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

• Broward Davis v. Louie L. Wainwright
  462 F.2d 1354· 5th Cir.· 1972-07-03 ·cited 24×
  The court held that a state prisoner is not entitled to federal habeas relief based on a claim that he was not advised of his right to a direct appeal after pleading guilty, but vacated the denial of relief concerning the use of invalid prior convictions in sentencing.
• United States ex rel. Charles Terry v. Henderson
  462 F.2d 1125· 2d Cir.· 1972-06-13 ·cited 24×
  The court held that a state prisoner's federal habeas corpus petition can be denied without a hearing if the prisoner deliberately bypassed state procedures for challenging the voluntariness of his confession, especially when counsel affirmatively used the confession at trial.
• Murray v. Louie L. Wainwright
  450 F.2d 465· 5th Cir.· 1971-10-28 ·cited 24×·via Habeas Corpus Relief
  The court held that a six-year delay in prosecution, where the defendant was incarcerated and available to the state, constituted a denial of the right to a speedy trial, and the defendant demonstrated sufficient prejudice to shift the burden to the state.
• United States ex rel. Edwin Gockley v. Myers
  450 F.2d 232· 3d Cir.· 1971-09-20 ·cited 24×
  The court held that the petitioner failed to demonstrate that his arrest was illegal or that his statements were coerced, and therefore, he was not entitled to federal habeas corpus relief.
• Ernie Lee Buchanan v. Clark
  446 F.2d 1379· 5th Cir.· 1971-08-18 ·cited 24×
  The court held that a federal prisoner is not entitled to habeas corpus relief based on the Parole Board's denial of parole, as parole decisions are discretionary and there is no constitutional right to counsel at parole eligibility hearings.
• Sangaree v. Hamlin
  235 So. 2d 729· Fla.· 1970-05-13 ·cited 24×·via Writ Of Habeas Corpus
  A defendant arrested without warrant seeks habeas corpus release, alleging lack of preliminary hearing before grand jury indictment and constitutional violations during interrogation. The Florida Supreme Court denies the writ, holding that a preliminary hearing is not a prerequis
• United States ex rel. Leroy Williams v. LaVALLEE
  415 F.2d 643· 2d Cir.· 1969-09-10 ·cited 24×·via Writ Of Habeas Corpus
  The court held that the identification procedure, arrest, and search were constitutional, and thus denied the petition for a writ of habeas corpus.
• Curry v. Wilson
  405 F.2d 110· 9th Cir.· 1968-12-13 ·cited 24×
  A defendant's counsel can waive constitutional objections as a matter of trial strategy, and this waiver binds the defendant, even if the state court initially considered the merits of the waived claims.
• Myers v. Frye
  401 F.2d 18· 7th Cir.· 1968-07-12 ·cited 24×
• Kennedy v. Sigler
  397 F.2d 556· 8th Cir.· 1968-07-12 ·cited 24×
  A prior conviction is not rendered void by an erroneous sentence, and a juvenile can be prosecuted as an adult in district court, thus the 1946 conviction was valid for habitual criminal statute purposes.
• Stepp v. Beto
  398 F.2d 814· 5th Cir.· 1968-07-11 ·cited 24×
  A prisoner may challenge a consecutive sentence even if currently serving a shorter sentence, if the shorter sentence is valid.
• Maxwell v. Bishop
  398 F.2d 138· 8th Cir.· 1968-07-11 ·cited 24×
  The court held that the statistical evidence presented did not establish a prima facie case of racial discrimination in sentencing for the petitioner's specific case, and thus did not shift the burden to the state to justify the sentencing disparity.
• Goins v. Allgood
  391 F.2d 692· 5th Cir.· 1968-03-12 ·cited 24×
  The court held that the district court erred in summarily denying the habeas corpus petition without a hearing, as a new ground of systematic exclusion of Negroes from the grand jury was presented. The court found the facts regarding this exclusion undisputed and ordered the peti
• Alphonso Russell Williams v. Peyton
  372 F.2d 216· 4th Cir.· 1967-01-26 ·cited 24×
  The court held that a prisoner is 'in custody' for habeas corpus purposes if prior invalid convictions, even if not currently being served, demonstrably restrict parole eligibility on current sentences.
• Johnson v. Wilson
  371 F.2d 911· 9th Cir.· 1967-01-19 ·cited 24×
  The court held that the district court erred in dismissing the appellant's petition for habeas corpus without an evidentiary hearing.
• United States ex rel. Fred Floyd v. Wilkins
  367 F.2d 990· 2d Cir.· 1966-09-20 ·cited 24×
  The court held that the admission of a co-defendant's confession without redaction, coupled with insufficient evidence and ineffective limiting instructions, violated the petitioner's Sixth Amendment right to confrontation, as applied to the states through the Fourteenth Amendmen
• Arley C. Browning v. Crouse
  356 F.2d 178· 10th Cir.· 1966-02-09 ·cited 24×
  The court held that a docket entry and judge's affidavit are insufficient to prove a defendant was advised of his right to counsel, rendering the conviction void. However, the excess portion of a sentence is severable, meaning the prisoner is not entitled to release if a valid po
• United States ex rel. Joseph Miles Walker v. Fogliani
  343 F.2d 43· 9th Cir.· 1965-03-05 ·cited 24×
  The court held that the district court should have abstained and allowed Nevada state courts the first opportunity to consider the impact of Escobedo v. Illinois on the appellant's conviction.
• Nelms v. United States
  318 F.2d 150· 4th Cir.· 1963-05-10 ·cited 24×·via Habeas Corpus Proceedings
  The court held that the per curiam opinion's observations disparaging the petitioner's case were ill-advised and could prejudice the upcoming hearing.
• Marvel R. Neal v. State of Fla. ex rel. J. A. Neal & Zenia Neal
  135 So. 2d 891· Fla. 1st DCA· 1961-12-21 ·cited 24×·via Habeas Corpus For Child Custody
  A Florida appellate court reversed a trial court's judgment awarding custody of a minor child to grandparents based on a Mississippi habeas corpus decree. The court held that custody decrees are not entitled to full faith and credit protection and may be modified based on comity
• United States v. Estep
  150 F.2d 768· 3d Cir.· 1945-07-06 ·cited 24×·via Writ Of Habeas Corpus
  The court should order a new trial for Estep because he was denied due process and did not have an opportunity to prove it at his original trial.
• Pope v. Huff
  141 F.2d 727· D.C. Cir.· 1944-03-30 ·cited 24×·via Habeas Corpus Proceedings
  The court held that a prior adjudication of issues in a habeas corpus proceeding may be given controlling weight, even if res judicata does not strictly apply.
• Stafford Allison v. Baker
  152 Fla. 274· Fla.· 1943-01-05 ·cited 24×·via Writ Of Habeas Corpus
  Stafford Allison sought habeas corpus relief while imprisoned under a 15-year sentence, challenging his detention pending a murder indictment. The Florida Supreme Court affirmed the denial of the writ, holding that habeas corpus relief would be futile where the petitioner would r
• Miller v. United States
  128 F.2d 519· 5th Cir.· 1942-05-29 ·cited 24×
  The court held that it has jurisdiction to correct sentencing records to reflect the true sentence pronounced, even after the term has passed, to expunge illegal portions and ensure clarity.
• Tom Arnold ex rel. State of Fla. v. Chase
  94 Fla. 1071· Fla.· 1927-12-08 ·cited 24×·via Writ Of Habeas Corpus
  Tom Arnold, the managing editor of the Miami Tribune, was arrested on a criminal libel charge based on articles criticizing E. G. Sewell, a candidate for City Commissioner. The Florida Supreme Court reversed Arnold's detention, holding that the affidavit failed to charge a crimin
• State v. Johnson
  13 Fla. 33· Fla.· 1869-01-01 ·cited 24×·via Writ Of Habeas Corpus
  James W. Johnson, appointed as receiver of two railroads by a circuit court judge, refused to comply with a supersedeas (stay of proceedings) issued by the Florida Supreme Court following an appeal of the receivership order. The Supreme Court held that Johnson was in contempt for
• Deparvine v. State
  146 So. 3d 1071· Fla.· 2014-04-24 ·cited 23×·via Writ Of Habeas Corpus
  William James Deparvine appeals the denial of his postconviction motion challenging his death sentence for the November 2003 murders of Rick and Karla Van Dusen. The Florida Supreme Court affirmed the trial court's rejection of all ineffective assistance of counsel claims, consti
• Geralds v. State
  111 So. 3d 778· Fla.· 2010-09-16 ·cited 23×·via Writ Of Habeas Corpus
  Mark Allen Geralds appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief, rejecting Geralds' Brady/Giglio claims, ineffective assistance of counsel
• Martin v. Fla. Parole Comm'n
  951 So. 2d 84· Fla. 1st DCA· 2007-03-13 ·cited 23×·via Writ Of Habeas Corpus
  The court held that the circuit court erred in treating a habeas corpus petition as a certiorari petition and denying it as untimely under Rule 9.100(c)(2).
• van Poyck v. Singletary
  715 So. 2d 930· Fla.· 1998-05-14 ·cited 23×·via Writ Of Habeas Corpus
  William Van Poyck, a death row inmate, petitioned for a writ of habeas corpus, claiming ineffective assistance of appellate counsel for failing to properly raise jury selection issues and arguing his convictions for attempted felony murder were legally impossible. The Florida Sup
• Strozier v. Lanson Newsome
  926 F.2d 1100· 11th Cir.· 1991-03-19 ·cited 23×
  The court held that the record, including witness testimony about pre-trial warnings, sufficiently established that the defendant knowingly and intelligently waived his right to counsel, despite the lack of a formal, on-the-record waiver hearing.
• Landano v. Rafferty
  897 F.2d 661· 3d Cir.· 1990-02-27 ·cited 23×
  The dissenting judge would hold that the petitioner had exhausted his state remedies, arguing that the new evidence did not fundamentally alter the legal claim already considered by the state courts.
• Smith v. Zant
  887 F.2d 1407· 11th Cir.· 1989-09-29 ·cited 23×
• Ellis v. Lynaugh
  873 F.2d 830· 5th Cir.· 1989-05-30 ·cited 23×
  The dissenting judge believes the trial court erred in excusing venireman Bradshaw for cause, as his responses indicated he would follow the law.
• Ladd v. Jones
  864 F.2d 108· 11th Cir.· 1989-01-23 ·cited 23×
  The court held that the appellant's claims were procedurally barred and that his counsel was not ineffective.
• Booker v. Dugger
  520 So. 2d 246· Fla.· 1988-01-14 ·cited 23×·via Writ Of Habeas Corpus
  Stephen Booker petitioned for a writ of habeas corpus to overturn his death sentence for the brutal murder of a 94-year-old woman, raising a Hitchcock claim that the jury was improperly instructed to consider only statutorily enumerated mitigating circumstances. The Florida Supre
• Evans v. O.L. McCOTTER
  805 F.2d 1210· 5th Cir.· 1986-12-03 ·cited 23×
  The court held that the defendant's claims of present insanity and discriminatory application of the death penalty statute were insufficient to warrant a certificate of probable cause or a stay of execution.
• Jones v. Thigpen
  741 F.2d 805· 5th Cir.· 1984-09-17 ·cited 23×
  The court held that the Double Jeopardy Clause bars the State from seeking the death penalty again because the evidence presented at the first trial was legally insufficient to support a finding that the defendant killed or intended to kill the victim, as required by Enmund v. Fl
• Ambry Dewitt Allen, Jr. v. Montgomery
  728 F.2d 1409· 11th Cir.· 1984-04-06 ·cited 23×
  The court held that the appellant failed to establish that the jury was sequestered at the sheriff's home and that the courtroom security measures, while potentially problematic, were reasonable given the threats and circumstances, thus not depriving him of a fair trial or his pr
• Thomas v. Leeke
  725 F.2d 246· 4th Cir.· 1984-01-12 ·cited 23×·via Writ Of Habeas Corpus
  The trial court's jury instructions were constitutionally adequate, and the state's allocation of the burden of proving self-defense to the defendant does not violate due process.
• Curfew Davis v. Zant
  721 F.2d 1478· 11th Cir.· 1983-12-27 ·cited 23×
  The trial court's jury instruction on malice unconstitutionally shifted the burden of proof to the petitioner, and this error was not harmless beyond a reasonable doubt.
• Elmo Patrick Sonnier v. Maggio
  720 F.2d 401· 5th Cir.· 1983-11-10 ·cited 23×
  The court affirmed the denial of the habeas corpus petition, finding no substantial showing of a federal right denial.
• Granger v. Fla. State Prison & Bill Price
  424 So. 2d 937· Fla. 1st DCA· 1983-01-05 ·cited 23×·via Writ Of Habeas Corpus
  The court held that a prisoner's petition for a writ of habeas corpus, alleging a denial of a due process hearing before transfer to close management confinement, was sufficient to state a claim upon which relief could be granted, and thus should not have been summarily dismissed
• Glenn v. Dallman
  686 F.2d 418· 6th Cir.· 1982-08-23 ·cited 23×
  The dissenting judge would affirm the district court's decision and deny the writ, finding that the Ohio Supreme Court's interpretation of aggravated burglary statutes was not irrational and that any instructional error was harmless.
• Hardin v. Louie L. Wainwright
  678 F.2d 589· 5th Cir.· 1982-06-17 ·cited 23×
  The court held that the petitioner was not denied due process by the prosecution's failure to disclose a witness or by the trial court's handling of an inadmissible statement, but remanded for reconsideration of the ineffective assistance of counsel claim under a revised legal st
• Antone v. State
  410 So. 2d 157· Fla.· 1982-01-28 ·cited 23×·via Writ Of Habeas Corpus
  Anthony Antone, convicted of murder and sentenced to death, sought post-conviction relief arguing newly discovered evidence, prosecutorial misconduct, jury selection errors, and an allegedly unlawful arrest. The Florida Supreme Court affirmed the denial of relief, finding no Brad
• Henry v. Hayden J. Dees
  658 F.2d 406· 5th Cir.· 1981-10-08 ·cited 23×·via Habeas Corpus Relief
  The court held that the defendant's inculpatory statements, made after a polygraph examiner falsely told him he failed the test and engaged in interrogation without proper warnings or counsel, were not voluntary and should have been suppressed.
• Ennis Nettles v. Louie L. Wainwright
  656 F.2d 986· 5th Cir.· 1981-09-21 ·cited 23×·via Habeas Corpus Relief
  Failure to object to a magistrate's report and recommendations before the district court accepts them constitutes a waiver of the right to appeal the district court's judgment based on that report.
• Grantling v. Balkcom
  632 F.2d 1261· 5th Cir.· 1980-12-17 ·cited 23×·via Petition For Habeas Corpus Relief
  The court held that a voluntary and intelligent guilty plea breaks the chain of prior constitutional claims, and therefore, the denial of habeas corpus relief was proper.
• Rosanna Drollinger and Nathan Drollinger v. Milligan
  552 F.2d 1220· 7th Cir.· 1977-04-04 ·cited 23×
  Rosanna's challenge to probation conditions must be brought as a habeas corpus petition, requiring exhaustion of state remedies, while Nathan's challenge to conditions affecting his family rights is a valid civil rights claim under § 1983.