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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Florida Supreme Court vacated a district court decision that increased Baxter's sentence on the State's appeal because Baxter was denied his constitutional right to counsel during that appellate proceeding.
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954 F.2d 1483·
9th Cir.·
1992-01-23
·cited 10×
The court held that the circumstantial evidence was sufficient to support the jury's finding that the murder occurred in Idaho, and that the admission of evidence relating to another murder for which the defendant was acquitted did not violate due process or double jeopardy. The
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The court held that the district court did not err in denying the habeas petition, affirming the denial of summary judgment on all grounds.
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The petition for a writ of habeas corpus is denied because the attorney's involvement was minimal and the petitioner could not have been prejudiced.
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The court denied the motion for stay of execution and suggestion for rehearing en banc.
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940 F.2d 363·
8th Cir.·
1991-08-01
·cited 10×
The court held that the district court did not err in denying the habeas petition, as counsel was not ineffective and the guilty plea was knowing and voluntary.
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The dissent argues that the new Minnesota parole regulations constitute a law for ex post facto purposes because they are binding on the agency and lack discretion, unlike federal guidelines. The dissent would find the regulations violate the ex post facto clause.
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936 F.2d 715·
2d Cir.·
1991-06-26
·cited 10×
The court held that while extensive delay in processing a criminal appeal can violate due process, unconditional release is not warranted unless the delay substantially prejudiced the outcome of the appeal. The district court erred in granting release without such a showing.
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A voluntary and intelligent guilty plea waives the right to collaterally attack convictions on double jeopardy grounds, unless the violation is apparent on the face of the indictment or record.
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932 F.2d 1430·
11th Cir.·
1991-06-10
·cited 10×
The court held that the district court erred in denying the habeas corpus petition because trial counsel's failure to object to a fingerprint card containing a prior arrest notation constituted ineffective assistance of counsel, prejudicing the defense.
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The court held that the trial court erred in not granting the defendant's request for a no-inference instruction, and that severance was not a constitutionally acceptable alternative.
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932 F.2d 159·
3d Cir.·
1991-05-10
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The court held that the district court's order provisionally granting habeas corpus was a final, appealable decision, and that the procedural default doctrine did not bar review of the petitioner's claim. The court vacated the district court's order and remanded for clarification
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The court held that the trial court's failure to provide a promised parole instruction, after allowing voir dire on the issue, impaired the defendant's right to intelligently exercise peremptory challenges, violating due process.
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The court affirmed the convictions, finding that identification procedures were not impermissibly suggestive, the refusal to sever counts was not an abuse of discretion, the search of belongings was consensual, and the initial stop was supported by probable cause.
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The court held that a federal prisoner's civil rights complaint challenging the fact or duration of confinement must be construed as a habeas corpus petition, and claims for damages as a Bivens action.
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The court held that trial counsel's failure to investigate a potential alibi defense and seek a continuance constituted ineffective assistance of counsel, and this deficiency prejudiced the defendant.
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923 F.2d 574·
8th Cir.·
1991-01-08
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The court held that the prosecutor's discretion to file a nolle prosequi was not abused, and double jeopardy did not attach before the jury was sworn. The appeal was timely filed.
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The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing when the petitioner raised colorable claims of ineffective assistance of counsel regarding failure to investigate competency and failure to appeal.
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919 F.2d 1270·
7th Cir.·
1990-12-11
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The court held that a petitioner's failure to demonstrate cause and prejudice for a procedural default in state court bars federal habeas corpus review, and illiteracy does not constitute cause.
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A suspect's statement, "I have to get me a good lawyer, man. Can I make a phone call?", made during custodial interrogation, constitutes an unequivocal request for counsel, requiring cessation of all questioning.
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916 F.2d 595·
10th Cir.·
1990-10-18
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A constructive amendment of the indictment occurred when the jury instruction allowed conviction for first-degree criminal sexual penetration based on digital penetration prior to the statutory change, which constituted a lesser offense, thus requiring reversal of that conviction
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916 F.2d 1352·
8th Cir.·
1990-10-16
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The court affirmed the district court's conditional grant of habeas corpus, holding that the prosecutor's discriminatory use of peremptory challenges violated the Equal Protection Clause and that the Garrett decision applied retroactively.
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914 F.2d 1438·
10th Cir.·
1990-09-25
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The court held that a guilty plea is not rendered involuntary or unintelligent by the defendant's fear of using a prior conviction that was later invalidated, especially when the prior conviction was not used for impeachment or sentence enhancement and the plea was entered to a l
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The court held that the state court's factual finding that no deal existed between the prosecutor and a key witness was supported by the record and thus presumed correct, meaning no knowing use of perjured testimony occurred. The court also held that the defendant's waiver of Mir
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The court held that the district court's failure to attach required findings to the presentence report was a ministerial error that could be corrected by ordering the report amended, and that the prisoner's other claims lacked merit.
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913 F.2d 474·
8th Cir.·
1990-08-31
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A magistrate has jurisdiction to enter final judgment in a habeas corpus case upon consent of the parties, and withheld evidence is material only if there is a reasonable probability that its disclosure would have changed the outcome of the proceeding.
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907 F.2d 589·
5th Cir.·
1990-08-07
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The court held that the petitioner was denied effective assistance of counsel because his attorney failed to investigate his mental health history, which likely impacted the outcome of his guilty plea.
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The Seventh Circuit affirmed the denial of the habeas petition, holding that Wisconsin's rule barring psychiatric opinion testimony on the issue of a defendant's capacity to form specific intent to kill is not unconstitutional.
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The court held that the government did not breach the plea agreement by opposing a sentence reduction or by failing to ensure personal appearance at all proceedings, but affirmed the district court's finding that the government breached the agreement regarding the return of the F
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A natural mother sought habeas corpus relief to obtain custody of her minor child from an attorney appointed as temporary custodian. The court denied the petition as meritless but used the occasion to sanction the mother's counsel for omitting material facts from the petition, in
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901 F.2d 1166·
2d Cir.·
1990-04-20
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A resident alien attempting to re-enter the United States is subject to exclusion laws, and was not 'admitted' if she remained under official restraint, even if she had passed initial inspection.
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898 F.2d 474·
5th Cir.·
1990-04-18
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An alien's departure from the United States after a deportation order moots any appeal of that order, divesting courts of statutory jurisdiction to review it.
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The court held that while a manslaughter conviction based on recanted testimony should be overturned, convictions for robbery and weapon possession should stand due to independent corroborating evidence and the limited scope of the recantation.
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898 F.2d 1367·
8th Cir.·
1990-03-27
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The court held that a federal evidentiary hearing is required to determine if the petitioner received ineffective assistance of counsel regarding the accomplice corroboration rule and whether his guilty plea was knowing and voluntary.
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557 So. 2d 1372·
Fla.·
1990-03-15
·cited 10×
Joseph Robert Spaziano sought a writ of habeas corpus and appealed the denial of his third motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850 in a death penalty case. The Florida Supreme Court, reviewing the case for the fifth time, affirmed the tria
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898 F.2d 15·
3d Cir.·
1990-03-14
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A restructuring of a sentence does not trigger the Pearce rule when the aggregate sentence is less than originally imposed and there is no evidence of vindictiveness by the sentencing court.
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896 F.2d 661·
2d Cir.·
1990-02-07
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The court held that a new Supreme Court rule requires federal courts to consider the merits of a habeas petition if the state appellate court's opinion does not clearly and expressly state that its judgment rests on a state procedural bar.
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890 F.2d 34·
7th Cir.·
1989-11-27
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The court held that the trial court's determination of jury impartiality was not manifestly erroneous and that the prosecutor's comments on the defendant's post-arrest silence were permissible.
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A petitioner is not considered "in custody" for purposes of a habeas corpus petition under 28 U.S.C. § 2254 if the sentence for the conviction being attacked has fully expired at the time the petition is filed.
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The court held that the district court's dismissals of the habeas corpus petitions were proper because the appellant failed to demonstrate a denial of due process or present sufficient facts to support his claims.
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883 F.2d 1276·
6th Cir.·
1989-08-29
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The court affirmed the denial of the habeas corpus petition, finding no merit in the claims of ineffective assistance of counsel, improper denial of severance, or cruel and unusual punishment.
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The court held that the trial judge's decision to shackle the defendant was not an abuse of discretion that denied due process, considering the specific security risks and the defendant's history.
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880 F.2d 670·
2d Cir.·
1989-07-24
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The court held that even if the trial court erred in limiting cross-examination, the error was harmless because the defendant failed to make an offer of proof regarding the relevance of the excluded questions and his trial counsel's actions obscured the intended purpose of the in
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A district court need not hold an evidentiary hearing on a § 2255 petition if the allegations are conclusory, speculative, and lack sufficient detail or independent proof of informant status.
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The court holds that the grant of habeas relief should be reversed because there was no denial of due process, despite the enhancement of Dale's punishment.
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877 F.2d 726·
8th Cir.·
1989-06-20
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A federal court lacks habeas corpus jurisdiction over a conviction whose sentence has completely expired, even if that conviction is used to enhance a subsequent sentence.
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The court held that the petitioner's claim of ineffective assistance of counsel is procedurally barred due to failure to exhaust state remedies within the prescribed time limits.
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871 F.2d 956·
11th Cir.·
1989-04-10
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The court held that the record was inadequate to resolve the conflict of interest claim and remanded for an evidentiary hearing.