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

• Smith v. E.P. Perini
  723 F.2d 478· 6th Cir.· 1983-12-15 ·cited 10×
  The dissenting judge argues that the identification procedures were unnecessarily suggestive and created a substantial likelihood of irreparable misidentification, violating due process.
• Len Terry Jackson v. Torres
  720 F.2d 877· 5th Cir.· 1983-12-05 ·cited 10×·via Habeas Corpus Petition
  A Section 1983 action challenging the duration of confinement must be treated as a habeas corpus matter and requires exhaustion of federal habeas corpus remedies.
• Benny Williams v. Kullman
  722 F.2d 1048· 2d Cir.· 1983-11-28 ·cited 10×·via Application For Writ Of Habeas Corpus
  The court held that while sua sponte dismissal of the habeas petition was procedurally improper, the petition should ultimately be dismissed on the merits because the evidence presented at trial was sufficient to support the jury's finding of intent.
• Kellotat v. Hoyt C. Cupp
  719 F.2d 1027· 9th Cir.· 1983-11-03 ·cited 10×·via Habeas Corpus Petition
  A petitioner must exhaust state post-conviction remedies for claims of denial of appellate counsel, even if an interlocutory petition was presented to the state supreme court.
• Weygandt v. Look
  718 F.2d 952· 9th Cir.· 1983-10-19 ·cited 10×
  An interlocutory order denying a motion for appointment of counsel in a habeas corpus proceeding is not an appealable final decision under 28 U.S.C. § 1291.
• Sanders v. Israel
  717 F.2d 422· 7th Cir.· 1983-09-21 ·cited 10×·via Habeas Corpus Proceedings
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the petitioner's conviction. Claims regarding illegal arrest evidence, prosecutorial misconduct, jury instructions, and the presumptive intent instruction were all rejected.
• Alvaro L. Hernandez, Jr. v. W.J. Estelle, Jr.
  711 F.2d 619· 5th Cir.· 1983-08-08 ·cited 10×·via Habeas Corpus Petition
  The court held that the district court erred by not conducting a de novo review of the magistrate's report and recommendations based on the hearing transcript.
• Griswold v. Greer
  712 F.2d 1200· 7th Cir.· 1983-07-27 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, holding that the petitioner's constitutional rights were not violated by the admission of identification testimony and that a due process claim regarding newly discovered evidence was not properly before the court.
• Bullard v. W.J. Estelle, Jr.
  708 F.2d 1020· 5th Cir.· 1983-07-05 ·cited 10×·via Habeas Corpus Petition
  The court vacated the district court's grant of habeas relief and remanded with instructions to dismiss the case with prejudice due to lack of a live case or controversy.
• Verdell Hill, Jr. v. State
  434 So. 2d 974· Fla. 5th DCA· 1983-06-23 ·cited 10×
  Verdell Hill petitioned for habeas corpus, claiming he was unlawfully imprisoned because the trial court failed to sentence him under Florida's Youthful Offender Act. The Fifth District Court of Appeal held that robbery with a firearm constitutes a first-degree felony, not a life
• Brunelle v. C.L. Norvell
  433 So. 2d 19· Fla. 4th DCA· 1983-06-08 ·cited 10×
  Gerard Marcel Brunelle sought a writ of habeas corpus to resist extradition to another state. The court affirmed the trial court's denial of the petition, holding that Brunelle failed to overcome the presumption that he was the person named in the rendition warrant and that the f
• Taylor v. Curry
  708 F.2d 886· 2d Cir.· 1983-06-07 ·cited 10×·via Habeas Corpus Petition
  The court held that while the exclusion of the draft separation agreement was an error, it did not deprive the petitioner of a fundamentally fair trial, and thus habeas corpus relief was not warranted.
• McPHAIL v. Warden, Attica Corr. Facility, & Attorney Gen. of the State of N.Y.
  707 F.2d 67· 2d Cir.· 1983-05-12 ·cited 10×
  A federal court may not consider a fourth amendment claim on habeas corpus if the state provided an opportunity to litigate it, even if the state court denied the claim on its merits.
• Dyas v. Art Lockhart
  705 F.2d 993· 8th Cir.· 1983-04-21 ·cited 10×·via Habeas Corpus Petition
  The court held that a judge's relationship to prosecutors, standing alone, is insufficient to raise a conclusive presumption of bias, but remanded for a hearing on whether the petitioner personally waived the judge's disqualification offer.
• Parton v. Wyrick
  704 F.2d 415· 8th Cir.· 1983-04-12 ·cited 10×·via Habeas Corpus Petition
  The court held that the appellant failed to demonstrate ineffective assistance of appellate counsel for not raising the self-representation issue, nor did he show prejudice from the failure to object to prior convictions.
• In the Interest of W.B.
  428 So. 2d 309· Fla. 4th DCA· 1983-03-16 ·cited 10×·via Habeas Corpus Petition
  A fourteen-year-old juvenile appeals a 1979 adjudication of delinquency for breaking and entering, arguing the guilty plea was involuntary. The court reverses and remands for an evidentiary hearing to determine plea voluntariness, holding that a juvenile has habeas corpus rights
• Irby v. State OF Mo.
  427 So. 2d 367· Fla. 2d DCA· 1983-03-02 ·cited 10×
  Samuel Irby, a Florida prisoner with a Missouri parole violation detainer, sought habeas corpus relief arguing the detainer violated his speedy trial rights under the Interstate Agreement on Detainers Act. The Florida Second District Court of Appeal reversed its prior precedent a
• LaCHAPPELLE v. Moran
  699 F.2d 560· 1st Cir.· 1983-02-02 ·cited 10×·via Habeas Corpus Petition
  The court held that the trial judge's in camera conference with a minor witness, while unusual, did not violate the Sixth Amendment's confrontation clause or the Fourteenth Amendment's due process clause.
• Bowen v. A.L. Murphy & the Attorney Gen. of the State of Okla.
  698 F.2d 381· 10th Cir.· 1983-01-31 ·cited 10×
  The court held that the district court did not err in dismissing the habeas corpus petition as delayed under Rule 9(a) because the state demonstrated prejudice and the petitioner failed to rebut it or explain the delay.
• Ford v. Wainwright
  425 So. 2d 1189· Fla. 1st DCA· 1983-01-27 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the attorney's failure to file an appeal did not constitute ineffective assistance of counsel.
• Loveday v. Davis
  697 F.2d 135· 6th Cir.· 1983-01-05 ·cited 10×
  A federal court is not required to examine the trial transcript when a habeas petition alleges insufficiency of evidence if the petitioner does not challenge the state court's factual determinations or invoke exceptions to the presumption of correctness.
• Lydon v. Justices OF the Boston Mun. Court
  698 F.2d 1· 1st Cir.· 1982-12-30 ·cited 10×·via Habeas Corpus Petition
  The court held that a defendant's election of a two-tier trial system does not constitute a waiver of the right to challenge the sufficiency of the evidence presented at the first-tier trial.
• Holguin v. Raines
  695 F.2d 372· 9th Cir.· 1982-12-23 ·cited 10×·via Habeas Corpus Petition
  The dissent argues that the majority's interpretation of Mileham improperly expands its scope, and that under Weaver v. Graham, the state's retroactive application of parole guidelines violates the ex post facto clause.
• Ware v. King
  694 F.2d 89· 5th Cir.· 1982-12-20 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner failed to demonstrate an actual conflict of interest by his counsel, and thus, the district court did not err in dismissing his habeas corpus petition.
• Ellis R. Nieb v. Jago
  695 F.2d 228· 6th Cir.· 1982-12-16 ·cited 10×
  The court held that the jury instruction regarding the burden of proof for self-defense did not violate due process because the prosecution still bore the burden of proving all elements of the crime beyond a reasonable doubt. Furthermore, the appellant's failure to make a specifi
• Hobert Jones v. W.J. Estelle, Jr.
  693 F.2d 547· 5th Cir.· 1982-12-14 ·cited 10×·via Habeas Corpus Petition
  The court held that the appeal must be dismissed for lack of jurisdiction because the notice of appeal was filed significantly outside the prescribed 30-day period.
• Elroy Lynn Wabasha v. Solem
  694 F.2d 155· 8th Cir.· 1982-12-01 ·cited 10×·via Habeas Corpus Petition
  The court held that the defendant did not knowingly and intelligently waive his right to counsel because the trial court's inquiry was perfunctory and lacked a penetrating discussion of the consequences.
• Ashby v. Wyrick
  693 F.2d 789· 8th Cir.· 1982-11-30 ·cited 10×
  The court emphasizes that procedural rules in post-conviction proceedings should not be rigidly applied, especially when constitutional rights are implicated, to avoid injustice and promote efficiency.
• Hatton v. T.M. Keohane
  693 F.2d 88· 9th Cir.· 1982-11-16 ·cited 10×
  The court held that the Regional Parole Commissioner did not exceed his authority in modifying the presumptive parole release date.
• Wayne v. Raines
  690 F.2d 685· 9th Cir.· 1982-10-18 ·cited 10×·via Habeas Corpus Petition
  The court held that the petitioner's guilty plea was validly entered, as the trial judge thoroughly explained the sentencing terms and the petitioner, with counsel's advice, understood them.
• Inglese v. Warden, U. S. Penitentiary, Atlanta, Georgia
  687 F.2d 362· 11th Cir.· 1982-10-01 ·cited 10×
  The court held that the notice of appeal was timely filed, and the district court properly reviewed the prison disciplinary board's decision based on the 'any evidence' standard.
• Granger v. United States
  688 F.2d 1296· 9th Cir.· 1982-09-30 ·cited 10×
  The court held that the Bureau of Prisons properly presumed credit for time served when imposing a reduced sentence after probation revocation, absent a clear indication otherwise.
• Young v. United States Parole Comm'n
  682 F.2d 1105· 5th Cir.· 1982-08-09 ·cited 10×
  The court held that the Parole Commission's classification of offense severity, calculation of parole hearing dates, aggregation of consecutive sentences, and failure to provide Miranda warnings were all within its statutory authority and did not violate the petitioner's rights.
• Malloy v. Purvis
  681 F.2d 736· 11th Cir.· 1982-07-29 ·cited 10×·via Habeas Corpus Proceedings
  The court concurred in the result because the petitioner is serving a life sentence without parole, rendering prior convictions irrelevant to collateral consequences.
• Harding v. State OF N.C.
  683 F.2d 850· 4th Cir.· 1982-07-20 ·cited 10×·via Habeas Corpus Petition
  A federal habeas court cannot accept a state's conditional waiver of the exhaustion requirement for unexhausted claims; such a petition must be dismissed as mixed.
• Williams v. Engle
  683 F.2d 152· 6th Cir.· 1982-07-14 ·cited 10×
  The court held that the district court's denial of habeas corpus relief must be vacated and the case remanded because the record was inadequate to determine if the constitutional error was harmless.
• Jessee Travis Rouse v. Foster
  672 F.2d 649· 8th Cir.· 1982-03-01 ·cited 10×
  The court held that the prisoner's guilty plea was voluntary and intelligent, and his indeterminate sentence was not constitutionally infirm, thus affirming the denial of his habeas corpus petition.
• Rutledge v. Sunderland
  671 F.2d 377· 10th Cir.· 1982-02-16 ·cited 10×·via Habeas Corpus Petition
  The court held that a conviction obtained using prior invalid convictions for impeachment and enhancement is void, and that the issue is not moot even if the petitioner has been released from custody.
• Pierre v. Thompson
  666 F.2d 424· 9th Cir.· 1982-01-25 ·cited 10×
  The district court erred by not independently reviewing the state court record or holding a hearing to determine if the relief granted for the broken plea agreement was constitutionally adequate.
• United States ex rel. Theodore Ross v. Franzen
  668 F.2d 933· 7th Cir.· 1982-01-13 ·cited 10×
  The court held that the majority opinion erred in vacating the state trial court judgment based on habeas corpus power.
• Barker v. Jones
  668 F.2d 154· 2d Cir.· 1982-01-04 ·cited 10×
  The court held that an escapee's prolonged absence from jurisdiction, coupled with the dismissal of his direct appeal and failure to voluntarily return, results in forfeiture of his right to federal habeas review.
• United States ex rel. Carrie Jean Heral v. Franzen
  667 F.2d 633· 7th Cir.· 1981-12-29 ·cited 10×·via Habeas Corpus Petition
  The court held that an attorney's failure to inform the trial court of a client's recent suicide attempt does not constitute ineffective assistance of counsel if the totality of circumstances shows competent assistance, and that the standard for competence to plead guilty is the
• Moran v. Morris
  665 F.2d 900· 9th Cir.· 1981-12-28 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the district court erred by failing to conduct a de novo determination of the magistrate's report, as required by the Federal Magistrate's Act, before issuing a writ of habeas corpus.
• Schneider v. Housewright
  668 F.2d 366· 8th Cir.· 1981-12-28 ·cited 10×
  The court held that substantial evidence supported the revocation of probation, even without considering potentially suppressed evidence.
• Fritchie v. McCARTHY
  664 F.2d 208· 9th Cir.· 1981-12-17 ·cited 10×·via Habeas Corpus Petition
  The court held that the state court's determination of the voluntariness of the confession was supported by the record and that the appellant was not denied effective assistance of counsel.
• Gullick v. Perrin
  669 F.2d 1· 1st Cir.· 1981-12-16 ·cited 10×·via Habeas Corpus Petition
  The court held that the identification procedures employed by the police were not impermissibly suggestive, and therefore, the reliability of the identification was a question for the jury.
• Castleberry v. Warden Mack H. Alford & the Attorney Gen. of the State of Okla.
  666 F.2d 1338· 10th Cir.· 1981-12-15 ·cited 10×·via Habeas Corpus Petition
  The federal court held that the state court's determination that the confession was voluntary was supported by the record and should not have been overturned.
• Ferrell v. Secretary OF Defense
  662 F.2d 1179· 5th Cir.· 1981-12-07 ·cited 10×
  The court held that the Navy's failure to place Ferrell in the Mariner Program was not a material breach of his enlistment contract, and thus he was not entitled to rescission.
• Ruiz v. Cady
  660 F.2d 337· 7th Cir.· 1981-09-30 ·cited 10×
  The court held that the district court abused its discretion by granting a writ of habeas corpus as a default judgment solely due to the state's short delay in filing transcripts.
• Ware v. Gagnon
  659 F.2d 809· 7th Cir.· 1981-09-17 ·cited 10×
  A federal district court should address the merits of exhausted claims in a mixed habeas petition, but may affirm dismissal of an exhausted claim if it is frivolous.