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

• Egan v. Harley O. Teets
  251 F.2d 571· 9th Cir.· 1957-12-26 ·cited 30×·via Writ Of Habeas Corpus
  The court held that the district court erred in dismissing the application without a hearing on the claim of denial of the right to appeal, but affirmed the dismissal of other claims. The court also held that the appellant waived his right to appeal the suppression of his appeal
• Meyers v. United States
  181 F.2d 802· D.C. Cir.· 1950-04-10 ·cited 30×·via Writ Of Habeas Corpus
  The court held that a motion to vacate a conviction under 28 U.S.C. § 2255 and a petition for a writ of habeas corpus are not proper remedies for alleged errors of law occurring during a trial, unless the remedy under § 2255 is inadequate or ineffective.
• Johnson v. DYE
  175 F.2d 250· 3d Cir.· 1949-05-17 ·cited 30×
  The court held that the petitioner was subjected to cruel and unusual punishment by the State of Georgia, violating the Fourteenth Amendment, and therefore must be discharged from custody.
• Johnson v. State
  135 So. 3d 1002· Fla.· 2014-01-09 ·cited 29×·via Writ Of Habeas Corpus
  Richard Allen Johnson, convicted of first-degree murder, kidnapping, and sexual battery in the 2001 death of Tammy Hagin, appealed the denial of his postconviction Rule 3.851 motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of all postconviction r
• Stewart v. State
  37 So. 3d 243· Fla.· 2010-05-27 ·cited 29×·via Writ Of Habeas Corpus
  Kenneth Allen Stewart appealed the denial of his Rule 3.851 motion to vacate his death sentence for the 1984 murder of Ruben Diaz, and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the postconviction court's denial of relief, rejecting Stewart's claim
• White v. State
  964 So. 2d 1278· Fla.· 2007-07-12 ·cited 29×
  William Melvin White, convicted of first-degree murder and sentenced to death in 1978 for the murder of Gracie Mae Crawford, appeals the circuit court's denial of his Rule 3.851 motion for post-conviction relief. The Florida Supreme Court affirms the denial, rejecting White's cla
• Peterka v. State
  890 So. 2d 219· Fla.· 2004-09-30 ·cited 29×·via Writ Of Habeas Corpus
  Daniel Peterka, sentenced to death for murdering his roommate in 1989, appealed the trial court's denial of postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of all relief, finding no ineffective assistance of trial or appellate
• Johnson v. Singletary
  612 So. 2d 575· Fla.· 1993-01-29 ·cited 29×·via Writ Of Habeas Corpus
  Larry Joe Johnson, a death row inmate, petitioned for habeas corpus relief challenging his death sentence based on allegedly improper jury instructions regarding aggravating factors under Eighth Amendment standards set by recent Supreme Court precedent. The Florida Supreme Court
• Byrne v. Butler
  845 F.2d 501· 5th Cir.· 1988-05-09 ·cited 29×
• Brown v. Butler
  811 F.2d 938· 5th Cir.· 1987-03-10 ·cited 29×
  The court held that a guilty plea is voluntary if the defendant is aware of the elements of the crime, and that a Sixth Amendment right to counsel does not extend to routine presentence interviews. However, failure to advise a defendant of a potential venue defense may constitute
• Makana LEE & Ft. Steuben Co., Inc. v. Johnson
  799 F.2d 31· 3d Cir.· 1986-08-07 ·cited 29×
  The court held that the Government's position must be clearly reasonable, well-founded in law and fact, to be considered substantially justified under the amended Equal Access to Justice Act.
• Diggs v. United States
  740 F.2d 239· 3d Cir.· 1984-07-26 ·cited 29×·via Habeas Corpus Relief
  The court should remand with instructions for the district court to entertain the Rule 35 motion to the extent it is based on facts arising before the 120-day period.
• United States ex rel. John Williams v. DeROBERTIS
  715 F.2d 1174· 7th Cir.· 1983-08-19 ·cited 29×
  A criminal defendant's ignorance of specific jury attributes, such as the right to participate in jury selection or the requirement of a substantial majority vote for conviction, does not render their waiver of a jury trial constitutionally invalid.
• Francois v. State
  423 So. 2d 357· Fla.· 1982-12-01 ·cited 29×·via Writ Of Habeas Corpus
  Marvin Francois, convicted of six first-degree murders and sentenced to death, appealed the denial of his motion for post-conviction relief under Rule 3.850 and filed a habeas corpus petition alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Cour
• United States v. Baynes
  687 F.2d 659· 3d Cir.· 1982-08-11 ·cited 29×
  The court held that trial counsel's failure to investigate potentially exculpatory voice exemplar evidence constituted ineffective assistance of counsel, and that prejudice must be shown for habeas relief.
• Quintin Orpiano v. Johnson
  632 F.2d 1096· 4th Cir.· 1980-09-17 ·cited 29×
  The court held that supervisory prison officials were not liable for deliberate indifference based on a single incident, but affirmed the judgment against the guards directly involved in the assault.
• United States ex rel. Leo Anthony DiGIANGIEMO v. Regan
  528 F.2d 1262· 2d Cir.· 1975-12-29 ·cited 29×
  The court held that the petitioner's constitutional rights were not violated by the failure to apply collateral estoppel in his case, affirming the denial of his habeas corpus petition.
• Morris v. Wyrick
  516 F.2d 1387· 8th Cir.· 1975-05-14 ·cited 29×
  The court held that a state prisoner was not denied his Sixth Amendment right to a speedy trial, and the district court did not err in denying his habeas corpus petition without an evidentiary hearing.
• United States ex rel. Gerard A. Bailey v. U. S. Commanding Officer OF the Off. OF the Provost Marshal
  496 F.2d 324· 1st Cir.· 1974-05-15 ·cited 29×·via Writ Of Habeas Corpus
  The court held that a petitioner who repeatedly absents himself without leave may be disentitled to seek relief from the court's resources.
• Gerzin v. Beto
  459 F.2d 671· 5th Cir.· 1972-04-13 ·cited 29×
• United States ex rel. James L. Worlow v. Pate
  411 F.2d 972· 7th Cir.· 1969-06-10 ·cited 29×
  The district court erred in denying habeas corpus petitions without compelling the state court record to determine if petitioners received a full and fair hearing.
• Jimenez v. Barber
  252 F.2d 550· 9th Cir.· 1958-01-30 ·cited 29×·via Writ Of Habeas Corpus
  The court held that the appeal presented no substantial question and dismissed the appeal as frivolous, denying the motion for a temporary restraining order.
• Wood v. Allen
  542 F.3d 1281· 11th Cir.· 2008-09-16 ·cited 28×·via Habeas Corpus Relief
  The dissenting judge argues that the majority erred in denying habeas relief on the claim of ineffective assistance of counsel during the penalty phase. The dissent asserts that counsel's failure to investigate and present evidence of the defendant's mental impairments constitute
• Blocker v. State
  968 So. 2d 686· Fla. 2d DCA· 2007-11-16 ·cited 28×
  Troy Blocker appealed the denial of his motion to correct an allegedly illegal sentence, claiming a discrepancy between his written sentences of 99 years and a sentencing transcript reflecting 9 years. The court affirmed the denial, holding that when the State reasonably contests
• Sliney v. State
  944 So. 2d 270· Fla.· 2006-11-09 ·cited 28×·via Writ Of Habeas Corpus
  Jack Sliney, a death row inmate, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus following his conviction for the 1992 murder and armed robbery of a pawn shop owner. The Florida Supreme Court affirmed th
• State v. Knight
  866 So. 2d 1195· Fla.· 2003-08-21 ·cited 28×·via Writ Of Habeas Corpus
  Muhammad, a death row inmate, sought post-conviction relief on his death sentence for murdering a Department of Corrections guard, claiming Brady violation and ineffective assistance of appellate counsel. The Florida Supreme Court reversed the trial court's order vacating the dea
• Pace v. State
  854 So. 2d 167· Fla.· 2003-05-22 ·cited 28×·via Writ Of Habeas Corpus
  Bruce Douglas Pace appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus following his conviction for first-degree murder and armed robbery of a taxicab driver. The Florida Supreme Court affirms the postconviction court's
• Armstead v. State
  817 So. 2d 841· Fla.· 2002-05-09 ·cited 28×·via Writ Of Habeas Corpus
  The Florida Supreme Court dismissed a habeas corpus petition filed by Brenda Armstead and sanctioned her for abusing the judicial system through a pattern of filing incomprehensible and frivolous pleadings. The Court exercised its inherent power to restrict Armstead's future fili
• Olen Clay Gorby v. State
  819 So. 2d 664· Fla.· 2002-04-11 ·cited 28×·via Writ Of Habeas Corpus
  Olen Clay Gorby, convicted of first-degree murder and sentenced to death, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's de
• Cordell T. Allen v. State
  751 So. 2d 56· Fla. 5th DCA· 1999-03-05 ·cited 28×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel is improper when it is successive to prior direct appeals and motions attacking the sentence.
• Singletary v. Genorval Slay
  688 So. 2d 319· Fla.· 1997-02-06 ·cited 28×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that when a defendant is resentenced after violating probation on a pre-1989 split sentence, a trial court's award of "credit for all time served" is sufficient to include both time actually served and unforfeited gain-time earned during the origina
• Teffeteller v. Dugger
  676 So. 2d 369· Fla.· 1996-03-07 ·cited 28×·via Writ Of Habeas Corpus
  Four death row inmates appealed the trial court's denial of Florida Rule of Criminal Procedure 3.850 postconviction relief motions, challenging their representation by attorney Howard Pearl who undisclosed conflicts of interest as a deputy sheriff. The Florida Supreme Court vacat
• Patterson v. State
  664 So. 2d 31· Fla. 4th DCA· 1995-11-29 ·cited 28×·via Writ Of Habeas Corpus
  Patterson appealed the denial of his habeas corpus petition challenging his conviction. The court affirmed, holding that Patterson's claims of involuntary plea and ineffective assistance of counsel are properly raised through post-conviction relief under Florida Rule 3.850, which
• Raleigh Porter v. State
  653 So. 2d 374· Fla.· 1995-03-28 ·cited 28×·via Writ Of Habeas Corpus
  Raleigh Porter, a death row inmate, challenged his death sentence through a second 3.850 postconviction motion and habeas petition, raising claims of trial counsel conflict of interest, Brady violations, resentencing counsel ineffectiveness, and newly discovered mitigating eviden
• Fernandez v. United States
  941 F.2d 1488· 11th Cir.· 1991-09-18 ·cited 28×
  Fernando Fernandez, convicted of racketeering and marijuana conspiracy and sentenced to twelve years in prison, sought collateral relief based on a severe heart condition diagnosed as terminal coronary artery disease. He filed motions under Federal Rule of Criminal Procedure 35(b
• Woods v. Dugger
  923 F.2d 1454· 11th Cir.· 1991-02-05 ·cited 28×
  The court held that the combination of pretrial publicity and the presence of numerous uniformed prison guards in the courtroom created an unacceptable risk of prejudice, thereby depriving the petitioner of his Sixth Amendment right to a fair trial.
• T.D.L. v. Chinault
  570 So. 2d 1335· Fla. 2d DCA· 1990-07-11 ·cited 28×·via Writ Of Habeas Corpus
  T.D.L., a juvenile, sought habeas corpus relief from a contempt sentence imposing secure detention followed by county jail incarceration after reaching adulthood. The court held that secure detention cannot be used to punish contempt by juveniles and that adult sanctions require
• Tinsley v. Borg
  895 F.2d 520· 9th Cir.· 1990-01-19 ·cited 28×
  A juror's prior professional experience counseling a rape victim, without more, does not create implied bias sufficient to warrant a new trial, especially when the state courts found no actual bias and the juror testified to impartiality.
• Garlington v. O'Leary
  879 F.2d 277· 7th Cir.· 1989-07-17 ·cited 28×
  The admission of a codefendant's statement as a coconspirator's statement did not violate the defendant's Sixth Amendment right to confrontation, and the evidence was sufficient to support the conviction.
• Orazio v. Dugger
  876 F.2d 1508· 11th Cir.· 1989-07-11 ·cited 28×
  The court held that the denial of the right to self-representation and the subsequent failure of appellate counsel to raise this issue on direct appeal constituted ineffective assistance of counsel, and that the defendant did not waive his right to self-representation.
• Coleman v. Saffle
  869 F.2d 1377· 10th Cir.· 1989-03-06 ·cited 28×
  The court held that Coleman's claim regarding the unconstitutional aggravating circumstance instruction was not barred by abuse of the writ or procedural default, and that the application of Oklahoma's subsequent reweighing rule did not violate ex post facto principles.
• Jones v. Dugger
  867 F.2d 1277· 11th Cir.· 1989-02-28 ·cited 28×
  The court held that a jury instruction failing to inform the jury they should consider all mitigating evidence, not just statutory, constitutes reversible error, even if the judge considered non-statutory evidence.
• Henderson v. Thieret
  859 F.2d 492· 7th Cir.· 1988-10-05 ·cited 28×
  A district court may raise procedural default sua sponte, but cannot override a state's implicit waiver of that defense. A habeas petitioner must demonstrate both deficient counsel performance and prejudice to succeed on an ineffective assistance of counsel claim.
• Hiram Eugene Meyer v. Sargent
  854 F.2d 1110· 8th Cir.· 1988-08-24 ·cited 28×
  A criminal defendant's insistence on removing appointed counsel mid-trial, after being warned that no replacement would be appointed, constitutes a knowing and intelligent waiver of the right to counsel, especially when the motion appears obstructionist.
• McKinley Dudley v. Duckworth
  854 F.2d 967· 7th Cir.· 1988-08-08 ·cited 28×
  The admission of testimony regarding anonymous threats against a witness, without any evidence linking the defendant to the threats, was of such magnitude that it denied the petitioner fundamental fairness and violated his Fourteenth Amendment rights.
• Cooper v. Dugger
  526 So. 2d 900· Fla.· 1988-05-12 ·cited 28×·via Writ Of Habeas Corpus
  Vernon Ray Cooper, a death row inmate, challenged his capital sentence on habeas corpus, arguing that the trial judge improperly excluded nonstatutory mitigating evidence at his sentencing hearing in violation of Lockett v. Ohio and Hitchcock v. Dugger. The Florida Supreme Court
• Lavernia v. Lynaugh
  845 F.2d 493· 5th Cir.· 1988-05-05 ·cited 28×
  The court held that the district court did not err in rejecting the prisoner's habeas corpus claims, affirming the conviction.
• Williams v. State
  516 So. 2d 975· Fla. 5th DCA· 1987-11-05 ·cited 28×·via Writ Of Habeas Corpus
  Williams was convicted of robbery based on a getaway driver theory, but the court reversed because under the controlling precedent Royal v. State, the force used by the security guard occurred after the thief had taken the money, meaning no robbery occurred. The court held that f
• Buckley v. Butler
  825 F.2d 895· 5th Cir.· 1987-08-27 ·cited 28×·via Writ Of Habeas Corpus
  The court held that the record sufficiently demonstrated that the defendant's admission of prior convictions in the multiple bill proceeding was intelligent and voluntary, satisfying any applicable Boykin-type requirements.
• Wicker v. O.L. McCOTTER
  798 F.2d 155· 5th Cir.· 1986-08-23 ·cited 28×
  The court held that the petitioner failed to present a debatable issue for appeal regarding racial discrimination in the death penalty and that the inevitable discovery doctrine barred his due process claim concerning evidence admissibility.