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

• Foret v. Whitley
  965 F.2d 18· 5th Cir.· 1992-07-09 ·via Habeas Corpus Petition
  The court held that the district court abused its discretion by not addressing the abuse of writ issue before ruling on the merits of the habeas petition.
• Butler v. State
  600 So. 2d 56· Fla. 4th DCA· 1992-07-08 ·via Writ Of Habeas Corpus
  The court held that a motion for post-conviction relief is the appropriate avenue to seek a belated appeal based on ineffective assistance of counsel for failing to file an appeal.
• Mustread v. Gilmore
  966 F.2d 1148· 7th Cir.· 1992-07-08 ·via Habeas Corpus Petition
  The court held that the district court did not err in finding that both the defendant and his attorney were aware of the exculpatory nature of the wife's potential testimony, rendering any Brady violation harmless and the attorney's assistance effective.
• Resnover v. Linley E. Pearson
  965 F.2d 1453· 7th Cir.· 1992-06-25 ·via Habeas Corpus Petition
  The court held that the district court did not err in denying the habeas corpus petition, affirming the denial of an evidentiary hearing and upholding the conviction and sentence.
• Johnson v. Collins
  964 F.2d 1527· 5th Cir.· 1992-06-23
  The court denied Johnson's request for a certificate of probable cause to appeal the denial of his habeas corpus petition.
• Clark v. Smith
  967 F.2d 1329· 9th Cir.· 1992-06-22
  The court held that the INS has statutory authority to detain an alien seeking admission, even during an appeal of an immigration judge's decision, and that the alien's petition for habeas corpus was properly denied.
• Roman-Nose v. NEW Mexico Dep't OF Human Servs.
  967 F.2d 435· 10th Cir.· 1992-06-19
  The court held that the district court had subject matter jurisdiction under the Indian Child Welfare Act, allowing the plaintiff to potentially amend her complaint.
• White v. Keane
  969 F.2d 1381· 2d Cir.· 1992-06-18 ·via Habeas Corpus Petition
  The court held that retrial after a mistrial due to jury deadlock was permissible under the Double Jeopardy Clause, and the sentence imposed was not unconstitutionally harsh or the result of ineffective assistance of counsel.
• Jones v. McCAUGHTRY
  965 F.2d 473· 7th Cir.· 1992-06-15
  The court held that the destruction of a sperm sample, even if potentially useful, does not violate due process unless the defendant can show bad faith by the authorities and that the evidence had apparent exculpatory value and no comparable evidence was available.
• Bush v. Legursky
  966 F.2d 897· 4th Cir.· 1992-06-10
  The court held that the state courts' denial of Bush's habeas petition rested on an adequate and independent state ground, specifically Bush's procedural default in failing to object to the alibi instruction at trial.
• R.W. v. State
  599 So. 2d 286· Fla. 5th DCA· 1992-06-09 ·via Writ Of Habeas Corpus
• Gayle v. Mann
  966 F.2d 81· 2d Cir.· 1992-06-05
  The court held that the district court erred in dismissing the habeas petition as an abuse of the writ without determining if the petitioner was aware of all potentially damaging allegations in his presentence report.
• Baker v. Leapley
  965 F.2d 657· 8th Cir.· 1992-06-02
  The court held that federal courts are bound by a state court's interpretation of state law in habeas proceedings, and thus the district court properly dismissed the petition.
• Zoilo Linares and David Munoz v. Senkowski
  964 F.2d 1295· 2d Cir.· 1992-05-26
  The court held that the claim that a conviction is invalid because the prosecutor was not admitted to the bar constitutes a 'new rule' under Teague v. Lane, and therefore cannot be applied on federal habeas corpus review.
• Williamson v. Parke
  963 F.2d 863· 6th Cir.· 1992-05-07 ·via Habeas Corpus Petition
  The court held that the district court's decision could be reversed using McNeil v. Wisconsin, as Teague v. Lane does not bar its application in this context, or alternatively, by applying existing Sixth Circuit precedent in Boles v. Foltz.
• Fitzgerald v. Armontrout
  963 F.2d 1062· 8th Cir.· 1992-05-05
  The court held that a habeas petitioner is barred from contesting identification testimony resulting from an allegedly unlawful arrest if they had a full and fair opportunity to litigate the issue in state court. The exclusion of defense witnesses did not violate Sixth Amendment
• Williams v. Dahm
  963 F.2d 216· 8th Cir.· 1992-05-01 ·via Habeas Corpus Petition
  The court held that the evidence was sufficient to support the conviction and that the petitioner failed to establish prejudice from counsel's alleged errors.
• Hackney v. Armontrout
  963 F.2d 179· 8th Cir.· 1992-04-28 ·via Habeas Corpus Petition
  The court held that the district court did not err in denying the habeas corpus petition, as the claims of ineffective assistance of counsel and insufficient evidence lacked merit.
• Thomas v. Gunter
  962 F.2d 1477· 10th Cir.· 1992-04-28
  The court held that admitting videotaped depositions of child victims did not violate the appellant's Sixth Amendment right to confrontation, as the procedures met the standards set forth in Maryland v. Craig.
• Greenawalt v. Ricketts
  961 F.2d 1457· 9th Cir.· 1992-04-23 ·via Habeas Corpus Petition
• Moss v. A.L. Lockhart
  971 F.2d 77· 8th Cir.· 1992-04-17 ·via Habeas Corpus Petition
  The court held that the jury instructions did not improperly shift the burden of proof to the defendant and that sufficient evidence supported the conviction.
• Porter v. A.L. Lockhart
  961 F.2d 782· 8th Cir.· 1992-04-13 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court affirmed the dismissal of the habeas petition, finding that the state courts did not err in their conclusions regarding the identification procedures, arrest, and sufficiency of evidence.
• United States v. Mondee Stracener
  959 F.2d 31· 5th Cir.· 1992-04-09 ·via Habeas Corpus Petition
  Resentencing, rather than a new trial, is the proper remedy when a defendant is convicted of multiple overlapping offenses and some convictions are vacated due to flawed jury instructions.
• Rickie Cummings v. Honorable Lawton Chiles
  600 So. 2d 1135· Fla. 1st DCA· 1992-04-08
  The court held that an inmate's right to legal assistance does not require appellees to serve pleadings on a fellow inmate assisting with the appeal.
• Cary R. Ortberg v. Russel Moody
  961 F.2d 135· 9th Cir.· 1992-04-03 ·via Habeas Corpus Petition
  A request for a Certificate of Probable Cause can serve as a notice of appeal, and a nolo contendere plea bars challenges to pre-plea constitutional violations not related to the plea's voluntariness.
• Closs v. Leapley
  959 F.2d 99· 8th Cir.· 1992-03-17 ·via Habeas Corpus Petition
  The district court erred in summarily denying the habeas petition without independently reviewing the state trial court record.
• Seibert v. Dugger
  595 So. 2d 1083· Fla. 1st DCA· 1992-03-17
  Michael Seibert, an inmate, appealed the denial of his petition for writ of mandamus challenging his disciplinary hearing. The court reversed in part, finding that the trial court erred in summarily denying his claim that a correctional officer's presence and participation at his
• Huston v. Denis Dowd
  960 F.2d 718· 8th Cir.· 1992-03-16
  The court held that the prisoner's habeas corpus petition was properly denied as moot because he had received all the relief he requested, including a hearing and release on parole.
• Davis v. State OF Neb.
  958 F.2d 831· 8th Cir.· 1992-03-11
  The court held that the state court's retroactive application of its interpretation of the habitual criminal statute, which combined elements of two prior convictions in an unforeseeable manner, violated the Due Process Clause of the Fourteenth Amendment.
• Sullivan v. A.L. Lockhart
  958 F.2d 823· 8th Cir.· 1992-03-10
  The court affirmed the district court's denial of the habeas corpus petition, finding no error in its rulings on the various claims raised by the appellant.
• Lowe v. Hon. Thomas M. Coker, Jr.
  593 So. 2d 624· Fla. 4th DCA· 1992-02-26
• Fischer v. Powers
  957 F.2d 609· 8th Cir.· 1992-02-26 ·via Application For Writ Of Habeas Corpus
  The admission of a certified laboratory report into evidence, even without the direct testimony of the analyst, does not violate the Sixth Amendment confrontation clause when the state provides a mechanism for the defendant to subpoena the analyst.
• Dulin v. Cook
  957 F.2d 758· 10th Cir.· 1992-02-18 ·via Writ Of Habeas Corpus
  The court held that a prisoner's claim of lack of access to state appellate rules due to incarceration in another state may constitute 'cause' for procedural default, requiring further factual inquiry.
• Matney v. Armontrout
  956 F.2d 824· 8th Cir.· 1992-02-11 ·via Habeas Corpus Petition
  The court held that police deception of an attorney attempting to contact a suspect does not violate the suspect's constitutional rights if the suspect voluntarily waives their rights. It also held that alleged errors by trial counsel did not constitute ineffective assistance of
• Linwood Fields v. Keohane
  954 F.2d 945· 3d Cir.· 1992-01-28 ·via Habeas Corpus Proceedings
  The court held that the District of Columbia Good Time Credits Act, by its terms, applies only to prisoners confined in a District correctional facility, and therefore, prisoners convicted under District law but serving sentences in federal facilities are not entitled to its bene
• Johnson v. Bart Ross
  955 F.2d 178· 2d Cir.· 1992-01-28 ·via Writ Of Habeas Corpus
  Any error in admitting clothing identification was harmless beyond a reasonable doubt, making it unnecessary to decide the constitutional issue of taint.
• Strausser v. State
  592 So. 2d 375· Fla. 3d DCA· 1992-01-28
  Kenneth Strausser appealed the trial court's denial of his motion to correct an illegal sentence following his guilty plea to second-degree murder and armed robbery. Strausser argued that he did not knowingly waive his right to appeal the upward departure sentence and that the la
• Frassetto v. Perrill
  955 F.2d 176· 2d Cir.· 1992-01-28
  The court held that adverse information not previously considered by the Parole Commission qualifies as 'new' under 28 C.F.R. § 2.28(f), justifying a reconsideration hearing.
• Acosta-Huerta v. Estelle
  954 F.2d 581· 9th Cir.· 1992-01-23
  The court held that the petitioner's Sixth Amendment right to confrontation was not violated by the admission of a witness's prior sworn deposition testimony, as the prosecution made a good-faith effort to secure the witness's attendance and she was properly declared unavailable.
• Bell v. Baker
  954 F.2d 400· 6th Cir.· 1992-01-23
  The court held that the Sixth Amendment, as interpreted by the Supreme Court in Holland v. Illinois, does not prohibit the exclusion of cognizable groups from a petit jury through peremptory challenges.
• Stano v. Singletary
  952 F.2d 1273· 11th Cir.· 1992-01-22 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The Eleventh Circuit granted Stano's motion to remand his habeas corpus petition to allow him to amend it with a newly discovered conflict of interest claim regarding his trial counsel, following the Florida Supreme Court's ruling in Herring v. State that such defendants are enti
• Stewart v. Davies
  954 F.2d 515· 8th Cir.· 1992-01-21 ·via Habeas Corpus Petition
  The court held that a prisoner transferred to another state under the Interstate Corrections Compact does not have a constitutional liberty interest in participating in rehabilitative programs or a possibility of parole, nor is such a transfer a violation of due process.
• Hopkinson v. Shillinger
  954 F.2d 609· 10th Cir.· 1992-01-15
  The court affirmed the denial of the second federal habeas corpus petition, finding the petitioner abused the writ and failed to show cause for procedural default.
• Garrett v. Collins
  951 F.2d 57· 5th Cir.· 1992-01-06 ·via Habeas Corpus Petition
  The court held that a prisoner's belief that supernatural intervention will prevent his execution does not render him incompetent to be executed under the Ford v. Wainwright standard.
• Worthen v. Kaiser
  952 F.2d 1266· 10th Cir.· 1992-01-03
  The court held that the petitioner abused the writ by failing to raise new claims in his first federal habeas petition without adequate cause.
• Mendyk v. State
  592 So. 2d 1076· Fla.· 1992-01-02
  Todd Mendyk appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus following his conviction for first-degree murder, kidnapping, and sexual battery, and subsequent death sentence. The Florida Supr
• Thornblad v. Larry Olson, M.D.
  952 F.2d 1037· 8th Cir.· 1992-01-02
  The court held that a rational person could find by clear and convincing evidence that the petitioner was mentally ill and that his continued involuntary commitment was necessary, affirming the dismissal of his habeas corpus petition.
• Nylon Vick v. A.L. Lockhart
  952 F.2d 999· 8th Cir.· 1991-12-26 ·via Habeas Corpus Petition
  The court held that a remand is necessary to determine the timing of Miranda warnings and for an evidentiary hearing on ineffective assistance of counsel claims.
• Hogan v. State OF Iowa
  952 F.2d 224· 8th Cir.· 1991-12-24 ·via Habeas Corpus Petition
  A federal court lacks jurisdiction to entertain a habeas corpus petition if the sentence for the challenged conviction has completely expired, even if that conviction was used to enhance a subsequent sentence.
• Love v. Butler
  952 F.2d 10· 1st Cir.· 1991-12-19 ·via Habeas Corpus Petition
  The court held that the district court properly dismissed the habeas corpus petition because the bail-jumping statute was not unconstitutionally vague as applied, and the petitioner's other claims lacked merit.