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

• Plez v. State
  635 So. 2d 1087· Fla. 3d DCA· 1994-05-10 ·cited 4×
  The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding it time-barred.
• Brown v. State
  633 So. 2d 1175· Fla. 3d DCA· 1994-03-22 ·cited 4×
  The court held that a claim for failure to enter written findings of fact before imposing adult sanctions on a minor is procedurally barred if not raised in a timely postconviction motion.
• Vanderbilt v. Collins
  994 F.2d 189· 5th Cir.· 1993-06-17 ·cited 4×·via Habeas Corpus Review
  The court held that while the Fifth and Sixth Amendment violations regarding psychiatric testimony were not harmless error, subsequent Supreme Court precedent on double jeopardy prevents barring a new sentencing hearing based on insufficient evidence from a prior trial.
• Hill v. A.L. Lockhart
  992 F.2d 801· 8th Cir.· 1993-05-05 ·cited 4×·via Federal Habeas Corpus
  The court held that an attorney appointed under 21 U.S.C. § 848(q) is not entitled to compensation for state clemency proceedings if the request is not part of a non-frivolous federal habeas corpus proceeding or if state law provides compensation for such services.
• J.W. Williams v. Collins
  989 F.2d 841· 5th Cir.· 1993-05-04 ·cited 4×·via Federal Habeas Corpus
  A defendant must make a factual showing sufficient to give the trial court reasonable ground to doubt his sanity at the time of the offense to be entitled to a court-appointed psychiatrist under Ake v. Oklahoma.
• Tizianna Ferrari v. Rubin
  616 So. 2d 611· Fla. 5th DCA· 1993-04-09 ·cited 4×
  The trial court erred in entering a judgment awarding personal property located in Italy, as it lacked personal jurisdiction over the defendant. The judgment is void.
• Hawkins v. Risley
  984 F.2d 321· 9th Cir.· 1993-01-25 ·cited 4×·via Federal Habeas Corpus
  A prior federal habeas corpus decision can have preclusive effect in a subsequent 42 U.S.C. § 1983 action.
• Muhammed Dawan v. A.L. Lockhart
  980 F.2d 470· 8th Cir.· 1992-12-02 ·cited 4×·via Habeas Corpus Relief
  The court held that the petitioner is excused from procedural defaults due to ineffective assistance of counsel, which constitutes cause and prejudice for raising his claim.
• Goldsmith v. S.R. Witkowski
  981 F.2d 697· 4th Cir.· 1992-11-24 ·cited 4×·via Habeas Corpus Review
  The court held that the evidence was constitutionally sufficient to support the petitioner's drug convictions, and the jury's consideration of stricken testimony did not violate his rights.
• Jones v. A.L. Lockhart
  977 F.2d 444· 8th Cir.· 1992-10-13 ·cited 4×·via Federal Habeas Corpus
  The court held that a claim of ineffective assistance of counsel based on incorrect parole eligibility advice is not so novel as to overcome a procedural bar, as the underlying legal principles were available.
• Freeman Brintley v. Singletary
  605 So. 2d 1303· Fla. 2d DCA· 1992-10-07 ·cited 4×
  Freeman Brintley petitioned for a writ of habeas corpus, claiming ineffective assistance of counsel on direct appeal for failing to challenge his sentencing. The court granted the petition, finding that Brintley's ten-year sentence was erroneously imposed because the trial court
• Warner v. United States
  975 F.2d 1207· 6th Cir.· 1992-09-16 ·cited 4×·via Habeas Corpus Relief
  The Sixth Circuit affirmed the district court's grant of state habeas relief, vacating the state sentence, but affirmed the denial of federal habeas relief, finding no prejudice from counsel's ineffective assistance in the federal proceedings.
• Jeffers v. Lewis
  974 F.2d 1075· 9th Cir.· 1992-08-31 ·cited 4×·via Habeas Corpus Review
  The court held that the Arizona Supreme Court erred by affirming a death sentence without adequately considering mitigating evidence or conducting a proper reweighing of factors after invalidating one aggravating circumstance.
• State v. Navarro
  603 So. 2d 136· Fla. 4th DCA· 1992-08-12 ·cited 4×
  A trial court's policy to refuse bond for defendants charged with new offenses while on pretrial release is contrary to Florida statutes and case law.
• Marczak v. Greene
  971 F.2d 510· 10th Cir.· 1992-07-23 ·cited 4×·via Habeas Corpus Review
  The court held that the District Director's denial of parole was not supported by individualized, factually based reasons, and thus constituted an abuse of discretion.
• Flowers v. Ill. Dep't of Corr.
  962 F.2d 703· 7th Cir.· 1992-05-07 ·cited 4×·via Habeas Corpus Review
  The court held that the jury instructions violated due process and were not harmless error, entitling the petitioner to habeas relief, but that the double jeopardy claim failed due to jury confusion.
• Harmon v. Ryan
  959 F.2d 1457· 9th Cir.· 1992-03-26 ·cited 4×·via Federal Habeas Corpus
  A state prisoner's failure to seek direct review in the state's highest court is excused if prior state court rulings created confusion or uncertainty about the necessity of such review, thus not barring federal habeas relief.
• Kennedy v. Delo
  959 F.2d 112· 8th Cir.· 1992-03-19 ·cited 4×
  The court held that the petitioner procedurally defaulted on most claims and that the remaining claim regarding the jury instruction did not constitute a miscarriage of justice.
• Dana v. Dep't OF Corr.
  958 F.2d 237· 8th Cir.· 1992-03-04 ·cited 4×·via Federal Habeas Corpus
  The admission of a child victim's out-of-court statements through adult witnesses did not violate the Confrontation Clause because the statements were either within a firmly rooted hearsay exception or possessed particularized guarantees of trustworthiness.
• Adamson v. Lewis
  955 F.2d 614· 9th Cir.· 1992-01-30 ·cited 4×
  The dissenting judge argues that exceptional circumstances justify recalling the court's mandate to reconsider a prior en banc decision that incorrectly vacated a death sentence.
• In the Interest of E.H.
  591 So. 2d 1097· Fla. 1st DCA· 1992-01-02 ·cited 4×
  A Florida appellate court denied a mother's motion for reconsideration and request for a belated appeal in a parental rights termination case, where the mother's appointed counsel failed to timely file the notice of appeal. The court certified two issues of great public importanc
• Bellamy v. Cogdell
  952 F.2d 626· 2d Cir.· 1991-12-18 ·cited 4×
  The per se rule for Sixth Amendment right to counsel violations does not apply when the attorney was duly licensed at the time of trial and was mentally competent, despite pending disciplinary proceedings or prior statements of incapacity.
• Wealot v. Armontrout
  948 F.2d 497· 8th Cir.· 1991-11-08 ·cited 4×·via Federal Habeas Corpus
  The court held that the limitation of cross-examination designed to show a witness's motive for fabrication violated the defendant's Sixth Amendment right of confrontation, and this violation was not harmless error.
• Mikes v. Borg
  947 F.2d 353· 9th Cir.· 1991-10-07 ·cited 4×·via Habeas Corpus Review
  The court held that fingerprint evidence alone is insufficient to support a conviction if the record does not contain evidence from which a rational factfinder could infer that the fingerprints were impressed during the commission of the crime.
• Alexander v. Whitley
  940 F.2d 946· 5th Cir.· 1991-09-09 ·cited 4×·via Habeas Corpus Relief
  The court held that the district court should first consider whether the petitioner's habeas petition constitutes an abuse of the writ under Rule 9(b), in light of the intervening Supreme Court decision in McCleskey v. Zant.
• Williams v. Whitley
  940 F.2d 132· 5th Cir.· 1991-08-30 ·cited 4×·via Habeas Corpus Relief
  The court held that the petitioner was entitled to an evidentiary hearing to develop facts regarding a police report containing impeachment evidence and his trial counsel's knowledge of it.
• Cortinas v. United States Parole Comm'n
  938 F.2d 43· 5th Cir.· 1991-08-09 ·cited 4×·via Habeas Corpus Relief
  The court held that the Parole Commission had the authority to revoke parole and forfeit street time, and that Cortinas's claims of unreasonable delay, ex post facto violation, and double jeopardy were without merit.
• Camillo v. Armontrout
  938 F.2d 879· 8th Cir.· 1991-07-10 ·cited 4×·via Habeas Corpus Relief
  The court held that a defendant has a due process right to be present at proceedings determining persistent offender status, and the failure to provide notice or opportunity to be present violates this right.
• Spaziano v. Dugger
  584 So. 2d 1· Fla.· 1991-07-03 ·cited 4×·via Habeas Corpus Relief
  Joseph Robert Spaziano petitions for habeas corpus relief, arguing that the U.S. Supreme Court's decision in Parker v. Dugger requires the Florida Supreme Court to reconsider his death sentence, which was imposed by the trial judge despite a jury recommendation for life imprisonm
• Jewell Scott v. State OF La. & Bruce Lynn
  934 F.2d 631· 5th Cir.· 1991-06-27 ·cited 4×·via Habeas Corpus Relief
  The court held that the jury instruction error for attempted murder was harmless regarding the concurrent sentences but modified the dismissal to be without prejudice due to potential future collateral consequences.
• Gonzalez v. Sullivan
  934 F.2d 419· 2d Cir.· 1991-05-28 ·cited 4×·via Habeas Corpus Review
  A state court must be given fair warning of the federal nature of a petitioner's claim before it can be considered exhausted, and procedural defaults in state court bar federal habeas review unless cause and prejudice are shown.
• Asherman v. Meachum
  932 F.2d 137· 2d Cir.· 1991-05-01 ·cited 4×
  The court held that the Commissioner violated Asherman's Fifth Amendment privilege against self-incrimination by revoking his supervised home release status solely because he invoked the privilege and refused to participate in a psychiatric evaluation concerning his conviction.
• Dendalee McBEE v. Abramajtys
  929 F.2d 264· 6th Cir.· 1991-04-04 ·cited 4×·via Habeas Corpus Review
  The court held that the last state court judgment clearly and expressly rested upon a procedural ground, affirming the denial of the habeas petition.
• Hughes Anderson Bagley, Jr. v. CMC Real Est. Corp.
  923 F.2d 758· 9th Cir.· 1991-01-22 ·cited 4×·via Habeas Corpus Proceedings
  The court held that Bagley's civil rights claims accrued when he first learned of the injury, not upon the completion of his habeas corpus proceedings, and that his § 1985(2) claim failed for lack of class-based animus.
• Goodwin v. State OF Okla.
  923 F.2d 156· 10th Cir.· 1991-01-16 ·cited 4×·via Federal Habeas Corpus
  The court held that a petitioner is excused from exhausting state remedies if the state's highest court has already addressed and resolved the precise legal issue adversely to the petitioner.
• Blaine Eugene Johnson v. Armontrout
  923 F.2d 107· 8th Cir.· 1991-01-10 ·cited 4×·via Federal Habeas Corpus
  The court held that the appellant's Batson claim is procedurally barred due to failure to raise it on direct appeal, and his ineffective assistance of counsel claim is unpersuasive.
• Edgemon v. A.L. Lockhart
  924 F.2d 126· 8th Cir.· 1990-12-21 ·cited 4×·via Federal Habeas Corpus
  The court held that the petitioner failed to provide a sufficient legal reason for not raising his current claims in his second federal habeas petition, thus barring their consideration.
• Pinkney v. Keane
  920 F.2d 1090· 2d Cir.· 1990-12-07 ·cited 4×·via Habeas Corpus Review
  A federal court in a habeas corpus proceeding may reexamine a state appellate court's suppression ruling if it appears erroneous, even if the state ruling favored the petitioner. The court found the search of the petitioner's car was constitutional.
• P.H. v. Fryer
  570 So. 2d 1096· Fla. 4th DCA· 1990-12-05 ·cited 4×
  A juvenile detained for aggravated assault challenged his continued detention beyond the statutory 21-day maximum period. The court granted habeas corpus relief, holding that the state failed to establish adequate grounds under Florida law for extending detention, and that prior
• Buddy Nichols v. Mac Sim Butler
  917 F.2d 518· 11th Cir.· 1990-11-20 ·cited 4×·via Habeas Corpus Relief
  The court affirmed the district court's grant of habeas corpus relief, holding that the petitioner's fundamental right to testify was violated when his counsel threatened to withdraw if he insisted on testifying.
• Harper v. Kelly
  916 F.2d 54· 2d Cir.· 1990-10-10 ·cited 4×·via Habeas Corpus Review
  The court held that the trial court's restriction of cross-examination into the victim's emotional state during the robbery violated the defendant's Sixth Amendment right to confront witnesses, and this error was not harmless.
• Rainer v. Dep't OF Corr.
  914 F.2d 1067· 8th Cir.· 1990-09-19 ·cited 4×
  The court held that the admission of prior bad acts evidence and the state investigator's involvement in defense expert testing did not violate the defendant's constitutional rights.
• Micheaux v. Collins
  911 F.2d 1083· 5th Cir.· 1990-09-17 ·cited 4×·via Habeas Corpus Review
  The court held that a state court's finding that a petitioner would not have pleaded guilty if properly admonished is a factual finding entitled to a presumption of correctness under 28 U.S.C. § 2254(d), and that a federal court cannot disregard such findings by labeling them mix
• Grune v. Coughlin
  913 F.2d 41· 2d Cir.· 1990-08-29 ·cited 4×
  The order denying bail pending a habeas corpus determination is not an appealable interlocutory order under the collateral order doctrine.
• Noriega-Sandoval v. U.S. Immigr. & Naturalization Serv.
  911 F.2d 258· 9th Cir.· 1990-08-13 ·cited 4×·via Habeas Corpus Relief
  The court held that it lacks jurisdiction to review the denial of an application for adjustment of status to temporary resident under IRCA, except in the context of reviewing an order of deportation.
• Walker v. B.D. Goldsmith
  902 F.2d 16· 9th Cir.· 1990-05-02 ·cited 4×·via Habeas Corpus Relief
  The court held that surnames beginning with W through Z do not constitute a cognizable and distinctive class for jury selection purposes.
• Jones v. Meyer
  899 F.2d 883· 9th Cir.· 1990-04-11 ·cited 4×·via Habeas Corpus Review
  The court held that shackling a defendant during trial, when justified by security concerns and less restrictive alternatives were considered, does not violate the due process clause or the presumption of innocence.
• Hawkins v. Higgins
  898 F.2d 1365· 8th Cir.· 1990-03-26 ·cited 4×·via Federal Habeas Corpus
  The court held that state remedies were futile and therefore exhausted, allowing federal habeas corpus review.
• Navarre v. State
  556 So. 2d 1192· Fla. 1st DCA· 1990-02-08 ·cited 4×
  A petition for writ of habeas corpus is an authorized means for seeking a belated appeal, and this procedural avenue has not been supplanted by Rule 3.850.
• Bagby v. Sowders
  894 F.2d 792· 6th Cir.· 1990-01-17 ·cited 4×·via Habeas Corpus Review
  The court held that the evidence did not warrant an instruction on the lesser included offense of sexual abuse in the first degree.