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

• Brown v. Louie L. Wainwright
  489 So. 2d 718· Fla.· 1986-05-19
  The court granted the petition for writ of mandamus, directing the commission to immediately establish an effective parole release date for the petitioner.
• Titus E. Aaron v. Pepperas
  790 F.2d 1358· 9th Cir.· 1986-05-16
  The appeal is dismissed for lack of jurisdiction because the case is moot, as the appellant has served his sentence and demonstrated no actual harm from the contested sentence.
• Roman v. Abrams
  790 F.2d 244· 2d Cir.· 1986-05-09
  A prisoner seeking to cross-appeal from the denial of other claims in a habeas corpus petition, after the state appeals the granting of the writ on specified grounds, requires a certificate of probable cause.
• Surace v. Wainwright
  1986 U.S. Dist. LEXIS 25988· S.D. Fla.· 1986-05-01 ·via Federal Habeas Corpus
  The court held that the petitioner's claims regarding jury instructions, confession voluntariness, prosecutorial misconduct, and double jeopardy did not rise to the level of constitutional error warranting habeas relief.
• Clark v. State OF Tex. & O.L. McCotter
  788 F.2d 309· 5th Cir.· 1986-04-30 ·via Federal Habeas Corpus
  Federal habeas corpus relief is barred by procedural default when a state prisoner fails to raise issues on direct appeal as required by state law, absent a showing of cause and prejudice.
• In re the Extradition OF Walter Dixon
  487 So. 2d 1195· Fla. 2d DCA· 1986-04-30
  The Florida District Court of Appeal reversed the denial of a habeas corpus petition, holding that an extradition warrant mischaracterizing the appellant as a "fugitive from justice" was defective. The court found that the warrant failed to reflect the governor's discretionary po
• Notaro v. Luther
  800 F.2d 290· 2d Cir.· 1986-04-15
  The court held that the Parole Commission did not abuse its discretion in applying an unpublished training aid and that the submission of the presentence report was proper.
• Rogers L. Bryant v. State
  486 So. 2d 680· Fla. 1st DCA· 1986-04-10
• Clay E. Boyer, III v. State
  486 So. 2d 70· Fla. 4th DCA· 1986-04-09
  The court held that the judge's presence on the appellate panel did not violate due process and treated the appeal as a petition for writ of habeas corpus, which was denied. The denial of the post-conviction relief based on prosecutorial misconduct was affirmed.
• Gerdes v. Smith
  488 So. 2d 837· Fla. 5th DCA· 1986-04-07
  The court denied the petition for writ of habeas corpus because the record was inadequate to grant relief.
• Brown v. Armontrout
  786 F.2d 362· 8th Cir.· 1986-03-13 ·via Habeas Corpus Relief
  The court held that the defendant violated the terms of his plea agreement by failing to appear for sentencing, and therefore the court was justified in imposing a harsher sentence and the defendant was not entitled to withdraw his plea.
• Ignizio v. Honorable David M. Gersten
  483 So. 2d 877· Fla. 3d DCA· 1986-03-04
  The court held that the speedy trial extension was proper and that bail was not required despite the delay.
• Rapetti v. James
  784 F.2d 85· 2d Cir.· 1986-02-14 ·via Habeas Corpus Review
  The court held that viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found the essential elements of Rape in the Third Degree beyond a reasonable doubt, thus reversing the district court's grant of habeas corpus.
• Rook v. Rice
  783 F.2d 397-401· 4th Cir.· 1986-01-31 ·via Habeas Corpus Relief
  The court held that the jury instruction regarding malice did not unconstitutionally shift the burden of persuasion to the defendant. However, the judge writing separately believes the death sentence procedure violated constitutional rights.
• Vail
  798 F.2d 119· 5th Cir.· 1986-01-16 ·via Habeas Corpus Relief
  The court denied the application for a certificate of probable cause, finding no substantial showing that the appellant was denied a federal right. Issues not raised on appeal are deemed abandoned.
• William v. Nabozny
  781 F.2d 83· 6th Cir.· 1986-01-15 ·via Habeas Corpus Relief
  The court held that the reasonable doubt instruction was adequate, Fourth Amendment claims were properly litigated, emergency wiretaps were justified under statute, and ineffective assistance of counsel claims failed to meet the required prejudice standard.
• Manning v. Louie L. Wainwright
  477 So. 2d 666· Fla. 5th DCA· 1985-10-31
  Court remanded for evidentiary hearing to determine whether counsel's failure to timely file a notice of appeal constituted ineffective assistance of counsel depriving petitioner of his appellate rights.
• Darden v. Louie L. Wainwright
  772 F.2d 666· 11th Cir.· 1985-08-27 ·via Habeas Corpus Relief
• Milton v. O.L. McCOTTER
  765 F.2d 434· 5th Cir.· 1985-06-24 ·via Federal Habeas Corpus
  The court held that the petitioner's claims were either successive, constituted abuse of the writ, or lacked merit, and therefore denied his application for a stay of execution and habeas relief.
• D.L.T. v. Heisner
  469 So. 2d 891· Fla. 1st DCA· 1985-05-16
  A Florida appellate court clarified its prior habeas corpus order directing that a juvenile be detained in the statutorily designated catchment area rather than in a different facility. The court held that while the Department of Health and Rehabilitative Services has authority t
• Moore v. Louie L. Wainwright
  469 So. 2d 882· Fla. 3d DCA· 1985-05-14
  A Florida appeals court granted habeas corpus relief to an inmate whose approved parole release date was rescinded based on a new Attorney General opinion interpreting parole eligibility rules for consecutive sentences. The court held that a new legal interpretation cannot be ret
• McGEE v. State
  463 So. 2d 422· Fla. 1st DCA· 1985-02-04
  Howard McGee sought habeas corpus relief claiming ineffective assistance of appellate counsel for failing to raise an issue about whether proof of a destructive device's actual existence is required to prove a threat to discharge it under Florida law. The court denied the petitio
• Doyle Edward Skillern v. Procunier
  751 F.2d 744· 5th Cir.· 1985-01-14 ·via Federal Habeas Corpus
  The court affirmed the denial of a stay of execution and injunctive relief, finding the petitioner failed to present a substantial case on the merits.
• Sockwell v. Blackburn
  748 F.2d 979· 5th Cir.· 1984-12-17 ·via Federal Habeas Corpus
  The court held that the admission of the inculpatory statement was not a violation of the petitioner's right to counsel, and any potential error was harmless beyond a reasonable doubt.
• Solomon v. Harris
  749 F.2d 1· 2d Cir.· 1984-11-06
  The court held that the appellant was not deprived of the reasonably effective assistance of counsel, as neither prong of the Strickland test was met.
• Harris v. White
  745 F.2d 523· 8th Cir.· 1984-10-05
  The court held that the trial court's refusal to conduct a hearing on allegations of prosecutorial coercion of a witness did not violate due process.
• DeANGELIS v. Louie Wainwright
  455 So. 2d 639· Fla. 1st DCA· 1984-09-13
  DeAngelis sought habeas corpus relief claiming the Department of Corrections unlawfully withheld incentive gain time credits during his final month of incarceration. The court denied the petition, finding that an emergency rule promulgated after a prior decision in Pettway proper
• Dixon v. Alexander
  741 F.2d 121· 6th Cir.· 1984-08-21 ·via Federal Habeas Corpus
  The court held that the district court properly dismissed the federal habeas corpus claim for failure to exhaust state remedies and the § 1983 claim as it was subsumed by the habeas claim.
• Spiro Anast v. United States Parole Comm'n
  739 F.2d 403· 8th Cir.· 1984-07-30 ·via Habeas Corpus Relief
  The court held that the Parole Commission did not abuse its discretion in setting a parole date above the applicable guidelines, as it established good cause for its decision.
• Valdez v. Winans
  738 F.2d 1087· 10th Cir.· 1984-06-26 ·via Federal Habeas Corpus
  The court held that the exclusion of the confession testimony, based on the attorney-client privilege, did not violate the defendant's constitutional rights, nor did the attorney's actions constitute ineffective assistance of counsel.
• Ball v. State OF Ga.
  733 F.2d 1557· 11th Cir.· 1984-06-11 ·via Habeas Corpus Relief
  The court held that the evidence was sufficient to support the conviction for aggravated assault on a police officer and that the petitioner's Fourth Amendment claim was meritless.
• Archer v. State
  451 So. 2d 525· Fla. 2d DCA· 1984-05-18
• Hair v. A.L. Lockhart
  734 F.2d 390· 8th Cir.· 1984-05-17 ·via Habeas Corpus Relief
  The court held that convictions for rape and kidnapping do not violate the double jeopardy clause, and the district court did not err in refusing to appoint counsel for a habeas corpus petition.
• Smith v. State
  448 So. 2d 20· Fla. 1st DCA· 1984-03-19
  The court held that incarceration served as a condition of probation, even if it equals the maximum statutory sentence for the offense, is permissible and does not invalidate the probation order.
• Crick v. Smith
  729 F.2d 1038· 6th Cir.· 1984-03-06 ·via Federal Habeas Corpus
  The court held that the state proved beyond a reasonable doubt that the juvenile court judge would have waived jurisdiction even if apprised of the omission of 'best interest' findings, rendering the due process violation harmless error.
• Louie L. Wainwright v. Cameron
  442 So. 2d 1089· Fla. 2d DCA· 1983-12-21
• Curby C. Rife v. W.D. Blankenship
  721 F.2d 983· 4th Cir.· 1983-11-23 ·via Federal Habeas Corpus
  The court held that the evidence presented at trial was sufficient to prove beyond a reasonable doubt that the bullet wound inflicted by the defendant caused the victim's death.
• Williams v. State
  440 So. 2d 512· Fla. 4th DCA· 1983-11-16
  Williams appealed a circuit court's denial without hearing of his Rule 3.850 motion raising constitutional challenges to his sexual battery conviction. The appellate court reversed, holding that the circuit court erred in denying the motion without a hearing when the record did n
• Bruce v. W.J. Estelle, Jr.
  707 F.2d 155· 5th Cir.· 1983-06-13 ·via Habeas Corpus Relief
  The federal district court's handling or mishandling of a habeas corpus petition cannot serve as a basis for setting aside an otherwise valid state court conviction.
• Drake v. Louie L. Wainwright
  429 So. 2d 374· Fla. 1st DCA· 1983-03-17
  The court affirmed the trial court's denial of Drake's habeas corpus petition, holding that the Florida Parole and Probation Commission properly considered a concurrent federal kidnapping conviction as an aggravating factor in establishing his presumptive parole release date.
• Purwin v. Louie L. Wainwright
  436 So. 2d 138· Fla. 5th DCA· 1983-01-26
  A petition for writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel is denied if the petitioner fails to demonstrate prejudice from the alleged deficiency.
• Terrell v. Maggio
  693 F.2d 591· 5th Cir.· 1982-12-17 ·via Habeas Corpus Relief
  The court held that the district court erred by granting habeas relief without considering the presumption of correctness afforded state court factual determinations under 28 U.S.C. § 2254(d).
• Grubbs v. Hoyt C. Cupp
  693 F.2d 866· 9th Cir.· 1982-11-29 ·via Federal Habeas Corpus
  The court held that a petitioner must exhaust state remedies by applying to the state's highest court, even if it seems futile, to satisfy federal habeas corpus requirements.
• Eli J. Guillory v. Maggio
  690 F.2d 464· 5th Cir.· 1982-11-01 ·via Habeas Corpus Review
  The exclusion of a prior exculpatory statement did not render the trial fundamentally unfair, thus not a basis for federal habeas corpus relief.
• Stangherlin v. Kelly
  419 So. 2d 1154· Fla. 5th DCA· 1982-09-29
  Petitioner Stangherlin sought habeas corpus relief to secure release from custody pending trial on charges of conspiracy to commit first-degree murder and first-degree murder. The court denied the writ, finding that testimony from a witness (Modzelewski) regarding petitioner's in
• Wylie v. Botos
  416 So. 2d 1253· Fla. 4th DCA· 1982-07-21
  Unmarried parents sought to revoke their consent to adoption of their child born out of wedlock after the adoption petition was filed. The Fourth District Court of Appeal affirmed the trial court's decision to grant the adoption, holding that the natural father was estopped from
• Saxon v. State
  416 So. 2d 904· Fla. 1st DCA· 1982-07-14
  The court held that the defendant's subsequent actions after refusing extradition, coupled with his speedy trial demands, constituted a bona fide effort to secure a speedy trial, and the trial court erred in denying his motion based solely on the initial refusal.
• Mastrangelo v. United States Parole Comm'n
  682 F.2d 402· 2d Cir.· 1982-06-30
  The court held that while the second sentence was intended to run consecutively to the first, the case must be remanded to determine if the petitioner was adequately aware of his special parole status and its conditions.
• Short v. Garrison
  678 F.2d 364· 4th Cir.· 1982-06-01 ·via Habeas Corpus Relief
  The court held that the failure to make a "no-benefit" finding under the North Carolina Youthful Offender statute, when the petitioner was over twenty-one at the time of seeking relief, did not constitute a constitutional violation cognizable in federal habeas corpus.
• United States v. Davis
  677 F.2d 495· 5th Cir.· 1982-06-01
  The court held that the appellant's motion for a writ of mandamus did not clearly evince an intent to appeal, rendering the subsequent notice of appeal untimely.