Writ Of Habeas Corpus

3,651 Florida cases classified under this topic, plus 2,273 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Escobar v. O'Leary
  943 F.2d 711· 7th Cir.· 1991-09-10 ·via Habeas Corpus Review
  The court held that a retrial after a mistrial declared due to jury bias and deadlock is permissible under the manifest necessity doctrine, even if the defendant did not explicitly consent to the mistrial. The court also held that the mention of polygraph evidence did not render
• State v. Hunt
  584 So. 2d 228· Fla. 5th DCA· 1991-08-22
  Extradition is permissible even if the accused was not physically present in the demanding state when the crime was committed, provided the acts intentionally resulted in a crime there.
• Gov't of Jamaica v. United States
  770 F. Supp. 627· M.D. Fla.· 1991-07-31
  The court held that the petition for writ of habeas corpus and injunctive relief must be denied because there was no violation of Jamaican law or the Extradition Treaty, and deference is owed to the Executive Branch's determination regarding the return of the individual.
• In the Interest of P.A.G. v. M.G.
  584 So. 2d 600· Fla. 2d DCA· 1991-07-31
  The Florida Department of Health and Rehabilitative Services appeals an order unsealing adoption records to disclose the adoptive parents' names to the child's natural mother. The court reverses and remands, holding that the trial court failed to conduct a full evidentiary hearin
• Jones v. Whitley
  938 F.2d 536· 5th Cir.· 1991-07-20 ·via Federal Habeas Corpus
  The court held that the petitioner's second federal habeas corpus petition constituted an abuse of the writ because he failed to demonstrate cause and prejudice for not raising his claims in the first petition, and the claims did not present a fundamental miscarriage of justice.
• Lucio G. Rivera v. Collins
  934 F.2d 658· 5th Cir.· 1991-06-28 ·via Federal Habeas Corpus
  The court held that the petitioner's claims of ineffective assistance of counsel and violations of his rights of silence and counsel due to psychiatric examinations were without merit, and thus affirmed the denial of his habeas corpus petition.
• Adolph Lott v. State
  581 So. 2d 162· Fla.· 1991-06-20
• Dickerson v. Guste
  932 F.2d 1142· 5th Cir.· 1991-06-11 ·via Habeas Corpus Relief
  The court held that the time spent in federal prison under a state detainer does not count towards the speedy trial period, and denial of motions for a new trial and an investigator did not violate constitutional rights.
• Miller v. Barberton Mun. Court
  935 F.2d 775· 6th Cir.· 1991-06-07 ·via Habeas Corpus Relief
  The court held that the evidence was constitutionally insufficient to support a conviction for criminal recklessness under the applicable statute.
• Mustelier v. Dugger
  579 So. 2d 353· Fla. 3d DCA· 1991-05-14
  Salvador Mustelier seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise the omission of a jury instruction on second degree murder as a lesser included offense in his first degree felony murder conviction. The court holds that such an ins
• Herman v. Butterworth
  929 F.2d 623· 11th Cir.· 1991-04-25
  The court held that the admission of Exhibit 56, a summary of inadmissible confessions, was not prejudicial to the defendant's case, and therefore, counsel's failure to object did not constitute ineffective assistance of counsel.
• Felk v. Dugger
  577 So. 2d 717· Fla. 1st DCA· 1991-04-11
  Felk appeals denial of habeas corpus relief seeking provisional credits under a statute enacted after his crimes. The court affirms the denial but certifies an ex post facto question to the Florida Supreme Court regarding whether applying a restrictive gain-time statute to inmate
• Griffin v. Davies
  929 F.2d 550· 10th Cir.· 1991-03-29 ·via Habeas Corpus Review
  The court held that the trial judge's excessive admonitions to a prosecution witness did not violate the petitioner's due process rights because the witness testified and the testimony was not rendered less material or favorable due to the judge's actions.
• Johnson v. Lewis
  929 F.2d 460· 9th Cir.· 1991-03-22 ·via Federal Habeas Corpus
  The court held that the petitioner was not procedurally barred from seeking collateral review of his federal constitutional claim under Arizona law because the record did not show he knowingly, voluntarily, and intelligently waived the claim, and he had not previously litigated i
• Mills v. Collins
  924 F.2d 89· 5th Cir.· 1991-02-19 ·via Federal Habeas Corpus
  The Sixth Amendment does not require a defendant's consent to proceed with an eleven-member jury in a state criminal trial when state law permits it due to juror disability.
• Lowe v. United States
  923 F.2d 528· 7th Cir.· 1991-01-22 ·via Habeas Corpus (28 U.S.C. § 2255)
  The government has a right to appeal a sentence reduction granted under 28 U.S.C. § 2255, and the conviction for intimidation under Illinois law qualifies as a 'violent felony' under the Armed Career Criminal Act.
• McDANIEL v. State OF Ariz.
  921 F.2d 966· 9th Cir.· 1990-12-28 ·via Habeas Corpus Review
  The court held that modifying a sentence to be consecutive rather than concurrent, when the overall punishment was not increased, does not violate the Double Jeopardy Clause. Furthermore, collateral estoppel does not apply to sentencing modifications.
• Ivey v. Myers
  919 F.2d 1074· 5th Cir.· 1990-12-28 ·via Federal Habeas Corpus
  A petitioner satisfies the exhaustion requirement for federal habeas corpus if they have fairly presented their claims to the state's highest court, even if that presentation was via a petition for discretionary review after an intermediate appellate court ruled on the merits.
• Grant v. Hoke
  921 F.2d 28· 2d Cir.· 1990-12-14
  The court held that the denial of a severance motion did not abridge the petitioner's right to a fair trial under the fourteenth amendment, as the defenses, while antagonistic, were not so mutually exclusive that the jury had to disbelieve one to believe the other.
• Dep't of Health & Rehabilitative Servs. v. Cole
  574 So. 2d 160· Fla. 5th DCA· 1990-12-13
  HRS appealed an order requiring it to pay attorney's fees for Ronald Cole's representation of the Guardian Ad Litem Program in a child dependency case. The court reversed, holding that HRS has no obligation to pay the fees of counsel for the Guardian Ad Litem Program because HRS
• Ward v. Rutherford
  921 F.2d 286· D.C. Cir.· 1990-12-07 ·via Habeas Corpus Review
  The court held that assigning international extradition proceedings to a magistrate does not violate Article III or the Fifth Amendment.
• Thompson v. State
  570 So. 2d 423· Fla. 1st DCA· 1990-11-21
  Percy Thompson petitioned for a writ of habeas corpus arguing that delays in his appellate briefing, caused by the public defender's office being overworked, entitled him to immediate release pending appeal. The court denied the petition, finding that the legislature had appropri
• Hardy v. Wigginton
  922 F.2d 294· 6th Cir.· 1990-10-29 ·via Habeas Corpus Review
  The court held that the petitioner's claim that a child witness must testify in the physical presence of the trier of fact constitutes a 'new rule' that is not retroactively applicable on federal habeas review.
• Evans v. Muncy
  916 F.2d 163· 4th Cir.· 1990-10-16 ·via Federal Habeas Corpus
  The court held that a federal court cannot grant habeas relief based on a 'new rule' that does not fall under Teague v. Lane exceptions, and that claims based on post-conviction conduct are matters for executive clemency, not federal habeas corpus.
• Johnson v. State OF Md.
  915 F.2d 892· 4th Cir.· 1990-10-01 ·via Habeas Corpus Relief
  The dissenting judge believes a new trial was warranted due to insufficient inquiry into potential racial prejudice among jurors.
• Wickham v. Denis Dowd
  914 F.2d 1111· 8th Cir.· 1990-09-24 ·via Habeas Corpus Review
  The court held that the district court announced a new constitutional rule and applied it retroactively, violating the Teague v. Lane precedent.
• Smith v. Dugger
  911 F.2d 494· 11th Cir.· 1990-08-22
  The court held that the district court erred in denying the writ of habeas corpus after finding counsel's failure to suppress confessions was unreasonable, as prior rulings established prejudice.
• Flores v. State OF Minn.
  906 F.2d 1300· 8th Cir.· 1990-07-05 ·via Habeas Corpus Review
  The court held that the jury instructions on premeditation and intoxication, as well as the evidentiary rulings, did not violate due process and that the evidence was sufficient to support the conviction.
• Adolph Lott v. Lawrence
  564 So. 2d 197· Fla. 3d DCA· 1990-07-03
  Petitioner's habeas corpus petition for release based on the state's failure to timely file an information is denied as moot because the state filed the information before the court could grant relief, though the court found the state failed to demonstrate good cause for the dela
• Hogan v. Koenig
  920 F.2d 6· 9th Cir.· 1990-06-04 ·via Habeas Corpus Review
  The court held that California, not being a party to the treaty, is not bound by its provisions regarding consent to prisoner transfer and has the power to deny consent.
• Carbray v. Champion
  905 F.2d 314· 10th Cir.· 1990-05-25 ·via Habeas Corpus Relief
  The modification of the appellant's sentence by the Oklahoma Court of Criminal Appeals did not violate the Due Process Clause, as the state appellate court had the authority under state law to exercise its discretion and modify the jury's sentence.
• Jolly v. State
  571 So. 2d 7· Fla. 2d DCA· 1990-05-18
• R.C. v. Fryer
  561 So. 2d 31· Fla. 4th DCA· 1990-05-16
• Risken v. United States
  899 F.2d 728· 8th Cir.· 1990-03-29
  The court held that the district court correctly denied the appellant's motions to correct his presentence investigation report and his sentence, as the claims were either not properly raised or had already been rejected on direct appeal.
• Velasquez v. Leonardo
  898 F.2d 7· 2d Cir.· 1990-03-07 ·via Federal Habeas Corpus
  Federal habeas review is precluded when a state court explicitly relies on a procedural default, even if it also rules on the merits.
• Rayburn Paulk v. Braxton
  562 So. 2d 699· Fla. 1st DCA· 1990-02-26
  The court held that incarceration for civil contempt was improper because the arrearage had been reduced to judgment, making incarceration an unavailable remedy, and because the order for incarceration was oral.
• Birr v. Shillinger
  894 F.2d 1160· 10th Cir.· 1990-01-22 ·via Federal Habeas Corpus
  The court held that a federal habeas court must defer to a state court's determination that the state legislature intended cumulative punishments, thus finding no double jeopardy violation.
• Larrinaga v. State
  554 So. 2d 1233· Fla. 5th DCA· 1990-01-11 ·via Habeas Corpus Relief
• Allen v. B.J. Bunnell
  891 F.2d 736· 9th Cir.· 1989-12-11 ·via Federal Habeas Corpus
  The court held that the rule established in Carter v. McCarthy, requiring defendants to be informed of mandatory parole terms as a direct consequence of a guilty plea, should not be applied retroactively to pleas entered before Carter was decided.
• In the Interest of D.A.T. v. Coler
  552 So. 2d 319· Fla. 2d DCA· 1989-11-17
  A juvenile adjudicated delinquent and committed to the Department of Health and Rehabilitative Services sought mandamus to compel HRS to place him in a commitment program within five days as required by Florida statute. The court granted the petition, holding that HRS must comply
• In the Interest of M.A. v. Coler
  555 So. 2d 1247· Fla. 2d DCA· 1989-11-15
  A juvenile committed to the Department of Health and Rehabilitative Services (HRS) sought mandamus relief to compel HRS to comply with Florida Statute 959.12, which requires placement in a commitment program within five days of commitment. The court granted the petition and order
• In the Interest of T.J.D. v. Coler
  555 So. 2d 1245· Fla. 2d DCA· 1989-11-15
  A juvenile adjudicated delinquent and committed to HRS seeks mandamus relief to compel HRS to place him in a commitment program rather than continuing detention. The court holds that section 959.12, Florida Statutes requires HRS to remove juveniles from detention and place them i
• Mader v. City of St. Petersburg
  291 F. App'x 57· M.D. Fla.· 1989-10-10 ·via Federal Habeas Corpus
• Adams v. Dugger
  547 So. 2d 344· Fla. 1st DCA· 1989-08-15
  Two inmates challenged their disciplinary confinement and forfeiture of gain time imposed by the Florida Department of Corrections, arguing the disciplinary rule was unconstitutional, the finding lacked evidentiary support, the hearing procedure was deficient, and a team member w
• Eutzy v. Tesar
  880 F.2d 1010· 8th Cir.· 1989-08-03 ·via Federal Habeas Corpus
  The court held that the right to expunge state records is not a federal constitutional right and habeas corpus is the exclusive federal remedy for attacking state court convictions.
• Buck v. Herb Maschner
  878 F.2d 344· 10th Cir.· 1989-07-03
  The introduction of evidence from a prior trial where the defendant was acquitted violates the Fifth Amendment's guarantee against double jeopardy, as embodied by the doctrine of collateral estoppel.
• Salerno v. United States
  878 F.2d 317· 9th Cir.· 1989-06-29
  The court held that the appellant did not demonstrate special circumstances justifying bail pending appeal of an extradition certification denial.
• Taylor v. T.H. Bigham
  543 So. 2d 884· Fla. 1st DCA· 1989-06-02
• Felts v. Estelle
  875 F.2d 785· 9th Cir.· 1989-05-30
  The court held that compelling an indigent defendant to stand trial in prison garb due to financial inability to obtain other attire violates the due process clause.
• Sheppard v. State OF La. Bd. OF Parole
  873 F.2d 761· 5th Cir.· 1989-04-27 ·via Habeas Corpus Proceedings
  The court held that a prisoner's civil rights claims challenging parole supervision fees as an ex post facto violation should not be dismissed prematurely and may require a stay or dismissal without prejudice pending habeas corpus exhaustion.