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

• Spinelli v. Collins
  992 F.2d 559· 5th Cir.· 1993-06-08
  A defendant's mistaken belief about parole eligibility, not based on promises from the state, attorney, or court, is insufficient to invalidate a guilty plea, even if the state initiated plea negotiations.
• Logan v. A.L. Lockhart
  994 F.2d 1324· 8th Cir.· 1993-06-07 ·via Habeas Corpus Petition
  The court held that the trial court's decision to allow a potentially biased juror was supported by the record and that the exclusion of certain evidence did not violate due process. However, the district court erred in applying the concurrent sentence doctrine to dismiss a habea
• Koetting v. R.G. Thompson
  995 F.2d 37· 5th Cir.· 1993-06-02
  The court held that the petition had an arguable basis in law and should not have been dismissed as legally frivolous, and that the district court's de novo review was presumed to be proper.
• Pemberton v. Collins
  991 F.2d 1218· 5th Cir.· 1993-05-27 ·via Habeas Corpus Petition
  A federal court on habeas review may consider a confession admitted at trial, even if a state appellate court later held it inadmissible under state law, provided its admission did not violate federal constitutional standards.
• United States v. Quillin Porter
  994 F.2d 470· 8th Cir.· 1993-05-27 ·via Habeas Corpus Petition
  The court held that the defendant's statements were not irreconcilably inconsistent to the degree required for a perjury conviction under 18 U.S.C. § 1623(c).
• Hurlburt v. Cunningham
  996 F.2d 1273· 1st Cir.· 1993-05-26 ·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, holding that the increased sentence after retrial was not unconstitutional under North Carolina v. Pearce because the sentencing judge provided sufficient on-the-record, nonvindictive reasons.
• Sneed v. Donahue
  993 F.2d 1239· 6th Cir.· 1993-05-24 ·via Habeas Corpus Petition
  Automatic revocation of parole under Kentucky law upon incarceration for a new crime does not violate the Due Process Clause when the statute mandates revocation and the parole authority has no discretion.
• Wilson v. McCAUGHTRY
  994 F.2d 1228· 7th Cir.· 1993-05-20 ·via Habeas Corpus Petition
  The court held that the petitioner's due process rights were not violated by the sixteen-year delay in indictment, nor by the state trial court's failure to instruct the jury on the lesser included offense of reckless homicide.
• Huntley Ruff v. Armontrout
  993 F.2d 639· 8th Cir.· 1993-05-18
  The court held that the suppressed evidence was not material, thus failing to establish prejudice to overcome the procedural bar for the Brady claim.
• Kelley v. Kaiser
  992 F.2d 1509· 10th Cir.· 1993-05-17 ·via Habeas Corpus Proceedings
  The court held that the Oklahoma court's application of the Edwards requirement, which shifted the burden to the petitioner to show why he would not have been certified as an adult, constituted an inadequate fact-finding procedure, thus the state court's determination was not ent
• Campbell v. Blodgett
  992 F.2d 984· 9th Cir.· 1993-05-07 ·via Habeas Corpus Petition
  The en banc court denied the motion for reconsideration of the order of remand.
• Parnell Seaton v. Jabe
  992 F.2d 79· 6th Cir.· 1993-05-05
  A late removal petition filed in a criminal case without leave of the federal court does not divest the state court of jurisdiction.
• United States v. Jodie Marie Fallon
  992 F.2d 212· 8th Cir.· 1993-05-05
  A successive habeas petition must be dismissed as an abuse of the writ unless the petitioner shows external cause and prejudice or a fundamental miscarriage of justice.
• Nelson v. Hargett
  989 F.2d 847· 5th Cir.· 1993-05-04
  The court held that a guilty plea waives the right to a speedy trial claim, but remanded for an evidentiary hearing on the ineffective assistance of counsel claim due to an insufficient record.
• Ivory L. Haislip v. Attorney Gen., State OF Kan.
  992 F.2d 1085· 10th Cir.· 1993-05-03 ·via Habeas Corpus Petition
  The court held that the denial of the habeas corpus petition was proper because the appellant did not demonstrate ineffective assistance of counsel or a due process violation from the denial of a continuance.
• Willis v. Collins
  989 F.2d 187· 5th Cir.· 1993-04-27 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that a petitioner is not 'in custody' for purposes of federal habeas corpus review under 28 U.S.C. § 2254 when challenging a conviction for which the sentence has been completed and which was not used to enhance the conviction for which the petitioner is currently
• Jackson v. A.L. Lockhart
  992 F.2d 167· 8th Cir.· 1993-04-26 ·via Habeas Corpus Petition
  The dissenting judge believes the petitioner was entitled to a directed verdict under Arkansas law, and the majority's standard for habeas corpus review is incorrect.
• Hendricks v. Zenon
  993 F.2d 664· 9th Cir.· 1993-04-22 ·via Habeas Corpus Petition
  The court held that the Oregon Court of Appeals violated the defendant's Sixth Amendment right to effective assistance of counsel by denying his motion for substitution of counsel and forcing him to proceed pro se without a knowing and intelligent waiver.
• Deutscher v. Harol Whitley
  991 F.2d 605· 9th Cir.· 1993-04-20 ·via Habeas Corpus Petition
  The petitioner's second habeas petition must be denied because he has not shown by clear and convincing evidence that he is actually innocent of the death penalty.
• Marcel Killebrew v. Endicott
  992 F.2d 660· 7th Cir.· 1993-04-16
  The court held that while the admission of Killebrew's statement violated Miranda, the error was harmless beyond a reasonable doubt due to overwhelming other evidence, and his ineffective assistance of counsel claims lacked merit.
• Garcia v. Johnson
  991 F.2d 324· 6th Cir.· 1993-04-15
  The court held that the state court's finding that the petitioner's guilty plea was voluntary and intelligent should be presumed correct, despite language difficulties and temporary contradictions in the plea colloquy.
• Higgins v. Smith
  991 F.2d 440· 8th Cir.· 1993-04-13 ·via Habeas Corpus Petition
  The court held that imposing a sentence greater than permitted by state law constitutes a constitutional violation, potentially allowing for habeas relief.
• Vaughn R. Simpson v. State
  617 So. 2d 749· Fla. 1st DCA· 1993-04-13
  Claims of ineffective assistance of appellate counsel must be raised by petition for writ of habeas corpus in the appellate court that considered the appeal.
• Meador v. Knowles
  990 F.2d 503· 9th Cir.· 1993-04-08
  The court held that the Parole Commission did not err in revoking parole and forfeiting street time, as the applicable circuit law mandated forfeiture and the delay in issuing the warrant was not prejudicial.
• Poyner v. State OF Iowa
  990 F.2d 435· 8th Cir.· 1993-04-08
  The court affirmed the district court's denial of habeas corpus relief, finding most claims procedurally defaulted and the remaining claims without merit.
• White v. Peters
  990 F.2d 338· 7th Cir.· 1993-04-06 ·via Habeas Corpus Petition
  The court affirmed the district court's denial of the habeas petition, finding the petitioner procedurally defaulted his claims and failed to exhaust state remedies.
• Salkil v. Delo
  990 F.2d 386· 8th Cir.· 1993-04-02 ·via Habeas Corpus Petition
  The court held that the use of an undercover cellmate to elicit incriminating statements did not violate the Fifth or Sixth Amendments, and a due process claim regarding witness notice was also denied.
• LEE v. Jabe
  989 F.2d 869· 6th Cir.· 1993-04-02 ·via Habeas Corpus Petition
  A certificate of probable cause is required to appeal a district court's denial of bail pending disposition of a habeas action, and the district court did not abuse its discretion in denying bail in this case.
• Terry v. Rees
  985 F.2d 283· 6th Cir.· 1993-04-01
  The denial of an independent pathologist prior to trial was harmless error because the independent pathologist's report ultimately confirmed the prosecution's findings regarding the cause of death.
• Miller v. Fed. Bureau OF Prisons
  989 F.2d 420· 10th Cir.· 1993-03-30
  The court held that the Parole Commission's correction of a notice regarding street time credit was permissible and did not violate due process, but reversed and remanded the claim regarding the withdrawal of a parole violator warrant without a timely revocation hearing.
• Bovio v. United States
  989 F.2d 255· 7th Cir.· 1993-03-25 ·via Writ Of Habeas Corpus
  The court held that the magistrate judge properly found probable cause to extradite Bovio, that the submitted documents were admissible, and that Bovio's due process rights were not violated.
• Tilley v. Norris McMACKIN
  989 F.2d 222· 6th Cir.· 1993-03-24
  The court held that sufficient circumstantial evidence existed to support the jury's inference that the firearm used in the robbery was operable, satisfying the due process standard for sufficiency of evidence.
• Ramirez v. Turner
  991 F.2d 351· 7th Cir.· 1993-03-23 ·via Habeas Corpus Petition
  The court held that an inmate has a liberty interest in preserving his chance for parole, and that the district court erred in not making a de novo finding on the parole issue and in denying counsel.
• Woods v. Major General JJ. Sheehan
  987 F.2d 1454· 9th Cir.· 1993-03-15 ·via Habeas Corpus Petition
  The court held that the Marine Corps had a basis in fact for denying Corporal Woods' conscientious objector status, and the district court did not err in denying his habeas petition.
• Villarreal v. United States Parole Comm'n
  985 F.2d 835· 5th Cir.· 1993-03-15 ·via Habeas Corpus Petition
  The court held that a parolee must show actual prejudice from delays in parole revocation proceedings to obtain habeas corpus relief, and that the Parole Commission may consider dismissed state charges if there is some evidence to support them.
• Bradford Wedra v. Lefevre
  988 F.2d 334· 2d Cir.· 1993-03-11
  The court held that the district court correctly applied Coleman v. Thompson to deny the habeas petition, finding the petitioner's claims procedurally defaulted under an independent and adequate state procedural rule.
• Lewis v. Alexander
  987 F.2d 392· 6th Cir.· 1993-03-09
  A district court may employ Federal Rule of Civil Procedure 60(b) to permit an appeal outside the time constraints of Federal Rule of Appellate Procedure 4(a)(5) if specific conditions are met.
• Garcia v. United States
  987 F.2d 153· 2d Cir.· 1993-03-08
  Extradition is permissible even if the extraditee has already faced proceedings in the requesting country, provided the treaty allows it.
• United States v. Johnson
  988 F.2d 941· 9th Cir.· 1993-03-04
  The court held that the appellant's motion, though mislabeled as a Rule 35(a) motion, could be treated as a § 2255 petition, but his arguments for vacating his conviction were without merit.
• Theodis Watkins v. Ponte
  987 F.2d 27· 1st Cir.· 1993-03-03
  The court held that the petitioner's new claims were an abuse of the writ because he failed to show cause for not raising them in his prior petition and did not demonstrate a fundamental miscarriage of justice.
• Levine v. Torvik
  986 F.2d 1506· 6th Cir.· 1993-03-01
  The court held that the district court properly issued a conditional writ of habeas corpus and stay, as there was constitutionally insufficient evidence to support the state court's 1988 recommitment of the petitioner.
• Gray v. Hopkins
  986 F.2d 1236· 8th Cir.· 1993-03-01
  The court held that a federal habeas petition containing both exhausted and unexhausted claims must be dismissed without prejudice, even if some claims would be futile to raise in state court.
• Molina v. Omer G. Sewell
  983 F.2d 676· 5th Cir.· 1993-02-22
  The court held that the Immigration Judge's failure to advise the alien of his right to present evidence, coupled with the BIA and district court's reliance on facts not presented to the IJ, constituted prejudicial error requiring vacation of the exclusion order.
• Thompson v. Dixon
  987 F.2d 1038· 4th Cir.· 1993-02-19
  The court held that a jury instruction presuming sanity did not violate due process because it did not relieve the state of its burden to prove intent, distinguishing it from instructions that presume intent from actions.
• Hall v. Superintendent Paul L. DiPAOLO
  986 F.2d 7· 1st Cir.· 1993-02-18 ·via Habeas Corpus Petition
  The court held that a certificate of probable cause should be granted and the dismissal of the habeas petition vacated, remanding for consideration of whether state remedies were exhausted through post-conviction motions.
• Alexander v. Armontrout
  985 F.2d 976· 8th Cir.· 1993-02-16
  The court held that the prosecutor's question did not render the trial unfair, and the defendant failed to show deficient performance or prejudice regarding the alleged failure to introduce medical records.
• Degarmo v. Collins
  984 F.2d 142· 5th Cir.· 1993-02-08 ·via Habeas Corpus Proceedings
  The court held that a stipulation agreeing not to appeal must be enforced as written.
• Cancel v. R.H. Rison
  985 F.2d 404· 8th Cir.· 1993-02-03
  The appellate court affirmed the district court's dismissal, finding the habeas petition moot due to the petitioner's release and a lack of factual support for his claims.
• Palmer v. Estelle
  985 F.2d 456· 9th Cir.· 1993-02-02
  The court held that where the record is ambiguous regarding the trial court's evaluation of a prosecutor's race-neutral explanations for peremptory strikes, a federal court must defer to the state appellate court's factual findings.
• Martsay Bolder v. Delo
  985 F.2d 941· 8th Cir.· 1993-01-26
  The court denied the petition for rehearing and suggestion for rehearing en banc, as well as the emergency motion for stay of execution.