Petition For Writ Of Habeas Corpus

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

• Johnson v. Dugger
  520 So. 2d 565· Fla.· 1988-02-24 ·cited 18×·via Habeas Corpus Petition
  Larry Joe Johnson, under sentence of death for a 1979 first-degree murder, petitioned for habeas corpus relief arguing that the trial judge failed to consider nonstatutory mitigating evidence during sentencing. The Florida Supreme Court denied relief, holding that the judge's pro
• Green v. ARN
  839 F.2d 300· 6th Cir.· 1988-02-22 ·cited 18×
  The court held that the petitioner's release from custody and parole did not moot her habeas corpus action.
• Ronny A. Zamora v. Dugger
  834 F.2d 956· 11th Cir.· 1987-12-28 ·cited 18×·via Habeas Corpus Petition
  Fifteen-year-old Ronny Zamora was convicted of first-degree murder and other crimes in 1977 after his trial counsel raised an unsuccessful insanity defense based on "television intoxication." On habeas corpus review, Zamora claimed ineffective assistance of counsel on five ground
• Blackburn v. Foltz
  828 F.2d 1177· 6th Cir.· 1987-09-17 ·cited 18×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the petitioner was denied effective assistance of counsel due to counsel's failures to suppress prior convictions, investigate alibi, and obtain a trial transcript for impeachment.
• United States v. Kovic
  830 F.2d 680· 7th Cir.· 1987-09-17 ·cited 18×·via Habeas Corpus Petition
• Young v. Lynaugh
  821 F.2d 1133· 5th Cir.· 1987-07-20 ·cited 18×·via Habeas Corpus Petition
  The court held that the district court properly entertained the habeas petition but must reconsider the substantive claims, vacating the judgment and remanding for further proceedings.
• Cook v. Lynaugh
  821 F.2d 1072· 5th Cir.· 1987-07-07 ·cited 18×·via Writ Of Habeas Corpus
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, and that the petitioner's counsel was constitutionally deficient for failing to investigate a prior conviction used for sentence enhancement.
• Woratzeck v. Ricketts
  820 F.2d 1450· 9th Cir.· 1987-06-25 ·cited 18×·via Habeas Corpus Petition
  The court held that the claim of right defense is eliminated for robbery by statute and that no theft instruction was warranted due to lack of supporting evidence.
• Ochoa v. United States
  819 F.2d 366· 2d Cir.· 1987-05-22 ·cited 18×·via Habeas Corpus Petition
  The court held that a prisoner is not entitled to credit against a criminal contempt sentence for time spent in civil contempt, and the Parole Commission may rely on hearsay statements in a presentence report even if the sentencing court declined to consider them.
• Teague v. Lane
  820 F.2d 832· 7th Cir.· 1987-05-11 ·cited 18×
  The court held that the Sixth Amendment's fair cross-section requirement applies to the jury pool, not the petit jury itself, and therefore the prosecution's use of peremptory challenges to exclude Black jurors did not violate the defendant's Sixth Amendment rights.
• Chaussard v. Fulcomer
  816 F.2d 925· 3d Cir.· 1987-04-27 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner fairly presented his federal claims to the state courts, satisfying the exhaustion requirement for federal habeas corpus relief, and that his Sixth Amendment confrontation rights were not violated by the use of post-hypnosis testimony without a
• Trujillo v. Sullivan
  815 F.2d 597· 10th Cir.· 1987-04-01 ·cited 18×
  The court affirmed the dismissal of the habeas corpus petition, finding no constitutional violation in the trial court's procedures regarding lesser included offense instructions or jury voir dire.
• Cook v. Foltz
  814 F.2d 1109· 6th Cir.· 1987-03-31 ·cited 18×
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, but the petitioner's claim of ineffective assistance was meritless.
• Nirmal Singh Dhangu v. Immigr. & Naturalization Serv.
  812 F.2d 455· 9th Cir.· 1987-03-06 ·cited 18×·via Habeas Corpus Petition
  The court held that while district courts have jurisdiction to review discretionary stay denials by the INS, the habeas petition was moot because an automatic stay was already in effect. The court also held that the due process claim must first be addressed by the Board of Immigr
• Millard v. Lynaugh
  810 F.2d 1403· 5th Cir.· 1987-03-04 ·cited 18×
  The court held that the petitioner's federal habeas corpus petition was properly denied as his claims regarding speedy trial, invalid sentence enhancement, double jeopardy, ineffective assistance of counsel, and abuse of writ sanctions were without merit.
• Brennan v. Cunningham
  813 F.2d 1· 1st Cir.· 1987-03-03 ·cited 18×·via Habeas Corpus Petition
  A prisoner's revocation from a work release program, which is closely tied to parole and offers a measure of liberty beyond incarceration, implicates a liberty interest protected by due process. The revocation must be based on specific grounds outlined in state regulations and su
• Henderson v. Carlson
  812 F.2d 874· 3d Cir.· 1987-02-27 ·cited 18×·via Habeas Corpus Petition
  The dissenting judge would affirm the order appealed from, finding no substantial evidence to support the charge against the inmate.
• Routly v. Louie L. Wainwright
  502 So. 2d 901· Fla.· 1987-02-12 ·cited 18×
  Dan Edward Routly, a death row inmate, petitioned for habeas corpus relief alleging ineffective assistance of appellate counsel. The Florida Supreme Court denied all relief, finding no merit to Routly's claims of inadequate appellate representation, improper appointment procedure
• Crump v. Lane
  807 F.2d 1394· 7th Cir.· 1986-12-19 ·cited 18×
  The court held that the plaintiff must exhaust state remedies for his habeas corpus petition, and his § 1983 claims are also barred because they are ancillary to his claim for release and would require a determination of the legality of his confinement.
• Johnson v. Thigpen
  806 F.2d 1243· 5th Cir.· 1986-12-17 ·cited 18×·via Habeas Corpus Petition
  The court held that the Mississippi Supreme Court's inconsistent application of the 'especially heinous, atrocious or cruel' aggravating circumstance did not render the death sentence unconstitutional because the capital murder statute itself sufficiently narrows the class of eli
• Stewart v. Louie L. Wainwright
  494 So. 2d 489· Fla.· 1986-09-25 ·cited 18×
  Roy Stewart, a death row inmate, petitioned for a writ of habeas corpus and stay of execution, claiming the death penalty is imposed in Florida in a racially discriminatory manner. The Florida Supreme Court denied the petition, holding that such claims must be raised in post-conv
• Thigpen v. Smith
  792 F.2d 1507· 11th Cir.· 1986-06-20 ·cited 18×·via Habeas Corpus Petition
  The court held that the district court erred in approving a stipulation that allowed for piecemeal litigation of habeas corpus claims, violating the policies against successive petitions.
• United States v. O'Leary
  788 F.2d 1238· 7th Cir.· 1986-04-16 ·cited 18×
  The court held that the petitioner's appeal must be dismissed for lack of jurisdiction because the notice of appeal was not timely filed and no timely motion for an extension was made.
• Brock v. O.L. McCOTTER
  781 F.2d 1152· 5th Cir.· 1986-02-05 ·cited 18×·via Habeas Corpus Petition
  The court held that the prospective juror's inability to consider the death penalty under any circumstances justified her disqualification, the Texas sentencing scheme did not unconstitutionally prevent consideration of mitigating evidence, the prosecutor's comments did not viola
• Sampson v. Aileene Love
  782 F.2d 53· 6th Cir.· 1986-01-24 ·cited 18×
  The court held that a habeas petitioner must present new evidence to state courts if that evidence significantly alters the posture of the claim, even if the substance of the claim was previously presented.
• Crespo-Gomez v. Richard
  780 F.2d 932· 11th Cir.· 1986-01-21 ·cited 18×·via Habeas Corpus Petition
  The court held that the Board of Immigration Appeals did not abuse its discretion in finding the alien ineligible for asylum due to a conviction for a particularly serious crime, and that the district court erred in granting and refusing to dissolve a preliminary injunction.
• Holland v. Attorney General of New Jersey
  777 F.2d 150· 3d Cir.· 1985-11-22 ·cited 18×
  The admission of a co-defendant's confession implicating the defendant, even if deemed harmless error by state courts, violates the Sixth Amendment's Confrontation Clause and requires reversal unless the prosecution proves harmlessness beyond a reasonable doubt.
• Mancil Wallace v. Duckworth
  778 F.2d 1215· 7th Cir.· 1985-11-19 ·cited 18×
  The court held that the petitioner failed to exhaust his state court remedies because he did not present his Fourth Amendment claim to the Indiana Supreme Court in a procedurally proper manner that required the court to consider it on the merits.
• Fryer v. Crispus NIX
  775 F.2d 979· 8th Cir.· 1985-10-21 ·cited 18×·via Habeas Corpus Petition
  The court held that Fryer's habeas corpus petition was properly denied because the evidence was sufficient for conviction, the prosecution did not suppress material exculpatory evidence, his confession was voluntary, the voluntariness hearing was constitutionally adequate, and th
• Urdy v. O.L. McCOTTER
  773 F.2d 652· 5th Cir.· 1985-10-15 ·cited 18×·via Habeas Corpus Petition
  The court held that the district court erred by dismissing the habeas corpus petition for abuse of the writ without providing the pro se petitioner with adequate notice, including a Rule 9(b) form or equivalent.
• Armant v. Marquez
  772 F.2d 552· 9th Cir.· 1985-09-24 ·cited 18×
  The court should remand for an evidentiary hearing to determine if the pro se request was a tactic to delay trial, rather than immediately issuing a writ.
• Griggs v. Louie L. Wainwright
  473 So. 2d 49· Fla. 1st DCA· 1985-08-01 ·cited 18×
  The court held that the trial court correctly denied the petition for writ of habeas corpus because the petitioner failed to exhaust administrative remedies.
• Jones v. Louie L. Wainwright
  473 So. 2d 1244· Fla.· 1985-06-13 ·cited 18×·via Habeas Corpus Petition
  Leo Jones petitioned for habeas corpus alleging his appellate counsel rendered ineffective assistance during his direct appeal in a death penalty case. The Florida Supreme Court denied the petition, finding that Jones's counsel was not ineffective because the issues Jones wanted
• Julius v. Johnson
  755 F.2d 1403· 11th Cir.· 1985-03-05 ·cited 18×
  The court held that a defendant does not have a Sixth Amendment right to act as co-counsel in a criminal case.
• Kirkman v. Louie L. Wainwright
  465 So. 2d 1262· Fla. 5th DCA· 1985-02-15 ·cited 18×·via Writ Of Habeas Corpus
  Kirkman petitioned for habeas corpus relief after being resentenced for probation violation to 4.5 years without receiving credit for 4 years of imprisonment served before his initial parole release. The court held that Florida law requires sentencing courts to credit all prior p
• United States ex rel. Miles Cole v. Lane
  752 F.2d 1210· 7th Cir.· 1985-01-07 ·cited 18×
  The court held that fragmented co-defendant statements did not violate Bruton, and the claim of ineffective assistance of counsel due to antagonistic defenses was waived.
• Dickerson v. Walsh
  750 F.2d 150· 1st Cir.· 1984-12-18 ·cited 18×
  The court held that the petitioner failed to exhaust his state remedies regarding his equal protection claim, and therefore, federal jurisdiction should not be exercised.
• Palmes v. Louie L. Wainwright
  460 So. 2d 362· Fla.· 1984-11-02 ·cited 18×
  Timothy Palmes, a death row inmate, petitioned for habeas corpus and appealed the denial of his rule 3.850 motion to vacate his murder conviction and death sentence. The Florida Supreme Court rejected his claims, including that proportionality review was inadequate and that the s
• Miller v. Fenton
  741 F.2d 1456· 3d Cir.· 1984-08-17 ·cited 18×·via Habeas Corpus Petition
  The court held that the majority erred in treating the voluntariness of a confession as a question of fact, thereby deferring to state court findings, when Supreme Court precedent establishes it as a mixed question of law and fact requiring independent federal review.
• Nash v. Jeffes
  739 F.2d 878· 3d Cir.· 1984-07-10 ·cited 18×
• Irving v. Thigpen
  732 F.2d 1215· 5th Cir.· 1984-05-07 ·cited 18×·via Habeas Corpus Petition
  The court held that the Mississippi parole statute does not create a constitutionally protected liberty interest, thus precluding a due process claim. However, an equal protection claim based on racial discrimination requires exhaustion of state remedies.
• Adams v. State
  449 So. 2d 819· Fla.· 1984-05-02 ·cited 18×
  James Adams, convicted of first-degree murder and sentenced to death, appeals the denial of his post-conviction relief motion and petitions for habeas corpus. The Florida Supreme Court affirms the trial court's denial, rejecting his arguments that his death sentence relied on an
• Iuteri v. Nardoza
  732 F.2d 32· 2d Cir.· 1984-04-04 ·cited 18×
  The court held that the United States Parole Commission did not abuse its discretion by going beyond its guidelines to extend incarceration based on new, adverse information, and that the parole retardation procedure did not violate due process.
• Goode v. Louie L. Wainwright
  448 So. 2d 999· Fla.· 1984-04-02 ·cited 18×
  Arthur Goode petitioned for habeas corpus seeking to stay his execution pending a determination of his sanity. The Florida Supreme Court held that the governor has inherent authority to determine an inmate's sanity before execution, that Florida's statutory procedure does not vio
• Autry v. McKASKLE
  727 F.2d 358· 5th Cir.· 1984-03-01 ·cited 18×·via Habeas Corpus Petition
  The court held that a prisoner's decision to forgo mitigation evidence and prefer death over life imprisonment, if knowing and voluntary, does not render counsel ineffective for failing to seek a competency hearing. The court also held that the brief delay and uncertainty during
• Henry v. Louie L. Wainwright
  721 F.2d 990· 5th Cir.· 1983-12-13 ·cited 18×
  The court held that the trial judge's consideration of nonstatutory aggravating factors was not unconstitutional under Barclay v. Florida, and other claims regarding jury instructions, felony murder, ineffective assistance of counsel, and proportionality were also rejected.
• Nunez-Guardado v. Hadden
  722 F.2d 618· 10th Cir.· 1983-12-12 ·cited 18×·via Habeas Corpus Petition
  The court held that the Parole Commission did not abuse its discretion or violate the appellant's rights by considering the deaths of 13 aliens when setting his parole date above the guidelines.
• In re the Petition of Edwin Grant Hamilton
  721 F.2d 1189· 9th Cir.· 1983-12-12 ·cited 18×
  The court held that a jury instruction creating a presumption of intent, unconstitutional under Sandstrom v. Montana, cannot be harmless error if criminal intent was a disputed issue at trial.
• Bialkin v. Baer
  719 F.2d 590· 2d Cir.· 1983-10-11 ·cited 18×
  The court held that the Parole Commission did not abuse its discretion in classifying the offense as 'low moderate' severity and in setting a release date beyond the guideline range, as its decisions were rational and supported by the record.
• Neely v. Israel
  715 F.2d 1261· 7th Cir.· 1983-09-02 ·cited 18×·via Habeas Corpus Petition
  The court held that a defendant who testifies waives the privilege against self-incrimination for matters reasonably related to the subject of direct examination, and cross-examination on the Lessard-Wright incidents was within that scope.