Petition For Writ Of Habeas Corpus

7,518 Florida cases classified under this topic, plus 5,495 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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
• Campanale v. Harris
  724 F.2d 276· 2d Cir.· 1983-12-09
  A federal court should not grant habeas corpus relief for a claim based on a new Supreme Court rule if the petitioner has not first presented that claim to the state courts, absent specific exceptions to the exhaustion requirement.
• Williams v. State
  440 So. 2d 512· Fla. 4th DCA· 1983-11-16
  Williams appealed a circuit court's denial without hearing of his Rule 3.850 motion raising constitutional challenges to his sexual battery conviction. The appellate court reversed, holding that the circuit court erred in denying the motion without a hearing when the record did n
• Maddox v. Montgomery
  718 F.2d 1033· 11th Cir.· 1983-11-03 ·via Habeas Corpus Petition
  The court held that the suppressed evidence was not material under Brady v. Maryland, and therefore, the appellant's due process rights were not violated.
• Fair v. Zant
  715 F.2d 1519· 11th Cir.· 1983-09-26
  A guilty plea is involuntary and violates due process if entered based on a mistaken understanding of the law, induced by the trial judge, regarding the right to withdraw the plea.
• Almon v. Jernigan
  715 F.2d 1505· 11th Cir.· 1983-09-26
  The court held that the state trial court properly determined the prisoner's confession was voluntary and admissible, and thus the habeas corpus petition was correctly denied.
• Martin v. Rose
  717 F.2d 295· 6th Cir.· 1983-09-16
  The court held that the district court correctly found ineffective assistance of counsel, as the state court's contrary findings were not supported by the record.
• Vail v. W.J. Estelle, Jr.
  711 F.2d 630· 5th Cir.· 1983-08-08
  A federal habeas court must consider a petition when state appellate procedures are so delayed as to render the exhaustion requirement meaningless, even if the petitioner has not exhausted state remedies.
• United States ex rel. Clifford Knights v. Wolff
  713 F.2d 240· 7th Cir.· 1983-07-08
  A habeas corpus petitioner is barred from raising constitutional claims in federal court if they were procedurally defaulted in state court, absent a showing of cause and actual prejudice.
• State OF Fla. ex rel. v. Crawford
  707 F.2d 472· 11th Cir.· 1983-06-16
  The appeal from the denial of a writ of habeas corpus seeking bail pending a state court appeal is moot because the state appeal has been decided.
• Hill v. Zimmerman
  709 F.2d 232· 3d Cir.· 1983-06-09 ·via Habeas Corpus Petition
  The court held that the petitioner had not fairly presented his claim regarding the malice jury instruction to the state courts, thus requiring dismissal of the habeas petition for failure to exhaust state remedies.
• Bacik v. Engle
  706 F.2d 169· 6th Cir.· 1983-04-29
  The court held that the district court's denial of habeas corpus relief was proper, affirming the conviction based on established precedent regarding procedural default and ineffective assistance of counsel.
• Drake v. Louie L. Wainwright
  429 So. 2d 374· Fla. 1st DCA· 1983-03-17
  The court affirmed the trial court's denial of Drake's habeas corpus petition, holding that the Florida Parole and Probation Commission properly considered a concurrent federal kidnapping conviction as an aggravating factor in establishing his presumptive parole release date.
• Pierre v. Wash. State Bd. OF Prison Terms & Paroles
  699 F.2d 471· 9th Cir.· 1983-02-15
  The court held that the parole revocation procedures and minimum term determination did not violate appellant's due process rights.
• Hobgood v. Housewright
  698 F.2d 962· 8th Cir.· 1983-02-14
  Placing the burden on the defendant to prove an affirmative defense negating an element of the crime by a preponderance of the evidence does not violate due process.
• Gibson v. Spalding
  703 F.2d 362· 9th Cir.· 1983-02-09
  The court vacated its prior decision and remanded the case to the district court for reconsideration in light of intervening Supreme Court decisions.
• Purwin v. Louie L. Wainwright
  436 So. 2d 138· Fla. 5th DCA· 1983-01-26 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel is denied if the petitioner fails to demonstrate prejudice from the alleged deficiency.
• Alonso-Martinez v. Meissner
  697 F.2d 1160· D.C. Cir.· 1983-01-21
  The court held that changed circumstances rendered the habeas corpus petition moot, vacating the lower court's judgment and remanding to dismiss the petition.
• Johnson v. Balkcom
  695 F.2d 1320· 11th Cir.· 1983-01-17
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on both ineffective assistance of counsel and jury instruction claims.
• Giordano v. Fair
  697 F.2d 14· 1st Cir.· 1983-01-05 ·via Habeas Corpus Petition
  The court held that the state court's interpretation of the escape statute, which allowed conviction based on proof of lawful custody under the Interstate Agreement on Detainers (IAD) and a presumption of regularity, did not violate due process.
• Dowdell v. State
  423 So. 2d 612· Fla. 1st DCA· 1982-12-21
  Dowdell appeals the denial of his habeas corpus petition challenging a Georgia fugitive warrant for extradition. The court holds that a probation violation occurring in Florida relates back to the original Georgia felony for which probation was imposed, making the original crime
• Perguson v. Colonel Remo J. Nicoli
  694 F.2d 101· 5th Cir.· 1982-12-20
  Federal courts must refrain from intervening in military court proceedings until all available military remedies have been exhausted, particularly when the issue is whether an offense is service-connected.
• Jackey Don Watson v. Donald Wyrick and/or Carl White
  698 F.2d 925· 8th Cir.· 1982-12-17
  The court held that the appellant's guilty plea was knowing and voluntary, and that he received effective assistance of counsel.
• Little v. Thomas
  719 F.2d 50· 3d Cir.· 1982-12-06
  The court affirmed the district court's grant of summary judgment, finding the Parole Commission's decision to continue the appellant on parole was rational and consistent with the statute, and that no evidentiary hearing was required.
• Stangherlin v. Kelly
  419 So. 2d 1154· Fla. 5th DCA· 1982-09-29 ·via Writ Of Habeas Corpus
  Petitioner Stangherlin sought habeas corpus relief to secure release from custody pending trial on charges of conspiracy to commit first-degree murder and first-degree murder. The court denied the writ, finding that testimony from a witness (Modzelewski) regarding petitioner's in
• Cole v. Parratt
  688 F.2d 59· 8th Cir.· 1982-09-13
  Failure to object to the use of a prior conviction at a state habitual criminal hearing, absent a showing of cause and prejudice, bars federal habeas review of the constitutional claim.
• Pires v. Louie L. Wainwright
  419 So. 2d 358· Fla. 1st DCA· 1982-09-10
  An inmate challenged a disciplinary proceeding resulting in loss of gain time and transfer after prison officials monitored his telephone call without a warrant. The court held that Florida's Security of Communications Act contains an implicit exception allowing prison officials
• White v. Estelle
  685 F.2d 927· 5th Cir.· 1982-08-26
  The court held that the district court properly granted habeas relief because the state's role in the disappearance of a material witness violated due process, and the state court's findings on due diligence were not entitled to deference.
• Wylie v. Botos
  416 So. 2d 1253· Fla. 4th DCA· 1982-07-21
  Unmarried parents sought to revoke their consent to adoption of their child born out of wedlock after the adoption petition was filed. The Fourth District Court of Appeal affirmed the trial court's decision to grant the adoption, holding that the natural father was estopped from
• Saxon v. State
  416 So. 2d 904· Fla. 1st DCA· 1982-07-14 ·via Writ Of Habeas Corpus
  The court held that the defendant's subsequent actions after refusing extradition, coupled with his speedy trial demands, constituted a bona fide effort to secure a speedy trial, and the trial court erred in denying his motion based solely on the initial refusal.
• Enoch Dickinson, Jr. v. Louie Wainwright
  416 So. 2d 40· Fla. 1st DCA· 1982-07-02
  An inmate appealed the dismissal of his habeas corpus petition challenging his work gain time calculation, claiming he was entitled to one day of gain time for each day worked. The court affirmed the dismissal, holding that Florida statute does not mandate a one-to-one ratio but
• Mastrangelo v. United States Parole Comm'n
  682 F.2d 402· 2d Cir.· 1982-06-30
  The court held that while the second sentence was intended to run consecutively to the first, the case must be remanded to determine if the petitioner was adequately aware of his special parole status and its conditions.
• United States v. Davis
  677 F.2d 495· 5th Cir.· 1982-06-01 ·via Writ Of Habeas Corpus
  The court held that the appellant's motion for a writ of mandamus did not clearly evince an intent to appeal, rendering the subsequent notice of appeal untimely.
• Short v. Garrison
  678 F.2d 364· 4th Cir.· 1982-06-01
  The court held that the failure to make a "no-benefit" finding under the North Carolina Youthful Offender statute, when the petitioner was over twenty-one at the time of seeking relief, did not constitute a constitutional violation cognizable in federal habeas corpus.
• Chatfield v. Ricketts
  673 F.2d 330· 10th Cir.· 1982-03-25 ·via Habeas Corpus Petition
  The court held that the Double Jeopardy Clause did not prohibit retrying the defendant for first-degree kidnapping after a mistrial and subsequent dismissal, and that sufficient evidence supported the conviction.
• Kerns v. Parratt
  672 F.2d 690· 8th Cir.· 1982-03-17 ·via Habeas Corpus Petition
  The court adheres to precedent upholding the habitual offender statute, despite concerns about its application.
• Parry Morgan v. Wyrick
  673 F.2d 218· 8th Cir.· 1982-03-08 ·via Habeas Corpus Petition
  The court held that the appellant's consecutive sentences were not imposed under the unconstitutional statute, thus no remand for resentencing is necessary.
• Freeman Leroy Bell v. Harrison
  670 F.2d 656· 6th Cir.· 1982-02-09 ·via Habeas Corpus Petition
  The court held that Tennessee's rape shield statute, T.C.A. § 40-2445, is constitutional on its face and as applied, and did not violate the defendant's Sixth Amendment right to confrontation.
• von Burleson v. Estelle
  666 F.2d 231· 5th Cir.· 1982-01-22
  The Supreme Court's ruling in Crist v. Bretz, establishing that jeopardy attaches when a jury is impaneled and sworn, is retroactive and applies to the states.
• Proctor v. Louie L. Wainwright
  408 So. 2d 793· Fla. 1st DCA· 1982-01-14 ·via Writ Of Habeas Corpus
  Petitioner Proctor seeks habeas corpus release from a Florida prison, claiming Florida violated the Interstate Agreement on Detainers by failing to provide a timely parole revocation hearing. The court denies the petition but conditions its denial on Florida providing a final rev
• Wiley v. Sowders
  669 F.2d 386· 6th Cir.· 1982-01-11 ·via Habeas Corpus Petition
  The court held that while an on-the-record inquiry into consent to admit guilt is preferred, due process does not mandate it, and remanded for an evidentiary hearing on whether the petitioner consented to his attorney's strategy.
• Major Fortenberry v. Maggio
  664 F.2d 1288· 5th Cir.· 1982-01-04
  The court held that the defendant's due process rights may have been violated by an impermissibly suggestive out-of-court identification, requiring a remand for an evidentiary hearing. The court also held that the use of juror notes during deliberations did not violate the defend
• Smith v. Housewright
  667 F.2d 689· 8th Cir.· 1981-12-23 ·via Habeas Corpus Petition
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming that the confession was voluntary and properly admitted.
• Aldridge v. State
  407 So. 2d 280· Fla. 3d DCA· 1981-12-08 ·via Habeas Corpus Petition
  In this extradition habeas corpus appeal, the court held that a defendant challenging an executive warrant for rendition must be afforded an evidentiary hearing to present evidence refuting the prima facie case that he was present in the demanding state at the time of the alleged
• Waters v. Wainwright
  527 F. Supp. 275· M.D. Fla.· 1981-12-03 ·via Habeas Corpus Petition
  The court held that the petitioner has not established his contentions and has not been deprived of any constitutional right, thus his habeas petition is dismissed.
• Behrens v. Honorable J. William Woodson
  405 So. 2d 262· Fla. 5th DCA· 1981-10-28 ·via Writ Of Habeas Corpus
• Henderson v. State OF Mo.
  661 F.2d 107· 8th Cir.· 1981-10-19
  The court held that the petitioner's habeas corpus filing was premature because it had not first been made to the appropriate federal district court.
• Thomas M. Walshe, III, M.D. v. Rear Admiral Wycliffe D. Toole, Jr.
  663 F.2d 320· 1st Cir.· 1981-10-07 ·via Habeas Corpus Petition
  The court held that the Navy's denial of the conscientious objector application was tainted by factual errors and bias, requiring vacatur of the district court's judgment.
• Stephens v. Wyrick
  659 F.2d 94· 8th Cir.· 1981-09-14
  The court held that the district court's dismissal of the habeas petition was proper, affirming the denial of relief on the claims of involuntary guilty plea and unconstitutional sentencing statute.