Habeas Corpus Jurisdiction

228 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• 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
• Pompey v. Cochran
  685 So. 2d 1007· Fla. 4th DCA· 1997-01-08 ·cited 107×
  Pompey was incarcerated for civil contempt based on nonpayment of child support without any evidentiary showing that he possessed the ability to pay the purge amount set by the court. The Fourth District Court of Appeal granted habeas corpus relief, holding that the trial court's
• Alachua Reg'l Juv. Detention Ctr. v. T.O.
  684 So. 2d 814· Fla.· 1996-12-19 ·cited 93×
  The Florida Supreme Court held that a district court of appeal may entertain a habeas corpus petition challenging a detention order even when it lacks appellate jurisdiction over the trial court that issued the order, provided the detaining facility is within the district court's
• Johnson v. Singletary
  938 F.2d 1166· 11th Cir.· 1991-07-25 ·cited 68×
  Marvin Edwin Johnson, a Florida death row inmate, appealed the district court's denial of his second federal habeas corpus petition challenging his death sentence for a 1978 pharmacy robbery and murder. The panel majority had concluded Johnson was entitled to an evidentiary heari
• Word v. State OF N.C.
  406 F.2d 352· 4th Cir.· 1969-01-15 ·cited 68×
  The dissent argues that under 28 U.S.C.A. § 2241 and controlling precedent like Ahrens v. Clark, habeas corpus jurisdiction is limited to the district where the petitioner is physically present and in custody.
• United States v. Bradford
  194 F.2d 197· 2d Cir.· 1952-01-24 ·cited 66×
• LEE v. United States
  501 F.2d 494· 8th Cir.· 1974-08-01 ·cited 61×
  The court held that the United States' appearance and response on the merits likely supplied the necessary personal jurisdiction and waived venue, though precedent still appears contrary.
• Forman v. Smith
  633 F.2d 634· 2d Cir.· 1980-10-08 ·cited 60×
  The court held that the Wainwright v. Sykes 'cause and prejudice' standard applies to constitutional claims omitted from a direct appeal, and that the petitioner failed to demonstrate sufficient cause or prejudice.
• Zannino v. Arnold
  531 F.2d 687· 3d Cir.· 1976-02-19 ·cited 52×
  The court held that while the Parole Board's discretion is broad, judicial review via habeas corpus can examine whether the Board's stated reasons for denying parole have a rational factual basis in the record.
• Footman v. Singletary
  978 F.2d 1207· 11th Cir.· 1992-12-07 ·cited 51×
  William Footman appealed the dismissal of his federal habeas corpus petition challenging his 1981 felony murder conviction, arguing that the district court erred in finding he had not exhausted state remedies by failing to present all instances of ineffective assistance of counse
• Bertrand v. Sava
  684 F.2d 204· 2d Cir.· 1982-06-25 ·cited 49×
  The court held that the district court impermissibly substituted its judgment for that of the District Director regarding certain factors in evaluating parole applications.
• Fernandez-Roque v. Smith
  671 F.2d 426· 11th Cir.· 1982-03-04 ·cited 47×
• Harvard v. Singletary
  733 So. 2d 1020· Fla.· 1999-05-06 ·cited 46×
  The Florida Supreme Court declined to exercise its discretionary jurisdiction over a habeas corpus petition filed by an inmate challenging his assignment to Close Management status, instead transferring the case to the appropriate circuit court. The Court used this case to announ
• United States v. Jones
  907 F.2d 456· 4th Cir.· 1990-07-03 ·cited 46×
  The Sentencing Guidelines do not confer power on federal courts to entertain challenges to the constitutionality of prior state convictions used for sentence enhancement.
• United States ex rel. Stanley Meadows v. State OF NEW York & Warden of the United States Penitentiary
  426 F.2d 1176· 2d Cir.· 1970-05-05 ·cited 44×
  The dissenting judge held that the district court lacked jurisdiction to transfer the habeas corpus petition to New York because the prisoner was incarcerated in Georgia, and the petition could only be brought in the district of incarceration.
• Collins v. State
  859 So. 2d 1244· Fla. 5th DCA· 2003-11-14 ·cited 40×
  Calvin Collins, an inmate in Georgia, filed a pro se petition for writ of habeas corpus in a Florida trial court challenging his 1996 guilty plea to cocaine possession on grounds of ineffective assistance of counsel and involuntariness of the plea. The court affirmed the denial o
• Cappetta v. Louie L. Wainwright
  406 F.2d 1238· 5th Cir.· 1969-02-03 ·cited 40×
  The court held that federal habeas corpus jurisdiction extends to a prisoner attacking a prior sentence, even if expired, if that sentence is claimed to affect the duration of his current confinement.
• United States ex rel. William van Scoten v. Commonwealth of PA.
  404 F.2d 767· 3d Cir.· 1968-12-19 ·cited 40×
  A federal district court lacks territorial jurisdiction to issue a writ of habeas corpus if the petitioner is not within its territorial jurisdiction at the time the petition is filed.
• Issidore Passett v. Chase
  91 Fla. 522· Fla.· 1926-03-18 ·cited 38×
  Passett was arrested by a Florida sheriff under a federal bench warrant issued by the D.C. Supreme Court for allegedly violating a federal nonsupport statute. The Florida Supreme Court held that a state court has jurisdiction to grant habeas corpus relief when a state officer det
• Williams v. Warden, Fed. Bureau OF Prisons
  713 F.3d 1332· 11th Cir.· 2013-04-11 ·cited 37×
  Albert Williams appealed the dismissal of his 28 U.S.C. § 2241 habeas petition challenging his 293-month sentence for felon in possession of a firearm under 18 U.S.C. § 922(g)(1), enhanced by the Armed Career Criminal Act (ACCA). Williams argued that his 1989 and 1990 Florida bur
• Miller v. Fenton
  796 F.2d 598· 3d Cir.· 1986-06-26 ·cited 37×
  The court held that the majority opinion failed to consider the totality of circumstances in determining the voluntariness of the confession, selectively using facts and ignoring evidence of coercion.
• Porter v. Porter
  60 Fla. 407· Fla.· 1910-06-01 ·cited 35×
  This case clarifies that the writ of habeas corpus, a common law remedy, can be used by a father to regain custody of his minor children from his wife. The court affirmed that statutes regulating habeas corpus do not preclude its use for determining child custody when a parent un
• Maiker Vazquez v. Sec'y, Fla. Dep't OF Corr.
  827 F.3d 964· 11th Cir.· 2016-07-01 ·cited 34×
  Maiker Vazquez appealed the denial of his federal habeas corpus petition challenging the admission of hearsay evidence violating his Sixth Amendment Confrontation Clause rights. The district court dismissed the petition as procedurally barred for failure to exhaust state remedies
• Richardson v. Reno
  180 F.3d 1311· 11th Cir.· 1999-07-14 ·cited 34×
  The Eleventh Circuit Court of Appeals reaffirmed its prior holding that amendments to the Immigration and Nationality Act (INA) by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) preclude district court jurisdiction to issue writs of habeas corpus under 2
• Sinclair v. Blackburn
  599 F.2d 673· 5th Cir.· 1979-07-27 ·cited 34×
  The court held that a prior conviction's collateral consequences were too speculative and remote to establish federal habeas corpus jurisdiction after the sentence for that conviction had expired.
• Sanders v. Bennett
  148 F.2d 19· D.C. Cir.· 1945-03-05 ·cited 32×
  A court in the District of Columbia lacks jurisdiction to issue a writ of habeas corpus against the Attorney General for a federal prisoner confined outside the District.
• Jones v. Biddle
  131 F.2d 853· 8th Cir.· 1942-12-14 ·cited 32×
  The court held that a habeas corpus application must name the person with actual physical custody of the petitioner as the respondent, not a supervisor with only regulatory custody.
• Harrison v. State OF Ind.
  597 F.2d 115· 7th Cir.· 1979-05-02 ·cited 30×
  A federal court retains jurisdiction over a habeas corpus petition even if the petitioner is released from custody before the proceedings conclude, provided jurisdiction attached at the time of filing, and the petition is not moot if collateral consequences of the challenged conv
• Guerra v. Meese
  786 F.2d 414· D.C. Cir.· 1986-03-07 ·cited 28×
  A district court cannot grant bail if it lacks jurisdiction to hear the underlying habeas corpus petition because the prisoner's custodian is outside its territorial jurisdiction.
• Sampsell v. People of State of Cal.
  191 F.2d 721· 9th Cir.· 1951-09-18 ·cited 28×
  The court held that the district court did not err in dismissing the habeas corpus petition, as the petitioner failed to demonstrate a violation of federal constitutional rights during his state trial.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.
• DRY Creek Lodge, Inc. v. Arapahoe AND Shoshone Tribes
  623 F.2d 682· 10th Cir.· 1980-06-20 ·cited 26×
  The court must dismiss the claims against the tribes due to tribal immunity, as Congress has not provided for such actions in federal court.
• Mychael W. McCOY v. United States Bd. OF Parole
  537 F.2d 962· 8th Cir.· 1976-06-14 ·cited 26×
  The court held that a federal district court has jurisdiction to hear a habeas corpus petition if the custodian responsible for the petitioner's confinement can be served with process within the district, even if the petitioner is confined elsewhere.
• Marden v. Purdy
  409 F.2d 784· 5th Cir.· 1969-04-10 ·cited 26×
  The court held that an applicant free on bond satisfies the "in custody" requirement for federal habeas corpus jurisdiction and that the state court's denial of a motion to suppress evidence was proper.
• United States ex rel. Charles Townsend v. Ogilvie
  334 F.2d 837· 7th Cir.· 1964-07-22 ·cited 26×
  A federal court exhausts its statutory power in a habeas corpus proceeding after determining a confession introduced in a state criminal trial was voluntarily given; it cannot issue a writ for procedural errors not involving constitutional rights.
• Thorp v. Smith
  64 Fla. 154· Fla.· 1912-06-01 ·cited 26×
  The Florida Supreme Court reversed a conviction and ordered discharge of prisoners held under an information charging a violation of a statute on July 22, 1911, when the statute providing punishment for that violation did not become effective until August 1911, making the charge
• DE LA Teja v. United States
  321 F.3d 1357· 11th Cir.· 2003-02-21 ·cited 25×
  Carlos De La Teja, a Cuban national paroled into the United States during the Mariel boatlift, was convicted of drug and property crimes in 1996 and deported after serving his sentence. He challenged his pre-removal detention under 8 U.S.C. § 1226(c) as violating the Fifth Amendm
• United States ex rel. Chester Wojtycha v. Hopkins
  517 F.2d 420· 3d Cir.· 1975-05-29 ·cited 25×
  A probationary sentence, coupled with the possibility of incarceration for non-payment of costs, is sufficient to establish federal habeas corpus jurisdiction. A dismissal by the Supreme Court for want of a substantial federal question is dispositive of constitutional challenges
• Wilkins v. Erickson
  484 F.2d 969· 8th Cir.· 1973-09-26 ·cited 24×
  An order transferring a habeas corpus petition under 28 U.S.C. § 1404(a) is not appealable as of right, but may be reviewed by writ of mandamus if it involves an issue of law or abuse of discretion. The court held that a prisoner may bring a habeas corpus petition in the federal
• Richardson v. State of Fla. ex rel. Richard Douglas Milton
  219 So. 2d 77· Fla. 3d DCA· 1969-02-18 ·cited 24×
  A Florida appellate court reversed a circuit court's habeas corpus decision that retroactively applied In re Gault's right-to-counsel protections to a juvenile's original delinquency hearing and probation revocation. The court held that Gault does not apply retroactively to eithe
• Jahzwah Johnson v. State
  947 So. 2d 1192· Fla. 3d DCA· 2007-01-24 ·cited 23×
  The appellate court affirmed the trial court's denial of the habeas corpus petition without prejudice, finding it was filed in the incorrect court.
• Ellingburg v. Connett
  457 F.2d 240· 5th Cir.· 1972-03-20 ·cited 22×
  The court held that the plaintiff's claim for damages did not change the essential character of the litigation, which was to alter administrative procedures within a federal prison.
• Palmore v. Superior Court of the Dist. of Columbia
  515 F.2d 1294· D.C. Cir.· 1975-07-09 ·cited 21×
  The dissenting judge holds that 23 D.C. Code § 110(g) is an exhaustion of remedies requirement that does not affect federal habeas corpus jurisdiction.
• United States ex rel. Ronald James Dessus v. Commonwealth of Pa.
  452 F.2d 557· 3d Cir.· 1971-11-29 ·cited 21×
  Federal courts lack habeas corpus jurisdiction for a petitioner not in custody, and the denial of funds for a defense psychologist was within the trial court's discretion.
• Umanzor v. Lambert
  782 F.2d 1299· 5th Cir.· 1986-02-18 ·cited 20×
  The dissenting judge would hold that the alien's departure was not legally executed because of insufficient notice to his attorney, and therefore the district court erred in dismissing the habeas petition.
• Carter v. United States
  733 F.2d 735· 10th Cir.· 1984-05-07 ·cited 20×
  A district court order prohibiting a litigant from filing future complaints or petitions without payment of all filing fees violates 28 U.S.C. § 1915(a) by unduly impairing the litigant's constitutional right of access to the courts.
• United States ex rel. Joseph A. DI Rienzo v. State of N.J.
  423 F.2d 224· 3d Cir.· 1970-03-16 ·cited 20×
  The court held that the District Court had jurisdiction to consider the habeas corpus petition, and that the relator's contentions regarding denial of counsel for appeal and ineffective assistance of counsel were without merit.
• Nirmal Singh Dhangu v. Immigr. & Naturalization Serv.
  812 F.2d 455· 9th Cir.· 1987-03-06 ·cited 18×
  The court held that while district courts have jurisdiction to review discretionary stay denials by the INS, the habeas petition was moot because an automatic stay was already in effect. The court also held that the due process claim must first be addressed by the Board of Immigr
• Harvey and Rebecca Rumbaugh v. Procunier
  753 F.2d 395· 5th Cir.· 1985-02-20 ·cited 18×
  The court held that the determination of competency to waive federal habeas review in a death case is a mixed question of fact and law, not subject to the clearly erroneous standard of review.
• Ruiz v. United States
  365 F.2d 500· 3d Cir.· 1966-08-31 ·cited 18×
  A sentence of life imprisonment for second-degree murder is invalid under the Virgin Islands Code, which mandates a term of years for that offense.