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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A prior uncounseled civil forfeiture for OWI can be used to enhance a subsequent criminal penalty for OWI, as it serves to notify the offender of their status and the state's policy, rather than punishing the prior offense itself.
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The court held that the petitioner's guilty plea was knowing and voluntary, and the repeal of a statute concerning sentence commutation did not violate the ex post facto clause.
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The majority erred by failing to give sufficient deference to the Texas Court of Criminal Appeals' findings regarding the jury charge and prosecutor's argument.
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707 F.2d 965·
7th Cir.·
1983-05-25
·cited 18×
The court held that the Illinois Post-Conviction Hearing Act does not provide a meaningful remedy for the petitioner's claim of ineffective assistance of appellate counsel, thus satisfying the exhaustion requirement for federal habeas corpus review.
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706 F.2d 498·
4th Cir.·
1983-05-18
·cited 18×
A guilty plea induced by gross misinformation from counsel regarding parole eligibility, even if not the primary concern, renders the plea involuntary and violates the Sixth Amendment right to counsel.
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706 F.2d 361·
2d Cir.·
1983-04-12
·cited 18×
The court held that a defendant's failure to raise incompetence on direct appeal does not bar federal habeas relief, as incompetence prevents a knowing waiver of rights. The trial court's failure to order a competency hearing despite conflicting psychiatric reports and other indi
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701 F.2d 900·
11th Cir.·
1983-03-28
·cited 18×
The court held that a habeas petitioner must demonstrate actual and substantial disadvantage from counsel's ineffectiveness, which was not shown here.
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700 F.2d 658·
11th Cir.·
1983-03-17
·cited 18×
The court held that the Immigration and Naturalization Service's Internal Operating Instruction (O.I.) 103.1(a)(1)(ii) does not confer substantive rights on aliens seeking deferred action status, as it is for the convenience of the INS and lacks the force of law.
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701 F.2d 810·
9th Cir.·
1983-03-16
·cited 18×
The court held that the prisoner was not denied due process by the untimely notice of referral or the extension of his parole date, and that his offense was correctly categorized.
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700 F.2d 110·
3d Cir.·
1983-02-15
·cited 18×
The court held that a procedural default does not bar federal habeas review if the petitioner can show the default was not a "deliberate bypass" of state court remedies, and remanded for findings on this issue.
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698 F.2d 213·
4th Cir.·
1983-01-10
·cited 18×
The dissent argues that the petitioner received constitutionally ineffective assistance of counsel due to counsel's failure to object to jury instructions that were later found to be unconstitutional.
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The court held that the failure to file a cross-appeal does not preclude review of a constitutional claim when affirming a grant of habeas corpus relief, especially when the claim is clear and necessary to prevent a miscarriage of justice.
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The court held that the defendant's allegations of ineffective assistance of counsel, if true, entitle him to an evidentiary hearing, and that the record does not conclusively refute these allegations.
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The court held that the appellant's constitutional rights were not violated during her state trial, and thus federal habeas corpus relief was properly denied.
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A federal court may deny a habeas corpus petition without ordering a response if the petition, on its face, fails to allege facts showing a constitutional violation.
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The court should remand the case to the district court to allow the state court an opportunity to consider unresolved issues of fact and law.
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649 F.2d 290·
5th Cir.·
1981-06-29
·cited 18×
The failure of retained counsel to timely file a petition for writ of certiorari to the Florida Supreme Court constitutes ineffective assistance of counsel under the Sixth and Fourteenth Amendments, entitling the petitioner to habeas corpus relief.
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The court affirmed the district court's denial of the habeas corpus petition and stay of execution, finding no constitutional errors in the petitioner's conviction or sentencing.
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The court held that a defendant's failure to object to identification procedures at trial, absent a showing of cause and prejudice, bars federal habeas review of the claim, and that such failure, when a tactical decision by counsel, does not constitute ineffective assistance of c
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A guilty plea does not waive claims regarding the effectiveness of counsel or the voluntariness of the plea, particularly if the plea was unintelligent due to lack of understanding of the crime's elements.
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640 F.2d 599·
5th Cir.·
1981-03-23
·cited 18×
The dissenting judge argues that federal habeas corpus relief is an inappropriate vehicle for addressing state child custody disputes, and that federal courts should defer to state courts in such matters.
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The court held that the pretrial identification, though suggestive, was reliable under the totality of the circumstances, and the jury selection process did not violate the fair cross-section requirement.
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642 F.2d 222·
8th Cir.·
1981-02-25
·cited 18×
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631 F.2d 37·
5th Cir.·
1980-11-17
·cited 18×
The court held that although the government's handling of the case involved confusion and delay, the petitioner was not prejudiced by these actions and therefore not entitled to habeas corpus relief.
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627 F.2d 71·
7th Cir.·
1980-08-06
·cited 18×
The court held that a district court order granting bail to a parolee pending revocation proceedings is not appealable as a final order, but the appeal may be heard under the 'capable of repetition, yet evading review' exception to mootness, and that such bail orders should be gr
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The dissenting judge believes the trial judge was not at fault for the due process violation, but rather ineffective assistance of counsel was the cause.
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610 F.2d 253·
5th Cir.·
1980-01-21
·cited 18×
The dissenting judge argues that the majority's decision to set aside a conviction based on statistical disparities in jury selection, without a claim of innocence, is improper and undermines the justice system.
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The court held that the district court did not err in denying a habeas corpus petition without an evidentiary hearing, as the appellant failed to establish a prima facie case of discrimination in jury selection.
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374 So. 2d 546·
Fla. 1st DCA·
1979-07-12
·cited 18×
Charles Bashlor, imprisoned 28 years for first-degree murder after a jury recommended mercy, petitioned for a writ of habeas corpus to obtain a delayed first appeal with appointed counsel. The court granted the petition, holding that Bashlor timely requested appeal assistance fro
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The failure to instruct the jury on manslaughter, when evidence supported it, constituted a due process violation cognizable in habeas corpus, as it removed the issue of malice from the jury's consideration.
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The court held that the State's new argument, raised for the first time on rehearing, would not be considered because it was not timely raised and lacked substantial justice. Furthermore, even if considered, the argument would fail as the state court's factual determination was n
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The court held that the Parole Commission did not abuse its discretion by considering the severity of the offense and by setting the parole hearing at the one-third point of the sentence, as its regulations allowed for such actions.
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A federal court should not grant habeas corpus relief if the petitioner has not exhausted available administrative remedies within the state prison system.
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A federal court may review a habeas corpus petition when state court delay in ruling on a new trial motion is excessive and effectively denies the petitioner's right to appeal.
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The court held that the state courts' denial of new trial motions, based on newly discovered evidence, did not violate due process because the evidence was found to be cumulative and not credible, and the state courts conducted a full and fair review.
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362 So. 2d 936·
Fla.·
1978-09-14
·cited 18×
Roland Gallie, convicted of cocaine possession, sought bond pending appeal of his conviction. The Florida Supreme Court upheld a statute and criminal rule prohibiting bail pending appeal for previously convicted felons whose civil rights have not been restored, rejecting both equ
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583 F.2d 618·
2d Cir.·
1978-09-12
·cited 18×
The court held that the trial judge did not abuse discretion by denying a continuance for an absent witness when the defense failed to show the witness's testimony would be relevant, material, and favorable.
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The court held that a significant statistical disparity between the percentage of black residents in the county and the percentage of black individuals on the master jury list, coupled with the opportunity for discrimination in the selection process, establishes a prima facie cas
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578 F.2d 176·
7th Cir.·
1978-06-14
·cited 18×
A district court's failure to adequately inquire into the factual basis of a guilty plea, especially when a potential entrapment defense was previously raised, renders the plea involuntary and requires vacating the conviction.
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A fugitive's inability to comply with state procedural rules for challenging grand jury composition, caused by their own flight, does not violate due process and does not excuse timely filing requirements.
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575 F.2d 749·
9th Cir.·
1978-05-24
·cited 18×
The court held that the Parole Commission improperly applied the 1976 Parole Commission and Reorganization Act retroactively to deny parole, and that reconsideration should be based on the law in effect at the time of sentencing.
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The court held that a prisoner's due process rights were not violated in parole rescission proceedings where he received notice, was represented by a staff member, had access to files, and there was sufficient support for the rescission decision.
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558 F.2d 548·
9th Cir.·
1977-08-01
·cited 18×
An appellate court lacks jurisdiction to hear an appeal from a denial of a state prisoner's habeas corpus petition unless the district court judge who denied the petition has issued a certificate of probable cause or stated reasons for denial. Permission to proceed in forma paupe
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557 F.2d 1303·
9th Cir.·
1977-07-21
·cited 18×
Collateral estoppel does not bar a parole revocation hearing after a criminal acquittal because parole revocation is a remedial, not punitive, proceeding with a lower burden of proof.
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The dissenting judge would reverse the majority's decision, finding no justification to invalidate the guilty plea.
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The court held that the admission of a co-defendant's confession, while constitutional error, was harmless beyond a reasonable doubt given the overwhelming independent evidence of guilt. Other claims regarding improper conviction, denial of hearings, severance, and prejudicial ev
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536 F.2d 1287·
9th Cir.·
1976-06-15
·cited 18×
The court held that the state court's determination that jury instructions, though improper, did not violate constitutional rights, and that the absence of exceptions precluded reversal absent manifest error, was not an unreasonable application of federal law.
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526 F.2d 840·
8th Cir.·
1975-12-11
·cited 18×
The federal courts lack jurisdiction to grant a writ of habeas corpus when the petitioner is no longer in custody, even if collateral consequences of the conviction remain.
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The court held that the trial judge's participation in plea negotiations did not violate constitutional standards, and the defendant was not denied effective assistance of counsel due to his attorney representing multiple defendants with potentially conflicting interests.
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322 So. 2d 897·
Fla.·
1975-11-12
·cited 18×
Kenneth Paul Schell sought habeas corpus relief for credit toward his sentence for time served on parole before his parole was revoked. The Florida Supreme Court held that under the amended Florida Statute 947.21, credit for time satisfactorily served on parole became discretiona