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

• Paris Hoyt Carriger v. Lewis
  948 F.2d 588· 9th Cir.· 1991-11-04 ·cited 8×
  The court held that the district court's orders granting summary judgment and refusing to vacate it are affirmed, while its subsequent Rule 60(b) orders are vacated for want of jurisdiction, and the second habeas petition is dismissed.
• Jones v. Jones
  938 F.2d 838· 8th Cir.· 1991-07-09 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on claims of jury discrimination, prosecutorial misconduct, inconsistent verdicts, and ineffective assistance of counsel.
• Jewell Williamson v. Jones
  936 F.2d 1000· 8th Cir.· 1991-06-20 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding that the appellant's claims were either procedurally barred or without merit under established legal standards.
• Gore v. Dugger
  933 F.2d 904· 11th Cir.· 1991-05-29 ·cited 8×·via Habeas Corpus Petition
  The court affirmed the district court's grant of partial relief, agreeing that the exclusion of mitigating evidence was a violation of constitutional rights.
• Morrison v. Duckworth
  929 F.2d 1180· 7th Cir.· 1991-04-11 ·cited 8×·via Habeas Corpus Petition
  The court held that even if the state court erred by admitting a nontestifying codefendant's confession, the error was harmless beyond a reasonable doubt due to the appellant's own incriminating statements.
• Thompson v. Mo. Bd. OF Parole & United States Attorney
  929 F.2d 396· 8th Cir.· 1991-03-29 ·cited 8×
  The court held that the prisoner is entitled to parole credit for the two years he served in prison due to the state's vindictive denial of parole, and thus must receive parole discharge consideration.
• Hart v. Marion Corr. Inst.
  927 F.2d 256· 6th Cir.· 1991-03-05 ·cited 8×
  The court held that a guilty plea is not intelligently entered if the defendant is misinformed about the maximum potential sentence by the court and counsel.
• Tamayo-Reyes v. J.C. Keeney
  926 F.2d 1492· 9th Cir.· 1991-03-04 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court erred in denying an evidentiary hearing on the claim that the defendant's nolo contendere plea was unconstitutional due to inadequate translation of the mens rea element of manslaughter, as the material facts were not adequately developed in
• Talal B. Jammal v. VAN DE Kamp
  926 F.2d 918· 9th Cir.· 1991-02-28 ·cited 8×
  The admission of evidence showing the petitioner was found with a large sum of cash in his car did not violate his due process rights, as it was rationally inferable that he also possessed the cash and drugs found earlier.
• Thigpen v. Thigpen
  926 F.2d 1003· 11th Cir.· 1991-02-26 ·cited 8×·via Habeas Corpus Petition
  The court affirmed the district court's denial of the habeas corpus petition, holding that the admission of evidence of the defendant's prior murder conviction and death sentence did not render his trial fundamentally unfair.
• Allen v. Collins
  924 F.2d 88· 5th Cir.· 1991-02-19 ·cited 8×·via Habeas Corpus Petition
  The court held that a district court cannot dismiss a habeas corpus petition challenging a prior conviction used for sentence enhancement based on a distinction between void and voidable convictions.
• Cornell v. Crispus NIX
  921 F.2d 769· 8th Cir.· 1990-12-17 ·cited 8×·via Habeas Corpus Petition
  The court held that a witness's recantation of testimony, coupled with alleged suppression of exculpatory evidence, warrants an evidentiary hearing on a federal habeas corpus petition.
• Hill v. Black
  920 F.2d 249· 5th Cir.· 1990-12-14 ·cited 8×
  The court held that the Supreme Court's decision in Clemons v. Mississippi does not apply retroactively to this case, and the trial court did not err in refusing to instruct the jury on lesser included offenses.
• Barden v. Keohane
  921 F.2d 476· 3d Cir.· 1990-12-13 ·cited 8×
  The federal government has the statutory authority to make a nunc pro tunc designation of a state prison as a place of federal confinement, and Barden is entitled to have the Bureau of Prisons consider his case for such a designation.
• Kendrick Crotty v. State
  568 So. 2d 1328· Fla. 4th DCA· 1990-10-31 ·cited 8×·via Writ Of Habeas Corpus
  Kendrick Crotty appealed the trial court's summary denial of his Rule 3.850 post-conviction relief motion challenging his armed burglary and grand theft convictions and sentences. The appellate court reversed and remanded, finding that two of his three grounds—an allegedly illega
• Camacho v. White
  918 F.2d 74· 9th Cir.· 1990-10-26 ·cited 8×·via Habeas Corpus Petition
  The court held that a defective notice of street time forfeiture in a parole revocation hearing is a due process violation, but the appropriate remedy is a new hearing, not automatic restoration of street time, unless the delay in holding the new hearing is both unreasonable and
• Nolan Anthony Schouest v. Smith
  914 F.2d 713· 5th Cir.· 1990-10-16 ·cited 8×
  The court held that the repetitive claims in the second habeas petition were properly dismissed under Rule 9(b), and the new claims lacked merit, affirming the dismissal.
• Nelson v. Fulcomer
  911 F.2d 928· 3d Cir.· 1990-08-17 ·cited 8×·via Habeas Corpus Petition
  The court held that confronting a suspect who has invoked their right to remain silent with their alleged partner in crime, after informing the suspect that the partner has confessed, constitutes interrogation under Miranda and Innis, unless the suspect was not informed of the co
• Elton John Myatt v. Hannigan
  910 F.2d 680· 10th Cir.· 1990-08-01 ·cited 8×·via Habeas Corpus Petition
  The court held that Kansas' child hearsay statute, Kan.Stat.Ann. § 60-460(dd), is constitutional on its face and its application in this case did not violate the appellant's Sixth Amendment right of confrontation.
• Gilmore v. Delo
  908 F.2d 385· 8th Cir.· 1990-07-16 ·cited 8×·via Habeas Corpus Petition
  The court affirmed the denial of the second habeas corpus petition, holding that previously raised claims are barred and the new claim is procedurally barred as an abuse of the writ.
• Floyd v. Meachum
  907 F.2d 347· 2d Cir.· 1990-06-29 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the cumulative effect of the prosecutor's repeated and improper remarks during summation was so prejudicial as to render the trial fundamentally unfair, denying the defendant his constitutional due process rights.
• Cuffle v. Goldsmith
  906 F.2d 385· 9th Cir.· 1990-06-15 ·cited 8×·via Writ Of Habeas Corpus
  A waiver of constitutional rights induced by a threat that cannot legally be carried out violates due process, and a defendant's mental impairment may require a hearing on competence to waive counsel.
• Beachum v. Tansy
  903 F.2d 1321· 10th Cir.· 1990-05-22 ·cited 8×
  The court held that the admission of hypnotically influenced testimony, even if potentially unreliable, did not violate the defendant's constitutional rights given the safeguards employed and the victim's consistent testimony. Claims of prosecutorial misconduct, ineffective assis
• Burgin v. Broglin
  900 F.2d 990· 7th Cir.· 1990-04-10 ·cited 8×
  The majority found a waiver of the alleged undisclosed plea agreement issue, barring further litigation. The dissenting judge disagrees with this conclusion.
• Skowronek v. Brennan
  896 F.2d 264· 7th Cir.· 1990-02-22 ·cited 8×
  The court held that the original Sentencing Reform Act § 235(b)(3) did not create a liberty interest in immediate parole release for individuals convicted before its effective date, and thus they are not entitled to release under 42 U.S.C. § 2241.
• Thomas v. Sermon Dyess
  557 So. 2d 196· Fla. 2d DCA· 1990-02-21 ·cited 8×·via Writ Of Habeas Corpus
  Freddie Thomas petitioned for a writ of habeas corpus to challenge his pretrial detention in Hendry County Jail after being arrested on felony charges but not formally charged within the 30-day period required by Florida criminal procedure rules. The court granted the petition, h
• In the Interest of M.N.
  556 So. 2d 510· Fla. 4th DCA· 1990-02-07 ·cited 8×·via Writ Of Habeas Corpus
  A juvenile held beyond the five-day statutory limit before commitment placement is entitled to habeas relief under Florida law, though the writ's issuance is withheld where placement has already occurred.
• Shook v. Clarke
  894 F.2d 1496· 8th Cir.· 1990-02-07 ·cited 8×
  The court held that a federal habeas petition containing both exhausted and unexhausted claims must be dismissed, but the dismissal should be without prejudice.
• Williams v. Chrans
  894 F.2d 928· 7th Cir.· 1990-02-05 ·cited 8×·via Habeas Corpus Petition
  The court affirmed the denial of habeas corpus petitions, finding no constitutional violations regarding confrontation clause, victim identification, prosecutorial statements, ineffective assistance of counsel, habitual criminal statute application, or speedy trial rights.
• Heiney v. Dugger
  558 So. 2d 398· Fla.· 1990-02-01 ·cited 8×
  Robert David Heiney, sentenced to death for murder and robbery, challenges his capital sentence on habeas review. The Florida Supreme Court finds a Hitchcock instructional error regarding mitigation but deems it harmless, while reversing and remanding for an evidentiary hearing o
• Buckley v. A.L. Lockhart
  892 F.2d 715· 8th Cir.· 1989-12-20 ·cited 8×·via Habeas Corpus Petition
  The court held that a federal habeas corpus petitioner's claims are procedurally barred if not fairly presented to the state courts, and that escape from custody forfeits the right to appeal, thus precluding an ineffective assistance of counsel claim based on failure to appeal.
• Boggs v. Bair
  892 F.2d 1193· 4th Cir.· 1989-12-12 ·cited 8×·via Habeas Corpus Petition
  The Fourth Circuit held that the district court erred in granting habeas relief as to the penalty phase, reversing that decision, but affirmed the denial of relief as to the guilt phase. The court found no constitutional error in the admission of the confession, the search of the
• Campaneria v. Reid
  891 F.2d 1014· 2d Cir.· 1989-12-12 ·cited 8×·via Habeas Corpus Petition
  The dissenting judge would reverse the district court's denial of habeas corpus, finding the admission of an unconstitutionally obtained tape recording was not harmless error.
• Giarratano v. Procunier
  891 F.2d 483· 4th Cir.· 1989-12-07 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus and the Rule 60(b) motion.
• Clark Davis v. Reynolds
  890 F.2d 1105· 10th Cir.· 1989-11-30 ·cited 8×
  The court held that the trial court improperly violated the defendant's Sixth Amendment right to a public trial by excluding the public during a witness's testimony without adequate findings or consideration of alternatives.
• Dalton Prejean v. Smith
  889 F.2d 1391· 5th Cir.· 1989-11-28 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner's claims regarding improper jury selection, ineffective assistance of counsel, and the unconstitutionality of his execution due to mental retardation and youth were without merit. The court denied his motions for a certificate of probable cause
• Moore v. Jarvis
  885 F.2d 1565· 11th Cir.· 1989-10-18 ·cited 8×
  The court held that the petitioner's claims regarding uncounseled misdemeanor convictions and sentencing enhancements were not sufficiently alleged to warrant an evidentiary hearing.
• Swindler v. A.L. Lockhart
  885 F.2d 1342· 8th Cir.· 1989-09-26 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on all grounds.
• Russell v. Jones
  886 F.2d 149· 8th Cir.· 1989-09-19 ·cited 8×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding no ineffective assistance of counsel, no suppression of confession, and sufficient evidence for conviction. The court also affirmed the denial of the state's request for transcript costs.
• Davis v. Rouse
  548 So. 2d 287· Fla. 3d DCA· 1989-09-05 ·cited 8×
• Ketion v. State
  548 So. 2d 778· Fla. 1st DCA· 1989-09-01 ·cited 8×
  The court held that while an initial brief is required in appeals from habeas corpus petitions, an answer brief is not mandatory unless ordered by the court. Sanctions for failure to file an answer brief are denied.
• Sheppard v. Rees
  909 F.2d 1234· 9th Cir.· 1989-08-25 ·cited 8×
  A violation of the Sixth Amendment right to be informed of the nature and cause of the accusation is not subject to the harmless-error rule when it arises from the constitutionally improper use of one of multiple legal theories culminating in a general verdict.
• Richardson v. Thigpen
  883 F.2d 895· 11th Cir.· 1989-08-17 ·cited 8×
  The court held that the petitioner failed to make a substantial showing of a denial of a federal right, thus denying his motion for a certificate of probable cause and stay of execution.
• Barks v. Armontrout
  872 F.2d 237· 8th Cir.· 1989-06-29 ·cited 8×
  The court held that the state courts would not entertain the petitioner's successive post-conviction relief motion under Rule 29.15, making further attempts at state redress futile.
• Valladares v. P.W. Keohane
  871 F.2d 1560· 11th Cir.· 1989-05-05 ·cited 8×
  The court held that the Sentencing Reform Act's transition provisions did not retroactively repeal prior parole ineligibility statutes, and thus did not grant Valladares a right to immediate parole consideration.
• Dickerson v. Latessa
  872 F.2d 1116· 1st Cir.· 1989-04-25 ·cited 8×
  The dissenting judge argues that the distinction in appeal rights between capital and non-capital defendants, based on whether claims are 'new and substantial,' lacks a rational basis and is unconstitutional.
• Sahagian v. Murphy
  871 F.2d 714· 7th Cir.· 1989-04-11 ·cited 8×
  The court held that a defendant cannot claim a Confrontation Clause violation when his own tactical decision to refuse a continuance for a temporarily unavailable witness leads to the witness's prior testimony being admitted.
• Roulette Blair v. McCARTHY
  881 F.2d 602· 9th Cir.· 1989-03-27 ·cited 8×
  A habeas petitioner can obtain relief for a state trial court's violation of state law in accepting a guilty plea if the petitioner shows a reasonable probability that, but for the error, they would not have pleaded guilty.
• Evans v. Clarke
  868 F.2d 267· 8th Cir.· 1989-02-14 ·cited 8×·via Habeas Corpus Petition
  An Anders violation requires the state to reinstate the direct appeal and appoint new counsel to brief arguable issues, as harmless error or Strickland prejudice standards do not apply.
• Ismail Mohammed v. Sullivan
  866 F.2d 258· 8th Cir.· 1989-01-25 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court did not abuse its discretion in denying the Rule 60(b) motion because the intervening change in law was irrelevant due to lack of jurisdiction and did not limit prison officials' discretion.