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

• McNEIL v. Blackburn
  802 F.2d 830· 5th Cir.· 1986-10-20 ·cited 8×
  The court held that a timely but unsigned notice of appeal satisfies jurisdictional requirements and that the district court erred in summarily dismissing a habeas corpus petition without requiring a state response.
• Piercy v. Black
  801 F.2d 1075· 8th Cir.· 1986-10-01 ·cited 8×
  The court held that a state prisoner's claim that one state's sentences should run concurrently with another state's sentences does not implicate federal constitutional rights and is not grounds for federal habeas corpus relief.
• Stacey v. Solem
  801 F.2d 1048· 8th Cir.· 1986-09-24 ·cited 8×·via Habeas Corpus Petition
  The court held that the totality of circumstances showed a voluntary and intelligent guilty plea, and that counsel's actions did not constitute ineffective assistance.
• Erling Knud Ove Hansen, Jr. v. Louie L. Wainwright
  493 So. 2d 38· Fla. 1st DCA· 1986-08-12 ·cited 8×
  Hansen challenges the revocation of his parole on habeas corpus grounds. While the court found the revocation was erroneous as to the felony charge due to failure to provide a timely preliminary hearing under Miller v. Toles, it affirmed the revocation because it was alternativel
• Parole & Prob. Comm'n v. Fuller
  491 So. 2d 275· Fla.· 1986-07-17 ·cited 8×·via Writ Of Habeas Corpus
  Judicial review of presumptive parole release date calculations is now available only through a writ of mandamus, not habeas corpus. Since the prisoners were released, their petitions are moot.
• Phillips v. A.I. Murphy and Michael Turpen
  796 F.2d 1303· 10th Cir.· 1986-07-16 ·cited 8×
  The court held that a federal evidentiary hearing was not required because the petitioner's claims were incredible and unsupported by specifics, and the state court's findings of historical fact were entitled to a presumption of correctness. The court also held that the failure t
• Bennett v. Scroggy
  793 F.2d 772· 6th Cir.· 1986-06-19 ·cited 8×
  The Sixth Circuit held that the trial court's denial of a continuance to secure a witness violated the appellant's Sixth and Fourteenth Amendment rights, warranting a grant of habeas corpus relief.
• United States ex rel. Rickie Cole v. Lane
  793 F.2d 155· 7th Cir.· 1986-06-11 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court erred in applying 28 U.S.C. § 2254(d) to the ultimate issue of confession voluntariness, which is a question of law, not a finding of fact. The case must be reexamined in light of Miller v. Fenton.
• Carlo Raimondo v. Belletire
  789 F.2d 492· 7th Cir.· 1986-04-21 ·cited 8×
  The court held that the amendments to Illinois statutes governing the commitment of persons found not guilty by reason of insanity did not violate the constitutional guarantees against ex post facto punishment, due process, or equal protection.
• Sammons v. G.H. Rodgers
  785 F.2d 1343· 5th Cir.· 1986-04-04 ·cited 8×·via Habeas Corpus Petition
  A federal district court has jurisdiction to consider a habeas corpus petition challenging the use of prior state convictions for federal parole eligibility, even if those convictions occurred in another state.
• Travis v. A.L. Lockhart
  787 F.2d 409· 8th Cir.· 1986-03-27 ·cited 8×
  The court held that the appellant's guilty plea was voluntary and knowing, and he did not receive ineffective assistance of counsel, thus affirming the dismissal of his habeas corpus petition.
• Humphrey v. Boney
  785 F.2d 1495· 11th Cir.· 1986-03-25 ·cited 8×
  The court held that the jury instructions on implied malice and intent did not unconstitutionally shift the burden of proof or create a mandatory presumption, and the vagueness claim was procedurally barred.
• Driggers v. Carson
  486 So. 2d 25· Fla. 1st DCA· 1986-03-25 ·cited 8×·via Writ Of Habeas Corpus
  Edward Driggers petitioned for a writ of habeas corpus challenging a $1,000,000 bail set by the trial court in a first-degree murder case. The court denied the petition, holding that although the trial judge had discretion to grant bail under State v. Arthur, the judge's decision
• Davidson J. James v. Louie L. Wainwright
  484 So. 2d 1235· Fla.· 1986-03-14 ·cited 8×
  The court held that the prisoner's claims for a writ of habeas corpus and a stay of execution lacked merit and were therefore denied.
• Maupin v. Smith
  785 F.2d 135· 6th Cir.· 1986-03-05 ·cited 8×·via Habeas Corpus Petition
  The court held that a state court cannot enforce a procedural rule to preclude a defendant's constitutional right to due process when the procedural default resulted from a denial of the constitutional right to effective assistance of counsel.
• Hoots v. Allsbrook
  785 F.2d 1214· 4th Cir.· 1986-03-05 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the majority misapplied the Strickland test by failing to consider the cumulative effect of counsel's errors, which created a reasonable probability of a different outcome.
• Bloodgood v. Garraghty
  783 F.2d 470· 4th Cir.· 1986-02-14 ·cited 8×·via Habeas Corpus Petition
  The court held that a parole proceeding is not a proper forum to contest the legal sufficiency of prior convictions, and that the parole and classification boards did not rely on the allegedly uncounseled convictions in their decisions.
• United States ex rel. Dudley James Russo v. Attorney General OF Illinois
  780 F.2d 712· 7th Cir.· 1986-01-07 ·cited 8×·via Habeas Corpus Petition
  The court held that the trial judge's ratification of the plea agreement, coupled with the failure to inform the defendant of the mandatory parole term, violated due process, but the remedy is to expunge the parole term, not allow a new plea.
• Minor Michael Still v. United States Marshal
  780 F.2d 848· 10th Cir.· 1985-12-23 ·cited 8×·via Habeas Corpus Petition
  The dissenting judge would hold that the Parole Commission has the authority to withdraw an executed parole violator warrant, similar to its authority to delay execution, and that the federal sentence should not recommence.
• Gibson v. Klevenhagen
  777 F.2d 1056· 5th Cir.· 1985-12-10 ·cited 8×
  The court held that a guilty plea does not waive a speedy trial claim if state law permits appeal of pre-trial motions after a plea. The district court erred in dismissing the habeas petition.
• Marler v. Blackburn
  777 F.2d 1007· 5th Cir.· 1985-12-04 ·cited 8×·via Habeas Corpus Petition
  The court affirmed the district court's dismissal of the habeas corpus petition, finding no ineffective assistance of counsel, insufficient evidence, or due process violation.
• United States ex rel. William J. Miller v. Kenneth McGINNIS & Attorney Gen. of the State of Ill.
  774 F.2d 819· 7th Cir.· 1985-10-04 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the trial court's failure to inform the defendant of the mandatory supervised release term violated his due process rights, but also found that the totality of errors, including failure to inform of other rights and the defendant's age and confusion, rendered
• Milliman v. State OF Minn.
  774 F.2d 247· 8th Cir.· 1985-09-26 ·cited 8×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the search warrant was not unconstitutionally overbroad and the use of grand jury subpoenas for evidence gathering, even without presenting to a grand jury, did not violate the appellant's constitutional rights.
• Will Anderson and Kinston Kirk v. Miller
  772 F.2d 375· 7th Cir.· 1985-09-11 ·cited 8×
  The court held that the district court correctly granted summary judgment because the federal prisoners failed to exhaust their administrative remedies by deliberately bypassing the Bureau of Prisons' established procedures.
• United States v. DeROBERTIS
  771 F.2d 1057· 7th Cir.· 1985-08-27 ·cited 8×
  The court held that the trial court's failure to investigate a timely objection to joint representation based on conflicting defenses violated the Sixth Amendment, and that an actual conflict of interest adversely affected counsel's representation, warranting habeas corpus relief
• Fretwell v. Honorable R.T. "Tim" Dobeck
  473 So. 2d 302· Fla. 4th DCA· 1985-08-07 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the trial judge should substantially reduce the defendant's bond, citing the lack of strong evidence and the defendant's community ties.
• Elmore v. Foltz
  768 F.2d 773· 6th Cir.· 1985-07-26 ·cited 8×·via Habeas Corpus Petition
  The court held that the destruction of potentially exculpatory tapes did not violate due process under the Trombetta standard because there was no bad faith, the tapes were unlikely to be exculpatory, and comparable impeachment evidence was available.
• Payret v. Honorable Don T. Adams
  471 So. 2d 218· Fla. 4th DCA· 1985-06-26 ·cited 8×
  A pretrial detainee sought habeas corpus relief based on a local administrative order provision requiring personal recognizance release if formal charges were not filed within 21 days. The court held that this administrative provision conflicted with Florida Criminal Procedure Ru
• Scott v. Clark
  761 F.2d 1524· 11th Cir.· 1985-06-04 ·cited 8×·via Habeas Corpus Petition
  The court held that the double jeopardy claim was barred by res judicata and that the Parole Commission's decision substantially complied with its regulations, but remanded for consideration of the good time credit claim.
• McAFFEE v. Procunier
  761 F.2d 1124· 5th Cir.· 1985-06-03 ·cited 8×
  The court affirmed the denial of habeas corpus regarding evidentiary rulings but remanded for an evidentiary hearing on the sentencing issue, finding a potential due process violation.
• Smith v. Procunier
  769 F.2d 170· 4th Cir.· 1985-05-10 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the sentencing phase of the trial.
• United States v. Lehman
  756 F.2d 725· 9th Cir.· 1985-03-28 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the government's refusal to disclose footprint photograph reports did not constitute a Brady violation because the evidence was not material to the outcome of the trial.
• Cantone v. Superintendent, NEW York Corr. Facility AT Green Haven, & Robert Abrams, Attorney Gen. of the State of N.Y.
  759 F.2d 207· 2d Cir.· 1985-03-26 ·cited 8×·via Habeas Corpus Petition
  The court held that while the petitioner made a specific request for the withheld information, the information was not material under Brady v. Maryland, and thus did not deprive him of due process. The court also found the mistrial claim was procedurally defaulted.
• Johnson v. Rodgers
  756 F.2d 79· 10th Cir.· 1985-03-05 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court did not err in awarding good-time credits to a Youth Corrections Act offender denied rehabilitation.
• LEE v. A.L. Lockhart
  754 F.2d 277· 8th Cir.· 1985-02-08 ·cited 8×·via Habeas Corpus Petition
  The court affirmed the district court's judgment, finding that the defendant suffered no adverse consequences from an invalid conviction due to the concurrent sentence doctrine.
• Monroe v. Blackburn
  748 F.2d 958· 5th Cir.· 1984-12-04 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court did not err in ordering the state to reconsider the new trial motion rather than granting a new trial outright, and affirmed the denial of other claims.
• Speedy v. Wyrick
  748 F.2d 481· 8th Cir.· 1984-11-15 ·cited 8×·via Habeas Corpus Petition
  The court held that the evidence before the trial court was insufficient to raise a reasonable doubt as to the defendant's competency to stand trial, thus the trial court was not required to sua sponte order a competency hearing.
• Irby v. State
  454 So. 2d 757· Fla. 1st DCA· 1984-08-23 ·cited 8×
  The court held that the trial court properly denied the motion for postconviction relief because the grounds raised were either raised or could have been raised on direct appeal, and the motion lacked sufficient factual allegations.
• Bibby v. Tard
  741 F.2d 26· 3d Cir.· 1984-08-03 ·cited 8×
  The court held that a federal district court must conduct an evidentiary hearing on a habeas corpus petition if the petitioner alleges the sentencing judge relied on materially false information regarding prior convictions, and the state courts did not provide a full and fair hea
• Carr v. Hutto
  737 F.2d 433· 4th Cir.· 1984-07-10 ·cited 8×·via Petition For Habeas Corpus Relief
  A party's failure to make a timely objection to a magistrate's report precludes them from raising those objections on appeal.
• Tsirizotakis v. LeFEVRE
  736 F.2d 57· 2d Cir.· 1984-06-11 ·cited 8×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas petition, finding that the petitioner procedurally defaulted on his claims and that his counsel's assistance did not constitute cause for the default or an independent constitutional violation.
• Morgan v. Israel
  735 F.2d 1033· 7th Cir.· 1984-05-31 ·cited 8×
  The court held that the defendant knowingly waived his right to a trial on the issue of intent by pleading not guilty by reason of insanity, and thus his petition for habeas corpus was properly denied.
• Prado McGEE, Jr. v. W.J. Estelle, Jr.
  732 F.2d 447· 5th Cir.· 1984-05-21 ·cited 8×·via Habeas Corpus Petition
  The court held that the use of a constitutionally invalid prior conviction for sentence enhancement, when that conviction was specifically alleged in the indictment, cannot be considered harmless error, even if other valid convictions exist. The court also found that the district
• Trass v. Maggio
  731 F.2d 288· 5th Cir.· 1984-05-07 ·cited 8×·via Habeas Corpus Petition
  The court held that counsel's failure to move for severance, stemming from ignorance of the law, constituted ineffective assistance of counsel, entitling the petitioner to a new trial.
• United States ex rel. John Clauser v. McCEVERS
  731 F.2d 423· 7th Cir.· 1984-04-06 ·cited 8×
  The court held that the trial court's termination of the first trial due to a defective indictment based on false testimony was occasioned by manifest necessity, and therefore, the subsequent reindictment and conviction did not violate the Double Jeopardy Clause.
• Dougan v. Louie L. Wainwright
  448 So. 2d 1005· Fla.· 1984-04-05 ·cited 8×
  Jacob John Dougan petitioned for habeas corpus relief from his death sentence conviction, claiming his appellate counsel provided ineffective assistance due to conflict of interest and failure to raise meritorious claims. The Florida Supreme Court granted the petition and ordered
• Tyler v. Wyrick
  730 F.2d 1209· 8th Cir.· 1984-04-02 ·cited 8×
  The court held that a state prisoner's federal habeas petition must be dismissed if it contains any unexhausted claims, even if other claims have been exhausted.
• Britton v. State
  447 So. 2d 458· Fla. 2d DCA· 1984-03-30 ·cited 8×
  Terrance Britton appealed the denial of his habeas corpus petition challenging defective extradition papers from New York to Florida. The Florida District Court of Appeal held that the extradition documents failed to comply with statutory requirements because they included only a
• Weber v. Israel
  730 F.2d 499· 7th Cir.· 1984-03-22 ·cited 8×
  The court held that the petitioner's failure to raise the insanity plea issue in state court due to procedural default barred federal habeas review, and alternatively, that the withdrawal of the insanity plea was not clearly erroneous and was a valid strategic decision.
• Funchess v. State
  449 So. 2d 1283· Fla.· 1984-03-08 ·cited 8×
  A death penalty appeal where Funchess challenged his capital murder conviction and death sentences imposed for two murders in 1975. The court addressed claims of ineffective assistance at trial and on appeal, as well as alleged jury instruction errors and doubling of aggravating