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

• Gibson v. Collins
  947 F.2d 780· 5th Cir.· 1991-11-27 ·cited 6×·via Habeas Corpus Review
  A rational juror could find guilt beyond a reasonable doubt based on fingerprints found on items disturbed during a burglary, if the circumstances indicate the items were generally inaccessible to the defendant except during the commission of the crime.
• Herrera v. Harkins
  949 F.2d 1096· 10th Cir.· 1991-11-26 ·cited 6×·via Habeas Corpus Relief
  A prisoner may use 42 U.S.C. § 1983 to challenge parole procedures, but must use a habeas corpus petition to challenge the fact or duration of confinement.
• Fannings Johnson v. State
  589 So. 2d 456· Fla. 5th DCA· 1991-11-21 ·cited 6×
  Fannings Johnson sought habeas corpus relief challenging his parole revocation after being acquitted of the charges that led to revocation. The circuit court denied his petition, apparently on procedural grounds, but the appellate court reversed, finding no abuse of writ where su
• Tart v. Commonwealth OF Mass.
  949 F.2d 490· 1st Cir.· 1991-11-15 ·cited 6×·via Federal Habeas Corpus
  The court affirmed the district court's rejection of Tart's collateral challenges, finding his Fourth Amendment claim and preemption claim meritless, and his jury instruction claim procedurally barred.
• United States v. DeFUSCO
  949 F.2d 114· 4th Cir.· 1991-11-12 ·cited 6×·via Habeas Corpus Relief
  The court held that a defendant's guilty plea was valid because the trial court adequately complied with Rule 11, the plea was voluntary, and a sufficient factual basis existed. Ineffective assistance of counsel claims are not properly raised on direct appeal.
• Burton v. Johnson
  948 F.2d 1150· 10th Cir.· 1991-11-01 ·cited 6×·via Habeas Corpus Review
  The court held that the majority opinion created an erroneous rule of constitutional law by presuming juror bias based on past abuse and alleged dishonesty, rather than requiring proof of fixed opinions preventing impartial judgment.
• Raley v. Parke
  945 F.2d 137· 6th Cir.· 1991-09-19 ·cited 6×
  The court held that the 1980 guilty plea was validly entered, but the 1981 plea was not sufficiently proven to be knowing and intelligent. A conditional writ of habeas corpus was granted, allowing the state to hold a new evidentiary hearing on the 1981 plea.
• Clark v. Moran
  942 F.2d 24· 1st Cir.· 1991-08-09 ·cited 6×·via Habeas Corpus Relief
  The court held that the introduction of the benzidine test results, while a constitutional violation, constituted harmless error beyond a reasonable doubt due to overwhelming untainted evidence of guilt. The court also affirmed the district court's finding that trial counsel's pe
• Jennison v. B.D. Goldsmith
  940 F.2d 1308· 9th Cir.· 1991-08-08 ·cited 6×·via Federal Habeas Corpus
  A petitioner must exhaust all available state remedies, including discretionary review by the state supreme court, before seeking federal habeas corpus relief, even if the state supreme court has declared such review unnecessary for exhaustion purposes.
• Britz v. Thieret
  940 F.2d 226· 7th Cir.· 1991-08-06 ·cited 6×·via Federal Habeas Corpus
  The court held that a state trial court's failure to conduct individual voir dire to determine if prospective jurors were aware of the defendant's prior conviction does not violate the Sixth Amendment, as the Constitution does not mandate a presumption of prejudice in such cases
• Johnson v. Puckett
  930 F.2d 445· 5th Cir.· 1991-05-07 ·cited 6×·via Habeas Corpus Relief
  A guilty plea to habitual criminal status waives subsequent collateral attacks on prior convictions, and claims not raised in the district court are not considered on appeal.
• Meeks v. Dugger
  576 So. 2d 713· Fla.· 1991-04-11 ·cited 6×
  Douglas Ray Meeks, a death row inmate, petitioned for habeas corpus relief claiming his two death sentences violated Hitchcock v. Dugger by restricting jury consideration to only statutory mitigating circumstances. The Florida Supreme Court found a Hitchcock violation but remande
• In the Interest of R.A.
  575 So. 2d 807· Fla. 4th DCA· 1991-03-13 ·cited 6×
• Buxton v. Collins
  925 F.2d 816· 5th Cir.· 1991-02-25 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner's claims were procedurally barred due to failure to object at trial, and that he failed to demonstrate cause and prejudice for the default. The court denied the application for a certificate of probable cause and a stay of execution.
• Webb v. Lane
  922 F.2d 390· 7th Cir.· 1991-01-08 ·cited 6×·via Federal Habeas Corpus
  The admission of the victim's statements, identified as 'Little Gage,' did not violate the Confrontation Clause because they qualified as excited utterances and a dying declaration, which are firmly rooted hearsay exceptions.
• Turner v. Armontrout
  922 F.2d 492· 8th Cir.· 1991-01-07 ·cited 6×·via Federal Habeas Corpus
  The court held that a motion for a certificate of probable cause, filed by a pro se petitioner within the time limits, can serve as the functional equivalent of a notice of appeal, thus conferring jurisdiction.
• Mahorney v. Wallman
  917 F.2d 469· 10th Cir.· 1990-10-24 ·cited 6×·via Habeas Corpus Relief
  The dissenting judge would affirm the district court's decision, arguing that the prosecutor's remarks, when viewed in the totality of the circumstances, did not deny the defendant due process.
• O.P. Hollis v. J.O. Davis & The Attorney Gen. of the State of Ala.
  912 F.2d 1343· 11th Cir.· 1990-09-25 ·cited 6×
  The court should affirm the district court's dismissal of the habeas corpus petition due to prejudice caused by the petitioner's delay in filing.
• Rizzo v. Armstrong
  912 F.2d 1111· 9th Cir.· 1990-08-30 ·cited 6×
  The court held that the regulation mandating forfeiture of street time was an unreasonable interpretation of the statute and thus invalid, and that street time forfeiture is a discretionary decision for the Commission.
• Smith v. Duckworth
  910 F.2d 1492· 7th Cir.· 1990-08-23 ·cited 6×
  The court held that the state failed to demonstrate sufficient prejudice due to delay in filing the habeas petition, and that Smith's confession was involuntary based on the totality of the circumstances.
• Guinan v. Armontrout
  909 F.2d 1224· 8th Cir.· 1990-08-03 ·cited 6×
  The court affirmed the denial of habeas corpus relief, finding no due process violation in the denial of a psychiatric evaluation, no ineffective assistance of counsel, and no Eighth Amendment violation from jury instructions or prosecutorial remarks.
• United States v. O'Grady
  908 F.2d 170· 7th Cir.· 1990-07-19 ·cited 6×·via Habeas Corpus Relief
  The court held that the district court erred in granting habeas relief without an evidentiary hearing, as the petitioner failed to make a sufficiently precise showing of what impeachment evidence would have produced or why counsel's actions were not strategic.
• United States v. Harper
  901 F.2d 471· 5th Cir.· 1990-05-17 ·cited 6×·via Habeas Corpus Relief
  The court held that the indictment adequately alleged the necessary elements of felony escape, specifically the basis for the defendant's custody, and thus the district court properly denied habeas relief.
• Langle v. State
  559 So. 2d 657· Fla. 5th DCA· 1990-03-22 ·cited 6×
  The court held that a petitioner seeking release due to a delayed final revocation hearing must demonstrate prejudice resulting from the delay, even if the delay is presumed unreasonable.
• Toomey v. Bunnell
  898 F.2d 741· 9th Cir.· 1990-03-13 ·cited 6×·via Habeas Corpus Relief
  The court held that an attorney's failure to move for suppression of evidence, even if intentionally done to create appeal grounds, does not constitute ineffective assistance of counsel if the motion would have been unsuccessful and the client was aware of the strategy.
• Clark v. Commonwealth OF Pa.
  892 F.2d 1142· 3d Cir.· 1989-12-27 ·cited 6×·via Federal Habeas Corpus
  The court held that the 1974 convictions, obtained without a required juvenile certification hearing, were constitutionally infirm and should not have been considered in sentencing for the 1979 conviction.
• Romero v. Lynaugh
  884 F.2d 871· 5th Cir.· 1989-10-05 ·cited 6×
  The court held that the defendant's trial counsel provided constitutionally effective assistance, and the federal district court erred in granting habeas corpus relief.
• Earsel Larry Johnson v. Trickey
  882 F.2d 316· 8th Cir.· 1989-08-10 ·cited 6×·via Habeas Corpus Relief
  The court held that a prisoner is entitled to an evidentiary hearing on claims that his conviction was obtained through the knowing use of perjured testimony and ineffective assistance of counsel, but affirmed the dismissal of a claim challenging the sufficiency of the charging i
• Harrison v. Dahm
  880 F.2d 999· 8th Cir.· 1989-07-27 ·cited 6×·via Habeas Corpus Relief
  The court held that the exclusion of defense witness testimony and the refusal to give jury instructions on the "excited utterance" exception and lack of motive did not constitute constitutional error warranting federal habeas corpus relief.
• Staten v. Neal
  880 F.2d 962· 7th Cir.· 1989-07-26 ·cited 6×
  The Due Process Clause does not prohibit a state's attorney from prosecuting a defendant when a state's attorney from another county promised not to prosecute, if the first state's attorney lacked the authority to bind the second.
• Lewis v. Borg
  879 F.2d 697· 9th Cir.· 1989-07-14 ·cited 6×·via Federal Habeas Corpus
  A federal habeas claim is not barred by procedural default if the state court adjudicates the claim on the merits, even with a summary denial.
• Mayo v. Lynaugh
  882 F.2d 134· 5th Cir.· 1989-06-30 ·cited 6×·via Habeas Corpus Relief
  The court held that the prisoner's constitutional rights were not violated and affirmed the denial of his habeas corpus petition.
• Thomas v. Mun. Court OF the Antelope Valley Jud. Dist. OF Cal.
  878 F.2d 285· 9th Cir.· 1989-06-23 ·cited 6×
  The court held that a mistrial declared sua sponte due to an attorney's conflict of interest, which the defendant refused to waive, constituted manifest necessity, thus permitting retrial without violating the Double Jeopardy Clause.
• Johnson v. Denton
  542 So. 2d 447· Fla. 5th DCA· 1989-04-27 ·cited 6×
  Robert Johnson appeals the trial court's denial of his motion for change of custody and the court's exercise of jurisdiction over a dependency proceeding involving his daughter. The Florida appellate court reversed, holding that the trial court violated the Uniform Child Custody
• O'Callaghan v. State
  542 So. 2d 1324· Fla.· 1989-04-20 ·cited 6×
  John O'Callaghan was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the denial of his Rule 3.850 postconviction relief motion but granted his habeas corpus petition due to a Hitchcock violation in the penalty phase jury instructions, r
• Singleton v. A.L. Lockhart
  871 F.2d 1395· 8th Cir.· 1989-04-10 ·cited 6×·via Habeas Corpus Relief
  The court held that the defendant's conviction was valid, but his death sentence should be reinstated, finding no constitutional error in jury selection or ineffective assistance of counsel, and that the prior vacating of the sentence was based on an overruled precedent.
• Lombard v. Lynaugh
  868 F.2d 1475· 5th Cir.· 1989-04-06 ·cited 6×·via Habeas Corpus Relief
  The court held that a defendant constructively denied effective assistance of appellate counsel falls under the Penson v. Ohio standard, where prejudice is presumed, obviating the need for a Strickland analysis.
• Puffinberger v. Holt
  545 So. 2d 900· Fla. 4th DCA· 1989-03-23 ·cited 6×
  Petitioner sought emergency habeas corpus relief after the trial court denied her motion to reduce pretrial bond in a child abuse case. The appellate court granted the petition, finding the trial court abused its discretion by denying bond reduction based on improper criteria and
• Myron Mann v. Hendrian
  871 F.2d 51· 7th Cir.· 1989-03-02 ·cited 6×·via Federal Habeas Corpus
  A plaintiff lacks standing to sue a judge for injunctive relief regarding alleged constitutional violations in a past contempt proceeding if the likelihood of facing the same judge in a future, similar proceeding is speculative.
• Alford v. Rolfs
  867 F.2d 1216· 9th Cir.· 1989-02-09 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner's claims regarding the habitual criminal finding, right to counsel, and Eighth Amendment challenge to his life sentence lacked merit.
• Stein v. Stein
  537 So. 2d 613· Fla. 4th DCA· 1988-12-07 ·cited 6×
• Arthur James "Dinkey" Brunelle v. United States
  864 F.2d 64· 8th Cir.· 1988-11-21 ·cited 6×·via Habeas Corpus Relief
  The court held that a breach of a plea agreement requires resentencing before a different judge, even if the original sentencing court stated the breach did not influence its decision.
• Smith v. Duckworth
  856 F.2d 909· 7th Cir.· 1988-09-06 ·cited 6×
  The court held that while the state court's implicit finding of a voluntary Miranda waiver is entitled to deference, a remand is necessary for an evidentiary hearing on the voluntariness of the confession itself due to insufficient record evidence.
• Collin Montgomery v. United States
  853 F.2d 83· 2d Cir.· 1988-07-28 ·cited 6×
  The court held that a guilty plea to conspiracy to distribute heroin lacked an adequate factual basis because the defendant only admitted to conspiring with government agents or informants, not with a non-government individual as required by law.
• Ciro Gargano v. United States
  852 F.2d 886· 7th Cir.· 1988-07-26 ·cited 6×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel because his counsel's advice to plead guilty was within the range of professional competence and he failed to show prejudice.
• Herring v. Dugger
  528 So. 2d 1176· Fla.· 1988-06-23 ·cited 6×
  Ted Herring petitioned for habeas corpus relief after his conviction and death sentence for first-degree murder, claiming ineffective assistance of appellate counsel in failing to raise nine issues on direct appeal. The Florida Supreme Court denied the petition, finding only two
• Jackson v. Dugger
  529 So. 2d 1081· Fla.· 1988-06-16 ·cited 6×
  Carl Jackson challenges his death sentence under Hitchcock v. Dugger, arguing the trial court erroneously instructed the jury to consider only statutorily enumerated mitigating circumstances. The Florida Supreme Court finds the Hitchcock error was harmless beyond a reasonable dou
• Scott v. Dugger
  686 F. Supp. 1488· S.D. Fla.· 1988-05-26 ·cited 6×
  The court denied the petition for writ of habeas corpus, finding no basis for federal relief and lifting the stay of execution.
• Williams v. State
  519 So. 2d 723· Fla. 5th DCA· 1988-02-04 ·cited 6×
• Campbell v. Fair
  838 F.2d 1· 1st Cir.· 1988-01-26 ·cited 6×·via Habeas Corpus Review
  The court held that the petitioners' constitutional rights were not violated by the prosecution's conduct regarding a key witness or by the sufficiency of the evidence against petitioner Doherty.