7,506 Florida cases classified under this topic, plus 5,490 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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923 F.2d 284·
3d Cir.·
1991-01-16
·cited 20×
The court affirmed the district court's dismissal of the habeas corpus petition, holding that the Pennsylvania death penalty statute is constitutional as applied and that trial counsel was not ineffective.
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899 F.2d 1124·
11th Cir.·
1990-04-30
·cited 20×
The court held that granting bail to a convicted criminal pending habeas corpus consideration was improper because it provided more relief than he would be entitled to even if he prevailed.
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The court held that Coleman's claims were procedurally defaulted due to his failure to file a timely notice of appeal in state court, barring federal habeas review.
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The court held that trial counsel was not ineffective for failing to pursue a mental illness defense based on intoxication without psychosis, as it did not constitute a "mental disease or defect" under Missouri law.
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The court held that the petitioner's claims regarding the Texas death penalty statute were without merit and that his claim of denial of self-representation was an abuse of the writ, thus denying all relief.
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887 F.2d 1309·
7th Cir.·
1989-10-24
·cited 20×
The court held that the petitioner adequately alleged that his Wisconsin sentence was enhanced by prior Georgia convictions, and the district court had jurisdiction to hear the claim.
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The Fifth Circuit reversed the district court's conditional grant of habeas corpus relief regarding sentencing, finding the Mississippi contemporaneous objection rule was properly applied and that jury instructions were constitutional. The court affirmed the denial of the writ co
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The court held that the admission of the defendant's wife's out-of-court statements did not violate his Sixth Amendment right to confrontation or hearsay rules, and that the assertion of marital privilege did not render the statements inadmissible. The court also found no reversi
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866 F.2d 339·
10th Cir.·
1989-01-24
·cited 20×
The court held that the New Mexico Supreme Court's unforeseeable interpretation of parole statutes, which retroactively enhanced the petitioner's punishment by extending his mandatory parole eligibility period, violated the Due Process Clause of the Fourteenth Amendment.
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861 F.2d 875·
5th Cir.·
1988-12-19
·cited 20×
A defect in an Ohio indictment, such as the grand jury foreman failing to sign it, does not deprive the Ohio court of jurisdiction, and therefore, a Texas court may use such a conviction for sentence enhancement.
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863 F.2d 454·
6th Cir.·
1988-12-15
·cited 20×
The court held that the district court correctly denied the habeas corpus petition because there was no evidence of coercive police activity, which is a necessary predicate for finding a confession involuntary under the Due Process Clause.
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Norman Parker, under a death sentence, petitioned for habeas corpus relief challenging his conviction and capital sentence on seven grounds, including claims of ineffective assistance of counsel, jury instruction errors, and constitutional violations. The Florida Supreme Court de
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Leo Alexander Jones, under a death warrant for the murder of a Jacksonville police officer, petitions for habeas corpus relief based on Booth v. Maryland's prohibition on victim impact evidence in capital sentencing. The Florida Supreme Court denies relief, holding that Jones pro
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848 F.2d 582·
5th Cir.·
1988-06-30
·cited 20×
The dissenting judge argues that the prosecutor's remarks in the capital sentencing phase, which suggested the jury's responsibility was merely an "initial step" and that appellate courts would review their decision, violated the Eighth Amendment's requirement for reliability in
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875 F.2d 1361·
9th Cir.·
1988-06-17
·cited 20×
The court held that a parolee is not entitled to credit on his federal sentence for time served in state custody due to alleged administrative error by federal authorities or financial inability to post bail, nor is a parole regulation considered a 'law' for ex post facto clause
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The court held that Delaware Superior Court Criminal Rule 51 does not act as a procedural bar to claims raised for the first time in a Rule 35 proceeding when counsel did not object at trial or on appeal, and that the adequacy of a state procedural rule depends on consistent appl
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The court held that the state courts' refusal to interview a juror, based on a weak showing of potential bias, did not violate due process, and thus federal habeas relief was inappropriate.
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The court held that the record satisfied the requirements for accepting a guilty plea to a multiple offender charge to the extent they were applicable, and that the defendant failed to demonstrate ineffective assistance of counsel.
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805 F.2d 569·
5th Cir.·
1986-12-10
·cited 20×
The court held that federal habeas relief is barred by the procedural default rule (Wainwright v. Sykes) when a petitioner fails to make a contemporaneous objection in state court, unless cause and prejudice are shown.
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805 F.2d 885·
9th Cir.·
1986-12-05
·cited 20×
The court held that the Parole Commission provided adequate notice of potential consequences for parole revocation, including forfeiture of street time, and that the Commission's consideration of dismissed charges was permissible.
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The court held that the denial of lesser-included-offense instructions did not violate federal constitutional rights, the jury instructions on intent to rob were adequate, and the confession was voluntary.
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799 F.2d 1332·
9th Cir.·
1986-09-16
·cited 20×
A district court's issuance of a limited certificate of probable cause does not restrict the appellate court's review to only those issues stated in the certificate. The appellate court must address all issues raised by the petitioner.
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The court held that the petitioner failed to make a substantial showing of the denial of a federal right, thus denying the certificate of probable cause and dismissing the appeal.
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A federal court reviewing a state conviction via habeas corpus is limited to federal constitutional claims, and a guilty plea waives most preceding claims, including alleged defects in the indictment or lack of personal service.
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The court held that while errors in calculating a presumptive parole release date (PPRD) do not raise constitutional issues, the use of procedurally flawed disciplinary reports to extend a PPRD does present a colorable due process claim, and disparate treatment in PPRD modificati
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786 F.2d 610·
4th Cir.·
1986-03-10
·cited 20×
The court held that a state trial court's denial of a continuance, which resulted in the defendant proceeding to trial without counsel, did not violate the Sixth Amendment because the defendant failed to demonstrate a lack of fair opportunity to secure counsel and the denial was
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782 F.2d 1299·
5th Cir.·
1986-02-18
·cited 20×
The dissenting judge would hold that the alien's departure was not legally executed because of insufficient notice to his attorney, and therefore the district court erred in dismissing the habeas petition.
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The court held that the district court did not err in denying the habeas corpus petition, affirming the denial of relief.
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The court held that the state courts' rejection of the defendant's claims regarding false testimony and Brady violations was entitled to deference, and that the defendant's other claims lacked merit or were procedurally barred.
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The court held that the petitioner's Sandstrom claim is procedurally barred due to failure to object at trial, and the trial judge's comment did not render the trial fundamentally unfair.
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The Court held that the application of a new parole statute, which changed parole from a mandatory to a discretionary release, did not violate the Ex Post Facto Clause because the Board determined that releasing the inmate would be a detriment to the community, a reason that woul
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The court held that the appellant was not denied a full, fair, and adequate hearing on his competency to stand trial and did not receive ineffective assistance of counsel.
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The court held that the petitioner was denied effective assistance of counsel during the penalty phase of her trial due to counsel's failure to present mitigating evidence, and this failure prejudiced the defense.
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739 F.2d 568·
11th Cir.·
1984-08-20
·cited 20×
The court held that the Georgia statute prohibiting flag mutilation was unconstitutional as applied to the appellant's act of burning the flag during a political demonstration, as the act constituted protected symbolic speech.
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734 F.2d 1152·
6th Cir.·
1984-05-22
·cited 20×
The hearsay evidence relied upon by the Parole Commission was reasonably reliable, and therefore the district court should be affirmed.
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733 F.2d 735·
10th Cir.·
1984-05-07
·cited 20×
A district court order prohibiting a litigant from filing future complaints or petitions without payment of all filing fees violates 28 U.S.C. § 1915(a) by unduly impairing the litigant's constitutional right of access to the courts.
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The court held that the petitioner failed to make a substantial showing of the denial of a federal right, thus denying applications for certificates of probable cause and dismissing appeals.
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730 F.2d 1214·
9th Cir.·
1984-01-24
·cited 20×
The court held that the United States Parole Commission did not abuse its discretion in reconsidering and delaying a prisoner's parole date based on new information, even if that information existed prior to the initial parole decision but had not been considered.
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The dissenting judge argues that the petitioner failed to exhaust state remedies and did not demonstrate cause and prejudice for federal habeas review.
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720 F.2d 340·
4th Cir.·
1983-10-20
·cited 20×
The court held that habeas corpus is the proper procedural path for judicial review of an extradition certification, and that the judiciary has jurisdiction to ensure extradition does not violate constitutional rights, including those arising from an immunity agreement.
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714 F.2d 57·
8th Cir.·
1983-08-15
·cited 20×
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711 F.2d 497·
2d Cir.·
1983-07-06
·cited 20×
The court held that the Parole Commission did not impermissibly engage in "double counting" by considering aggravating factors already used to classify offense severity when setting a parole release date beyond the guidelines, and that considering prior conduct does not violate t
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707 F.2d 1060·
9th Cir.·
1983-06-08
·cited 20×
The court held that a sentencing judge's parole comment form or presentence report can be considered 'new and significant adverse information' if not available to hearing examiners at the time of their decision.
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Stowaways seeking asylum are entitled to a hearing before an immigration judge to determine their eligibility for asylum, despite statutory provisions that generally deny procedural rights to stowaways.
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704 F.2d 333·
6th Cir.·
1983-04-12
·cited 20×
The court held that new issues not presented to the district court cannot be raised for the first time on appeal in a habeas corpus proceeding.
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The court held that Ohio's statutory definition of reasonable doubt, when considered as a whole with other jury instructions, adequately conveyed the concept and did not violate due process. The court also held that the trial court was not constitutionally required to instruct th
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701 F.2d 844·
9th Cir.·
1983-03-18
·cited 20×
A federal prisoner must exhaust administrative remedies before filing a habeas corpus petition challenging parole decisions.
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The court concurred in the result remanding the case for an evidentiary hearing on claims of ineffective assistance of counsel.
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Petition for delayed appeal in a first-degree murder case denied on grounds of laches, where petitioner waited thirteen years after the legal right to seek delayed review was established.
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The court held that the cumulative effect of the appointed counsel's multiple errors demonstrated a level of performance below that of reasonably competent practitioners, and that the defendant was prejudiced by this ineffectiveness.