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

• Sutton v. Superintendent Clayton Strickland, Jr.
  485 So. 2d 25· Fla. 1st DCA· 1986-03-18 ·cited 14×
  The appellate court affirmed the trial court's denial of the inmate's petition, finding he failed to exhaust administrative remedies.
• Harich v. Louie L. Wainwright
  484 So. 2d 1237· Fla.· 1986-03-17 ·cited 14×
  Roy Harich, sentenced to death for first-degree murder, petitioned for habeas corpus relief and a stay of execution, raising three issues: the constitutionality of death-qualified juries, ineffective appellate counsel for failing to raise a voluntary intoxication defense, and imp
• Sheik Abdel Rahim Ahmad v. Redman
  782 F.2d 409· 3d Cir.· 1986-01-27 ·cited 14×·via Habeas Corpus Relief
  The court held that the state failed to establish a knowing and intelligent waiver of Miranda rights by the petitioner.
• Watson v. Colonel O.L. McCOTTER
  782 F.2d 143· 10th Cir.· 1986-01-21 ·cited 14×
  The military gave full and fair consideration to the petitioner's ineffective assistance of counsel claim, thus the federal court was not required to grant the writ.
• Ivory Ferrell v. Music
  484 So. 2d 595· Fla. 4th DCA· 1985-11-06 ·cited 14×
  A prisoner petitioned for a writ of habeas corpus to belatedly appeal the denial of his post-conviction relief motion, claiming he did not receive the trial court's order for seven months due to a mailing delay. The Florida District Court of Appeal granted the petition, finding t
• Fuson v. A.R. Jago
  773 F.2d 55· 6th Cir.· 1985-09-11 ·cited 14×·via Habeas Corpus Review
  The admission of a deceased codefendant's custodial confession, which incriminated the petitioner, violated the petitioner's Sixth Amendment right to confrontation because the statement did not fall under a valid hearsay exception and was not harmless error.
• Downs v. Louie L
  476 So. 2d 654· Fla.· 1985-08-29 ·cited 14×
  Ernest Charles Downs, convicted of first-degree murder and sentenced to death, petitioned for habeas corpus alleging ineffective assistance of appellate counsel and improper appellate review. The Florida Supreme Court denied his petition, holding that Downs failed to demonstrate
• Zellers v. Duckworth
  763 F.2d 250· 7th Cir.· 1985-05-17 ·cited 14×
  The court held that the State is estopped from contesting Zellers' assertion of cause for his procedural default due to systemic failures in providing due process rights. The court also found sufficient prejudice to justify a hearing.
• Kerr v. Finkbeiner
  757 F.2d 604· 4th Cir.· 1985-03-18 ·cited 14×·via Habeas Corpus Relief
  A violation of the Interstate Agreement on Detainers Act's (IADA) 180-day speedy trial provision is not a fundamental defect entitling a prisoner to habeas corpus relief under 28 U.S.C. § 2254 unless prejudice is shown.
• Watson v. Blackburn
  756 F.2d 1055· 5th Cir.· 1985-03-18 ·cited 14×·via Habeas Corpus Relief
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, thus denying his application for a stay of execution and certificate of probable cause.
• Cash v. Sharyn L. Smith
  465 So. 2d 1294· Fla. 1st DCA· 1985-03-12 ·cited 14×
  The court held that it lacked jurisdiction to grant the extraordinary relief sought by the petitioners and that none of the extraordinary writs provided a remedy.
• Strahan v. Blackburn
  750 F.2d 438· 5th Cir.· 1985-01-14 ·cited 14×·via Habeas Corpus Proceedings
  A federal habeas corpus petition may be dismissed under Rule 9(a) if the state demonstrates prejudice due to the petitioner's delay in filing, and the petitioner cannot show diligence or grounds for the delay.
• Vail v. Procunier
  747 F.2d 277· 5th Cir.· 1984-11-09 ·cited 14×·via Federal Habeas Corpus
  The court held that the appellant's claims were without merit and denied his application for a certificate of probable cause and leave to appeal in forma pauperis.
• Farras v. United States
  744 F.2d 37· 6th Cir.· 1984-09-20 ·cited 14×·via Habeas Corpus Relief
  The court held that the Parole Commission's substantive decisions to grant or deny parole are committed to agency discretion and are not subject to judicial review, and that the parole guidelines do not violate the PCRA or improperly intrude on sentencing functions.
• Wilson v. Hon. Robert J. Henderson
  742 F.2d 741· 2d Cir.· 1984-08-27 ·cited 14×·via Habeas Corpus Review
  The court held that the government informant did not elicit inculpatory statements from the appellant, and the lower courts' findings to this effect were supported by the record.
• Jeter v. Keohane
  739 F.2d 257· 7th Cir.· 1984-07-11 ·cited 14×
  A prisoner cannot complain about the order in which he serves sentences imposed by different sovereigns.
• Ross v. Amos Reed
  704 F.2d 705· 4th Cir.· 1983-03-31 ·cited 14×·via Federal Habeas Corpus
  The court held that the novelty of the constitutional claim at the time of trial constituted cause for failing to raise it on appeal, and prejudice was present, thus satisfying the cause and prejudice exception to the procedural bar rule.
• Piankhy v. Cuyler
  703 F.2d 728· 3d Cir.· 1983-03-29 ·cited 14×·via Habeas Corpus Review
  The court held that the trial court did not sufficiently inform the defendant of his right to counsel and the dangers of self-representation, thus the waiver was not knowing and intelligent.
• Tyronne J. Mitchell v. Maggio
  679 F.2d 77· 5th Cir.· 1982-06-25 ·cited 14×·via Habeas Corpus Relief
  The court held that an attorney's status as a part-time city prosecutor does not inherently create an actual conflict of interest violating the Sixth Amendment when representing a defendant in state court, absent proof of divided loyalties or adverse attorney-client relationships
• Stacy v. Love
  679 F.2d 1209· 6th Cir.· 1982-06-03 ·cited 14×·via Habeas Corpus Review
  The court held that the evidence presented at trial was insufficient to support a finding of guilt beyond a reasonable doubt, entitling the petitioner to habeas corpus relief.
• Lupe Hernandez Silva v. Estelle
  672 F.2d 457· 5th Cir.· 1982-04-05 ·cited 14×·via Federal Habeas Corpus
  A confession obtained after a defendant invoked his right to counsel, even if readvised of his rights, is inadmissible.
• William and Mary Lou Castorr v. Brundage
  674 F.2d 531· 6th Cir.· 1982-03-23 ·cited 14×
  The court affirmed the district court's dismissal, holding that federal courts should not intervene in child custody disputes, claims were barred by res judicata, and judicial immunity and the Eleventh Amendment protected state officials and agencies.
• White v. Estelle
  669 F.2d 973· 5th Cir.· 1982-03-08 ·cited 14×·via Habeas Corpus Proceedings
  The court held that the federal habeas review standard for a state court jury's competency verdict is whether any rational trier of fact could conclude the evidence does not predominate in favor of incompetence, viewing evidence favorably to the verdict.
• McGAHEE v. Massey
  667 F.2d 1357· 11th Cir.· 1982-02-16 ·cited 14×·via Habeas Corpus Review
  A defendant who testifies on the merits of his case waives his Fifth Amendment right to remain silent, allowing the prosecution to comment on his failure to deny incriminating facts.
• Bennie E. Demps v. Louie L. Wainwright
  666 F.2d 224· 5th Cir.· 1982-01-22 ·cited 14×·via Habeas Corpus Relief
  The court held that the use of a deposition at trial, even if it violated the Confrontation Clause, was harmless error beyond a reasonable doubt due to overwhelming evidence of guilt. The denial of severance was not an abuse of discretion.
• Solomon v. Smith
  645 F.2d 1179· 2d Cir.· 1981-02-26 ·cited 14×·via Habeas Corpus Review
  The court held that the identification procedures were not impermissibly suggestive and did not violate due process, and therefore habeas corpus relief was not warranted.
• Hooper v. Perini
  641 F.2d 445· 6th Cir.· 1981-02-17 ·cited 14×·via Habeas Corpus Relief
  The court held that even if the jury instruction improperly placed the burden of proof on the defendant for self-defense, the error was harmless beyond a reasonable doubt given the overwhelming evidence of guilt.
• Franklin v. Fenton
  642 F.2d 760· 3d Cir.· 1980-10-21 ·cited 14×·via Habeas Corpus Relief
  The Parole Commission's actions in withdrawing, reissuing, and holding warrants in abeyance pending disposition of criminal charges were permissible under the relevant statutes and regulations. A duplicate warrant issued after the expiration of a parole term is valid if the origi
• Phillips v. Smith
  632 F.2d 1019· 2d Cir.· 1980-09-26 ·cited 14×·via Federal Habeas Corpus
  The dissenting judge believes the majority improperly expanded federal habeas corpus powers by granting relief based on prosecutorial misconduct without a showing of actual prejudice to the defendant.
• Rowell v. Oesterle
  626 F.2d 437· 5th Cir.· 1980-09-24 ·cited 14×·via Federal Habeas Corpus
  The court held that the district court had subject matter jurisdiction to entertain the petition and that Florida was not obligated to provide free legal counsel in this civil custody dispute.
• Brown v. Blackburn
  625 F.2d 35· 5th Cir.· 1980-08-27 ·cited 14×
  The court held that a writ of habeas corpus must issue because the petitioner did not receive effective assistance of counsel and an impermissibly suggestive photographic identification procedure created a substantial likelihood of misidentification.
• Brown v. Jernigan
  622 F.2d 914· 5th Cir.· 1980-08-01 ·cited 14×·via Habeas Corpus Review
  The court held that the district court did not err in denying the habeas petition, as the petitioner's guilty plea was voluntary and knowing, and other claims lacked merit.
• Pruitt v. Housewright
  624 F.2d 851· 8th Cir.· 1980-07-09 ·cited 14×
  The dissenting judge would remand the case to the district court for further inquiry into the petitioner's claims of new evidence suggesting his conviction may have been based on incorrect testimony.
• United States v. Milestone
  626 F.2d 264· 3d Cir.· 1980-06-30 ·cited 14×·via Habeas Corpus Review
  The court held that deleting language from an indictment to conform to the prosecution's election of theories does not constitute an amendment requiring grand jury approval if the remaining language still states an offense and does not broaden the charges.
• Thompson v. Carlson
  624 F.2d 415· 3d Cir.· 1980-05-22 ·cited 14×
  The majority reverses the district court's order, holding that the Bureau of Prisons is not bound to comply with the Federal Youth Corrections Act's segregation mandate for a youth offender who receives a consecutive adult sentence.
• Fasenmyer v. State
  383 So. 2d 706· Fla. 1st DCA· 1980-05-01 ·cited 14×
  Fasenmyer appeals his convictions for breaking and entering with intent to commit a felony, grand larceny, and use of a firearm in commission of a felony. The appellate court reverses and remands for a new trial based on two trial court errors: admission of irrelevant testimony a
• Sena v. Romero
  617 F.2d 579· 10th Cir.· 1980-03-19 ·cited 14×·via Habeas Corpus Relief
  The court held that the trial court erred by placing the burden of proof on the petitioner to show his guilty plea was involuntary, when the record was silent and the burden should have shifted to the government.
• Passmore v. Estelle
  607 F.2d 662· 5th Cir.· 1979-11-27 ·cited 14×
  Ineffective assistance of counsel can be established if the proceeding was fundamentally unfair or if a state official knew or should have known of the deficient representation and failed to act.
• Reggie C. Madeley v. Estelle
  606 F.2d 560· 5th Cir.· 1979-11-14 ·cited 14×·via Federal Habeas Corpus
  The court held that procedural defaults, under state law, bar federal habeas review of the merits unless cause and prejudice are shown.
• Rundlett v. Oliver
  607 F.2d 495· 1st Cir.· 1979-08-01 ·cited 14×·via Habeas Corpus Relief
  The court upholds the Maine statute, finding that the gaps noted in a prior case have been filled by the present record, allowing for a plausible legislative purpose that meets heightened scrutiny for sex-based classifications.
• Allison v. Gray
  603 F.2d 633· 7th Cir.· 1979-07-30 ·cited 14×·via Habeas Corpus Relief
  The court held that the exclusion of alibi evidence under an unconstitutional statute was not harmless error beyond a reasonable doubt.
• Jones v. Morris
  590 F.2d 684· 7th Cir.· 1979-01-19 ·cited 14×·via Federal Habeas Corpus
  The court held that the district court did not err in granting summary judgment for the state on the speedy trial claim and in denying the motion for appointment of counsel.
• United States ex rel. James Raymond Moore v. People OF the State OF Ill.
  577 F.2d 411· 7th Cir.· 1978-05-26 ·cited 14×
  The admission of testimony regarding the victim's pretrial identification of the defendant was harmless constitutional error because the victim's in-court identification was reliable and based on an independent source, and the failure to provide a transcript of the preliminary he
• Nordskog v. Louie L. Wainwright
  546 F.2d 69· 5th Cir.· 1977-01-27 ·cited 14×·via Federal Habeas Corpus
  The court held that the district court correctly dismissed the habeas corpus petition, affirming the denial of relief based on search and seizure claims and the admission of prior bad acts evidence.
• Akridge v. Hopper
  545 F.2d 457· 5th Cir.· 1977-01-13 ·cited 14×·via Federal Habeas Corpus
  A guilty plea entered with the advice of counsel, which advice was within the range of competency demanded of attorneys in criminal cases, is not subject to federal habeas corpus intervention.
• Sterling C. Corley v. Cardwell
  544 F.2d 349· 9th Cir.· 1976-08-09 ·cited 14×·via Federal Habeas Corpus
  The court affirmed the dismissal of the habeas corpus petition, finding no constitutional violations in the state court proceedings.
• Young v. State OF Ark.
  533 F.2d 1079· 8th Cir.· 1976-04-22 ·cited 14×·via Federal Habeas Corpus
  The court held that a federal habeas petition must be dismissed if the petitioner has not exhausted available state remedies for the claims raised.
• United States ex rel. Edgar Ross v. Fike
  534 F.2d 731· 7th Cir.· 1976-04-02 ·cited 14×
  The court held that references to the petitioner's silence at a lineup, when he had been instructed he could remain silent, were not harmless error and thus denied him a trial free from prejudicial inferences.
• The State of Fla. ex rel. Rolando Bardina v. Sandstrom
  321 So. 2d 630· Fla. 3d DCA· 1975-11-12 ·cited 14×
  A Florida appellate court reviewed a habeas corpus petition challenging an excessive bail amount of $350,000 set in a capital felony murder case. The court found the bail was excessive and reduced it to $50,000, emphasizing that defendants entitled to bail are entitled to reasona
• Loyd Jasper Ange, Jr. v. Paderick
  521 F.2d 1066· 4th Cir.· 1975-07-23 ·cited 14×·via Federal Habeas Corpus
  The court held that a district court's recommendation for a federal prisoner to serve his sentence in a state facility has no legal effect and does not entitle the prisoner to credit for the period between the recommendation and actual transfer. However, a claim for credit on a s