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
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The failure to hold a hearing to determine jury bias after an unauthorized communication from a defendant's relative to the entire jury constitutes an abuse of discretion and warrants habeas corpus relief.
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984 F.2d 232·
8th Cir.·
1993-01-15
The court held that a death-qualified jury does not violate constitutional rights, and cumulative error is not grounds for federal habeas relief.
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The court held that Parton is entitled to parole credit for time incarcerated after his presumptive parole eligibility date, and to parole discharge consideration.
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The court held that an ineffective assistance of counsel claim cannot be based on speculation about hypothetical actions or agreements regarding inadmissible evidence.
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983 F.2d 872·
8th Cir.·
1993-01-08
The court held that state laws requiring corroboration of accomplice testimony do not raise constitutional issues for federal habeas review, and that the evidence was sufficient to meet federal constitutional standards for guilt beyond a reasonable doubt.
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The court held that the habeas petitioner's incriminating statements were voluntarily made and not obtained in violation of Miranda, as she was not in custody during the interviews.
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The court held that an affidavit from a witness in Colombia, without the witness appearing for cross-examination, is insufficient to justify a hearing on a motion to reconsider a habeas corpus petition, even if it alleges prosecutorial intimidation.
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983 F.2d 12·
2d Cir.·
1993-01-04
Federal habeas review of state prisoner's claims is barred if the state court decision rests on independent and adequate state procedural grounds, unless the prisoner demonstrates cause and prejudice or a fundamental miscarriage of justice.
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982 F.2d 361·
9th Cir.·
1992-12-23
The court held that the rule announced in Carter v. Kentucky, requiring a 'no inference' instruction when requested, is a new constitutional rule that does not apply retroactively on collateral review to cases that became final before Carter was decided.
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The dissenting judge argues that the case should not be remanded because the evidence of prejudice is overwhelming and the merits of the claim are clear, making the conviction fatally flawed.
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A federal prisoner is not entitled to credit for time spent in state custody against a federal sentence unless the federal sentence explicitly commenced upon receipt in state custody awaiting federal transfer.
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981 F.2d 97·
3d Cir.·
1992-12-01
The court held that the district court erred by precluding the Parole Commission from considering new evidence when reconsidering a parole eligibility date, as agencies are not permanently bound by initial judicial review if new evidence emerges.
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980 F.2d 1162·
8th Cir.·
1992-12-01
The court held that the petitioner failed to demonstrate constitutionally ineffective assistance of counsel regarding the introduction of evidence about a key, and thus the grant of habeas relief was improper.
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The court affirmed the denial of habeas corpus relief, finding that the petitioner procedurally defaulted his claim regarding a prior conviction used for sentence enhancement and failed to demonstrate cause and prejudice or actual innocence.
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979 F.2d 1323·
8th Cir.·
1992-11-18
The court held that applying the 1986 amended Minnesota Sentencing Guidelines to calculate a criminal history score, which included a prior felony conviction discharged more than five but less than fifteen years prior, did not violate the ex post facto clause because the amended
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The court should not deny federal courts the opportunity to hear constitutional errors in habeas proceedings.
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The court held that the trial court's error in barring a witness for violating a sequestration order was harmless beyond a reasonable doubt, and that the petitioner's other claims of constitutional error and ineffective assistance of counsel lacked merit.
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978 F.2d 1073·
8th Cir.·
1992-11-04
The court affirmed the denial of the habeas petition, finding no constitutional violation regarding ex parte jury communications, state suppression of evidence, or ineffective assistance of counsel.
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978 F.2d 1183·
10th Cir.·
1992-11-02
A voluntary and intelligent guilty plea waives non-jurisdictional defenses, including challenges to the scheduling of a controlled substance.
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When a prisoner has concurrent sentences of equal length, one for a sexual offense and another for a different felony committed between July 1, 1979, and July 1, 1985, parole is discretionary, not mandatory.
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606 So. 2d 767·
Fla. 4th DCA·
1992-10-28
Florida appellate court granted permission to file a belated appeal from a rule 3.850 motion denial because the underlying order failed to include the required thirty-day appeal notice.
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977 F.2d 508·
10th Cir.·
1992-10-09
The court held that the petitioner failed to establish an equal protection claim because she did not present evidence of the 'battered woman syndrome' as a discrete group at trial. The court also affirmed the denial of habeas corpus on due process grounds, finding that federal co
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An attorney's failure to advise an alien client that deportation may result from a guilty plea does not constitute ineffective assistance of counsel.
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The court held that Petitioner's application for a certificate of probable cause was the functional equivalent of a timely notice of appeal, thus conferring jurisdiction.
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605 So. 2d 551·
Fla. 5th DCA·
1992-09-21
A child detained for contempt of court must be released via habeas corpus because Florida law prohibits incarcerating juveniles for contempt under Chapter 39, despite the court's disapproval of the result.
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977 F.2d 396·
8th Cir.·
1992-09-18
The court held that the appellant's claims were procedurally defaulted and barred from federal review, and that Missouri retained criminal jurisdiction over the national forest where the crime occurred.
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975 F.2d 67·
2d Cir.·
1992-09-16
The Second Circuit held that a state prisoner cannot obtain federal habeas corpus relief on a Fourth Amendment claim if the state provided an opportunity for full and fair litigation, even if the prisoner disagrees with the state court's outcome.
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The dissenting judges believe the majority improperly disregarded the trial court's findings regarding newly discovered evidence and its potential impact on the petitioner's trial outcome.
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The dissenting judge argues that the defendant received ineffective assistance of counsel due to his attorney's failure to investigate, object to, or suppress a prejudicial videotaped confession, and therefore warrants a new penalty phase hearing or sentence reduction.
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The court held that the petitioner failed to demonstrate that his counsel's representation fell below an objective standard of reasonableness or that any alleged errors prejudiced the outcome of his trial.
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West Virginia's system of discretionary appeals and unguided jury recommendations for mercy do not violate due process.
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974 F.2d 1132·
9th Cir.·
1992-09-08
The court held that the Board of Prison Terms had 'some evidence' to support the rescission of the appellant's parole date, satisfying due process requirements.
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973 F.2d 684·
8th Cir.·
1992-08-31
The court held that a state law corroboration requirement is not cognizable on federal habeas review, and that sufficient evidence supported the conviction and the denial of a new trial motion.
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The court held that the jury instruction claim based on the state's burden of proof was not federally cognizable, but the claim that the instructions misled the jury on murder versus manslaughter was potentially a federal due process issue. The court also found the ex parte commu
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973 F.2d 167·
2d Cir.·
1992-08-28
The court held that while a nine-year delay in an appeal does not per se entitle a defendant to relief, the circumstances warrant a conditional writ of habeas corpus to allow the filing of a pro se brief and reconsideration of the appeal.
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973 F.2d 680·
8th Cir.·
1992-08-28
The court held that the appellant's claims were procedurally barred and affirmed the district court's dismissal.
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973 F.2d 625·
8th Cir.·
1992-08-21
The court held that the district court did not err in denying Bruns' petition for a writ of habeas corpus, affirming the denial of relief on claims of double jeopardy and ineffective assistance of counsel.
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The court held that the Mississippi Supreme Court's procedural bars were not strictly or regularly followed, allowing federal habeas review of the 'especially heinous' aggravating circumstance claim. The death sentence was unconstitutional due to the improper use of this circumst
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The court held that time spent on highly restricted house arrest is not creditable as jail time for sentence credit purposes.
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972 F.2d 967·
8th Cir.·
1992-08-14
The court held that a 95-day delay in trial, caused by defense counsel's request for a continuance, did not violate the Sixth Amendment speedy trial right, and the trial court's response to a jury question, though procedurally flawed, did not render the trial fundamentally unfair
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973 F.2d 521·
7th Cir.·
1992-08-11
The court held that the state's failure to resentence a prisoner under a more favorable intervening statute, when that statute provided for retroactive application, violated the prisoner's due process rights.
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971 F.2d 1408·
9th Cir.·
1992-08-04
The court held that a district court's grant of a writ of habeas corpus, vacating a conviction and allowing the state to retry the petitioner, constitutes a final and appealable judgment, even if sentencing issues remain unresolved.
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972 F.2d 210·
8th Cir.·
1992-08-04
The court denied the motion to vacate the stay of execution, finding that the district court properly granted the stay to consider unusual constitutional issues raised in Otey's habeas corpus petition.
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970 F.2d 1539·
6th Cir.·
1992-07-29
The majority opinion condoned trying a defendant on charges not made in the indictment, which is a violation of federal constitutional law.
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The court held that the district court erred in ordering the respondents to pay the petitioner's costs and fees in the habeas corpus proceeding, as there was no statutory authority or justification for such an order.
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The court held that a defendant may voluntarily plead guilty even if unwilling to admit guilt, provided the plea is knowing and intelligent and there is a strong factual basis for the plea.
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The court held that the defendant's procedural defaults barred his habeas petition, as he failed to establish cause or prejudice for not raising his claims earlier, and his Paperwork Reduction Act claim failed on its merits.
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969 F.2d 363·
7th Cir.·
1992-07-22
A prisoner's claim challenging a prior conviction used for sentence enhancement is barred by procedural default if the default resulted from the prisoner's own lack of diligence in pursuing post-conviction remedies.
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The court held that the petitioner failed to exhaust state remedies and the futility exception did not apply, affirming the dismissal of his federal habeas corpus petition.
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A voluntary and intelligent guilty plea waives non-jurisdictional defects, including speedy trial claims, and a defendant must fairly present federal claims to state courts before raising them in federal habeas corpus. Ineffective assistance of counsel claims require showing coun