 U.S.C. § 2255 before seeking habeas corpus relief under 28 U.S.C. § 2241.
• Erick L. Kelly v. Roberts
  998 F.2d 802· 10th Cir.· 1993-07-06 ·via Habeas Corpus Petition
  The dissenting judge believes the majority erred in its interpretation of the evidence regarding the defendant's involvement as an aider and abettor.
• Williams v. Lord
  996 F.2d 1481· 2d Cir.· 1993-07-01 ·via Writ Of Habeas Corpus
  The exclusion of evidence regarding the victim's prior violent acts, of which the defendant had no knowledge, does not violate the constitutional right to present a defense when the evidence has limited probative value and the state has legitimate interests in excluding it.
• Will Washington v. James
  996 F.2d 1442· 2d Cir.· 1993-06-29
  The court held that the habeas petition was barred by procedural default because the argument was not adequately preserved at the trial level.
• Mohamed Abdul Hafiz Eltabech v. Hopkins
  997 F.2d 386· 8th Cir.· 1993-06-28
  The court held that the inmate procedurally defaulted his claim regarding the right to testify and that his ineffective assistance of counsel claims lacked merit.
• Markham Duff-Smith v. Collins
  995 F.2d 545· 5th Cir.· 1993-06-28 ·via Habeas Corpus Petition
  The court denied the motion for a certificate of probable cause and the motion for a stay of execution.
• Garnett R. Leacock v. Henman
  996 F.2d 1069· 10th Cir.· 1993-06-25 ·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  The court held that a pro se litigant's allegations of interference with his right to self-representation, which impacted his ability to present a defense, constitute a challenge to the fact or duration of his confinement, properly brought under habeas corpus statutes, not solely
• Brewer v. Lewis
  997 F.2d 550· 9th Cir.· 1993-06-22 ·via Habeas Corpus Petition
  The court held that the panel erred in refusing to apply Circuit Rule 22-3, which mandates an automatic stay of execution for a first habeas corpus petition in a capital case, and in affirming the dismissal of the petition without an evidentiary hearing on the petitioner's compet
• Brown v. Burns
  996 F.2d 219· 9th Cir.· 1993-06-21
  The court held that the state court's finding that the offense occurred partly off-reservation was supported by the record, and the defendant knowingly and intelligently waived his right to a jury trial.
• Kendrick v. Carlson
  995 F.2d 1440· 8th Cir.· 1993-06-18
  The court held that a federal prisoner is not entitled to credit against a federal sentence for time spent incarcerated by a foreign sovereign for violating that sovereign's laws, even if the conduct is the same, and that a mistake in awarding credit to another prisoner does not
• McKEE v. Crispus C. NIX
  995 F.2d 833· 8th Cir.· 1993-06-14 ·via Habeas Corpus Petition
  The court held that the district court properly denied the habeas corpus petition because the petitioner procedurally defaulted on most claims and the remaining claims lacked merit or were based on state law errors.
• Gilbertson v. Tex. Bd. OF Pardons & Paroles
  993 F.2d 74· 5th Cir.· 1993-06-11 ·via Habeas Corpus Petition
  A Texas prison inmate does not possess a constitutionally protected interest in a tentative parole date and is not entitled to reasons for its denial or revision.
• Russ v. Perrill
  995 F.2d 1001· 10th Cir.· 1993-06-10
  The failure to provide a timely early termination hearing under the Youth Corrections Act does not divest the Parole Commission of jurisdiction to revoke parole for subsequent violations, nor does the decision to return a parole violator to prison constitute an abuse of discretio
• Vernell Carson v. Collins
  993 F.2d 461· 5th Cir.· 1993-06-08 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the admission of a videotaped statement did not violate the Confrontation Clause because the victim testified at trial and was subject to cross-examination, and that the admission of the videotape and witness remarks did not render the trial fundamentally unfa