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

• Thomas v. Louie L. Wainwright
  495 So. 2d 172· Fla.· 1986-10-02 ·cited 10×
  Death row inmate Ed Clifford Thomas petitioned for a writ of habeas corpus challenging his death sentence for murder. The Florida Supreme Court denied the petition and vacated a stay of execution, rejecting claims of ineffective assistance of appellate counsel and other constitut
• Evans v. Raines
  800 F.2d 884· 9th Cir.· 1986-09-23 ·cited 10×·via Habeas Corpus Petition
  State court findings on competency to waive counsel and the knowing and intelligent nature of that waiver, if fairly supported by the record, are entitled to a presumption of correctness in federal habeas proceedings.
• Cuevas v. Henderson
  801 F.2d 586· 2d Cir.· 1986-09-15 ·cited 10×
  The court held that a petitioner's failure to demonstrate constitutionally ineffective assistance of counsel means they cannot establish cause to overcome a procedural default barring habeas review.
• Ewing v. Norris W. McMACKIN
  799 F.2d 1143· 6th Cir.· 1986-09-03 ·cited 10×·via Habeas Corpus Petition
  The court held that failure to raise claims on direct appeal or appeal post-conviction relief denials constitutes a procedural default, barring federal habeas review absent cause and prejudice, unless the actual innocence exception applies. Ineffective assistance of counsel must
• Vickers v. Ricketts
  798 F.2d 369· 9th Cir.· 1986-08-27 ·cited 10×·via Habeas Corpus Petition
  The court held that the failure to instruct the jury on second-degree murder in a capital case, where evidence could support such a verdict, violates due process principles established in Beck v. Alabama.
• Wade v. Armontrout
  798 F.2d 304· 8th Cir.· 1986-08-12 ·cited 10×
  The court held that the state waived the exhaustion requirement for the alibi claim and that the denial of a continuance may have denied a fair trial, requiring remand for an evidentiary hearing on ineffective assistance of counsel.
• Mendrano v. Smith
  797 F.2d 1538· 10th Cir.· 1986-07-31 ·cited 10×·via Habeas Corpus Petition
  The court held that the Uniform Code of Military Justice's two-thirds voting rule for convictions in a six-member general court-martial does not violate the Fifth Amendment's Due Process Clause, as military necessity justifies different standards than civilian jury trials.
• Skagerberg v. State OF Okla.
  797 F.2d 881· 10th Cir.· 1986-07-25 ·cited 10×
  The court held that a combined motion for Rule 60 relief and notice of appeal, when the motion is properly construed as a timely Rule 59(e) motion, renders the notice of appeal premature and ineffective.
• Nat'l Ctr. FOR Immigrants' Rights, Inc. v. Immigr. & Naturalization Serv.
  791 F.2d 1351· 9th Cir.· 1986-06-13 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the Attorney General's statutory authority under the Immigration and Nationality Act to impose conditions on appearance and delivery bonds is limited to those conditions that ensure the alien's appearance at future proceedings, not conditions barring employmen
• Davis v. Blackburn
  789 F.2d 350· 5th Cir.· 1986-05-14 ·cited 10×·via Application For Writ Of Habeas Corpus
  A federal court need not grant an evidentiary hearing on a habeas petition if the alleged newly discovered evidence is discoverable by reasonable diligence and consists solely of a recanted trial witness affidavit rejected by the state trial court.
• Mosier v. A.I. Murphy
  790 F.2d 62· 10th Cir.· 1986-05-05 ·cited 10×·via Habeas Corpus Petition
  A guilty plea is not rendered involuntary or the result of ineffective assistance of counsel merely because the plea bargain benefits third parties, such as the defendant's wife and mother-in-law.
• Joyner v. King
  786 F.2d 1317· 5th Cir.· 1986-04-18 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner failed to exhaust state remedies for his Sixth Amendment claim due to new factual allegations presented in federal court, and the state did not waive its right to assert the exhaustion requirement.
• In re the Extradition OF Jorge Gustavo Kraiselburd. United States v. Kraiselburd
  786 F.2d 1395· 9th Cir.· 1986-04-14 ·cited 10×·via Habeas Corpus Petition
  The court held that the extradition request was valid, not time-barred, and that the magistrate did not err in limiting discovery or rejecting expert testimony.
• White v. ARN
  788 F.2d 338· 6th Cir.· 1986-04-09 ·cited 10×
  The court held that Ohio's statute requiring defendants to prove self-defense by a preponderance of the evidence does not violate the Due Process Clause of the Fourteenth Amendment.
• McNEIL v. Cuyler
  782 F.2d 443· 3d Cir.· 1986-02-04 ·cited 10×·via Habeas Corpus Petition
  The court held that the majority misapplied the Strickland standard for ineffective assistance of counsel, thereby increasing the burden on petitioners and wrongly changing the outcome of the case.
• Dillard v. Blackburn
  780 F.2d 509· 5th Cir.· 1986-01-15 ·cited 10×·via Habeas Corpus Petition
  The court held that a habeas petitioner is not entitled to ten days' notice before dismissal if they do not claim prejudice from the lack of notice and have not shown they would have presented additional evidence.
• Anaya v. Hansen
  781 F.2d 1· 1st Cir.· 1986-01-09 ·cited 10×·via Habeas Corpus Petition
  The court held that blue collar workers, young adults, and less educated individuals do not constitute "cognizable" or "distinctive" groups under the Duren test for Sixth Amendment fair cross-section challenges, and affirmed the denial of the habeas corpus petition.
• O'Blasney v. Solem
  774 F.2d 925· 8th Cir.· 1985-10-15 ·cited 10×·via Habeas Corpus Petition
  The court held that a habeas corpus petition alleging insufficient evidence to support a conviction cannot be summarily dismissed without review of the trial record.
• Clutchette v. Rushen
  770 F.2d 1469· 9th Cir.· 1985-09-11 ·cited 10×·via Habeas Corpus Petition
  The court held that the wife's voluntary surrender of physical evidence, which the defense attorney was obligated to turn over under state law, did not violate the Sixth Amendment right to effective assistance of counsel. It also held that the district court had discretion to gra
• Boag v. Raines
  769 F.2d 1341· 9th Cir.· 1985-08-26 ·cited 10×·via Habeas Corpus Petition
  The court held that the new evidence presented by the petitioner was insufficient to raise a substantial doubt as to his competency to stand trial.
• Bernard & Odette Port v. Heard
  764 F.2d 423· 5th Cir.· 1985-07-01 ·cited 10×·via Habeas Corpus Petition
  The court held that the Ports' release from confinement did not moot their habeas corpus petition because the punitive fines preserved a live controversy, and that the claimed parent-child testimonial privilege is not constitutionally protected under the Due Process, Equal Protec
• Franklin v. Rose
  765 F.2d 82· 6th Cir.· 1985-06-21 ·cited 10×
  The district court erred in refusing to liberally construe the pro se petitioner's habeas petition and attached materials, thus failing to consider all grounds for relief raised.
• Prater v. U.S. Parole Comm'n
  764 F.2d 1230· 7th Cir.· 1985-06-12 ·cited 10×·via Habeas Corpus Petition
  The court held that the practices of executive agencies are not material in determining whether a law is a forbidden ex post facto law.
• Johnson v. Crispus C. NIX
  763 F.2d 344· 8th Cir.· 1985-06-03 ·cited 10×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding that any error in admitting incriminating statements was harmless and that the defendant's other claims regarding a fair trial and jury impartiality were without merit.
• Praylow v. Martin
  761 F.2d 179· 4th Cir.· 1985-05-08 ·cited 10×
  The court held that the late appointment of counsel does not automatically create a presumption of ineffective assistance, and the defendant failed to show actual prejudice.
• United States ex rel. Hugh E. Thom v. O.C. Jenkins
  760 F.2d 736· 7th Cir.· 1985-03-12 ·cited 10×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus because the petitioner failed to meet his burden of producing evidence of present inability to pay the judgment, despite evidence of past ability.
• Wallace v. State
  463 So. 2d 467· Fla. 2d DCA· 1985-02-06 ·cited 10×
  Herman Wallace appeals the denial of his second Rule 3.850 post-conviction relief motion. The appellate court reverses the trial court's summary denial and remands for consideration on the merits of Wallace's claims of ineffective assistance of counsel, plea agreement violation,
• Burbine v. Moran
  753 F.2d 178· 1st Cir.· 1985-01-25 ·cited 10×
  The court held that the failure to inform a suspect in custody that his attorney was seeking to see him, when coupled with misleading information given to the attorney, vitiated the suspect's waiver of his Fifth Amendment right to counsel during questioning.
• Jones v. Zimmerman
  752 F.2d 76· 3d Cir.· 1985-01-16 ·cited 10×·via Habeas Corpus Petition
  A district court abuses its discretion by requiring a prisoner to pay a partial filing fee when the prisoner has demonstrated insufficient funds, even considering small amenities.
• Brofford v. Marshall
  751 F.2d 845· 6th Cir.· 1985-01-08 ·cited 10×
  The court should require an evidentiary hearing on the change of venue and shackling issues due to insufficient factual development in the record.
• Moret v. Karn
  746 F.2d 989· 3d Cir.· 1984-10-24 ·cited 10×·via Petition For Habeas Corpus Relief
  The court held that the termination of the alien's parole was an abuse of discretion because the INS failed to make the required finding of a clear and imminent danger to the community.
• Thompson v. Reivitz
  746 F.2d 397· 7th Cir.· 1984-10-17 ·cited 10×
  The court held that a second probation revocation hearing is permissible even if based on the same events as a prior hearing, and that state remedies were exhausted.
• Chamberlain v. Ericksen
  744 F.2d 628· 8th Cir.· 1984-09-25 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that the appellant's constitutional claims were either moot or adequately addressed by state law remedies.
• Alphonso Morgan v. Zant
  743 F.2d 775· 11th Cir.· 1984-09-21 ·cited 10×·via Habeas Corpus Petition
  The court held that the jury instruction at the sentencing phase was constitutionally infirm for failing to adequately explain the nature and function of mitigating circumstances. The court also found the conviction itself to be constitutionally sound.
• O'Brien v. Louie L. Wainwright
  738 F.2d 1139· 11th Cir.· 1984-08-09 ·cited 10×·via Habeas Corpus Petition
  The court held that although pretrial identifications were suggestive, they did not render the in-court identification unreliable, and the Fourth Amendment claim was procedurally barred.
• Martin v. Maggio
  739 F.2d 184· 5th Cir.· 1984-08-02 ·cited 10×
  The court denied the petition for rehearing, holding that the petitioner failed to demonstrate prejudice from his trial counsel's alleged ineffectiveness under the Strickland standard.
• Blake v. Zant
  737 F.2d 925· 11th Cir.· 1984-07-13 ·cited 10×·via Writ Of Habeas Corpus
  The court held that an order granting a writ of habeas corpus on some claims, but not all, is not a final appealable judgment under 28 U.S.C. § 1291, nor is it an interlocutory injunction under 28 U.S.C. § 1292(a)(1).
• Kimbrough G. Middlebrooks v. Smith
  735 F.2d 431· 11th Cir.· 1984-06-29 ·cited 10×·via Habeas Corpus Petition
  A district court's order transferring a case under 28 U.S.C. § 1631 is a non-appealable interlocutory order.
• Moore v. Zant
  734 F.2d 585· 11th Cir.· 1984-06-04 ·cited 10×
• United States ex rel. Leon Johnson v. McGINNIS
  734 F.2d 1193· 7th Cir.· 1984-05-14 ·cited 10×
  A federal court must dismiss a habeas corpus petition if the petitioner has not exhausted available state remedies, including a writ of mandamus, for claims concerning parole denials.
• Harvey and Rebecca Rumbaugh v. McKASKLE
  730 F.2d 291· 5th Cir.· 1984-04-20 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the pending state habeas petition filed by the prisoner necessitates a remand to monitor its progress before adjudicating the parents' appeal.
• Emilcar Bermudez v. Reid
  733 F.2d 18· 2d Cir.· 1984-04-19 ·cited 10×·via Habeas Corpus Petition
  The court held that a default judgment should not be entered in a habeas corpus proceeding without an evidentiary hearing on the merits, even when the state has been inexcusably dilatory.
• Stepniewski v. Superintendent John Gagnon & Attorney Gen. of the State of Wis.
  732 F.2d 567· 7th Cir.· 1984-04-12 ·cited 10×
  A state may constitutionally convict individuals for violations of regulatory statutes without proof of criminal intent, provided the statute gives fair warning of prohibited conduct and does not violate other due process protections.
• Matlock v. Rose
  731 F.2d 1236· 6th Cir.· 1984-04-09 ·cited 10×·via Habeas Corpus Petition
  The Sixth Circuit affirmed the denial of habeas corpus relief, holding that the district court properly reached the merits of the petitioner's claims despite an unexhausted claim due to futility, and that the claims themselves lacked merit.
• Thomas v. ARN
  728 F.2d 813· 6th Cir.· 1984-03-09 ·cited 10×
  The court held that failure to file objections to a magistrate's report, after being warned, results in a waiver of the right to appeal the district court's judgment.
• Jackson v. Amaral
  729 F.2d 41· 1st Cir.· 1984-03-08 ·cited 10×
  The court held that the trial court's failure to individually voir dire all jurors exposed to potentially prejudicial publicity did not violate the defendant's constitutional right to an impartial jury.
• Gray v. King
  724 F.2d 1199· 5th Cir.· 1984-02-13 ·cited 10×·via Habeas Corpus Petition
  The Sixth Amendment right to a speedy trial was not violated by the ten-and-one-fourth-month delay between arrest and trial, as the delay was not excessive, there was no government misconduct, and the defendant failed to demonstrate prejudice.
• Matthews v. A.L. Lockhart
  726 F.2d 394· 8th Cir.· 1984-01-24 ·cited 10×
  The court held that the appellant's statutory and constitutional rights to a speedy trial were not violated, nor was he denied a fair trial due to pretrial publicity or subjected to double jeopardy.
• Thompson v. State OF Mo.
  724 F.2d 1314· 8th Cir.· 1984-01-10 ·cited 10×
  The court held that the nondisclosure of information regarding another suspect did not affect the outcome of the trial, and that the petitioner's double jeopardy and dangerous offender claims lacked merit.
• Jones v. Superintendent OF Rahway State Prison & The Attorney Gen. of the State of N.J.
  725 F.2d 40· 3d Cir.· 1984-01-06 ·cited 10×
  The court affirmed the denial of habeas corpus relief, not because of failure to exhaust state remedies, but because the petitioner's claims were not cognizable in a federal habeas corpus proceeding.