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
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766 F.2d 1197·
8th Cir.·
1985-06-28
·cited 28×
The court held that the petitioner is not entitled to habeas corpus relief because his claims regarding competency, prosecutorial misconduct, insufficient evidence, trial court bias, and jury selection lack merit or are unexhausted.
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The admission of sworn, videotaped testimony from a deceased eyewitness did not violate the Confrontation Clause because the testimony was necessary and possessed particular guarantees of trustworthiness.
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756 F.2d 1520·
11th Cir.·
1985-04-08
·cited 28×
The court held that while the trial court's restriction on cross-examination regarding prior burglaries was likely harmless error, a remand is necessary to determine if the state failed to disclose an understanding or agreement with a key witness regarding prior crimes, which cou
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750 F.2d 494·
5th Cir.·
1985-01-17
·cited 28×
The court held that an incomplete trial transcript did not deny a meaningful appeal and that the petitioner received effective assistance of counsel at trial and on appeal.
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743 F.2d 1091·
5th Cir.·
1984-10-15
·cited 28×
The Louisiana Supreme Court's reliance on prejudicial, non-record information in reviewing a death sentence violates due process. Such reliance, especially when the court performs both reviewing and imposing functions, renders the appellate review constitutionally infirm.
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The Florida Supreme Court denied James DuPree Henry's various petitions for post-conviction relief and habeas corpus, and granted the state's motion to vacate a stay of execution in a capital murder case. The court rejected Henry's claims of racial bias in sentencing, alleged pro
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The court should grant the writ of habeas corpus because the conviction was obtained through unconstitutional means.
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716 F.2d 276·
5th Cir.·
1983-09-19
·cited 28×
The court held that issues not presented to the district court cannot be considered on appeal, even if previously noted by an amicus brief.
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711 F.2d 677·
5th Cir.·
1983-08-11
·cited 28×
The court held that the district court properly denied habeas corpus relief without an evidentiary hearing, as the record sufficiently demonstrated the voluntariness of the guilty plea and the adequacy of counsel.
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695 F.2d 1195·
9th Cir.·
1983-01-07
·cited 28×
A district court may summarily dismiss a habeas petition without first resolving exhaustion if the petition is facially without merit as a matter of law.
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693 F.2d 642·
7th Cir.·
1982-11-17
·cited 28×
The court held that a hearing should not be held to determine if the petitioner can show cause and prejudice for failing to make an adequate offer of proof.
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681 F.2d 688·
10th Cir.·
1982-06-01
·cited 28×
The court held that a federal habeas petition containing both exhausted and unexhausted claims must be dismissed in its entirety, requiring the petitioner to re-file with only exhausted claims or to exhaust the remaining claims.
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675 F.2d 141·
7th Cir.·
1982-04-08
·cited 28×
The court held that the trial court's refusal to give a voluntary manslaughter instruction was not a due process violation because there was insufficient evidence to support such a charge, and the jury's question about involuntary manslaughter was adequately answered by directing
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669 F.2d 6·
1st Cir.·
1981-12-28
·cited 28×
The court held that the district court properly denied the habeas corpus petitions, finding no constitutional violations regarding witness interference or evidentiary rulings that fatally infected the trial.
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The court held that the state breached the plea agreement by failing to ensure a promised psychiatric evaluation, and the defendant did not waive his right to it.
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The court held that the district court erred in applying Rule 9(a) as a strict statute of limitations, rather than as an invocation of the equitable doctrine of laches.
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588 F.2d 130·
5th Cir.·
1979-01-17
·cited 28×
The court held that a federal court is not required to grant a new evidentiary hearing in a habeas corpus case solely because the petitioner lacked counsel in the state court proceeding, and that a defendant is not entitled to appellate review unless they knowingly and intelligen
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587 F.2d 400·
9th Cir.·
1978-08-03
·cited 28×
The court held that the denial of a defendant's constitutional right to self-representation is automatically prejudicial and does not require a showing of specific harm.
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568 F.2d 1193·
5th Cir.·
1978-03-06
·cited 28×
The court granted a rehearing en banc, indicating a potential shift in precedent regarding the application of the Eighth Amendment to habitual offender statutes.
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570 F.2d 748·
8th Cir.·
1978-02-14
·cited 28×
A federal district court may dismiss a habeas corpus petition without examining the state court transcript if the petition, liberally construed, fails to allege facts indicating a constitutional violation.
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The court held that a federal court should not grant habeas corpus relief on Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims, even if the state court made an error.
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The court held that the failure to inform a defendant of a mandatory parole term at the time of a guilty plea, when the plea was based on a specific sentence agreement, creates a defect of constitutional dimensions violating the Due Process Clause.
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546 F.2d 1298·
7th Cir.·
1976-12-21
·cited 28×
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547 F.2d 452·
9th Cir.·
1976-11-03
·cited 28×
The court held that Stone v. Powell bars relitigation of Fourth Amendment claims in a § 2255 Tucker proceeding, and that the defendant's double jeopardy claim lacked merit.
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Federal prisoners are entitled to reasonably prompt hearings on parole or release violation warrants, and deferring such hearings until the expiration of an intervening sentence violates due process.
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The court held that a pro se prisoner's petition, even if styled under § 2255, should be treated as a writ of coram nobis if the petitioner is no longer in custody and alleges fundamental errors of fact.
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507 F.2d 693·
5th Cir.·
1975-01-31
·cited 28×
The court held that the Alabama courts erred in denying the habeas corpus petition, finding that the appellant was denied his Sixth and Fourteenth Amendment right to a speedy trial due to an unconstitutional nine-year delay.
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458 F.2d 942·
7th Cir.·
1972-04-06
·cited 28×
The court held that the petitioner's federal claim regarding the denial of his right to appeal due to his counsel's error was fairly presented to the state courts, satisfying the exhaustion requirement.
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The court held that a valid waiver of Miranda rights can be established by the prosecution showing the defendant was effectively advised of his rights and knowingly and understandingly declined to exercise them, without an express declaration of waiver.
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441 F.2d 569·
9th Cir.·
1971-04-30
·cited 28×
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423 F.2d 948·
8th Cir.·
1970-03-19
·cited 28×
The federal court erred in denying a habeas corpus petition without an evidentiary hearing when the state court hearing was deficient.
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417 F.2d 1197·
7th Cir.·
1969-10-28
·cited 28×
The court held that a petitioner alleging ineffective assistance of counsel, even retained counsel, has alleged sufficient facts to compel an evidentiary hearing, as gross unfairness in conviction constitutes state action.
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407 F.2d 826·
5th Cir.·
1969-02-24
·cited 28×
There is no constitutional right to appointed counsel for indigent defendants in state post-conviction proceedings.
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401 F.2d 211·
5th Cir.·
1968-08-30
·cited 28×
The court held that a petitioner seeking discharge as a conscientious objector must first exhaust available military remedies before seeking federal habeas corpus relief.
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377 F.2d 841·
3d Cir.·
1967-05-31
·cited 28×
The court held that the district court properly dismissed the appellant's petition for habeas corpus without a hearing, but modified the order to allow the appellant to file a new petition regarding certain claims.
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368 F.2d 465·
5th Cir.·
1966-11-01
·cited 28×
The court held that the defendant was denied effective assistance of counsel due to the extremely short time for preparation and the lack of thorough investigation and presentation of the defense.
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359 F.2d 554·
5th Cir.·
1966-03-22
·cited 28×
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A federal court cannot impose a second probation term after revoking an initial probation, especially if the violation occurs after the statutory maximum probation period has expired.
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348 F.2d 896·
2d Cir.·
1965-07-23
·cited 28×
The court vacated the order denying the petition and instructed dismissal without prejudice, allowing New York courts to address the claims first.
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An indigent defendant is not entitled to a free transcript for collateral attack on a conviction unless they demonstrate a specific need for it, distinguishing this from direct appeals where counsel's unfamiliarity may establish general need.
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335 F.2d 67·
4th Cir.·
1964-06-23
·cited 28×
The court held that the district court had jurisdiction to hear the habeas corpus petition regarding expired sentences and that the petitioner's conviction in Dickenson County was void due to inadequate legal representation, affirming the release order.
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327 F.2d 27·
9th Cir.·
1964-01-27
·cited 28×
The court affirmed the dismissal of the habeas corpus petition because the appellant had not exhausted his remedies in the state courts.
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Fourteen petitioners challenged their contempt convictions and jailing for refusing to answer grand jury questions about communist activities, invoking Fifth Amendment protections. The Florida Supreme Court held that the petitioners could lawfully refuse to answer because their a
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The dissenting judge held that the sentence imposed was not illegal and that the lower court's interpretation of the original sentence was reasonable.
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The Florida Supreme Court upheld the constitutionality of Chapter 28057, Acts of 1953, which makes possession of a federal wagering stamp prima facie evidence of violating Florida's gambling laws. The court rejected a habeas corpus challenge to an appellant's detention for posses
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The court held that the relator's petition for a writ of habeas corpus was properly denied because he failed to exhaust state remedies and his claims lacked merit. The court treated the petition as a motion in the nature of a writ of error coram nobis, which also failed.
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The court held that Section 2255 is void in its entirety, making it impossible to procure the appellant's presence for proceedings.
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Robert Henry, a death row inmate with execution scheduled for March 20, 2014, appealed the denial of his second successive motion for postconviction relief, challenging Florida's lethal injection protocol as applied to him, the constitutionality of the amended clemency statute (s
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136 So. 3d 680·
Fla. 2d DCA·
2014-01-31
·cited 27×
Brian Clough appeals the postconviction court's dismissal and partial denial of his habeas corpus petition challenging his cannabis trafficking conviction. The court converted his habeas petition to a rule 3.850 postconviction motion without prior notice, and Clough argued this v