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

• Thad Douglas Lowe v. Duckworth
  663 F.2d 42· 7th Cir.· 1981-11-09 ·cited 8×
  The court held that while the district court's dismissal for failure to exhaust was erroneous due to state court delay, the federal petition became moot when the state court granted a new trial.
• Cooks v. Spalding
  660 F.2d 738· 9th Cir.· 1981-11-02 ·cited 8×·via Habeas Corpus Petition
  The court held that an attorney's waiver of a 12-person jury, with the defendant's silent presence, does not constitute an arbitrary or fundamentally unfair trial, and thus does not deprive the defendant of due process or effective assistance of counsel.
• Elbert Phillip Long v. Smith
  663 F.2d 18· 6th Cir.· 1981-10-21 ·cited 8×·via Habeas Corpus Petition
  The court held that a federal appellate court cannot review state court jury instruction errors in a habeas corpus proceeding unless they rise to the level of a due process violation, and that failure to object at trial under state rules bars federal review absent a showing of ca
• Isaac v. Perrin
  659 F.2d 279· 1st Cir.· 1981-09-25 ·cited 8×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the appellant's Sixth Amendment right to a speedy trial was not violated, and therefore, the district court did not err in denying his petition for habeas corpus relief.
• United States ex rel. Melvin Lee Smith v. Franzen
  660 F.2d 237· 7th Cir.· 1981-08-26 ·cited 8×
• Henrique v. United States Marshal & United States Parole Comm'n
  653 F.2d 1317· 9th Cir.· 1981-08-17 ·cited 8×
  The court held that the six-year maximum sentence under the Youth Corrections Act is tolled when a youthful offender absconds from parole supervision.
• Briggs v. Raines
  652 F.2d 862· 9th Cir.· 1981-08-07 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner had exhausted state remedies and that an evidentiary hearing is required to determine if the victim's FBI rap sheet contained favorable and material evidence that would have supported the petitioner's self-defense claim.
• Johnson v. Wyrick
  653 F.2d 1234· 8th Cir.· 1981-07-20 ·cited 8×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of relief.
• Bradshaw v. Carlson
  682 F.2d 1050· 3d Cir.· 1981-06-25 ·cited 8×·via Habeas Corpus Petition
  The court held that while the district court correctly dismissed most claims for failure to exhaust administrative remedies, it erred in dismissing the statutory construction claim regarding 18 U.S.C. § 5003. However, due to subsequent legislative amendments, no meaningful relief
• Johnson v. Duckworth
  650 F.2d 122· 7th Cir.· 1981-05-28 ·cited 8×
  The presence of an alternate juror during deliberations, who is instructed not to participate, does not violate a defendant's Sixth Amendment right to a jury trial.
• LaLANDE v. Spalding
  651 F.2d 643· 9th Cir.· 1981-03-23 ·cited 8×
  The court held that the district court erred in dismissing the habeas corpus petition based solely on a presumption of prejudice due to delay, as Congress removed such a presumption from Rule 9(a).
• Haney v. Rose
  642 F.2d 1055· 6th Cir.· 1981-03-04 ·cited 8×·via Petition For Habeas Corpus Relief
  Federal habeas review of a state prisoner's claim of an unfair jury is not precluded by Wainwright v. Sykes if the state court's finding of procedural waiver was based on a misinterpretation of the record. Prejudice is not presumed when a juror is exposed to information about a d
• VAN Curen v. Jago
  641 F.2d 411· 6th Cir.· 1981-02-10 ·cited 8×
  The Fourteenth Amendment did not require a hearing before rescinding parole under the facts of this case.
• Clonce v. Presley
  640 F.2d 271· 10th Cir.· 1981-02-06 ·cited 8×·via Petition For Habeas Corpus Relief
  The court held that while the petitioner was in state custody for habeas corpus purposes, his petition was properly dismissed for failure to exhaust state remedies.
• United States ex rel. Joseph Cyburt v. Rowe
  638 F.2d 1100· 7th Cir.· 1981-01-19 ·cited 8×·via Habeas Corpus Petition
  The court held that the trial court's failure to hold a full competency hearing was not constitutional error, and the guilty plea was voluntary and knowingly entered, and counsel was effective.
• Hassig v. Smith
  395 So. 2d 188· Fla. 1st DCA· 1981-01-16 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a Texas court order did not validly modify a Florida divorce decree regarding child support payments.
• Nelson v. McCARTHY
  637 F.2d 1291· 9th Cir.· 1980-11-28 ·cited 8×
  The court held that a high blood alcohol content does not automatically invalidate a waiver of constitutional rights, and that statements made to a psychiatrist were admissible even after the defendant invoked his right to remain silent with a detective, as his rights were scrupu
• Illsley v. United States Parole & Prob. Dep't
  636 F.2d 1· 1st Cir.· 1980-11-06 ·cited 8×
  The court held that the appellant's case was moot because the parole violation detainer had been withdrawn and the underlying issues were speculative, lacking a present controversy.
• Boyd v. Ira Mintz
  631 F.2d 247· 3d Cir.· 1980-09-29 ·cited 8×
  The court held that a breakdown in state procedure prevented the appellant from having a full and fair litigation of his Fourth Amendment claim, thus precluding federal habeas corpus relief.
• Zicarelli v. Dietz
  633 F.2d 312· 3d Cir.· 1980-09-09 ·cited 8×
  The court held that the Sixth Amendment's 'previously ascertained by law' clause prohibits ex post facto manipulation of trial venue, even if applied to states post-Fourteenth Amendment.
• Adams v. State
  387 So. 2d 498· Fla. 5th DCA· 1980-08-27 ·cited 8×
  Imprisonment imposed as a condition of probation is not a sentence and therefore does not entitle a defendant to statutory gain time credits.
• John W. Pence, M.D. v. Brown
  627 F.2d 872· 8th Cir.· 1980-08-15 ·cited 8×
  The court held that an enlistment contract procured by innocent material misrepresentation is subject to rescission, and modified the remedy to allow the Air Force to reinstate the officer as promised.
• Johns v. Dep't OF Just. OF the United States
  624 F.2d 522· 5th Cir.· 1980-08-01 ·cited 8×·via Writ Of Habeas Corpus
  The court held that deportation proceedings against an unrepresented infant violate due process, requiring the appointment of a guardian ad litem.
• Montes v. Jenkins
  626 F.2d 584· 7th Cir.· 1980-07-25 ·cited 8×·via Habeas Corpus Petition
  The court held that the introduction of a codefendant's adoption of the petitioner's confession was not a violation of confrontation rights, and the confession itself was voluntary and not the fruit of illegal detention.
• State v. Bacon
  385 So. 2d 1160· Fla. 2d DCA· 1980-07-11 ·cited 8×·via Habeas Corpus Proceedings
  Florida appealed the dismissal of aggravated assault charges against Robert Bacon. The trial court dismissed the case when the victim disappeared and, after the state refiled the charges, granted Bacon's motion to dismiss based on alleged double jeopardy and expiration of speedy
• Raulerson v. Wainwright
  508 F. Supp. 381· M.D. Fla.· 1980-06-24 ·cited 8×
  The court held that the death sentence was imposed in violation of due process because the petitioner was not informed of the contents of the presentence investigation report, which the trial court relied upon in part.
• Newman v. Hornsby
  385 So. 2d 1106· Fla. 5th DCA· 1980-06-18 ·cited 8×
  A father challenged two conflicting custody orders—one from Orange County (where he filed habeas corpus after his child was abducted) and one from Broward County (where the mother took the child and filed for custody). The court held that the Orange County court lacked jurisdicti
• Medina v. Sandstrom
  384 So. 2d 927· Fla. 3d DCA· 1980-06-13 ·cited 8×·via Writ Of Habeas Corpus
  A defendant charged with life-imprisonment crimes was denied bail based on a trial judge's finding that proof of guilt was evident and presumption was great. The defendant challenged this denial via habeas corpus, arguing the judge improperly relied on hearsay evidence—a victim's
• Brown v. State OF Md.
  618 F.2d 1057· 4th Cir.· 1980-04-09 ·cited 8×
  A voluntary and intelligent guilty plea, entered into after a plea bargain, waives the right to challenge convictions on double jeopardy grounds.
• Hankins v. Civiletti
  614 F.2d 953· 5th Cir.· 1980-03-31 ·cited 8×
  A party who testifies on direct examination waives the Fifth Amendment privilege against self-incrimination concerning matters relevant to that testimony, and cannot refuse to answer relevant cross-examination questions.
• Whitehead v. Louie L. Wainwright
  609 F.2d 223· 5th Cir.· 1980-01-07 ·cited 8×·via Habeas Corpus Petition
  The district court's finding of incompetence is affirmed, but its order limiting sentencing upon retrial is vacated.
• Neville v. Cavanagh
  611 F.2d 673· 7th Cir.· 1979-12-21 ·cited 8×
  The dissent argues that federal courts should not be reluctant to grant pre-trial habeas relief to the point of extinguishing claims, especially when state courts have already definitively ruled on the merits.
• Osborne v. Vinson F. Thompson
  610 F.2d 461· 6th Cir.· 1979-12-20 ·cited 8×·via Writ Of Habeas Corpus
  The court held that due process required the trial court to conduct a hearing on the petitioner's competency to stand trial when doubt was raised by psychiatric reports and the judge's own finding of incompetence.
• Wacht v. Harold J. Cardwell & the Attorney Gen. of the State of Ariz.
  604 F.2d 1245· 9th Cir.· 1979-09-24 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner failed to allege sufficient specific facts to demonstrate that his guilty plea was not intelligently or voluntarily made due to the trial judge's omission of parole ineligibility information.
• Evans v. Wilkerson
  605 F.2d 369· 7th Cir.· 1979-09-06 ·cited 8×
  The court held that the Bureau of Prisons' policy allowing an in absentia forfeiture of good time for escapees, followed by a due process hearing within a reasonable time after recapture, does not violate due process, even if the hearing occurs after the original mandatory releas
• Green v. Estelle
  601 F.2d 877· 5th Cir.· 1979-08-30 ·cited 8×·via Habeas Corpus Petition
  The court held that the state was collaterally estopped from relitigating the issue of malice in a second murder trial after the jury in the first trial had already determined that issue in the defendant's favor.
• Gagne v. Meachum
  602 F.2d 471· 1st Cir.· 1979-07-31 ·cited 8×·via Habeas Corpus Petition
  The court held that the state trial judge's jury instructions did not unconstitutionally shift the burden of proof to the defendant regarding self-defense or malice.
• Bennington v. Verne C. Thornton, Jr.
  370 So. 2d 856· Fla. 4th DCA· 1979-05-10 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a probationer arrested on a warrant, rather than for a new felony charge, is not entitled to a hearing within ten days under Section 949.11, Fla.Stat. (1977).
• Collins v. Perini
  594 F.2d 592· 6th Cir.· 1979-04-02 ·cited 8×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of the appellant's claims.
• Earle R. Robinson v. Berman
  594 F.2d 1· 1st Cir.· 1979-03-23 ·cited 8×
  The court held that the petitioner had sufficient notice that his conduct was illegal, as prior judicial decisions had clarified the meaning of 'unnatural sexual intercourse' in related statutes, thus the statute was not unconstitutionally vague as applied to him.
• T. W. C. v. Pate
  369 So. 2d 361· Fla. 1st DCA· 1979-03-14 ·cited 8×·via Writ Of Habeas Corpus
• Walker v. Loggins
  608 F.2d 731· 9th Cir.· 1979-02-01 ·cited 8×·via Habeas Corpus Petition
  The court held that the appellant's double jeopardy claim was meritless, but vacated the denial of habeas corpus relief on the self-representation claim and remanded for further consideration.
• Morgan v. Estelle
  588 F.2d 934· 5th Cir.· 1979-01-29 ·cited 8×·via Habeas Corpus Proceedings
  The court affirmed the denial of habeas corpus relief, holding that federal courts cannot grant relief on Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims.
• Fitch v. Estelle
  587 F.2d 773· 5th Cir.· 1979-01-12 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court erred in denying an evidentiary hearing on the petitioner's claims of incompetency to stand trial and involuntary guilty plea, and that the ineffective assistance of counsel claim should also be heard.
• Harkins v. Wyrick
  589 F.2d 387· 8th Cir.· 1979-01-10 ·cited 8×
  The court held that federal constitutional law does not require a state to grant credit for time spent in federal custody for reasons unrelated to the state conviction, even if the state prisoner was mentally incompetent.
• Pignone v. Sands
  589 F.2d 76· 1st Cir.· 1978-12-29 ·cited 8×·via Habeas Corpus Petition
  Federal habeas corpus relief is precluded under Stone v. Powell because the state courts afforded the petitioner a full and fair opportunity to litigate his Fourth Amendment claim.
• Carr v. State OF Ala.
  586 F.2d 462· 5th Cir.· 1978-12-15 ·cited 8×·via Habeas Corpus Petition
  The court held that the district court erred in finding the jury deliberation claim unexhausted, but correctly found the lineup and self-incrimination claims to be without merit.
• United States v. Degnan
  587 F.2d 619· 3d Cir.· 1978-11-28 ·cited 8×
  The court held that orders granting writs of habeas corpus but not yet disposing of the relators' custody are not final appealable orders.
• Moser v. Davis
  364 So. 2d 521· Fla. 2d DCA· 1978-11-15 ·cited 8×
  The court held that the trial court erred in ordering the father to deliver the children to the mother without first determining jurisdiction under the Uniform Child Custody Jurisdiction Act.
• Application of William Baldwin for Appointment of Counsel v. Benson
  584 F.2d 953· 10th Cir.· 1978-09-28 ·cited 8×
  The court held that under 18 U.S.C. § 4214, parolees have a right to appointed counsel in revocation proceedings unless they knowingly and intelligently waive that right.