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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955 F.2d 631·
10th Cir.·
1991-12-17
A parolee is not entitled to an immediate revocation hearing or due process safeguards when a detainer warrant has been issued but not executed, especially when the parolee is incarcerated for a subsequent offense.
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The court held that a jury instruction creating a permissive inference of malice aforethought, even with potentially problematic language, did not violate due process because it did not impermissibly shift the burden of proof and any error was harmless beyond a reasonable doubt.
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950 F.2d 437·
7th Cir.·
1991-12-06
The court held that the exclusion of the DNR witness testimony did not violate the defendant's Sixth Amendment right to present a defense, and his claims of ineffective assistance of counsel were also without merit.
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590 So. 2d 502·
Fla. 1st DCA·
1991-12-03
Kearse appeals the summary denial of a habeas corpus petition seeking release pending appeal of his drug conviction. He contends his appointed counsel delayed prosecuting his appeal, violating his constitutional right to effective appellate assistance. The court reverses, finding
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The dissenting judge argues that the Supreme Court's decision in Edwards established a clear, bright-line rule that once a suspect invokes their right to counsel, any subsequent waiver must be initiated by the suspect, and this rule was not altered by later cases like Solem.
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950 F.2d 1236·
6th Cir.·
1991-11-22
The court should not allow the state another opportunity to justify the mistrial order, as the record lacks manifest necessity and the trial court did not exercise sound discretion.
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The court denied the request for a stay of execution and a certificate of probable cause, finding no colorable claims for federal habeas relief.
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The court affirmed the dismissal of the habeas corpus petition, finding the competency claim without merit even if preserved.
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947 F.2d 869·
8th Cir.·
1991-10-25
A state prisoner must exhaust state remedies before seeking federal habeas relief for an out-of-state detainer, but such dismissal should be without prejudice.
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778 F. Supp. 523·
S.D. Fla.·
1991-10-24
The court held that a federal court should not intervene in a state civil contempt matter that is actively pending before the state court, especially when the state court is best positioned to assess the evidence and credibility of the contemnor.
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946 F.2d 1502·
10th Cir.·
1991-10-16
The court held that the admission of an unavailable witness's out-of-court statement did not violate the Confrontation Clause because the statement was reliable and fell within the statement-against-interest exception to hearsay.
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The court held that federal habeas courts are not bound by state habeas trial court findings if not adopted by the final state decisionmaker and are inconsistent with it.
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The court held that the prosecutor's conduct, while reprehensible, was not intended to provoke the defendant into moving for a mistrial, thus double jeopardy does not bar retrial.
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The court held that the petitioner failed to establish a prima facie case of discriminatory jury selection under Batson v. Kentucky due to an insufficient record and lack of a timely, cognizable objection.
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The court held that the retroactive application of Louisiana's amended statute allowing sentencing on habitual offender bills after an appeal order did not constitute an ex post facto violation.
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The court held that although counsel was deficient in failing to file a motion to arrest judgment, the petitioner could not show prejudice because his guilty pleas were voluntary and he would not have succeeded on appeal.
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The court held that the district court erred in sua sponte dismissing the habeas petition for failure to exhaust state remedies, as it was not clear from the face of the petition that state remedies were unexhausted.
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944 F.2d 461·
8th Cir.·
1991-09-20
The court held that the district court should have accepted the state's waiver of the exhaustion of remedies defense, even though the petitioner had not filed a state habeas petition under Rule 91.
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The court held that the petitioner failed to raise a genuine issue of fact regarding the sentencing judge's knowledge of sentencing discretion, thus an evidentiary hearing was not required.
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The court held that the dismissal of Mayfield's actions and the imposition of sanctions were proper because he attempted to circumvent prior court orders by filing frivolous suits in an improper venue.
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The court held that a retrial after a mistrial declared due to jury bias and deadlock is permissible under the manifest necessity doctrine, even if the defendant did not explicitly consent to the mistrial. The court also held that the mention of polygraph evidence did not render
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The court held that the evidence was sufficient to support the conviction and that the admission of the defendant's notes did not violate due process.
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943 F.2d 230·
2d Cir.·
1991-08-29
A federal court should not grant a writ of habeas corpus to a state prisoner claiming immunity from prosecution as a federal agent when there are disputed facts regarding the authorization and necessity of the acts, and no peculiar urgency or evidence of state interference with f
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Extradition is permissible even if the accused was not physically present in the demanding state when the crime was committed, provided the acts intentionally resulted in a crime there.
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942 F.2d 515·
8th Cir.·
1991-08-20
The court held that the appellant's notice of appeal was untimely because it was filed more than 30 days after the entry of final judgment, and the district court lacked jurisdiction to grant an extension without proper notice and showing of excusable neglect.
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942 F.2d 508·
8th Cir.·
1991-08-19
The district court erred in granting the writ of habeas corpus because the petitioner failed to fairly present his claim to the state courts, and he could not demonstrate sufficient cause and prejudice to excuse this failure.
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942 F.2d 493·
8th Cir.·
1991-08-15
The court held that the petitioner's second conviction for capital felony murder was not barred by double jeopardy and that the Arkansas capital felony murder and first-degree felony murder statutes are not unconstitutionally vague.
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The court held that trial counsel's strategic decisions and failure to interview certain witnesses did not constitute ineffective assistance of counsel under the Strickland standard.
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770 F. Supp. 627·
M.D. Fla.·
1991-07-31
The court held that the petition for writ of habeas corpus and injunctive relief must be denied because there was no violation of Jamaican law or the Extradition Treaty, and deference is owed to the Executive Branch's determination regarding the return of the individual.
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584 So. 2d 600·
Fla. 2d DCA·
1991-07-31
The Florida Department of Health and Rehabilitative Services appeals an order unsealing adoption records to disclose the adoptive parents' names to the child's natural mother. The court reverses and remands, holding that the trial court failed to conduct a full evidentiary hearin
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The court held that Wisconsin has jurisdiction to enforce its traffic laws against an enrolled tribal member on his reservation because the offense is criminal and prohibitory, not merely regulatory, under Public Law 280.
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938 F.2d 1449·
1st Cir.·
1991-07-18
The court held that the military's dismissal of a conscientious objector claim based on suspicion and speculation, rather than evidence of insincerity, was improper.
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The court affirmed the denial of the habeas corpus petition, finding no merit in the appellant's claims.
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938 F.2d 106·
8th Cir.·
1991-07-05
The court held that defects in post-conviction proceedings do not raise constitutional questions cognizable in habeas corpus, and that the petitioner failed to demonstrate ineffective assistance of counsel or prejudice from alleged errors regarding his guilty plea.
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The court held that the petitioner's claims of ineffective assistance of counsel and violations of his rights of silence and counsel due to psychiatric examinations were without merit, and thus affirmed the denial of his habeas corpus petition.
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936 F.2d 681·
2d Cir.·
1991-06-17
The admission of a post-arrest statement, even if obtained in violation of the Sixth Amendment right to counsel, can constitute harmless error if there is no reasonable possibility that it contributed to the conviction.
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The court held that the time spent in federal prison under a state detainer does not count towards the speedy trial period, and denial of motions for a new trial and an investigator did not violate constitutional rights.
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934 F.2d 52·
4th Cir.·
1991-05-28
A prisoner serving consecutive sentences is considered 'in custody' for purposes of federal habeas corpus challenge against any of those sentences, even if the sentence for the challenged conviction has technically expired.
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933 F.2d 101·
1st Cir.·
1991-05-22
A state court's decision on whether to apply a new rule retroactively on collateral review does not raise a federal constitutional issue, even if the new rule was based on federal constitutional principles.
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579 So. 2d 397·
Fla. 3d DCA·
1991-05-21
The court denied a petition for a writ of habeas corpus, holding that appellate counsel was not ineffective for failing to raise the issue of a jury instruction on second-degree murder in a first-degree murder case where the death penalty was waived. The court clarified that the
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580 So. 2d 282·
Fla. 3d DCA·
1991-05-17
A juvenile petitioner challenges his ten-day commitment to a detention center for contempt of court, arguing that Florida's detention statutes prohibit using secure detention as a punishment sanction. The appellate court upholds the commitment, holding that contempt sanctions are
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932 F.2d 676·
7th Cir.·
1991-05-16
A trial court's decision to instruct the jury not to draw adverse inferences from a defendant's failure to testify, even over the defendant's objection, does not violate the Fifth Amendment or the Due Process Clause.
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Salvador Mustelier seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise the omission of a jury instruction on second degree murder as a lesser included offense in his first degree felony murder conviction. The court holds that such an ins
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The court held that the district court erred by failing to determine if exculpatory evidence existed and by not conducting an in camera review of the entire investigatory file. The court also clarified that failing to use a staff representative does not waive an inmate's right to
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932 F.2d 1038·
2d Cir.·
1991-05-09
The court held that the prosecution's failure to disclose the identity or whereabouts of a confidential informant violated the defendant's due process rights, as the informant's testimony was material to the defendant's entrapment defense.
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The court held that even if the Jefferson County juvenile statute was unconstitutional, the appellant suffered no prejudice and his prior convictions were validly used for sentence enhancement.
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932 F.2d 713·
8th Cir.·
1991-05-03
The court held that a defendant's claim of ineffective assistance of counsel for failing to timely file a motion for a new trial fails if the defendant initially did not wish to appeal, and that a claim of attorney's failure to investigate competency is rejected if the state cour
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931 F.2d 214·
2d Cir.·
1991-04-30
The court held that the petitioner failed to demonstrate cause for his procedural default in failing to object to the admission of his co-defendant's statement at trial, and therefore, habeas relief was improperly granted.