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

• Abdul-Hakeem v. Koehler
  910 F.2d 66· 2d Cir.· 1990-08-01
  The court held that a prisoner's petition seeking a transfer of custody, even if framed as a challenge to conditions of confinement, must be treated as a petition for a writ of habeas corpus if the requested relief would require prison officials to cede custody.
• Guyer v. Beard
  907 F.2d 1424· 3d Cir.· 1990-07-20 ·via Habeas Corpus Petition
  The court held that the district court properly dismissed the inmate's habeas petition because his refusal to sign a limited power of attorney form, necessary for mail delivery and inspection, was contumacious and made adjudication impossible.
• Goodwin v. C.A. Turner
  908 F.2d 1395· 8th Cir.· 1990-07-17
  A prison regulation prohibiting inmates from artificially inseminating their wives is reasonably related to legitimate penological interests, specifically the equal treatment of all inmates and the allocation of limited resources.
• Molaire v. Smith
  743 F. Supp. 839· S.D. Fla.· 1990-07-16 ·via Habeas Corpus Petition
  The court held that the Board of Immigration Appeals abused its discretion by denying the motion to reopen and that the immigration judge violated the petitioner's due process rights.
• Clark v. Duckworth
  906 F.2d 1174· 7th Cir.· 1990-07-13 ·via Habeas Corpus Petition
  The court held that the district court erred by granting habeas relief on a claim not raised by the petitioner, and that the petitioner's Dudley claim was procedurally defaulted. The case is remanded for reconsideration of the petitioner's ineffective assistance of counsel claim.
• Parker v. A.L. Lockhart
  907 F.2d 859· 8th Cir.· 1990-07-12
  The court held that the appellant failed to demonstrate a reasonable probability that the outcome of his trial would have been different had his counsel not stipulated that he fired the weapon, thus failing to meet the prejudice prong of the ineffective assistance of counsel stan
• Edwards v. A.L. Lockhart
  908 F.2d 299· 8th Cir.· 1990-07-10
  The court held that an inmate participating in the 814 work/study release program, which allows release from institutional life into the community, possesses a liberty interest protected by the Due Process Clause and is entitled to due process protections prior to revocation from
• Christian v. Crawford
  907 F.2d 808· 8th Cir.· 1990-07-03
  An attorney appointed under the Criminal Justice Act is not a federal official for purposes of a Bivens action, and a pro se complaint alleging such should be dismissed if it fails to state a claim.
• Adolph Lott v. Lawrence
  564 So. 2d 197· Fla. 3d DCA· 1990-07-03 ·via Writ Of Habeas Corpus
  Petitioner's habeas corpus petition for release based on the state's failure to timely file an information is denied as moot because the state filed the information before the court could grant relief, though the court found the state failed to demonstrate good cause for the dela
• Hamilton v. Jones
  907 F.2d 807· 8th Cir.· 1990-07-03
  The court held that the district court erred in dismissing the habeas corpus petition because the petitioner's case was not yet final when Batson v. Kentucky was decided.
• Isham v. Collins
  905 F.2d 67· 5th Cir.· 1990-06-26 ·via Habeas Corpus Petition
  The court held that the state did not introduce sufficient evidence to support the petitioner's murder conviction beyond a reasonable doubt.
• D.M. v. Korda
  562 So. 2d 407· Fla. 4th DCA· 1990-06-06 ·via Habeas Corpus Petition
  The Fourth District Court of Appeal granted a habeas corpus petition for a detained child, finding that the trial court had violated Florida Statutes § 39.032 by detaining the child in contravention of law, and warned that judicial immunity does not shield judges from prospective
• Wilson v. (Warden) C.E. Jones & The Attorney Gen. of the State of Ala.
  902 F.2d 923· 11th Cir.· 1990-06-05 ·via Habeas Corpus Petition
  The court held that the defendant did not procedurally default his Batson claim in state court because the state's appellate brief argued the merits of the claim, not a procedural bar.
• Dees v. Caspiri
  904 F.2d 452· 8th Cir.· 1990-06-01
  The court held that the defendant's trial counsel's performance was not constitutionally ineffective, despite potential shortcomings, because the defendant failed to demonstrate prejudice. The court affirmed the denial of the habeas corpus petition.
• Rodriquez v. Scully
  905 F.2d 24· 2d Cir.· 1990-05-29 ·via Habeas Corpus Petition
  A district court should not issue a certificate of probable cause unless the petitioner demonstrates both that the petition is not frivolous and that it presents a question deserving of appellate review.
• Joiner v. Henman
  902 F.2d 1251· 7th Cir.· 1990-05-21
  The court held that supplemental parole violator warrants were validly issued and that time served on a state sentence is credited only for reparole guideline purposes, not against the expiration of the federal sentence.
• Jolly v. State
  571 So. 2d 7· Fla. 2d DCA· 1990-05-18
• Brockelbank v. State
  571 So. 2d 9· Fla. 2d DCA· 1990-05-18
  Incarcerated petitioner Brockelbank sought to reopen an appeal from his escape conviction, claiming denial of effective appellate counsel. The court treated his letter as a habeas corpus petition and denied relief, finding no valid appeal to reopen after the motion for postconvic
• R.C. v. Fryer
  561 So. 2d 31· Fla. 4th DCA· 1990-05-16 ·via Writ Of Habeas Corpus
• Weinstein v. United States Parole Comm'n
  902 F.2d 1451· 9th Cir.· 1990-05-11
  The court held that the appellant had exhausted his administrative remedies and that the Parole Commission's decision to reopen his case did not violate 28 C.F.R. § 2.28. However, the court remanded for a determination of whether the decision to go outside guidelines was based on
• Manning v. Crispus NIX
  901 F.2d 671· 8th Cir.· 1990-04-19 ·via Habeas Corpus Petition
  The court held that the denial of funds for an investigator was not reversible error absent evidence of prejudice, and that having a married couple serve on a jury does not per se violate constitutional rights.
• Thompson v. Purkett
  901 F.2d 670· 8th Cir.· 1990-04-18 ·via Habeas Corpus Petition
  The court affirmed the denial of the petition for writ of habeas corpus, finding the appellant failed to meet the standard for ineffective assistance of counsel.
• Risken v. United States
  899 F.2d 728· 8th Cir.· 1990-03-29 ·via Writ Of Habeas Corpus
  The court held that the district court correctly denied the appellant's motions to correct his presentence investigation report and his sentence, as the claims were either not properly raised or had already been rejected on direct appeal.
• Robinson v. United States
  897 F.2d 903· 7th Cir.· 1990-03-20 ·via Habeas Corpus Petition
  The court held that a defendant's decision to make an unsworn statement to the jury during closing arguments, even if it contained incriminating admissions and contradicted his attorney's defense strategy, did not constitute a waiver of his Sixth Amendment right to counsel when h
• Anderson v. United States
  898 F.2d 751· 9th Cir.· 1990-03-19 ·via Habeas Corpus Petition
  The court affirmed the district court's denial of the habeas petition, finding no merit to the petitioner's claims regarding his federal sentence, due process, or custodial status.
• Rayburn Paulk v. Braxton
  562 So. 2d 699· Fla. 1st DCA· 1990-02-26 ·via Writ Of Habeas Corpus
  The court held that incarceration for civil contempt was improper because the arrearage had been reduced to judgment, making incarceration an unavailable remedy, and because the order for incarceration was oral.
• Birr v. Shillinger
  894 F.2d 1160· 10th Cir.· 1990-01-22
  The court held that a federal habeas court must defer to a state court's determination that the state legislature intended cumulative punishments, thus finding no double jeopardy violation.
• Simmons v. Christensen
  894 F.2d 1041· 9th Cir.· 1990-01-18 ·via Habeas Corpus Petition
  The Bureau of Prisons' rejection of a Parole Commission's recommendation to reduce a sentence under 18 U.S.C. § 4205(g) did not violate the prisoner's constitutional rights, and federal courts lack jurisdiction to review such decisions.
• Williams v. A.L. Lockhart
  893 F.2d 191· 8th Cir.· 1990-01-05
  The court held that the district court misread the appellant's state post-conviction relief petition, which did challenge the conviction for which he was incarcerated, thus he had exhausted state remedies.
• Fullan v. Comm'r OF Corr. OF the State OF NEW York & the Justices of the App. Div.
  891 F.2d 1007· 2d Cir.· 1989-12-12
  The dissenting judge holds that the petitioner's custody is not in violation of federal law and that he has not exhausted state remedies, thus federal habeas jurisdiction is improper.
• Allen v. B.J. Bunnell
  891 F.2d 736· 9th Cir.· 1989-12-11
  The court held that the rule established in Carter v. McCarthy, requiring defendants to be informed of mandatory parole terms as a direct consequence of a guilty plea, should not be applied retroactively to pleas entered before Carter was decided.
• Brown v. Dixon
  891 F.2d 490· 4th Cir.· 1989-12-11 ·via Habeas Corpus Petition
  A state may use peremptory challenges to exclude jurors with reservations about the death penalty, and a defense attorney's concessions of guilt and aggravating circumstances during the penalty phase, given the jury's prior guilty verdict, can constitute reasonable advocacy.
• Polsky v. Patton
  890 F.2d 647· 3d Cir.· 1989-11-30
  The court held that the omission of the word 'malice' from jury instructions on murder did not violate due process, as the instructions conveyed the essential elements of the crime and any errors were harmless or in the defendant's favor.
• In the Interest of D.A.T. v. Coler
  552 So. 2d 319· Fla. 2d DCA· 1989-11-17
  A juvenile adjudicated delinquent and committed to the Department of Health and Rehabilitative Services sought mandamus to compel HRS to place him in a commitment program within five days as required by Florida statute. The court granted the petition, holding that HRS must comply
• In the Interest of M.A. v. Coler
  555 So. 2d 1247· Fla. 2d DCA· 1989-11-15
  A juvenile committed to the Department of Health and Rehabilitative Services (HRS) sought mandamus relief to compel HRS to comply with Florida Statute 959.12, which requires placement in a commitment program within five days of commitment. The court granted the petition and order
• In the Interest of T.J.D. v. Coler
  555 So. 2d 1245· Fla. 2d DCA· 1989-11-15
  A juvenile adjudicated delinquent and committed to HRS seeks mandamus relief to compel HRS to place him in a commitment program rather than continuing detention. The court holds that section 959.12, Florida Statutes requires HRS to remove juveniles from detention and place them i
• Liebman v. State of Fla. & Honorable J. Stephen Menton
  555 So. 2d 1242· Fla. 4th DCA· 1989-11-15
  Liebman and Jones sought writs of certiorari and prohibition challenging the constitutionality of hearing officers conducting continued involuntary hospitalization placement hearings. The court upheld the statutory procedure, holding that hearing officers have concurrent jurisdic
• Jacquin v. Stenzil
  886 F.2d 506· 2d Cir.· 1989-09-28
  A state court's finding of procedural default, even if sua sponte, bars federal habeas review unless the petitioner shows cause and prejudice.
• Snethen v. Crispus NIX
  885 F.2d 456· 8th Cir.· 1989-09-15 ·via Habeas Corpus Petition
  The court affirmed the denial of the habeas petition, finding no violation of federal constitutional rights regarding the admission of the psychiatrist's testimony, the inculpatory statements made after requesting counsel, or the sufficiency of evidence for sanity.
• Alton B. Smith v. State OF S.C.
  882 F.2d 895· 4th Cir.· 1989-08-21
  The refusal of appellate counsel to raise a nonfrivolous claim on direct appeal does not constitute cause for a procedural default; such refusal is evaluated under the standard for ineffective assistance of counsel.
• T.J. Hayes v. A.L. Lockhart
  881 F.2d 1451· 8th Cir.· 1989-08-16 ·via Habeas Corpus Petition
  The Eighth Amendment prohibits the state from submitting evidence of a victim's personal qualities to the jury during sentencing.
• Adams v. Dugger
  547 So. 2d 344· Fla. 1st DCA· 1989-08-15
  Two inmates challenged their disciplinary confinement and forfeiture of gain time imposed by the Florida Department of Corrections, arguing the disciplinary rule was unconstitutional, the finding lacked evidentiary support, the hearing procedure was deficient, and a team member w
• Stidum v. Trickey
  881 F.2d 582· 8th Cir.· 1989-08-09
  The court held that the admission of the victim's statements under the excited utterance exception did not violate the Confrontation Clause, and the defendant's counsel's failure to object was not ineffective assistance.
• Singer v. Court OF Common Pleas
  879 F.2d 1203· 3d Cir.· 1989-07-19 ·via Habeas Corpus Petition
  The court held that the warrantless entry into Singer's home was not justified by exigent circumstances, rendering the aggravated assault conviction unconstitutional. It also held that Singer was denied effective assistance of counsel for the simple assault charges.
• Buck v. Herb Maschner
  878 F.2d 344· 10th Cir.· 1989-07-03
  The introduction of evidence from a prior trial where the defendant was acquitted violates the Fifth Amendment's guarantee against double jeopardy, as embodied by the doctrine of collateral estoppel.
• Rossbach v. United States
  878 F.2d 1088· 8th Cir.· 1989-06-29
  The court held that the district court properly denied the appellant's petition for a writ of habeas corpus.
• Salerno v. United States
  878 F.2d 317· 9th Cir.· 1989-06-29 ·via Writ Of Habeas Corpus
  The court held that the appellant did not demonstrate special circumstances justifying bail pending appeal of an extradition certification denial.
• Poynor v. U.S. Parole Comm'n
  878 F.2d 275· 9th Cir.· 1989-06-23 ·via Habeas Corpus Petition
  A petitioner is not entitled to habeas corpus relief for delay in dispositional review of a parole detainer or for delay in a parole revocation hearing unless prejudice is shown.
• Eckman v. Dugger
  545 So. 2d 468· Fla. 4th DCA· 1989-06-21
  The court held that the petitioner failed to demonstrate ineffective assistance of appellate counsel under the Strickland standard.
• Winningham v. C.A. Turner
  878 F.2d 1062· 8th Cir.· 1989-06-21
  A petitioner must demonstrate prejudice from defective notice to obtain habeas relief for parole revocation.