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

• Robtoy v. Kincheloe
  871 F.2d 1478· 9th Cir.· 1989-03-31 ·cited 10×
  The court held that a sentence of life without parole is unconstitutional under United States v. Jackson if it is imposed only on defendants who choose to go to trial rather than plead guilty. The court also held that the denial of a motion to change a plea and the admissibility
• Rushing v. Butler
  868 F.2d 800· 5th Cir.· 1989-03-30 ·cited 10×·via Habeas Corpus Petition
  The introduction of victim impact evidence during the sentencing phase of a capital trial violates the Eighth Amendment by creating an impermissible risk that the death penalty will be imposed arbitrarily.
• United States ex rel. Bernard Wandick v. James A. Chrans & Neil Hartigan
  869 F.2d 1084· 7th Cir.· 1989-03-15 ·cited 10×
  The court held that the petitioner voluntarily and intelligently waived his right to a jury trial and that sufficient evidence supported his conviction.
• Rahming v. T.H. Bigham
  539 So. 2d 10· Fla. 1st DCA· 1989-02-28 ·cited 10×
  Rahming, an inmate in administrative confinement for over a year, appealed the summary dismissal of his habeas corpus petition alleging lack of due process hearings. The court reversed, holding that summary dismissal was improper where the inmate made specific allegations that, i
• Nichols v. Sullivan
  867 F.2d 1250· 10th Cir.· 1989-02-06 ·cited 10×
  The court held that the petitioner's due process rights were not violated by witness testimony regarding prior incarceration or by the sentencing judge's alleged bias, and thus affirmed the dismissal of his habeas corpus petition.
• Hursey Davis v. Warden, Joliet Corr. Inst. AT Stateville
  867 F.2d 1003· 7th Cir.· 1989-02-01 ·cited 10×
  The dissent argues that the Appellee made a prima facie case for a Sixth Amendment violation based on systematic exclusion of Black individuals from the jury venire, and the state failed to rebut this case.
• Sulie v. Duckworth
  864 F.2d 1348· 7th Cir.· 1988-12-22 ·cited 10×
  The court held that while the district court erred in applying Kuhlmann's strict factual innocence requirement, the alleged constitutional error was harmless beyond a reasonable doubt.
• Palmer v. Grammer
  863 F.2d 588· 8th Cir.· 1988-12-15 ·cited 10×
  The Double Jeopardy Clause does not preclude retrial when a conviction is reversed due to the erroneous admission of evidence, even if the remaining evidence is insufficient, as the reviewing court must consider all evidence admitted at trial.
• Smith v. Armontrout
  865 F.2d 1502· 8th Cir.· 1988-12-08 ·cited 10×
  The dissenting judges believe that Gerald Smith's personal history supports the need for a current evidentiary hearing to determine his competency to dismiss his appeal.
• Blue v. Lacy
  857 F.2d 479· 8th Cir.· 1988-09-20 ·cited 10×
  The Parole Commission may consider disputed allegations of criminal activity in a PSI, even if the sentencing court disregarded them, if the Commission finds the information sufficiently accurate for its purposes.
• Simmons v. A.L. Lockhart
  856 F.2d 1144· 8th Cir.· 1988-09-14 ·cited 10×·via Habeas Corpus Petition
  The court granted the motion to recall its mandate and petition for rehearing, remanding the case to the District Court for further proceedings on specific constitutional claims.
• White v. United States Parole Comm'n & John Sullivan
  856 F.2d 59· 8th Cir.· 1988-09-06 ·cited 10×
  The court held that the Parole Commission did not waive its right to use prior charges by delaying revocation proceedings and that the parolee received adequate notice of the charges considered at the second hearing.
• Graham v. Lynaugh
  854 F.2d 715· 5th Cir.· 1988-08-31 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right and therefore denied his petition for a certificate of probable cause.
• Gregorio F. Vargas v. Swan
  854 F.2d 1028· 7th Cir.· 1988-08-12 ·cited 10×·via Habeas Corpus Petition
  The court held that the record was insufficient to determine if the INS's detainer or parole status constituted sufficient custody for federal habeas jurisdiction, and remanded for further factual development.
• Sparks v. Sowders
  852 F.2d 882· 6th Cir.· 1988-08-04 ·cited 10×·via Writ Of Habeas Corpus
  The court held that a petitioner is entitled to an evidentiary hearing on an ineffective assistance of counsel claim when alleging gross misadvice concerning parole eligibility that affected his guilty plea.
• Walton v. Lane
  852 F.2d 268· 7th Cir.· 1988-07-15 ·cited 10×
  The court held that despite a potentially suggestive pre-trial identification procedure, the victim's identification was sufficiently reliable under the totality of the circumstances to satisfy due process, and thus the habeas corpus writ should not have been granted.
• Pratt v. D.J. McCARTHY
  850 F.2d 590· 9th Cir.· 1988-06-29 ·cited 10×·via Habeas Corpus Proceedings
  The court held that a misunderstanding among counsel regarding who would file a notice of appeal does not constitute excusable neglect under Federal Rule of Appellate Procedure 4(a)(5).
• Stewart v. Corbin
  850 F.2d 492· 9th Cir.· 1988-06-16 ·cited 10×
  The court held that the trial court's decision to shackle and gag the appellant during his trial, while potentially prejudicial, was a constitutionally permissible response to his extreme escape risk, violent behavior, and repeated defiance of court orders, and thus did not viola
• Lane T. Mele v. Fitchburg Dist. Court
  850 F.2d 817· 1st Cir.· 1988-06-15 ·cited 10×·via Habeas Corpus Petition
  An issue is not considered fairly presented to the state's highest court for exhaustion purposes unless the applicant has raised it within the application for further appellate review.
• Byrne v. Roemer
  847 F.2d 1130· 5th Cir.· 1988-06-13 ·cited 10×
  The court held that the prisoner was not entitled to a stay of execution because his section 1983 claim, based on the premise that a Louisiana statute unconstitutionally limited his federal right to seek Supreme Court review, lacked merit. The federal statute does not grant the a
• Gauntlett v. Kelley
  849 F.2d 213· 6th Cir.· 1988-06-08 ·cited 10×·via Habeas Corpus Petition
  The court held that a harsher sentence imposed after a defendant successfully appeals their original sentence does not violate due process or double jeopardy if there is no presumption of vindictiveness and the defendant had no reasonable expectation of finality in the original s
• Meeks v. Cabana
  845 F.2d 1319· 5th Cir.· 1988-05-31 ·cited 10×·via Habeas Corpus Petition
  The court held that the appellant waived his right to appeal his conviction and sentence, and thus, the dismissal of his habeas corpus petition was affirmed.
• Greywater v. Honorable Lawrence R. Joshua, Jr.
  846 F.2d 486· 8th Cir.· 1988-05-10 ·cited 10×
  The court held that the Devils Lake Sioux Tribal Court does not possess inherent sovereignty to exercise criminal jurisdiction over nonmember Indians, and thus, exhaustion of tribal court remedies was not required.
• Turner v. Armontrout
  845 F.2d 165· 8th Cir.· 1988-04-21 ·cited 10×
  The court held that there was sufficient evidence to convict the appellant as an accomplice to capital murder and that the exclusion of his accomplice's hearsay declarations did not deprive him of due process.
• Clanton v. Muncy
  845 F.2d 1238· 4th Cir.· 1988-04-14 ·cited 10×
  The court held that the district court erred in granting a stay of execution because the petitioner's claims were successive, procedurally defaulted, and lacked substantial grounds for relief.
• Doucette v. Vose
  842 F.2d 538· 1st Cir.· 1988-03-23 ·cited 10×·via Habeas Corpus Petition
  The SJC's review of a claimed instructional error under state law, even if referencing federal constitutional issues, does not waive a procedural default for federal habeas review.
• Fillingim v. Boone
  835 F.2d 1389· 11th Cir.· 1988-01-22 ·cited 10×
  The court affirmed the district court's decision, holding that the Leon County ordinance prohibiting nude or semi-nude entertainment in establishments selling alcohol was constitutional.
• Browning v. Foltz
  837 F.2d 276· 6th Cir.· 1988-01-21 ·cited 10×·via Habeas Corpus Petition
  A violation of the Interstate Agreement on Detainers (IAD) does not provide a basis for federal habeas corpus relief under 28 U.S.C. § 2254, and even if it did, no violation occurred in this case. Furthermore, the court found no reversible error regarding jury instructions, ineff
• Hackett v. United States Parole Comm'n
  851 F.2d 127· 6th Cir.· 1987-12-08 ·cited 10×
  The court held that the Parole Commission was authorized to consider the victim's rape allegation, even if unsubstantiated or rejected by the sentencing judge, and that the Sentencing Reform Act of 1984 did not entitle the petitioner to immediate release.
• Solomon Richardson v. Duckworth
  834 F.2d 1366· 7th Cir.· 1987-12-04 ·cited 10×
  The court held that the petitioner received adequate Miranda warnings and voluntarily confessed, thus his Fifth Amendment rights were not violated.
• Wright v. State OF Minn. & Robert A. Erickson
  833 F.2d 746· 8th Cir.· 1987-11-18 ·cited 10×·via Habeas Corpus Petition
  The court held that the appellant was not entitled to habeas relief because the state court's findings of competency and effective assistance of counsel were supported by the record, and an evidentiary hearing was not required.
• Diggs v. Owens
  833 F.2d 439· 3d Cir.· 1987-11-06 ·cited 10×
  The court held that the Interstate Agreement on Detainers Act (IADA) speedy trial and anti-shuttling provisions were not violated, and that the trial court's rulings and counsel's assistance did not deny the appellant due process or effective assistance of counsel.
• Hochman v. Rafferty
  831 F.2d 1199· 3d Cir.· 1987-10-16 ·cited 10×
  The court held that the prosecutor's conduct before the grand jury did not breach the requirements of the due process clause, and therefore affirmed the denial of the habeas corpus petition.
• James v. Butler
  827 F.2d 1006· 5th Cir.· 1987-09-04 ·cited 10×
  The court denied James' application for a certificate of probable cause and dismissed his appeal, finding he failed to make a substantial showing of the denial of a federal right.
• Darden v. Dugger
  825 F.2d 287· 11th Cir.· 1987-08-05 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the petitioner's third habeas corpus petition without a hearing, as the issues were either successive or constituted an abuse of the writ.
• Spina v. C.L. Aaron
  821 F.2d 1126· 5th Cir.· 1987-07-17 ·cited 10×·via Habeas Corpus Petition
  A federal prisoner's Bivens-type suit challenging the fact or duration of confinement, even for damages, must first exhaust available habeas corpus remedies.
• Johnston v. Makowski
  823 F.2d 387· 10th Cir.· 1987-07-07 ·cited 10×·via Habeas Corpus Petition
  The court held that the jury's consideration of an unadmitted police report did not violate appellant's rights, nor did an impermissibly suggestive photographic identification, because under the totality of the circumstances, the identification was reliable.
• Bolyea v. State
  508 So. 2d 457· Fla. 2d DCA· 1987-05-27 ·cited 10×·via Writ Of Habeas Corpus
  A probationer, whether or not incarcerated as a condition of probation, is considered 'in custody' for the purposes of Florida Rule of Criminal Procedure 3.850 and may seek postconviction relief.
• Dunn v. United States Parole Comm'n
  818 F.2d 742· 10th Cir.· 1987-05-14 ·cited 10×
  The Tenth Circuit held that the Parole Commission's reliance on an insanity acquittal from eighteen years prior to retard a prisoner's parole date, without evidence of current mental illness or risk, was arbitrary and capricious.
• Neuschafer v. Harol Whitley
  816 F.2d 1390· 9th Cir.· 1987-05-11 ·cited 10×
• Feldman v. Henman
  815 F.2d 1318· 9th Cir.· 1987-04-29 ·cited 10×·via Habeas Corpus Petition
  A district court lacks subject matter jurisdiction to entertain a federal prisoner's habeas corpus petition that raises claims already decided by the court of appeals, especially when an appeal or certiorari is pending.
• Jairo E. Betancourt v. Willis
  814 F.2d 1546· 11th Cir.· 1987-04-20 ·cited 10×·via Habeas Corpus Petition
  The court held that ineffective assistance of counsel rendered the guilty plea involuntary, affirming the grant of habeas corpus relief.
• Wheeler v. Kelly
  811 F.2d 133· 2d Cir.· 1987-02-09 ·cited 10×
  The court held that the district court did not abuse its discretion by conditioning the grant of a writ of habeas corpus on the state appellate court's decision, rather than ordering an unconditional new trial.
• Nell v. Warden Charles James
  811 F.2d 100· 2d Cir.· 1987-01-30 ·cited 10×
  The court held that the petitioner's second habeas petition was an abuse of the writ and that he failed to allege sufficient facts for his ineffective assistance of counsel claim.
• Wood v. A.L. Lockhart
  809 F.2d 457· 8th Cir.· 1987-01-07 ·cited 10×
  The court held that the petitioner's claims of trial error, including the admission of testimony, denial of a change of venue, failure to strike biased jurors, and prosecutorial comments, did not rise to the level of a due process violation warranting habeas corpus relief.
• Reardon v. Manson
  806 F.2d 39· 2d Cir.· 1986-11-20 ·cited 10×
  The admission of drug-identification testimony by a state toxicologist, based on tests performed by chemists under his supervision, did not violate the Sixth Amendment right of confrontation.
• Webb v. Keohane
  804 F.2d 413· 7th Cir.· 1986-10-30 ·cited 10×·via Habeas Corpus Petition
  A prisoner waives rights under the Interstate Agreement on Detainers (IAD) anti-shuttling provision by requesting transfer to another facility, and failure to raise issues in state court constitutes a procedural default that federal habeas review cannot excuse without a showing o
• United States ex rel. Anthony Hall v. Lane
  804 F.2d 79· 7th Cir.· 1986-10-22 ·cited 10×
  The Sixth Amendment right to counsel does not attach to a lineup identification conducted before the initiation of formal judicial proceedings, even if the suspect is in custody for an unrelated offense.
• McLESTER v. Smith
  802 F.2d 1330· 11th Cir.· 1986-10-20 ·cited 10×·via Habeas Corpus Petition
  The court held that the Alabama Habitual Offender Act was properly applied to the appellant's sentence, and his Eighth Amendment challenge based on disproportionality failed.
• Duncan Peder McKENZIE, Jr. v. Risley
  801 F.2d 1519· 9th Cir.· 1986-10-08 ·cited 10×
  The court held that Sandstrom error on the element of intent is subject to harmless error analysis and that the death penalty statutes were constitutional. The court affirmed the denial of the habeas corpus petition.