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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334 F.2d 837·
7th Cir.·
1964-07-22
·cited 26×
A federal court exhausts its statutory power in a habeas corpus proceeding after determining a confession introduced in a state criminal trial was voluntarily given; it cannot issue a writ for procedural errors not involving constitutional rights.
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The court held that the petitioner's absence from a conference where the jury's separation was decided, combined with allegations of prejudicial outside influences on the jury, raises constitutional issues requiring further review. The district court erred in denying the writ wit
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In this custody case, the appellate court addressed a trial judge's refusal to comply with the court's mandate awarding custody of a minor child to her biological father. The court held that a trial judge has no discretion to reject or delay implementing an appellate court's mand
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An application under 28 U.S.C. § 2255 is a new and independent civil proceeding, requiring a docket fee or permission to proceed in forma pauperis.
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The court held that deportation to mainland China requires a preliminary inquiry into the Communist Chinese government's willingness to accept the alien, as mandated by statute.
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257 F.2d 159·
5th Cir.·
1958-06-30
·cited 26×
The court held that the petitioner's allegations of ineffective assistance of counsel did not present a prima facie showing of unfairness requiring a federal habeas hearing, as counsel was appointed and the petitioner refused their services.
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Petitioner Tilghman sought habeas corpus relief after being retried and reconvicted following the vacation of his initial conviction due to lack of notice denying him counsel. The Florida Supreme Court rejected his double jeopardy claim but granted relief requiring the trial cour
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Sneed sought habeas corpus relief to challenge his conviction for breaking and entering, claiming he was denied trial by jury and counsel despite not being competent to waive those rights. The Florida Supreme Court held that although the trial court failed to comply with statutor
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The court held that the sentencing judge had the authority to amend the sentence within three days to clarify its time sequence, and this amendment did not increase the sentence or violate the appellant's rights.
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A registrant cannot seek a writ of habeas corpus to challenge his classification or orders before he has been inducted into service or taken into actual physical custody.
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The court held that the trial court did not err in denying the petitioner's application to appeal in forma pauperis because the petition lacked merit and the trial court's certification of bad faith was made in good faith.
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The court held that the appellate tribunals' affirmation of the 1-A classification was insufficient to determine if they adopted the hearing officer's findings, requiring a remand for clarification.
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The dissenting judge argues that the trial court did not err in denying a habeas corpus petition for a sanity hearing without a formal hearing. The petition, when considered with prior court records showing recent adverse adjudications of insanity, did not present a sufficient ba
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123 F.2d 936·
D.C. Cir.·
1941-12-01
·cited 26×
The court held that the appellant's claims of denial of confrontation and compulsory process rights were not supported by the record, and thus the writ of habeas corpus was properly denied.
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This case concerns a conflict of jurisdiction over a minor child's custody between Florida and New Jersey courts. The Florida Supreme Court held that the Florida court had jurisdiction because the child resided there with the mother, prioritizing the child's welfare over conflict
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A habeas corpus proceeding concerning custody of a minor child between separated parents. The Florida Supreme Court reversed the trial court's decision to award custody to a maternal aunt, holding that the father's paramount common law right to custody of his legitimate child sho
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The Florida District Court of Appeal, First District imposed sanctions against pro se litigant Robert Michael Ardis, barring him from proceeding pro se in any future cases before the court due to his pattern of filing voluminous, repetitive, and meritless pleadings across multipl
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David Joseph Pittman was convicted of three counts of first-degree murder and sentenced to death for the 1990 murders of Clarence, Barbara, and Bonnie Knowles in Mulberry, Florida. On appeal from denial of postconviction relief and a habeas corpus petition, the Florida Supreme Co
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6th Cir.·
2010-06-01
·cited 25×
The Court held that an uncoerced statement following Miranda warnings establishes an implied waiver of the right to remain silent, and that a suspect must unambiguously invoke this right to cease questioning.
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Perry Alexander Taylor appeals the trial court's denial of his postconviction motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for writ of habeas corpus. The Florida Supreme Court affirms the deni
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Steven Maurice Evans appeals the denial of his Rule 3.851 postconviction motion and petitions for a writ of habeas corpus in a first-degree murder and kidnapping case. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied the habeas petit
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Richard Eugene Hamilton, a death row inmate, 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 challenging his conviction for first-degree murder and sentence of death. The Florida
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321 F.3d 1357·
11th Cir.·
2003-02-21
·cited 25×
Carlos De La Teja, a Cuban national paroled into the United States during the Mariel boatlift, was convicted of drug and property crimes in 1996 and deported after serving his sentence. He challenged his pre-removal detention under 8 U.S.C. § 1226(c) as violating the Fifth Amendm
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The Florida Supreme Court established a procedural rule for capital appeals, holding that it will not accept pro se filings from represented defendants that contain claims of ineffective assistance of appellate counsel, requests to dismiss counsel, or supplemental bases for relie
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The court held that the petitioner's pro se filings substantially interfered with judicial administration and prohibited him from appearing pro se in the future.
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878 F.2d 1341·
11th Cir.·
1989-08-03
·cited 25×
The court held that the trial judge erred in allowing confusion between pro se representation and appointed counsel, violating the defendant's Sixth Amendment right to counsel, and that counsel's failure to object to a directed verdict constituted ineffective assistance of counse
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Roy Allen Harich, a death row inmate, appealed the denial of his postconviction motion for relief and sought a stay of execution, raising multiple claims of ineffective assistance of counsel and constitutional violations. The Florida Supreme Court remanded for an evidentiary hear
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The court held that the prisoner's claim for restoration of good-time credits is cognizable only under habeas corpus, not § 1983, and that he failed to exhaust state remedies. Furthermore, the prisoner lacks standing to seek prospective relief.
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786 F.2d 1378·
9th Cir.·
1986-04-11
·cited 25×
The court held that the information filed against the petitioner was constitutionally inadequate to provide notice of a murder by torture charge, and this constitutional error was not harmless beyond a reasonable doubt.
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768 F.2d 1083·
9th Cir.·
1985-08-14
·cited 25×
The court held that the admission of polygraph testimony did not rise to a constitutional dimension, and the jury instruction issue was procedurally barred due to waiver under state law without sufficient cause.
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755 F.2d 1323·
8th Cir.·
1985-02-19
·cited 25×
The court held that the district court erred in broadly applying Stone v. Powell to bar all claims, but affirmed the denial of habeas relief because the search consent was voluntary and the other claims lacked merit.
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706 F.2d 902·
9th Cir.·
1983-04-21
·cited 25×
A violation of the Interstate Agreement on Detainers (IAD) timely trial provisions constitutes an exceptional circumstance requiring federal habeas corpus relief, but the prisoner waived his rights by agreeing to continuances.
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695 F.2d 847·
5th Cir.·
1983-01-17
·cited 25×
A federal habeas petition containing both exhausted and unexhausted claims must be dismissed in its entirety to ensure total exhaustion of state remedies.
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687 F.2d 655·
2d Cir.·
1982-09-09
·cited 25×
The court vacated the district court's order granting habeas corpus and remanded for further proceedings to determine if petitioner exhausted state remedies and properly raised his claims.
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676 F.2d 100·
4th Cir.·
1982-04-07
·cited 25×
The court held that the Attorney General has implicit authority to detain an excludable alien indefinitely when return is impracticable and parole is denied, and that the denial of parole in this case was not an abuse of discretion.
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643 F.2d 1131·
5th Cir.·
1981-04-27
·cited 25×
The court held that the district court exceeded its authority by dismissing charges as a sanction for the Parole Commission's tardiness, and that the Government's appeal was timely.
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The court held that the State's refusal to reveal the identity of an informant who actively participated in the drug transaction violated the petitioner's due process rights.
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400 F.2d 231·
5th Cir.·
1968-08-27
·cited 25×
The court affirmed the denial of the habeas corpus petition regarding the conviction but remanded for a determination of issues raised by Witherspoon v. State of Illinois concerning the death sentence.
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The court held that an informal application for a certificate of probable cause could serve as a notice of appeal, but it was not timely in this case. The court also declined to treat a clerk's letter as a modification of a prior order or an extension of time for appeal.
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Habeas corpus is not available to review a registrant's classification by a Draft Board prior to his induction or prosecution for failure to report.
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This case involves a mother seeking custody of her children from their paternal uncle via a writ of habeas corpus. The appellate court reversed the lower court's decision, finding insufficient cause to deprive the mother of custody.
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357 So. 3d 94·
Fla.·
2023-02-16
·cited 24×
The circuit court properly summarily denied Dillbeck's fourth successive postconviction motion because his claim of exemption from execution based on a mental condition equivalent to intellectual disability was time-barred and procedurally barred under Rule 3.851, his newly disco
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Michael Jackson seeks postconviction relief and habeas corpus review after conviction for first-degree murder, robbery, and kidnapping of an elderly couple in 2005. The Florida Supreme Court affirms the denial of relief, holding that Jackson failed to demonstrate ineffective assi
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Jason L. Wheeler was convicted of murdering Deputy Wayne Koester and attempted murder of two other deputies. After direct appeal affirmance and federal habeas denial, Wheeler appealed the postconviction court's denial of his Rule 3.851 motions and petition for state habeas relief
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The court held that a petition for writ of habeas corpus is an improper method to collaterally attack a judgment and sentence when other remedies have been exhausted or are time-barred.
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Samuel Smithers was convicted of two first-degree murders and sentenced to death. On postconviction relief and habeas appeal, Smithers challenged his convictions and sentences on grounds of ineffective assistance of counsel. The Florida Supreme Court affirmed the denial of postco
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The court held that a manifest injustice occurred by denying a defendant the same relief afforded to similarly situated defendants, and granted a writ of habeas corpus.
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Petitioner sought habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise on appeal that the trial court violated his due process rights by proceeding to trial without conducting a required competency hearing after invoking competency procee
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Broderick Monlyn appeals the denial of his motion for postconviction relief and petitions for habeas corpus following his 1993 conviction for first-degree murder, armed robbery, and armed kidnapping, and subsequent death sentence. The Florida Supreme Court addresses his ineffecti
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Frederick Cummings-El appeals the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of both the postconvictio