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
-
The Florida Supreme Court held that it has constitutional authority to transfer cases involving improvidently invoked original jurisdiction to the appropriate district court of appeal, not merely dismiss them without prejudice. The Court overruled prior precedent restricting tran
-
-
420 F.2d 395·
4th Cir.·
1969-12-18
·cited 32×
A district court may not dismiss a habeas corpus petition for abuse of the writ without first notifying the petitioner and affording them an opportunity to explain any prior omissions.
-
413 F.2d 459·
8th Cir.·
1969-07-18
·cited 32×
The court held that the confessions were coerced and involuntary as a matter of law due to the totality of the circumstances, violating the defendant's constitutional rights.
-
412 F.2d 16·
2d Cir.·
1969-04-23
·cited 32×
The court held that the district court correctly dismissed the action for lack of jurisdiction because the petitioner was not within the court's territorial jurisdiction and the custodian was not amenable to its process.
-
418 F.2d 1095·
D.C. Cir.·
1969-04-16
·cited 32×
The court remanded the case for a hearing to determine if the appellant is 'mentally ill' in light of prior precedent.
-
The denial of an indigent defendant's request for a transcript of prior trial testimony, which was necessary to impeach a key witness, violated the defendant's constitutional right to equal protection.
-
409 F.2d 59·
5th Cir.·
1968-12-20
·cited 32×
-
-
The court held that because the Ohio post-conviction relief statute, as construed by the Ohio Supreme Court, provides no effective state remedy for the appellant's claims, he is not required to exhaust state remedies before seeking federal habeas corpus relief.
-
The Mississippi District Court erred in holding the Oklahoma District Court's order of arrest void, as the order was appealable and the Oklahoma court had jurisdiction to issue a temporary restraining order to preserve the status quo.
-
351 F.2d 840·
9th Cir.·
1965-10-19
·cited 32×
The court held that the district court erred in granting habeas corpus without an evidentiary hearing on the issue of whether the appellee competently and intelligently waived his right to counsel at arraignment.
-
The admission of a yellow note, seized during an unconstitutional search of the petitioner's room, was prejudicial and violated his Fourth Amendment rights, and this constitutional objection was not waived by his counsel's failure to object at trial.
-
The court held that the appellant's departure under the circumstances did not interrupt his continuous physical presence for the purpose of the statute, and the prior erroneous denial of discretionary relief should be reviewed.
-
272 F.2d 633·
5th Cir.·
1959-11-25
·cited 32×
The court held that the petitioner received adequate assistance of counsel and a fair trial, and that the military courts properly considered all claims.
-
The court held that petitioners failed to demonstrate a substantial question regarding a denial of due process, and thus a certificate of probable cause should be denied.
-
-
The court held that the district court did not err in refusing to consider a successive motion to vacate sentence, as it was within the judge's discretion and the grounds were not new.
-
The court should reverse and remand for a hearing on the defendant's motion to set aside his conviction, specifically limited to the charge of conspiracy between his chief counsel and the prosecution.
-
191 F.2d 963·
1st Cir.·
1951-10-26
·cited 32×
The court held that the petitioner was denied procedural due process under the Fourteenth Amendment by being forced to trial without adequate opportunity to secure counsel of his choice.
-
The dissenting judge believes the draft board's factual findings, if based on substantial evidence and fair deliberation, should be upheld, even if the evidence is equivocal.
-
The court held that a habeas corpus application must name the person with actual physical custody of the petitioner as the respondent, not a supervisor with only regulatory custody.
-
Bélgica Nubia Cruz petitioned for a writ of mandamus to quash a capias issued after she failed to appear in person at a pretrial conference, despite having filed a valid written waiver of appearance under Florida criminal procedure rules. The State confessed error, and the court
-
Bennie Demps, a death row inmate convicted of murdering a fellow inmate in 1976, challenged his death sentence through a third Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and rejected all claims of error, fi
-
Samuel Rivera, a death-row inmate convicted of murdering a police officer, appealed the denial of his postconviction relief motion. The Florida Supreme Court affirmed his murder conviction but vacated his death sentence and remanded for resentencing because the trial court improp
-
893 F.2d 1033·
9th Cir.·
1990-01-09
·cited 31×
The court held that the state is estopped from arguing procedural default because it previously represented to the federal court that an adequate and available state remedy existed, which contradicted its later argument that the petitioner was procedurally barred in state court.
-
871 F.2d 1384·
8th Cir.·
1989-04-10
·cited 31×
The court held that the state trial court's erroneous limitation on compulsory process did not warrant habeas relief as the absent witnesses' testimony was not material. It also held that the death sentence was not invalid under Collins v. Lockhart, as subsequent Supreme Court pr
-
Marvin Johnson, a death row inmate with a second execution warrant signed, sought habeas corpus relief and a stay of execution. The Florida Supreme Court denied his petition after reviewing five claims of constitutional error, finding none of them meritorious or demonstrating gro
-
Robert Brian Waterhouse was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated his death sentence due to the trial court's failure to instruct the jury to consider nonstatutory mitigating circumstances, violating
-
505 So. 2d 425·
Fla.·
1987-04-09
·cited 31×
Johnny Copeland, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his motion to vacate judgment and sentence. The Florida Supreme Court rejected all of Copeland's arguments, finding them either procedurally barred, previously decided, or la
-
807 F.2d 881·
11th Cir.·
1986-12-19
·cited 31×
The court held that the doctrine of Wainwright v. Sykes and Murray v. Carrier does not bar review of the petitioner's claim that the trial court unconstitutionally excluded mitigating evidence.
-
A district court may not summarily dismiss a habeas corpus petition alleging matters outside the record that, if true, could justify setting aside a guilty plea, without an evidentiary hearing.
-
711 F.2d 1273·
5th Cir.·
1983-08-15
·cited 31×
The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the conviction or sentence.
-
Tribal sovereign immunity bars a suit challenging a tribal business tax, and claims under the Indian Civil Rights Act are limited to habeas corpus relief in federal court.
-
686 F.2d 754·
9th Cir.·
1982-09-07
·cited 31×
The court held that a state court's consideration of a defendant's involuntary confession, obtained during a pre-sentence interview where the defendant was compelled to confess additional crimes, violates the Fifth Amendment privilege against self-incrimination.
-
The court held that issues raised in a motion to vacate sentence were either raised or could have been raised on direct appeal, or involved changes in decisional law not cognizable in such a motion.
-
641 F.2d 250·
5th Cir.·
1981-03-30
·cited 31×
The court held that a habeas petitioner's claims regarding a 1960 conviction were barred by Rule 9(a) due to prejudicial delay, but the 1948 conviction required an evidentiary hearing.
-
634 F.2d 1080·
8th Cir.·
1980-11-12
·cited 31×
The court held that a sheriff hand-picking jurors from his acquaintances, especially when his deputies investigated the crime, violates due process and the right to a fair jury.
-
-
The Court adopts the Florida Rules of Appellate Procedure (1977 Revision) with specific amendments and directs their publication with accompanying commentary.
-
The court's denial of rehearing en banc is dissented from, arguing the majority opinion improperly uses habeas corpus to prelitigate constitutional defenses in state criminal prosecutions.
-
447 F.2d 470·
9th Cir.·
1971-08-24
·cited 31×
The court held that a change in a defendant's status as a convicted felon after the date of firearm possession does not exempt them from prosecution under the relevant statute.
-
The judge, initially concurring with the panel majority, now joins the en banc opinion, agreeing with prospective application of the decision.
-
The State of Florida challenged a circuit court order requiring delivery of a parolee to the Sheriff of Pinellas County after the parolee filed a petition for writ of injunction challenging parole revocation proceedings. The court held that the circuit court lacked venue to hear
-
The Florida Supreme Court granted a writ of habeas corpus, ordering the discharge of a minor petitioner because the state failed to provide required statutory notice to his parents or guardian before his trial. This decision emphasizes the importance of procedural safeguards for
-
The Florida Supreme Court affirmed the postconviction court's denial of Hall's motion to vacate his first-degree murder conviction and death sentence, and denied his habeas petition. Hall was convicted of murdering Corrections Officer Donna Fitzgerald while imprisoned and claimed
-
Troy Victorino was convicted of six counts of first-degree murder and sentenced to death. On appeal of his postconviction relief motion, he challenged numerous aspects of his trial, including claims of ineffective assistance of counsel under Strickland v. Washington and a constit
-
Cary Michael Lambrix, convicted of two 1983 murders and sentenced to death, appealed the denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting claims that the State withheld exculpatory evidence regarding a witness's a
-
944 So. 2d 1182·
Fla. 1st DCA·
2006-12-15
·cited 30×
Mathis challenged the revocation of his parole following a trespass conviction, seeking certiorari review of a habeas corpus denial. The court held that parole revocation requires a hearing officer's explicit factual finding that violations were willful, and because the record wa
-
Bobby Raleigh, convicted of two counts of first-degree murder and sentenced to death, appeals the denial of his rule 3.851 motion for postconviction relief and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denial of all postconviction