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

• Vassar v. Solem
  763 F.2d 975· 8th Cir.· 1985-06-04 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions for an expert witness, refusing to suppress his confession, refusing to disqualify itself, or denying his motion for a new trial.
• Walker v. A.L. Lockhart
  763 F.2d 942· 8th Cir.· 1985-05-17 ·cited 12×·via Habeas Corpus Relief
  The court held that newly discovered evidence, if credible enough for a jury, warrants a new trial, and that the trial judge's bias deprived the defendant of a fair trial.
• Parker v. Procunier
  763 F.2d 665· 5th Cir.· 1985-04-16 ·cited 12×·via Federal Habeas Corpus
  The evidence presented at trial was sufficient to sustain the defendant's murder conviction, and therefore a writ of habeas corpus should not issue.
• Quiroz v. Wawrzaszek
  749 F.2d 1375· 9th Cir.· 1984-12-27 ·cited 12×
  A defendant's knowing and intelligent waiver of constitutional rights is valid even if the trial judge did not explicitly advise them of the maximum sentence, provided counsel communicated this information.
• Glinton v. Wille
  457 So. 2d 563· Fla. 4th DCA· 1984-10-10 ·cited 12×
  Richard Glinton petitioned for habeas corpus review after his pretrial bond was revoked and he was adjudicated guilty of contempt of court for violating a bond condition prohibiting him from entering a specific neighborhood field. The court granted the petition, finding the bond
• Ladell Spann v. Louie L. Wainwright
  742 F.2d 606· 11th Cir.· 1984-09-24 ·cited 12×·via Habeas Corpus Relief
  A plea bargain standing alone, without being embodied in a court's judgment, does not create a due process right to specific enforcement.
• Christian v. McKASKLE
  731 F.2d 1196· 5th Cir.· 1984-05-14 ·cited 12×·via Federal Habeas Corpus
  The court affirmed the dismissal of the habeas corpus petition, finding that the Fourth Amendment claim was barred by Stone v. Powell and the Sixth Amendment claim lacked merit because a motion to suppress would have failed.
• Watters v. Hubbard
  725 F.2d 381· 6th Cir.· 1984-01-16 ·cited 12×·via Habeas Corpus Relief
  The court held that admitting psychiatrists' testimony reciting inculpatory statements violated the defendant's Fifth Amendment privilege against self-incrimination.
• Miller v. Toles
  442 So. 2d 177· Fla.· 1983-10-13 ·cited 12×
  The Florida Supreme Court held that when a parolee arrested on felony charges is not given a hearing within ten days as required by statute, the automatic temporary revocation of parole is waived and the parolee must be released, preventing the state from later pursuing revocatio
• LaROCHE v. Perrin
  718 F.2d 500· 1st Cir.· 1983-09-30 ·cited 12×
  The court held that the underrepresentation of 18-34 year olds on petit juries, due to the jury selection system, constituted a prima facie violation of the fair-cross-section requirement.
• Price v. King
  714 F.2d 585· 5th Cir.· 1983-09-16 ·cited 12×·via Federal Habeas Corpus
  The Supreme Court's Doyle rule, prohibiting impeachment by post-Miranda silence, applies to cases on direct review when Doyle was decided.
• Baker v. W.J. Estelle, Jr.
  711 F.2d 44· 5th Cir.· 1983-08-01 ·cited 12×·via Federal Habeas Corpus
  The court held that the petitioner was not subjected to double jeopardy and affirmed the denial of his habeas corpus petition.
• Fabian v. Reed
  707 F.2d 147· 5th Cir.· 1983-05-31 ·cited 12×·via Federal Habeas Corpus
  The court held that it lacks jurisdiction to hear an appeal from a federal habeas corpus petition dismissal without a certificate of probable cause and will remand for the district court to consider granting one.
• Thigpen v. United States Parole Comm'n
  707 F.2d 973· 7th Cir.· 1983-05-26 ·cited 12×
  The Parole Commission has the authority to withdraw an executed parole violator warrant and hold it in abeyance pending the outcome of related state criminal charges, even after a constitutionally infirm revocation hearing has occurred.
• Folston v. Allsbrook
  691 F.2d 184· 4th Cir.· 1982-09-27 ·cited 12×·via Habeas Corpus Relief
  The court held that the district court did not err in denying a habeas corpus evidentiary hearing and in finding no constitutional error in the admission of evidence at the state trial.
• Ottway Barbee v. Ruth
  678 F.2d 634· 5th Cir.· 1982-06-18 ·cited 12×·via Habeas Corpus Relief
  A guilty plea is valid even if the defendant is not informed that the sentence may run consecutively to a prior sentence.
• Danilo Zabala Artez v. Mulcrone
  673 F.2d 1169· 10th Cir.· 1982-04-01 ·cited 12×
  The court held that the Parole Commission's denial of parole did not violate the Ex Post Facto Clause or the Equal Protection Clause, nor did it unconstitutionally delegate judicial power.
• Hilbert Walker v. Louie L. Wainwright
  411 So. 2d 1038· Fla. 1st DCA· 1982-04-01 ·cited 12×
  Walker petitioned for a belated appeal of his 1973 rape conviction, claiming he had requested his court-appointed attorney file an appeal that was never filed. The Florida appellate court denied the petition, holding that the doctrine of laches precluded the belated appeal given
• Harrison v. Louie L. Wainwright
  408 So. 2d 800· Fla. 5th DCA· 1982-01-15 ·cited 12×
  The court held that a defendant must be given credit for all time spent in jail as a condition of probation before sentencing, even if probation is revoked.
• State ex rel Franklin C. Coody v. The Honorable Bernard Muszynski
  402 So. 2d 81· Fla. 5th DCA· 1981-08-18 ·cited 12×
  The court held that a civil contempt order for failure to pay child support must always permit the contemnor to purge the contempt by complying with the order, and a provision allowing purge only after a period of incarceration is improper.
• Escobedo v. Estelle
  650 F.2d 70· 5th Cir.· 1981-07-06 ·cited 12×·via Federal Habeas Corpus
  A state prisoner has exhausted state remedies for federal habeas corpus purposes when the federal claim has been fairly presented to the highest state court, even if that court did not explicitly address the claim in its opinion.
• United States v. Daryls Foster Steed
  646 F.2d 136· 4th Cir.· 1981-04-09 ·cited 12×·via Habeas Corpus Review
  The court's reasoning and result are concurred with, but a distinction is made regarding the evidentiary standards applied in different contexts.
• Hussong v. Warden, Wis. State Reformatory
  623 F.2d 1185· 7th Cir.· 1980-06-06 ·cited 12×·via Federal Habeas Corpus
• Jewell Jess Stone v. Cardwell
  620 F.2d 212· 9th Cir.· 1980-05-30 ·cited 12×·via Habeas Corpus Review
  The federal district court's finding that a state prisoner's guilty plea was not knowingly and voluntarily made is not clearly erroneous and is therefore affirmed.
• Spenkelink v. Louie L. Wainwright
  372 So. 2d 927· Fla.· 1979-05-25 ·cited 12×
  The Court denied the petition for writ of habeas corpus, application for stay of execution, motion to intervene, and request for review of sentence.
• Bryan v. Louie L. Wainwright
  588 F.2d 1108· 5th Cir.· 1979-02-05 ·cited 12×·via Federal Habeas Corpus
  The court held that the jury instruction on 'depraved mind' in a second-degree murder case, while potentially subject to improvement, did not render the trial fundamentally unfair or violate constitutional rights.
• Eleuterio v. Louie L. Wainwright
  587 F.2d 194· 5th Cir.· 1979-01-02 ·cited 12×·via Habeas Corpus Relief
  The court held that a refusal to sign a Miranda waiver form does not automatically invalidate a waiver, and that competent evidence of sanity existed to support the conviction.
• Gammill v. Louie L. Wainwright
  357 So. 2d 714· Fla.· 1978-04-05 ·cited 12×
  James Gammill was sentenced to 35 years in prison immediately after being declared a mentally disordered sex offender under Florida law. The Florida Supreme Court held that the trial court failed to follow proper procedure under Chapter 917 by imposing sentence before Gammill com
• Martin v. Wyrick
  568 F.2d 583· 8th Cir.· 1978-01-03 ·cited 12×·via Habeas Corpus Relief
  The Court held that the Faretta right to self-representation should not be applied retroactively to cases pending on direct appeal when Faretta was decided, as its purpose is not to enhance the reliability of the truth-determining process.
• United States v. Dansker
  561 F.2d 485· 3d Cir.· 1977-08-15 ·cited 12×·via Habeas Corpus Relief
  The court held that the standards of Fed.R.App.P. 23 govern bail pending appeal for collateral attacks after direct appeal review is complete. The petition for rehearing en banc is denied.
• Macio Ennis v. LeFEVRE
  560 F.2d 1072· 2d Cir.· 1977-08-09 ·cited 12×·via Habeas Corpus Review
  The court affirmed the denial of the petition because the appellant had not exhausted his state remedies regarding the ineffective assistance of counsel claim.
• Rush O. Nichols v. Estelle
  556 F.2d 1330· 5th Cir.· 1977-08-05 ·cited 12×·via Habeas Corpus Relief
  The court held that a petitioner's failure to object to the admission of a prior conviction on the grounds of denial of counsel on appeal constitutes a waiver of that constitutional error for habeas corpus relief.
• Graves v. Estelle
  556 F.2d 743· 5th Cir.· 1977-07-27 ·cited 12×·via Federal Habeas Corpus
  The court held that while the petitioner had exhausted state remedies, his Fourth Amendment claim could not be granted on federal habeas review because the state courts provided a full and fair opportunity to litigate the claim, as required by Stone v. Powell.
• Roach v. Parratt
  541 F.2d 772· 8th Cir.· 1976-09-17 ·cited 12×·via Federal Habeas Corpus
  Federal habeas corpus relief is not available for Fourth Amendment claims if the state provided a full and fair opportunity to litigate them.
• Stewart v. Cowan
  528 F.2d 79· 6th Cir.· 1976-01-07 ·cited 12×
  The admission of hearsay testimony regarding an FBI ballistics report and anonymous phone calls violated the Confrontation Clause of the Sixth Amendment because the prosecution failed to show the unavailability of the declarants and the statements lacked sufficient indicia of rel
• Edmunds v. Chang
  509 F.2d 39· 9th Cir.· 1975-01-02 ·cited 12×·via Federal Habeas Corpus
  A person fined by a state court is not considered "in custody" for federal habeas corpus purposes unless confinement is imminent or actual.
• Walker v. Louie L. Wainwright
  303 So. 2d 321· Fla.· 1974-11-13 ·cited 12×
  Peter Bryan Walker petitioned for habeas corpus relief challenging his ten-year sentence for breaking and entering, arguing the sentence was enhanced by consideration of prior invalid convictions and that his guilty plea was coerced. The Florida Supreme Court dismissed the petiti
• McCUSKER v. Hoyt C. Cupp
  506 F.2d 459· 9th Cir.· 1974-10-15 ·cited 12×
  Magistrates lack authority to conduct evidentiary hearings in habeas corpus cases, and such hearings must be held by a district judge.
• Smith v. State
  296 So. 2d 490· Fla.· 1974-06-12 ·cited 12×
• Crowe v. State OF S.D.
  484 F.2d 1359· 8th Cir.· 1973-10-04 ·cited 12×·via Federal Habeas Corpus
  The court held that the appellant failed to establish reversible error in the acceptance of his guilty plea or denial of effective assistance of counsel.
• Hardin v. Estelle
  484 F.2d 944· 5th Cir.· 1973-09-19 ·cited 12×·via Habeas Corpus Relief
  The court held that the district court was correct in granting habeas corpus relief due to the denial of compulsory process for witnesses.
• Eisel v. Secretary OF THE Army
  477 F.2d 1251· D.C. Cir.· 1973-03-28 ·cited 12×
  The court held that the District Court lacked jurisdiction to hear the habeas corpus petitions filed by inactive reservists seeking discharge. The court determined that the 'immediate custodian' concept was not determinative and that jurisdiction should be based on practical cons
• Gibson v. Blair
  467 F.2d 842· 5th Cir.· 1972-09-26 ·cited 12×·via Federal Habeas Corpus
  The court held that the state court failed to afford the appellant a full and fair evidentiary hearing on his claim of unconstitutional jury exclusion.
• Schlomann v. Moseley
  457 F.2d 1223· 10th Cir.· 1972-03-24 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the ruling in O'Callahan v. Parker, which limited military court jurisdiction to service-connected offenses, should not be applied retroactively to convictions that became final before O'Callahan was decided.
• Smith v. Hoyt C. Cupp
  457 F.2d 1098· 9th Cir.· 1972-02-29 ·cited 12×·via Federal Habeas Corpus
  The court held that the district court correctly dismissed the petition for habeas corpus relief, affirming the denial of all five arguments presented by the petitioner.
• McCLUSTER v. Louie L. Wainwright
  453 F.2d 162· 5th Cir.· 1972-01-05 ·cited 12×·via Federal Habeas Corpus
  A federal habeas corpus petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies and is not required to present claims again in a collateral proceeding.
• Stidham v. Wingo
  452 F.2d 837· 6th Cir.· 1971-12-16 ·cited 12×
  The court held that the District Court erred in denying a habeas corpus petition without an evidentiary hearing when disputed issues of fact were presented.
• Bartz v. Louie L. Wainwright
  451 F.2d 663· 5th Cir.· 1971-11-19 ·cited 12×
  The court held that a petitioner who has had claims considered by the highest state court on direct appeal has exhausted state remedies for those claims. The court found that certain claims were properly dismissed but others were exhausted and should be considered on the merits.
• United States ex rel. Edgar H. Smith v. Yeager
  451 F.2d 164· 3d Cir.· 1971-08-02 ·cited 12×
  The appellate court affirmed the district court's grant of a writ of habeas corpus, agreeing that the defendant's inculpatory statements were involuntary under federal constitutional standards.
• Sanchez v. Nelson
  446 F.2d 849· 9th Cir.· 1971-07-22 ·cited 12×·via Federal Habeas Corpus
  The court held that the district court erred in rejecting the ineffective assistance of counsel claim based solely on the consistency of defenses, and that the issue requires further examination.