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

• Holland v. State
  916 So. 2d 750· Fla.· 2005-11-10 ·cited 34×·via Writ Of Habeas Corpus
  Albert Holland appeals the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for killing a police officer during an attempted robbery and s
• State v. Donn A. Duncan
  894 So. 2d 817· Fla.· 2004-11-24 ·cited 34×·via Writ Of Habeas Corpus
  Duncan, convicted of murdering his fiancée in 1990 and sentenced to death, appealed the trial court's grant of a new penalty phase based on ineffective assistance of counsel. The Florida Supreme Court affirmed, holding that penalty phase counsel was ineffective for failing to pre
• Dillbeck v. State
  882 So. 2d 969· Fla.· 2004-08-26 ·cited 34×·via Writ Of Habeas Corpus
  Donald Dillbeck, a death row inmate, appeals the denial of his post-conviction motion for relief under Florida Rule of Criminal Procedure 3.850, raising claims of ineffective assistance of counsel. The Florida Supreme Court affirms the denial of his claim that counsel conceded gu
• Gamble v. State
  877 So. 2d 706· Fla.· 2004-05-06 ·cited 34×·via Writ Of Habeas Corpus
  Guy Richard Gamble, sentenced to death for the 1991 murder of his landlord, challenged his conviction and sentence through post-conviction relief and habeas corpus petitions, arguing ineffective assistance of counsel and constitutional defects. The Florida Supreme Court affirmed
• Bresch v. Cal Henderson
  761 So. 2d 449· Fla. 2d DCA· 2000-06-02 ·cited 34×·via Writ Of Habeas Corpus
  David Bresch petitioned for habeas corpus after being incarcerated for civil contempt for failure to pay child support pursuant to a domestic violence protection order. The Florida appellate court granted the petition and vacated the contempt order, finding the trial court violat
• Acencion Medrano v. State
  748 So. 2d 986· Fla.· 1999-10-14 ·cited 34×·via Writ Of Habeas Corpus
  The Florida Supreme Court answered a certified question of great public importance: whether a defendant is entitled to file a belated Rule 3.850 collateral relief motion if he can prove his privately-retained counsel agreed to file a timely motion but failed to do so. The Court h
• Richardson v. Reno
  180 F.3d 1311· 11th Cir.· 1999-07-14 ·cited 34×
  The Eleventh Circuit Court of Appeals reaffirmed its prior holding that amendments to the Immigration and Nationality Act (INA) by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) preclude district court jurisdiction to issue writs of habeas corpus under 2
• Agan v. Dugger
  835 F.2d 1337· 11th Cir.· 1987-12-30 ·cited 34×
  The court held that the inmate's claims of incompetence and ineffective assistance of counsel warranted an evidentiary hearing, which had not been provided by the state court.
• Davis v. Kemp
  829 F.2d 1522· 11th Cir.· 1987-09-30 ·cited 34×
  The court held that the district court did not abuse its discretion in considering a successive habeas petition and that the prosecutor's closing arguments did not render the sentencing fundamentally unfair. The court also found sufficient evidence for the rape conviction and rej
• Card v. Dugger
  512 So. 2d 829· Fla.· 1987-09-15 ·cited 34×·via Writ Of Habeas Corpus
  James Armando Card, under sentence of death, petitioned the Florida Supreme Court for a writ of habeas corpus and stay of execution scheduled for September 17, 1987. The Court denied all relief after addressing Card's claims regarding mitigating circumstances, ineffective assista
• Spradley v. Dugger
  825 F.2d 1566· 11th Cir.· 1987-08-31 ·cited 34×
  The court held that a district court cannot dismiss a habeas petition sua sponte for abuse of the writ without providing the petitioner notice and an opportunity to respond.
• Stevie Cole v. Young
  817 F.2d 412· 7th Cir.· 1987-04-28 ·cited 34×
  A federal court cannot hold that a state court misunderstood state law, as state courts' interpretations define state law for federal purposes. A failure to follow state law does not automatically violate the Constitution.
• Agee v. J.D. White
  809 F.2d 1487· 11th Cir.· 1987-02-13 ·cited 34×
  The court held that a confession obtained after an illegal arrest is admissible if the taint of the arrest is sufficiently attenuated by intervening circumstances, and that a suspect's subjective belief of immunity, absent police misrepresentation, does not render a Miranda waive
• Thomas v. Kemp
  796 F.2d 1322· 11th Cir.· 1986-07-28 ·cited 34×
  The court held that the district court properly granted habeas corpus relief based on ineffective assistance of counsel at the sentencing phase due to failure to present mitigating evidence.
• Morrow v. Harwell
  768 F.2d 619· 5th Cir.· 1985-08-02 ·cited 34×
  The court held that the county's bookmobile/paralegal system for inmate access to courts was inadequate under Bounds v. Smith, but reversed the magistrate's order regarding visitation facilities, finding them not constitutionally deficient. The court also affirmed the magistrate'
• Hitchcock v. Louie L. Wainwright
  745 F.2d 1332· 11th Cir.· 1984-10-18 ·cited 34×
  The court held that the petitioner's counsel's belief about the limitations on mitigating evidence was reasonable at the time, and the petitioner was not denied an individualized sentencing hearing. The court also held that the death sentence was not imposed as punishment for ref
• Sevier v. Turner
  742 F.2d 262· 6th Cir.· 1984-08-08 ·cited 34×·via Habeas Corpus Relief
  The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
• Roth v. United States Parole Comm'n
  724 F.2d 836· 9th Cir.· 1984-01-26 ·cited 34×
  The court held that Parole Commission guidelines are not 'laws' for ex post facto clause purposes, but remanded for clarification on whether the Commission abused its discretion, potentially as a due process violation.
• Eutues White v. Finkbeiner
  687 F.2d 885· 7th Cir.· 1982-03-26 ·cited 34×·via Application For Writ Of Habeas Corpus
  The court is compelled to concur in directing the writ to issue, finding no indication that the defendant initiated contact with officers after requesting counsel.
• Jinks Adkins, Jr. v. Bordenkircher
  674 F.2d 279· 4th Cir.· 1982-03-24 ·cited 34×
  The court held that the alibi instruction unconstitutionally shifted the burden of persuasion, but the double jeopardy claim was barred because the defendant's own motion necessitated the mistrial, and the failure to transcribe a hearing did not violate due process.
• Knapp v. Cardwell
  667 F.2d 1253· 9th Cir.· 1982-01-19 ·cited 34×
  The court held that findings of non-existence of certain aggravating circumstances at an initial sentencing hearing, if based on evidence similar to that supporting a conviction, function as acquittals for double jeopardy purposes and cannot be revisited on resentencing.
• Magnolia Ross v. Heyne
  638 F.2d 979· 7th Cir.· 1980-12-10 ·cited 34×
  The court held that a defendant is denied due process when the state fails to correct false testimony, even if the defendant's counsel knew of the falsity and failed to correct it due to a conflict of interest. The court also held that the defendant was denied effective assistanc
• Parker v. Turner
  626 F.2d 1· 6th Cir.· 1980-07-03 ·cited 34×·via Habeas Corpus Relief
• Johnson v. Presley Hardy
  601 F.2d 172· 5th Cir.· 1979-08-07 ·cited 34×·via Habeas Corpus Relief
  A prisoner's challenge to the duration of confinement, even if framed as a request for damages or declaratory relief under § 1983, is properly treated as a habeas corpus matter requiring exhaustion of state remedies.
• Shahid v. Crawford
  599 F.2d 666· 5th Cir.· 1979-07-27 ·cited 34×·via Writ Of Habeas Corpus
  The United States Parole Commission is not required to grant parole based solely on superior institutional adjustment, and its written reasons for denial substantially complied with statutory requirements.
• Fielding v. LeFEVRE
  548 F.2d 1102· 2d Cir.· 1977-01-19 ·cited 34×
  The court affirmed the denial of the writ of habeas corpus, holding that the petitioner failed to exhaust state remedies for his Sixth Amendment claim and that his Eighth Amendment claims lacked merit.
• Small v. Britton
  500 F.2d 299· 10th Cir.· 1974-07-30 ·cited 34×·via Application For Writ Of Habeas Corpus
  The court held that a parole revocation hearing is not required until a parole revocation warrant is executed, and incarceration in a state institution is a valid reason for delay in execution.
• HAM v. State OF N.C.
  471 F.2d 406· 4th Cir.· 1973-01-11 ·cited 34×·via Habeas Corpus Relief
  A prisoner is entitled to credit for pre-sentence confinement time, especially if indigent, even if state law and prior state court rulings deny it.
• Lovallo v. Froehlke
  468 F.2d 340· 2d Cir.· 1972-10-03 ·cited 34×·via Writ Of Habeas Corpus
  The court held that the Army's order recalling the appellant to active duty was valid, despite the Army's delay and the appellant's mistaken belief that his enlistment had expired.
• Love v. Fitzharris
  460 F.2d 382· 9th Cir.· 1972-05-25 ·cited 34×·via Writ Of Habeas Corpus
  An administrative reinterpretation of parole eligibility rules that disadvantages a prisoner, applied retroactively, violates the ex post facto clause.
• United States ex rel. Harvey A. Marcelin v. Mancusi
  462 F.2d 36· 2d Cir.· 1972-05-22 ·cited 34×
  The dissenting judge would find that the petitioner was denied effective assistance of counsel due to counsel's failure to investigate and present a viable insanity defense.
• Hamilton v. Watkins
  436 F.2d 1323· 5th Cir.· 1970-12-30 ·cited 34×
  The court held that undue delay in asserting a constitutional right does not constitute a waiver if there is no intentional relinquishment of a known right.
• Allen v. Rhay
  431 F.2d 1160· 9th Cir.· 1970-09-11 ·cited 34×
  The court held that the petitioner's claims regarding identification procedures and denial of counsel did not violate his due process rights, and his claims regarding appeal coercion were frivolous.
• Conner v. Wingo
  429 F.2d 630· 6th Cir.· 1970-06-05 ·cited 34×
  The dissenting judge would hold that the trial judge's awareness of the petitioner's mental state and behavior created a bona fide doubt regarding his competence to stand trial, necessitating a sua sponte inquiry.
• Hines v. Baker
  422 F.2d 1002· 10th Cir.· 1970-02-17 ·cited 34×
  The court affirmed the denial of habeas corpus relief, finding no constitutional infringement regarding the waiver of appeal, the constitutionality of the felony murder statute, or the denial of a transcript for exploratory purposes.
• Smith v. Rhay
  419 F.2d 160· 9th Cir.· 1969-12-02 ·cited 34×
  The majority improperly made new factual findings instead of remanding for an evidentiary hearing, and erred in granting the writ.
• Losieau v. Sigler
  406 F.2d 795· 8th Cir.· 1969-02-04 ·cited 34×·via Habeas Corpus Proceedings
  A prior conviction obtained without counsel, or with an invalid sentence due to lack of counsel, cannot be used to enhance punishment under a habitual criminal statute.
• Thompson v. Wingate White
  406 F.2d 1176· 5th Cir.· 1969-01-28 ·cited 34×
  The court held that the state failed to establish probable cause for a warrantless search, even with additional evidence presented at the hearing.
• Stewart v. Bishop
  403 F.2d 674· 8th Cir.· 1968-11-21 ·cited 34×
  The court held that the petitioner's appeal should be reviewed on its merits, despite procedural irregularities, to avoid prejudice.
• Lavere Redfield v. United States
  315 F.2d 76· 9th Cir.· 1963-03-06 ·cited 34×·via Writ Of Habeas Corpus
  The court held that the defendant's privilege against self-incrimination was not violated, and that filing separate income tax returns for community income constituted separate offenses. Habeas corpus was also denied as the defendant had not shown the statutory remedy to be inade
• Clark v. State of Fla. ex rel. Kate Rubin
  122 So. 2d 807· Fla. 3d DCA· 1960-09-12 ·cited 34×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal reversed a circuit court's discharge of a patient from psychiatric hospitalization, holding that the circuit court lacked jurisdiction to review the propriety of a county judge's commitment order on habeas corpus. The decision clarifies that h
• MacKENNA v. Ellis
  263 F.2d 35· 5th Cir.· 1959-01-16 ·cited 34×·via Writ Of Habeas Corpus
  The majority opinion, which the dissenting judge disagrees with, found that two claims presented grounds for habeas corpus relief.
• United States ex rel. Leguillou v. Davis
  212 F.2d 681· 3d Cir.· 1954-05-14 ·cited 34×
  A circuit judge cannot entertain a habeas corpus petition under 28 U.S.C. § 2241 if the prisoner is eligible for relief under 28 U.S.C. § 2255, as § 2255 provides the exclusive remedy unless it is shown to be inadequate or ineffective.
• McCALL v. The State of Fla. Ex rel. E. R. Daniels
  156 Fla. 437· Fla.· 1945-10-05 ·cited 34×·via Writ Of Habeas Corpus
  A Panama City police chief sought to enforce an ordinance prohibiting consumption of beer in licensed businesses during wartime, but the Florida Supreme Court discharged the defendant on habeas corpus, holding the ordinance unconstitutionally vague because it failed to clearly de
• Lukehart v. Sec'y, Fla. Dep't of Corr.
  50 F.4th 32· 11th Cir.· 2022-09-26 ·cited 33×
  The Eleventh Circuit held that the Florida Supreme Court's determination regarding the petitioner's Miranda rights was potentially unreasonable, particularly concerning the custody analysis, but ultimately found that Miranda warnings were not required because the petitioner was n
• Brant v. State
  197 So. 3d 1051· Fla.· 2016-06-30 ·cited 33×·via Writ Of Habeas Corpus
  Charles Grover Brant appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus following his death sentence for the murder and sexual assault of Sara Radfar. The Florida Supreme Court affirms the deni
• Salazar v. State
  188 So. 3d 799· Fla.· 2016-02-18 ·cited 33×·via Writ Of Habeas Corpus
  Neil Salazar was convicted of first-degree murder and sentenced to death for the 2000 killing of Evelyn Nutter during a home invasion and robbery. The Florida Supreme Court affirmed his conviction but remanded for a new penalty phase due to ineffective assistance of counsel for f
• Reed v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State Of Fla.
  767 F.3d 1252· 11th Cir.· 2014-09-24 ·cited 33×
  Kelvin Leon Reed was convicted of vehicular homicide for striking two pedestrians while driving under the influence and sentenced to 35 years' imprisonment. Reed claimed his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to investigate and
• Minor v. State
  963 So. 2d 797· Fla. 3d DCA· 2007-07-25 ·cited 33×·via Writ Of Habeas Corpus
  Herman Minor, a prisoner serving a sentence for manslaughter and firearms possession since 1994, appealed the denial of his habeas corpus petition after filing his tenth post-conviction motion. The court affirmed the denial and prohibited Minor from filing further pro se appeals
• Jones v. State
  949 So. 2d 1021· Fla.· 2006-12-14 ·cited 33×·via Writ Of Habeas Corpus
  David Wyatt Jones challenges his death sentence for murdering Lori McRae by raising claims of ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the trial court's denial of post-conviction relief and habeas corpus petition, rejecting all ine