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

• Weir v. Fletcher
  680 F.2d 437· 6th Cir.· 1982-05-25 ·via Habeas Corpus Relief
  The court held that petitioner failed to allege facts sufficient to warrant an evidentiary hearing regarding post-Miranda silence.
• Young v. Hubbard
  673 F.2d 132· 5th Cir.· 1982-04-16 ·via Federal Habeas Corpus
  The court held that Mississippi Code Annotated section 99-35-115, which generally denies bail pending appeal for certain serious offenses like robbery, does not violate the Fourteenth Amendment's equal protection or due process clauses.
• Davis v. Parratt
  668 F.2d 451· 8th Cir.· 1982-01-19 ·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, holding that while the state trial court abused its discretion in denying a continuance, this denial did not materially prejudice the petitioner.
• Proctor v. Louie L. Wainwright
  408 So. 2d 793· Fla. 1st DCA· 1982-01-14
  Petitioner Proctor seeks habeas corpus release from a Florida prison, claiming Florida violated the Interstate Agreement on Detainers by failing to provide a timely parole revocation hearing. The court denies the petition but conditions its denial on Florida providing a final rev
• Behrens v. Honorable J. William Woodson
  405 So. 2d 262· Fla. 5th DCA· 1981-10-28
• Henderson v. State OF Mo.
  661 F.2d 107· 8th Cir.· 1981-10-19
  The court held that the petitioner's habeas corpus filing was premature because it had not first been made to the appropriate federal district court.
• ABY v. Parratt
  660 F.2d 385· 8th Cir.· 1981-10-09 ·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, finding sufficient evidence and corroboration for the conviction.
• Terry v. Housewright
  659 F.2d 879· 8th Cir.· 1981-09-30 ·via Habeas Corpus Relief
  The court held that there was sufficient evidence to support the petitioner's felony conviction for theft of property.
• FRY v. Moreland
  402 So. 2d 583· Fla. 5th DCA· 1981-08-26
  Petitioner sought habeas corpus relief claiming his competency hearing was held outside the 30-day deadline required by Florida Rule of Criminal Procedure 3.212(b)(4). The court rejected this claim, holding that the relevant deadline begins from receipt of a report by the facilit
• Hall v. Lou V. Brewer
  656 F.2d 364· 8th Cir.· 1981-08-17
  The court held that the petitioner did not deliberately bypass state remedies and that the federal district court erred in dismissing the habeas petition on grounds of procedural waiver and failure to exhaust.
• D. D. v. Honorable Bill White
  650 F.2d 749· 5th Cir.· 1981-07-16
  The court held that a federal district court must dismiss a mixed petition for a writ of habeas corpus, which contains both exhausted and unexhausted claims, without prejudice due to the petitioner's failure to exhaust available state remedies.
• Lavell Flye v. Parratt
  650 F.2d 152· 8th Cir.· 1981-06-05 ·via Federal Habeas Corpus
  The court affirmed the denial of the habeas corpus petition, finding no sufficient reason for the state court to doubt the petitioner's competency.
• United States v. Evans
  652 F.2d 177· D.C. Cir.· 1981-04-20
  The court held that a defendant convicted of felony murder, who was acquitted of first-degree murder, cannot benefit from a ruling that overturned first-degree murder convictions based on faulty malice instructions.
• Puleri v. State
  396 So. 2d 1129· Fla.· 1981-04-02 ·via Habeas Corpus Relief
• Johnson v. Perini
  644 F.2d 573· 6th Cir.· 1981-03-16
  The court held that the juvenile court's finding of probable cause, without an adjudication of delinquency, did not violate the petitioner's right against double jeopardy.
• Cowick v. Louie Wainwright
  394 So. 2d 1109· Fla. 1st DCA· 1981-03-11 ·via Habeas Corpus Relief
• Harris v. The State OF S.C.
  642 F.2d 71· 4th Cir.· 1981-02-20
  The court held that the petitioners' custody was based on subsequent indictments, not the allegedly illegal extradition warrants, and thus habeas corpus relief was unavailable.
• Nieboer v. T. L.
  394 So. 2d 163· Fla. 1st DCA· 1981-02-11
  The court reversed a habeas corpus order against the Department of Health and Rehabilitative Services for lack of proper service of process, but affirmed the order against the detention center superintendent who had actual custody of the juveniles.
• Sacco v. United States Parole Comm'n & Winston Satran
  639 F.2d 441· 8th Cir.· 1981-01-30
  The court held that the district court correctly dismissed the habeas corpus petition as repetitive and lacking new grounds for relief, affirming the prior adverse decisions on the merits.
• MacLean v. Rouse
  1981 U.S. Dist. LEXIS 10512· S.D. Fla.· 1981-01-30 ·via Federal Habeas Corpus
  Florida Rule of Criminal Procedure 3.691(a), which prohibits bail for convicted felons with prior felony convictions pending appeal, does not violate the Due Process or Eighth Amendments.
• Johnson v. Overberg
  639 F.2d 326· 6th Cir.· 1981-01-27 ·via Federal Habeas Corpus
  The court held that a federal due process violation did not occur when a state granted a continuance ex parte, as long as the defendant was later given notice and an opportunity to object and seek dismissal.
• Lytle v. Brown
  636 F.2d 1135· 6th Cir.· 1980-12-11
  The court held that Army Regulation 601-25 permits a physician to apply for an exemption from active duty based on community need before receiving orders for active duty.
• In re Florida Rules of Judicial Administration
  391 So. 2d 214· Fla.· 1980-12-04 ·via Habeas Corpus Proceedings
  The Supreme Court approved amendments to the Rules of Judicial Administration regarding filing fees for habeas corpus proceedings and the terms for chief judges.
• Charles v. Warden
  629 F.2d 1182· 6th Cir.· 1980-10-03
• Hayes v. Bordenkircher
  621 F.2d 846· 6th Cir.· 1980-05-29 ·via Habeas Corpus Relief
  The court held that the application of Kentucky's repealed recidivist statute to impose a mandatory life sentence for a third felony conviction did not constitute cruel and unusual punishment under the Eighth Amendment, following Supreme Court precedent.
• Piedad Alvarez Rodriguez v. Sandstrom
  382 So. 2d 778· Fla. 3d DCA· 1980-04-08
  A circuit court lacks the authority to hold a material witness in jail in lieu of bail for a state attorney investigation when no criminal charges are pending before the court.
• Henson v. United States
  617 F.2d 510· 8th Cir.· 1980-03-21
  The court affirmed the denial of the habeas corpus application, finding no merit to the petitioner's arguments regarding ineffective assistance of counsel.
• State v. Matera
  378 So. 2d 1283· Fla. 3d DCA· 1979-12-28
  Florida appeals a circuit court's order vacating a defendant's 1967 robbery conviction. The court reversed the vacation order, holding that the trial court improperly denied the State its right to appeal by accepting a nolo contendere plea and resentencing the defendant in the sa
• Hurshel Ross Dodd v. Fla. Parole & Prob. Comm'n
  378 So. 2d 309· Fla. 1st DCA· 1979-12-17
  The court held that the petitioner's failure to exhaust administrative remedies precluded mandamus relief, and habeas corpus relief was inappropriate as the present detention was lawful.
• Brown v. State
  375 So. 2d 66· Fla. 2d DCA· 1979-09-28
  Inmate Brown challenged the summary denial of his habeas corpus petition challenging prison disciplinary proceedings that resulted in the loss of gain time. The court held that the circuit court had jurisdiction to consider his habeas corpus petition despite the availability of a
• Williams v. State
  375 So. 2d 586· Fla. 5th DCA· 1979-08-29
  The court remanded for a hearing to determine whether the defendant was improperly induced to plead guilty by a promise that his state sentence would run concurrently with his federal sentence, which the federal government could not honor.
• Patty v. Bordenkircher
  603 F.2d 587· 6th Cir.· 1979-08-16 ·via Writ Of Habeas Corpus Ad Subjiciendum
  The court held that compelling a defendant to testify about prior convictions and denying the right to closing argument in a habitual criminal trial violate the Fifth and Sixth Amendments, respectively, and such violations are not subject to harmless error analysis.
• Markham v. Pitchess
  605 F.2d 436· 9th Cir.· 1979-08-07 ·via Habeas Corpus Relief
  The court held that the amended extradition treaty applies to offenses committed before its effective date if the extradition proceedings commenced after the amendment's effective date.
• Faulk v. Mabry
  600 F.2d 172· 8th Cir.· 1979-06-15 ·via Federal Habeas Corpus
  The dismissal of a direct appeal by the United States Supreme Court for want of a substantial federal question operates as an adjudication on the merits, precluding relitigation of the same issues in a federal habeas corpus proceeding.
• Cornell Jones v. Perini
  599 F.2d 129· 6th Cir.· 1979-05-23 ·via Habeas Corpus Review
  The court held that the evidence presented at trial was sufficient to support the jury's verdict of guilt beyond a reasonable doubt.
• United States ex rel. John Sullivan v. Cuyler
  593 F.2d 512· 3d Cir.· 1979-02-14 ·via Federal Habeas Corpus
  The dissenting judge argues that the panel erred in finding a Sixth Amendment violation based on dual representation without requiring a showing of actual prejudice and without sufficient state action.
• Jones v. The State OF Md. & her agents the Honorable Frank E. Cicone
  584 F.2d 663· 4th Cir.· 1978-10-04
  The court held that the plaintiff failed to state a claim upon which relief could be granted because the amended complaint did not allege perjury or conspiracy to commit perjury by the police officers.
• Poulin v. Gunn
  589 F.2d 1024· 9th Cir.· 1978-06-22 ·via Federal Habeas Corpus
  The court held that the case must be remanded to determine if the cause and prejudice test from Wainwright v. Sykes can be met.
• Howell v. Thomas
  566 F.2d 469· 5th Cir.· 1978-01-16 ·via Federal Habeas Corpus
  The court held that the appellant's contentions were insufficient to justify relief in federal court, affirming the denial of his petition.
• Bradley v. Cowan
  561 F.2d 1213· 6th Cir.· 1977-08-24 ·via Habeas Corpus Relief
  The court held that the warrantless search of the hotel room violated the Fourth Amendment, but the admission of the seized evidence was harmless error beyond a reasonable doubt due to other strong evidence of guilt.
• McDONALD v. Hon. David Headrick
  554 F.2d 253· 5th Cir.· 1977-06-20 ·via Habeas Corpus Relief
  The court held that the conviction was not totally devoid of evidentiary support, as Alabama law interprets the bribery statute to include unilateral offers to accept bribes.
• Roznovsky v. Estelle
  546 F.2d 1185· 5th Cir.· 1977-02-10 ·via Habeas Corpus Relief
  The court held that the trial court did not err in allowing witnesses to assert their Fifth Amendment privilege against self-incrimination, nor did prosecutorial misconduct rise to a constitutional violation.
• Arndell v. Warden, Nev. State Prison
  549 F.2d 1284· 9th Cir.· 1977-01-31 ·via Habeas Corpus Review
  The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to establish any exceptions to the presumption of correctness for state court findings under 28 U.S.C. § 2254(d).
• United States ex rel. James Ellis Foye v. State OF NEW Jersey & Ronald Groomes
  547 F.2d 217· 3d Cir.· 1977-01-05 ·via Habeas Corpus Relief
  The court held that the district court did not err in placing the burden of proof on the habeas petitioner and that the petitioner's confession was voluntary and not tainted by any alleged Miranda violations.
• Bodeker v. Dyson
  544 F.2d 861· 5th Cir.· 1977-01-03 ·via Habeas Corpus Relief
  The court held that a claim for damages under 42 U.S.C. § 1983 for an allegedly illegal search, even if parole revocation was lawful, states a valid cause of action.
• State of Fla. ex rel. Laurel Budness v. Conness
  341 So. 2d 1007· Fla. 4th DCA· 1976-12-24
  A Florida municipal court convicted a defendant of 48 parking violations and imposed fines. When the defendant did not pay the fines, the court held her in contempt. The defendant sought habeas corpus relief claiming the ordinance was void, but the circuit court discharged the wr
• Duward X. Williams v. State OF Ohio
  547 F.2d 40· 6th Cir.· 1976-12-21 ·via Federal Habeas Corpus
  Federal habeas corpus relief is unavailable for Fourth Amendment search and seizure claims when the state has provided a full and fair opportunity to litigate them. Statements made by the petitioner were not obtained in violation of Miranda.
• Miles v. Warden Robert Parratt
  543 F.2d 638· 8th Cir.· 1976-11-03
• Bud Dallas Horton, Jr. v. State OF Ala.
  540 F.2d 208· 5th Cir.· 1976-10-07 ·via Habeas Corpus Relief
  The court held that federal habeas corpus relief requires exhaustion of state remedies, and claims not presented to state courts must be dismissed without prejudice.
• Lewis v. Lockhart
  538 F.2d 798· 8th Cir.· 1976-07-14 ·via Habeas Corpus Relief
  The court affirmed the denial of the petition for habeas relief, finding no error in the state court proceedings.