Habeas Corpus Petition

4,115 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Schwab v. State
  814 So. 2d 402· Fla.· 2002-03-28 ·cited 49×·via Writ Of Habeas Corpus
  Mark Dean Schwab, sentenced to death for kidnapping, sexually abusing, and murdering an 11-year-old boy, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of all postconvicti
• Elmo H. GAY v. Singletary
  700 So. 2d 1220· Fla.· 1997-10-23 ·cited 49×·via Writ Of Habeas Corpus
  Elmo Gay sought habeas corpus relief arguing he was entitled to credit for time spent under Control Release supervision when that supervision was revoked due to violation of release conditions. The Florida Supreme Court held that the Parole Commission, as the Control Release Auth
• Booker T. Lincoln v. Fla. Parole Comm'n
  643 So. 2d 668· Fla. 1st DCA· 1994-10-11 ·cited 49×·via Writ Of Habeas Corpus
  The court held that a habitual offender sentenced under Florida law is subject to conditional release supervision even if they earn incentive gain-time, and their reincarceration for violating release conditions was lawful.
• Lopez v. Singletary
  634 So. 2d 1054· Fla.· 1993-09-02 ·cited 49×·via Writ Of Habeas Corpus
  Eduardo Lopez, a death row inmate, petitioned for habeas corpus and appealed denial of his rule 3.850 postconviction motion, raising eighteen claims of ineffective assistance of counsel and constitutional violations. The Florida Supreme Court affirmed the trial court's denial of
• Mills v. Dugger
  559 So. 2d 578· Fla.· 1990-03-01 ·cited 49×
  Gregory Mills, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 postconviction motion, claiming ineffective assistance of counsel for failing to develop mental impairment evidence at sentencing. The Florida Supreme Court deni
• Lightbourne v. Dugger
  549 So. 2d 1364· Fla.· 1989-07-20 ·cited 49×
  Ian Lightbourne appeals the denial of his motion for postconviction relief and habeas corpus petition in a capital murder case. The Florida Supreme Court reverses in part, finding that allegations of Brady violations regarding cellmate testimony warrant an evidentiary hearing, bu
• Jackson v. Dugger
  547 So. 2d 1197· Fla.· 1989-07-06 ·cited 49×·via Writ Of Habeas Corpus
  Andrea Hicks Jackson, sentenced to death for the murder of a police officer, challenged her death sentence on habeas corpus grounds, arguing that victim impact evidence presented during the penalty phase violated the Eighth Amendment under Booth v. Maryland. The Florida Supreme C
• Bennie Demps v. State
  515 So. 2d 196· Fla.· 1987-11-04 ·cited 49×·via Habeas Corpus Relief
  Bennie Demps, under a death sentence and execution warrant set for November 5, 1987, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's summary denial of relief, finding all claims procedurally barred
• THE FLA. BAR RE AMENDMENT TO RULES OF CRIM. PROCEDURE (RULE 3.850)
  460 So. 2d 907· Fla.· 1984-11-30 ·cited 49×·via Writ Of Habeas Corpus
  The Court amended Rule of Criminal Procedure 3.850, establishing new procedures and time limitations for motions to vacate, set aside, or correct sentences.
• Panzavecchia v. Louie L. Wainwright
  658 F.2d 337· 5th Cir.· 1981-10-05 ·cited 49×
  The admission of irrelevant and prejudicial evidence of a prior conviction, due to the denial of a severance motion, violated the petitioner's Fourteenth Amendment right to a fair trial, warranting habeas corpus relief.
• Thompson v. Estelle
  642 F.2d 996· 5th Cir.· 1981-04-17 ·cited 49×
  The admission of two prior uncounselled convictions was not improper, and the admission of the remaining two was harmless error.
• Bromley v. Crisp
  561 F.2d 1351· 10th Cir.· 1977-04-12 ·cited 49×
• Hoover v. Beto
  467 F.2d 516· 5th Cir.· 1972-08-09 ·cited 49×
  The court held that the introduction of an unsworn confession without the declarant being subject to cross-examination denied the defendant a fair trial, and this error was not harmless.
• Covington v. Harris
  419 F.2d 617· D.C. Cir.· 1969-03-14 ·cited 49×·via Habeas Corpus Proceedings
  The court held that the record was inadequate to determine if the hospital's decision to keep the appellant in maximum security was permissible and reasonable, requiring a remand for further proceedings.
• State of Fla. Ex rel. Daisy Wilson v. Quigg
  154 Fla. 348· Fla.· 1944-04-18 ·cited 49×·via Writ Of Habeas Corpus
  The Florida Supreme Court reversed a habeas corpus judgment, holding that a circuit court cannot issue a search warrant for alleged violations of a municipal ordinance that is made returnable to a municipal court, as such warrants must comply strictly with state statutory provisi
• Jones v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  906 F.3d 1339· 11th Cir.· 2018-10-29 ·cited 48×
  Philip Walter Jones was convicted of aggravated domestic battery in 2006 and sentenced to 20 years imprisonment. Six years after his conviction became final, he filed a Rule 3.850 motion alleging newly discovered evidence that his trial counsel failed to inform him of a ten-year
• Walton v. State
  847 So. 2d 438· Fla.· 2003-05-29 ·cited 48×·via Writ Of Habeas Corpus
  Jason Dirk Walton appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 challenging his conviction for three counts of first-degree murder and three death sentences. The Florida Supreme Court affirms the trial court's denial, fi
• Walton v. Dugger
  634 So. 2d 1059· Fla.· 1993-05-27 ·cited 48×·via Writ Of Habeas Corpus
  Death row inmate Jason Walton appealed denial of his Rule 3.850 post-conviction relief motion, raising fourteen issues including claims about access to public records needed to investigate his case. The Florida Supreme Court held that capital defendants are entitled to public rec
• Graham v. Collins
  950 F.2d 1009· 5th Cir.· 1992-01-03 ·cited 48×
  The dissent argues that the jury's assessment of mitigating factors, such as youth and family circumstances, is not fully captured by questions about deliberateness and future danger.
• Smittie v. A.L. Lockhart
  843 F.2d 295· 8th Cir.· 1988-03-31 ·cited 48×
  A federal court must dismiss a habeas petition if the petitioner fails to demonstrate cause and prejudice for not exhausting state remedies, even if state remedies are futile.
• Campbell v. Kincheloe
  829 F.2d 1453· 9th Cir.· 1987-10-06 ·cited 48×
  The dissenting judge argues that the failure of Campbell's counsel to present mitigating circumstances at sentencing deprived him of his Sixth Amendment right to effective assistance of counsel.
• Marino v. Vasquez
  812 F.2d 499· 9th Cir.· 1987-03-09 ·cited 48×
  The court held that jury misconduct involving an unauthorized dictionary definition of malice and an out-of-court experiment created a reasonable possibility of prejudice, warranting habeas relief for murder and attempted murder convictions, but not for felony false imprisonment.
• McCRAE v. Louie L. Wainwright
  439 So. 2d 868· Fla.· 1983-09-15 ·cited 48×·via Writ Of Habeas Corpus
  James McCrae, a death row inmate, petitioned for habeas corpus relief challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court rejected all three claims of ineffective assistance of counsel and denial of due process, holding that issues not
• Shriner v. Louie L. Wainwright
  715 F.2d 1452· 11th Cir.· 1983-09-09 ·cited 48×
  The court held that the denial of the habeas corpus petition was proper, as there were no constitutional infirmities in the state proceedings regarding Shriner's conviction or sentence.
• Proffitt v. Louie L. Wainwright
  706 F.2d 311· 11th Cir.· 1983-05-31 ·cited 48×·via Habeas Corpus Relief
  The court modified its prior opinion, clarifying that even if the right to presence in a capital case is waivable, the defendant did not effectively waive it in this instance. The court also noted a pending Supreme Court case that may impact the analysis of aggravating circumstan
• Hill v. Linahan
  697 F.2d 1032· 11th Cir.· 1983-02-11 ·cited 48×
  The court held that the district court erred by dismissing the habeas petition under Rule 9(a) without providing the petitioner notice and an opportunity to be heard, and because the respondent failed to make a particularized showing of prejudice caused by the delay.
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×·via Writ Of Habeas Corpus
  A prosecutor's actions in plea bargaining are protected by absolute immunity under 42 U.S.C. § 1983, and damages cannot be recovered for harm resulting from such conduct.
• Darrett Bernard Baker v. Honorable Don Metcalfe
  633 F.2d 1198· 5th Cir.· 1981-01-09 ·cited 48×
  The court held that prosecutorial overreaching sufficient to bar retrial under double jeopardy requires bad faith, intentional, or grossly negligent misconduct that seriously prejudices the defendant.
• Trujillo v. Trujillo
  378 So. 2d 812· Fla. 3d DCA· 1979-12-11 ·cited 48×·via Writ Of Habeas Corpus
  A Florida appellate court reversed a trial court's modification of a New York custody decree, holding that Florida lacked jurisdiction under the Uniform Child Custody Jurisdiction Act to modify the decree after the mother's drug charges were dismissed. The court emphasized that F
• Swicegood v. State OF Ala.
  577 F.2d 1322· 5th Cir.· 1978-08-11 ·cited 48×
  The court held that while the Fourth Amendment claim regarding the arrest was barred by Stone v. Powell, the lineup identification procedures were so suggestive and unreliable as to violate due process.
• Hooker v. Klein
  573 F.2d 1360· 9th Cir.· 1978-05-03 ·cited 48×·via Writ Of Habeas Corpus
  The court affirms the denial of the writ of habeas corpus, but the concurring opinion suggests a broader review for the government in extradition cases.
• Petition of Josette Geisser v. United States
  554 F.2d 698· 5th Cir.· 1977-06-22 ·cited 48×
  The court should not enforce plea bargain provisions that attempt to modify or abrogate a U.S. treaty, as treaties are the supreme law of the land.
• Davis v. State
  277 So. 2d 300· Fla. 2d DCA· 1973-04-19 ·cited 48×·via Writ Of Habeas Corpus
  Earl Davis appealed his guilty pleas and sentences for robbery, extortion, breaking and entering, and petit larceny, claiming he was denied the right to appeal. The court held that Davis's guilty pleas were freely and voluntarily given with full knowledge of consequences, but rem
• Johnson v. Beto
  466 F.2d 478· 5th Cir.· 1972-08-25 ·cited 48×·via Application For Writ Of Habeas Corpus
  A guilty plea induced by a prosecutor's promise, even if the prosecutor cannot guarantee the sentence, is involuntary and subject to collateral attack.
• Byrd v. Smith
  407 F.2d 363· 5th Cir.· 1969-02-04 ·cited 48×
  The court held that a petitioner denied an out-of-time appeal due to counsel's ineffectiveness is entitled to relief, modifying the district court's order to require an out-of-time appeal rather than immediate retrial or release.
• Commonwealth OF Pa. ex rel. George W. Craig v. Maroney
  348 F.2d 22· 3d Cir.· 1965-06-30 ·cited 48×·via Writ Of Habeas Corpus
  The court held that the petitioner's confession was admissible, as it was not tainted by an alleged illegal arrest and was made voluntarily despite the circumstances. The court also held that evidence obtained from a warrantless search was inadmissible under Mapp v. Ohio, but Map
• United States ex rel. James J. Savini v. Jackson
  250 F.2d 349· 2d Cir.· 1957-11-29 ·cited 48×
  The court held that a state prisoner's sentence, enhanced based on a prior conviction obtained without advising him of his right to counsel, is unconstitutional and subject to habeas corpus relief.
• Jordan v. United States Dist. Court FOR THE Dist. OF Columbia
  233 F.2d 362· D.C. Cir.· 1956-04-19 ·cited 48×·via Habeas Corpus Relief
  The court held that the additional five-year penalty for committing a crime of violence while armed with a firearm must be charged in the indictment and found by the jury. The court also found that the petitioner's other claims did not warrant an evidentiary hearing.
• Barnhill v. State
  971 So. 2d 106· Fla.· 2007-10-25 ·cited 47×·via Writ Of Habeas Corpus
  Arthur Barnhill III, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding no ineffective a
• Wydell Jody Evans v. State
  946 So. 2d 1· Fla.· 2006-10-05 ·cited 47×·via Writ Of Habeas Corpus
  Wydell Evans was convicted of first-degree murder and sentenced to death for shooting his brother's girlfriend. On appeal of a post-conviction relief motion, the Florida Supreme Court affirmed the denial of Evans' ineffective assistance of counsel claims and denied his habeas pet
• Meola v. Dep't OF Corr.
  732 So. 2d 1029· Fla.· 1998-12-24 ·cited 47×·via Writ Of Habeas Corpus
  Three Florida inmates challenged the Department of Corrections' cancellation of their previously awarded Provisional Credits under overcrowding reduction statutes, claiming violations of the Ex Post Facto Clause, Due Process, and Equal Protection. The Florida Supreme Court denied
• Buenoano v. State
  708 So. 2d 941· Fla.· 1998-03-26 ·cited 47×·via Writ Of Habeas Corpus
  Judy Buenoano, sentenced to death for the 1971 arsenic murder of her husband James Goodyear, appeals the denial of her third postconviction relief motion. The Florida Supreme Court affirms the trial court's summary denial, finding no Brady violation, newly discovered evidence, or
• Bowles v. Singletary
  698 So. 2d 1201· Fla.· 1997-06-26 ·cited 47×·via Writ Of Habeas Corpus
  David Bowles petitioned for habeas corpus challenging the forfeiture of his gain time credits after his Control Release (early release program) was revoked for violating supervision conditions. The Florida Supreme Court held that by voluntarily accepting the Control Release progr
• Moore v. Balkcom
  716 F.2d 1511· 11th Cir.· 1983-09-30 ·cited 47×
  The court held that a federal habeas court should not re-examine a state supreme court's proportionality review, and that a death sentence under the Georgia scheme is not invalid if based partly on non-statutory aggravating factors, provided at least one valid statutory factor su
• United States v. Auten
  632 F.2d 478· 5th Cir.· 1980-12-08 ·cited 47×·via Petition For Habeas Corpus Relief
  The court held that the government's failure to disclose a key witness's criminal record, which was constructively known to the prosecution, constituted a Brady violation, requiring a remand for an evidentiary hearing.
• Louis v. Blackburn
  630 F.2d 1105· 5th Cir.· 1980-11-19 ·cited 47×·via Application For Writ Of Habeas Corpus
  Due process requires a district judge to personally hear the testimony of witnesses when making an independent credibility determination that is inconsistent with the magistrate's findings.
• Winters v. Cook
  489 F.2d 174· 5th Cir.· 1973-11-28 ·cited 47×
• Bustamante v. Eyman
  456 F.2d 269· 9th Cir.· 1972-02-07 ·cited 47×
  The dissenting judge would hold that the replay of electronically recorded instructions in the defendant's absence was not an error of constitutional dimension and, even if it were, it was harmless error beyond a reasonable doubt.
• Rowe v. Peyton
  383 F.2d 709· 4th Cir.· 1967-08-28 ·cited 47×
  The writ of habeas corpus is available to state prisoners seeking to attack future sentences, even if those sentences have no present effect on parole eligibility, because the prisoners are substantively in custody for all consecutive sentences.
• Thomas v. Cunningham
  313 F.2d 934· 4th Cir.· 1963-01-08 ·cited 47×
  A state court's refusal to suspend a trial for a preliminary inquiry into the defendant's sanity, despite uncontroverted expert testimony suggesting psychosis, constitutes a denial of due process.