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

• Carroll E. Wade v. Louie L. Wainwright
  420 F.2d 898· 5th Cir.· 1969-12-23 ·cited 44×
  A guilty plea entered without understanding the maximum potential sentence is involuntary and violates due process.
• Horace v. Culver
  111 So. 2d 670· Fla.· 1959-05-06 ·cited 44×·via Writ Of Habeas Corpus
  A prior adjudication of incompetence, not overcome by proof of current sanity, renders subsequent guilty pleas and sentences void, and habeas corpus is the proper remedy.
• Buchanan v. State of Fla. & Nathan Mayo
  111 So. 2d 51· Fla. 1st DCA· 1959-04-21 ·cited 44×·via Writ Of Habeas Corpus
  Edward Buchanan petitioned for habeas corpus challenging his convictions and 20-year consecutive sentences for lewd and lascivious conduct with a 13-year-old girl under Florida's Child Molester Act. The appellate court upheld the dismissal of his habeas petition but reversed and
• Moss v. Hunter
  167 F.2d 683· 10th Cir.· 1948-04-26 ·cited 44×
  A petitioner is not deprived of effective assistance of counsel merely because he later believes the representation was ineffective, and the trial court correctly found the petitioner understood the charges and his capacity to defend.
• Wickham v. State
  124 So. 3d 841· Fla.· 2013-05-02 ·cited 43×·via Writ Of Habeas Corpus
  Jerry Michael Wickham, convicted of first-degree murder and sentenced to death in 1986, appeals the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the deni
• Thompson v. State
  88 So. 3d 312· Fla. 4th DCA· 2012-05-02 ·cited 43×·via Habeas Corpus Proceedings
  The Fourth District Court of Appeal affirmed the summary denial of Charles Thompson's Rule 3.850 postconviction motion seeking relief based on claims of ineffective assistance of counsel regarding his trial competency. The court clarified the legal standards distinguishing betwee
• Jones v. Butler
  864 F.2d 348· 5th Cir.· 1988-12-21 ·cited 43×
  A contemporaneous objection to the use of peremptory challenges to exclude jurors based on race is a necessary predicate for later raising a Batson claim, even in federal habeas corpus proceedings.
• Doyle v. State
  526 So. 2d 909· Fla.· 1988-06-23 ·cited 43×·via Writ Of Habeas Corpus
  Daniel Lee Doyle, a death row inmate, sought a writ of habeas corpus and review of the denial of his 3.850 motion for post-conviction relief on claims including Caldwell impropriety, ineffective assistance of counsel, interrogation violations, and execution of the mentally retard
• Wardell Riley v. Louie L. Wainwright
  517 So. 2d 656· Fla.· 1987-09-03 ·cited 43×·via Writ Of Habeas Corpus
  Florida Supreme Court granted habeas corpus relief to a death row inmate, Wardell Riley, finding that his 1976 jury sentencing recommendation violated Lockett v. Ohio because the jury was improperly restricted to considering only statutory mitigating factors rather than all relev
• Fallada v. Dugger
  819 F.2d 1564· 11th Cir.· 1987-06-24 ·cited 43×
  The court held that the defendant's due process rights were not violated by the failure to hold an additional competency hearing during trial, the evidence was sufficient to support the robbery conviction, the prosecutor's comments did not deny a fair trial, and convictions for f
• Jarrell v. Balkcom
  735 F.2d 1242· 11th Cir.· 1984-06-20 ·cited 43×·via Habeas Corpus Relief
  The court held that the petitioner's confession was not tainted by an illegal arrest, unlawful inducement, or stale Miranda warnings, and that the trial court conducted an adequate voluntariness hearing.
• Chaney v. Brown
  730 F.2d 1334· 10th Cir.· 1984-03-21 ·cited 43×
  The court held that the withheld exculpatory evidence, while not affecting the murder conviction, might have influenced the jury's decision to impose the death penalty, thus violating due process.
• Baldwin v. Maggio
  704 F.2d 1325· 5th Cir.· 1983-05-16 ·cited 43×
  The court held that the petitioner's claims of ineffective assistance of counsel, both at the guilt and sentencing phases, were without merit because the alleged deficiencies did not demonstrate actual, substantial prejudice to the defense.
• Quinton Bowen v. State OF Tenn.
  698 F.2d 241· 6th Cir.· 1983-01-14 ·cited 43×
• United States ex rel. Dominick Caruso v. Zelinsky
  689 F.2d 435· 3d Cir.· 1982-09-22 ·cited 43×
  The court held that a state prisoner's procedural default in failing to raise claims within state time limits requires a showing of cause and prejudice for federal habeas corpus relief, and remanded for factual findings on whether Caruso demonstrated cause and prejudice.
• Rosin v. Anderson
  155 Fla. 673· Fla.· 1945-03-06 ·cited 43×·via Writ Of Habeas Corpus
  The court held that the information failed to charge any offense against the accused, thus entitling him to discharge.
• State of Fla. ex rel. Helen D. Perky v. Jefferson B. Browne
  105 Fla. 631· Fla.· 1932-06-06 ·cited 43×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a circuit court in one judicial circuit lacks jurisdiction to discharge a person detained under a writ of ne exeat properly issued by a circuit court in another judicial circuit through habeas corpus proceedings, unless the original writ is voi
• Diaz v. State
  132 So. 3d 93· Fla.· 2013-11-21 ·cited 42×·via Writ Of Habeas Corpus
  Joel Diaz appeals the denial of his motion to vacate his death sentence for first-degree murder and his motion claiming ineligibility for execution due to mental retardation. The Florida Supreme Court affirmed the postconviction court's rejection of multiple claims of juror misco
• Reynolds v. State
  99 So. 3d 459· Fla.· 2012-09-27 ·cited 42×·via Writ Of Habeas Corpus
  Michael Gordon Reynolds appeals denial of his motion to vacate convictions for first-degree murder of Robin and Christina Razor and sentences of death, and petitions for writ of habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief, rejecting his cl
• State v. Larzelere
  979 So. 2d 195· Fla.· 2008-02-28 ·cited 42×·via Writ Of Habeas Corpus
  Virginia Larzelere was convicted of murdering her husband and sentenced to death. The Florida Supreme Court affirmed the denial of her motion to vacate her conviction but affirmed the trial court's grant of a new sentencing proceeding, finding that her trial counsel provided inef
• S.B. v. Dep't OF Child. & Families
  851 So. 2d 689· Fla.· 2003-07-10 ·cited 42×·via Writ Of Habeas Corpus
  In civil dependency proceedings that do not involve the possibility of criminal charges or permanent termination of parental rights, there is no constitutional right to counsel, and thus no right to collaterally challenge the effectiveness of court-appointed counsel.
• Rogers v. Singletary
  698 So. 2d 1178· Fla.· 1996-11-27 ·cited 42×·via Writ Of Habeas Corpus
  Jerry Layne Rogers petitioned for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a Faretta self-representation claim on direct appeal. The Florida Supreme Court denied the petition, holding that the trial court properly inquired into Roge
• Frey v. Fulcomer
  974 F.2d 348· 3d Cir.· 1992-08-20 ·cited 42×
  The dissenting judge holds that the defendant's counsel's reliance on an unconstitutional statute during the penalty phase constituted ineffective assistance, creating a reasonable probability of a different outcome and thus prejudice under Strickland v. Washington.
• Marek v. Dugger
  547 So. 2d 109· Fla.· 1989-05-11 ·cited 42×·via Writ Of Habeas Corpus
  The court held that the trial court properly denied Marek's motion to vacate judgment and sentence and his petition for habeas corpus relief.
• Miller v. Henman
  804 F.2d 421· 7th Cir.· 1986-10-31 ·cited 42×
  Internal Bureau of Prisons policies and procedures, not promulgated as formal rules under the Administrative Procedure Act, do not create a constitutionally protected liberty or property interest for prisoners regarding their place of confinement or classification.
• Cartee v. Crispus NIX
  803 F.2d 296· 7th Cir.· 1986-10-08 ·cited 42×
  The court held that petitioners failed to establish cause and prejudice for their procedural defaults in state court regarding jury instructions and that their claims of ineffective assistance of counsel lacked merit.
• Earnest Knighton, Jr. v. Maggio
  740 F.2d 1344· 5th Cir.· 1984-08-27 ·cited 42×
  The court held that the petitioner did not receive ineffective assistance of counsel and denied his habeas corpus petition.
• Winfield C. Patterson v. Cuyler
  729 F.2d 925· 3d Cir.· 1984-03-13 ·cited 42×
  The court held that the state court's findings regarding custody and the voluntariness of the waiver of Miranda rights were entitled to a presumption of correctness under 28 U.S.C. § 2254(d) and were supported by the record.
• Johnson v. W.J. Estelle, Jr.
  704 F.2d 232· 5th Cir.· 1983-05-06 ·cited 42×
  The court held that the district court erred in dismissing the claim of ineffective assistance of counsel without an evidentiary hearing, as the allegations, if true, could establish a constitutional violation.
• Jacks v. Duckworth
  651 F.2d 480· 7th Cir.· 1981-06-10 ·cited 42×
  The dissenting judge argues that the state trial court's use of Instruction No. 5 impermissibly shifted the burden of proof on an essential element of the crime, and the admission of the defendant's request to speak to a lawyer was prejudicial error.
• Dezso John Lokos v. Capps
  625 F.2d 1258· 5th Cir.· 1980-09-18 ·cited 42×
  The court held that the Alabama trial court violated the petitioner's constitutional rights by failing to conduct an adequate inquiry into his competency to stand trial, and that the petitioner was in fact incompetent.
• Isadore Hodges, Jr. v. Rose
  570 F.2d 643· 6th Cir.· 1978-02-14 ·cited 42×
  The admission of one defendant's redacted confession, which still implicitly implicated the codefendant, violated the Bruton rule, but the error was harmless beyond a reasonable doubt due to overwhelming independent evidence of guilt.
• Grasso v. Norton
  520 F.2d 27· 2d Cir.· 1975-06-23 ·cited 42×·via Habeas Corpus Proceedings
  The court held that the Parole Board's practices do not provide (a)(2) prisoners with as effective and meaningful parole consideration as other prisoners, failing to give sufficient weight to rehabilitation.
• Vance v. State OF N.C.
  432 F.2d 984· 4th Cir.· 1970-10-05 ·cited 42×
  The court held that the Sixth Amendment right to counsel extends to preliminary hearings, but affirmed the dismissal of claims regarding an unduly suggestive lineup and the admission of evidence seized incident to an arrest under an invalid warrant.
• Thaddeus King, Jr. v. Beto
  429 F.2d 221· 5th Cir.· 1970-07-06 ·cited 42×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner was denied effective assistance of counsel, violating his Sixth and Fourteenth Amendment rights.
• United States ex rel. Anthony Bruno v. Ross E. Herold, M.D.
  408 F.2d 125· 2d Cir.· 1969-02-14 ·cited 42×
  The court held that the petitioner was not denied his constitutional right to a public trial because the partial exclusion of spectators was a reasonable exercise of judicial discretion to protect a witness and ensure an orderly trial, and any potential issue was waived by counse
• Petition of Joseph Ernst for a Writ of Habeas Corpus
  294 F.2d 556· 3d Cir.· 1961-08-31 ·cited 42×
• Derrick v. State
  983 So. 2d 443· Fla.· 2008-02-07 ·cited 41×·via Writ Of Habeas Corpus
  Samuel Jason Derrick was convicted of first-degree murder and sentenced to death for the 1987 killing of Rama Sharma. In this postconviction proceeding, the Florida Supreme Court affirmed the denial of Derrick's rule 3.850 motion for postconviction relief and rejected his petitio
• Belcher v. State
  961 So. 2d 239· Fla.· 2007-06-14 ·cited 41×·via Writ Of Habeas Corpus
  James Belcher appeals the circuit court's denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms
• Elledge v. State
  911 So. 2d 57· Fla.· 2005-06-09 ·cited 41×·via Writ Of Habeas Corpus
  William Duane Elledge, on death row for over 20 years following the 1974 murder of Margaret Anne Strack, appealed the trial court's denial of his Rule 3.850 postconviction relief motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the denial, reject
• Cooper v. State
  856 So. 2d 969· Fla.· 2003-06-26 ·cited 41×·via Writ Of Habeas Corpus
  Richard M. Cooper, sentenced to death for three murders in 1982, appealed the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial, finding a
• Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr.
  768 So. 2d 1257· Fla. 1st DCA· 2000-10-18 ·cited 41×·via Writ Of Habeas Corpus
  Lawrence Scott Andrews appeals the dismissal of his false imprisonment and negligence claims against the Florida Parole Commission and Department of Corrections. The court affirms dismissal, holding that the Commission acts in a quasi-judicial capacity entitled to judicial immuni
• Redner v. Dean
  29 F.3d 1495· 11th Cir.· 1994-08-26 ·cited 41×
  Joseph Redner challenged the constitutionality of a Citrus County, Florida ordinance regulating adult entertainment establishments after being convicted of operating such a facility without a license. The district court granted Redner's habeas corpus petition, finding the ordinan
• Bryan v. Dugger
  641 So. 2d 61· Fla.· 1994-06-16 ·cited 41×·via Writ Of Habeas Corpus
  Anthony Bryan, convicted of robbery, kidnapping, and murder, challenged his death sentence through a Rule 3.850 motion and habeas corpus petition, arguing ineffective assistance of trial and appellate counsel and various constitutional violations in the sentencing process. The Fl
• Preston v. State
  564 So. 2d 120· Fla.· 1990-06-07 ·cited 41×·via Writ Of Habeas Corpus
  Robert Preston appeals the denial of his motion to vacate his death sentence after his prior violent felony conviction (deadly missile) was vacated due to ineffective assistance of counsel. The Florida Supreme Court vacates the death sentence and remands for resentencing because
• Lusk v. Dugger
  890 F.2d 332· 11th Cir.· 1989-11-22 ·cited 41×
  The court held that Lusk failed to demonstrate prejudice from counsel's performance at any stage of the trial and that the Florida courts did not unconstitutionally apply the jury override standard. The denial of relief as to the conviction is affirmed, the grant of relief as to
• Harris v. Pulley
  885 F.2d 1354· 9th Cir.· 1988-07-08 ·cited 41×
  The court held that the extensive pretrial publicity did not create a presumption of prejudice and that the voir dire examination demonstrated the jury was impartial, thus denying the claim of a violation of the right to a fair trial.
• Burkett v. Cunningham
  826 F.2d 1208· 3d Cir.· 1987-07-10 ·cited 41×
  The majority erred in ordering the discharge of convictions based on a flawed 'law of the case' finding of prejudice from sentencing delay.
• Bundy v. State
  497 So. 2d 1209· Fla.· 1986-11-17 ·cited 41×·via Writ Of Habeas Corpus
  The court held that the appellant's claims for post-conviction relief and stay of execution were without merit and procedurally barred, and denied the petition for writ of habeas corpus.
• Wilburn Dobbs v. Kemp
  790 F.2d 1499· 11th Cir.· 1986-05-21 ·cited 41×
  The court held that while the trial court's jury instruction impermissibly shifted the burden of proof on intent, the error was harmless beyond a reasonable doubt due to overwhelming evidence of intent. The court also affirmed the reliability of witness identifications despite su