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

• O'Guin v. Foltz
  715 F.2d 397· 6th Cir.· 1983-09-01 ·cited 2×·via Habeas Corpus Relief
  The court held that the petitioner's claims lacked merit and affirmed the denial of habeas corpus relief.
• Johnson v. R.V. Turner
  436 So. 2d 291· Fla. 4th DCA· 1983-08-03 ·cited 2×
• Payne v. Scottie Burns
  707 F.2d 1302· 11th Cir.· 1983-06-23 ·cited 2×
  The court held that the defendants did not violate the prisoner's federal rights by failing to bring him before a judge to set a time for a habeas corpus petition when the prisoner, with counsel, elected not to pursue such a petition.
• J. Michael Geiger, Jr., M.D. v. United States
  707 F.2d 157· 5th Cir.· 1983-06-13 ·cited 2×
  The court held that equitable relief was inappropriate for a military pay dispute, and the plaintiff had an adequate legal remedy in another forum.
• Leiterman v. Rushen
  704 F.2d 442· 9th Cir.· 1983-04-19 ·cited 2×·via Federal Habeas Corpus
  Federal habeas corpus relief is not available for excessive police violence if it did not causally contribute to the conviction.
• Bailey v. Duckworth
  699 F.2d 424· 7th Cir.· 1983-02-14 ·cited 2×·via Federal Habeas Corpus
  The state appellate court's decision to grant a petition for rehearing on an issue not previously raised or argued denied the petitioner a full and fair opportunity to litigate that claim.
• DeANGELO v. Strickland
  426 So. 2d 1264· Fla. 1st DCA· 1983-02-14 ·cited 2×
  The court held that the petition for writ of habeas corpus was properly denied because it did not establish a prima facie case of illegal imprisonment.
• Lacy v. A.L. Lockhart
  697 F.2d 271· 8th Cir.· 1983-01-12 ·cited 2×·via Habeas Corpus Relief
  The court affirmed the district court's denial of the habeas corpus petition, finding no constitutional violations regarding incriminating statements, in-court identification, sufficiency of evidence, or ineffective assistance of counsel.
• Davidson v. Louie L. Wainwright
  436 So. 2d 134· Fla. 4th DCA· 1983-01-12 ·cited 2×
  Martha Davidson seeks habeas corpus to obtain delayed appellate review after her public defender failed to file a timely notice of appeal. The court granted the petition, allowing delayed appeal proceedings, while certifying important questions to the Florida Supreme Court regard
• Abramson v. Griffin
  693 F.2d 1009· 10th Cir.· 1982-12-01 ·cited 2×
  The court held that collateral estoppel, as an integral part of the Double Jeopardy Clause, barred the state from relitigating the issue of the defendant's identity as the driver, which had been determined in his favor in prior municipal court proceedings.
• Jones v. Weldon
  690 F.2d 835· 11th Cir.· 1982-11-01 ·cited 2×·via Habeas Corpus Relief
  The court held that a prosecutor's refusal to stipulate to the admissibility of polygraph evidence does not violate a defendant's constitutional rights when the state rule merely allows parties to waive objection to inadmissible evidence, rather than creating a substantive right
• Zeigler v. Louie L. Wainwright
  421 So. 2d 1· Fla.· 1982-10-18 ·cited 2×
  The court denied the petition for a writ of habeas corpus and the application for a stay of execution.
• Fletcher Shaw v. Estelle
  686 F.2d 273· 5th Cir.· 1982-09-20 ·cited 2×·via Habeas Corpus Relief
  The court held that the inadvertent use of the wrong heroin packet at trial, without prosecution knowledge or material impact, did not violate due process or fundamental fairness, and thus did not warrant habeas relief.
• Ellison v. DE LA Rosa
  685 F.2d 959· 5th Cir.· 1982-09-13 ·cited 2×·via Habeas Corpus Relief
  The court held that a section 1983 action against appointed counsel for ineffective assistance of counsel fails because such counsel does not act under color of state law.
• Bryant v. Cherry
  687 F.2d 48· 4th Cir.· 1982-09-10 ·cited 2×·via Habeas Corpus Review
  A guilty plea remains voluntary and intelligent even if the trial court fails to inform the defendant of a mandatory minimum sentence, if the defendant was aware of the plea agreement and reasonably expected a sentence at or above the mandatory minimum.
• In re the Application of Kenneth Bergen v. Carson
  417 So. 2d 1081· Fla. 1st DCA· 1982-08-06 ·cited 2×
  Kenneth Bergen appealed the denial of his habeas corpus petition, claiming he was entitled to discharge under 18 U.S.C. § 3182 because thirty days had elapsed since his arrest on a fugitive warrant. The Florida District Court of Appeal affirmed the denial, holding that the thirty
• Denard v. Louie L. Wainwright
  418 So. 2d 280· Fla. 5th DCA· 1982-06-30 ·cited 2×
  Petitioner Denard sought habeas corpus relief after his direct appeal was dismissed for untimely filing, arguing he was deprived of his right to appeal by state action. The court held that under Baggett v. Wainwright, the defendant bears the initial responsibility to timely notif
• Ignatizo Giuliano v. Louie Wainwright
  416 So. 2d 1180· Fla. 4th DCA· 1982-06-23 ·cited 2×
  Petitioner Giuliano sought habeas corpus relief claiming his appellate conviction was infirm because Judge Glickstein, who sat on the appellate panel affirming his conviction in one case, had previously represented a prosecution witness in a separate trial. The court denied the p
• Soto v. State
  409 So. 2d 1123· Fla. 3d DCA· 1982-02-09 ·cited 2×
  Rogelio Soto challenges an extradition order to Virginia on habeas corpus grounds, arguing the Virginia indictment failed to allege he committed an act in Florida that resulted in a crime in Virginia, as required by Florida's extradition statute. The court reverses and grants the
• Gentric Hicks v. Scurr
  671 F.2d 255· 8th Cir.· 1982-02-05 ·cited 2×·via Federal Habeas Corpus
  The court held that the admission of potentially misleading fingerprint probability testimony, while erroneous, did not rise to the level of a due process violation requiring federal habeas corpus relief, especially given the other evidence presented.
• United States v. Mizell
  667 F.2d 1247· 7th Cir.· 1982-01-14 ·cited 2×·via Habeas Corpus Review
  The court held that a rational trier of fact could find beyond a reasonable doubt that the defendant possessed more than 500 grams of cannabis, even if the substance included immature stalks or was weighed with some soil.
• Douglas v. Long
  661 F.2d 747· 9th Cir.· 1981-11-16 ·cited 2×·via Federal Habeas Corpus
  The concurring judge agrees with the majority's outcome because the issue is state procedure without federal constitutional implications or demonstrated prejudice.
• Fla. Parole & Prob. Comm'n v. August Alby
  400 So. 2d 864· Fla. 4th DCA· 1981-07-15 ·cited 2×
  The court held that the trial court erred in granting the writ of habeas corpus but correctly denied the motion for writ of prohibition.
• Middleton v. Polk
  399 So. 2d 1105· Fla. 5th DCA· 1981-06-24 ·cited 2×
  A defendant convicted by jury but with adjudication withheld sought habeas corpus relief after bail was revoked for violating a condition requiring him to reside with his father. The Florida appellate court denied the petition, holding that such residency conditions are reasonabl
• White v. Wyrick
  651 F.2d 597· 8th Cir.· 1981-06-17 ·cited 2×
  A federal court properly denied a habeas corpus petition where the petitioner failed to exhaust available state remedies for most of his claims.
• Durham v. Wyrick
  665 F.2d 185· 8th Cir.· 1981-05-20 ·cited 2×·via Federal Habeas Corpus
  The court held that the denial of habeas corpus relief on the grounds of using pardoned convictions and grand jury issues was appropriate, but remanded for consideration of the claim that prior convictions used for enhancement were uncounseled.
• Sperl v. Deukmejian
  642 F.2d 1154· 9th Cir.· 1981-03-23 ·cited 2×·via Habeas Corpus Relief
  The court held that declaratory relief is unavailable to attack a state criminal conviction and that collateral estoppel bars reconsideration of issues already decided in state habeas corpus proceedings.
• MAY v. Wyrick
  635 F.2d 760· 8th Cir.· 1981-01-15 ·cited 2×
  The court affirmed the district court's denial of the habeas corpus application.
• Hardy v. Callahan
  634 F.2d 646· 1st Cir.· 1980-11-12 ·cited 2×·via Habeas Corpus Review
  The court held that the petitioner failed to demonstrate cause and prejudice for his procedural default in state court, thus precluding federal habeas corpus review.
• Mitchell v. Superior Court FOR the Cnty. OF Santa Clara
  632 F.2d 767· 9th Cir.· 1980-10-07 ·cited 2×·via Federal Habeas Corpus
  A guilty plea does not forfeit the right to federal habeas corpus review of pre-plea constitutional violations if state law permits such an appeal.
• Willis v. Garrison
  624 F.2d 491· 4th Cir.· 1980-07-01 ·cited 2×·via Habeas Corpus Relief
  The court held that a pre-trial identification procedure, even if suggestive, is permissible if the identification is reliable under the totality of the circumstances, and that the identification in this case met that standard.
• Shea v. Heggie
  624 F.2d 175· 10th Cir.· 1980-06-30 ·cited 2×
  The court held that the exhaustion requirement of 28 U.S.C. § 2254(b) does not apply when there is no available state corrective process for parole denials.
• F. S. N. v. Joyce
  384 So. 2d 720· Fla. 4th DCA· 1980-06-04 ·cited 2×
  A juvenile petitioner challenged his prosecution as an adult for a burglary charge after voluntarily requesting adult trial status for a prior petit theft charge. The court held that statutory provisions allowing continued adult prosecution of juveniles apply only to transfers ef
• COX v. Hutto
  619 F.2d 731· 8th Cir.· 1980-04-16 ·cited 2×
  The court held that the State failed to prove Cox was not prejudiced by a defective stipulation of prior convictions, thus affirming the grant of habeas corpus relief.
• Chaudoin v. State
  383 So. 2d 645· Fla. 5th DCA· 1980-03-12 ·cited 2×
  Russell Chaudoin sought post-conviction relief under Rule 3.850, claiming his court-appointed attorney was ineffective for filing a notice of appeal before the trial court ruled on a motion for new trial, thereby waiving his right to appeal the sufficiency of the evidence. The Fi
• Pinnon v. Ciccone
  611 F.2d 252· 8th Cir.· 1979-12-20 ·cited 2×·via Habeas Corpus Relief
  The court held that the issues raised by the petitioner became moot due to a subsequent parole hearing, and his allegations did not state sufficient facts for relief under 28 U.S.C. § 2255.
• Antonelli v. Ralston
  609 F.2d 340· 8th Cir.· 1979-11-01 ·cited 2×
  The court held that the district court should have stayed proceedings to allow prisoners to seek administrative relief before denying their petition for injunctive relief.
• Rice v. Parratt
  605 F.2d 1091· 8th Cir.· 1979-10-03 ·cited 2×·via Federal Habeas Corpus
  The court held that a second federal habeas corpus petition raising issues not previously presented to state courts must first exhaust those state remedies, even if the appellant claims they are ineffective.
• Tully v. Scheu
  607 F.2d 31· 3d Cir.· 1979-09-26 ·cited 2×·via Habeas Corpus Relief
  The court held that denying a defendant a hearing on a timely motion for sentence reduction due to court rule time limits, after the hearing was adjourned to obtain substitute counsel, violates the constitutional right to counsel at a critical stage of the proceeding.
• Elliott v. Thompson
  599 F.2d 767· 6th Cir.· 1979-06-11 ·cited 2×
  The court affirmed the district court's denial of the habeas corpus petition, finding the confession voluntary and any Bruton Rule violation to be harmless error.
• Thomas v. Estelle
  588 F.2d 170· 5th Cir.· 1979-01-22 ·cited 2×
  The court held that the claim regarding appearance in jail clothing must be remanded for a factual determination of whether an objection was properly made, as this could establish a denial of a fair trial.
• Newman v. Hornsby
  370 So. 2d 1165· Fla. 4th DCA· 1979-01-18 ·cited 2×
• Devore v. Blackburn
  584 F.2d 52· 5th Cir.· 1978-11-02 ·cited 2×·via Federal Habeas Corpus
• United States ex rel. Arthur Perry v. Cuyler
  584 F.2d 644· 3d Cir.· 1978-09-29 ·cited 2×·via Habeas Corpus Review
  The dissent argues that a judge's attendance at the funeral of a murder victim, followed by presiding over the accused murderer's trial, creates an appearance of impropriety that denies the defendant a fair trial.
• Wright v. Louie L. Wainwright
  359 So. 2d 11· Fla. 1st DCA· 1978-05-18 ·cited 2×
  A state prisoner petitioned for habeas corpus after prison officials forfeited his accumulated gain-time following his escape and guilty plea to escape charges, without notice or hearing. The court held that Florida law permits such forfeiture without due process protections and
• Powers v. Honorable Alan R. Schwartz
  357 So. 2d 764· Fla. 3d DCA· 1978-04-18 ·cited 2×
  The court held that the petitioner was not entitled to release on bond, and the lower court did not depart from the essential requirements of law in denying her petition for writ of habeas corpus.
• Mercer v. Louie L. Wainwright
  376 So. 2d 377· Fla.· 1978-04-05 ·cited 2×
• Salazar v. Hon. Jack R. Sandstrom
  355 So. 2d 145· Fla. 3d DCA· 1978-02-07 ·cited 2×
  The court held that a state's courts should not inquire into the legality or constitutionality of criminal charges in the demanding state when considering extradition.
• Johnson v. Riddle
  562 F.2d 312· 4th Cir.· 1977-09-16 ·cited 2×·via Federal Habeas Corpus
  The court held that the petitioner's claims regarding grand jury selection, denial of appeal, and ineffective assistance of counsel were waived due to an unjustified and prejudicial delay in raising them. The court also held that the show-up identification procedure, while not fa
• Marol Donna Maxon v. Estelle
  558 F.2d 306· 5th Cir.· 1977-08-29 ·cited 2×
  The court held that a conflict of interest in joint representation may require an evidentiary hearing to determine ineffective assistance of counsel.