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

• Dufresne v. Moran
  729 F.2d 18· 1st Cir.· 1984-03-01 ·cited 8×
  A guilty plea is not invalidated by counsel's incompetence unless the incompetence actually and materially influenced the defendant's decision to plead guilty.
• Cole v. Hunter
  726 F.2d 434· 8th Cir.· 1984-02-07 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, finding no violation of the Sixth Amendment right to confrontation and declining to reach the merits of the Fifth Amendment claim due to failure to exhaust state remedies.
• Castaldo v. United States Parole Comm'n & George Rodgers
  725 F.2d 94· 10th Cir.· 1984-01-16 ·cited 8×·via Habeas Corpus Petition
  The court held that the Parole Commission adequately established good cause to exceed parole guidelines based on the magnitude of the offense and prior cocaine convictions, and that no impermissible double-counting occurred.
• Guice v. Fortenberry
  722 F.2d 276· 5th Cir.· 1984-01-09 ·cited 8×
  The state's rebuttal evidence was sufficient to support the trial court's finding that the grand jury foreman was not selected on racial grounds.
• Garafola v. G.C. Wilkinson
  721 F.2d 420· 3d Cir.· 1983-11-15 ·cited 8×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  A federal prisoner paroled to a state detainer under 28 C.F.R. § 2.32(a)(2) is considered 'paroled' under the Parole Act, and thus the Parole Commission can deny credit for time spent in state prison upon revocation for a new offense.
• Alexander v. State OF Md.
  719 F.2d 1241· 4th Cir.· 1983-10-20 ·cited 8×·via Habeas Corpus Petition
  The court held that the state failed to prove Alexander would have been waived to adult court in 1961, and that his petition was not barred by laches under Habeas Rule 9(a).
• Autry v. W.J. Estelle, Jr.
  719 F.2d 1247· 5th Cir.· 1983-10-04 ·cited 8×
  The court held that the petitioner failed to make a substantial showing of a denial of a federal right, and thus denied his motions for a certificate of probable cause and a stay of execution.
• Celeste Broughton v. State OF N.C.
  717 F.2d 147· 4th Cir.· 1983-09-19 ·cited 8×
  The appeal is dismissed as moot because the appellant has served her sentence and will suffer no collateral legal consequences from the contempt conviction.
• Howze v. Marshall
  716 F.2d 396· 6th Cir.· 1983-09-09 ·cited 8×
  Placing the burden on a defendant to prove insanity by a preponderance of the evidence does not violate due process, provided the state proves all elements of the crime beyond a reasonable doubt.
• Bowling v. The United States
  713 F.2d 1558· Fed. Cir.· 1983-08-10 ·cited 8×
  The Claims Court correctly granted summary judgment, affirming that military court-martial judgments are subject to narrow collateral attack on constitutional grounds, but factual determinations and claims receiving fair consideration in the military system are conclusive.
• Johnie B. Wilson v. Duckworth
  716 F.2d 415· 7th Cir.· 1983-08-01 ·cited 8×
  The court held that the jury instruction regarding low I.Q. did not so infect the entire trial as to violate due process, and that the denial of appointed counsel was within the court's discretion.
• Stinson v. Louie L. Wainwright
  710 F.2d 743· 11th Cir.· 1983-07-28 ·cited 8×
  A federal court is not required to hold an evidentiary hearing on a habeas petition challenging a guilty plea if the state court record, including attorney representations and plea colloquy, fairly supports the determination that the plea was voluntary and the defendant was compe
• United States v. J.W. Fairman and Tyrone C. Fahner
  712 F.2d 315· 7th Cir.· 1983-07-20 ·cited 8×
  The United States Constitution does not require a state to admit hearsay evidence from an unavailable witness, even if made under oath and subject to an unused opportunity for cross-examination, if other indicia of reliability are lacking.
• Birt v. Montgomery
  709 F.2d 690· 11th Cir.· 1983-07-11 ·cited 8×·via Habeas Corpus Petition
• Levis Leon Aldridge v. Louie L. Wainwright
  433 So. 2d 988· Fla.· 1983-06-14 ·cited 8×
  The court held that the petitioner's claims regarding the application of legal principles, jury instructions, and the death sentencing scheme were without merit and did not warrant habeas corpus relief.
• L.P.S. v. Lamm
  708 F.2d 537· 10th Cir.· 1983-06-02 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the trial court did not abuse its discretion in denying the motion to reinstate the civil rights action because the parties' stipulation clearly granted the trial court discretion to make that decision.
• Pennywell v. Rushen
  705 F.2d 355· 9th Cir.· 1983-05-03 ·cited 8×·via Habeas Corpus Petition
  The failure of California courts to give a trial on a defendant's insanity plea did not violate federal due process, especially when the plea was invalidly entered and the underlying issues were considered under a diminished capacity defense.
• Hindman v. Wyrick
  702 F.2d 148· 8th Cir.· 1983-03-16 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner was not prejudiced by his trial counsel's failure to call a specific witness, and thus was not denied effective assistance of counsel.
• Hartley v. Neely
  701 F.2d 780· 9th Cir.· 1983-03-14 ·cited 8×
  The court held that the exhaustion requirement for habeas corpus may be satisfied before a final state court judgment when the claim involves double jeopardy, and that a defendant who sought a mistrial is barred from a double jeopardy claim unless the mistrial was provoked by the
• Jones v. Jago
  701 F.2d 45· 6th Cir.· 1983-02-22 ·cited 8×·via Habeas Corpus Petition
  The court held that a federal court may entertain constitutional claims in a habeas corpus petition when the state appellate court addresses the merits of the claim, even if a procedural default occurred at trial.
• Despres v. State
  427 So. 2d 257· Fla. 5th DCA· 1983-02-16 ·cited 8×·via Habeas Corpus Petition
  Despres sought a belated appeal of his robbery conviction more than 14 months after sentencing, alleging his public defender failed to file an appeal despite his request. The court appointed a Commissioner to investigate and, finding no prejudice to the State despite trial counse
• Sudds v. Maggio
  696 F.2d 415· 5th Cir.· 1983-01-27 ·cited 8×·via Habeas Corpus Petition
  The court held that the denial of a challenge for cause, refusal to instruct on intoxication, and use of prior convictions for sentence enhancement do not provide grounds for habeas corpus relief.
• Mata v. Sumner
  696 F.2d 1244· 9th Cir.· 1983-01-20 ·cited 8×
  The court held that the pretrial photographic identification procedures used were so impermissibly suggestive as to create a substantial likelihood of irreparable misidentification, violating the defendant's due process rights.
• Paul v. Henderson
  698 F.2d 589· 2d Cir.· 1983-01-18 ·cited 8×·via Habeas Corpus Petition
  The court held that a defendant waives his double jeopardy claim if he fails to raise it before the second trial, and that a retrial after a mistrial does not violate the Double Jeopardy Clause.
• Earnest Lee Langston v. Wyrick
  698 F.2d 926· 8th Cir.· 1982-12-22 ·cited 8×
  A federal court may not grant habeas corpus relief for ineffective assistance of counsel based on a trial attorney's strategic decision not to interview prosecution witnesses, absent evidence of a strong misidentification defense or other compelling circumstances.
• Clark v. Solem
  693 F.2d 59· 8th Cir.· 1982-11-23 ·cited 8×
  The court held that the appellant's guilty plea was knowing, intelligent, and voluntary, and that his sentence did not violate equal protection principles.
• Morse v. State OF Tex.
  691 F.2d 770· 5th Cir.· 1982-11-15 ·cited 8×·via Habeas Corpus Petition
  A voluntary guilty plea, intelligently made in light of the then-applicable law, does not become vulnerable because later judicial decisions indicate that the plea rested on a faulty premise, such as the potential use of an uncounseled conviction for enhancement.
• Siegel v. State OF NEW York & Edward J. Kuriansky
  691 F.2d 620· 2d Cir.· 1982-10-22 ·cited 8×·via Habeas Corpus Petition
• Blaikie v. Callahan
  691 F.2d 64· 1st Cir.· 1982-10-18 ·cited 8×·via Habeas Corpus Petition
  The Sixth Amendment right to present a defense does not require a court to allow a defendant to reopen their case after resting to present expert testimony, especially when the testimony is not crucial and the defendant had prior opportunities to present evidence.
• Dougherty v. White
  689 F.2d 142· 8th Cir.· 1982-09-20 ·cited 8×
  The court held that a federal court's order extending probation to require restitution for offenses of which the defendant was not convicted is illegal and void.
• Ford v. Superintendent, Ky. State Penitentiary
  687 F.2d 870· 6th Cir.· 1982-09-09 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the magistrate abused discretion by refusing to hear crucial live testimony from a witness whose credibility was central to the petitioner's claim of constitutional violation.
• Lamar v. Fred Banks
  684 F.2d 714· 11th Cir.· 1982-08-26 ·cited 8×
  The court held that the Georgia 'fighting words' statute is not facially unconstitutional, but reversed and remanded for an evidentiary hearing on whether it was unconstitutionally applied.
• Robinson v. Scully
  690 F.2d 21· 2d Cir.· 1982-08-12 ·cited 8×
  The court held that North Carolina v. Pearce does not prohibit imposing a consecutive sentence upon resentencing when it was impossible to determine the relationship between sentences at the time of the original sentencing.
• Wheaton v. State
  420 So. 2d 604· Fla. 3d DCA· 1982-07-27 ·cited 8×
  Scott Wheaton challenged his extradition to Virginia on the grounds that the extradition documents were deficient. The Florida appellate court held that while the Governor's certification of authenticity is necessary, it does not substitute for the statutory requirement that the
• Harrison v. Owen
  682 F.2d 138· 7th Cir.· 1982-06-29 ·cited 8×·via Habeas Corpus Petition
  The admission of Harrison's oral incriminating statements to police was harmless error beyond a reasonable doubt because his subsequent confession to a friend was nearly identical and admitted into evidence.
• Pierce v. Mims
  418 So. 2d 273· Fla. 2d DCA· 1982-06-25 ·cited 8×·via Writ Of Habeas Corpus
  The court held that hearsay testimony is inadmissible at a preliminary hearing to establish probable cause, and its admission warrants a writ of habeas corpus.
• Thurston Henderson v. Jago
  681 F.2d 471· 6th Cir.· 1982-06-24 ·cited 8×
  Failure to comply with Ohio's Contemporaneous Objection Rule, absent sufficient cause for the default, bars a federal habeas corpus challenge to jury instructions.
• Tippett v. Wyrick
  680 F.2d 52· 8th Cir.· 1982-06-14 ·cited 8×
  The court affirmed the dismissal of the habeas petition, finding the appellant failed to meet the 'cause and actual prejudice' standard for collateral attack and that the district court's finding of prejudice under Rule 9(a) was not clearly erroneous.
• Tweety v. Mitchell
  682 F.2d 461· 4th Cir.· 1982-06-10 ·cited 8×
  The dissenting judge would grant the writ of habeas corpus, finding that a jury instruction violated constitutional rights and that the procedural bar of a contemporaneous objection rule was improperly applied.
• Dietz v. Solem
  677 F.2d 672· 8th Cir.· 1982-05-12 ·cited 8×
  The court held that the petitioner failed to establish "cause" for not objecting to a jury instruction at trial, barring habeas corpus relief under Wainwright v. Sykes, as the constitutional basis for the claim was available at the time of trial.
• Morris v. Nimmons
  414 So. 2d 568· Fla. 1st DCA· 1982-05-06 ·cited 8×
  Petitioner Morris sought discharge from criminal charges under Florida's speedy trial rule after not being tried within 180 days of arrest. The court held that the speedy trial clock did not commence until petitioner was transferred to Duval County custody after completing his Na
• Euell v. Wyrick
  675 F.2d 1007· 8th Cir.· 1982-04-23 ·cited 8×·via Habeas Corpus Petition
  A federal habeas court may hear a jury selection claim even if not raised at trial, if state courts did not invoke their contemporaneous objection rule as a bar.
• Williford v. Estelle
  672 F.2d 552· 5th Cir.· 1982-04-09 ·cited 8×·via Habeas Corpus Proceedings
  The court held that the petitioner knowingly and intelligently waived his right to counsel, and the Louisiana conviction was not void.
• United States ex rel. Ronald Doss v. Lou V. Brewer
  685 F.2d 1003· 7th Cir.· 1982-03-25 ·cited 8×
  The court held that while the admission of certain evidence was an error, it was harmless due to overwhelming untainted evidence.
• Bowen v. A.I. Murphy
  693 F.2d 104· 10th Cir.· 1982-03-23 ·cited 8×
  The court held that a prisoner is not entitled to credit on a current sentence for time served on prior vacated convictions, nor is an evidentiary hearing required when there are no factual disputes.
• Allen v. United States Parole Comm'n
  671 F.2d 322· 9th Cir.· 1982-03-11 ·cited 8×
  The court held that the United States Parole Commission did consider the petitioner's completion of the NARA program, and therefore did not act arbitrarily or capriciously in denying parole.
• Goode v. Louie L. Wainwright
  410 So. 2d 506· Fla.· 1982-02-23 ·cited 8×
  Arthur Goode petitioned for habeas corpus challenging his appellate counsel's effectiveness and seeking a stay of execution. The Florida Supreme Court rejected his claims that counsel was ineffective for failing to raise sentencing errors, finding the record showed counsel had ad
• Pennington v. Housewright
  666 F.2d 329· 8th Cir.· 1981-12-16 ·cited 8×
• Collin L. Johnson v. Williams
  666 F.2d 842· 3d Cir.· 1981-12-15 ·cited 8×
  The court held that the Interstate Agreement on Detainers (IAD) was not violated because the defendant was not initially in New Jersey custody pursuant to a detainer, and subsequent transfers and detainers did not fall within the IAD's scope for completing pending criminal procee
• Collins v. Housewright
  664 F.2d 181· 8th Cir.· 1981-11-18 ·cited 8×
  The court held that the state trial court's failure to conduct a pretrial competency inquiry did not violate federal constitutional standards because the facts presented did not raise a bona fide doubt as to the defendant's competence.