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

• Miller v. Solem
  807 F.2d 747· 8th Cir.· 1986-12-23 ·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's denial of the habeas corpus petition, finding no clear error in the factual findings or legal errors.
• Glatz v. Kort
  807 F.2d 1514· 10th Cir.· 1986-12-15
  The court held that Colorado's criminal commitment and release procedures for individuals found not guilty by reason of insanity do not violate the Due Process or Equal Protection Clauses of the Fourteenth Amendment.
• Country v. Foster
  806 F.2d 182· 8th Cir.· 1986-11-26
  A voluntary and intelligent plea entered under the law applicable at the time is not rendered invalid by subsequent changes in case law regarding the admissibility of evidence.
• Wright v. State
  497 So. 2d 1313· Fla. 1st DCA· 1986-11-20
  Wright, arrested as a fugitive pursuant to an extradition warrant from Texas, petitioned for habeas corpus challenging his identity as the person named in the warrant. The court held that identical names constitute prima facie evidence of identity in extradition cases, and Wright
• ELK v. Solem
  804 F.2d 496· 8th Cir.· 1986-11-05 ·via Habeas Corpus Petition
  The court held that the appellant failed to demonstrate actual prejudice from his trial counsel's alleged errors, thus affirming the denial of his habeas corpus petition.
• Doby v. S.C. Dep't OF Corr.
  802 F.2d 718· 4th Cir.· 1986-10-02 ·via Habeas Corpus Petition
  The court held that the state court's post-trial suppression hearing, determining the voluntariness of the confession without considering its truth, complied with the prior mandate and did not require a new trial.
• Atwell v. Blackburn
  800 F.2d 502· 5th Cir.· 1986-09-26 ·via Habeas Corpus Petition
  The court held that the petitioner failed to demonstrate a constitutional violation regarding the grand jury's fair cross-section or due process claims, affirming the denial of his habeas corpus petition.
• Middleton v. Louie L. Wainwright
  495 So. 2d 748· Fla.· 1986-09-25
  Middleton, a death row inmate, petitioned for habeas corpus relief arguing his trial was unfair because the jury selection process for capital cases produces prosecution-biased juries. The Florida Supreme Court denied relief, finding no trial error and that appellate counsel was
• Ammirato v. Hanberry
  797 F.2d 961· 11th Cir.· 1986-08-26
  The court held that the Parole Commission's decision to elevate the offense severity and set a release date beyond the guidelines did not violate due process, as the reasoning was based on aggravating factors beyond the mere number of offenses.
• Gilmore v. Marks
  799 F.2d 51· 3d Cir.· 1986-08-22
  A state court's determination that a Fourth Amendment violation was harmless error is not reviewable on federal habeas corpus, as it is inseparable from the underlying Fourth Amendment claim and barred by Stone v. Powell.
• Williams v. A.L. Lockhart
  797 F.2d 344· 8th Cir.· 1986-08-05 ·via Habeas Corpus Petition
  The court held that a juror's voir dire statements did not demonstrate bias and a prosecutor's rebuttal argument did not improperly comment on the defendant's failure to testify.
• Grice v. Mattox
  797 F.2d 686· 8th Cir.· 1986-07-31
  The court held that it lacks federal habeas corpus jurisdiction because the petitioner has been released from custody and the district court has no jurisdiction over his current custodian.
• Wiman v. A.L. Lockhart
  797 F.2d 666· 8th Cir.· 1986-07-28
  The court held that a double jeopardy claim is procedurally defaulted and without merit when the convictions are for separate offenses, thus affirming the dismissal of the habeas corpus petition.
• Rodrigo Rodrigues v. Gudeman
  794 F.2d 1458· 9th Cir.· 1986-07-24 ·via Habeas Corpus Petition
  The court held that jeopardy had not attached because the defendant was not put to trial before the trier of facts, thus a retrial is not barred by the double jeopardy clause.
• Olaniyan v. Dist. Dir.
  796 F.2d 373· 10th Cir.· 1986-07-22 ·via Habeas Corpus Proceedings
  The court held that it lacked jurisdiction to review the district director's denial of employment authorization because it involved factual issues requiring initial district court review, but affirmed the deportation order which was factually supported.
• Ciccarelli v. Wainwright
  490 So. 2d 1379· Fla. 4th DCA· 1986-07-16 ·via Writ Of Habeas Corpus
  The court held that ineffective assistance of appellate counsel warrants granting a petition for writ of habeas corpus to allow a belated appeal.
• Getter v. Louie L. Wainwright
  490 So. 2d 177· Fla. 5th DCA· 1986-06-19 ·via Writ Of Habeas Corpus
  Petitioner's habeas corpus petition alleging ineffective assistance of counsel for failing to properly advise him of his appeal rights states a prima facie claim, warranting appointment of a commissioner to conduct an evidentiary hearing.
• Bruce v. Carson
  489 So. 2d 1234· Fla. 1st DCA· 1986-06-13 ·via Habeas Corpus Proceedings
• Renzi v. Warden, U.S. Penitentiary, Terre Haute, IND., & Attorney Gen., State of Conn.
  792 F.2d 311· 2d Cir.· 1986-06-09
  The court held that the petitioner's guilty plea to second-degree murder was valid, despite claims of inadequate advisement of rights and factual basis.
• Williams v. O'Brien
  792 F.2d 986· 10th Cir.· 1986-06-06
  The court denied the appellant's motion for leave to proceed in forma pauperis on appeal.
• Parnell Johnson v. Louie L. Wainwright
  489 So. 2d 1166· Fla. 1st DCA· 1986-05-22 ·via Writ Of Habeas Corpus
  The court affirmed the trial court's denial of the post-conviction relief motion, finding no ineffective assistance of counsel.
• Brown v. Louie L. Wainwright
  489 So. 2d 718· Fla.· 1986-05-19
  The court granted the petition for writ of mandamus, directing the commission to immediately establish an effective parole release date for the petitioner.
• Titus E. Aaron v. Pepperas
  790 F.2d 1358· 9th Cir.· 1986-05-16
  The appeal is dismissed for lack of jurisdiction because the case is moot, as the appellant has served his sentence and demonstrated no actual harm from the contested sentence.
• Roman v. Abrams
  790 F.2d 244· 2d Cir.· 1986-05-09 ·via Writ Of Habeas Corpus
  A prisoner seeking to cross-appeal from the denial of other claims in a habeas corpus petition, after the state appeals the granting of the writ on specified grounds, requires a certificate of probable cause.
• Shroma H. Lang v. Callahan
  788 F.2d 1416· 9th Cir.· 1986-05-08 ·via Habeas Corpus Petition
  The court held that defense counsel's stipulation to the admissibility of a victim's statement was a reasonable strategic decision and did not constitute ineffective assistance, and that the sentencing judge's remarks, while ill-considered, did not demonstrate racial prejudice vi
• Surace v. Wainwright
  1986 U.S. Dist. LEXIS 25988· S.D. Fla.· 1986-05-01
  The court held that the petitioner's claims regarding jury instructions, confession voluntariness, prosecutorial misconduct, and double jeopardy did not rise to the level of constitutional error warranting habeas relief.
• In re the Extradition OF Walter Dixon
  487 So. 2d 1195· Fla. 2d DCA· 1986-04-30 ·via Writ Of Habeas Corpus
  The Florida District Court of Appeal reversed the denial of a habeas corpus petition, holding that an extradition warrant mischaracterizing the appellant as a "fugitive from justice" was defective. The court found that the warrant failed to reflect the governor's discretionary po
• Powell v. Bordenkircher
  789 F.2d 425· 6th Cir.· 1986-04-29
  The court held that appointing a city attorney to represent an indigent criminal defendant does not automatically create a conflict of interest or prejudice, absent a showing of actual conflict adversely affecting performance.
• Notaro v. Luther
  800 F.2d 290· 2d Cir.· 1986-04-15
  The court held that the Parole Commission did not abuse its discretion in applying an unpublished training aid and that the submission of the presentence report was proper.
• Rogers L. Bryant v. State
  486 So. 2d 680· Fla. 1st DCA· 1986-04-10 ·via Writ Of Habeas Corpus
• Stevens v. Armontrout
  787 F.2d 1262· 8th Cir.· 1986-04-10 ·via Habeas Corpus Petition
  The court held that a 200-year sentence for second-degree murder was not a violation of the Eighth and Fourteenth Amendments, and that the district court did not err in denying a habeas corpus petition without an evidentiary hearing.
• Clay E. Boyer, III v. State
  486 So. 2d 70· Fla. 4th DCA· 1986-04-09
  The court held that the judge's presence on the appellate panel did not violate due process and treated the appeal as a petition for writ of habeas corpus, which was denied. The denial of the post-conviction relief based on prosecutorial misconduct was affirmed.
• Gerdes v. Smith
  488 So. 2d 837· Fla. 5th DCA· 1986-04-07 ·via Writ Of Habeas Corpus
  The court denied the petition for writ of habeas corpus because the record was inadequate to grant relief.
• Oliver v. Dugger
  785 F.2d 949· 11th Cir.· 1986-04-02 ·via Habeas Corpus Petition
  The court held that even if a precedent regarding joinder of offenses were retroactively applied, the petitioner would not be entitled to relief because the evidence of guilt was overwhelming and the introduction of a prior conviction did not render the trial fundamentally unfair
• Burton Donald Woods, III v. Armontrout
  787 F.2d 304· 8th Cir.· 1986-03-20 ·via Habeas Corpus Petition
  The court held that the federal district court erred by applying the presumption of correctness under 28 U.S.C. § 2254(d) to the state court's determination of confession voluntariness, which requires independent federal review.
• Brown v. Armontrout
  786 F.2d 362· 8th Cir.· 1986-03-13 ·via Petition For Habeas Corpus Relief
  The court held that the defendant violated the terms of his plea agreement by failing to appear for sentencing, and therefore the court was justified in imposing a harsher sentence and the defendant was not entitled to withdraw his plea.
• Geary L. Dandridge v. Black
  785 F.2d 649· 8th Cir.· 1986-03-13
  The appellate court affirmed the district court's denial of the habeas corpus petition, finding no constitutional merit to the appellant's claims.
• Ignizio v. Honorable David M. Gersten
  483 So. 2d 877· Fla. 3d DCA· 1986-03-04 ·via Writ Of Habeas Corpus
  The court held that the speedy trial extension was proper and that bail was not required despite the delay.
• Thrasher v. Armontrout
  784 F.2d 327· 8th Cir.· 1986-02-19
  The court held that the pretrial lineup was not impermissibly suggestive and therefore constitutional.
• Johnny J.E. Meadows v. O.L. McCOTTER
  782 F.2d 489· 5th Cir.· 1986-02-10
  The court held that the district court's findings of fact were not clearly erroneous and the record supported the conclusion that the confession and guilty plea were voluntary.
• Butler v. King
  781 F.2d 486· 5th Cir.· 1986-01-30
  A state court loses jurisdiction to try a defendant when a civil rights removal petition is filed and pending in federal court, even if the petition is later found to be without merit.
• William v. Nabozny
  781 F.2d 83· 6th Cir.· 1986-01-15 ·via Habeas Corpus Petition
  The court held that the reasonable doubt instruction was adequate, Fourth Amendment claims were properly litigated, emergency wiretaps were justified under statute, and ineffective assistance of counsel claims failed to meet the required prejudice standard.
• Sylester Earl Smith v. Louie L. Wainwright
  484 So. 2d 31· Fla. 4th DCA· 1986-01-15
  The court found that the petitioner, Sylester Earl Smith, was denied effective assistance of appellate counsel. Counsel failed to raise a meritorious issue regarding a suggestive lineup identification, which is a fundamental part of the case.
• Montero v. Ilchert
  780 F.2d 763· 9th Cir.· 1986-01-10
• In the Interest of S.J.W. and T.R.W.
  480 So. 2d 262· Fla. 1st DCA· 1986-01-03
• Cohen v. Tate
  779 F.2d 1181· 6th Cir.· 1985-12-30 ·via Habeas Corpus Petition
  The Sixth Circuit held that the district court erred in summarily dismissing the petitioner's claim regarding the missing transcript, remanding for further proceedings to determine if alternative means exist to address the voluntariness of the plea and ineffective assistance of c
• Pringle v. Court OF Common Pleas
  778 F.2d 998· 3d Cir.· 1985-12-12 ·via Habeas Corpus Petition
  The court held that the Pennsylvania disorderly conduct statute, as applied to appellant's speech in 1979, was unconstitutionally vague because it failed to provide fair notice that her words, previously deemed not obscene by the Supreme Court, could be considered obscene based o
• Beard v. A.L. Lockhart
  779 F.2d 23· 8th Cir.· 1985-12-06
  The court held that the brief handling of a firearm was sufficient evidence to revoke probation and that the denial of a continuance for new counsel did not violate the appellant's Sixth Amendment rights.
• Manning v. Louie L. Wainwright
  477 So. 2d 666· Fla. 5th DCA· 1985-10-31 ·via Writ Of Habeas Corpus
  Court remanded for evidentiary hearing to determine whether counsel's failure to timely file a notice of appeal constituted ineffective assistance of counsel depriving petitioner of his appellate rights.
• Mann v. Warden OF Eglin AIR Force Base
  771 F.2d 1453· 11th Cir.· 1985-09-24 ·via Habeas Corpus Petition
  A prisoner transferred under the Interstate Agreement on Detainers is not entitled to a pre-transfer hearing under Florida law or the Sixth Amendment, even if the detainer is lodged by a state where the prisoner is physically located.