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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The court held that the trial judge's remarks during a lobby conference created a reasonable apprehension of vindictiveness, violating the defendant's due process rights by penalizing him for exercising his right to trial.
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The dissenting judge would affirm the denial of the habeas corpus petition, finding that the majority improperly conducted a de novo review of the evidence.
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644 F.2d 1248·
8th Cir.·
1981-04-03
·cited 10×
The district court correctly determined it lacked jurisdiction to review a final deportation order through a habeas corpus proceeding, as exclusive jurisdiction rests with the courts of appeals.
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642 F.2d 1077·
7th Cir.·
1981-03-05
·cited 10×
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642 F.2d 1204·
10th Cir.·
1981-03-03
·cited 10×
The court held that federal courts must allow state courts the opportunity to address alleged violations of federal rights arising from state law before granting habeas corpus relief, especially when supervening Supreme Court cases create new theories.
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635 F.2d 239·
3d Cir.·
1980-12-15
·cited 10×
The court held that the transfer of a state prisoner to federal custody under 18 U.S.C. § 5003 is not limited to instances requiring specialized treatment, and a prisoner's transfer does not implicate due process liberty interests absent a specific entitlement under law.
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636 F.2d 215·
8th Cir.·
1980-12-12
·cited 10×
The court held that the petitioner's claims, including sufficiency of evidence and improper jury instructions, did not present a fundamental defect warranting federal habeas corpus relief.
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635 F.2d 612·
7th Cir.·
1980-12-02
·cited 10×
The court held that the Parole Act's provision for termination of parole supervision after five years does not mandate automatic termination without a Commission decision and that the remedy for the Commission's failure to meet deadlines is to compel a decision, not automatic rel
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637 F.2d 525·
8th Cir.·
1980-11-06
·cited 10×
The court affirmed a landlord's non-liability for a tenant's injuries resulting from a defective condition on the leased premises, adhering to the common law rule of caveat lessee in the absence of statutory modification.
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637 F.2d 50·
2d Cir.·
1980-10-03
·cited 10×
The court held that the trial court did not err in refusing to order the prosecutor to grant immunity to defense witnesses, nor in excluding an out-of-court statement offered by the defense, as these rulings did not deprive the defendant of a fair trial.
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631 F.2d 516·
7th Cir.·
1980-10-01
·cited 10×
The court held that a juvenile's guilty plea may be constitutionally inadequate if the juvenile was unaware of available defenses or misunderstood the terms of a plea agreement.
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631 F.2d 233·
3d Cir.·
1980-09-23
·cited 10×
The court held that the Virgin Islands Parole Statute does not create a liberty interest in parole, and therefore due process protections do not attach to parole denials. The court also found that denying parole based on a prisoner's advantageous social and economic background, a
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The court held that while a plea bargain violation warrants habeas corpus relief, the district court erred in dictating the specific remedy, as the state court should have discretion to choose between vacating the plea or specific performance.
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A defendant cannot waive the automatic appeal of a death sentence, as it serves a public interest in ensuring the fairness and accuracy of capital punishment proceedings.
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382 So. 2d 743·
Fla. 1st DCA·
1980-03-28
·cited 10×
A Florida appellate court affirmed the summary denial of a habeas corpus petition challenging the constitutionality of a prison disciplinary proceeding. The inmate claimed denial of due process based on an allegedly biased committee member, insufficient preparation time, and inab
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The dissenting judge would have remanded the case for a determination of prejudice to the defendant's right to a fair trial.
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A defendant's guilty plea extinguishes their right to raise a claim regarding violations of the Interstate Agreement on Detainers Act (IAD) because such violations are non-jurisdictional and waivable. Furthermore, allegations of ineffective assistance of counsel were unsubstantia
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The court held that New Mexico's sentencing scheme, which enhances penalties for felonies committed with a firearm, does not violate the Double Jeopardy Clause.
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646 F.2d 1122·
6th Cir.·
1980-02-08
·cited 10×
The court held that Ohio's contemporaneous objection rule could not be used to deny the retroactive benefit of the Robinson decision, as doing so violated due process.
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609 F.2d 594·
2d Cir.·
1979-09-12
·cited 10×
A judge must state reasons for denying bail to prevent arbitrary decisions and protect constitutional rights.
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605 F.2d 70·
2d Cir.·
1979-09-06
·cited 10×
A jury instruction that effectively directed a verdict of guilty on an element of the offense, by focusing the jury solely on the testimony of two witnesses and failing to provide a standard for belief, infected the entire trial and violated due process.
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The court held that the petitioner's parole revocation did not violate his due process rights, and the state courts had sufficient information to review the parole board's decision without an additional federal evidentiary hearing.
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The court held that a district court cannot dismiss a habeas corpus petition under Rule 9(a) or (b) without making specific findings regarding prejudice or abuse of the writ, and must hold a hearing on the merits if issues have not been previously decided.
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The appeal is dismissed as moot because the appellant has been released on parole and does not challenge the validity of his conviction.
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The court held that while counsel's false statement in open court regarding the filing of an appeal was a dereliction of duty, it did not rise to the level of fundamental unfairness required to violate the Fourteenth Amendment's due process clause, and thus habeas corpus relief w
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The court held that an indeterminate sentence of 20 years to life for second-degree murder was permissible under Nebraska law as it existed at the time of sentencing.
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595 F.2d 101·
2d Cir.·
1979-03-19
·cited 10×
A defendant who voluntarily and knowingly absents himself from his trial, through disruptive conduct or refusal to appear, waives his constitutional right to be present.
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588 F.2d 12·
2d Cir.·
1978-11-21
·cited 10×
A guilty plea is not voluntary in a constitutional sense if the defendant did not receive real notice of the true nature of the charge against him.
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The court held that claims seeking release or sentence reduction must be brought as habeas corpus petitions, requiring exhaustion of state remedies, and cannot be brought under 42 U.S.C. § 1983.
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The court affirmed the district court's dismissal of speedy trial and evidentiary claims, but reversed and remanded with instructions to dismiss the Fourth Amendment claim based on Stone v. Powell.
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579 F.2d 929·
5th Cir.·
1978-09-07
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A defendant cannot be imprisoned beyond the statutory maximum solely due to indigency preventing pre-sentencing bond.
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The court held that the district court correctly denied the habeas corpus petition, affirming the conviction and sentence as constitutional.
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The court held that the district court retained jurisdiction despite the petitioner's transfer and that the petitioner's claims regarding an increased sentence after retrial were without merit.
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581 F.2d 126·
7th Cir.·
1978-07-17
·cited 10×
The court held that the district court did not err in denying the petitioner's motion for production of trial transcripts, and that the petitioner's claims regarding jury instructions and statutory constitutionality were procedurally barred or required state court determination.
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578 F.2d 166·
6th Cir.·
1978-06-30
·cited 10×
The court held that the petitioner was denied effective assistance of counsel due to his attorney's failure to present an alibi witness, which deprived him of his only defense.
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The court held that the district court's extreme delay in ruling on the habeas corpus petition violated the petitioner's due process rights and the appellate court's mandate.
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A guilty plea is not rendered involuntary by a prosecutor's offer to refrain from filing more serious charges in exchange for a plea, provided the plea is made intelligently and voluntarily.
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The court held that the trial court erred by failing to provide adequate means for a deaf defendant to understand the proceedings, thus violating his Sixth Amendment rights to confrontation and to assist in his defense.
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570 F.2d 1027·
D.C. Cir.·
1978-01-09
·cited 10×
A later-enacted general federal statute does not supersede a specific District of Columbia statute barring parole eligibility for first-degree murderers unless Congress explicitly intended it to do so.
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570 F.2d 1150·
3d Cir.·
1978-01-05
·cited 10×
A state prisoner is not entitled to an immediate federal parole revocation hearing when an unexecuted federal parole violator warrant is lodged as a detainer, especially when the warrant is based on a felony committed while on parole.
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567 F.2d 836·
8th Cir.·
1977-12-29
·cited 10×
The court held that the procedures employed to revoke Stidham's parole complied with due process, and thus his petition for a writ of habeas corpus was properly denied.
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571 F.2d 1257·
4th Cir.·
1977-12-20
·cited 10×
The court held that the petitioner failed to exhaust state remedies by raising a new constitutional claim for the first time on appeal, and the claim was also barred by state procedural grounds.
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The court held that the state's failure to disclose a key witness's leniency agreement, which led to false testimony, violated the defendant's constitutional rights and warranted a new trial.
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562 F.2d 1006·
5th Cir.·
1977-11-11
·cited 10×
The court held that the plea agreement was supported by sufficient consideration, and the dismissal of the appeal was voluntary, thus affirming the denial of habeas corpus relief.
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The dissenting judge would hold that a minor's request to contact his mother must be honored before custodial interrogation, and failure to do so renders subsequent statements inadmissible.
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A criminal defendant's guilty plea is constitutionally invalid if made without understanding that he will be ineligible for parole, as this constitutes a failure to understand the consequences of the plea.
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562 F.2d 122·
1st Cir.·
1977-09-13
·cited 10×
The United States Constitution does not prevent states from adopting rules that allow a discharged but still isolated jury to correct its verdict after it has been recorded, provided no outside influence has tainted the correction.
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559 F.2d 850·
1st Cir.·
1977-08-04
·cited 10×
The court held that dismissal without prejudice was appropriate, as the state appellate process was moving forward and federal intervention was not warranted.