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

• Ex parte Corpus
  28 Fla. 67· Fla.· 1891-06-01 ·cited 47×·via Habeas Corpus Relief
  William Pells sought habeas corpus relief from confinement in county jail for non-payment of a fine imposed in his aggravated assault conviction. The Florida Supreme Court held that a newly enacted statute allowing discharge after 60 days of confinement for inability to pay fines
• Williamson v. State
  994 So. 2d 1000· Fla.· 2008-10-08 ·cited 46×·via Writ Of Habeas Corpus
  Dana Williamson, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed most claims but reversed and remanded cla
• Grim v. State
  971 So. 2d 85· Fla.· 2007-10-04 ·cited 46×·via Writ Of Habeas Corpus
  Norman Grim, a death row inmate, appealed the denial of his motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's order, rejecting multiple claims of ineffective assistance of counsel, Brady violations, a
• Knight v. State
  923 So. 2d 387· Fla.· 2005-11-03 ·cited 46×·via Writ Of Habeas Corpus
  Askari Abdullah Muhammad (formerly Thomas Knight) appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus in this death penalty case. The Florida Supreme Court affirms the circuit court's summary denial of all postconviction
• Broom v. State
  907 So. 2d 1261· Fla. 3d DCA· 2005-08-03 ·cited 46×·via Writ Of Habeas Corpus
  Anthony Broom appealed the denial of his habeas corpus petition by the Miami-Dade Circuit Court. The Third District reversed, holding that the Miami-Dade court lacked jurisdiction to consider collateral attacks on his conviction and sentence, which must be brought in the county w
• Loran Cole v. State
  841 So. 2d 409· Fla.· 2003-01-16 ·cited 46×·via Writ Of Habeas Corpus
  Loran Cole, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all claims, rejecting ineffective assistance of trial counsel arguments under Str
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×·via Writ Of Habeas Corpus
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because
• Kubat v. Thieret
  867 F.2d 351· 7th Cir.· 1989-01-24 ·cited 46×
  The court affirmed the district court's denial of habeas corpus relief regarding the conviction, but affirmed the grant of relief regarding the death sentence.
• Sotelo v. Ind. State Prison & Linley E. Pearson
  850 F.2d 1244· 7th Cir.· 1988-06-29 ·cited 46×
  The court's opinion, which the author concurs with, applies de novo appellate review to the ultimate issue of confession voluntariness. However, the author argues this approach is incorrect.
• Kennedy v. Louie L. Wainwright
  483 So. 2d 424· Fla.· 1986-02-12 ·cited 46×·via Writ Of Habeas Corpus
  Edward Kennedy, a death row inmate, petitioned for habeas corpus relief challenging his capital convictions and death sentences on grounds that prospective jurors opposed to capital punishment were unconstitutionally excluded from his jury, and that he received ineffective assist
• Nutall v. Greer
  764 F.2d 462· 7th Cir.· 1985-06-11 ·cited 46×
  A convicted state prisoner who fails to seek leave to appeal to the highest state court waives constitutional objections unless they show cause for the default and prejudice from the alleged infirmities.
• United States ex rel. Raymond Burke v. Greer
  756 F.2d 1295· 7th Cir.· 1985-03-13 ·cited 46×
  The court held that the prosecutor's repeated indirect references to the defendants' failure to testify were constitutionally impermissible and not harmless error, requiring a new trial.
• Owens v. Louie L. Wainwright
  698 F.2d 1111· 11th Cir.· 1983-02-22 ·cited 46×
  The court held that the petitioner's guilty plea was voluntary and knowing, his counsel was effective, and the challenged statute was constitutional.
• Grooms v. Louie L. Wainwright
  610 F.2d 344· 5th Cir.· 1980-01-25 ·cited 46×
  The court held that the state did not violate appellant's right against double jeopardy by retrying him after a mistrial, nor was he denied due process due to a juror's alleged remark, as the trial judge acted within his discretion.
• Moran v. Estelle
  607 F.2d 1140· 5th Cir.· 1979-12-07 ·cited 46×
  The court held that a state court's adjudication of a constitutional claim on its merits, despite a procedural default, allows federal habeas review, and that a simple minute entry is insufficient to prove a knowing and intelligent waiver of counsel.
• Tules v. Zapata
  588 F.2d 1017· 5th Cir.· 1979-02-02 ·cited 46×
  The court held that the combined testimony of two doctors raised a substantial doubt about the petitioner's competency to stand trial, requiring a remand for an evidentiary hearing.
• Wilwording v. Swenson
  502 F.2d 844· 8th Cir.· 1974-09-10 ·cited 46×
  The court held that the petitioner's claim of punishment without any evidence is cognizable in habeas corpus and not barred by res judicata, collateral estoppel, controlling weight, or waiver, and is not foreclosed by the nonretroactivity of Wolff v. McDonnell.
• Ralph v. Warden, Maryland Penitentiary
  438 F.2d 786· 4th Cir.· 1970-12-11 ·cited 46×
  The court held that the imposition of the death penalty for rape, where the victim's life was not taken or endangered, violates the Eighth Amendment's prohibition against cruel and unusual punishment.
• United States ex rel. George Angelet v. Honorable Edward M. FAY
  333 F.2d 12· 2d Cir.· 1964-06-11 ·cited 46×
  The dissenting judge argues that the Mapp v. Ohio decision, establishing the exclusionary rule for illegally seized evidence, should apply retroactively to convictions predating the decision, as it declares a fundamental constitutional right.
• Hall v. Warden, Maryland Penitentiary
  313 F.2d 483· 4th Cir.· 1963-01-17 ·cited 46×
• United States ex rel. Joseph Marcial v. FAY
  247 F.2d 662· 2d Cir.· 1957-08-16 ·cited 46×
  Federal courts should not intervene in state criminal proceedings unless there's a clear showing of fundamental unfairness or injustice, even if the defendant lacked counsel.
• Anton Krawczuk v. State
  92 So. 3d 195· Fla.· 2012-04-12 ·cited 45×·via Writ Of Habeas Corpus
  Anton Krawczuk appeals the denial of his motion to vacate his conviction and death sentence for first-degree murder, raising claims of ineffective assistance of counsel, judicial bias, prosecutorial misconduct, and insufficient mitigation investigation. The Florida Supreme Court
• Quince v. Crosby
  360 F.3d 1259· 11th Cir.· 2004-02-18 ·cited 45×
  The Eleventh Circuit affirmed the district court's denial of habeas relief, holding that a claim challenging a state judge's recusal in a collateral proceeding is not cognizable on federal habeas review. The court also found no ineffective assistance of counsel based on the trial
• Lightbourne v. State
  742 So. 2d 238· Fla.· 1999-07-08 ·cited 45×
  Ian Lightbourne was convicted and sentenced to death for the 1981 murder of Nancy O'Farrell. On postconviction appeal, the Florida Supreme Court considered challenges to the credibility of jailhouse informants whose testimony was critical to the conviction and sentence. The court
• Evans v. Singletary
  737 So. 2d 505· Fla.· 1999-06-17 ·cited 45×·via Writ Of Habeas Corpus
  Andre Evans petitioned for habeas corpus challenging the Florida Parole Commission's authority to place him on Conditional Release supervision and revoke it after he violated supervision terms. The Florida Supreme Court held that while the State cannot transfer Conditional Releas
• Paschal v. Louie L. Wainwright
  738 F.2d 1173· 11th Cir.· 1984-08-13 ·cited 45×
  The court held that the Florida Parole and Probation Commission's application of the Objective Parole Guidelines Act of 1978 did not violate the ex post facto clause because it did not substantively alter the petitioner's parole eligibility or increase his punishment.
• Elwood C. Barclay v. Louie L
  444 So. 2d 956· Fla.· 1984-01-19 ·cited 45×·via Writ Of Habeas Corpus
  Barclay sought habeas corpus relief from his death sentence for first-degree murder, arguing his appellate counsel had a conflict of interest by simultaneously representing both him and his co-defendant Dougan, and that counsel provided ineffective assistance. The Florida Supreme
• Niziolek v. Ashe
  694 F.2d 282· 1st Cir.· 1982-11-24 ·cited 45×·via Writ Of Habeas Corpus
  The court held that the Rose v. Lundy 'total exhaustion' rule does not require a federal appellate court to decline review of a district court decision on the merits of exhausted claims in a mixed petition when the district court opinion issued before Rose or so close in time as
• Doughty v. Beto
  396 F.2d 128· 5th Cir.· 1968-06-19 ·cited 45×
  A chronic alcoholic's imprisonment for theft by false pretenses does not constitute cruel and unusual punishment, and court-appointed counsel's assistance was effective.
• Johnston v. Honorable Rabe F. Marsh
  227 F.2d 528· 3d Cir.· 1955-11-30 ·cited 45×·via Habeas Corpus Proceedings
  The court held that the district judge acted within his jurisdiction in admitting a state prisoner to bail pending a habeas corpus hearing.
• State v. Horne
  52 Fla. 125· Fla.· 1906-06-01 ·cited 45×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that a conditional pardon remains enforceable even after the specific time period mentioned in the original sentence expires, and that violation of pardon conditions at any time renders the pardon void and subjects the parolee to re-imprisonment for
• Ferrell v. State
  918 So. 2d 163· Fla.· 2005-06-16 ·cited 44×·via Writ Of Habeas Corpus
  Jack Dempsey Ferrell, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas petition challenging his death sentence. The Florida Supreme Court affirmed the trial court's denial of relief on all claims, including ineffective assistance
• Marshall v. Crosby
  911 So. 2d 1129· Fla.· 2005-05-26 ·cited 44×·via Habeas Corpus Relief
  Matthew Marshall, a death row inmate, petitioned for habeas corpus relief challenging his death sentence for a 1988 murder, raising claims of ineffective appellate counsel, constitutional violations under Apprendi and Ring, and arbitrary application of Florida's jury override sta
• Johnson v. State
  903 So. 2d 888· Fla.· 2005-03-31 ·cited 44×·via Writ Of Habeas Corpus
  Ronnie Johnson, sentenced to death for two 1989 murders, appeals the denial of his Rule 3.850 post-conviction motion raising claims of ineffective assistance of counsel and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the circuit court's denial of all
• Phillips v. State
  894 So. 2d 28· Fla.· 2004-10-14 ·cited 44×·via Writ Of Habeas Corpus
  Harry Franklin Phillips, a death row inmate, appealed the denial of his amended postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of postconvictio
• Deaton v. Dugger
  635 So. 2d 4· Fla.· 1993-10-07 ·cited 44×·via Writ Of Habeas Corpus
  Jason Deaton appealed the denial of his postconviction relief motion challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the denial of relief as to the conviction but affirmed the trial court's grant of relief as to the sentence,
• Winford L. Stokes, Jr. v. Armontrout
  851 F.2d 1085· 8th Cir.· 1988-07-13 ·cited 44×
  The court held that the State was not obligated to renew its plea offer after the defendant repudiated it, and that the defendant's counsel's strategic decision not to pursue certain claims on appeal did not constitute ineffective assistance, thus affirming the denial of the habe
• Clark v. Dugger
  834 F.2d 1561· 11th Cir.· 1987-12-15 ·cited 44×
  The court held that the trial court did not err in denying the defendant's request for a psychiatric expert because the defendant failed to make a preliminary showing that his sanity was a significant factor at trial. The court also found no constitutional violations regarding ju
• Stano Perri v. Dir., Dep't OF Corr., State OF Ill.
  817 F.2d 448· 7th Cir.· 1987-04-29 ·cited 44×
  The court held that a state court's determination of whether a defendant knowingly and intelligently waived Miranda rights is a factual finding entitled to the presumption of correctness under 28 U.S.C. § 2254(d).
• In re the Petition of Carl Hill for Writ of Habeas Corpus. Carl Basil Angelo Hill v. United States Immigr. & Naturalization Serv.
  775 F.2d 1037· 9th Cir.· 1985-11-01 ·cited 44×·via Habeas Corpus Proceedings
  The court held that the Equal Access to Justice Act (EAJA) does not apply to habeas corpus proceedings challenging immigration exclusion policies, and that the government's position was substantially justified, thus denying attorneys' fees.
• Martin v. Kemp
  760 F.2d 1244· 11th Cir.· 1985-05-21 ·cited 44×
  The court held that a guilty plea induced by threats against a third party is not an absolute bar to challenging the plea's voluntariness, and a remand for an evidentiary hearing is necessary if the state did not have probable cause for the threats.
• Williams v. Griswald
  743 F.2d 1533· 11th Cir.· 1984-10-11 ·cited 44×
  The court held that the petitioner's allegations regarding the knowing use of perjured testimony were sufficient to warrant an evidentiary hearing, but insufficient regarding prejudicial publicity.
• Darden v. Louie L. Wainwright
  725 F.2d 1526· 11th Cir.· 1984-02-22 ·cited 44×
  The court held that the disqualification of a prospective juror based on opposition to the death penalty was improper without a clear showing that the juror would automatically vote against imposition of capital punishment regardless of the evidence.
• Hill v. Louie L. Wainwright
  617 F.2d 375· 5th Cir.· 1980-05-05 ·cited 44×
  The court held that the petitioner's speedy trial rights were not violated, and his claims of prosecutorial misconduct and ineffective assistance of counsel were without merit.
• Smith v. United States
  577 F.2d 1025· 5th Cir.· 1978-08-07 ·cited 44×·via Habeas Corpus Relief
  A parolee is not automatically entitled to release due to a delay in a final revocation hearing beyond 90 days if there is no intentional violation, no demand for a hearing until after the period expired, no prejudice from the delay, and the revocation results from a new offense.
• United States v. Loschiavo
  531 F.2d 659· 2d Cir.· 1976-03-03 ·cited 44×·via Habeas Corpus Relief
  A federal court of appeals decision clarifying that a specific individual was not a federal official under 18 U.S.C. § 201 can constitute a change in law allowing for collateral relief under § 2255, even if the issue was not squarely raised on direct appeal.
• United States ex rel. Martin Sostre v. Festa
  513 F.2d 1313· 2d Cir.· 1975-03-31 ·cited 44×
  The court affirmed the district court's denial of habeas corpus relief, finding no clear error in the trial judge's credibility determination.
• Goodwin v. Smith
  439 F.2d 1180· 5th Cir.· 1971-03-08 ·cited 44×
  The court held that the material facts were not adequately developed at the state habeas hearing, entitling the petitioner to an evidentiary hearing in federal court.
• Bretti v. Louie L. Wainwright
  439 F.2d 1042· 5th Cir.· 1971-02-24 ·cited 44×
  The court held that the introduction of a driver's license found during a search of the appellant's apartment was permissible, and the denial of a severance motion was not an abuse of discretion.
• 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.