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

• Jackson v. Estelle
  672 F.2d 505· 5th Cir.· 1982-04-08 ·cited 6×·via Habeas Corpus Relief
  The court held that the state appellate court's finding of no prejudice from the denial of a mistrial transcript was presumed correct under 28 U.S.C. § 2254(d), and the appellant failed to overcome this presumption.
• Smith v. Maggio
  664 F.2d 109· 5th Cir.· 1981-12-18 ·cited 6×·via Habeas Corpus Review
  Federal habeas corpus relief cannot be granted on Fourth Amendment grounds if the state provided a full and fair opportunity to litigate the claim.
• Otha Lee Conley v. Off. of the Pub. Def.
  653 F.2d 1241· 8th Cir.· 1981-07-21 ·cited 6×·via Habeas Corpus Proceedings
  Witnesses are absolutely immune from civil rights actions under 42 U.S.C. § 1983 for testimony given in judicial proceedings.
• Hubbard v. Jeffes
  653 F.2d 99· 3d Cir.· 1981-07-07 ·cited 6×·via Federal Habeas Corpus
• Caldwell v. United States
  651 F.2d 429· 6th Cir.· 1981-06-16 ·cited 6×·via Habeas Corpus Relief
  The court held that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated, and due process claims not raised below are not properly before the court.
• Keating v. State OF Mo.
  643 F.2d 1315· 8th Cir.· 1981-03-10 ·cited 6×·via Habeas Corpus Relief
  The court held that while a deal between the prosecution and a key witness should have been disclosed, its suppression did not affect the outcome of the trial given the strength of the state's case and the defense's effective impeachment of the witness.
• Navedo v. Preisser
  630 F.2d 636· 8th Cir.· 1980-09-22 ·cited 6×
  The court held that the Iowa statute's gender-based classification, which punished males over twenty-five for sexual intercourse with a sixteen-year-old female but not females over twenty-five for intercourse with a sixteen-year-old male, violated the Equal Protection Clause beca
• United States v. Scott
  625 F.2d 623· 5th Cir.· 1980-09-10 ·cited 6×
  A defendant seeking to vacate a guilty plea based on misinformation about the maximum sentence must show prejudice, meaning they would not have pled guilty had they been properly informed.
• Hancock v. State
  386 So. 2d 613· Fla. 5th DCA· 1980-08-06 ·cited 6×
  The court held that a petitioner is entitled to bail pending sentencing and appeal if not yet adjudicated guilty, even after a guilty verdict, as the constitutional right to bail continues until adjudication.
• Brown v. Louie L. Wainwright
  383 So. 2d 754· Fla. 4th DCA· 1980-05-14 ·cited 6×
  The appellate court affirmed the trial court's denial of a habeas corpus petition, agreeing that the trial court lacked the authority to grant the requested relief.
• Jerry v. Louie L. Wainwright
  383 So. 2d 1110· Fla. 1st DCA· 1980-05-13 ·cited 6×
  The court held that the department failed to comply with its rules by not advising the inmate of his right to call witnesses.
• Palmigiano v. Houle
  618 F.2d 877· 1st Cir.· 1980-04-08 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner was afforded a full and fair opportunity to litigate his Fourth Amendment claims in state court, despite a misallocation of the burden of proof, and thus federal habeas corpus relief was barred.
• Cerbo v. Fauver
  616 F.2d 714· 3d Cir.· 1980-03-13 ·cited 6×·via Habeas Corpus Relief
  The court held that appellate counsel's tactical decision not to raise a tape sealing defense, based on then-existing adverse case law, did not constitute ineffective assistance of counsel under the Sixth Amendment, and an evidentiary hearing was not required.
• Lane v. Hanberry
  601 F.2d 805· 5th Cir.· 1979-08-29 ·cited 6×·via Habeas Corpus Relief
  A federal prisoner seeking post-conviction relief must file a motion under 28 U.S.C. § 2255 in the sentencing court, and may only seek habeas corpus relief under 28 U.S.C. § 2241 if the § 2255 remedy is inadequate or ineffective.
• United States v. Rodger Phillip Missio
  597 F.2d 60· 5th Cir.· 1979-06-13 ·cited 6×·via Habeas Corpus Relief
  The court held that a hearing was not required because the sentencing judge explicitly stated that the allegedly unconstitutional prior convictions played no part in determining the sentence.
• Thompson v. White
  591 F.2d 441· 8th Cir.· 1979-01-23 ·cited 6×·via Federal Habeas Corpus
  The court held that while the jury selection claim was properly dismissed for failure to exhaust state remedies, other claims should be remanded for further proceedings on the merits after state courts began addressing them.
• Humphries v. Louie L. Wainwright
  584 F.2d 702· 5th Cir.· 1978-11-20 ·cited 6×
  The court held that the collateral estoppel aspect of double jeopardy barred the state from presenting evidence of intoxication in a retrial for vehicular manslaughter by culpable negligence, following a nolle prosequi on a DWI charge after jeopardy attached.
• Springer v. Collins
  586 F.2d 329· 4th Cir.· 1978-11-17 ·cited 6×·via Habeas Corpus Relief
  The Fourth Circuit held that the trial counsel's failure to investigate an insanity defense did not constitute ineffective assistance of counsel, and that the defendant's post-conviction psychiatric diagnosis was insufficient to establish a valid insanity defense under Maryland l
• McDANIEL v. State OF Okla.
  582 F.2d 1242· 10th Cir.· 1978-08-25 ·cited 6×·via Habeas Corpus Relief
  Federal habeas corpus relief is not available for a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim, even if the state court found the admission of evidence to be harmless error.
• DiPAOLA v. Riddle
  581 F.2d 1111· 4th Cir.· 1978-08-21 ·cited 6×·via Federal Habeas Corpus
  The Fourth Circuit held that the defendant had an opportunity to litigate his 'no knock' entry claim in state court, foreclosing federal habeas corpus review under Stone v. Powell.
• Bretti v. Louie L. Wainwright
  360 So. 2d 1299· Fla. 1st DCA· 1978-07-20 ·cited 6×
  The Division of Corrections cannot forfeit a prisoner's gain time without notice or hearing if an escape charge is nolle prossed.
• Williams v. McKENZIE
  576 F.2d 566· 4th Cir.· 1978-05-03 ·cited 6×
  The court held that the photographic identification was not unduly suggestive, reversing the grant of habeas corpus on that ground, but remanded for reconsideration of exhaustion of state remedies regarding exculpatory evidence.
• United States v. Maggard
  573 F.2d 926· 6th Cir.· 1978-04-17 ·cited 6×·via Federal Habeas Corpus
  A federal court need not retry the constitutional validity of a prior state felony conviction in a prosecution for possession of a firearm by a convicted felon, absent facial invalidity.
• Lemire v. McCARTHY
  570 F.2d 17· 1st Cir.· 1978-02-02 ·cited 6×
  The court held that the petitioner's constitutional rights were not violated by the state trial court's rulings regarding his testimony and the admissibility of evidence concerning the prosecutrix's sexual history. The court also found no due process violation regarding suppresse
• Jones v. State OF Wis.
  562 F.2d 440· 7th Cir.· 1977-09-20 ·cited 6×
  A guilty plea entered under Wisconsin statute § 971.31(10) must be vacated if the trial court failed to suppress inadmissible evidence, even if some other evidence remains admissible.
• Jordan v. Estelle
  551 F.2d 612· 5th Cir.· 1977-04-27 ·cited 6×·via Federal Habeas Corpus
  The Supreme Court's decision in Stone v. Powell, which limits federal habeas review of Fourth Amendment claims when a state has provided a full and fair opportunity to litigate, applies retroactively and bars federal habeas relief in this case.
• Morgan v. Al Cook
  344 So. 2d 577· Fla.· 1977-03-31 ·cited 6×
  The court held that Section 944.28(1), Florida Statutes (1973), is constitutional. The denial of the petition for a writ of habeas corpus is affirmed.
• Ferrara v. United States
  547 F.2d 861· 5th Cir.· 1977-02-15 ·cited 6×·via Habeas Corpus Proceedings
  A district court cannot grant relief under 28 U.S.C. § 2255 without a hearing unless the motion and case records conclusively show the prisoner is entitled to no relief.
• Loter v. Estelle
  546 F.2d 151· 5th Cir.· 1977-01-28 ·cited 6×
  The court held that a state prisoner is not denied his constitutional right to appeal when his court-appointed attorneys fail to perfect an appeal if the prisoner did not make known his desire to appeal.
• Ball v. Wyrick
  547 F.2d 78· 8th Cir.· 1977-01-04 ·cited 6×·via Federal Habeas Corpus
  The court held that alleged evidentiary errors and prosecutorial remarks did not rise to the level of constitutional violations or a denial of due process, and were therefore harmless.
• James E. Appelwick, M.D. v. Hoffman
  540 F.2d 404· 8th Cir.· 1976-08-20 ·cited 6×·via Habeas Corpus Relief
  The court held that the Army's denial of a community hardship exemption was a reasonable interpretation of its regulations and not arbitrary or unconstitutional, thus affirming the denial of habeas corpus relief.
• Shaffer v. Hon. James R. Schlesinger
  531 F.2d 124· 3d Cir.· 1976-02-03 ·cited 6×
  The court held that the Army Conscientious Objector Review Board's finding of insincerity lacked a basis in fact, as the cited reasons were insufficient to support the conclusion.
• Curry v. Estelle
  524 F.2d 981· 5th Cir.· 1975-12-17 ·cited 6×·via Habeas Corpus Relief
  The court held that a governor's commutation of a death sentence, even after it was vacated, does not violate constitutional rights and that a conviction based on a grand jury systematically excluding a class of citizens is subject to attack without showing prejudice.
• Thomas v. Parett
  524 F.2d 779· 8th Cir.· 1975-09-09 ·cited 6×·via Habeas Corpus Relief
  The court held that the warrantless search of the apartment was justified by exigent circumstances, as the police reasonably believed evidence was about to be destroyed or removed.
• ROY v. Hall
  521 F.2d 120· 1st Cir.· 1975-08-11 ·cited 6×·via Federal Habeas Corpus
  The court held that the state appellate court erred in applying the harmless error doctrine to the admission of the second statement, as it could not be deemed harmless beyond a reasonable doubt. However, the court also found that the second statement was not improperly admitted
• Lea Spears v. Cir. Court
  517 F.2d 360· 5th Cir.· 1975-08-11 ·cited 6×
  The court held that the appellant's Sixth Amendment right to confrontation was not violated by the admission of certain hearsay evidence, and that her other claims regarding the constitutionality of the abortion statute and due process were without merit.
• Haggard v. State OF Ala.
  494 F.2d 1187· 5th Cir.· 1974-06-03 ·cited 6×·via Federal Habeas Corpus
  The court held that the appellant's pro se habeas corpus petitions were too unintelligible to decide on the merits, requiring remand for clarification and appointment of counsel.
• Baker v. United States
  494 F.2d 508· 5th Cir.· 1974-05-20 ·cited 6×·via Habeas Corpus Relief
  The court held that a sentence enhancement based on a prior conviction obtained without counsel is improper and requires resentencing.
• Favis Clay Martin v. Estelle
  492 F.2d 1120· 5th Cir.· 1974-04-19 ·cited 6×·via Federal Habeas Corpus
  The court held that the denial of an appeal from a preliminary competency trial does not violate constitutional rights, as Texas law does not provide such an appeal and all similarly situated defendants are treated alike.
• Ferrand v. Seamans
  488 F.2d 1386· 2d Cir.· 1973-12-13 ·cited 6×
  The court held that the Air Force's denial of conscientious objector status lacked a basis in fact, as the evidence overwhelmingly supported the petitioner's sincerity and the reasons for denial were legally insufficient.
• Thomas v. Estelle
  486 F.2d 224· 5th Cir.· 1973-10-25 ·cited 6×·via Federal Habeas Corpus
  The court affirmed the denial of federal habeas relief to the state prisoner applicant.
• United States ex rel. John Smith v. Twomey
  486 F.2d 736· 7th Cir.· 1973-09-18 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner failed to allege a constitutional violation regarding delays in his state appellate process, and thus, federal intervention was not warranted.
• Trimble v. Stynchcombe
  481 F.2d 1175· 5th Cir.· 1973-07-31 ·cited 6×
  The court held that an erroneous jury instruction shifting the burden of proof on alibi is not harmless error beyond a reasonable doubt.
• Torres v. State
  477 F.2d 555· 5th Cir.· 1973-05-07 ·cited 6×·via Habeas Corpus Relief
  The court held that the petitioner's constitutional right to a speedy trial was not denied despite a seventeen-month delay between arrest and trial.
• Broxson v. Louie L. Wainwright
  271 So. 2d 478· Fla. 1st DCA· 1973-01-10 ·cited 6×
  The court held that the doctrine of laches applies to preclude a belated appeal in this habeas corpus proceeding.
• Geboy v. Gray
  471 F.2d 575· 7th Cir.· 1973-01-05 ·cited 6×·via Habeas Corpus Relief
  The court held that the combined effect of belated counsel appointment and inadequate representation at a juvenile waiver hearing raises a question of fact as to whether the juvenile and his parents knowingly and intelligently waived procedural defects and juvenile court jurisdic
• Ignatius J. Broussard, Jr. v. Patton
  466 F.2d 816· 9th Cir.· 1972-09-21 ·cited 6×·via Habeas Corpus Review
• Perez v. Turner
  462 F.2d 1056· 10th Cir.· 1972-07-17 ·cited 6×
  The court held that the inmate's confinement in prison, despite sexual assaults, did not constitute cruel and unusual punishment violating the Eighth Amendment, and thus habeas corpus relief was not warranted.
• Taylor v. Elliott
  458 F.2d 979· 5th Cir.· 1972-04-14 ·cited 6×
• Wilburn v. Warden L. S. Nelson
  458 F.2d 502· 9th Cir.· 1972-03-02 ·cited 6×
  Assistance of counsel is not an essential element of due process in all parole revocation hearings.