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

• Fletcher v. Louie L. Wainwright
  399 F.2d 62· 5th Cir.· 1968-08-02 ·cited 39×
  The court held that the admission of jewelry thrown from a motel room window was reversible error because it was a direct consequence of an illegal entry, and the exclusionary rule's deterrent policy would be undermined by admitting it.
• Kilgore v. State
  55 So. 3d 487· Fla.· 2010-11-18 ·cited 38×·via Writ Of Habeas Corpus
  Dean Kilgore challenges his capital murder conviction and death sentence for the 1989 prison killing of Emerson Robert Jackson through postconviction relief and habeas corpus proceedings. The Florida Supreme Court affirmed the denial of his rule 3.850 motion and denied his habeas
• Branch v. State
  952 So. 2d 470· Fla.· 2006-08-31 ·cited 38×·via Writ Of Habeas Corpus
  Eric Scott Branch, convicted of first-degree murder and sentenced to death, appeals the trial court's denial of his Rule 3.850 postconviction motion and petitions for a writ of habeas corpus. Branch raises numerous ineffective assistance of counsel claims at both the trial and ap
• Ponticelli v. State
  941 So. 2d 1073· Fla.· 2006-08-31 ·cited 38×·via Writ Of Habeas Corpus
  Anthony Ponticelli was convicted of two counts of first-degree murder and sentenced to death. On postconviction appeal, he challenged the conviction and sentence through Rule 3.850 motion and habeas petition, raising Brady/Giglio claims, ineffective assistance of counsel claims,
• Bradley v. State
  703 So. 2d 1176· Fla. 5th DCA· 1997-12-19 ·cited 38×·via Writ Of Habeas Corpus
  The court is bound by prior caselaw to interpret the statute to include criminal and collateral criminal proceedings, despite reservations.
• In re Medina
  109 F.3d 1556· 11th Cir.· 1997-03-24 ·cited 38×
  Pedro Medina, sentenced to death for auto theft and first-degree murder, filed a second federal habeas corpus petition after his first petition was denied and his conviction affirmed. The Eleventh Circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA) amendme
• Viqueira v. Roth
  591 So. 2d 1147· Fla. 3d DCA· 1992-01-14 ·cited 38×·via Writ Of Habeas Corpus
  A defendant is entitled to a belated appeal when counsel fails to file a timely notice of appeal, and this entitlement is not dependent on a preliminary showing of the appeal's merits.
• Gilmore v. Armontrout
  861 F.2d 1061· 8th Cir.· 1988-11-10 ·cited 38×
  The court held that the petitioner's claims regarding the prosecutor's closing argument and victim-impact evidence were procedurally barred and lacked merit, and that the absence of counsel at arraignment did not violate his Sixth Amendment rights. The court reversed the district
• Wilson v. Kemp
  777 F.2d 621· 11th Cir.· 1985-11-18 ·cited 38×
• Grizzell v. Louie L. Wainwright
  692 F.2d 722· 11th Cir.· 1982-11-29 ·cited 38×
  The use of prior uncounseled felony convictions to impeach a defendant's credibility, when those convictions are constitutionally invalid, constitutes a due process violation that is not harmless error if there is a reasonable possibility that the evidence influenced the jury's a
• Alicea v. Gagnon
  675 F.2d 913· 7th Cir.· 1982-04-14 ·cited 38×
  A criminal defendant has a constitutional right to testify in his own behalf under the Fifth, Sixth, and Fourteenth Amendments, and a state may not mechanistically apply procedural rules to defeat this right.
• Vivienne Brown and Arthur Brown v. TAN
  395 So. 2d 1249· Fla. 3d DCA· 1981-03-26 ·cited 38×
  The Florida District Court of Appeal affirmed a trial court's order granting habeas corpus relief and returning a 12-year-old child to his natural father in Singapore, holding that Florida lacked jurisdiction under the Uniform Child Custody Jurisdiction Act because Singapore was
• Parton v. Wyrick
  614 F.2d 154· 8th Cir.· 1980-01-18 ·cited 38×
  The court held that the appellant waived his right to raise claims of ineffective assistance of counsel regarding prior convictions due to deliberate bypass of state remedies and failure to object at trial. The court also held that the appellant failed to state a claim for habeas
• Chenault v. Stynchcombe
  581 F.2d 444· 5th Cir.· 1978-10-03 ·cited 38×
  The court held that claims regarding sentencing instructions and death-qualified juries were not properly before it due to failure to exhaust state remedies, and affirmed denial of other claims.
• Scott v. Plante
  532 F.2d 939· 3d Cir.· 1976-03-29 ·cited 38×
  The court held that the district court improperly dismissed the plaintiff's claims, including those regarding involuntary medication, confinement without treatment, physical conditions, unconstitutional confinement, and procedural issues in hearings, and that the plaintiff's requ
• Stanley v. COX
  486 F.2d 48· 4th Cir.· 1973-10-16 ·cited 38×
  Pre-trial show-up identifications, when not unnecessarily suggestive under the totality of circumstances, do not violate due process, even if conducted before formal charges.
• Mason Braswell v. Louie L. Wainwright
  463 F.2d 1148· 5th Cir.· 1972-07-07 ·cited 38×·via Habeas Corpus Relief
  Excluding a witness for violating a sequestration rule, when the violation was not the fault of the defendant or counsel, violates the defendant's Sixth Amendment right to compulsory process and a fair trial.
• Gregory v. Tarr
  436 F.2d 513· 6th Cir.· 1971-01-26 ·cited 38×·via Writ Of Habeas Corpus
  The court held that the Executive's conditioning of fatherhood deferments on not having received a graduate student deferment was a valid exercise of discretion authorized by statute, and thus not subject to pre-induction judicial review under the "lawless action" exception.
• United States v. Turner
  421 F.2d 1251· 3d Cir.· 1970-02-10 ·cited 38×·via Habeas Corpus Relief
  The court held that the defendant was denied due process because his local selective service board failed to provide him with the means to adequately present his claim for conscientious objector status.
• United States ex rel. Wilbert Ross v. McMANN
  409 F.2d 1016· 2d Cir.· 1969-02-26 ·cited 38×
  The dissenting opinion argues that voluntary guilty pleas, entered on advice of counsel, waive all prior non-jurisdictional defects. It contends that the Supreme Court's decision in Jackson v. Denno, which requires hearings on the voluntariness of confessions used at trial, shoul
• United States ex rel. Edward Mitchell v. Hon. Harold Follette
  358 F.2d 922· 2d Cir.· 1966-02-25 ·cited 38×
  The court held that a factual hearing is mandatory to determine if the state trial judge's silence after the defendant expressed a desire to appeal, coupled with the defendant's indigence, unconstitutionally deprived him of his right to appeal.
• Wallace v. Heinze
  351 F.2d 39· 9th Cir.· 1965-09-15 ·cited 38×·via Application For Writ Of Habeas Corpus
  A guilty plea waives any claim that evidence was obtained through an unreasonable search, and a district court has inherent power to grant additional time for a return in a habeas corpus proceeding.
• United States v. Smith
  337 F.2d 49· 4th Cir.· 1964-09-21 ·cited 38×·via Habeas Corpus Proceedings
  A district judge who presided over a defendant's original trial and sentencing is not disqualified from ruling on a motion to vacate sentence under 28 U.S.C. § 2255, even if the judge's recollection supplements an incomplete transcript.
• Huie v. State
  92 So. 2d 264· Fla.· 1957-01-23 ·cited 38×·via Habeas Corpus Proceedings
  William Bradford Huie appealed an appearance bond forfeiture order entered after the Florida Supreme Court dismissed his habeas corpus petition and remanded him to the custody of the Suwannee County Sheriff. The Supreme Court held that while the trial judge had jurisdiction to or
• Jackson v. Neff
  64 Fla. 326· Fla.· 1912-06-01 ·cited 38×·via Habeas Corpus Proceedings
  The Florida Supreme Court upheld the constitutionality of a 1911 statute imposing license taxes on automobiles and motor vehicles used on public roads. The court rejected a habeas corpus challenge and reversed the discharge of a defendant charged with violating the licensing requ
• 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
• Seibert v. State
  64 So. 3d 67· Fla.· 2011-04-14 ·cited 37×·via Writ Of Habeas Corpus
  Michael Seibert was convicted of first-degree murder and sentenced to death for the 1998 killing and dismemberment of an 18-year-old victim. On appeal, the Florida Supreme Court affirmed the denial of his postconviction motion for relief, rejected his habeas corpus petition, and
• Provenzano v. State
  739 So. 2d 1150· Fla.· 1999-07-01 ·cited 37×
  Thomas Harrison Provenzano, a death row inmate convicted of murdering a bailiff, appeals the circuit court's denial of his third motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, rejecting claims based
• Calloway v. State
  699 So. 2d 849· Fla. 3d DCA· 1997-10-01 ·cited 37×
• Futch v. Dugger
  874 F.2d 1483· 11th Cir.· 1989-06-08 ·cited 37×
  The court held that the petitioner is entitled to an evidentiary hearing on the issue of ineffective assistance of trial counsel regarding the failure to investigate a potential eyewitness and petitioner's competency to stand trial.
• Lowenfield v. Phelps
  817 F.2d 285· 5th Cir.· 1987-05-11 ·cited 37×
  The dissenting judge argues that the supplemental Allen charge and Brasfield inquiry used during the sentencing phase of a death penalty case are unconstitutionally coercive.
• 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.
• Oliver v. Louie L. Wainwright
  782 F.2d 1521· 11th Cir.· 1986-02-24 ·cited 37×·via Habeas Corpus Relief
  The court held that the joint representation of co-defendants did not create an actual conflict of interest that adversely affected counsel's performance, as the alternative defense theory was not plausible based on the evidence.
• Celestine v. Blackburn
  750 F.2d 353· 5th Cir.· 1984-12-28 ·cited 37×
  The court held that the petitioner did not receive ineffective assistance of counsel and that the trial court did not err in its jury selection or exclusion of a juror, affirming the denial of habeas corpus relief.
• Haggins v. Warden, Fort Pillow State Farm
  715 F.2d 1050· 6th Cir.· 1983-08-11 ·cited 37×
  The admission of a child victim's hearsay statements, made under the stress of excitement from a startling event, does not violate the Sixth Amendment confrontation clause if they possess sufficient indicia of reliability, even if the child is unavailable to testify.
• United States v. Guerra
  588 F.2d 519· 5th Cir.· 1979-01-26 ·cited 37×
  The court held that the district court erred in denying a hearing on the habeas corpus petition without adequately considering the allegations of ineffective assistance of counsel.
• United States ex rel. Albert Curtis v. Hon. John Zelker
  466 F.2d 1092· 2d Cir.· 1972-07-17 ·cited 37×
  A guilty plea is not rendered involuntary by a defendant's mistaken subjective impressions, absent substantial objective proof that those impressions were reasonably justified.
• Williams v. Ira M. Coiner
  392 F.2d 210· 4th Cir.· 1968-03-06 ·cited 37×
  The court held that the prisoner is serving a recidivist sentence based on potentially unconstitutional prior convictions and that his indigence may have deprived him of his right to appeal.
• Henyard v. McDONOUGH
  459 F.3d 1217· 11th Cir.· 2006-08-11 ·cited 36×
  Richard Henyard was convicted in 1994 of carjacking Dorothy Lewis and her two children, murdering the children (Jasmine, age 3, and Jamilya, age 7), and raping and attempting to murder Dorothy Lewis. He was sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Heny
• Eldridge v. Moore
  760 So. 2d 888· Fla.· 2000-04-13 ·cited 36×·via Writ Of Habeas Corpus
  James Eldridge petitions for habeas corpus challenging the Department of Corrections' forfeiture of 2,573 days of gain time after his probation was revoked and he was resentenced to five years. The Florida Supreme Court holds that the Department has statutory authority to forfeit
• Bryan v. State
  748 So. 2d 1003· Fla.· 1999-10-26 ·cited 36×·via Writ Of Habeas Corpus
  Anthony Braden Bryan, scheduled for execution, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas petition raising multiple claims of ineffective assistance of counsel, Brady violations, and other grounds. The Florida Supreme Court affirmed the trial c
• Abel Rivera v. Singletary
  707 So. 2d 326· Fla.· 1998-02-19 ·cited 36×·via Writ Of Habeas Corpus
  The Florida Parole Commission has broad statutory authority to grant or deny credit for time spent on Conditional Release when that release is revoked due to a violation.
• Pitts v. Cook
  923 F.2d 1568· 11th Cir.· 1991-02-21 ·cited 36×
  The novelty of a constitutional claim, if not reasonably available to counsel, can constitute cause to excuse a procedural default.
• Prihoda v. McCAUGHTRY
  910 F.2d 1379· 7th Cir.· 1990-08-14 ·cited 36×
• Buenoano v. Dugger
  559 So. 2d 1116· Fla.· 1990-04-05 ·cited 36×·via Writ Of Habeas Corpus
  Judy Buenoano, under a death sentence for murder, petitioned for habeas corpus relief and appealed the denial of her rule 3.850 motion for postconviction relief. The Florida Supreme Court rejected all twenty-one claims, including procedurally barred issues and ineffective assista
• Matta-Ballesteros v. Henman
  896 F.2d 255· 7th Cir.· 1990-02-21 ·cited 36×
  The court concurred in the result but disagreed with the majority's reasoning, finding the case distinguishable from Toscanino.
• Moore v. Zant
  885 F.2d 1497· 11th Cir.· 1989-09-28 ·cited 36×
• Sullivan v. Fairman
  819 F.2d 1382· 7th Cir.· 1987-05-22 ·cited 36×
  The court affirmed the district court's grant of a writ of habeas corpus, finding that the petitioner was denied the effective assistance of counsel.
• Hughes v. Idaho State Bd. OF Corr.
  800 F.2d 905· 9th Cir.· 1986-09-25 ·cited 36×
  The court held that a petitioner's failure to appeal a post-conviction relief denial to the state's highest court constitutes a procedural default requiring a showing of cause and prejudice to obtain federal habeas relief.
• Burns v. Clusen
  798 F.2d 931· 7th Cir.· 1986-08-04 ·cited 36×
  The court held that while the state may have failed to adequately prove witness unavailability, the admission of preliminary hearing testimony was harmless error due to the circumstances of the case.