Petition For Writ Of Habeas Corpus

7,518 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

• 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.
• Hudson v. Deyton
  770 F.2d 1558· 11th Cir.· 1985-09-17 ·via Habeas Corpus Petition
  The court held that increasing child support payments, even if made a condition of a suspended sentence, does not violate the ex post facto clause if state law interprets such payments as a continuing statutory duty separate from the sentence itself.
• Glass v. Blackburn
  767 F.2d 123· 5th Cir.· 1985-07-25 ·via Habeas Corpus Petition
  The court granted the motion to proceed in forma pauperis and stayed the execution, ordering further briefing on the certificate of probable cause.
• Borning v. L.J. Hymel
  764 F.2d 1041· 5th Cir.· 1985-06-19 ·via Habeas Corpus Petition
  A district court's certification that an appeal is not taken in good faith prevents it from granting leave to proceed in forma pauperis.
• D.L.T. v. Heisner
  469 So. 2d 891· Fla. 1st DCA· 1985-05-16
  A Florida appellate court clarified its prior habeas corpus order directing that a juvenile be detained in the statutorily designated catchment area rather than in a different facility. The court held that while the Department of Health and Rehabilitative Services has authority t
• Moore v. Louie L. Wainwright
  469 So. 2d 882· Fla. 3d DCA· 1985-05-14
  A Florida appeals court granted habeas corpus relief to an inmate whose approved parole release date was rescinded based on a new Attorney General opinion interpreting parole eligibility rules for consecutive sentences. The court held that a new legal interpretation cannot be ret
• King v. Louie L. Wainwright
  467 So. 2d 1052· Fla. 1st DCA· 1985-04-18
  David King sought post-conviction relief claiming the trial court violated a plea agreement by imposing a five-year sentence instead of the promised one-year sentence. The appellate court affirmed the trial court's denial of relief, finding that the plea documents clearly showed
• Elton Watts v. Petrovsky
  757 F.2d 964· 8th Cir.· 1985-03-26
  The court held that the issue of the parole date was moot because the appellant had been paroled, and his speculative claim of future revocation did not confer jurisdiction.
• Wallace v. Kemp
  757 F.2d 1102· 11th Cir.· 1985-03-13 ·via Habeas Corpus Petition
  The court held that the evidence was insufficient to sustain the jury's finding that the defendant was competent to stand trial, thus reversing the district court's denial of the writ of habeas corpus.
• McGEE v. State
  463 So. 2d 422· Fla. 1st DCA· 1985-02-04 ·via Writ Of Habeas Corpus
  Howard McGee sought habeas corpus relief claiming ineffective assistance of appellate counsel for failing to raise an issue about whether proof of a destructive device's actual existence is required to prove a threat to discharge it under Florida law. The court denied the petitio
• Songer v. Wainwright
  605 F. Supp. 686· M.D. Fla.· 1985-02-02
  The court held that the second petition for a writ of habeas corpus should be dismissed as successive because the petitioner failed to demonstrate that the ends of justice would be served by a redetermination of the issues previously adjudicated on the merits.
• Pitts v. A.L. Lockhart
  753 F.2d 689· 8th Cir.· 1985-01-31
  A jury from which individuals with conscientious objections to the death penalty are excluded is unconstitutional per se, violating the Sixth and Fourteenth Amendments.
• United States v. Booher
  752 F.2d 105· 4th Cir.· 1985-01-11
  The advance filing of a federal writ of habeas corpus ad prosequendum with prison officials does not transform the writ into a detainer under the Interstate Agreement on Detainers Act (IADA).
• Johnson v. Mabry
  752 F.2d 313· 8th Cir.· 1985-01-08
  The court held that the petitioner failed to establish prejudice from counsel's failure to interview witnesses, thus affirming the denial of his habeas corpus petition.
• Pina v. Henderson
  752 F.2d 47· 2d Cir.· 1985-01-04
  The State prosecutor did not violate Brady v. Maryland by withholding exculpatory evidence because the parole officer's report was not in the prosecution's control, and judicial notice of an officer's report was improper.
• Solomon v. Harris
  749 F.2d 1· 2d Cir.· 1984-11-06 ·via Writ Of Habeas Corpus
  The court held that the appellant was not deprived of the reasonably effective assistance of counsel, as neither prong of the Strickland test was met.
• Barfield v. Woodard
  748 F.2d 844· 4th Cir.· 1984-11-01
  The court held that the petitioner's claims were either successive, abuses of the writ, or without merit, and affirmed the district court's denial of the habeas corpus petition and application for stay of execution.
• Johnson v. A.L. Lockhart
  746 F.2d 1367· 8th Cir.· 1984-10-30
  The court held that a guilty plea is not rendered involuntary by the failure of a trial judge to explain parole eligibility, absent evidence of attorney misrepresentation.
• Rogers v. Israel
  746 F.2d 1280-1288· 7th Cir.· 1984-10-16
  The court held that the petitioner may be entitled to a writ of habeas corpus if, on remand, he can show that his trial counsel's failure to investigate the incapacitating effect of the victim's heart wound was unreasonable and that material facts were not developed due to no ine
• Harris v. White
  745 F.2d 523· 8th Cir.· 1984-10-05
  The court held that the trial court's refusal to conduct a hearing on allegations of prosecutorial coercion of a witness did not violate due process.
• Weir v. Wilson
  744 F.2d 532· 6th Cir.· 1984-09-26
  The court held that a defendant's post-arrest silence is impeachable if it occurred before Miranda warnings were given, as Doyle v. Ohio only protects silence induced by such warnings.
• Howard v. Hoyt C. Cupp
  747 F.2d 510· 9th Cir.· 1984-09-25 ·via Habeas Corpus Petition
  Oregon's dual system for filing felony charges does not violate equal protection, and suggestive police procedures did not render eyewitness identification unreliable.
• DeANGELIS v. Louie Wainwright
  455 So. 2d 639· Fla. 1st DCA· 1984-09-13 ·via Writ Of Habeas Corpus
  DeAngelis sought habeas corpus relief claiming the Department of Corrections unlawfully withheld incentive gain time credits during his final month of incarceration. The court denied the petition, finding that an emergency rule promulgated after a prior decision in Pettway proper
• Listle Vaughn v. Britton
  740 F.2d 833· 11th Cir.· 1984-08-28 ·via Habeas Corpus Petition
  The court held that the petitioner's claim regarding the Allen charge was procedurally defaulted because his trial counsel failed to properly object and perfect the record on appeal, barring federal habeas review.
• Irons v. A.L. Lockhart
  741 F.2d 207· 8th Cir.· 1984-08-23
  The court held that the appellant failed to demonstrate prejudice from his trial counsel's alleged errors regarding jury selection, prosecutorial comments, prejudicial testimony, and the use of his prior confession, thus affirming the denial of his habeas corpus petition.
• Spiro Anast v. United States Parole Comm'n
  739 F.2d 403· 8th Cir.· 1984-07-30 ·via Petition For Habeas Corpus Relief
  The court held that the Parole Commission did not abuse its discretion in setting a parole date above the applicable guidelines, as it established good cause for its decision.
• United States v. Greer
  739 F.2d 262· 7th Cir.· 1984-07-13
  The court held that the Illinois extended sentence statute, as applied to a brutal murder conviction, does not violate the Eighth Amendment, even in light of Solem v. Helm, because the petitioner did not claim his sentence was disproportionate to the crime.
• Blue v. Housewright
  739 F.2d 320· 8th Cir.· 1984-07-12 ·via Habeas Corpus Petition
  The court held that a guilty plea is not rendered involuntary by an attorney's advice regarding the potential for capital felony murder charges, even if the application of the statute was uncertain.
• Williams v. Procunier
  735 F.2d 875· 5th Cir.· 1984-07-09 ·via Habeas Corpus Petition
  The court held that the district court's findings of fact, based on an evidentiary hearing assessing witness credibility, were not clearly erroneous, and therefore affirmed the denial of habeas corpus relief.
• The United States ex rel. Antonio Roche v. Scully
  739 F.2d 739· 2d Cir.· 1984-07-03
  The court should remand to supplement the record regarding whether a reasonably competent New York attorney would have pressed the jurisdiction argument on appeal.
• Rogers v. White
  736 F.2d 483· 8th Cir.· 1984-06-20
  The court held that a conflict of interest from counsel seeking employment with the prosecuting attorney's office does not constitute a per se violation of the Sixth Amendment if no actual prejudice is shown.
• Distiso v. Louie Wainwright
  451 So. 2d 988· Fla. 2d DCA· 1984-06-13
  Distiso appealed the denial of his habeas corpus petition challenging Florida's grant of temporary custody to Pennsylvania under the Interstate Agreement on Detainers. The court reversed, holding that Pennsylvania failed to provide a duly certified copy of the charging complaint
• Storey v. Ponte
  735 F.2d 626· 1st Cir.· 1984-05-30 ·via Habeas Corpus Petition
  The court held that the petitioner's claims were barred by procedural default or, alternatively, that he suffered no prejudice.
• Archer v. State
  451 So. 2d 525· Fla. 2d DCA· 1984-05-18 ·via Writ Of Habeas Corpus
• Hair v. A.L. Lockhart
  734 F.2d 390· 8th Cir.· 1984-05-17
  The court held that convictions for rape and kidnapping do not violate the double jeopardy clause, and the district court did not err in refusing to appoint counsel for a habeas corpus petition.
• Doyle Dee Jones v. Parke
  734 F.2d 1142· 6th Cir.· 1984-05-10 ·via Habeas Corpus Petition
  The court held that the record did not adequately develop facts to determine if the guilty plea was knowingly and intelligently made, requiring further proceedings.
• Young v. Duckworth
  733 F.2d 482· 7th Cir.· 1984-05-07 ·via Habeas Corpus Petition
  The Sixth Amendment right to counsel attaches at the preliminary hearing where probable cause is determined to bind a case over to the grand jury, and a lapse in representation during this period requires reversal unless the state can prove no prejudice occurred.
• Pakulski v. Hickey
  731 F.2d 382· 6th Cir.· 1984-04-13
  The court held that the district court correctly dismissed the petitions for writs of habeas corpus, affirming the extradition of the appellants.
• Smith v. State
  448 So. 2d 20· Fla. 1st DCA· 1984-03-19 ·via Writ Of Habeas Corpus
  The court held that incarceration served as a condition of probation, even if it equals the maximum statutory sentence for the offense, is permissible and does not invalidate the probation order.
• Vazquez v. Scully
  730 F.2d 868· 2d Cir.· 1984-03-13 ·via Habeas Corpus Petition
  The court held that the petitioner had not fairly presented his federal claims to the state courts, thus failing to exhaust available state remedies.
• Hickey v. Solem
  728 F.2d 1149· 8th Cir.· 1984-03-06 ·via Habeas Corpus Petition
  The court held that the undisclosed witness statement was not material to guilt or punishment, and therefore its suppression did not violate due process. The court also affirmed the lower court's finding that there was no prejudicial contact between the victim's relatives and the
• Crick v. Smith
  729 F.2d 1038· 6th Cir.· 1984-03-06
  The court held that the state proved beyond a reasonable doubt that the juvenile court judge would have waived jurisdiction even if apprised of the omission of 'best interest' findings, rendering the due process violation harmless error.
• United States ex rel. Lavada Woollums v. Greer
  728 F.2d 918· 7th Cir.· 1984-02-24 ·via Habeas Corpus Petition
  The court held that the petitioner's prosecution for aggravated battery after an ex parte judgment on an ordinance violation constituted double jeopardy because the offenses were the same and the ex parte judgment was criminal punishment.
• Maldonado v. Winans
  728 F.2d 438· 10th Cir.· 1984-02-22
  The court held that effective assistance of counsel is indispensable to a voluntary guilty plea, and the district court erred by focusing solely on voluntariness without considering ineffective assistance.
• Bryan v. Petrovsky
  726 F.2d 431· 8th Cir.· 1984-02-06
  The court held that the notice Bryan received when served with the parole violation warrant was sufficient, even if he did not receive a subsequent letter detailing the charges.
• Shelton v. A.L. Lockhart
  725 F.2d 82· 8th Cir.· 1984-01-23 ·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding no merit to the appellant's arguments.
• Amidon v. Lehman
  730 F.2d 949· 4th Cir.· 1984-01-13
  The court held that the Government's position in extending the servicemen's enlistments was substantially justified, even if its underlying actions were flawed.
• Gibilaro v. LE Fevre
  725 F.2d 199· 2d Cir.· 1984-01-12
  The court held that the prosecutor's statement during summation, "That is the reason he did it," was a permissible argument based on the evidence, not an unconstitutional expression of personal opinion warranting habeas corpus relief.
• Richard v. Callahan
  723 F.2d 1028· 1st Cir.· 1983-12-27
  The court held that the petitioner's guilty plea to second degree murder was knowing and voluntary, and that the record supported a conviction on a joint venture theory, thus upholding the consecutive sentences.
• Louie L. Wainwright v. Cameron
  442 So. 2d 1089· Fla. 2d DCA· 1983-12-21 ·via Writ Of Habeas Corpus