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

• Major Melvin Johnson v. R.M. Muncy
  830 F.2d 508· 4th Cir.· 1987-09-22 ·cited 2×·via Federal Habeas Corpus
  The court held that the Virginia Supreme Court's shift in procedural rules regarding habeas corpus review, as established in Slayton v. Parrigan, does not bar the petitioner from seeking federal habeas corpus relief in this case. However, the case is remanded for a harmless error
• Dremann v. Francis
  828 F.2d 6· 9th Cir.· 1987-09-18 ·cited 2×·via Federal Habeas Corpus
  A state court sentence originally requiring only a fine, even if the individual refuses to pay and faces potential incarceration, does not meet the 'in custody' requirement for federal habeas corpus relief under 28 U.S.C. § 2254.
• Breeze v. Trickey
  824 F.2d 653· 8th Cir.· 1987-07-27 ·cited 2×
  The court held that challenging an Indiana sentence in Missouri courts does not satisfy the exhaustion of state remedies requirement for federal habeas corpus petitions.
• Evans v. Cabana
  821 F.2d 1065· 5th Cir.· 1987-07-06 ·cited 2×·via Federal Habeas Corpus
  The court denied the application for a certificate of probable cause and a stay of execution, finding no substantial showing of the denial of a federal right.
• Mitchell v. State OF Idaho
  814 F.2d 1404· 9th Cir.· 1987-04-16 ·cited 2×
  The court held that the appeal was timely because the district court failed to enter a separate judgment as required by Fed.R.Civ.P. 58.
• Cikora v. Wainwright
  661 F. Supp. 813· S.D. Fla.· 1987-04-07 ·cited 2×·via Habeas Corpus Review
  The Court held that the photographic lineup was not impermissibly suggestive and the identification was reliable under the totality of the circumstances, thus denying the petition for a writ of habeas corpus.
• Algar Ferguson v. Judge James A. Knight
  809 F.2d 1239· 6th Cir.· 1987-01-27 ·cited 2×·via Federal Habeas Corpus
  The court should not affirm the judgment because the majority improperly considered a prior conviction as evidence of guilt, which was not presented to or relied upon by state courts.
• Sinclair LEE v. Probate Court OF Davidson Cnty.
  807 F.2d 512· 6th Cir.· 1986-12-23 ·cited 2×·via Habeas Corpus Relief
  The court held that the state's prosecution of the petitioner for marijuana possession did not violate the double jeopardy clause, as the offenses of possessing marijuana and possessing paraphernalia were separate and distinct.
• Walker v. A.L. Lockhart
  807 F.2d 136· 8th Cir.· 1986-12-16 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's counsel provided ineffective assistance by failing to secure a material witness and failing to investigate, which prejudiced the petitioner's defense.
• Ramón Sanchez v. Meese
  807 F.2d 601· 7th Cir.· 1986-12-05 ·cited 2×
  A defendant is not entitled to credit for time served under a civil contempt sentence against a subsequent criminal contempt sentence, as the civil confinement is coercive, not punitive.
• In re Ali Reza Ghalamsiah. Appeal of Dist. Dir.
  806 F.2d 68· 3d Cir.· 1986-11-26 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the Attorney General, not the district court, has the exclusive discretionary authority to grant bail to an alien not illegally detained, pending a motion to reopen deportation proceedings, subject to judicial review.
• Darden v. Louie Wainwright
  495 So. 2d 179· Fla.· 1986-10-03 ·cited 2×
  The court held that a claim of racial bias in the application of the death penalty cannot be raised for the first time in a habeas corpus proceeding but must be presented in a motion for post-conviction relief.
• Murphy v. Sowders
  801 F.2d 205· 6th Cir.· 1986-09-12 ·cited 2×·via Habeas Corpus Review
  The court held that the retroactive repeal of a rule requiring corroboration of accomplice testimony, when applied to a defendant whose crime occurred before the repeal, violates the Ex Post Facto Clause of the U.S. Constitution.
• Pickett v. Bowen
  798 F.2d 1385· 11th Cir.· 1986-09-09 ·cited 2×
  The court held that the district court correctly granted the writ of habeas corpus because the medical report was crucial evidence, and the prosecution failed to demonstrate the declarant's unavailability or establish sufficient indicia of reliability.
• Jennings v. Rees
  800 F.2d 72· 6th Cir.· 1986-08-27 ·cited 2×
  The court held that a state prisoner cannot seek federal habeas corpus relief on a Fourth Amendment claim if the state provided an opportunity for full and fair litigation of that claim. The court also found the handgun seizure lawful under public safety and plain view doctrines.
• Woolls v. O.L. McCOTTER
  798 F.2d 695· 5th Cir.· 1986-08-14 ·cited 2×·via Federal Habeas Corpus
  The court denied the appellant's motion for a certificate of probable cause, finding no substantial showing of the denial of a federal right, and dismissed the appeal.
• Henry v. State
  496 So. 2d 832· Fla. 2d DCA· 1986-08-08 ·cited 2×
  Charles Henry challenges his extradition to New York on a parole violation charge, arguing that the extradition demand lacked required statutory documentation. The Florida appellate court reversed the denial of his habeas corpus petition, finding that the supporting documents fai
• Young v. Armontrout
  795 F.2d 55· 8th Cir.· 1986-07-08 ·cited 2×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as the allegations could state a claim under the Eighth Amendment for deliberate indifference to serious medical needs.
• United States v. Smith
  793 F.2d 85· 3d Cir.· 1986-06-13 ·cited 2×·via Habeas Corpus Proceedings
  The court held that the defendant did not raise a substantial question on appeal, thus bail pending appeal was not warranted.
• Newbury v. Prisoner Review Bd. of the State OF Ill.
  791 F.2d 81· 7th Cir.· 1986-05-19 ·cited 2×
  The Due Process Clause does not require all members of a parole board panel who voted on an inmate's application to be present at the inmate's parole hearing.
• Bradwell v. The Honorable Charles D. McCLURE
  488 So. 2d 566· Fla. 1st DCA· 1986-04-25 ·cited 2×
  Willie Bradwell sought habeas corpus relief challenging his pretrial detention on charges of sexual abuse of a child. The Florida appellate court granted the writ, holding that the trial court's detention order failed to comply with statutory requirements because it did not find
• Smart v. Scully
  787 F.2d 816· 2d Cir.· 1986-04-07 ·cited 2×·via Federal Habeas Corpus
  The Court of Appeals held that the appellant's failure to include sworn allegations in his pro se motion to withdraw his guilty plea did not constitute a procedural default under Wainwright v. Sykes, as the state had no substantial interest in denying him the opportunity to reple
• Moore v. State
  485 So. 2d 1368· Fla. 1st DCA· 1986-04-03 ·cited 2×·via Habeas Corpus Relief
  Carlos Moore, convicted of armed robbery in 1973, was denied his right to appellate review due to his trial counsel's failure to file assignments of error or pursue an Anders appeal, which prevented him from obtaining trial transcripts necessary for appeal. The court found this c
• Lockett v. Montemango
  784 F.2d 78· 2d Cir.· 1986-02-14 ·cited 2×
  Jeopardy does not attach in a New York pretrial insanity plea proceeding where the defendant does not risk conviction, allowing the state to vacate the plea and recommence criminal proceedings.
• Moore v. O.L. McCOTTER
  781 F.2d 1089· 5th Cir.· 1986-02-03 ·cited 2×·via Federal Habeas Corpus
  The court held that under Texas law, a state district court had valid jurisdiction to indict and convict a former juvenile after he reached adulthood, even if the offense was committed as a juvenile and juvenile proceedings were initiated, thus the enhanced sentence was valid.
• Bond v. Procunier
  780 F.2d 461· 4th Cir.· 1986-01-02 ·cited 2×·via Habeas Corpus Relief
  The district court erred in dismissing the petition without an evidentiary hearing, as the allegations of suppressed exculpatory evidence were specific enough to warrant a hearing and potentially alter the trial outcome.
• Deloach v. Louie L. Wainwright
  777 F.2d 1524· 11th Cir.· 1985-12-12 ·cited 2×·via Habeas Corpus Relief
  The court held that the appellant's conviction and sentence for both felony murder and the underlying felony did not violate the Double Jeopardy Clause, as interpreted by Florida law.
• Busby v. Holt
  771 F.2d 1461· 11th Cir.· 1985-09-24 ·cited 2×
  The court held that the prosecutor's misconduct in calling a witness who intended to invoke the Fifth Amendment, and the trial court's error in permitting this, constituted a constitutional violation that was not harmless error.
• United States v. Price
  773 F.2d 1526· 11th Cir.· 1985-09-10 ·cited 2×
  The court denied the defendant's motion for release pending appeal and petitions for extraordinary writs because the issues were premature and had not yet been finally determined by the district court.
• United States v. Hallahan
  768 F.2d 754· 6th Cir.· 1985-07-29 ·cited 2×
  The court held that it lacks jurisdiction to hear an appeal from an interlocutory order setting forth conditions to purge a contempt order, as the contempt order itself was the final, appealable order.
• Flowers v. Blackburn
  764 F.2d 276· 5th Cir.· 1985-06-18 ·cited 2×·via Habeas Corpus Relief
  The court granted a certificate of probable cause, finding that the petitioner made a substantial showing of the denial of a federal right regarding jury instructions on specific intent.
• Claudio Fernandez v. Rodriguez
  761 F.2d 558· 10th Cir.· 1985-04-04 ·cited 2×·via Habeas Corpus Relief
  The admission of polygraph test results, which are testimonial communications, in a criminal trial cannot be harmless error if the confession was involuntary or if the error was not harmless beyond a reasonable doubt.
• Triola v. State
  464 So. 2d 1312· Fla. 2d DCA· 1985-03-13 ·cited 2×
  Appellant Triola appealed from a denial of his Rule 3.850 postconviction relief motion challenging his conviction for involuntary sexual battery. The court affirmed, holding that Triola waived his primary argument by failing to raise it on direct appeal and that his ineffective a
• Alfreddie Grant v. Jones
  461 So. 2d 1375· Fla. 4th DCA· 1985-01-16 ·cited 2×
  The court held that a parole violation must be willful to warrant revocation, and the petitioner's failure to immediately report was not willful.
• J.A. Avery, Jr. v. Procunier
  750 F.2d 444· 5th Cir.· 1985-01-14 ·cited 2×·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the denial of claims for ineffective assistance of counsel, use of perjured testimony, illegal arrest/search, self-incrimination, or failure to appeal.
• Goudlock v. R.C. Marshall
  751 F.2d 865· 6th Cir.· 1985-01-09 ·cited 2×
  The court held that cross-examining a defendant about their post-Miranda silence regarding an exculpatory explanation, when the police were unaware of the significance of the matter at the time of arrest, does not violate Doyle v. Ohio.
• United States v. Clark N. Fishel
  747 F.2d 271· 5th Cir.· 1984-11-06 ·cited 2×·via Habeas Corpus Relief
  The court held that the district court did not err in denying the habeas corpus petition without an evidentiary hearing or discovery.
• Cole v. Commanding Officer
  747 F.2d 217· 4th Cir.· 1984-10-25 ·cited 2×·via Habeas Corpus Relief
  The dissenting opinion argues that the district court should have exercised jurisdiction to review the conscientious objector discharge application, as administrative remedies were rendered impossible by the Navy's actions.
• Garner v. Louie L. Wainwright
  454 So. 2d 28· Fla. 1st DCA· 1984-07-24 ·cited 2×
• Thomas v. Auger
  738 F.2d 936· 8th Cir.· 1984-07-11 ·cited 2×·via Federal Habeas Corpus
  A state prisoner is barred from federal habeas review of a constitutional claim if the claim was procedurally defaulted in state court, absent a showing of cause and prejudice for the default.
• Nealy J. Buchanon v. Mintzes
  734 F.2d 274· 6th Cir.· 1984-05-09 ·cited 2×·via Habeas Corpus Proceedings
  The court held that Rule 9(a) of habeas corpus proceedings requires a showing of actual prejudice to bar consideration of claims, and that the state failed to show prejudice regarding the petitioner's claims of unknowing waiver of counsel and guilty plea.
• Flowers v. Wyrick
  732 F.2d 659· 8th Cir.· 1984-04-25 ·cited 2×·via Federal Habeas Corpus
  The court affirmed the denial of federal habeas corpus relief, holding that the petitioner's guilty plea was voluntary and knowing, and that jurisdictional and coercion claims were waived or unsupported.
• Narcisse v. Maggio
  725 F.2d 969· 5th Cir.· 1984-02-06 ·cited 2×·via Federal Habeas Corpus
  The court granted the application for a certificate of probable cause and stay of execution, remanding the case for an evidentiary hearing on claims of ineffective assistance of counsel.
• Antone v. Louie L. Wainwright
  444 So. 2d 959· Fla.· 1984-01-20 ·cited 2×
  Anthony Antone, convicted of first-degree murder and sentenced to death, petitioned for habeas corpus relief, appealed the trial court's denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850, and sought a stay of execution. The Florida Supreme Court deni
• Resendez v. McKASKLE
  722 F.2d 227· 5th Cir.· 1984-01-12 ·cited 2×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the habeas petition for failure to exhaust state remedies without indicating judicial notice of relevant briefs and erred in dismissing for abuse of the writ without affording the petitioner an opportunity to respond.
• Mathes v. Pierpont
  725 F.2d 77· 8th Cir.· 1984-01-11 ·cited 2×
  The court held that the State of Oklahoma did not waive its jurisdiction over the appellant by releasing a detainer and failing to file another for several years, as the delay did not rise to the level of gross negligence required for waiver.
• Webster v. Engle
  721 F.2d 566· 6th Cir.· 1983-11-21 ·cited 2×·via Habeas Corpus Relief
  The court held that the district court improperly granted habeas corpus relief because the appellee's substantive claims were procedurally barred by his failure to comply with Ohio's contemporaneous objection rule, and he failed to demonstrate cause and prejudice for this default
• Donnie Long v. McKEEN
  722 F.2d 286· 6th Cir.· 1983-11-16 ·cited 2×·via Federal Habeas Corpus
  The court held that a petitioner's claim of ineffective assistance of counsel due to failure to object to jury instructions does not constitute sufficient 'cause' to overcome a procedural default under Wainwright v. Sykes.
• Bennie R. Thompson v. Smith
  719 F.2d 938· 8th Cir.· 1983-10-27 ·cited 2×
  The court held that claims regarding conviction validity must be addressed to the sentencing court, claims about conditions of confinement are moot due to transfer, and claims for money damages require exhaustion of administrative remedies.
• Sherwood v. Honorable Wendell H. Tomkins
  716 F.2d 632· 9th Cir.· 1983-09-20 ·cited 2×·via Federal Habeas Corpus
  The federal court dismissed the petition for a writ of habeas corpus because the petitioner failed to exhaust his state remedies, as his state appeal was still pending.