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

• MacKENNA v. Ellis
  289 F.2d 928· 5th Cir.· 1961-05-02 ·cited 142×·via Writ Of Habeas Corpus
  The court modified its prior decision on rehearing en banc, substituting new directions for the disposition of the petitioner.
• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×
  The dissenting judge would reverse the dismissal of claims alleging cruel and unusual punishment due to reckless endangerment and apply the full procedural safeguards of Morrissey v. Brewer to parole and good time revocation proceedings.
• Crosley A. Green v. State
  975 So. 2d 1090· Fla.· 2008-01-31 ·cited 140×·via Writ Of Habeas Corpus
  Crosley Green appealed his first-degree murder conviction and death sentence, raising numerous claims including Brady violations, newly discovered evidence, and ineffective assistance of counsel. The Florida Supreme Court affirmed the conviction but granted a new penalty phase be
• Schoenwetter v. State
  46 So. 3d 535· Fla.· 2010-07-01 ·cited 139×·via Writ Of Habeas Corpus
  Randy Schoenwetter, convicted of murdering two members of a family he knew and attempting to murder a third, challenges his death sentence through postconviction relief and habeas corpus, arguing ineffective assistance of counsel during pretrial and penalty phases, constitutional
• Parker v. State
  904 So. 2d 370· Fla.· 2005-03-24 ·cited 139×·via Writ Of Habeas Corpus
  Dwayne Parker, a death row inmate, appealed the trial court's summary denial of his Rule 3.851 motion for postconviction relief and filed a concurrent habeas corpus petition. The Florida Supreme Court reversed in part and remanded for an evidentiary hearing on ineffective assista
• Arbelaez v. State
  898 So. 2d 25· Fla.· 2005-01-27 ·cited 137×·via Writ Of Habeas Corpus
  Guillermo Arbelaez, a death row inmate convicted of murdering a five-year-old child in 1991, challenged his death sentence on grounds of ineffective assistance of trial counsel during the penalty phase, specifically regarding the presentation of mitigation evidence about his epil
• Adams v. Louie L. Wainwright
  709 F.2d 1443· 11th Cir.· 1983-07-18 ·cited 137×
  The court held that the petitioner failed to establish ineffective assistance of counsel and that the imposition of the death penalty was not unconstitutional, affirming the denial of the writ of habeas corpus.
• Foster v. State
  614 So. 2d 455· Fla.· 1992-10-22 ·cited 136×
  Charles Kenneth Foster appeals his death sentence imposed after resentencing. The Florida Supreme Court affirmed the denial of his postconviction motion for procedural and substantive reasons, but vacated and remanded his death sentence because the trial court's resentencing orde
• Hiers v. Mitchell
  95 Fla. 345· Fla.· 1928-02-22 ·cited 135×·via Habeas Corpus Proceedings
  The Florida Supreme Court reversed a lower court decision that held Chapter 12412, Acts of 1927 (an automobile tire and tube dealer license tax) unconstitutional. The court upheld the statute against multiple constitutional challenges, including claims that it violated the title
• Thompson v. Louie L. Wainwright
  787 F.2d 1447· 11th Cir.· 1986-04-10 ·cited 134×
  The court held that while counsel's failure to investigate Thompson's background was deficient, it did not prejudice Thompson under the Strickland standard because the overwhelming aggravating circumstances would have led to the same death sentence. The court also found no merit
• Baty v. Balkcom
  661 F.2d 391· 5th Cir.· 1981-11-16 ·cited 131×
• Marsden v. Louie Moore
  847 F.2d 1536· 11th Cir.· 1988-06-28 ·cited 130×
  The court held that the district court did not err in denying the habeas corpus petition, as the defendant failed to demonstrate prejudice from pretrial publicity or violations of his constitutional rights regarding identification procedures or compelled physical evidence display
• Alvord v. Louie L. Wainwright
  725 F.2d 1282· 11th Cir.· 1984-02-10 ·cited 130×
  The Eleventh Circuit reversed the district court's grant of habeas corpus on the death sentence, finding that reliance on a non-statutory aggravating factor (future dangerousness) was not constitutional error under Supreme Court precedent. The court also affirmed the denial of ha
• Dufour v. State
  905 So. 2d 42· Fla.· 2005-04-14 ·cited 128×·via Writ Of Habeas Corpus
  Donald Dufour appeals denial of his postconviction motion for relief from his 1986 death sentence for first-degree murder and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all relief, finding that trial counsel's performance was not i
• Foster v. State
  810 So. 2d 910· Fla.· 2002-02-14 ·cited 128×·via Writ Of Habeas Corpus
  Charles Kenneth Foster, a death row inmate, appealed the trial court's summary denial of his fourth Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas cor
• Provenzano v. Dugger
  561 So. 2d 541· Fla.· 1990-04-26 ·cited 128×
  Thomas Provenzano, convicted of murder and attempted murder after shooting in a courthouse, challenges his death sentence through postconviction relief and habeas corpus petitions. The Florida Supreme Court affirms the denial of postconviction relief but orders disclosure of cert
• State ex rel. Charles B. Sparks v. Mrs. A. E. Reeves
  97 So. 2d 18· Fla.· 1957-09-18 ·cited 127×·via Habeas Corpus For Child Custody
  The court affirmed the denial of custody transfer, but without prejudice to the father to renew his application, emphasizing that continued demonstration of his capacity to care for the children should lead to recognition of his legal right.
• Bryant v. State
  901 So. 2d 810· Fla.· 2005-04-28 ·cited 126×·via Writ Of Habeas Corpus
  Byron Bryant challenges a circuit court order striking his initial postconviction motion and, alternatively, denying his Rule 3.851 motion for postconviction relief. The Florida Supreme Court holds that the trial court abused its discretion by striking the motion without granting
• Pate v. Holman
  341 F.2d 764· 5th Cir.· 1965-02-16 ·cited 126×
  The court held that a prisoner is entitled to an evidentiary hearing to determine if indigency prevented him from obtaining appellate counsel after his trial attorney withdrew and he could not afford to hire another.
• Walls v. State
  926 So. 2d 1156· Fla.· 2006-02-09 ·cited 125×·via Writ Of Habeas Corpus
  Frank A. Walls, convicted of two murders and sentenced to death, appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus. The Florida Supreme Court affirms the trial court's denial of post-convicti
• Bradley v. State
  33 So. 3d 664· Fla.· 2010-01-07 ·cited 123×·via Writ Of Habeas Corpus
  Donald Bradley appeals the denial of his Rule 3.851 motion for postconviction relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for a 1995 murder-for-hire. The Florida Supreme Court affirms the denial of his postconviction
• Downs v. Moore
  801 So. 2d 906· Fla.· 2001-09-26 ·cited 122×·via Writ Of Habeas Corpus
  Ernest Charles Downs petitioned for habeas corpus relief on grounds of ineffective assistance of appellate counsel, raising twelve claims. The Florida Supreme Court denied the petition, finding that appellate counsel was not deficient under Strickland standards because the claims
• Raley v. State
  675 So. 2d 170· Fla. 5th DCA· 1996-05-10 ·cited 122×·via Writ Of Habeas Corpus
  Wayne Raley appealed a trial court's summary denial of his habeas corpus petition challenging his sexual battery sentence as illegal. The court affirmed the denial of habeas corpus relief and most of the Rule 3.800(a) post-conviction claims, but vacated the trial court's improper
• Hildwin v. Dugger
  654 So. 2d 107· Fla.· 1995-01-19 ·cited 120×·via Writ Of Habeas Corpus
  Paul Christopher Hildwin, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion and petitioned for habeas corpus relief. The Florida Supreme Court found that trial counsel was ineffective during the penalty phase for failing to investigate and presen
• Suarez v. Dugger
  527 So. 2d 190· Fla.· 1988-06-14 ·cited 120×·via Writ Of Habeas Corpus
  Ernesto Suarez, under a death warrant for first-degree murder of a police officer, petitioned for habeas corpus and sought review of the trial court's denial of his motion to disqualify the trial judge and his Rule 3.850 motion to vacate judgment and sentence. The Florida Supreme
• Goodwin v. Balkcom
  684 F.2d 794· 11th Cir.· 1982-09-03 ·cited 120×
  The court held that the state trial court's capital sentencing instructions were constitutionally insufficient because they failed to adequately guide the jury on mitigating circumstances and the option to recommend against death. The court also found that the defendant was denie
• Brubaker v. Dickson
  310 F.2d 30· 9th Cir.· 1962-11-14 ·cited 120×
  The court held that the petitioner alleged sufficient facts to warrant a hearing on his claim of ineffective assistance of counsel, as the alleged failures to investigate and present defenses rendered his trial fundamentally unfair.
• Wright v. State
  857 So. 2d 861· Fla.· 2003-07-03 ·cited 119×·via Writ Of Habeas Corpus
  Joel Dale Wright appeals the denial of his second motion for postconviction relief and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief and rejects Wright's habeas claims, finding procedural bars,
• Nollie Lee Martin v. Louie L. Wainwright
  770 F.2d 918· 11th Cir.· 1985-08-26 ·cited 118×
  The court's precedent on general deterrence evidence in capital penalty phases is contradictory and creates an unfair advantage for the prosecution.
• Smith v. Balkcom
  660 F.2d 573· 5th Cir.· 1981-11-02 ·cited 116×
  The court held that the exclusion of veniremen unequivocally opposed to the death penalty did not violate the Sixth and Fourteenth Amendments, and that Georgia's capital sentencing review procedures were constitutionally adequate.
• Holloway v. Clay E. McELROY
  632 F.2d 605· 5th Cir.· 1980-12-11 ·cited 115×
  The court held that the state impermissibly shifted the burden of persuasion on the issue of self-defense to the defendant, violating due process, and that the evidence was insufficient to support the conviction under the Jackson v. Virginia standard.
• Jones v. State
  998 So. 2d 573· Fla.· 2008-12-23 ·cited 113×·via Writ Of Habeas Corpus
  Harry Jones was convicted of first-degree murder and sentenced to death for a 1991 killing. The Florida Supreme Court affirmed the trial court's denial of his Rule 3.850 postconviction motion and denied his habeas corpus petition, finding no Brady/Giglio violations, no prejudicia
• Limmie West, III v. State OF La.
  478 F.2d 1026· 5th Cir.· 1973-05-01 ·cited 113×
• Knight v. State
  721 So. 2d 287· Fla.· 1998-11-12 ·cited 112×
  Thomas Knight appeals his death sentences imposed on resentencing for the 1974 murders of Sydney and Lillian Gans, following a federal court's remand under Hitchcock v. Dugger. The Florida Supreme Court affirmed the death sentences, finding sufficient evidence of aggravating fact
• Hardwick v. Doolittle
  558 F.2d 292· 5th Cir.· 1977-08-29 ·cited 112×
  The court held that an injunction barring future habeas corpus petitions is improper, as res judicata does not apply to habeas proceedings and such injunctions risk violating the Suspension Clause. It also held that the defendant's retrial and resentencing did not violate double
• Pye v. Warden, Georgia Diagnostic Prison
  50 F.4th 1025· 11th Cir.· 2022-10-04 ·cited 111×
  Willie James Pye, convicted of murder, kidnapping, rape, and robbery, challenged his death sentence on federal habeas review, arguing that his trial counsel rendered ineffective assistance during sentencing by failing to investigate and present mitigating evidence of his difficul
• Melendez v. Singletary
  644 So. 2d 983· Fla.· 1994-09-08 ·cited 110×·via Writ Of Habeas Corpus
  The Court denied the petition for a writ of habeas corpus, finding the claims of ineffective appellate counsel to be without merit.
• Gray v. Lucas
  677 F.2d 1086· 5th Cir.· 1982-06-10 ·cited 110×
  The court held that the defendant's counsel provided effective assistance and that the state court's record was adequate for review, thus denying the petition for habeas corpus.
• Guice v. Fortenberry
  661 F.2d 496· 5th Cir.· 1981-11-18 ·cited 110×
  The court held that statistical analysis is not appropriate for determining discrimination in a deliberate selection process, unlike random selection.
• Guerro v. Mulhearn
  498 F.2d 1249· 1st Cir.· 1974-06-24 ·cited 109×·via Writ Of Habeas Corpus
  A federal court must stay its hand in a section 1983 damage action if disposition would involve ruling on the legality of a state conviction during pending state proceedings, but not every related action requires exhaustion.
• Carroll v. State
  815 So. 2d 601· Fla.· 2002-03-07 ·cited 108×·via Writ Of Habeas Corpus
  Elmer Leon Carroll, a death row inmate, appealed the denial of his Rule 3.850 motion for postconviction relief and petitioned for habeas corpus, raising claims of ineffective assistance of trial and appellate counsel, Brady violations, and mental incompetency. The Florida Supreme
• Brown v. Louie L. Wainwright
  392 So. 2d 1327· Fla.· 1981-01-15 ·cited 108×·via Writ Of Habeas Corpus
  Joseph Green Brown and 122 other death row inmates filed a consolidated habeas corpus petition challenging the Florida Supreme Court's consideration of non-record documents in capital sentencing review. The court rejected the joinder of petitions, held that its appellate review f
• Pompey v. Cochran
  685 So. 2d 1007· Fla. 4th DCA· 1997-01-08 ·cited 107×
  Pompey was incarcerated for civil contempt based on nonpayment of child support without any evidentiary showing that he possessed the ability to pay the purge amount set by the court. The Fourth District Court of Appeal granted habeas corpus relief, holding that the trial court's
• Hardwick v. Dugger
  648 So. 2d 100· Fla.· 1994-09-08 ·cited 107×·via Writ Of Habeas Corpus
  John Gary Hardwick, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding most claims procedurally barred and rejecting
• Smith v. Resor
  406 F.2d 141· 2d Cir.· 1969-01-13 ·cited 107×
  A federal court may review military decisions to call a reservist for active duty if the reservist's procedural rights under statutes and regulations were violated, causing substantial prejudice.
• Peters v. Rutledge
  397 F.2d 731· 5th Cir.· 1968-06-06 ·cited 106×
  The court held that while the arrest and seizure were constitutional, other claims raised by the appellant must first be presented to the Georgia state courts under their new habeas corpus act before federal review.
• J.B. Parker v. Dugger
  550 So. 2d 459· Fla.· 1989-10-25 ·cited 105×·via Writ Of Habeas Corpus
  J.B. Parker, a death row inmate, petitioned for a writ of habeas corpus and appealed the denial of his second postconviction relief motion under Florida Rule 3.850, raising eleven issues including claims about sentencing findings, jury composition, prosecutorial misconduct, and v
• Blake v. Kemp
  758 F.2d 523· 11th Cir.· 1985-03-29 ·cited 104×
  A court of appeals lacks authority to review a district court order granting a writ of habeas corpus unless that order finally disposes of all claims presented by the petitioner.
• Durwin D. Dunenas v. Moore
  762 So. 2d 1007· Fla. 3d DCA· 2000-07-12 ·cited 103×·via Writ Of Habeas Corpus
  Durwin Dunenas appealed the denial of his habeas corpus petition seeking post-conviction relief based on a claim that his sentence was illegal because it was imposed under the unconstitutional 1995 sentencing guidelines. The Florida District Court of Appeal affirmed the denial, h
• Rivera v. State
  728 So. 2d 1165· Fla.· 1998-12-10 ·cited 103×·via Writ Of Habeas Corpus
  The Florida Supreme Court imposed sanctions on Vincent Faustino Rivera, an inmate serving a life sentence, barring him from filing further frivolous or procedurally barred petitions after he had filed over twenty petitions to the Court attempting to relitigate issues already deci