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

• Huston v. Jones
  863 F.2d 30· 8th Cir.· 1988-12-15
  The court held that the appellant's third habeas corpus petition did not constitute an abuse of the writ, but that his claims of involuntariness were belied by the plea transcript.
• Tippitt v. A.L. Lockhart
  859 F.2d 595· 8th Cir.· 1988-10-17
  A custodial statement given in exchange for a fulfilled promise not to prosecute for an additional crime is not per se involuntary; voluntariness is determined by the totality of the circumstances.
• Singleton v. Thigpen
  856 F.2d 126· 11th Cir.· 1988-09-12 ·via Federal Habeas Corpus
  The court held that the denial of an evidentiary hearing was proper because the petitioner failed to establish cause and prejudice to overcome a procedural bar on his claim of diminished capacity to waive Miranda rights.
• Littlefield v. Caton
  856 F.2d 344· 1st Cir.· 1988-09-01 ·via Habeas Corpus Review
  The court held that a state prisoner is not constitutionally entitled to good-time credits awarded under statutes later declared unconstitutional as applied to previously sentenced individuals, even if those credits accelerated discharge dates.
• Kearns v. State
  530 So. 2d 479· Fla. 5th DCA· 1988-09-01
• GEE v. Clair Cripe
  853 F.2d 510· 7th Cir.· 1988-07-21
  The court held that the district court's transfer rule, which required inmates with pending litigation to remain in the Marion prison, was invalid as it usurped the Attorney General's statutory authority to designate prisoner confinement locations.
• Ruiz Velez v. State
  528 So. 2d 933· Fla. 5th DCA· 1988-07-07
  The court granted the petition for writ of habeas corpus, allowing a belated appeal of the conviction.
• Jaster Lee Marbley v. A.L. Lockhart
  846 F.2d 1161· 8th Cir.· 1988-05-23 ·via Habeas Corpus Relief
  A habeas petitioner must demonstrate both deficient performance by counsel and prejudice resulting from that deficiency to warrant relief.
• Robinson v. State
  523 So. 2d 1281· Fla. 4th DCA· 1988-05-04
  The court held that the motion for post conviction relief was timely, reversing the summary denial.
• Mikolon v. United States
  844 F.2d 456· 7th Cir.· 1988-04-13 ·via Habeas Corpus Relief
  The court held that the petitioner's claim that inaccurate charts in his presentence report prejudiced his parole chances did not warrant vacating his sentence, as the original sentencing was not fundamentally unfair and the primary concern was parole eligibility, not sentence le
• Bryant William Bowles v. Dugger
  838 F.2d 1145· 11th Cir.· 1988-02-29 ·via Habeas Corpus Relief
  A defendant proceeding pro se does not have an automatic right to a continuance, and the denial of such a continuance does not violate constitutional rights.
• Elliott v. Warden, Seagoville, Texas (G.H. Rodgers)
  838 F.2d 194· 6th Cir.· 1988-02-04
  The court held that federal courts lack the authority to compel a state to accept custody of a prisoner or to order that a federal sentence run concurrently with a state sentence.
• Meylert Q. Marshall v. Cabana
  835 F.2d 1101· 5th Cir.· 1988-01-07 ·via Habeas Corpus Relief
  The sentencing judge had the authority to impose a split sentence for armed robbery, consisting of a period of incarceration followed by probation.
• Van Welch v. Butler
  835 F.2d 92· 5th Cir.· 1988-01-05 ·via Habeas Corpus Review
  The court held that statements made during a prayer session with a police officer, following a lawful recording of conversations, were voluntary and not a violation of due process, thus denying habeas corpus relief.
• Heffernan v. A.L. Lockhart
  834 F.2d 1431· 8th Cir.· 1987-12-14
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the record was insufficient to determine if Heffernan's constitutional rights were violated by the denial of continuances.
• Salomon Benarroch v. Crawford
  516 So. 2d 28· Fla. 3d DCA· 1987-11-24
  Petitioner Benarroch sought habeas corpus relief from a contempt of court order confining him to jail for 48 hours. The court granted the petition, finding that the trial court improperly imposed an indirect criminal contempt sentence without following required procedural due pro
• Meyer Biller v. Lopes
  834 F.2d 41· 2d Cir.· 1987-11-19
  The court held that the use of a conviction obtained through compelled testimony for impeachment purposes, which deterred the defendant from testifying, constitutes a fundamental constitutional error justifying habeas corpus relief, even if the defendant did not testify.
• Kirby v. Dutton
  831 F.2d 1280· 6th Cir.· 1987-10-28
  The court held that the petitioner's claims of actual conflict of interest from joint representation, prosecutorial misconduct, and ineffective assistance of counsel did not warrant habeas corpus relief because he failed to demonstrate prejudice or constitutional violations.
• Aron Edward Donn v. Baer
  828 F.2d 487· 8th Cir.· 1987-09-10 ·via Habeas Corpus Relief
  The court held that while the Parole Commission acted without authority in withdrawing an executed parole violator warrant, the appellant was not prejudiced by this action and thus not entitled to habeas corpus relief.
• Sabah Yohanna Toma v. Turnage
  825 F.2d 1400· 9th Cir.· 1987-08-25
  The district court lacked jurisdiction to entertain the alien's petition for a writ of habeas corpus because the grounds raised could have been presented in prior judicial proceedings and the prior remedy was not inadequate.
• Matthews v. Meese
  827 F.2d 313· 8th Cir.· 1987-08-24 ·via Habeas Corpus Relief
  The court held that time spent at liberty pending appeal of a sentence reduction order is not considered time 'in custody' and therefore is not credited against the sentence.
• Smith v. Armontrout
  825 F.2d 182· 8th Cir.· 1987-08-03 ·via Federal Habeas Corpus
  The court denied the warden's motion to vacate the stay of execution, affirming the district court's decision to grant the stay pending federal habeas corpus review.
• Andreu v. State
  509 So. 2d 1324· Fla. 5th DCA· 1987-07-16
  In this habeas corpus petition, the Florida court addresses whether a defendant who served federal parole time while a Florida detainer was in effect has completed his Florida sentence. The court holds that federal authorities' erroneous release of the defendant on parole despite
• Donahue v. Armontrout
  820 F.2d 971· 8th Cir.· 1987-06-15 ·via Federal Habeas Corpus
  The court held that a state prisoner seeking federal habeas corpus relief was not denied due process when a plea bargain was not strictly adhered to, because the prisoner was aware of the deviation and remained silent.
• Demetrios Papadakis v. Warden OF the Metro. Corr. Ctr.
  822 F.2d 240· 2d Cir.· 1987-06-15
  The court held that the district court correctly determined the Parole Commission lacked jurisdiction because the first special parole term expired due to the Commission's inaction and the second special parole term was illegally imposed.
• Mann v. Dugger
  817 F.2d 1471· 11th Cir.· 1987-05-14 ·via Federal Habeas Corpus
  The court held that the jury was not misled regarding its advisory role in sentencing and that certain claims regarding a prior conviction were procedurally barred.
• Gibson v. Fla. Parole & Prob. Comm'n
  506 So. 2d 474· Fla. 1st DCA· 1987-04-30
  Willie Gibson appealed the denial of his habeas corpus petition challenging his parole revocation by the Florida Parole and Probation Commission. Although the trial court erred by denying the petition before Gibson could file his authorized reply brief, the appellate court affirm
• Broesch v. Gagnon
  817 F.2d 37· 7th Cir.· 1987-04-20 ·via Habeas Corpus Relief
  The court held that the jury instruction created a permissive inference, not a mandatory presumption, and was therefore not constitutionally offensive.
• Rivera v. Santirocco
  814 F.2d 859· 2d Cir.· 1987-03-23 ·via Writ Of Habeas Corpus Ad Subjiciendum
  A federal district court has the power to direct the United States Marshals Service to take custody of a state prisoner and the Bureau of Prisons to house them during trial of the prisoner's civil rights action, using the All Writs Act to fill the statutory void after the prisone
• Hernandez v. Gregg
  813 F.2d 633· 3d Cir.· 1987-03-16
  The court held that the Immigration Reform and Control Act of 1986 (IRCA) did not automatically change the appellant's status from parolee to entrant, and therefore did not deprive the INS of authority to detain him.
• Bush v. Louie L. Wainwright
  505 So. 2d 409· Fla.· 1987-02-26
  The court held that the defendant's allegations of ineffective assistance of counsel and incompetency were legally insufficient to warrant post-conviction relief.
• Moody Nichols v. United States
  810 F.2d 1103· 11th Cir.· 1987-02-24
  The court held that a technical error in informing a defendant about the minimum and maximum special parole terms is harmless if the defendant cannot demonstrate prejudice, especially when the defendant was motivated to plead guilty by the expectation of conviction at trial.
• United States v. Collins
  651 F. Supp. 1177· S.D. Fla.· 1987-01-14 ·via Habeas Corpus (28 U.S.C. § 2255)
  A fugitive from justice is disentitled from pursuing post-conviction relief, and the court vacates its prior order granting such relief, reinstating the guilty plea and sentence.
• Garrett v. O.L. McCOTTER
  807 F.2d 482· 5th Cir.· 1987-01-13
  The Court held that the bribery indictments were fundamentally defective because they failed to allege an essential element of the offense under the current statute, thus depriving the convicting court of jurisdiction.
• Miller v. Solem
  807 F.2d 747· 8th Cir.· 1986-12-23
  The court affirmed the district court's denial of the habeas corpus petition, finding no clear error in the factual findings or legal errors.
• Ball v. Ricketts
  779 F.2d 578· 10th Cir.· 1986-12-16 ·via Habeas Corpus Review
  The court held that the lack of notice to the juvenile offender's parents regarding his arrest and arraignment violates due process and renders his guilty plea involuntary, requiring the conviction to be vacated.
• Wright v. State
  497 So. 2d 1313· Fla. 1st DCA· 1986-11-20
  Wright, arrested as a fugitive pursuant to an extradition warrant from Texas, petitioned for habeas corpus challenging his identity as the person named in the warrant. The court held that identical names constitute prima facie evidence of identity in extradition cases, and Wright
• Atwell v. Blackburn
  800 F.2d 502· 5th Cir.· 1986-09-26 ·via Habeas Corpus Review
  The court held that the petitioner failed to demonstrate a constitutional violation regarding the grand jury's fair cross-section or due process claims, affirming the denial of his habeas corpus petition.
• Thomas v. Kemp
  800 F.2d 1024· 11th Cir.· 1986-09-09 ·via Habeas Corpus Relief
  The court held that despite the Supreme Court's clarification on harmless error, the specific jury instruction in this capital case could not be deemed harmless beyond a reasonable doubt.
• Gilmore v. Marks
  799 F.2d 51· 3d Cir.· 1986-08-22 ·via Federal Habeas Corpus
  A state court's determination that a Fourth Amendment violation was harmless error is not reviewable on federal habeas corpus, as it is inseparable from the underlying Fourth Amendment claim and barred by Stone v. Powell.
• Williams v. A.L. Lockhart
  797 F.2d 344· 8th Cir.· 1986-08-05 ·via Habeas Corpus Relief
  The court held that a juror's voir dire statements did not demonstrate bias and a prosecutor's rebuttal argument did not improperly comment on the defendant's failure to testify.
• Owens v. Foltz
  797 F.2d 294· 6th Cir.· 1986-07-30 ·via Habeas Corpus Review
  The court held that the identification procedures used were not impermissibly suggestive and did not violate due process, and other claims of error did not rise to constitutional harm.
• Antoine v. Twin Harvesters, Inc.
  517 F. Supp. 7· S.D. Fla.· 1986-07-23 ·via Federal Habeas Corpus
• Olaniyan v. Dist. Dir.
  796 F.2d 373· 10th Cir.· 1986-07-22 ·via Habeas Corpus Proceedings
  The court held that it lacked jurisdiction to review the district director's denial of employment authorization because it involved factual issues requiring initial district court review, but affirmed the deportation order which was factually supported.
• Ciccarelli v. Wainwright
  490 So. 2d 1379· Fla. 4th DCA· 1986-07-16
  The court held that ineffective assistance of appellate counsel warrants granting a petition for writ of habeas corpus to allow a belated appeal.
• Getter v. Louie L. Wainwright
  490 So. 2d 177· Fla. 5th DCA· 1986-06-19
  Petitioner's habeas corpus petition alleging ineffective assistance of counsel for failing to properly advise him of his appeal rights states a prima facie claim, warranting appointment of a commissioner to conduct an evidentiary hearing.
• Bruce v. Carson
  489 So. 2d 1234· Fla. 1st DCA· 1986-06-13 ·via Habeas Corpus Proceedings
• Renzi v. Warden, U.S. Penitentiary, Terre Haute, IND., & Attorney Gen., State of Conn.
  792 F.2d 311· 2d Cir.· 1986-06-09
  The court held that the petitioner's guilty plea to second-degree murder was valid, despite claims of inadequate advisement of rights and factual basis.
• Davis v. Blackburn
  803 F.2d 807· 5th Cir.· 1986-06-06 ·via Federal Habeas Corpus
  Federal habeas relief is barred for a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it.
• Parnell Johnson v. Louie L. Wainwright
  489 So. 2d 1166· Fla. 1st DCA· 1986-05-22
  The court affirmed the trial court's denial of the post-conviction relief motion, finding no ineffective assistance of counsel.