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

• Melton v. State
  949 So. 2d 994· Fla.· 2006-11-30 ·cited 33×·via Writ Of Habeas Corpus
  Antonio Melton appeals the denial of his Rule 3.850 motion seeking postconviction relief and petitions for a writ of habeas corpus in this Florida capital case. Melton was convicted of first-degree felony murder and armed robbery in the death of George Carter during a pawn shop r
• Glock v. Moore
  195 F.3d 625· 11th Cir.· 1999-11-10 ·cited 33×
  Robert Glock was convicted of first-degree murder, kidnapping, and robbery and sentenced to death. On habeas review, Glock claimed his trial counsel provided ineffective assistance during the penalty phase by failing to discover and present evidence of childhood abuse, mental dis
• Moore v. Kemp
  824 F.2d 847· 11th Cir.· 1987-07-27 ·cited 33×
  The court should affirm the district court's judgment dismissing the petition.
• Green v. ARN
  809 F.2d 1257· 6th Cir.· 1987-01-27 ·cited 33×
  The court's new rule, mandating automatic habeas corpus relief for any absence of criminal defense counsel, is not required by precedent and is not sensible policy.
• Allen v. State OF Ala.
  728 F.2d 1384· 11th Cir.· 1984-04-02 ·cited 33×
  The court held that a federal district court must grant an evidentiary hearing to a habeas applicant when the merits of the factual dispute were not resolved in the state hearing, and the state factual determination is not fairly supported by the record.
• Escobedo v. Estelle
  655 F.2d 613· 5th Cir.· 1981-09-08 ·cited 33×
  A habeas petitioner does not meet the statutory 'in custody' requirement if they are no longer in custody for the attacked conviction or a demonstrably related conviction at the time of filing, even if they were previously.
• Caver v. State OF Ala.
  537 F.2d 1333· 5th Cir.· 1976-09-02 ·cited 33×
  The court held that a state prisoner can no longer collaterally attack a conviction based on a Fourth Amendment violation in a federal habeas proceeding unless they show the state failed to provide a full and fair opportunity to litigate the claim. The court also found the lineup
• Shuler v. Louie L. Wainwright
  491 F.2d 1213· 5th Cir.· 1974-03-27 ·cited 33×
  The court held that the district court erred in granting habeas corpus relief based on the alleged faking of footprint casts, as the state court's findings were supported by substantial evidence. The court also found that the failure to voluntarily disclose the victim's statement
• Favre v. Henderson
  464 F.2d 359· 5th Cir.· 1972-06-13 ·cited 33×·via Writ Of Habeas Corpus
• Woodard v. Beto
  447 F.2d 103· 5th Cir.· 1971-06-23 ·cited 33×
  The court held that the appellant's claims of ineffective assistance of counsel and double jeopardy did not rise to federal constitutional proportions, thus denying habeas corpus relief.
• Schnautz v. Beto
  416 F.2d 214· 5th Cir.· 1969-09-11 ·cited 33×·via Application For Writ Of Habeas Corpus
• Reed v. Beto
  343 F.2d 723· 5th Cir.· 1965-04-07 ·cited 33×
  The court held that while the petitioner had not technically exhausted state remedies, the Texas Court of Criminal Appeals had consistently ruled on the issue, and no intervening Supreme Court decision suggested a change, thus the state remedy was not effectively available.
• State v. McGreary
  123 Fla. 9· Fla.· 1936-02-21 ·cited 33×·via Habeas Corpus Proceedings
  This case involves a habeas corpus proceeding where Antonio Florio challenged his arrest under an executive warrant of extradition issued by the Governor of Florida in response to a Connecticut requisition for charges of conspiracy and theft. The Florida Supreme Court reversed th
• Paran M. Hopkins v. Hopkins
  84 Fla. 500· Fla.· 1922-10-28 ·cited 33×·via Habeas Corpus For Child Custody
  A wife sought habeas corpus to obtain custody of two minor sons from their father. The lower court awarded one son to the father and one to the mother. The Florida Supreme Court reversed, holding that absent a showing the father is unfit or that the mother's custody would better
• Davis v. State
  142 So. 3d 867· Fla.· 2014-07-07 ·cited 32×·via Writ Of Habeas Corpus
  Eddie Wayne Davis, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief filed after his death warrant was signed, raising three claims: an as-applied Eighth Amendment challenge to Florida's lethal injection protocol based on a
• Duckett v. State
  918 So. 2d 224· Fla.· 2005-10-06 ·cited 32×·via Writ Of Habeas Corpus
  James Duckett, a police officer convicted of first-degree murder and sexual battery in the 1987 death of an 11-year-old girl, appeals the denial of his Rule 3.850 postconviction motion and petitions for habeas corpus. The Florida Supreme Court affirms the denial, rejecting claims
• Merdian v. Cochran
  654 So. 2d 573· Fla. 4th DCA· 1995-04-07 ·cited 32×
  The court held that the trial court improperly revoked the petitioner's bond without following the correct procedural rules and constitutional requirements for pretrial release.
• Winfred Stokes v. Armontrout
  893 F.2d 152· 8th Cir.· 1989-12-28 ·cited 32×
  A federal court is precluded from reaching the merits of a habeas corpus claim if the petitioner procedurally defaulted by failing to raise the claim in state courts, absent cause and prejudice or a showing of innocence.
• Tompkins v. Dugger
  549 So. 2d 1370· Fla.· 1989-09-14 ·cited 32×
  Wayne Tompkins, sentenced to death for the murder of a 15-year-old girl, petitioned for habeas corpus relief and appealed the denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court rejected all of his claims, including those challenging the denial of
• Sawyer v. Butler
  881 F.2d 1273· 5th Cir.· 1989-08-15 ·cited 32×
  The court held that the prosecutor's remarks in closing argument did not violate Caldwell v. Mississippi because they did not render the sentencing phase fundamentally unfair, and thus did not warrant a new sentencing hearing.
• Lancaster v. Lanson Newsome
  880 F.2d 362· 11th Cir.· 1989-08-10 ·cited 32×
  The court held that the unconstitutional jury instruction regarding intent was harmless error because the evidence overwhelmingly established the defendant's intent to kill, and that Brady claims were procedurally defaulted.
• Lindsey v. Thigpen
  875 F.2d 1509· 11th Cir.· 1989-05-24 ·cited 32×
  The court denied all relief sought by the petitioner, including a stay of execution, appointment of new counsel, and certificates of probable cause, finding that his claims were procedurally barred, an abuse of the writ, or otherwise without merit.
• Cary Michael Lambrix v. Dugger
  529 So. 2d 1110· Fla.· 1988-08-18 ·cited 32×·via Writ Of Habeas Corpus
  Cary Michael Lambrix, a death row inmate, petitioned for habeas corpus relief arguing his appellate counsel was ineffective. The Florida Supreme Court rejected his claims regarding jury selection procedures and the refusal to instruct on voluntary intoxication, finding no constit
• Owen v. State OF Ala.
  849 F.2d 536· 11th Cir.· 1988-07-13 ·cited 32×
  The court held that the admission of Owen's confession, obtained in violation of Miranda and Edwards, was not harmless error because it was the primary evidence of intent to kill and undermined the insanity defense.
• Ortega v. O'Leary
  843 F.2d 258· 7th Cir.· 1988-03-21 ·cited 32×
  The court held that while the trial court erred in denying the defendant's request to testify and failing to ascertain a voluntary waiver, this error was harmless beyond a reasonable doubt given the cumulative nature of the proposed testimony and the overall strength of the prose
• Foster v. State
  518 So. 2d 901· Fla.· 1987-12-03 ·cited 32×·via Writ Of Habeas Corpus
  Charles Kenneth Foster, sentenced to death in 1975 for murder, challenged his sentence on grounds that the jury and judge were not instructed to consider nonstatutory mitigating factors. The Florida Supreme Court affirmed the denial of his postconviction motion but granted his ha
• Messer v. Kemp
  831 F.2d 946· 11th Cir.· 1987-10-16 ·cited 32×·via Writ Of Habeas Corpus
  The court held that the denial of a defendant's motion for independent psychiatric assistance, when sanity was a significant issue, violated due process under Ake v. Oklahoma.
• Rose v. Dugger
  508 So. 2d 321· Fla.· 1987-05-07 ·cited 32×·via Writ Of Habeas Corpus
  James Franklin Rose sought habeas corpus relief and a stay of execution for his capital murder conviction, raising claims of inadequate appellate review, arbitrary imposition of the death penalty, ineffective assistance of appellate counsel, and improper jury communications. The
• Phillips v. Lane
  787 F.2d 208· 7th Cir.· 1986-03-20 ·cited 32×
  A state court's decision resting on adequate and independent state grounds, such as procedural default, bars federal habeas corpus review, even if the court also considered the merits of the claim.
• Golden v. Lanson Newsome
  755 F.2d 1478· 11th Cir.· 1985-03-25 ·cited 32×
  A criminal defendant's escape during trial does not automatically waive their Sixth Amendment right to counsel at sentencing; the waiver must be knowing and intelligent.
• Murray v. Maggio
  736 F.2d 279· 5th Cir.· 1984-07-16 ·cited 32×·via Petition For Habeas Corpus Relief
  The court held that the defendant failed to demonstrate ineffective assistance of counsel under the Strickland standard, as counsel's actions were either strategic or not prejudicial.
• O'Bryan v. McKASKLE
  729 F.2d 991· 5th Cir.· 1984-03-29 ·cited 32×
  The court denied the applications for a stay of execution and a certificate of probable cause, finding the movant failed to make a substantial showing of the denial of a federal right.
• Tinghitella v. State OF Cal.
  718 F.2d 308· 9th Cir.· 1983-10-12 ·cited 32×·via Writ Of Habeas Corpus
  The court held that the Interstate Agreement on Detainers (IAD) and the Sixth Amendment speedy trial right do not require a state to return a prisoner for sentencing if the prisoner has not made a proper request for final disposition under the IAD and has waived the right to be p
• Witt v. Louie L. Wainwright
  714 F.2d 1069· 11th Cir.· 1983-09-16 ·cited 32×
  Johnny Paul Witt was convicted of first-degree murder and sentenced to death for the 1973 killing of an 11-year-old boy. On federal habeas review, the Eleventh Circuit affirmed the district court's rejection of Witt's challenges to the admission of his confession, the Florida Sup
• Brooks v. Francis
  716 F.2d 780· 11th Cir.· 1983-09-15 ·cited 32×·via Habeas Corpus Relief
  The court held that while prosecutorial misconduct occurred during the sentencing phase, it did not render the guilt phase fundamentally unfair. However, the misconduct during sentencing was so prejudicial that it denied the defendant a fair sentencing hearing.
• Ford v. State
  407 So. 2d 907· Fla.· 1981-12-04 ·cited 32×·via Writ Of Habeas Corpus
  Ford, sentenced to death for first-degree murder, challenged his conviction and sentence through post-conviction relief and habeas corpus petitions, alleging ineffective assistance of both trial and appellate counsel. The Florida Supreme Court affirmed the denial of relief, apply
• Hines v. Enomoto
  658 F.2d 667· 9th Cir.· 1981-10-05 ·cited 32×
  The majority's conclusion that the state's inadvertent provision of fewer peremptory challenges than statutorily required violates the Due Process Clause is foreclosed by Supreme Court precedent.
• Runnels v. Hess
  653 F.2d 1359· 10th Cir.· 1981-07-13 ·cited 32×
  The court held that enforcement of Oklahoma's contemporaneous objection rule in this case fails to serve a legitimate state interest and should not bar review of the federal question.
• Batten v. Scurr
  649 F.2d 564· 8th Cir.· 1981-05-19 ·cited 32×·via Writ Of Habeas Corpus
  The court held that the state's evidentiary rulings do not raise a federal constitutional question reviewable by writ of habeas corpus unless they directly implicate constitutional rights.
• Braxton v. Estelle
  641 F.2d 392· 5th Cir.· 1981-04-03 ·cited 32×
  The court held that the petitioner's numerous complaints were without merit and affirmed the District Court's denial of his § 2254 petition.
• Cherry v. Dir., State Bd. OF Corr.
  635 F.2d 414· 5th Cir.· 1981-01-27 ·cited 32×
  The court concurred that the trial judge's sua sponte grant of a mistrial was violative of manifest necessity standards, but denied habeas relief because the Jorn decision does not retroactively apply to the pre-Jorn mistrial.
• Lincoln Isaac v. Engle
  646 F.2d 1129· 6th Cir.· 1980-12-12 ·cited 32×
• Mata v. Sumner
  611 F.2d 754· 9th Cir.· 1979-12-21 ·cited 32×·via Habeas Corpus Proceedings
  The court held that the pre-trial photographic identification procedure was so impermissibly suggestive as to create a substantial likelihood of irreparable misidentification, violating due process.
• Eutues White v. Finkbeiner
  611 F.2d 186· 7th Cir.· 1979-12-07 ·cited 32×·via Habeas Corpus Relief
• United States ex rel. Conrad A. Dancy v. Arnold
  572 F.2d 107· 3d Cir.· 1978-02-21 ·cited 32×·via Writ Of Habeas Corpus
  A youth offender sentenced under the Federal Youth Corrections Act (YCA) cannot be confined in the general population of a federal penitentiary, as this violates the Act's requirement for segregation from adult offenders.
• LiPUMA v. Comm'r, Dep't OF Corr., State OF NEW York
  560 F.2d 84· 2d Cir.· 1977-07-11 ·cited 32×
  The court held that the petitioner's failure to comply with state procedural rules for suppression motions barred his Fourth Amendment claim on federal habeas review, and his counsel's actions did not constitute ineffective assistance of counsel under the stringent Second Circuit
• Riley I. Gillihan v. Rodriguez
  551 F.2d 1182· 10th Cir.· 1977-02-28 ·cited 32×
  The court held that the petitioner was not denied effective assistance of counsel, nor were his constitutional rights violated by the imposition of the death penalty or consecutive sentences, and affirmed the denial of habeas corpus relief.
• Finis Smith Blankenship v. Estelle
  545 F.2d 510· 5th Cir.· 1977-01-17 ·cited 32×
  The court held that the admission of other crimes evidence did not violate due process because a strong link was established between the defendant and the other offenses, satisfying the fundamental fairness standard.
• Noorlander v. Ciccone
  489 F.2d 642· 8th Cir.· 1973-12-27 ·cited 32×·via Habeas Corpus Proceedings
  A district court rule permitting a magistrate to hold preliminary evidentiary hearings in habeas corpus cases is valid, provided the district judge retains ultimate decision-making power and a de novo review is available.
• Linroy Davis v. Heyd
  479 F.2d 446· 5th Cir.· 1973-05-29 ·cited 32×
  The majority opinion, which the dissent disagrees with, found that factual inconsistencies in witness statements presented a question of law, potentially requiring a retrial of the state conviction.