Habeas Corpus

18,806 Florida cases classified under this topic, plus 3,119 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Baker v. State
  878 So. 2d 1236· Fla.· 2004-03-11 ·cited 1807×
  The Florida Supreme Court consolidated three habeas corpus petitions filed by noncapital defendants challenging their convictions and dismissed them as unauthorized. The court clarified that habeas corpus relief is not available for collateral postconviction challenges that shoul
• Knight v. State
  394 So. 2d 997· Fla.· 1981-02-24 ·cited 745×
  Thomas Knight petitioned for habeas corpus claiming ineffective assistance of appellate counsel in his capital case. The Florida Supreme Court adopted a four-step test for evaluating ineffective assistance of counsel claims and rejected each of Knight's four specific allegations
• Witt v. State
  387 So. 2d 922· Fla.· 1980-07-24 ·cited 619×
  Johnny Paul Witt, convicted of first-degree murder and sentenced to death in 1974, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 based on alleged favorable changes in law. The Florida Supreme Court held that only major constitutional law changes ema
• Clark v. State
  363 So. 2d 331· Fla.· 1978-07-28 ·cited 590×·via Federal Habeas Corpus
  The Florida Supreme Court resolved a conflict between two district courts regarding whether a contemporaneous objection is required to preserve an improper comment on a defendant's right to remain silent as an issue on appeal. The Court held that a timely objection at trial is ne
• Jones v. State
  591 So. 2d 911· Fla.· 1991-11-14 ·cited 580×
  Leo Alexander Jones, convicted of murdering a Jacksonville police officer in 1981, appeals the denial of his second motion for postconviction relief based on alleged newly discovered evidence. The Florida Supreme Court reversed and remanded for an evidentiary hearing after adopti
• Freeman v. State
  761 So. 2d 1055· Fla.· 2000-06-08 ·cited 579×·via Writ Of Habeas Corpus
  John D. Freeman, a death row inmate convicted of felony murder, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court remanded for an evidentiary hearing on ineffective assistance of counsel claims during
• Chandler v. United States
  218 F.3d 1305· 11th Cir.· 2000-07-21 ·cited 555×
  The en banc court held that the attorney's performance during the sentencing phase of the capital trial did not constitute ineffective assistance of counsel as a matter of law. The court found that the attorney's actions, including his limited investigation into mitigating eviden
• State v. Mancino
  714 So. 2d 429· Fla.· 1998-06-11 ·cited 545×
  The Florida Supreme Court resolved a conflict among district courts regarding whether Rule 3.800(a) motions can address jail time credit claims. The Court held that jail credit issues are cognizable under Rule 3.800(a) when court records clearly demonstrate an undisputed entitlem
• Isley v. State
  652 So. 2d 409· Fla. 5th DCA· 1995-03-03 ·cited 528×·via Habeas Corpus Relief
  The court held that the petitioner's claims were untimely, successive, and constituted an abuse of process, warranting a prohibition on further filings.
• Jones v. State
  709 So. 2d 512· Fla.· 1998-03-17 ·cited 505×
  Leo Alexander Jones, a death row inmate convicted of murdering Officer Thomas Szafranski in 1981, appealed the trial court's denial of his third motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, rejecti
• Ennis Nettles v. Louie L. Wainwright
  677 F.2d 404· 5th Cir.· 1982-05-17 ·cited 504×
  Failure to file written objections to a magistrate's report bars a party from de novo determination by the district court and from attacking factual findings on appeal, unless the magistrate informs the parties of the ten-day objection deadline.
• Williams v. Louie L. Wainwright
  681 F.2d 732· 11th Cir.· 1982-07-29 ·cited 456×
  A district court may sua sponte conduct a de novo hearing to aid its review of a magistrate's report in post-trial relief applications. Claims of ineffective assistance of counsel were also rejected.
• Mullaney v. Wilbur
  W.D. Pa.· 1975-06-09 ·cited 447×·via Federal Habeas Corpus
  The Court's opinion, which the concurring justice joins, holds that the prosecution must prove every element of a crime beyond a reasonable doubt, but this does not conflict with the principle that a defendant may bear the burden of proving an affirmative defense like insanity.
• Hughes v. State
  22 So. 3d 132· Fla. 2d DCA· 2009-11-13 ·cited 442×
  Ernest Hughes appealed the trial court's denial of his untimely postconviction motion filed in 2008, eleven years after his 1997 plea to murder. The Florida appellate court affirmed, holding that 'fundamental error' is not a valid basis to extend the normal two-year filing deadli
• Carey English v. McCRARY
  348 So. 2d 293· Fla.· 1977-05-06 ·cited 436×
  The Florida Supreme Court held that prohibition is not an available remedy to challenge a trial judge's decision to close a dissolution of marriage hearing to the press, as prohibition only lies for lack or excess of jurisdiction, not for abuse of discretion. The court clarified
• Rutherford v. Moore
  774 So. 2d 637· Fla.· 2000-10-12 ·cited 433×
  Arthur Dennis Rutherford, a death row inmate, petitioned for habeas corpus relief claiming his appellate counsel was constitutionally ineffective. The Florida Supreme Court denied relief, finding that appellate counsel's performance was not deficient because the claims Rutherford
• Baggett v. Louie L. Wainwright
  229 So. 2d 239· Fla.· 1969-11-25 ·cited 431×
  The Florida Supreme Court holds that an indigent criminal defendant has a constitutional right under Douglas v. California to state-appointed counsel for direct appeal, and that when a trial judge promises such appointment but fails to communicate the appointed counsel's identity
• Logan v. State
  846 So. 2d 472· Fla.· 2003-04-17 ·cited 416×
  The Florida Supreme Court dismissed habeas corpus and prohibition petitions filed pro se by criminal defendants who were simultaneously represented by counsel in pending trial court proceedings. The Court clarified that defendants cannot engage in 'hybrid' representation by filin
• Shull v. Dugger
  515 So. 2d 748· Fla.· 1987-11-25 ·cited 415×
  Shull seeks habeas corpus release after his sentencing was reversed on appeal due to an invalid habitual offender departure. The Florida Supreme Court holds that when a trial court's reasons for departing from sentencing guidelines are invalidated on appeal, the court cannot arti
• Maxwell v. Louie L. Wainwright
  490 So. 2d 927· Fla.· 1986-05-15 ·cited 415×
  Chester Levon Maxwell, a death row inmate, challenged his conviction and sentence through a Rule 3.850 motion for post-conviction relief and a habeas corpus petition, claiming ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the denial of
• Hitchcock v. State
  226 So. 3d 216· Fla.· 2017-08-10 ·cited 390×·via Habeas Corpus Petition
  James Ernest Hitchcock, a death row inmate whose sentence became final in 2000, sought postconviction relief based on the U.S. Supreme Court's decision in Hurst v. Florida, arguing his death sentence was rendered unconstitutional. The Florida Supreme Court affirmed the denial of
• Sochor v. State
  883 So. 2d 766· Fla.· 2004-07-08 ·cited 363×
  Dennis Sochor, a death-row inmate, appealed denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief, raising thirty claims including ineffective assistance of counsel at the penalty phase, Brady/Giglio violations, and constitutional challenges to F
• Heath v. Jones
  863 F.2d 815· 11th Cir.· 1989-01-17 ·cited 362×
  The denial of the appellant's petition for a writ of habeas corpus is affirmed because the magistrate's report and recommendation, adopted by the district court, correctly found that state remedies were exhausted and the claims lacked merit.
• Pope v. Louie L. Wainwright
  496 So. 2d 798· Fla.· 1986-10-16 ·cited 361×·via Writ Of Habeas Corpus
  Thomas Dewey Pope, a death row inmate, petitioned for habeas corpus alleging ineffective assistance of appellate counsel for failing to raise various issues on direct appeal. The Florida Supreme Court denied the petition, holding that Pope's appellate counsel was not deficient be
• Linroy Bottoson v. Moore
  833 So. 2d 693· Fla.· 2002-10-24 ·cited 352×
  Linroy Bottoson, a death row inmate with an active execution warrant, sought habeas corpus relief under the U.S. Supreme Court's Ring v. Arizona decision, which invalidated certain aspects of Arizona's capital sentencing statute. The Florida Supreme Court denied relief, finding t
• Thompson v. State
  759 So. 2d 650· Fla.· 2000-04-13 ·cited 347×
  William L. Thompson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's summary denial of the motion and rejected all claims, finding most were procedurally
• Castro Bobadilla v. Reno
  1993 WL 259424· S.D. Fla.· 1993-07-09 ·cited 343×
  The court held that the magistrate had jurisdiction, the charged offenses were within the extradition treaty, and there was sufficient evidence to support a finding of probable cause for extradition.
• MacKENNA v. Ellis
  280 F.2d 592· 5th Cir.· 1960-06-22 ·cited 341×
  The dissenting judge argues that the majority's decision to set aside a state court conviction is not justified by the facts or cited authority and sets a dangerous precedent.
• Jackson v. State
  648 So. 2d 85· Fla.· 1994-04-21 ·cited 314×
  Andrea Hicks Jackson was convicted of murdering a Jacksonville police officer in 1983 and sentenced to death. The Florida Supreme Court vacated her death sentence because the jury instruction on the "cold, calculated, and premeditated" (CCP) aggravating factor was unconstitutiona
• Nelson v. State
  875 So. 2d 579· Fla.· 2004-06-03 ·cited 305×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant alleging ineffective assistance of counsel for failing to call witnesses must specifically allege in a Rule 3.850 postconviction motion that those witnesses would have been availab
• Henley v. Johnson
  885 F.2d 790· 11th Cir.· 1989-09-29 ·cited 299×
  The court held that the inmate summary accurately computed the prisoner's sentence and that the prisoner was not entitled to additional credit for time served under a vacated conviction or for good time credits on prior sentences that were consumed by a subsequent longer sentence
• Kimbrough v. Beto
  412 F.2d 981· 5th Cir.· 1969-05-26 ·cited 292×
  The court held that a threat to reindict a defendant as an habitual criminal, if made to coerce a guilty plea, constitutes duress and vitiates the plea's voluntariness.
• LoCONTE v. Dugger
  847 F.2d 745· 11th Cir.· 1988-06-20 ·cited 284×·via Habeas Corpus Relief
  The court held that the district court did not err in denying the petition for habeas corpus relief, as the guilty plea was knowing, intelligent, and voluntary, and counsel was not ineffective.
• Blanco v. Louie L. Wainwright
  507 So. 2d 1377· Fla.· 1987-05-07 ·cited 277×·via Writ Of Habeas Corpus
  Omar Blanco, a death row inmate convicted of first-degree murder, sought post-conviction relief and a writ of habeas corpus challenging his conviction and death sentence. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion and denied the habeas petition, findin
• Ex parte Earman
  85 Fla. 297· Fla.· 1923-03-15 ·cited 275×
  The Florida Supreme Court held that a circuit judge lacked authority to commit a municipal judge to imprisonment for constructive contempt based on a letter and alleged statements that did not violate the requirements for contempt proceedings. The court discharged the petitioner,
• Spinkellink v. Louie L. Wainwright
  578 F.2d 582· 5th Cir.· 1978-08-21 ·cited 274×
  The court held that the exclusion of veniremen who were irrevocably committed to voting against the death penalty was proper and did not violate the petitioner's constitutional rights.
• Amos Lee King v. Moore
  831 So. 2d 143· Fla.· 2002-10-24 ·cited 272×
  Amos Lee King, a death row inmate with an active execution warrant, sought habeas relief based on Ring v. Arizona, which held unconstitutional capital sentencing statutes allowing judges to find aggravating circumstances without jury findings. The Florida Supreme Court denied rel
• State v. Barber
  301 So. 2d 7· Fla.· 1974-06-12 ·cited 262×
  The Florida Supreme Court held that a criminal defendant cannot raise for the first time on direct appeal claims of ineffective assistance of counsel or insufficient evidence unless those issues were first presented to the trial court through appropriate motions. The Court quashe
• WAY v. State
  760 So. 2d 903· Fla.· 2000-04-20 ·cited 253×
  Fred Lewis Way appeals his death sentence imposed after resentencing proceedings and denial of post-conviction relief. The Florida Supreme Court affirmed the death penalty for the brutal murders of his wife and daughter by hammer blows and fire, rejecting Brady claims based on al
• Gennero Galtieri v. Louie L. Wainwright
  582 F.2d 348· 5th Cir.· 1978-10-23 ·cited 251×
  The court holds that while generally mixed habeas petitions should be dismissed, district judges may address exhausted grounds when fundamental rights are at stake, and such decisions will be reviewed on the merits.
• Washington v. Watkins
  655 F.2d 1346· 5th Cir.· 1981-09-14 ·cited 248×
  The dissenting judge argues that the majority erred in finding the trial judge's jury instruction unconstitutionally erroneous and in considering the defendant's illegal relationship and illegitimate child as mitigating factors.
• Carroll v. Secretary, DOC, FL Attorney General
  574 F.3d 1354· 11th Cir.· 2009-07-17 ·cited 243×
  Elmer Leon Carroll, a Florida death row inmate, appealed the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his capital conviction and sentence. Carroll raised two Atkins v. Virginia claims: (1) that he was mentally retarded and thus exempt from execu
• Ex Parte: Ernest Amos
  93 Fla. 5· Fla.· 1927-01-11 ·cited 241×
  Ernest Amos, the State Comptroller, challenged his arrest on an indictment for malpractice in office by habeas corpus. The Florida Supreme Court discharged him, holding that the indictment failed to charge a crime under Section 5354, Revised General Statutes, because it alleged m
• Schmidt v. Crusoe
  878 So. 2d 361· Fla.· 2003-05-01 ·cited 238×
  The Florida Supreme Court held that an inmate's petition challenging the forfeiture of gain time is a collateral criminal proceeding exempt from the Prisoner Indigency Statute, reasoning that gain time affects sentence computation similarly to traditional habeas corpus challenges
• Rose v. State
  675 So. 2d 567· Fla.· 1996-03-07 ·cited 229×
  James Franklin Rose, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court affirmed the denial regarding ineffective assistance of counsel during the guilt phase but reversed as to the penalty phase, fi
• Herring v. Estelle
  491 F.2d 125· 5th Cir.· 1974-03-15 ·cited 226×
  A guilty plea entered without effective assistance of counsel, who failed to advise the defendant on the relevant law regarding the charge, is involuntary and unknowing.
• Murphy v. Florida
  W.D. Pa.· 1975-06-16 ·cited 223×
• Cleveland Hollingshead v. Louie L. Wainwright
  194 So. 2d 577· Fla.· 1967-01-25 ·cited 217×·via Writ Of Habeas Corpus
  Cleveland Hollingshead sought habeas corpus relief after being denied appellate counsel by the trial court, despite repeated requests. The Florida Supreme Court, following the U.S. Supreme Court's reversal in Douglas v. California, held that due process requires Hollingshead be a
• Dusty Ray Spencer v. State
  842 So. 2d 52· Fla.· 2003-01-09 ·cited 215×
  Dusty Ray Spencer appeals the denial of his Rule 3.850 postconviction motion and petitions for habeas corpus following his conviction for first-degree murder and imposition of a death sentence. The Florida Supreme Court affirms the trial court's denial of postconviction relief an
• Rutherford v. Crosby
  385 F.3d 1300· 11th Cir.· 2004-09-21 ·cited 214×
  Arthur Rutherford was convicted of murdering Stella Salamon in 1985 and sentenced to death based on three aggravating circumstances: the crime was heinous, atrocious, and cruel; it was cold, calculated, and premeditated; and it was committed during a robbery for pecuniary gain. O