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

• Darden v. Louie L. Wainwright
  699 F.2d 1031· 11th Cir.· 1983-02-14 ·cited 41×
• Houston Earl Mays v. Balkcom
  631 F.2d 48· 5th Cir.· 1980-11-19 ·cited 41×
• Cates v. Ciccone
  422 F.2d 926· 8th Cir.· 1970-03-19 ·cited 41×·via Writ Of Habeas Corpus
  The court held that a prisoner's pro se petition for a writ of habeas corpus was properly denied as it did not present exceptional circumstances requiring a hearing or appointment of counsel.
• Rowley v. United States
  191 F.2d 949· 8th Cir.· 1951-10-31 ·cited 41×·via Writ Of Habeas Corpus
  The court held that a motion to vacate a sentence cannot be used as a substitute for an appeal, and the sufficiency of an information is not open to collateral attack after conviction unless exceptional circumstances exist.
• Frederick v. Rowe
  105 Fla. 193· Fla.· 1932-04-19 ·cited 41×·via Writ Of Habeas Corpus
  This case concerns whether a writ of prohibition can be used to stop a habeas corpus proceeding. The Florida Supreme Court held that while a circuit court has jurisdiction to issue a writ of habeas corpus, its inquiry is limited when the petitioner is convicted of a felony, and p
• Hendrix v. State
  908 So. 2d 412· Fla.· 2005-07-07 ·cited 40×·via Writ Of Habeas Corpus
  Robert Eugene Hendrix, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and filed a habeas corpus petition challenging his conviction and death sentence for two first-degree murders committed to silence a witness. The Florida Supreme Court affirmed
• Mayes v. Moore
  827 So. 2d 967· Fla.· 2002-09-19 ·cited 40×·via Writ Of Habeas Corpus
  The court held that petitioners are not entitled to relief because the conditional release statute is not a recidivist statute requiring prior notice, the Parole Commission's authority does not violate separation of powers, the statute is not a bill of attainder, and the forfeitu
• Flint v. State
  704 So. 2d 681· Fla. 2d DCA· 1997-12-17 ·cited 40×
• Johnston v. Dugger
  583 So. 2d 657· Fla.· 1991-06-20 ·cited 40×·via Writ Of Habeas Corpus
  David Eugene Johnston, sentenced to death for strangling an 84-year-old woman, appeals the denial of his motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief and rejects his habeas petition, findin
• Burt Beavers v. A.L. Lockhart
  755 F.2d 657· 8th Cir.· 1985-02-25 ·cited 40×
  The court held that a habeas petitioner's claim of ineffective assistance of counsel for failing to challenge the consecutive sentencing decision on appeal warrants an evidentiary hearing, as the record did not demonstrate the trial judge exercised discretion in imposing consecut
• Ryder v. Morris
  752 F.2d 327· 8th Cir.· 1985-01-11 ·cited 40×
  The court held that the defendant's Fourth Amendment claim was barred from federal habeas review under Stone v. Powell, but remanded for a hearing on the defendant's challenge to the legality of his sentence based on an erroneous presentence report.
• Pickens v. A.L. Lockhart
  714 F.2d 1455· 8th Cir.· 1983-08-12 ·cited 40×
  The court held that the defendant's counsel provided ineffective assistance during the penalty phase of his trial by failing to present mitigating evidence, violating the Sixth and Fourteenth Amendments.
• Weathersby v. Morris
  708 F.2d 1493· 9th Cir.· 1983-06-24 ·cited 40×
  The prosecutor's use of peremptory challenges to exclude black persons from the petit jury, based on permissible trial-related considerations, did not violate the defendant's Fourteenth or Sixth Amendment rights.
• Coleman v. Zant
  708 F.2d 541· 11th Cir.· 1983-06-10 ·cited 40×
  The court held that the petitioner is entitled to an evidentiary hearing on the issue of whether pretrial publicity and community atmosphere were so prejudicial as to deny him a fair trial, and that the district court erred in denying discovery and a hearing.
• Wardell Riley v. State
  433 So. 2d 976· Fla.· 1983-06-03 ·cited 40×
  Wardell Riley, convicted of two murders and assault, appealed the trial court's denial of his motion to vacate his death sentence. The Florida Supreme Court affirmed the denial, rejecting Riley's claims of improper jury instructions, ineffective assistance of counsel, arbitrary a
• Hillery Preston v. Maggio
  705 F.2d 113· 5th Cir.· 1983-05-16 ·cited 40×·via Writ Of Habeas Corpus
  The court held that the district court erred in denying habeas corpus relief without considering the merits, as the petitioner may be able to show cause and prejudice for his failure to raise a jury composition claim at trial.
• Smith v. Fulton Rabalais, Jr.
  659 F.2d 539· 5th Cir.· 1981-10-15 ·cited 40×·via Habeas Corpus Relief
  The court held that prison officials did not abuse their discretion in refusing to provide an inmate with specific details of charges based on confidential informants, balancing prison security against the inmate's due process rights.
• Kemp v. Leggett
  635 F.2d 453· 5th Cir.· 1981-01-27 ·cited 40×
  The court held that the appellee was deprived of his constitutional right to effective assistance of counsel due to his attorney's significant omissions and lack of preparation.
• Gibson v. Clanon
  633 F.2d 851· 9th Cir.· 1980-12-08 ·cited 40×
  The court held that the jury's consideration of extrinsic evidence requires application of the 'harmless beyond a reasonable doubt' standard, not a lesser standard, for constitutional error.
• Hunter v. Fogg
  616 F.2d 55· 2d Cir.· 1980-02-15 ·cited 40×
  A guilty plea is not constitutionally invalid for lack of information about parole eligibility or the minimum period of imprisonment set by a parole board, as this is distinct from a mandatory minimum sentence.
• Ratcliff v. Estelle
  597 F.2d 474· 5th Cir.· 1979-06-20 ·cited 40×
  A federal court must deny habeas corpus relief under the contemporaneous objection rule if a state court finds a procedural default forecloses a challenge, even if the state court also reached the merits of the constitutional claim.
• Evans v. Maggio
  557 F.2d 430· 5th Cir.· 1977-08-12 ·cited 40×
  The court held that the petitioners waived their claim of unconstitutional jury composition by failing to brief and argue the issue on direct appeal in state court, and they failed to demonstrate cause for this waiver or resulting prejudice.
• Nowell A. Brathwaite v. Manson
  527 F.2d 363· 2d Cir.· 1975-11-20 ·cited 40×
  The court held that the admission of an identification obtained through unnecessarily suggestive means, even if the witness had some opportunity to observe, violates due process and requires exclusion of the evidence.
• Nathaniel v. Estelle
  493 F.2d 794· 5th Cir.· 1974-05-03 ·cited 40×
  The court held that while the trial judge did not err in failing to conduct an independent inquiry into the defendant's competence to stand trial at the time, the defendant's petition raised sufficient doubt to warrant a post-conviction hearing on his actual competence in 1957.
• United States ex rel. Ruben Williams v. Twomey
  467 F.2d 1248· 7th Cir.· 1972-08-18 ·cited 40×
  The court held that the Miranda warnings given to the appellant were equivocal and ambiguous, and the subsequent statements were inadmissible due to inadequate warnings and lack of proof of a knowing and intelligent waiver.
• Sinclair v. Turner
  447 F.2d 1158· 10th Cir.· 1971-09-10 ·cited 40×
  The court held that the trial court did not abuse its discretion in limiting cross-examination and that the petitioner waived her right against self-incrimination by testifying. The exclusion of jurors conscientiously opposed to the death penalty did not violate due process or fa
• Cotner v. United States
  409 F.2d 853· 10th Cir.· 1969-04-30 ·cited 40×
  The court held that an indigent mandatory releasee is not entitled to appointed counsel if they admit the violation and do not face discrimination, and that a local hearing is not required for admitted violators.
• United States ex rel. Edwin W. Gockley v. Myers
  378 F.2d 398· 3d Cir.· 1967-05-15 ·cited 40×
• Barry v. Sigler
  373 F.2d 835· 8th Cir.· 1967-03-16 ·cited 40×
  The court held that the appellant had not exhausted his state remedies because the state court had not yet ruled on the merits of his claim, and any delay was due to the appellant's own actions.
• Robbins v. MacKENZIE
  364 F.2d 45· 1st Cir.· 1966-07-11 ·cited 40×
  The court held that the district court erred in granting habeas corpus, finding that the consent to enter the room was valid and not coerced, thus the subsequent search was lawful.
• Tolg v. Grimes
  355 F.2d 92· 5th Cir.· 1966-01-24 ·cited 40×
• Simmons v. Bomar
  349 F.2d 365· 6th Cir.· 1965-08-09 ·cited 40×·via Writ Of Habeas Corpus
  The court held that the district court's finding of fact that the petitioner consented to the search of his trailer was not clearly erroneous.
• United States ex rel. Thomas C. Cooper v. Reincke
  333 F.2d 608· 2d Cir.· 1964-06-05 ·cited 40×
  The court held that the absence of counsel at a Connecticut hearing in probable cause, where the defendant pleaded not guilty and waived examination, did not violate due process or require reversal of the conviction.
• Rhoades v. Bohn
  114 So. 2d 493· Fla. 1st DCA· 1959-09-08 ·cited 40×·via Habeas Corpus For Child Custody
  A mother sought to regain custody of her child via habeas corpus in Florida after a Wisconsin court modified a divorce decree to award custody to the father, but the Florida court dismissed her petition.
• State v. Augustus P. Hamans
  118 Fla. 230· Fla.· 1935-01-21 ·cited 40×·via Habeas Corpus For Child Custody
  A mother sought habeas corpus relief to regain custody of her six-year-old daughter who had been placed with the respondents following the father's death. The Florida Supreme Court affirmed the trial court's judgment awarding custody to the respondents, holding that the child's w
• Evans v. State
  995 So. 2d 933· Fla.· 2008-08-28 ·cited 39×·via Writ Of Habeas Corpus
  Paul Evans was convicted of first-degree murder and sentenced to death for the 1991 murder of Alan Pfeiffer. On post-conviction appeal, Evans raised thirteen claims of ineffective assistance of counsel and other constitutional violations. The Florida Supreme Court affirmed the tr
• Marbel Mendoza v. State
  964 So. 2d 121· Fla.· 2007-05-24 ·cited 39×·via Writ Of Habeas Corpus
  Marbel Mendoza appealed the denial of his Rule 3.850 motion challenging his first-degree murder conviction and death sentence, claiming ineffective assistance of trial counsel. The Florida Supreme Court reversed and remanded for a new evidentiary hearing because the circuit court
• Sweet v. Moore
  822 So. 2d 1269· Fla.· 2002-06-13 ·cited 39×·via Writ Of Habeas Corpus
  William Earl Sweet, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, challenging his 1990 murder conviction and death sentence for the murder of Felicia Bryant. The court denied the petition, rejecting four claims including challenges to juror
• Blalock v. Rice
  707 So. 2d 738· Fla. 2d DCA· 1997-09-10 ·cited 39×·via Writ Of Habeas Corpus
  Deborah Blalock challenged her 16-month jail sentence for indirect criminal contempt related to child support arrears, claiming serious due process violations in the trial court proceedings. The Florida Second District Court of Appeal found multiple critical errors on the face of
• Osborn v. Shillinger
  861 F.2d 612· 10th Cir.· 1988-11-07 ·cited 39×
  The court held that the federal district court did not err in reaching the merits of Osborn's habeas corpus petition, as state remedies were exhausted by the time of appellate review and any procedural bar was not sufficiently established to preclude federal consideration.
• Bundy v. Dugger
  850 F.2d 1402· 11th Cir.· 1988-07-07 ·cited 39×
  The court affirmed the district court's denial of habeas corpus relief, finding no abuse of the writ, no incompetence to stand trial, no denial of choice of counsel, no ineffective assistance of counsel, no improper Faretta inquiry, no constitutional issue regarding the race of t
• United States ex rel. Miguel A. Espinoza v. J.W. Fairman
  813 F.2d 117· 7th Cir.· 1987-02-25 ·cited 39×
  The court held that while Espinoza had no Sixth Amendment right to counsel for the murder charge, his prior invocation of his Fifth Amendment right to counsel at his weapons charge arraignment remained in effect during subsequent custodial interrogation for the murder, rendering
• Smith v. Louie L. Wainwright
  777 F.2d 609· 11th Cir.· 1985-11-14 ·cited 39×
  The court held that the appellant was denied his Sixth Amendment right to effective assistance of counsel due to his trial attorney's failure to move to suppress numerous confessions, and that an evidentiary hearing is necessary to determine if this failure constituted sound tria
• Fendler v. Goldsmith
  728 F.2d 1181· 9th Cir.· 1983-10-14 ·cited 39×
  The majority erred by making contrary factual findings and failing to decide a ripe constitutional question, exceeding its jurisdiction under 28 U.S.C. § 2254(d).
• Page v. United States Parole Comm'n
  651 F.2d 1083· 5th Cir.· 1981-07-27 ·cited 39×·via Habeas Corpus Relief
  The court held that the United States Parole Commission's denial of parole was not illegal, did not violate due process, and did not breach the petitioner's plea bargain.
• Earnest James Finley v. State
  394 So. 2d 215· Fla. 1st DCA· 1981-02-23 ·cited 39×·via Writ Of Habeas Corpus
  Finley appealed the denial of his habeas corpus petition challenging his robbery conviction on double jeopardy grounds, arguing he could not be convicted of robbery when it was the underlying felony for his first-degree murder conviction. The court affirmed the denial, finding th
• United States ex rel. Carlos Marcello v. Dist. Dir. OF the Immigr. & Naturalization Serv.
  634 F.2d 964· 5th Cir.· 1981-01-22 ·cited 39×
  The court held that an alien subject only to a deportation order, without being physically detained, is not 'held in custody' for the purpose of habeas corpus review under 8 U.S.C. § 1105a(a)(9).
• Williams v. Brown
  609 F.2d 216· 5th Cir.· 1980-01-07 ·cited 39×
  The court held that the denial of a hearing on a Fourth Amendment claim, due to a procedural error, does not preclude the application of Stone v. Powell's bar to federal habeas review if state processes allowed for full and fair litigation. The court also found that nondisclosure
• United States ex rel. Lois Sero v. Preiser
  506 F.2d 1115· 2d Cir.· 1974-11-06 ·cited 39×
  The court held that the combination of extended reformatory sentences for young adult misdemeanants and identical conditions of confinement as adult misdemeanants violates the Equal Protection Clause of the Fourteenth Amendment.
• United States ex rel. James C. Haynes v. McKENDRICK
  481 F.2d 152· 2d Cir.· 1973-06-14 ·cited 39×