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

• Stone v. R.G. Godbehere
  894 F.2d 1131· 9th Cir.· 1990-02-01 ·cited 12×
  The court held that the Arizona statute and injunction were not unconstitutionally vague and did not violate due process, but that the amended sentencing order violated double jeopardy principles under Arizona law.
• LEE v. McCAUGHTRY
  892 F.2d 1318· 7th Cir.· 1990-01-16 ·cited 12×
  The court held that the admission of out-of-court accusations, offered to show the defendant's response and not for their truth, did not violate the Confrontation Clause, especially with a limiting instruction and prosecutor's argument consistent with that limitation.
• Riddick v. Edmiston
  894 F.2d 586· 3d Cir.· 1990-01-16 ·cited 12×·via Habeas Corpus Petition
  The court held that Miranda warnings are sufficient to inform a defendant of their Sixth Amendment right to counsel after indictment, and that a prosecutor's race-neutral explanation for a peremptory challenge, found credible by the trial court, satisfies Batson requirements.
• Young v. A.L. Lockhart
  892 F.2d 1348· 8th Cir.· 1989-12-29 ·cited 12×·via Habeas Corpus Petition
  The court held that the defendant knowingly and voluntarily waived his right to counsel by electing self-representation after his request for new counsel was denied.
• Lavin T. Balfour v. Haws
  892 F.2d 556· 7th Cir.· 1989-12-22 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner's claims regarding competency, ineffective assistance of counsel, missing photographs, and insufficient evidence did not warrant habeas corpus relief.
• Watson v. Estelle
  886 F.2d 1093· 9th Cir.· 1989-09-21 ·cited 12×
  The court held that the application of a later amendment to California's Determinate Sentencing Law, which allowed for parole hearings every three years instead of annually, did not violate the ex post facto clause because the law in effect at the time of the offense did not prov
• Shedelbower v. Estelle
  885 F.2d 570· 9th Cir.· 1989-09-12 ·cited 12×·via Habeas Corpus Petition
  The court held that the appellant's confession was not obtained in violation of his constitutional rights, as he initiated further discussion after invoking his right to counsel and validly waived those rights under the totality of the circumstances.
• Fender v. Thompson
  883 F.2d 303· 4th Cir.· 1989-08-24 ·cited 12×
  The court held that applying an amended statute to revoke a prisoner's pre-existing parole eligibility, even after an escape, violates the ex post facto clause of the Constitution.
• Hamilton v. Vasquez
  882 F.2d 1469· 9th Cir.· 1989-08-23 ·cited 12×·via Habeas Corpus Petition
  The court held that a district court must sua sponte review the state court record when a habeas petition raises mixed questions of law and fact, such as whether shackling a defendant during trial violated due process.
• Endress v. Dugger
  880 F.2d 1244· 11th Cir.· 1989-08-21 ·cited 12×
  The district court properly applied the presumption of correctness to state appellate court findings and correctly concluded that the petitioner's statements were voluntary and not the product of illegal interrogation.
• Dunn v. Simmons
  877 F.2d 1275· 6th Cir.· 1989-06-13 ·cited 12×
  The court held that the Kentucky Supreme Court's procedure for challenging guilty pleas does not violate the Constitution, as it requires the defendant to present evidence of invalidity before the state must prove the plea's validity.
• Ragan v. Dugger
  544 So. 2d 1052· Fla. 1st DCA· 1989-05-25 ·cited 12×
  Joseph Ragan petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel for failing to challenge the trial court's retention of jurisdiction without stating contemporaneous, specific reasons as required by statute. The court granted the petition,
• McCOY v. Lynaugh
  874 F.2d 954· 5th Cir.· 1989-05-22 ·cited 12×·via Habeas Corpus Petition
  The court affirmed the denial of a certificate of probable cause, finding no substantial issue on the merits regarding jury disqualifications.
• Brooks v. Jones
  875 F.2d 30· 2d Cir.· 1989-05-12 ·cited 12×
  The court held that a habeas corpus petitioner need not exhaust state remedies if state court processes have been demonstrably ineffective due to neglect and delay.
• Anant Kumar Tripati v. United States Parole Comm'n
  872 F.2d 328· 9th Cir.· 1989-04-12 ·cited 12×
  The court held that the Sentencing Reform Act's repeal of the statute allowing deviation from parole guidelines did not apply to individuals convicted before the repeal's effective date, and thus did not invalidate the Parole Commission's decision.
• Rawls v. State
  540 So. 2d 946· Fla. 5th DCA· 1989-04-12 ·cited 12×·via Writ Of Habeas Corpus
  Jake Rawls petitioned for a writ of habeas corpus to challenge a trial court's refusal to reduce his bail from $20,000 for drug possession charges. The Florida appellate court held that while bond schedules serve a valid purpose, courts must conduct individualized case-by-case as
• J.B. Parker v. State
  542 So. 2d 356· Fla.· 1989-03-23 ·cited 12×
  The court held that the trial court properly denied the motion for postconviction relief and the petition for a writ of habeas corpus, affirming the denial.
• Ross v. Petsock George
  868 F.2d 639· 3d Cir.· 1989-02-28 ·cited 12×·via Habeas Corpus Petition
  The court should remand the case to the district court for reconsideration of the ineffective assistance of counsel claim, as the district court failed to review the state record to determine if the claim was fairly presented.
• Stringer v. Jackson
  862 F.2d 1108· 5th Cir.· 1988-12-22 ·cited 12×
  The court held that the petitioner's claims of prosecutorial misconduct, erroneous jury instructions, and ineffective assistance of counsel were either procedurally barred or without merit, affirming the denial of the writ of habeas corpus.
• Howard v. Pung
  862 F.2d 1348· 8th Cir.· 1988-12-16 ·cited 12×
  The court held that a Fourth Amendment claim is barred in a habeas petition if the state provided a full and fair opportunity to litigate it, and any error in admitting a confession was harmless beyond a reasonable doubt due to overwhelming evidence.
• Filiberto Ojeda Rios v. Wigen
  863 F.2d 196· 2d Cir.· 1988-11-29 ·cited 12×
  A prior lengthy pretrial detention does not automatically render subsequent pretrial detention on new charges unlawful, even if the conduct was known previously.
• Sanders v. Lane
  861 F.2d 1033· 7th Cir.· 1988-11-10 ·cited 12×·via Habeas Corpus Petition
  A judicial order prohibiting attorney-client communication during a trial recess violates the Sixth Amendment right to counsel, but such a violation is subject to harmless error analysis if it does not contaminate the entire proceeding.
• Rayborn v. Scully
  858 F.2d 84· 2d Cir.· 1988-09-20 ·cited 12×·via Habeas Corpus Petition
  The court affirmed the dismissal of the habeas corpus petition, holding that the defendant's Sixth Amendment right to a speedy trial was not violated despite a seven-year delay.
• Boniface v. P.M. Carlson
  856 F.2d 1434· 9th Cir.· 1988-09-15 ·cited 12×
  The court held that the Parole Commission's failure to provide advance notice of potential street time forfeiture violated due process, but the denial of credit for time spent in state custody due to a federal detainer was proper because the state credited that time.
• Earnest Walker v. A.L. Lockhart
  852 F.2d 379· 8th Cir.· 1988-07-28 ·cited 12×
  The court held that counsel's decision not to seek a mistrial after a jury intrusion, based on a reasoned strategic assessment of the jurors' impartiality, did not constitute ineffective assistance of counsel.
• Malone v. Avenenti
  850 F.2d 569· 9th Cir.· 1988-06-28 ·cited 12×
  The court held that the appellant's request for an extension of time was untimely and that the district court could not grant an effective extension ex parte without notice to the state.
• Byrne v. Hilton Butler
  847 F.2d 1135· 5th Cir.· 1988-06-13 ·cited 12×
  The court denied the application for a certificate of probable cause and a stay of execution, finding the petitioner failed to make a substantial showing of the denial of a federal right and did not demonstrate a substantial case on the merits or that the balance of equities weig
• Smith v. Kemp
  849 F.2d 481· 11th Cir.· 1988-06-13 ·cited 12×·via Habeas Corpus Petition
  The court held that it lacked jurisdiction to hear the appeal and cross-appeal because the district court's order was not a final judgment under 28 U.S.C. § 1291 and lacked the necessary Rule 54(b) certification.
• Giarratano v. Murray
  847 F.2d 1118· 4th Cir.· 1988-06-03 ·cited 12×·via Habeas Corpus Proceedings
  The court, in a concurring opinion, expresses doubt about the plaintiffs' standing to prosecute their case due to the consistent provision of counsel in state post-conviction proceedings.
• Singleton v. Thigpen
  847 F.2d 668· 11th Cir.· 1988-05-27 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner was not denied effective assistance of counsel and that his confession was voluntary, affirming the denial of federal habeas relief.
• Cade Allen Plazinich v. Lynaugh
  843 F.2d 836· 5th Cir.· 1988-05-02 ·cited 12×·via Habeas Corpus Petition
  The court held that a police officer's statement to a suspect about his co-defendant's suicide attempt, after the suspect had invoked his right to counsel and interrogation had ceased, did not constitute 'interrogation' under Edwards v. Arizona, and therefore did not violate the
• Leviston v. Black
  843 F.2d 302· 8th Cir.· 1988-04-04 ·cited 12×
  The court held that the defendant was not in custody for Miranda purposes during the interviews, and therefore Miranda warnings were not required.
• Prantil v. State OF Cal.
  843 F.2d 314· 9th Cir.· 1988-03-31 ·cited 12×
  The court held that the prisoner's claims of insufficient evidence, erroneous jury instructions, denial of judicial immunity, and pre-indictment delay did not violate his due process rights, and thus affirmed the district court's dismissal of his habeas corpus petition.
• Walker v. J.O. Davis
  840 F.2d 834· 11th Cir.· 1988-03-23 ·cited 12×
  The court held that the prosecutor's conduct in acting as both witness and advocate, combined with the lack of overwhelming evidence, rendered the trial fundamentally unfair, thus meeting the standard for federal habeas review despite the procedural default.
• Torrey v. Estelle
  842 F.2d 234· 9th Cir.· 1988-03-23 ·cited 12×
  The court held that a prisoner's resentencing to state prison after being committed to the Youth Authority was a collateral consequence, not a direct one, and thus the trial court was not required to advise him of this possibility at the time of his guilty plea.
• Lawrence v. Jones
  837 F.2d 1572· 11th Cir.· 1988-02-26 ·cited 12×·via Habeas Corpus Petition
  The court held that while the petitioner's delay in challenging his conviction was unreasonable, the state failed to demonstrate particularized prejudice caused by that delay, thus vacating the dismissal and remanding for further proceedings.
• Bridge v. Lynaugh
  838 F.2d 770· 1st Cir.· 1988-02-18 ·cited 12×·via Habeas Corpus Petition
  The court held that the trial court did not err in excluding evidence of a co-defendant's conviction and sentence, and that the appellant's claims of ineffective assistance of counsel lacked merit.
• In re Tyler
  839 F.2d 1290· 8th Cir.· 1988-01-28 ·cited 12×·via Habeas Corpus Petition
  The court held that the district court did not err in limiting an inmate's filings and imposing conditions due to his abusive litigation practices.
• Misasi v. United States Parole Comm'n
  835 F.2d 754· 10th Cir.· 1987-12-21 ·cited 12×
  The court held that the Parole Commission's reasons for setting the parole eligibility date beyond the guidelines lacked a rational basis in the record, as one reason was factually incorrect and the other was non-specific.
• Reza Emami v. United States Dist. Court FOR the N. Dist. OF Cal.
  834 F.2d 1444· 9th Cir.· 1987-12-18 ·cited 12×
  The court affirmed the denial of the petition for writ of habeas corpus, holding that the district court had jurisdiction to order extradition and that the evidence presented was competent.
• O'Halloran v. Ryan
  835 F.2d 506· 3d Cir.· 1987-12-18 ·cited 12×·via Habeas Corpus Petition
  A state prisoner seeking federal habeas corpus relief must exhaust available state remedies, including developing necessary factual support through state post-conviction procedures, before the federal court will consider the merits of the claim.
• Fike v. James
  833 F.2d 1503· 11th Cir.· 1987-12-15 ·cited 12×
  The court held that the state court's finding that the petitioner initiated further communication after invoking his right to counsel is entitled to a presumption of correctness, and thus the subsequent waiver and statement were valid.
• Schwartz v. Muncy
  834 F.2d 396· 4th Cir.· 1987-12-02 ·cited 12×·via Habeas Corpus Petition
  The court held that applying Virginia's 1979 parole eligibility statute to Schwartz's 1978 conviction violates the ex post facto clause.
• Procter v. Butler
  831 F.2d 1251· 5th Cir.· 1987-11-16 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner waived his Sandstrom claim due to failure to object at trial, Batson is not retroactive on collateral review, ineffective assistance of counsel was not demonstrated, joinder of charges was not prejudicial, and evidence was sufficient for convict
• Adams v. Louie L. Wainwright
  512 So. 2d 1077· Fla. 1st DCA· 1987-09-11 ·cited 12×·via Habeas Corpus Petition
  A Florida prisoner challenged disciplinary hearing proceedings that resulted in 120 days of gain time loss. The court reversed the trial court's dismissal of the habeas corpus petition, finding the prisoner entitled to an evidentiary hearing on claims that he was denied the const
• LaMERE v. Risley
  827 F.2d 622· 9th Cir.· 1987-09-10 ·cited 12×
  The prosecution's failure to disclose potential rebuttal witnesses, without sufficient good cause, violated the defendant's due process rights under Montana's notice-of-alibi statute.
• Williams v. Weldon
  826 F.2d 1018· 11th Cir.· 1987-09-08 ·cited 12×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the identification procedures, ineffective assistance of counsel, or prosecutorial misconduct.
• Smith v. Ylst
  826 F.2d 872· 9th Cir.· 1987-09-01 ·cited 12×·via Habeas Corpus Petition
  The court held that a defendant must show specific prejudicial errors to prove ineffective assistance of counsel due to attorney mental incapacity, and that the trial court did not err in denying an evidentiary hearing on counsel's competence.
• Ewing v. Rodgers
  826 F.2d 967· 10th Cir.· 1987-08-19 ·cited 12×·via Habeas Corpus Proceedings
  The court held that habeas corpus actions arising from criminal confinement are not 'civil actions' within the meaning of the Equal Access to Justice Act (EAJA), and thus attorney's fees cannot be awarded under it.
• Campos v. LeFEVRE
  825 F.2d 671· 2d Cir.· 1987-08-03 ·cited 12×
  A notice of appeal filed untimely cannot be treated as a motion for an extension of time under the amended Federal Rule of Appellate Procedure 4(a)(5); a separate motion is required.