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

• Cooper v. Sowders
  837 F.2d 284· 6th Cir.· 1988-01-21 ·cited 6×
  The court held that the cumulative effect of trial errors, including improper expert testimony, bolstering of an informant's credibility, and judicial comments, rendered the petitioner's trial fundamentally unfair and a violation of due process.
• Quigley v. Vose
  834 F.2d 14· 1st Cir.· 1987-11-25 ·cited 6×·via Habeas Corpus Review
  A Sandstrom-type defect in jury instructions does not automatically require reversal and must be analyzed under the harmless error standard.
• United States v. Lane
  834 F.2d 645· 7th Cir.· 1987-11-24 ·cited 6×·via Habeas Corpus Relief
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or other constitutional violations, and therefore, the denial of his habeas corpus petition was affirmed.
• Wells v. Murray
  831 F.2d 468· 4th Cir.· 1987-10-13 ·cited 6×·via Federal Habeas Corpus
  The court held that a "reasonable likelihood" of prejudice, not a "strong possibility," is the standard for determining if a defendant is entitled to voir dire when events outside the trial may have biased the jury.
• McCORQUODALE v. Kemp
  832 F.2d 543· 11th Cir.· 1987-09-08 ·cited 6×·via Federal Habeas Corpus
  The district court did not err in dismissing the jury instruction claim as an abuse of the writ, and therefore the judgment denying relief is affirmed.
• Ezra Davis, Jr. v. Butler
  825 F.2d 892· 5th Cir.· 1987-08-27 ·cited 6×·via Federal Habeas Corpus
  A guilty plea may be involuntary if based on a broken promise of a pardon by counsel, and specific allegations of such a promise warrant an evidentiary hearing. However, claims that the plea was involuntary due to lack of understanding of the charges are refuted by the record.
• Sterling Rault, Sr. v. Butler
  826 F.2d 299· 5th Cir.· 1987-08-19 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right, and therefore denied his application for a certificate of probable cause and stay of execution.
• Landry v. Judge J. Robert Hoepfner and William Guste, Jr.
  818 F.2d 1169· 5th Cir.· 1987-06-03 ·cited 6×·via Habeas Corpus Review
  The Sixth Amendment does not require a jury trial for Driving While Intoxicated (DWI) offenses if the maximum possible punishment does not exceed that for petty offenses.
• United States ex rel. John Shiflet v. Lane
  815 F.2d 457· 7th Cir.· 1987-03-25 ·cited 6×
  The court held that federal habeas review of the Fourth Amendment claim was precluded by Stone v. Powell, and the Sixth Amendment right to counsel had not attached at the time of the investigator's disclosure.
• United States v. O'Grady
  812 F.2d 347· 7th Cir.· 1987-02-20 ·cited 6×·via Habeas Corpus Review
  The court affirmed the district court's decision, finding the state court's bail determination was not arbitrary and thus not a violation of the Eighth Amendment.
• McCULLUM v. State
  498 So. 2d 1374· Fla. 3d DCA· 1986-12-23 ·cited 6×
  Roy McCullum was convicted of conspiracy to commit armed robbery and robbery without a firearm, and sentenced to two concurrent 15-year terms—a substantial departure from the sentencing guidelines' recommended 3.5 to 4.5 years. The court vacated the sentence and remanded for rese
• Wilkerson v. Wyrick
  806 F.2d 161· 8th Cir.· 1986-11-24 ·cited 6×·via Federal Habeas Corpus
  The court held that the defendant had sufficient notice that he could be convicted of second-degree murder, even though he was charged with first-degree murder, due to Missouri's statutory scheme and case law.
• Borden v. Meese
  803 F.2d 1530· 11th Cir.· 1986-11-12 ·cited 6×·via Habeas Corpus Relief
  The court held that the Board of Immigration Appeals' conclusion that the INS had not abandoned its administrative appeal was reasonable, and thus the district court erred in granting habeas corpus relief.
• Liles v. Reagan
  804 F.2d 493· 8th Cir.· 1986-11-04 ·cited 6×·via Federal Habeas Corpus
  A state court judge is entitled to absolute immunity from civil damages actions for judicial acts performed within their jurisdiction, even if those acts are later found to be erroneous or in excess of jurisdiction.
• Hardwick v. Louie L. Wainwright
  496 So. 2d 796· Fla.· 1986-09-22 ·cited 6×
  The court denied the petition for a writ of habeas corpus and stay of execution, finding no ineffective assistance of appellate counsel and that the claim regarding arbitrary application of the death penalty was procedurally barred.
• Hickey v. Baxter
  800 F.2d 430· 4th Cir.· 1986-09-15 ·cited 6×
  The court held that the Parental Kidnapping Prevention Act (PKPA) allows federal courts to enforce one of two conflicting state custody orders, and the traditional domestic relations exception does not apply to such actions.
• Elliott Rod Johnson v. O.L. McCOTTER
  794 F.2d 1011· 5th Cir.· 1986-07-18 ·cited 6×·via Federal Habeas Corpus
  The court granted a certificate of probable cause and a stay of execution, finding that a jury instruction issue presented a debatable question among jurists of reason.
• Algar Ferguson v. Judge James A. Knight
  792 F.2d 581· 6th Cir.· 1986-06-11 ·cited 6×·via Habeas Corpus Review
  The court held that the use of a prior conviction to prove intent to sell in a second offense trafficking charge, without a limiting instruction, did not violate the Constitution under the Jackson v. Virginia standard.
• Rodriguez v. Scully
  788 F.2d 62· 2d Cir.· 1986-04-09 ·cited 6×
  The court affirmed the denial of the habeas corpus petition, but held that the district court should not have reached the merits due to procedural default.
• Jones v. Richards
  776 F.2d 1244· 4th Cir.· 1985-11-12 ·cited 6×
  The court held that the use of private attorneys to assist in a criminal prosecution, even while representing civil plaintiffs against the defendant, did not violate the defendant's constitutional right to an impartial prosecutor under the facts presented.
• Delgado-Carrera v. United States Immigr. & Naturalization Serv.
  773 F.2d 629· 5th Cir.· 1985-10-11 ·cited 6×·via Habeas Corpus Review
  The court held that it lacked jurisdiction to directly review an exclusion order, and any challenges to the exclusion proceeding must be brought via a habeas corpus petition to the district court.
• Barney Earl Crutchfield v. Louie L. Wainwright
  772 F.2d 839· 11th Cir.· 1985-10-03 ·cited 6×
  The court held that the district court applied an improper legal standard by presuming prejudice from the denial of access to counsel during a brief recess, and that prejudice must be shown.
• Kuntzelman v. Black
  774 F.2d 291· 8th Cir.· 1985-10-01 ·cited 6×·via Habeas Corpus Review
  The admission of allegedly inflammatory photographs at trial was not so prejudicial as to deny the defendant due process and a fair trial.
• Bryant v. Louie L. Wainwright
  773 F.2d 276· 11th Cir.· 1985-09-16 ·cited 6×
• Duffy v. Foltz
  772 F.2d 1271· 6th Cir.· 1985-09-13 ·cited 6×·via Habeas Corpus Relief
  The majority's holding that the prosecution must disprove the affirmative defense of insanity as a matter of constitutional law is inconsistent with Supreme Court precedent.
• Hagler v. Callahan
  764 F.2d 711· 9th Cir.· 1985-06-28 ·cited 6×·via Habeas Corpus Review
  The court held that a jury instruction violating due process by relieving the state of its burden of proof on intent is not harmless error if intent was a disputed issue at trial.
• Doyle J. Williams v. Wyrick
  763 F.2d 363· 8th Cir.· 1985-06-06 ·cited 6×·via Federal Habeas Corpus
  The court held that motions to recall the mandate are not an adequate or appropriate means of exhausting state remedies for all claims in a federal habeas petition.
• Songer v. Louie L. Wainwright
  756 F.2d 800· 11th Cir.· 1985-02-05 ·cited 6×·via Federal Habeas Corpus
  A stay of execution is granted pending further court orders.
• Songer v. Louie L. Wainwright
  756 F.2d 799· 11th Cir.· 1985-02-05 ·cited 6×·via Habeas Corpus Relief
• Ruiz v. A.L. Lockhart
  754 F.2d 254· 8th Cir.· 1985-01-31 ·cited 6×·via Federal Habeas Corpus
  The court held that the appellants' argument regarding a death-qualified jury was preserved on the merits by the Arkansas Supreme Court, thus bypassing the need to show cause and prejudice for federal habeas review.
• Eutues White v. Finkbeiner
  753 F.2d 540· 7th Cir.· 1985-01-15 ·cited 6×·via Habeas Corpus Relief
  The government waived its right to contest the retroactive application of the Edwards rule by failing to raise the issue in prior proceedings.
• Sadler v. Sheriff, Sullivan, Joseph A., Philadelphia Cnty., Patton, Ernest S., Superintendent State Corr. Inst. at Camp Hill & the Attorney Gen. of the State of Pa.
  748 F.2d 820· 3d Cir.· 1984-11-20 ·cited 6×·via Habeas Corpus Relief
  The Equal Protection Clause does not require Pennsylvania to apply its 180-day prompt trial rule from the date of a juvenile petition filing to a juvenile certified for adult trial.
• Peek v. Kemp
  746 F.2d 672· 11th Cir.· 1984-10-26 ·cited 6×·via Federal Habeas Corpus
• Powell v. Wyrick
  744 F.2d 632· 8th Cir.· 1984-09-26 ·cited 6×·via Habeas Corpus Relief
  The court held that the petitioner knowingly and intelligently waived his right to counsel, and there was no constitutional infirmity in his conviction.
• Pringle v. Court OF Common Pleas
  744 F.2d 297· 3d Cir.· 1984-07-05 ·cited 6×·via Habeas Corpus Relief
  A federal court has jurisdiction to hear a habeas corpus petition challenging a state statute's constitutionality if the petitioner was in custody when the petition was filed, even if a state sentence appeal might later result in a non-custodial sentence.
• Wilson v. Mintzes
  733 F.2d 424· 6th Cir.· 1984-05-04 ·cited 6×·via Habeas Corpus Review
  The trial court's denial of the defendant's request for substitute counsel, made due to an irreconcilable conflict and ineffective representation, deprived the defendant of his Sixth Amendment right to effective assistance of counsel.
• Enos Jay Gardner v. Pitchess
  731 F.2d 637· 9th Cir.· 1984-04-20 ·cited 6×
  The court held that while the grant of a writ of habeas corpus was appropriate due to ineffective counsel, the order to dismiss all state charges was overly broad and should be modified.
• Gregory v. Wyrick
  730 F.2d 542· 8th Cir.· 1984-03-26 ·cited 6×·via Federal Habeas Corpus
• Paulson v. Black
  728 F.2d 1164· 8th Cir.· 1984-03-07 ·cited 6×
  A guilty plea is valid if the defendant understands the nature of the charge, even if they do not admit guilt, and the trial court adequately informed them of the charge and its consequences.
• Rodriguez v. McKASKLE
  724 F.2d 463· 5th Cir.· 1984-02-06 ·cited 6×·via Federal Habeas Corpus
  A federal court must dismiss a habeas corpus petition if the petitioner has not exhausted all available state remedies, even if an evidentiary hearing has been held in federal court and the merits of the petition have been briefed.
• Rosetta McKINZY v. Louie L. Wainwright
  719 F.2d 1525· 11th Cir.· 1983-11-21 ·cited 6×·via Habeas Corpus Relief
  The Sixth Amendment right to confrontation requires allowing cross-examination of a juvenile witness regarding their record if it could show bias, overriding state laws protecting juvenile record confidentiality.
• Williams v. King
  719 F.2d 730· 5th Cir.· 1983-10-23 ·cited 6×·via Federal Habeas Corpus
  The court granted a certificate of probable cause and a stay of execution pending further review, but affirmed the district court's denial of habeas corpus relief on all claims.
• Browne v. W.J. Estelle, Jr.
  712 F.2d 1003· 5th Cir.· 1983-08-26 ·cited 6×·via Federal Habeas Corpus
  The court held that improperly sentencing a defendant under a mandatory statute, thereby depriving him of the discretion afforded by state law, violates due process and is cognizable in federal habeas corpus.
• Terry v. Duckworth
  715 F.2d 1217· 7th Cir.· 1983-08-25 ·cited 6×·via Habeas Corpus Review
  The court held that the petitioner's thirty-two month delay between charge and arrest did not violate his Sixth Amendment right to a speedy trial.
• Williams v. Louie L. Wainwright
  712 F.2d 1375· 11th Cir.· 1983-08-22 ·cited 6×·via Federal Habeas Corpus
  A state court's refusal to allow a defendant to present an insanity defense, due to a lack of substantial evidence, does not violate the Sixth and Fourteenth Amendments, even if defense counsel concedes the defendant cannot meet the legal standard.
• Prado McGEE, Jr. v. W.J. Estelle, Jr.
  704 F.2d 764· 5th Cir.· 1983-05-09 ·cited 6×·via Federal Habeas Corpus
• Wassall v. Honorable Judge J. Brendon Ryan
  705 F.2d 970· 8th Cir.· 1983-02-28 ·cited 6×
  Reprosecution is not barred by the Double Jeopardy Clause when the prosecutor's conduct, even if leading to a mistrial, was not intended to provoke the defendant into moving for a mistrial.
• Hammer v. Meachum
  691 F.2d 958· 10th Cir.· 1982-10-27 ·cited 6×·via Federal Habeas Corpus
  A state prisoner's knowing and informed bypass of state procedures, including failure to appeal, precludes federal habeas corpus relief.
• Wilson v. Eastmoore
  419 So. 2d 673· Fla. 5th DCA· 1982-08-18 ·cited 6×
  Florida's Fifth District Court of Appeal denied a writ of prohibition challenging a federal district court's order requiring retrial of a defendant convicted of assault on a law enforcement officer. Although the state court disagreed with the federal court's reversal of its own p
• Logan v. Marshall
  680 F.2d 1121· 6th Cir.· 1982-06-18 ·cited 6×·via Federal Habeas Corpus
  The court held that the state trial court's evidentiary ruling excluding evidence of the victim's gonorrhea did not violate the defendant's constitutional rights and was not grounds for federal habeas corpus relief.