674 Florida cases classified under this topic, plus 230 listed through its narrower topics · sorted by citation count · browse and sort
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The court held that the petitioner's claims regarding the habitual criminal finding, right to counsel, and Eighth Amendment challenge to his life sentence lacked merit.
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The court held that the state court's finding that juror Creamer was properly excused for cause was fairly supported by the record, and the district court erred in vacating the death sentence.
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856 F.2d 909·
7th Cir.·
1988-09-06
·cited 6×
The court held that while the state court's implicit finding of a voluntary Miranda waiver is entitled to deference, a remand is necessary for an evidentiary hearing on the voluntariness of the confession itself due to insufficient record evidence.
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838 F.2d 1·
1st Cir.·
1988-01-26
·cited 6×
The court held that the petitioners' constitutional rights were not violated by the prosecution's conduct regarding a key witness or by the sufficiency of the evidence against petitioner Doherty.
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The dissenting judge holds that the prosecution presented insufficient evidence of premeditation and deliberation to sustain a first-degree murder conviction.
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809 F.2d 1478·
11th Cir.·
1987-01-20
·cited 6×
The court held that the state courts' findings that the petitioner contemplated the use of lethal force and voluntarily participated in the robbery and murders were supported by the record and satisfied the Enmund standard, thus allowing the imposition of the death penalty.
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784 F.2d 996·
9th Cir.·
1986-03-13
·cited 6×
The court held that the admission of preliminary hearing testimony violated the Confrontation Clause because the prosecution failed to demonstrate the witness's unavailability and the testimony lacked sufficient indicia of reliability.
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769 F.2d 402·
7th Cir.·
1985-07-29
·cited 6×
The court held that the prosecutor's elicitation of improper testimony, even if careless or reckless, did not impermissibly influence the jury's determination of guilt, and thus federal habeas corpus relief was not warranted.
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746 F.2d 672·
11th Cir.·
1984-10-26
·cited 6×
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747 F.2d 1046·
6th Cir.·
1984-10-22
·cited 6×
The court held that a guilty plea is not rendered involuntary merely because it was entered to avoid the possibility of a death penalty, and the judge's explanation of potential consequences does not constitute coercion if it is a fair description of alternatives.
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593 F. Supp. 1418·
M.D. Fla.·
1984-09-03
·cited 6×
The court held that the state court's findings of fact were presumed correct and supported by the record, and that the petitioner's claims regarding witness testimony reliability and ineffective assistance of counsel lacked merit.
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733 F.2d 424·
6th Cir.·
1984-05-04
·cited 6×
The trial court's denial of the defendant's request for substitute counsel, made due to an irreconcilable conflict and ineffective representation, deprived the defendant of his Sixth Amendment right to effective assistance of counsel.
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727 F.2d 1387·
5th Cir.·
1984-03-26
·cited 6×
The court held that while the state trial court erred by not holding a hearing on the voluntariness of the incriminating statement, the error was harmless because the record supported the statement's voluntariness and there was no evidence of coercion.
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717 F.2d 635·
1st Cir.·
1983-09-14
·cited 6×
The court held that the undisclosed exculpatory evidence, even if considered, would not have affected the outcome of the trial, and thus affirmed the denial of the habeas corpus petition.
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715 F.2d 1217·
7th Cir.·
1983-08-25
·cited 6×
The court held that the petitioner's thirty-two month delay between charge and arrest did not violate his Sixth Amendment right to a speedy trial.
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The court held that the trial court's failure to submit a straight 'not guilty' verdict form to the jury violated the defendant's Sixth and Fourteenth Amendment rights to have a jury determine guilt beyond a reasonable doubt.
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The dissenting judge would affirm the district court's denial of habeas corpus relief, finding no demonstrated prejudice from counsel's alleged failure to investigate a rumor.
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654 F.2d 707·
10th Cir.·
1981-07-22
·cited 6×
The court held that the prosecution failed to demonstrate a good-faith effort to secure the witness's presence at trial, thus violating the Sixth Amendment's confrontation clause.
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614 F.2d 1067·
5th Cir.·
1980-04-04
·cited 6×
The court held that the district court correctly denied the habeas corpus petition because the state court findings were entitled to a presumption of correctness and were supported by the record.
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587 F.2d 695·
5th Cir.·
1979-01-10
·cited 6×
The court would reverse the district court's finding because the state court's fact-finding, on the same record, is entitled to a presumption of correctness and there is no substantial evidence to support the district court's contrary finding.
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The court held that the District Judge's reliance on the presumption of correctness under 28 U.S.C. § 2254(d) was misplaced because the state trial judge made no factual finding on the voluntariness of the confession.
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The court held that the district court did not err in denying the habeas corpus petition without providing transcripts, as the petitioner had prior access and failed to demonstrate a need or new supporting evidence.
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512 F.2d 860·
10th Cir.·
1975-03-18
·cited 6×
The court held that the petitioner's constitutional rights were not violated by the confession obtained in Mexico, as the state court's determination of voluntariness was presumed correct and the Miranda warnings, though imperfect, were a good faith effort under the circumstances
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The court held that the federal courts must defer to state court factual findings when supported by the record, and that the petitioner received constitutionally effective assistance of counsel.
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462 F.2d 1056·
10th Cir.·
1972-07-17
·cited 6×
The court held that the inmate's confinement in prison, despite sexual assaults, did not constitute cruel and unusual punishment violating the Eighth Amendment, and thus habeas corpus relief was not warranted.
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The dissenting judge believes the majority erred by not granting a hearing to assess the credibility of the petitioner's assertion of non-knowing waiver of counsel.
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421 F.2d 671·
10th Cir.·
1970-02-11
·cited 6×
The court held that the federal district court properly denied Garcia's habeas corpus petition, affirming the denial of relief.
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The court held that the district court erred in denying the habeas application based on prior proceedings because those proceedings lacked an evidentiary hearing on the merits. The court also noted a substantial new issue regarding denial of counsel that could warrant relief.
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The court affirmed the district court's denial of the writ of habeas corpus, holding that federal courts should defer to state court decisions on the merits when federal standards have been met.
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912 F.2d 924·
8th Cir.·
1990-08-15
·cited 5×
The dissenting opinion argues that the state trial court's refusal to instruct the jury on first-degree (felony) murder in a capital case violated due process and equal protection. This refusal stemmed from an inconsistent and arbitrary application of Missouri law by the state ap
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763 F. Supp. 1110·
M.D. Fla.·
1989-08-17
·cited 5×
The court held that the trial court erred by precluding mitigating evidence regarding Petitioner's drug and alcohol abuse and cousin's dominance, violating the Eighth Amendment, and granted a new sentencing hearing on that claim.
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822 F.2d 1027·
11th Cir.·
1987-07-27
·cited 5×
The court held that the nine-month delay between arrest and trial, absent prejudice, did not violate the constitutional right to a speedy trial.
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The court held that the appellant was not denied effective assistance of counsel nor a fair trial, and that the district court correctly denied his petition for a writ of habeas corpus.
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731 F.2d 391·
7th Cir.·
1983-08-05
·cited 5×
The court held that a district court cannot dismiss a habeas corpus petition without examining the trial record, especially when factual disputes are raised regarding evidence admissibility and discovery.
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The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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The Florida Parole Commission violated Petitioner's due process rights by disregarding a hearing examiner's factual findings and substituting its own in revoking his control release.
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249 F. Supp. 2d 1285·
S.D. Fla.·
2003-03-19
·cited 4×
The Court found that the Petitioner's waiver of his Miranda rights was not knowing and intelligent due to his severe intellectual deficits, and therefore his confession should have been suppressed.
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987 F.2d 1116·
5th Cir.·
1993-03-25
·cited 4×
The court held that the Texas capital sentencing scheme, including its special issues, is constitutional and that the district court properly deferred to state court findings of fact. The court also found no unconstitutional deprivation of mental health expert assistance.
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987 F.2d 960·
3d Cir.·
1993-03-05
·cited 4×
The court held that the prosecution's use of peremptory challenges to strike black venirepersons violated the petitioner's right to equal protection under the Fourteenth Amendment.
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989 F.2d 1021·
9th Cir.·
1993-03-02
·cited 4×
The Ninth Circuit granted a certificate of probable cause and a stay of execution, finding that the district court erred in denying standing to a "next friend" petition for habeas corpus.
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The court held that ineffective assistance of post-conviction counsel does not constitute cause to excuse a procedural default, and inaccurate parole advice does not automatically taint a guilty plea without proof of prejudice.
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The court held that the state court erred by applying the wrong legal standard to determine the defendant's competency to waive his constitutional rights and enter guilty pleas.
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961 F.2d 74·
5th Cir.·
1992-05-06
·cited 4×
The court held that the trial judge's televised remarks did not demonstrate inadequate state court factfinding procedures or warrant relief under Rule 60(b).
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956 F.2d 68·
5th Cir.·
1992-02-27
·cited 4×
The court denied the defendant's request for a stay of execution and a certificate of probable cause to appeal, finding he failed to make a substantial showing of the denial of a federal right or a substantial case on the merits.
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957 F.2d 1048·
2d Cir.·
1992-02-26
·cited 4×
The district court erred by failing to defer to state court findings of fact regarding the effect of the Yamin letter on the petitioner's guilty plea.
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952 F.2d 1472·
4th Cir.·
1991-12-19
·cited 4×
The court held that the district court erred in dismissing a claim of ineffective assistance of counsel regarding the failure to use exculpatory forensic evidence without an evidentiary hearing, and remanded that claim for further proceedings. Other claims of ineffective assistan
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The court held that the trial judge did not err in conducting a private interview with a juror without defense counsel present, nor in summarily dismissing the habeas corpus petition.
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The court held that the district court correctly applied the presumption of correctness under 28 U.S.C. § 2254(d) to state court findings of fact when reviewing a habeas petition for insufficient evidence, and that the evidence was sufficient to support the conviction.
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935 F.2d 926·
8th Cir.·
1991-05-29
·cited 4×
The court held that the state trial court violated due process by permitting the defendant to withdraw his competency motion without an adequate evidentiary hearing, despite evidence raising sufficient doubt about his mental competency.
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