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

• Tanzi v. State
  94 So. 3d 482· Fla.· 2012-04-19 ·cited 27×·via Writ Of Habeas Corpus
  Michael Tanzi appeals the denial of his postconviction motion and habeas petition in a death penalty case for the murder of Janet Acosta in 2000. The Florida Supreme Court affirms the denial of relief, concluding that Tanzi failed to establish ineffective assistance of trial coun
• Kormen Branch v. State
  990 So. 2d 585· Fla. 3d DCA· 2008-08-06 ·cited 27×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus is not the proper vehicle for a collateral attack on a conviction or sentence.
• Fannings Johnson v. Fla. Parole Comm'n & James V. Crosby, Jr.
  841 So. 2d 615· Fla. 1st DCA· 2003-04-03 ·cited 27×·via Writ Of Habeas Corpus
  The circuit court improperly denied a petition for writ of habeas corpus as a successive petition, as it challenged the parole revocation, not the presumptive parole release date.
• Konstantinos X. Fotopoulos v. State
  838 So. 2d 1122· Fla.· 2002-12-19 ·cited 27×·via Habeas Corpus Proceedings
  Konstantinos Fotopoulos appeals the denial of postconviction relief and petitions for habeas corpus after his conviction for orchestrating two murders and an attempted murder. The Florida Supreme Court affirms the trial court's rejection of his ineffective assistance of counsel c
• Melvin v. State
  804 So. 2d 460· Fla. 2d DCA· 2001-11-16 ·cited 27×·via Writ Of Habeas Corpus
  Thirteen prisoners scheduled for release petitioned for habeas corpus relief challenging their pretrial detention in involuntary civil commitment proceedings under Florida's Jimmy Ryce Act. The court held that ex parte probable cause determinations for such detentions must be sup
• White v. State
  729 So. 2d 909· Fla.· 1999-03-11 ·cited 27×
  William White appeals denial of his motion to vacate judgment and sentence under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed his first-degree murder conviction but vacated his death sentence based on Hitchcock error in the jury instructions, reman
• Dennis v. State
  685 So. 2d 1373· Fla. 3d DCA· 1996-12-18 ·cited 27×
  The court held that the appellant's repeated, successive, and frivolous filings constitute an abuse of process, warranting denial of relief and prohibition of future filings.
• FOX v. Ira Kelso
  911 F.2d 563· 11th Cir.· 1990-09-07 ·cited 27×
  The court held that the state failed to carry its burden of proving that the petitioner's guilty pleas were knowing and intelligent, and thus the district court properly granted habeas relief.
• In re Lindsey
  875 F.2d 1502· 11th Cir.· 1989-05-01 ·cited 27×
  The court held that neither 21 U.S.C. § 848(q) nor 18 U.S.C. § 3006A entitles a death-sentenced inmate to federally appointed counsel or a psychiatrist for state-court collateral review proceedings, especially when claims are unexhausted.
• Messer v. State
  834 F.2d 890· 11th Cir.· 1987-11-30 ·cited 27×
  The court held that the sentencing judge and jury's refusal to consider non-statutory mitigating evidence violated Lockett v. Ohio, but affirmed the district court's denial of other claims.
• O'Dell Blackmon v. White
  825 F.2d 1263· 8th Cir.· 1987-08-07 ·cited 27×
  The court held that the petitioner's appellate counsel was not ineffective for failing to raise the issue of the trial court's failure to instruct the jury on manslaughter, as the Missouri appellate courts would not have found plain error under the circumstances.
• United States ex rel. Joseph Kosik, Jr. v. Napoli
  814 F.2d 1151· 7th Cir.· 1987-02-26 ·cited 27×
  The court held that even if pretrial identification procedures were unduly suggestive, the subsequent trial identifications were sufficiently reliable under the totality of the circumstances to satisfy due process requirements.
• Barney Earl Crutchfield v. Louie L. Wainwright
  803 F.2d 1103· 11th Cir.· 1986-11-10 ·cited 27×·via Writ Of Habeas Corpus
  Trial courts should not automatically reverse convictions when attorney-client communication is interfered with during brief recesses; defendants must demonstrate prejudice.
• Chaney v. Lewis
  801 F.2d 1191· 9th Cir.· 1986-10-09 ·cited 27×
  The court held that a district court must independently review the state court record for mixed questions of fact and law in habeas corpus petitions, but not for purely factual or purely legal questions. Counsel should be appointed in death penalty habeas cases on remand due to c
• Ross v. Kemp
  785 F.2d 1467· 11th Cir.· 1986-03-20 ·cited 27×
  The court held that the Murphy deposition should be added to the record on appeal, but the Cole deposition should not. The court remanded the issue of the 1984 affidavits to the district court to determine if the failure to present them earlier was inexcusable neglect.
• Love v. Young
  781 F.2d 1307· 7th Cir.· 1986-01-27 ·cited 27×
  The court held that the identification procedures were not unduly suggestive and that the admission of the defendant's statements to Detective Lombardo did not violate his Sixth Amendment right to counsel because he validly waived that right.
• Bowen v. Kemp
  769 F.2d 672· 11th Cir.· 1985-08-06 ·cited 27×
  The petitioner lacks standing to assert an Equal Protection claim based on the underrepresentation of women on the jury pool, as he is not a member of the underrepresented group.
• Son H. Fleming v. Kemp
  748 F.2d 1435· 11th Cir.· 1984-11-29 ·cited 27×
  The court held that the petitioner was deprived of his Sixth Amendment right to counsel at a critical stage of his murder prosecution, requiring automatic reversal of his conviction.
• United States v. Diaz
  733 F.2d 371· 5th Cir.· 1984-06-01 ·cited 27×
  The court held that the appellant's guilty pleas were knowing and voluntary, and that his claims of ineffective assistance of counsel were without merit. One of the sentences was vacated under the concurrent sentence doctrine.
• Songer v. Louie L. Wainwright
  733 F.2d 788· 11th Cir.· 1984-05-18 ·cited 27×
  The court affirmed the district court's denial of habeas corpus relief, finding no constitutional error in the denial of ineffective assistance of counsel claims or due process violations in the penalty phase.
• MacHetti v. Linahan
  679 F.2d 236· 11th Cir.· 1982-06-25 ·cited 27×·via Habeas Corpus Relief
  The court held that Georgia's jury selection procedure, which allowed women to opt-out of service, resulted in unconstitutional underrepresentation of women on jury venires, violating the Sixth and Fourteenth Amendment fair cross-section requirement.
• Harris v. Oliver
  645 F.2d 327· 5th Cir.· 1981-05-18 ·cited 27×
  The court held that the district court erred in denying the habeas corpus petition without an evidentiary hearing because the state court applied an incorrect legal standard for effective assistance of counsel, making factual findings unreliable.
• Thomas v. Blackburn
  623 F.2d 383· 5th Cir.· 1980-08-07 ·cited 27×
  The court held that the Supreme Court's decision in Ballew v. Georgia, which declared five-member juries unconstitutional, should be applied retroactively to invalidate convictions obtained by such juries.
• Ostrer v. United States
  584 F.2d 594· 2d Cir.· 1978-09-21 ·cited 27×
  A district court lacks the power to grant bail to a habeas petitioner after the court of appeals has issued its mandate forthwith, as this constitutes an independent order respecting custody.
• Gamble v. State OF Okla.
  583 F.2d 1161· 10th Cir.· 1978-09-20 ·cited 27×·via Habeas Corpus Relief
  Federal courts are not precluded from considering Fourth Amendment claims in habeas corpus proceedings if state courts failed to recognize or apply controlling constitutional standards, such as those in Brown v. Illinois.
• Gibson v. Jackson
  578 F.2d 1045· 5th Cir.· 1978-08-23 ·cited 27×
  The court held that the federal district court should have abstained from deciding the case pending the outcome of the state habeas corpus proceedings.
• State v. COX
  306 So. 2d 156· Fla. 2d DCA· 1974-11-01 ·cited 27×·via Application For Writ Of Habeas Corpus
  The State of Florida appeals a habeas corpus order granting Cox's application to prevent his extradition to California. The court holds that in extradition proceedings, a trial court's inquiry is narrowly limited to jurisdictional prerequisites and cannot consider guilt/innocence
• United States ex rel. Charles F. Scott v. Mancusi
  429 F.2d 104· 2d Cir.· 1970-07-06 ·cited 27×
  A guilty plea induced by defense counsel's good-faith, but erroneous, sentence estimate or misstatement of law regarding withdrawal does not render the plea involuntary, absent evidence of government inducement.
• Matera v. Buchanan
  192 So. 2d 18· Fla. 3d DCA· 1966-11-15 ·cited 27×·via Habeas Corpus Proceedings
  Matera appeals a circuit court's denial of his habeas corpus petition challenging a $250,000 bail as excessive. The appellate court holds that under Florida's Constitution, the bail amount was indeed excessive and amounted to a denial of bail for a non-capital felony, reversing t
• Carmichael v. Delaney
  170 F.2d 239· 9th Cir.· 1948-10-18 ·cited 27×
  The court held that a resident of the United States claiming citizenship, even if facing exclusion proceedings, is entitled to a judicial trial, and that the appellee's return from wartime service did not constitute an 'entry' under immigration laws.
• United States v. Bowles
  131 F.2d 818· 3d Cir.· 1942-11-10 ·cited 27×·via Writ Of Habeas Corpus
  The court held that a defendant cannot use the alleged erroneous classification by a selective service board as a defense in a criminal prosecution for failing to comply with the board's order.
• Ex parte Hyde
  140 Fla. 494· Fla.· 1939-11-15 ·cited 27×·via Writ Of Habeas Corpus
  Frank Hyde and C. K. Slaton petitioned for habeas corpus seeking release on bail after their gaming law convictions were affirmed on appeal and they received a gubernatorial reprieve. The Florida Supreme Court denied the petition, holding that no court has jurisdiction to fix bai
• Goga Djadju v. Vega
  32 F. 4th 1102· 11th Cir.· 2022-04-28 ·cited 26×
  The Eleventh Circuit dismissed the appeal as moot and vacated the district court's judgment because the petitioner's release from detention rendered the case non-justiciable, as he sought only release and did not demonstrate any ongoing collateral consequences.
• Rodriguez v. State
  39 So. 3d 275· Fla.· 2010-05-06 ·cited 26×·via Writ Of Habeas Corpus
  Manuel Antonio Rodriguez was convicted of three first-degree murders and sentenced to death. On appeal, he challenged the conviction and sentence through postconviction motions and a habeas petition, raising numerous claims of ineffective assistance of counsel, Brady violations (
• Tate v. McNEIL
  983 So. 2d 502· Fla.· 2008-03-13 ·cited 26×·via Writ Of Habeas Corpus
  The Florida Supreme Court imposed sanctions against James L. Tate, Jr., a state prisoner, for abusing the court's processes by filing eighteen separate frivolous petitions since 2002, all seeking to vacate his 1994 conviction for attempted first-degree murder. The Court barred Ta
• Robinson v. State
  913 So. 2d 514· Fla.· 2005-07-07 ·cited 26×·via Writ Of Habeas Corpus
  Michael Robinson, a death-row inmate, appealed the denial of his postconviction motion for 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 denial of all relief, rejecting Robins
• Brown v. Moore
  800 So. 2d 223· Fla.· 2001-11-01 ·cited 26×·via Writ Of Habeas Corpus
  Paul Alfred Brown, a death row inmate convicted of murder, petitions the Florida Supreme Court for habeas corpus relief, claiming his appellate counsel was ineffective for failing to raise constitutional challenges to his death sentence based on Apprendi v. New Jersey. The court
• Etheria Verdell Jackson v. Dugger
  633 So. 2d 1051· Fla.· 1993-09-09 ·cited 26×·via Writ Of Habeas Corpus
  Etheria Jackson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding no merit to Jackson's ineffective assistance of counsel claims, procedural bar
• Cumbie v. Singletary
  991 F.2d 715· 11th Cir.· 1993-05-26 ·cited 26×
  Kenneth Cumbie was convicted in 1987 of attempting to sexually assault his five-year-old stepdaughter after she testified via one-way closed circuit television outside his presence. The Eleventh Circuit held that the trial court violated Cumbie's Sixth Amendment right to face-to-
• United States v. Schmidt
  922 F.2d 1365· 8th Cir.· 1991-01-10 ·cited 26×·via Habeas Corpus Proceedings
  The court held that there was sufficient evidence to support the defendant's convictions for possession with intent to distribute cocaine and conspiracy to distribute cocaine, and that the jury instructions did not contain plain error.
• White v. Dugger
  565 So. 2d 700· Fla.· 1990-07-17 ·cited 26×·via Writ Of Habeas Corpus
  Jerry White petitioned for a writ of habeas corpus and stay of execution following his conviction for murder and death sentence. The Florida Supreme Court rejected all of White's claims, including ineffective assistance of counsel, appellate deficiencies, and sentencing procedure
• State v. Schreiber
  561 So. 2d 1236· Fla. 4th DCA· 1990-05-16 ·cited 26×·via Writ Of Habeas Corpus
  The court clarifies its prior order regarding a Public Defender's motion to withdraw as counsel in 200 cases due to backlog, denying withdrawal in 100 cases while explaining the reasoning.
• Young v. Kenny
  907 F.2d 874· 9th Cir.· 1989-10-11 ·cited 26×·via Writ Of Habeas Corpus
  A federal court must stay a prisoner's 42 U.S.C. § 1983 claim challenging the duration of confinement, rather than dismiss it, to allow exhaustion of state remedies via habeas corpus.
• United States ex rel. Robert E. LEE v. Flannigan
  884 F.2d 945· 7th Cir.· 1989-09-18 ·cited 26×·via Writ Of Habeas Corpus
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial.
• Evans v. Thompson
  881 F.2d 117· 4th Cir.· 1989-08-02 ·cited 26×
  The court held that the petitioner's resentencing did not violate the Ex Post Facto Clause, Equal Protection Clause, or Due Process Clause, and that he received effective assistance of counsel.
• Peterkin v. Jeffes
  855 F.2d 1021· 3d Cir.· 1988-08-23 ·cited 26×
  The court held that the conditions of confinement on Pennsylvania's death rows did not constitute cruel and unusual punishment under the Eighth Amendment, but vacated the district court's ruling on access to courts for further proceedings.
• Streetman v. Lynaugh
  835 F.2d 1521· 5th Cir.· 1988-01-06 ·cited 26×
  The court held that a prior stay of execution order dissolved by its own terms upon the conclusion of the appeal it was granted for, and that the district court did not abuse its discretion in denying a Rule 60(b) motion seeking relief from a judgment denying habeas corpus relief
• Leatrice Little v. Armontrout
  835 F.2d 1240· 8th Cir.· 1987-12-23 ·cited 26×
  The court held that the trial court's refusal to appoint an expert in hypnosis for an indigent defendant violated his Fourteenth Amendment right to due process.
• United States v. Atkins
  834 F.2d 426· 5th Cir.· 1987-12-08 ·cited 26×
  The court held that the district court erred in denying an evidentiary hearing on the defendant's double jeopardy claim, as the record was insufficient to resolve whether the two conspiracy charges constituted a single offense.
• Willard v. People of the State OF Cal.
  812 F.2d 461· 9th Cir.· 1987-03-06 ·cited 26×
  The court held that erroneous jury instructions on aiding and abetting, while incorrect under state law, were harmless beyond a reasonable doubt and did not violate federal due process. The court also declined to address the ineffective assistance of counsel claim as it was not r