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

• Floyd v. Parole & Prob. Comm'n
  509 So. 2d 919· Fla.· 1987-06-25 ·cited 12×
  The Florida Supreme Court held that indigent defendants are not constitutionally entitled to appointed counsel in all parole revocation proceedings, declining to extend its probation revocation rule to the parole context. The court determined that the Parole and Probation Commiss
• Johnson v. Williford
  821 F.2d 1279· 7th Cir.· 1987-06-04 ·cited 12×·via Habeas Corpus Petition
  The U.S. Parole Commission has statutory authority to decide parole suitability for D.C. Code offenders, but must apply D.C. parole laws and regulations, not federal ones.
• Allen v. Risley
  817 F.2d 68· 9th Cir.· 1987-05-07 ·cited 12×
  A state procedural default bars federal habeas review unless the petitioner demonstrates cause for the default and actual prejudice from the alleged error, and attorney error short of ineffective assistance does not constitute cause.
• Latella v. Norwood Jackson
  817 F.2d 12· 2d Cir.· 1987-04-27 ·cited 12×
  The court held that it lacked appellate jurisdiction because the notice of appeal was filed untimely.
• Boles v. Foltz
  816 F.2d 1132· 6th Cir.· 1987-04-24 ·cited 12×
  A request for counsel at arraignment invokes the Fifth Amendment right to counsel, and subsequent police-initiated interrogation on unrelated offenses violates the rule established in Edwards v. Arizona.
• Dooley v. George Petsock. Appeal of John Henry Dooley, Jr.
  816 F.2d 885· 3d Cir.· 1987-04-22 ·cited 12×·via Habeas Corpus Petition
  The court held that the majority erred in not remanding for an evidentiary hearing to determine if counsel was ineffective for failing to seek disqualification of the prosecutor, given the prosecutor's prior representation of the defendant.
• United States v. Aiello
  814 F.2d 109· 2d Cir.· 1987-03-18 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the district court erred in summarily denying the appellants' motion for a new trial without a hearing, as their affidavits raised genuine issues of material fact regarding conflicts of interest. The court affirmed the denial of Scaduto's motion to correct his
• Young v. Simmons
  506 So. 2d 434· Fla. 2d DCA· 1987-02-18 ·cited 12×
  The court held that while the trial court had jurisdiction, the dismissal was proper because the factual allegations did not establish grounds for a writ of habeas corpus.
• Ortega v. O.L. McCOTTER
  808 F.2d 406· 5th Cir.· 1987-01-23 ·cited 12×
  The court held that while some prosecutorial remarks were improper, they did not render the trial so fundamentally unfair as to deny due process, and thus habeas corpus relief was not warranted.
• Burnett v. Municipality OF Anchorage
  806 F.2d 1447· 9th Cir.· 1986-12-30 ·cited 12×·via Habeas Corpus Petition
  The court held that individuals arrested for DWI have no constitutional right to refuse a breathalyzer test, and criminalizing such refusal does not violate the Fourth or Fourteenth Amendments.
• Doherty v. Meese
  808 F.2d 938· 2d Cir.· 1986-12-23 ·cited 12×
  The court held that the Attorney General's rejection of the alien's designation of a deportation country, and the subsequent administrative process, were not subject to judicial intervention as they were within the scope of the Attorney General's discretion and did not violate du
• Huey P. Newton v. Superior Court OF Cal.
  803 F.2d 1051· 9th Cir.· 1986-11-03 ·cited 12×
  The court held that the state trial court did not err in refusing to apply res judicata to a prior order striking a sentence enhancement allegation, and that knowledge of one's felon status is not required for a conviction under California Penal Code § 12021(a).
• Jarrett v. Headley
  802 F.2d 34· 2d Cir.· 1986-09-25 ·cited 12×
  The court held that the district court erred in finding the pretrial identification procedures impermissibly suggestive, and therefore reversed the grant of the writ of habeas corpus.
• Wojtczak v. Fulcomer
  800 F.2d 353· 3d Cir.· 1986-09-09 ·cited 12×
  Inordinate delay by the state in processing post-conviction relief can excuse the federal habeas corpus exhaustion requirement.
• Earnest Lee Miller v. Louie L. Wainwright
  798 F.2d 426· 11th Cir.· 1986-08-14 ·cited 12×·via Habeas Corpus Petition
  The court held that the district court erred in applying the wrong legal standard to petitioners' claims of ineffective assistance of counsel, denial of access to grand jury testimony, and exclusion of mitigating sentencing evidence.
• Bermudez v. Smith
  797 F.2d 108· 2d Cir.· 1986-08-11 ·cited 12×
  The court held that an order dismissing some but not all claims in a habeas corpus petition is not a final order and thus not immediately appealable.
• Berry v. Phelps
  795 F.2d 504· 5th Cir.· 1986-07-30 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner's claim of discriminatory administration of the death penalty based on the victim's race does not warrant habeas relief, and thus affirmed the denial of relief and denied a stay of execution.
• Hoffer v. Morrow
  797 F.2d 348· 7th Cir.· 1986-07-15 ·cited 12×·via Habeas Corpus Petition
  An inconsistent jury verdict, where a defendant is convicted of multiple counts that contain mutually exclusive elements, does not constitute an implied acquittal for double jeopardy purposes and does not bar retrial.
• Volson v. Blackburn
  794 F.2d 173· 5th Cir.· 1986-07-11 ·cited 12×·via Habeas Corpus Petition
  The court held that the trial court did not err in refusing to appoint medical experts or grant a continuance, as the defendant failed to demonstrate his sanity was a significant factor or that he suffered prejudice.
• Bowden v. Kemp
  793 F.2d 273· 11th Cir.· 1986-06-17 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the petitioner abused the writ by failing to raise his discriminatory jury selection claim in prior habeas petitions.
• Moussa M. Nassar v. Sissel
  792 F.2d 119· 8th Cir.· 1986-06-03 ·cited 12×
  The court held that the appellant's due process rights were not violated by the alleged suppression or late disclosure of evidence, judicial misconduct, prosecutorial misconduct, or the admission of rebuttal evidence.
• Thomas v. Louie L. Wainwright
  486 So. 2d 574· Fla.· 1986-04-07 ·cited 12×
  Daniel Morris Thomas, a death row inmate, petitioned for habeas corpus claiming unconstitutional jury selection procedures in his capital murder trial. The Florida Supreme Court denied the petition, finding that Thomas waived his right to challenge the jury selection process by f
• Jones v. Smith
  786 F.2d 1011· 11th Cir.· 1986-03-20 ·cited 12×·via Habeas Corpus Petition
  The Supreme Court's recent actions on stay petitions in Grigsby claims provide clear direction to grant a stay in the instant case.
• Derwin Bourgeois v. Whitley
  784 F.2d 718· 5th Cir.· 1986-03-17 ·cited 12×·via Habeas Corpus Petition
  A defendant must be resentenced if the sentencing judge relied on unconstitutionally obtained prior convictions, even if the judge was aware of the underlying evidence.
• Adams v. Louie L. Wainwright
  484 So. 2d 1211· Fla.· 1986-02-26 ·cited 12×
  Aubrey Dennis Adams, a death row inmate, sought habeas corpus relief and a stay of execution scheduled for March 4, 1986, raising constitutional challenges to capital jury death qualification and claiming disproportionality of his sentence for murdering an eight-year-old girl. Th
• Jonas v. Louie L. Wainwright
  779 F.2d 1576· 11th Cir.· 1986-01-17 ·cited 12×·via Habeas Corpus Petition
  The court held that applying amended parole guidelines and vacating a presumptive parole release date due to escape does not violate the ex post facto clause, double jeopardy, or the Eighth Amendment.
• Gonce v. Warden Walter W. Redman
  780 F.2d 333· 3d Cir.· 1985-12-30 ·cited 12×·via Habeas Corpus Petition
  The court held that a federal habeas petition containing an unexhausted claim must be remanded to the district court for the petitioner to either delete the unexhausted claim or exhaust it in state court.
• Stawicki v. Thomas Israel & the Attorney Gen. of the State of Wis.
  778 F.2d 380· 7th Cir.· 1985-12-04 ·cited 12×
  The court held that a subsequent confession made after proper Miranda warnings is not automatically suppressed as fruit of the poisonous tree, even if initial on-street questioning violated Miranda, provided the confession itself was voluntary. The court also found the waiver of
• Bowden v. Kemp
  774 F.2d 1494· 11th Cir.· 1985-10-12 ·cited 12×
  The court held that the district court's dismissal of the successive habeas petition was correct, and the petitions for a certificate of probable cause and stay of execution are denied.
• Amadeo v. Kemp
  773 F.2d 1141· 11th Cir.· 1985-09-27 ·cited 12×
  The court held that the case must be remanded for an evidentiary hearing to determine if the petitioner had sufficient cause to overcome a procedural default in challenging jury composition.
• United States v. Greer
  772 F.2d 322· 7th Cir.· 1985-08-29 ·cited 12×
  The court held that the petitioner waived his constitutional claim regarding the use of his silence at pre-trial fitness examinations for federal habeas review because the Illinois Appellate Court relied on a state procedural rule (waiver) as an independent and adequate ground fo
• Milton v. P.J. Morris
  767 F.2d 1443· 9th Cir.· 1985-08-12 ·cited 12×
  A confined defendant electing to represent himself is constitutionally entitled to reasonable access to resources necessary for his defense, which can be provided through counsel's assistance or other adequate means.
• Long v. Louie L. Wainwright
  474 So. 2d 7· Fla. 1st DCA· 1985-08-01 ·cited 12×·via Habeas Corpus Petition
  Billy Joe Long seeks a belated direct appeal of his 1976 convictions for sexual battery, kidnapping, and false imprisonment. The court grants his habeas corpus petition for a belated appeal, finding that his trial counsel violated Anders v. California by failing to file a notice
• Allerd Sharlow v. Israel
  767 F.2d 373· 7th Cir.· 1985-07-22 ·cited 12×
  The court held that the exclusion of hearsay testimony did not violate the petitioner's Sixth Amendment right to present a defense because the testimony was not critical or reliable.
• Norman v. O.L. McCOTTER
  765 F.2d 504· 5th Cir.· 1985-07-15 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that while the district court erred in converting a motion to dismiss to summary judgment without notice, the error was harmless. The court affirmed the denial of the habeas corpus petition, finding no reversible error in the petitioner's claims.
• Roesevelt Hayes v. A.L. Lockhart
  766 F.2d 1247· 8th Cir.· 1985-07-09 ·cited 12×
  The court held that the appellant failed to demonstrate an actual conflict of interest from joint representation or ineffective assistance of counsel, and that his due process claim regarding a jury instruction was procedurally barred.
• Miller v. Bordenkircher
  764 F.2d 245· 4th Cir.· 1985-06-17 ·cited 12×·via Habeas Corpus Petition
  The court affirmed the district court's dismissal of the habeas corpus petition, holding that Habeas Corpus Rule 9(b) was properly invoked to deny the petition due to successive claims and abuse of the writ.
• Riner v. Owens
  764 F.2d 1253· 7th Cir.· 1985-06-14 ·cited 12×
  The majority holds that the petitioner demonstrated sufficient cause and prejudice to overcome waiver of his Sixth Amendment claim. The dissenting judge would hold that the petitioner failed to demonstrate prejudice and thus the claim should be denied.
• DiNAPOLI v. Ne. Reg'l Parole Comm'n
  764 F.2d 143· 2d Cir.· 1985-06-13 ·cited 12×·via Habeas Corpus Petition
  Federal parole guidelines are not 'laws' within the meaning of the ex post facto clause, and therefore, applying updated guidelines to an offense committed before their enactment does not violate the Constitution.
• Haruna Dabone v. Karn
  763 F.2d 593· 3d Cir.· 1985-06-07 ·cited 12×
  The court held that the petitioner's departure from the U.S. for two months on a planned, multi-continent trip constituted a 'meaningfully interruptive' departure, thus subjecting him to exclusion proceedings upon re-entry and rendering him ineligible for discretionary relief und
• Vassar v. Solem
  763 F.2d 975· 8th Cir.· 1985-06-04 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for an expert witness, refusing to suppress his confession, refusing to disqualify itself, or denying his motion for a new trial.
• In re The Adoption OF C.L.W. v. Weeks
  467 So. 2d 1106· Fla. 2d DCA· 1985-05-01 ·cited 12×
  Betty Fowler appeals a final adoption judgment granted to Helen and Arnold Weeks for her biological child. The Florida appellate court affirmed the adoption, holding that Florida law applied to the validity of the mother's consent and revocation, that Pennsylvania lacked jurisdic
• Adamson v. Ricketts
  758 F.2d 441· 9th Cir.· 1985-04-18 ·cited 12×·via Habeas Corpus Petition
  The court held that the admission of certain hearsay statements was a Confrontation Clause violation but harmless error, and that Arizona's death penalty statute is constitutional as applied.
• Augusto Suarez Ortega v. de Suarez
  465 So. 2d 607· Fla. 3d DCA· 1985-03-19 ·cited 12×
  A Florida court lacked subject matter jurisdiction to award child custody where the child's home state was Mexico under the Uniform Child Custody Jurisdiction Act (UCCJA), despite the mother's unilateral removal of the child to Florida. The court reversed orders denying the fathe
• Phelps v. Duckworth
  757 F.2d 811· 7th Cir.· 1985-02-27 ·cited 12×·via Habeas Corpus Petition
  The court held that the state failed to establish that the prosecutor's error was harmless beyond a reasonable doubt.
• Mathews v. Marshall
  754 F.2d 158· 6th Cir.· 1985-02-01 ·cited 12×·via Habeas Corpus Petition
  The dissenting judge would affirm the denial of habeas relief, finding no federal constitutional violation.
• Quiroz v. Wawrzaszek
  749 F.2d 1375· 9th Cir.· 1984-12-27 ·cited 12×·via Writ Of Habeas Corpus
  A defendant's knowing and intelligent waiver of constitutional rights is valid even if the trial judge did not explicitly advise them of the maximum sentence, provided counsel communicated this information.
• Sires v. Gabriel
  748 F.2d 49· 1st Cir.· 1984-11-20 ·cited 12×
  The court held that an injunction restricting a litigant's access to the courts cannot be issued without specific findings that the litigant has abused the judicial process or harassed defendants.
• Myers v. Linwood V. Stephenson
  748 F.2d 202· 4th Cir.· 1984-11-05 ·cited 12×·via Habeas Corpus Petition
  The court held that the case must be remanded to the district court for fact-finding to determine the actual receipt date of the notice of appeal, as the timeliness is unclear and crucial for appellate jurisdiction.
• Glinton v. Wille
  457 So. 2d 563· Fla. 4th DCA· 1984-10-10 ·cited 12×·via Writ Of Habeas Corpus
  Richard Glinton petitioned for habeas corpus review after his pretrial bond was revoked and he was adjudicated guilty of contempt of court for violating a bond condition prohibiting him from entering a specific neighborhood field. The court granted the petition, finding the bond