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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698 F.2d 208·
4th Cir.·
1982-12-23
·cited 20×
The Commission was authorized to reopen parole proceedings based on previously existing but unconsidered information, and its actions did not create a presumption of vindictiveness.
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The court held that the appellant failed to establish a prima facie case of discrimination in the selection of grand jury venires or forepersons, and thus, her habeas corpus petition was properly denied.
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The court held that the misallocation of the burden of proof on the defendant to prove his unfitness to stand trial was not harmless error, as there was a reasonable possibility that the trial judge would have found the defendant unfit had the burden been correctly placed on the
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The court held that while the denial of in forma pauperis status and dismissal of a claim based on state procedural rules were proper, other claims regarding an involuntary guilty plea stated a valid basis for federal habeas corpus relief.
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675 F.2d 870·
7th Cir.·
1982-04-13
·cited 20×
The court held that the district court erred in granting summary judgment for the petitioner, as the state record, despite the lack of a verbatim transcript, sufficiently demonstrated the voluntary and knowing waiver of constitutional rights.
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671 F.2d 1150·
8th Cir.·
1982-03-01
·cited 20×
The dissenting judge holds that the defendant's statements were voluntary and admissible, distinguishing the case from Edwards v. Arizona.
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670 F.2d 941·
11th Cir.·
1982-02-28
·cited 20×
The Eleventh Circuit granted a stay of execution, finding the appeal was not frivolous and raised substantial issues, including a due process claim regarding psychological screening data.
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A prisoner waives the right to appeal the denial of habeas corpus relief by failing to object to the magistrate's findings and recommendations.
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Betty Jean Hardy challenged her parole aggravation by the Parole and Probation Commission on habeas corpus grounds, claiming the Commission improperly used elements of her accessory-after-the-fact conviction as an aggravating factor. The appellate court affirmed the trial court's
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659 F.2d 440·
4th Cir.·
1981-09-16
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The court held that the Parole Commission improperly considered offense severity for a youth offender sentenced before 1976, violating the ex post facto clause, and that the prisoner's claim regarding insufficient evidence for a second alleged robbery warranted an evidentiary hea
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653 F.2d 1153·
7th Cir.·
1981-07-10
·cited 20×
A juvenile's request to speak with his father during custodial interrogation does not automatically invoke his Fifth Amendment rights to silence or counsel, and his confession can be voluntary under the totality of the circumstances.
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651 F.2d 605·
8th Cir.·
1981-06-23
·cited 20×
The district court erred in summarily dismissing the habeas corpus petition without an evidentiary hearing or adequate development of the record, particularly given the alleged due process violations and lack of a written decision by the prison disciplinary board.
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The Court held that the harmless error rule can apply to due process violations concerning juvenile transfer orders, and that the 'deliberate bypass' rule, not 'cause and prejudice,' governs procedural defaults involving failure to appeal.
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646 F.2d 1229·
8th Cir.·
1981-04-10
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The court held that the introduction of preliminary hearing testimony from an unavailable witness, who was subject to cross-examination, is constitutionally permissible under the Confrontation Clause, and that other alleged errors were matters of state law not rising to constitut
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The court held that the petitioner's Sixth Amendment confrontation clause rights were not violated by hearsay remarks or opening statement summaries, and the pandering statute was not unconstitutionally vague. Furthermore, the petitioner did not receive ineffective assistance of
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394 So. 2d 178·
Fla. 1st DCA·
1981-02-13
·cited 20×
Prison inmates challenged the venue of their constitutional rights claims filed in Bradford County (site of Florida State Prison) rather than Leon County (where the state officials' principal headquarters were located). The court affirmed the trial court's denial of the state's m
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The court held that the petitioner had not exhausted his state remedies because the state court did not have a fair opportunity to consider the evidence of his incompetency.
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631 F.2d 458·
6th Cir.·
1980-10-08
·cited 20×
The absence of counsel at a preliminary hearing is subject to harmless error analysis, and automatic reversal is not required.
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The court held that the appellant's claims of ineffective assistance of counsel and inadequate review were insufficient to warrant habeas corpus relief.
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617 F.2d 7·
1st Cir.·
1980-03-18
·cited 20×
The court held that a federal habeas corpus petition must be dismissed if the specific legal theory supporting the constitutional claim was not fairly presented to the state courts.
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The court held that a witness's refusal to answer questions about unrelated drug dealings, even if potentially relevant to credibility, did not require striking his direct testimony when those questions were collateral to the subject of his direct testimony and the defendant was
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376 So. 2d 466·
Fla. 3d DCA·
1979-11-06
·cited 20×
Hammond petitioned for habeas corpus challenging his 60-day jail commitment for civil contempt of failing to pay child support. The Florida District Court of Appeal granted the petition and ordered his discharge, finding the commitment order defective because it lacked required f
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612 F.2d 36·
2d Cir.·
1979-11-05
·cited 20×
The court held that the trial court's finding that the petitioner was not represented by counsel in a 1949 Oklahoma conviction was clearly erroneous, as it was contradicted by documentary evidence and the petitioner's delay prejudiced the state.
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The United States Parole Commission has the authority to order a parole violator's term to run consecutive to a new sentence and to forfeit good-time credit and credit for time served on parole.
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The court held that the state record was insufficient to determine if the guilty plea was voluntary, requiring a remand for a hearing on that issue.
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The court held that the statute authorizing federal officials to contract with states for prisoner custody does not restrict the use of federal prison facilities to only those state offenders in need of treatment.
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The district court erred by dismissing habeas corpus petitions without considering factual allegations contradicting state court findings and by failing to determine if state remedies were ineffective.
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578 F.2d 190·
7th Cir.·
1978-06-26
·cited 20×
The court held that the admission of hearsay evidence and the notice provided for the probation revocation hearing did not violate the petitioner's due process rights.
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A federal court must grant an evidentiary hearing in a habeas corpus action if relevant facts are disputed and a fair evidentiary hearing was not granted in state court; however, if no relevant facts are disputed, the court may dismiss the petition without a hearing.
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345 So. 2d 388·
Fla. 1st DCA·
1977-05-03
·cited 20×
A natural father appeals an order awarding custody of his two minor children to their maternal grandmother following the mother's death. The court reverses, holding that a natural parent has a fundamental right to custody of his children absent a finding of unfitness or clear and
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The court held that the dual sovereignty doctrine permits successive state and federal prosecutions for the same act, and collateral estoppel and full faith and credit do not apply when different sovereigns are involved.
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550 F.2d 1019·
5th Cir.·
1977-04-14
·cited 20×
The court held that a federal habeas corpus petitioner must demonstrate actual prejudice to raise jury composition issues not objected to at trial, and that claims of unfair trial and ineffective assistance of counsel were not supported by the evidence or were harmless.
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Elsa Iris Lugo petitioned for a writ of habeas corpus challenging her arrest under a Miami Springs municipal ordinance prohibiting female employees from exposing their breasts. The Florida District Court of Appeal affirmed the lower court's decision that the ordinance was unconst
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A guilty plea, entered with advice of counsel, breaks the chain of prior constitutional violations, and federal habeas relief is limited to the voluntariness and knowing character of the plea itself.
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A prosecutor's threat to seek a harsher sentence under an habitual criminal statute if a defendant refuses to plead guilty to a lesser charge violates due process.
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534 F.2d 1007·
2d Cir.·
1976-03-26
·cited 20×
The court held that a defendant's right to proceed pro se is sharply curtailed once a trial has begun, and the trial judge's assessment of prejudice versus disruption is given considerable weight.
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The court held that a prima facie case of jury discrimination was established when a substantial disparity existed between the percentage of blacks in the county and the percentage on the master jury list, coupled with a jury selection process that allowed for subjective judgment
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The court held that Florida's consistent refusal to recognize ineffective assistance of privately retained counsel as a basis for post-conviction relief renders exhaustion of state remedies futile for such claims. The court also held that a 1965 search of an arrestee's apartment,
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530 F.2d 231·
9th Cir.·
1976-01-12
·cited 20×
The court should have required an early parole revocation hearing for parolees with detainers based on new convictions.
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The court held that authenticated depositions and warrants are admissible in extradition hearings, and that sufficient competent evidence existed to support the finding of extraditability, even if some evidence was hearsay.
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515 F.2d 668·
D.C. Cir.·
1975-07-03
·cited 20×
The court held that a servicemember seeking a discharge from the Army need not exhaust remedies before the Army Board for Correction of Military Records after exhausting regular administrative channels.
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516 F.2d 986·
4th Cir.·
1975-05-29
·cited 20×
A federal court need not grant an evidentiary hearing or compel testimony with immunity if the state court record adequately addresses claims of perjured testimony and prosecutorial misconduct.
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510 F.2d 844·
2d Cir.·
1975-02-10
·cited 20×
The court held that the district court erred in denying an evidentiary hearing on the petitioner's claim that his guilty plea was based on a misunderstanding of sentencing possibilities due to erroneous legal advice from his attorney.
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300 So. 2d 271·
Fla. 2d DCA·
1974-08-02
·cited 20×
In this habeas corpus petition, the Florida District Court of Appeal addressed whether a trial court must release on own recognizance a defendant whose suppression motion granted during an interlocutory state appeal. The court held that the statute's mandatory language "shall" is
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495 F.2d 35·
8th Cir.·
1974-04-23
·cited 20×
A defendant can voluntarily, knowingly, and intelligently waive their right to have counsel present at an interrogation even after counsel has been appointed.
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A defendant must be advised of the direct consequences of a guilty plea, including the potential punishment, to ensure the plea is knowing and voluntary.
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The court held that the petitioner was denied due process because he was not afforded timely notice of critical steps in the commitment process, an opportunity to review and object to the data used for his evaluation, and timely assistance of counsel.
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The court held that appellate counsel's failure to raise certain trial errors on appeal did not constitute ineffective assistance of counsel, as those errors lacked arguable merit.
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The court held that while the burden of proof is generally on the petitioner in habeas corpus, in the special circumstances of a pre-Bolton acquitee whose confinement has exceeded the maximum potential sentence, the government may bear the burden of proving continued mental illne