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 court held that the district court correctly dismissed the habeas corpus petition, finding no denial of effective assistance of counsel, a knowing and voluntary guilty plea, and no entitlement to an evidentiary hearing.
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The sentencing judge had the authority to impose a split sentence for armed robbery, consisting of a period of incarceration followed by probation.
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The court held that statements made during a prayer session with a police officer, following a lawful recording of conversations, were voluntary and not a violation of due process, thus denying habeas corpus relief.
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The court held that the defendant's trial counsel's performance was not constitutionally ineffective, as the alleged errors did not meet the required standard for attorney incompetence or prejudice.
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Richard Seccia appealed the denial of his habeas corpus petition, challenging his parole revocation on the grounds that he was not afforded a hearing within ten days of his arrest for a felony committed while on parole, as required by Florida law. The court reversed and remanded,
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Excluding expert testimony on police identification procedures was constitutionally permissible, but excluding evidence and cross-examination regarding a witness's reprimand violated the Confrontation Clause.
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834 F.2d 1431·
8th Cir.·
1987-12-14
The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the record was insufficient to determine if Heffernan's constitutional rights were violated by the denial of continuances.
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835 F.2d 258·
10th Cir.·
1987-12-11
The court held that the validity of plea bargains is a matter of state law, and Oklahoma courts permit them under their constitution, thus the petitioner's claim for federal habeas relief based on a void plea bargain fails.
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The court held that the petitioner had fairly presented his claims to the state courts, satisfying the exhaustion requirement for federal habeas corpus relief.
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A prisoner released early is deemed on parole until 180 days before sentence expiration, not entitled to sentence reduction.
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The court held that the appellant's Sixth Amendment claims are barred by adequate and independent state grounds due to procedural default.
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Petitioner Benarroch sought habeas corpus relief from a contempt of court order confining him to jail for 48 hours. The court granted the petition, finding that the trial court improperly imposed an indirect criminal contempt sentence without following required procedural due pro
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834 F.2d 41·
2d Cir.·
1987-11-19
The court held that the use of a conviction obtained through compelled testimony for impeachment purposes, which deterred the defendant from testifying, constitutes a fundamental constitutional error justifying habeas corpus relief, even if the defendant did not testify.
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Willie Lee Lawyer challenged his denial of pre-trial release in an armed robbery case where the trial judge applied a blanket policy refusing bond in all armed robbery cases regardless of individual circumstances. The Florida appellate court held that judges must exercise individ
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The court held that the petitioner's claims of actual conflict of interest from joint representation, prosecutorial misconduct, and ineffective assistance of counsel did not warrant habeas corpus relief because he failed to demonstrate prejudice or constitutional violations.
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829 F.2d 690·
8th Cir.·
1987-09-29
The court held that a claim of ineffective assistance of appellate counsel is an exception to the exhaustion requirement for federal habeas corpus petitions.
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The court affirmed the dismissal, holding that the petitioner's claims were properly addressed by the district court under 28 U.S.C. § 2255, and that the petitioner failed to demonstrate entitlement to relief on any of his claims.
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828 F.2d 487·
8th Cir.·
1987-09-10
The court held that while the Parole Commission acted without authority in withdrawing an executed parole violator warrant, the appellant was not prejudiced by this action and thus not entitled to habeas corpus relief.
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The court held that the fifty-year sentence imposed on the petitioner was consistent with legislative intent and not constitutionally impermissible, thus denying habeas corpus relief.
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825 F.2d 1501·
11th Cir.·
1987-08-27
The court held that the district court's order remanding the case for reconsideration of asylum was a final, appealable order, and that the agency's denial of asylum was supported by substantial evidence.
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825 F.2d 1400·
9th Cir.·
1987-08-25
The district court lacked jurisdiction to entertain the alien's petition for a writ of habeas corpus because the grounds raised could have been presented in prior judicial proceedings and the prior remedy was not inadequate.
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827 F.2d 313·
8th Cir.·
1987-08-24
The court held that time spent at liberty pending appeal of a sentence reduction order is not considered time 'in custody' and therefore is not credited against the sentence.
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825 F.2d 21·
4th Cir.·
1987-08-03
The Bureau of Prisons must aggregate consecutive sentences imposed pursuant to 18 U.S.C. § 3651 for parole eligibility purposes.
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824 F.2d 154·
2d Cir.·
1987-07-27
The court held that recent Supreme Court decisions did not alter the prior ruling that the jury instructions in Mancuso's felony murder trial were harmless error and did not violate Sandstrom v. Montana.
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In this habeas corpus petition, the Florida court addresses whether a defendant who served federal parole time while a Florida detainer was in effect has completed his Florida sentence. The court holds that federal authorities' erroneous release of the defendant on parole despite
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The court held that the prisoner's attorney in a state habeas proceeding does not need to meet constitutional standards of effectiveness because there is no constitutional right to an appointed attorney in such proceedings.
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The court held that the Supreme Court's decisions in Batson v. Kentucky and McCray v. Abrams could not be applied retroactively to state convictions that had become final before those decisions were announced.
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822 F.2d 240·
2d Cir.·
1987-06-15
The court held that the district court correctly determined the Parole Commission lacked jurisdiction because the first special parole term expired due to the Commission's inaction and the second special parole term was illegally imposed.
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The court held that the district court erred in dismissing the habeas corpus petition without adequate findings on whether the prison disciplinary committee provided sufficient written reasons and evidence relied upon, as required by due process.
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The court held that the jury was not misled regarding its advisory role in sentencing and that certain claims regarding a prior conviction were procedurally barred.
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817 F.2d 1315·
8th Cir.·
1987-05-05
The court held that a prisoner forfeits good time credits earned during a regular term upon parole revocation and that the Parole Commission's rescission of reparole was lawful.
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506 So. 2d 474·
Fla. 1st DCA·
1987-04-30
Willie Gibson appealed the denial of his habeas corpus petition challenging his parole revocation by the Florida Parole and Probation Commission. Although the trial court erred by denying the petition before Gibson could file his authorized reply brief, the appellate court affirm
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507 So. 2d 660·
Fla. 4th DCA·
1987-04-29
The court held that a petition for writ of habeas corpus should be granted because appellate counsel was ineffective for failing to raise the issue of the trial court's error in refusing to sequester the jury during deliberations.
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816 F.2d 939·
4th Cir.·
1987-04-13
The court held that the magistrate erred in granting the writ of habeas corpus because the defendant's counsel's actions, including advising the defendant to testify and not moving to strike the prosecution's case, constituted a reasonable trial strategy and therefore were not co
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The court held that a district court cannot rule on a habeas petition without a complete record, including transcripts of evidentiary hearings.
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The court held that the appellant's habeas corpus claim is procedurally barred due to his failure to raise objections or seek continuances in state court.
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The court reversed and remanded the case based on controlling precedent.
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814 F.2d 528·
8th Cir.·
1987-03-23
The court affirmed the denial of the habeas corpus petition, agreeing with the district court's reasoning on both the Brady and ineffective assistance of counsel claims.
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813 F.2d 633·
3d Cir.·
1987-03-16
The court held that the Immigration Reform and Control Act of 1986 (IRCA) did not automatically change the appellant's status from parolee to entrant, and therefore did not deprive the INS of authority to detain him.
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505 So. 2d 409·
Fla.·
1987-02-26
The court held that the defendant's allegations of ineffective assistance of counsel and incompetency were legally insufficient to warrant post-conviction relief.
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810 F.2d 1103·
11th Cir.·
1987-02-24
The court held that a technical error in informing a defendant about the minimum and maximum special parole terms is harmless if the defendant cannot demonstrate prejudice, especially when the defendant was motivated to plead guilty by the expectation of conviction at trial.
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504 So. 2d 429·
Fla. 1st DCA·
1987-02-23
Appellant Larry McFarland challenges his arrest on an Arizona extradition warrant for sexual abuse of a minor, arguing procedural defects in the state's presentation of evidence at his habeas corpus hearing. The court affirms the denial of habeas relief, holding that the state's
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504 So. 2d 20·
Fla. 2d DCA·
1987-02-18
Michael Silvers appealed the denial of his petition for writ of habeas corpus challenging his extradition to Texas. The court affirmed the trial court's denial, finding that Silvers' absence from the habeas corpus hearing did not prejudice him since he did not challenge the trial
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502 So. 2d 492·
Fla. 1st DCA·
1987-02-11
Edward James Thomas petitioned for habeas corpus relief alleging his appellate counsel provided ineffective assistance by failing to raise three issues on appeal: jury observation of him in prison garb, a judge's ex parte communication with a state witness, and failure to challen
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651 F. Supp. 1177·
S.D. Fla.·
1987-01-14
A fugitive from justice is disentitled from pursuing post-conviction relief, and the court vacates its prior order granting such relief, reinstating the guilty plea and sentence.
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The Court held that the bribery indictments were fundamentally defective because they failed to allege an essential element of the offense under the current statute, thus depriving the convicting court of jurisdiction.
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808 F.2d 686·
8th Cir.·
1987-01-08
The court held that a parolee denied the right to cross-examine an adverse witness must demonstrate prejudice to warrant relief beyond expenses and attorney's fees.
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808 F.2d 637·
7th Cir.·
1986-12-29
A parolee's desire to move to a different residence is not protected by the Due Process Clause as it does not implicate a liberty or property interest.