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

• Damyn v. Louie L. Wainwright
  403 So. 2d 569· Fla. 1st DCA· 1981-09-09
• FRY v. Moreland
  402 So. 2d 583· Fla. 5th DCA· 1981-08-26 ·via Writ Of Habeas Corpus
  Petitioner sought habeas corpus relief claiming his competency hearing was held outside the 30-day deadline required by Florida Rule of Criminal Procedure 3.212(b)(4). The court rejected this claim, holding that the relevant deadline begins from receipt of a report by the facilit
• Hall v. Lou V. Brewer
  656 F.2d 364· 8th Cir.· 1981-08-17 ·via Writ Of Habeas Corpus
  The court held that the petitioner did not deliberately bypass state remedies and that the federal district court erred in dismissing the habeas petition on grounds of procedural waiver and failure to exhaust.
• Schleicher v. Wyrick
  656 F.2d 288· 8th Cir.· 1981-07-30 ·via Habeas Corpus Petition
  The court held that the prisoner's habeas corpus petition should be affirmed, not on the ground of failure to exhaust state remedies, but because the prisoner failed to show a due process violation.
• D. D. v. Honorable Bill White
  650 F.2d 749· 5th Cir.· 1981-07-16 ·via Application For Writ Of Habeas Corpus
  The court held that a federal district court must dismiss a mixed petition for a writ of habeas corpus, which contains both exhausted and unexhausted claims, without prejudice due to the petitioner's failure to exhaust available state remedies.
• D. P. v. Capri
  399 So. 2d 1030· Fla. 3d DCA· 1981-06-05 ·via Habeas Corpus Petition
  A juvenile was ordered detained in secure custody pending trial based solely on the trial judge's exercise of discretionary power. The Florida District Court of Appeal granted habeas corpus and ordered the juvenile's release, holding that detention authority for juveniles is stri
• Bonner v. Wyrick
  650 F.2d 150· 8th Cir.· 1981-06-03
  A guilty plea is not rendered invalid simply because it was motivated by the defendant's desire to avoid a potentially greater sentence after trial.
• Cooper v. Mitchell
  647 F.2d 437· 4th Cir.· 1981-04-27 ·via Habeas Corpus Petition
  The court held that a harsher sentence imposed by a jury upon retrial does not violate due process if the jury is unaware of the prior sentence and the sentence is not otherwise shown to be a product of vindictiveness. The court also held that delay incident to collateral proceed
• United States v. Evans
  652 F.2d 177· D.C. Cir.· 1981-04-20 ·via Writ Of Habeas Corpus
  The court held that a defendant convicted of felony murder, who was acquitted of first-degree murder, cannot benefit from a ruling that overturned first-degree murder convictions based on faulty malice instructions.
• Massey v. Balkcom
  642 F.2d 157· 5th Cir.· 1981-04-09 ·via Habeas Corpus Petition
  The court held that a state prisoner is not constitutionally entitled to have his sentence determined anew by a jury after a death sentence is commuted to life imprisonment.
• Johnson v. Perini
  644 F.2d 573· 6th Cir.· 1981-03-16 ·via Application For Writ Of Habeas Corpus
  The court held that the juvenile court's finding of probable cause, without an adjudication of delinquency, did not violate the petitioner's right against double jeopardy.
• Davis v. Bryant Muellar
  643 F.2d 521· 8th Cir.· 1981-03-06
  The state court should not exercise jurisdiction over an Indian arrested in violation of a tribal extradition ordinance, as such action impedes tribal self-government and is preempted by federal law.
• Harris v. The State OF S.C.
  642 F.2d 71· 4th Cir.· 1981-02-20 ·via Writ Of Habeas Corpus
  The court held that the petitioners' custody was based on subsequent indictments, not the allegedly illegal extradition warrants, and thus habeas corpus relief was unavailable.
• Nieboer v. T. L.
  394 So. 2d 163· Fla. 1st DCA· 1981-02-11 ·via Writ Of Habeas Corpus
  The court reversed a habeas corpus order against the Department of Health and Rehabilitative Services for lack of proper service of process, but affirmed the order against the detention center superintendent who had actual custody of the juveniles.
• MacLean v. Rouse
  1981 U.S. Dist. LEXIS 10512· S.D. Fla.· 1981-01-30
  Florida Rule of Criminal Procedure 3.691(a), which prohibits bail for convicted felons with prior felony convictions pending appeal, does not violate the Due Process or Eighth Amendments.
• Sacco v. United States Parole Comm'n & Winston Satran
  639 F.2d 441· 8th Cir.· 1981-01-30
  The court held that the district court correctly dismissed the habeas corpus petition as repetitive and lacking new grounds for relief, affirming the prior adverse decisions on the merits.
• Ulysses Smith v. Blackburn
  632 F.2d 1194· 5th Cir.· 1980-12-15 ·via Habeas Corpus Petition
  The court held that a conviction by a five-member jury is unconstitutional, and the petitioner did not waive this right by electing to be tried by such a jury.
• Lytle v. Brown
  636 F.2d 1135· 6th Cir.· 1980-12-11 ·via Writ Of Habeas Corpus
  The court held that Army Regulation 601-25 permits a physician to apply for an exemption from active duty based on community need before receiving orders for active duty.
• In re Florida Rules of Judicial Administration
  391 So. 2d 214· Fla.· 1980-12-04 ·via Habeas Corpus Proceedings
  The Supreme Court approved amendments to the Rules of Judicial Administration regarding filing fees for habeas corpus proceedings and the terms for chief judges.
• Jenkins v. Harvey
  634 F.2d 130· 4th Cir.· 1980-10-23
  The court held that a state court's denial of bail pending appeal, even without stated reasons, does not violate federal due process or require federal habeas corpus relief.
• Charles v. Warden
  629 F.2d 1182· 6th Cir.· 1980-10-03 ·via Writ Of Habeas Corpus
• Rawls v. Mabry
  630 F.2d 654· 8th Cir.· 1980-10-02
  The court held that the petitioner's claims of ineffective assistance of counsel and involuntary plea were without merit, affirming the dismissal of his habeas corpus petition.
• Captain William E. Naill v. The Honorable Clifford L. Alexander, Jr.
  631 F.2d 696· 10th Cir.· 1980-09-25
  The court held that there was a basis in fact for the denial of the petitioner's application for conscientious objector status because his beliefs were not based on religious training and belief as required by Army regulations.
• Williams v. Marshall
  628 F.2d 934· 6th Cir.· 1980-08-26
  The court held that the appellant failed to exhaust state remedies because he did not file the required affidavit of error to pursue his appeal in state court.
• Strong v. Louie L. Wainwright
  385 So. 2d 169· Fla. 1st DCA· 1980-06-30
  Habeas corpus petition challenging prison disciplinary proceeding was partially granted because the prisoner was not provided a written statement of evidence and reasons for discipline, as required by due process.
• Hayes v. Bordenkircher
  621 F.2d 846· 6th Cir.· 1980-05-29 ·via Habeas Corpus Petition
  The court held that the application of Kentucky's repealed recidivist statute to impose a mandatory life sentence for a third felony conviction did not constitute cruel and unusual punishment under the Eighth Amendment, following Supreme Court precedent.
• Piedad Alvarez Rodriguez v. Sandstrom
  382 So. 2d 778· Fla. 3d DCA· 1980-04-08 ·via Writ Of Habeas Corpus
  A circuit court lacks the authority to hold a material witness in jail in lieu of bail for a state attorney investigation when no criminal charges are pending before the court.
• Smith v. Jiro J. Enomoto
  615 F.2d 1251· 9th Cir.· 1980-03-31 ·via Habeas Corpus Petition
  A pro se, incarcerated defendant is not automatically entitled to state-funded investigative services; they must demonstrate a specific need.
• Henson v. United States
  617 F.2d 510· 8th Cir.· 1980-03-21 ·via Writ Of Habeas Corpus
  The court affirmed the denial of the habeas corpus application, finding no merit to the petitioner's arguments regarding ineffective assistance of counsel.
• Sphaler v. Colman
  379 So. 2d 717· Fla. 5th DCA· 1980-02-13
  Gordon Sphaler petitioned for a writ of habeas corpus challenging his bail revocation following his 1979 conviction for aggravated assault, false imprisonment, and firearm possession by a convicted felon. The court rejected his argument that Florida's statute and rule denying bai
• Rogers v. Wainwright
  379 So. 2d 437· Fla. 1st DCA· 1980-02-04
  The court held that the petitioner was not entitled to gain time under both the former and amended statutes, as the amended statute did not violate the ex post facto clause.
• Gwinn v. Deane
  613 F.2d 1· 1st Cir.· 1980-01-15 ·via Habeas Corpus Petition
  The appellate court held that an affirmance of a conviction by a state supreme court, even if based on different reasoning than the trial court, does not constitute double jeopardy.
• State v. Matera
  378 So. 2d 1283· Fla. 3d DCA· 1979-12-28 ·via Writ Of Habeas Corpus
  Florida appeals a circuit court's order vacating a defendant's 1967 robbery conviction. The court reversed the vacation order, holding that the trial court improperly denied the State its right to appeal by accepting a nolo contendere plea and resentencing the defendant in the sa
• Hurshel Ross Dodd v. Fla. Parole & Prob. Comm'n
  378 So. 2d 309· Fla. 1st DCA· 1979-12-17 ·via Writ Of Habeas Corpus
  The court held that the petitioner's failure to exhaust administrative remedies precluded mandamus relief, and habeas corpus relief was inappropriate as the present detention was lawful.
• Agee v. Wyrick
  610 F.2d 498· 8th Cir.· 1979-11-29
  The court should grant relief from an unconstitutionally enhanced sentence due to prosecutorial misconduct and ineffective assistance of counsel.
• Carmelo Canet v. Turner
  606 F.2d 89· 5th Cir.· 1979-11-07 ·via Habeas Corpus Petition
  The court held that a claim regarding an illegal sentence, based on a recent Florida Supreme Court ruling, was not exhausted and must be remanded for state court consideration. Other claims were affirmed.
• Brown v. State
  375 So. 2d 66· Fla. 2d DCA· 1979-09-28
  Inmate Brown challenged the summary denial of his habeas corpus petition challenging prison disciplinary proceedings that resulted in the loss of gain time. The court held that the circuit court had jurisdiction to consider his habeas corpus petition despite the availability of a
• Zygadlo v. Wainwright
  49 Fla. Supp. 153· Bradford Cty. Cir. Ct.· 1979-09-28
  A prison inmate challenges the loss of 180 days of gain time based on a disciplinary finding of "inciting a strike." The court grants the habeas corpus petition, finding that the disciplinary charge did not adequately support the specific offense of inciting a strike, as the char
• Francis v. State OF Md. & Dr. Harold M. Boslow
  605 F.2d 747· 4th Cir.· 1979-09-19
  The court held that the statutory scheme under which the appellant was convicted did not violate his Fourteenth Amendment right of equal protection, as territorial distinctions in juvenile jurisdiction served a rational state interest.
• Williams v. State
  375 So. 2d 586· Fla. 5th DCA· 1979-08-29
  The court remanded for a hearing to determine whether the defendant was improperly induced to plead guilty by a promise that his state sentence would run concurrently with his federal sentence, which the federal government could not honor.
• Patty v. Bordenkircher
  603 F.2d 587· 6th Cir.· 1979-08-16
  The court held that compelling a defendant to testify about prior convictions and denying the right to closing argument in a habitual criminal trial violate the Fifth and Sixth Amendments, respectively, and such violations are not subject to harmless error analysis.
• Markham v. Pitchess
  605 F.2d 436· 9th Cir.· 1979-08-07 ·via Habeas Corpus Petition
  The court held that the amended extradition treaty applies to offenses committed before its effective date if the extradition proceedings commenced after the amendment's effective date.
• Collins v. Turner
  599 F.2d 657· 5th Cir.· 1979-07-26
  The court held that the denial of a preliminary probation revocation hearing does not warrant habeas corpus relief when a subsequent full evidentiary hearing was constitutionally adequate.
• Baird v. Baird
  374 So. 2d 60· Fla. 3d DCA· 1979-07-24
  A Florida court exercised jurisdiction over a child custody matter under the Uniform Child Custody Jurisdiction Act, modifying an Arizona custody decree despite the father's contentions that Arizona retained continuing jurisdiction. The court affirmed that Florida properly assume
• Wood v. State
  375 So. 2d 10· Fla. 1st DCA· 1979-07-10 ·via Habeas Corpus Petition
• Hayden v. Miller
  372 So. 2d 538· Fla. 4th DCA· 1979-06-29
  The appellate court reversed a contempt order and paternity judgment because the trial court failed to appoint a guardian ad litem for the minor, as required by rule. This procedural defect rendered the original judgment voidable.
• Faulk v. Mabry
  600 F.2d 172· 8th Cir.· 1979-06-15
  The dismissal of a direct appeal by the United States Supreme Court for want of a substantial federal question operates as an adjudication on the merits, precluding relitigation of the same issues in a federal habeas corpus proceeding.
• Turner v. Wyrick
  594 F.2d 1207· 8th Cir.· 1979-03-08
  The court held that the state has no obligation to investigate to identify or locate a participant in a crime if it has already disclosed all information in its possession and has no reasonable leads.
• United States ex rel. John Sullivan v. Cuyler
  593 F.2d 512· 3d Cir.· 1979-02-14 ·via Habeas Corpus Petition
  The dissenting judge argues that the panel erred in finding a Sixth Amendment violation based on dual representation without requiring a showing of actual prejudice and without sufficient state action.
• Carlton Varnes v. Louie L. Wainwright
  365 So. 2d 453· Fla. 1st DCA· 1978-12-20 ·via Habeas Corpus Petition
  Varnes sought habeas corpus relief to compel the clerk to docket his notice of appeal from a Rule 3.850 motion denial without payment of filing fees. The court held that Florida appellate courts have internal rules waiving fees for appeals arising from criminal convictions, and t