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

• Euell v. Wyrick
  675 F.2d 1007· 8th Cir.· 1982-04-23 ·cited 8×·via Federal Habeas Corpus
  A federal habeas court may hear a jury selection claim even if not raised at trial, if state courts did not invoke their contemporaneous objection rule as a bar.
• Williford v. Estelle
  672 F.2d 552· 5th Cir.· 1982-04-09 ·cited 8×·via Habeas Corpus Proceedings
  The court held that the petitioner knowingly and intelligently waived his right to counsel, and the Louisiana conviction was not void.
• Allen v. United States Parole Comm'n
  671 F.2d 322· 9th Cir.· 1982-03-11 ·cited 8×
  The court held that the United States Parole Commission did consider the petitioner's completion of the NARA program, and therefore did not act arbitrarily or capriciously in denying parole.
• Brewer v. Raines
  670 F.2d 117· 9th Cir.· 1982-02-22 ·cited 8×·via Habeas Corpus Review
  A defendant's knowing, intelligent, and voluntary absence from trial and sentencing constitutes a waiver of their Sixth Amendment right to be present, and such absence can be inferred under Rule 9.1 if the defendant had notice and warning.
• Valencia v. Limbs
  655 F.2d 195· 9th Cir.· 1981-08-31 ·cited 8×·via Habeas Corpus Review
  The court held that the Jackson v. Virginia standard for reviewing sufficiency of evidence in state criminal convictions does not apply to international extradition proceedings.
• Cunningham v. Perini
  655 F.2d 98· 6th Cir.· 1981-07-27 ·cited 8×·via Habeas Corpus Review
  The court held that the prosecutor's comments on the defendant's demeanor did not violate the Fifth Amendment by commenting on his failure to testify.
• Itel Cap. Corp. v. Dennis Mining Supply & Equip., Inc.
  651 F.2d 405· 5th Cir.· 1981-07-24 ·cited 8×·via Writ Of Habeas Corpus Ad Subjiciendum
  District courts have jurisdictional authority to issue writs of habeas corpus ad testificandum for prisoners incarcerated outside their territorial jurisdiction, and the district court did not abuse its discretion in denying the petition as untimely.
• Haney v. Rose
  642 F.2d 1055· 6th Cir.· 1981-03-04 ·cited 8×·via Habeas Corpus Review
  Federal habeas review of a state prisoner's claim of an unfair jury is not precluded by Wainwright v. Sykes if the state court's finding of procedural waiver was based on a misinterpretation of the record. Prejudice is not presumed when a juror is exposed to information about a d
• Hassig v. Smith
  395 So. 2d 188· Fla. 1st DCA· 1981-01-16 ·cited 8×
  The court held that a Texas court order did not validly modify a Florida divorce decree regarding child support payments.
• Boyd v. Ira Mintz
  631 F.2d 247· 3d Cir.· 1980-09-29 ·cited 8×·via Federal Habeas Corpus
  The court held that a breakdown in state procedure prevented the appellant from having a full and fair litigation of his Fourth Amendment claim, thus precluding federal habeas corpus relief.
• Johns v. Dep't OF Just. OF the United States
  624 F.2d 522· 5th Cir.· 1980-08-01 ·cited 8×
  The court held that deportation proceedings against an unrepresented infant violate due process, requiring the appointment of a guardian ad litem.
• Montes v. Jenkins
  626 F.2d 584· 7th Cir.· 1980-07-25 ·cited 8×·via Habeas Corpus Review
  The court held that the introduction of a codefendant's adoption of the petitioner's confession was not a violation of confrontation rights, and the confession itself was voluntary and not the fruit of illegal detention.
• State v. Bacon
  385 So. 2d 1160· Fla. 2d DCA· 1980-07-11 ·cited 8×·via Habeas Corpus Proceedings
  Florida appealed the dismissal of aggravated assault charges against Robert Bacon. The trial court dismissed the case when the victim disappeared and, after the state refiled the charges, granted Bacon's motion to dismiss based on alleged double jeopardy and expiration of speedy
• Medina v. Sandstrom
  384 So. 2d 927· Fla. 3d DCA· 1980-06-13 ·cited 8×
  A defendant charged with life-imprisonment crimes was denied bail based on a trial judge's finding that proof of guilt was evident and presumption was great. The defendant challenged this denial via habeas corpus, arguing the judge improperly relied on hearsay evidence—a victim's
• Dalton Abbott v. Louie L. Wainwright
  616 F.2d 889· 5th Cir.· 1980-05-09 ·cited 8×·via Habeas Corpus Relief
  The court held that the denial of a severance motion, which prevented a codefendant from offering exculpatory testimony, made the state trial fundamentally unfair, warranting habeas corpus relief.
• Hankins v. Civiletti
  614 F.2d 953· 5th Cir.· 1980-03-31 ·cited 8×
  A party who testifies on direct examination waives the Fifth Amendment privilege against self-incrimination concerning matters relevant to that testimony, and cannot refuse to answer relevant cross-examination questions.
• Osborne v. Vinson F. Thompson
  610 F.2d 461· 6th Cir.· 1979-12-20 ·cited 8×
  The court held that due process required the trial court to conduct a hearing on the petitioner's competency to stand trial when doubt was raised by psychiatric reports and the judge's own finding of incompetence.
• United States ex rel. Sam Robert Faulisi & Thomas Vogt v. Thaddeus E. Pinkney
  611 F.2d 176· 7th Cir.· 1979-11-06 ·cited 8×·via Habeas Corpus Review
  The court held that federal courts are precluded from granting habeas corpus relief on Fourth Amendment claims when the state has provided an opportunity for full litigation, and that the Bruton rule does not apply to bench trials.
• Bennington v. Verne C. Thornton, Jr.
  370 So. 2d 856· Fla. 4th DCA· 1979-05-10 ·cited 8×
  The court held that a probationer arrested on a warrant, rather than for a new felony charge, is not entitled to a hearing within ten days under Section 949.11, Fla.Stat. (1977).
• T. W. C. v. Pate
  369 So. 2d 361· Fla. 1st DCA· 1979-03-14 ·cited 8×
• Morgan v. Estelle
  588 F.2d 934· 5th Cir.· 1979-01-29 ·cited 8×
  The court affirmed the denial of habeas corpus relief, holding that federal courts cannot grant relief on Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims.
• United States v. Degnan
  587 F.2d 619· 3d Cir.· 1978-11-28 ·cited 8×
  The court held that orders granting writs of habeas corpus but not yet disposing of the relators' custody are not final appealable orders.
• Shane v. State OF Iowa
  581 F.2d 727· 8th Cir.· 1978-08-22 ·cited 8×
  The court affirmed the dismissal of the habeas corpus petition, finding the Fourth Amendment claim precluded and the identification issue unexhausted in state courts.
• Alexander v. Smith
  582 F.2d 212· 2d Cir.· 1978-08-07 ·cited 8×
  The court affirmed the denial of the habeas corpus petition, holding that the petitioner's confession was voluntary and not obtained in violation of his Fifth or Sixth Amendment rights.
• Grant v. White
  579 F.2d 48· 8th Cir.· 1978-07-06 ·cited 8×·via Habeas Corpus Relief
  The court held that while the use of an invalid juvenile adjudication for impeachment was harmless error, the use of the same adjudication for enhanced sentencing requires resentencing.
• Girard v. Goins
  575 F.2d 160· 8th Cir.· 1978-04-13 ·cited 8×·via Habeas Corpus Relief
  The court held that the petitioners did not waive their right to a jury trial and had exhausted their state remedies, and that the fines imposed for criminal contempt constituted a serious offense, thus violating their constitutional right to a jury trial.
• Bradley v. Louie L. Wainwright
  561 F.2d 1200· 5th Cir.· 1977-10-27 ·cited 8×
  The appellate court's decision to grant rehearing and affirm the conviction is upheld, and the petition for a writ of habeas corpus is dismissed.
• Clennon Loud v. Estelle
  556 F.2d 1326· 5th Cir.· 1977-08-05 ·cited 8×·via Federal Habeas Corpus
  The court held that the petitioner did not have a constitutional right to counsel at his 1960 probation revocation hearing, and his failure to object to the use of that conviction for sentence enhancement waives federal habeas corpus review.
• Sandoval v. Aaron
  562 F.2d 13· 10th Cir.· 1977-06-20 ·cited 8×·via Habeas Corpus Review
  A state prisoner who has had a full and fair opportunity to litigate his Fourth Amendment claim in state court cannot obtain federal habeas corpus relief on that claim.
• Beaulieu v. Hartigan
  554 F.2d 1· 1st Cir.· 1977-04-06 ·cited 8×·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, vacating the order granting bail.
• Journigan v. Duffy
  552 F.2d 283· 9th Cir.· 1977-03-08 ·cited 8×·via Federal Habeas Corpus
  A guilty plea does not bar federal habeas corpus relief when the petitioner has used available state habeas corpus proceedings to challenge the constitutionality of the statute under which they were convicted.
• Holt v. Black
  550 F.2d 1061· 6th Cir.· 1977-03-03 ·cited 8×
  The court held that the double jeopardy clause, as interpreted in Breed v. Jones, applies retroactively to a 1973 conviction where the appellant was adjudicated delinquent for the same offense prior to his criminal conviction.
• Don v. Stinson
  545 F.2d 485· 5th Cir.· 1977-01-14 ·cited 8×·via Federal Habeas Corpus
• Clark v. Wyrick
  538 F.2d 1327· 8th Cir.· 1976-07-20 ·cited 8×
  The court held that a Rule 60(b) motion cannot serve as a substitute for a timely appeal from the original judgment.
• Ross v. Mebane
  536 F.2d 1199· 7th Cir.· 1976-06-30 ·cited 8×
  The court held that claims challenging the fact or duration of confinement, including the deprivation of good time credits, are not moot and should be considered via habeas corpus, even if the prisoner has been transferred. Claims for injunctive relief against future punishment a
• Kirvelaitis v. Gray
  513 F.2d 213· 6th Cir.· 1975-03-31 ·cited 8×·via Habeas Corpus Relief
  The court held that while the appellant's consent to search was invalid due to the coercive circumstances, the co-occupant's consent was valid, and the entry was reasonable, thus affirming the denial of habeas corpus relief.
• Pickens v. The State OF Tex.
  497 F.2d 981· 5th Cir.· 1974-07-19 ·cited 8×
  The court held that revoking probation based on speech protected by the First Amendment constitutes an abuse of discretion.
• Marshall v. Rose
  499 F.2d 1163· 6th Cir.· 1974-06-25 ·cited 8×
  The court held that the admission of the victim's in-court identification was not harmless error because it was tainted by an unconstitutional showup conducted without counsel, and the state failed to prove by clear and convincing evidence that the identification had an independe
• Benedict v. Foster
  300 So. 2d 8· Fla.· 1974-06-12 ·cited 8×
  The Court's judgment is joined, specifically the holding that the complaint failed to satisfy the constitutional threshold requirement of an actual case or controversy.
• State of Fla. ex rel. Robert L. Shevin v. Rawls
  290 So. 2d 477· Fla.· 1974-02-13 ·cited 8×
  The Florida Supreme Court denied a writ of prohibition sought by the State to prevent the First District Court of Appeal from hearing criminal appeals, holding that timely notices of appeal filed in the Second District Court of Appeal due to improper state advice should be treate
• Fate Thomas v. Beasley
  491 F.2d 507· 6th Cir.· 1974-02-05 ·cited 8×
  The court held that jeopardy attached at the first trial, and the declaration of a mistrial over the defendant's objection without manifest necessity bars retrial.
• McEACHERN v. Henderson
  485 F.2d 694· 5th Cir.· 1973-10-18 ·cited 8×·via Habeas Corpus Relief
  The court held that a prisoner's claim regarding restrictions imposed by federal prison officials due to a state detainer should be considered separately from a claim challenging the validity of the detainer itself on speedy trial grounds.
• Addison v. Fla. Parole Bd.
  281 So. 2d 906· Fla. 1st DCA· 1973-08-30 ·cited 8×
  Petitioner challenged his parole revocation by the Florida Parole Commission as illegal and lacking due process. The court affirmed the revocation, finding that the Commission complied with the minimum due process requirements established in Morrissey v. Brewer.
• Sec. & Exch. Comm'n v. Radio Hill Mines Co., Ltd.
  479 F.2d 4· 2d Cir.· 1973-05-25 ·cited 8×
  The court held that the district court had the equitable power to order ancillary reporting requirements as part of a preliminary injunction under the Securities Acts, and that such requirements were not unconstitutional under the Fourth or Fifth Amendments in this context.
• Stone v. Louie L. Wainwright
  478 F.2d 390· 5th Cir.· 1973-04-19 ·cited 8×·via Federal Habeas Corpus
• United States ex rel. Brodie Byron Davis v. Henderson
  474 F.2d 1098· 5th Cir.· 1973-03-08 ·cited 8×
  The court held that while most of petitioner's claims were without merit, his contention regarding the systematic exclusion of blacks from jury service required further investigation in light of a recent Supreme Court decision.
• Merlon S. Hines v. Beto
  473 F.2d 1034· 5th Cir.· 1973-02-08 ·cited 8×·via Federal Habeas Corpus
  The court held that even if an out-of-court identification procedure was suggestive, relief is not warranted if the in-court identification was independent and untainted.
• Dudley Lewis LEE v. Louie L. Wainwright
  468 F.2d 809· 5th Cir.· 1972-10-25 ·cited 8×·via Federal Habeas Corpus
  Failure to petition the Florida Supreme Court for certiorari after denial of state post-conviction relief does not bar federal habeas corpus relief for failure to exhaust state remedies.
• Matthews v. State
  463 F.2d 679· 5th Cir.· 1972-07-17 ·cited 8×·via Habeas Corpus Review
  The court held that the case is not moot because the appellant suffered collateral consequences from his conviction, despite his release from jail and payment of fines.
• Turnbow v. Beto
  464 F.2d 527· 5th Cir.· 1972-07-07 ·cited 8×·via Federal Habeas Corpus
  The court held that a new ground for habeas relief was raised, requiring remand to determine if it was deliberately withheld.