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

• Jackson v. Elton F. James
  839 F.2d 1513· 11th Cir.· 1988-03-17 ·cited 16×·via Federal Habeas Corpus
  The court held that the defendant's Sixth Amendment right to counsel was violated because he did not knowingly and intelligently waive his right to counsel and did not clearly assert his right to self-representation.
• Ford v. Seabold
  841 F.2d 677· 6th Cir.· 1988-03-07 ·cited 16×·via Habeas Corpus Review
  The court held that the appellant failed to establish a prima facie case for a Sixth Amendment fair-cross-section violation because young adults and college students are not distinctive groups, and the underrepresentation of women was not shown to be the result of systematic excl
• Marshall v. Lansing
  839 F.2d 933· 3d Cir.· 1988-02-10 ·cited 16×
  The court held that the writ of habeas corpus was issued in error and Marshall must be returned to prison, but the majority erred in voiding the penalty for Marshall's first prison infraction.
• Matthews v. Butler
  833 F.2d 1165· 5th Cir.· 1987-12-15 ·cited 16×·via Habeas Corpus Relief
  The court held that the petitioner's habeas petition was properly dismissed under Rule 9(b) for abuse of the writ, as he failed to provide a sufficient excuse for not raising the claims in a prior petition.
• Amadeo v. Kemp
  816 F.2d 1502· 11th Cir.· 1987-04-30 ·cited 16×·via Federal Habeas Corpus
  The court held that the introduction of 'other crimes' evidence did not deny the petitioner a fair trial, and the petitioner failed to establish sufficient cause to excuse his procedural default in challenging jury composition.
• Gardner v. Ponte
  817 F.2d 183· 1st Cir.· 1987-04-29 ·cited 16×·via Federal Habeas Corpus
  The court held that the petitioner's claims were procedurally barred due to failure to object at trial, and even if considered, did not demonstrate ineffective assistance of counsel or prejudice.
• Russel K. Williams v. Immigr. & Naturalization Serv.
  795 F.2d 738· 9th Cir.· 1986-07-24 ·cited 16×
  The court held that the appeal should be dismissed as moot because the petitioner had already departed the United States under a grant of voluntary departure and lawfully reentered, making effective relief impossible.
• In re United States Parole Comm'n
  793 F.2d 338· D.C. Cir.· 1986-06-17 ·cited 16×
  The District Court did not err in asserting jurisdiction over Pearson's claims for declaratory and injunctive relief, nor did it abuse its discretion in denying the Commission's motion to transfer the case.
• Dean v. Young
  777 F.2d 1239· 7th Cir.· 1985-11-26 ·cited 16×·via Habeas Corpus Review
  The court holds that the Wisconsin Supreme Court's finding of fact regarding the prosecutor's questioning is entitled to deference, and the jury instruction given is sufficiently different from that in Francis v. Franklin to warrant affirmance.
• United States v. Scarborough
  777 F.2d 175· 4th Cir.· 1985-11-19 ·cited 16×·via Habeas Corpus Proceedings
  The court held that the district court's findings of fact were not clearly erroneous and its determination of dangerous special offender status was not an abuse of discretion.
• Roach v. Warden Joseph Martin
  757 F.2d 1463· 4th Cir.· 1985-03-20 ·cited 16×·via Habeas Corpus Relief
  The court affirmed the denial of the habeas corpus petition, finding that the petitioner's claims were without merit and that the state court's factfinding procedures were adequate.
• Wiggins v. Procunier
  753 F.2d 1318· 5th Cir.· 1985-02-25 ·cited 16×·via Habeas Corpus Review
  The court held that a defendant's waiver of the right to counsel was knowing and intelligent, and that a claim for denial of compulsory process was procedurally defaulted and not preserved.
• United States ex rel. Rueben Palmer v. DeROBERTIS
  738 F.2d 168· 7th Cir.· 1984-05-14 ·cited 16×·via Habeas Corpus Relief
  The court held that the district court correctly dismissed the habeas corpus petition because the petitioner failed to demonstrate a constitutional violation regarding the admission of flight evidence or the prosecution's use of peremptory challenges, and procedural defaults barr
• United States v. Cockrell
  720 F.2d 1423· 5th Cir.· 1983-12-16 ·cited 16×·via Habeas Corpus Relief
  The court held that the petitioner was not deprived of his constitutional right to effective assistance of counsel, and the denial of his habeas corpus petition is affirmed.
• Burger v. Zant
  718 F.2d 979· 11th Cir.· 1983-10-13 ·cited 16×
  The court held that a defendant is denied effective assistance of counsel when his attorney actively represents conflicting interests and fails to present mitigating evidence at sentencing, and prejudice is presumed in conflict of interest cases.
• Phillips v. Smith
  717 F.2d 44· 2d Cir.· 1983-09-02 ·cited 16×·via Federal Habeas Corpus
  Explicit state court reliance on a procedural default bars federal habeas review of the forfeited claim absent a showing of cause and prejudice, regardless of whether the state court also ruled on the merits.
• Davis v. Maggio
  706 F.2d 568· 5th Cir.· 1983-06-06 ·cited 16×·via Habeas Corpus Review
  The court held that the petitioner's claims were procedurally defaulted under state law and thus unreviewable in federal habeas corpus proceedings without a showing of cause and prejudice.
• Tarpley v. W.J. Estelle, Jr.
  703 F.2d 157· 5th Cir.· 1983-04-18 ·cited 16×·via Federal Habeas Corpus
  The court held that jury instructions that allowed conviction for an offense not charged in the indictment violated the defendant's Sixth and Fourteenth Amendment right to notice of charges, warranting habeas corpus relief.
• Elledge v. Graham
  432 So. 2d 35· Fla.· 1983-04-14 ·cited 16×
  The court denied all petitions for extraordinary relief, including writs of habeas corpus and quo warranto, and affirmed the denial of a motion to vacate judgment and sentence, holding that a guilty plea waives the right to appeal prior rulings and that a death sentence can be ca
• Reyes Garcia v. Hal W. Boldin
  691 F.2d 1172· 5th Cir.· 1982-11-22 ·cited 16×
  The court held that the district court had statutory authority to refer a habeas corpus petition concerning deportation to a magistrate, and that the petition did not raise new grounds that could not have been presented earlier.
• Moultrie v. Martin
  690 F.2d 1078· 4th Cir.· 1982-09-30 ·cited 16×·via Habeas Corpus Review
  The court held that the petitioner failed to establish a prima facie case of racial discrimination in the grand jury selection process due to insufficient statistical evidence and improper methodology.
• Thomas v. Wyrick
  687 F.2d 235· 8th Cir.· 1982-08-20 ·cited 16×·via Federal Habeas Corpus
  The court affirmed the denial of habeas corpus relief, holding that the petitioner's procedural failures, including the provisional nature of the trial court's ruling and the failure to make an offer of proof, precluded a constitutional review of the exclusion of character witnes
• Cain v. Smith
  686 F.2d 374· 6th Cir.· 1982-07-07 ·cited 16×·via Habeas Corpus Review
  The court held that the district court erred in granting summary judgment without an evidentiary hearing, as the fragmented record required further fact-finding on the speedy trial claim. The 11.5-month delay for a simple robbery was presumptively prejudicial.
• Thompson v. White
  680 F.2d 1173· 8th Cir.· 1982-06-04 ·cited 16×·via Habeas Corpus Review
  The court held that the petitioner demonstrated both cause for his procedural default and actual prejudice resulting from the jury selection method, satisfying the standard for collateral review.
• Meyer v. State
  415 So. 2d 70· Fla. 5th DCA· 1982-06-02 ·cited 16×
  Meyer sought belated appellate review via habeas corpus after his court-appointed public defender failed to timely file his appeal. The court granted the petition but, on the State's motion for rehearing, grappled with whether Polk County v. Dodson undermined the precedent establ
• Potts v. Louie Wainwright
  413 So. 2d 156· Fla. 4th DCA· 1982-04-28 ·cited 16×
  Willie Potts' public defender failed to timely file a notice of appeal because she incorrectly believed a sentence-mitigation motion tolled the appeal deadline. The Fourth District initially denied his habeas petition for delayed appellate review, but reconsidered and granted it,
• Wiggins v. NEW Mexico State Supreme Court Clerk
  664 F.2d 812· 10th Cir.· 1981-11-24 ·cited 16×·via Federal Habeas Corpus
  The court held that a prisoner's pro se civil rights complaint alleging constitutional deprivations should not be dismissed unless it appears beyond doubt that no relief can be granted.
• Sassoon v. Stynchombe
  654 F.2d 371· 5th Cir.· 1981-08-28 ·cited 16×
  A violation of the Interstate Agreement on Detainers does not require federal habeas corpus relief if the prisoner suffered no prejudice from the violation.
• R. M. P. v. Carlton Jones
  392 So. 2d 301· Fla. 1st DCA· 1980-12-23 ·cited 16×
  A juvenile court judge has the inherent power to impose reasonable conditions on a dependent child and to hold the child in contempt for violating those conditions, with placement in secure detention being permissible.
• Alburquerque v. Bara
  628 F.2d 767· 2d Cir.· 1980-07-31 ·cited 16×·via Federal Habeas Corpus
  The court held that the state's procedural requirements for raising a federal constitutional claim were not satisfied in a way that would bar federal habeas review, and that the appellant's trial jury was sworn after the date of Taylor v. Louisiana, making the ruling applicable.
• Smith v. Lou V. Brewer
  577 F.2d 466· 8th Cir.· 1978-06-22 ·cited 16×
  The court affirmed the district court's denial of the petition for a writ of habeas corpus.
• Gray v. Estelle
  574 F.2d 209· 5th Cir.· 1978-05-30 ·cited 16×·via Habeas Corpus Proceedings
  The court held that the district court abused its discretion in denying the respondent's motion for relief from judgment under Rule 60(b)(6) and remanded for a full evidentiary hearing on the conflict of interest and waiver issues.
• Bergman v. Honorable Louis J. Lefkowitz
  569 F.2d 705· 2d Cir.· 1977-12-19 ·cited 16×·via Federal Habeas Corpus
  The court held that the Special Prosecutor did not breach the plea agreement by his conduct or recommendations, and therefore, the petitioner was not entitled to habeas corpus relief.
• ST. John v. Estelle
  563 F.2d 168· 5th Cir.· 1977-11-17 ·cited 16×·via Habeas Corpus Review
  The Fifth Circuit Court of Appeals, sitting en banc, reversed the district court's grant of a writ of habeas corpus. The majority held that the petitioner's failure to comply with the Texas contemporaneous objection rule barred federal habeas review of his claim that the prosecut
• White v. Warden, United States Penitentiary
  566 F.2d 57· 9th Cir.· 1977-11-15 ·cited 16×
  The Parole Commission and Reorganization Act of 1976 does not apply retroactively to grant credit for time spent on parole prior to its effective date.
• Salazar v. Estelle
  547 F.2d 1226· 5th Cir.· 1977-03-02 ·cited 16×·via Habeas Corpus Relief
  The court held that the appellant's claims of ineffective assistance of counsel and cruel and unusual punishment were without merit.
• Malley v. Manson
  547 F.2d 25· 2d Cir.· 1976-12-20 ·cited 16×·via Federal Habeas Corpus
  The appellate court held that while the petitioner was not precluded from raising his constitutional claim due to failure to object, the prosecutor's remarks, viewed in context, did not deprive the defendant of a fair trial.
• Dezso John Lokos v. Capps
  528 F.2d 576· 5th Cir.· 1976-03-12 ·cited 16×·via Federal Habeas Corpus
  The court held that the district court erred in failing to consider all of the petitioner's habeas corpus claims, requiring remand for further proceedings on those claims. The court affirmed the denial of relief on the involuntary confession claim.
• Cabbler v. Superintendent, Va. State Penitentiary
  528 F.2d 1142· 4th Cir.· 1975-12-08 ·cited 16×·via Habeas Corpus Relief
  The court held that impounding a vehicle after arresting the driver away from home, and conducting an inventory search of its contents, is reasonable under the Fourth Amendment when done for safekeeping or to remove a nuisance.
• United States ex rel. Leon Wash. v. Vincent
  525 F.2d 262· 2d Cir.· 1975-11-05 ·cited 16×
  A conviction obtained through a prosecutor's knowing use of perjured testimony, even if the defense had reason to suspect it and failed to act, violates due process if the false testimony could have affected the jury's judgment.
• Sherrill v. Wyrick
  524 F.2d 186· 8th Cir.· 1975-10-17 ·cited 16×·via Federal Habeas Corpus
  The court held that the petitioner's trial counsel's failure to object to jury instructions or call certain witnesses did not render the trial fundamentally unfair or constitute a miscarriage of justice, thus not violating constitutional rights.
• Austin v. Swenson
  522 F.2d 168· 8th Cir.· 1975-09-19 ·cited 16×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the habeas corpus petition on non-exhaustion grounds when new evidence warranted an evidentiary hearing and the state had previously had a chance to address the issue.
• Farr v. Pitchess
  522 F.2d 464· 9th Cir.· 1975-08-07 ·cited 16×
  A reporter's First Amendment right to protect news sources must yield when it conflicts with a court's compelling interest in enforcing orders designed to ensure a fair trial for criminal defendants.
• The Honorable Robert W. Rawlins v. Kelley
  322 So. 2d 10· Fla.· 1975-07-31 ·cited 16×
  The Florida Supreme Court held that a juvenile's prior discharge from juvenile court proceedings under the speedy trial rule bars subsequent prosecution of the same offenses as an adult in criminal court, based on equitable estoppel principles, even though double jeopardy did not
• Carey M. Horowitz v. Henderson
  514 F.2d 740· 5th Cir.· 1975-06-12 ·cited 16×
  The court held that an attorney representing co-defendants with conflicting interests must fully disclose the dual representation and its consequences to ensure a defendant's plea is informed.
• Spencer v. Mrs. Rochelle Terebelo Spencer
  305 So. 2d 256· Fla. 3d DCA· 1974-12-31 ·cited 16×
  In this consolidated appeal from a Florida divorce proceeding, the court affirmed a trial court's award of permanent child custody to the mother and child support to the appellee, but reduced the attorney's fee award. The case arose after the mother fled Louisiana with the childr
• Gardner v. Judge C. Luckey, Jr.
  500 F.2d 712· 5th Cir.· 1974-09-16 ·cited 16×·via Federal Habeas Corpus
  The court held that the appellants lacked standing to bring a class action challenging the Florida Public Defender system due to a failure to establish a case or controversy.
• Morris v. Sullivan
  497 F.2d 544· 5th Cir.· 1974-07-19 ·cited 16×·via Federal Habeas Corpus
  The court held that petitioners waived their claims of systematic discrimination in jury selection by failing to raise them prior to their federal habeas corpus case, as required by Alabama procedural law and federal precedent.
• Mottram v. Murch
  458 F.2d 626· 1st Cir.· 1972-04-12 ·cited 16×·via Federal Habeas Corpus
  The court held that allowing jurors who sat on the first trial to sit on the second trial, after the defendant had testified and invoked the Fifth Amendment, created a likelihood of prejudice that denied the petitioner due process.
• Floyd v. Henderson
  456 F.2d 1117· 5th Cir.· 1972-03-17 ·cited 16×·via Habeas Corpus Relief
  The court held that the Attorney General has the power to designate a federal prisoner's confinement location, and transferring a prisoner for concurrent service does not waive federal jurisdiction.