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

• Wright v. Estelle
  549 F.2d 971· 5th Cir.· 1977-03-30 ·cited 23×·via Application For Writ Of Habeas Corpus
  The court held that even if the petitioner was deprived of a fundamental right to testify, it was harmless error beyond a reasonable doubt due to overwhelming evidence connecting him to the crime.
• ST. Jules v. Beto
  462 F.2d 1365· 5th Cir.· 1972-07-18 ·cited 23×·via Writ Of Habeas Corpus
  The court held that federal courts may entertain a habeas corpus petition if state courts have unreasonably delayed in acting upon a pending state habeas corpus application.
• Cooper v. Griffin
  455 F.2d 1142· 5th Cir.· 1972-02-07 ·cited 23×
  The court held that mentally retarded individuals, due to their limited capacity, cannot knowingly and intelligently waive their Miranda rights.
• Daniels v. J. B. O'Connor, M.D.
  243 So. 2d 144· Fla.· 1971-01-06 ·cited 23×·via Writ Of Habeas Corpus
  Jesse Daniels challenged his commitment to a mental institution pending trial on a rape charge, arguing the indictment lacked sufficient evidence and that the commitment statute violated due process and equal protection. The Florida Supreme Court upheld the statute and commitment
• Hamish Scott MacKAY v. McALEXANDER
  268 F.2d 35· 9th Cir.· 1959-06-09 ·cited 23×·via Application For Writ Of Habeas Corpus
  The court held that the deportation order and the denial of the application for suspension of deportation were valid, affirming the lower court's judgment.
• Rosenthal v. Hunter
  164 F.2d 949· 10th Cir.· 1947-11-17 ·cited 23×·via Writ Of Habeas Corpus
  The court held that the federal court had jurisdiction to try and sentence the petitioner because California voluntarily surrendered him to federal custody.
• Tanzi v. State
  407 So. 3d 385· Fla.· 2025-04-01 ·cited 22×
  The compressed warrant litigation schedule does not violate due process because Tanzi was given notice and an opportunity to be heard. Public records requests made after the death warrant was signed must relate to a colorable claim for postconviction relief and show good cause fo
• Taylor v. State
  120 So. 3d 540· Fla.· 2013-05-30 ·cited 22×·via Writ Of Habeas Corpus
  John Calvin Taylor II was convicted of first-degree murder and robbery with a deadly weapon in the 1997 killing of Shannon Holzer. The Florida Supreme Court affirmed denial of his Rule 3.851 postconviction motion and habeas petition challenging his death sentence on various groun
• McCUTCHEON v. State
  117 So. 3d 769· Fla.· 2013-04-25 ·cited 22×·via Writ Of Habeas Corpus
  The court held that the inmate's pro se petitions were unauthorized and frivolous, warranting sanctions.
• J.M. v. Gargett
  101 So. 3d 352· Fla.· 2012-10-04 ·cited 22×·via Writ Of Habeas Corpus
  The Florida Supreme Court resolved a conflict between district courts regarding whether a trial court may impose consecutive sentences in secure detention for a juvenile who commits multiple violations of a single probation order. The Court held that section 985.037(2) authorizes
• Dayne Miller v. State
  980 So. 2d 1092· Fla. 2d DCA· 2008-01-15 ·cited 22×·via Writ Of Habeas Corpus
  A trial court cannot order pretrial detention without a motion from the State, even if the defendant is charged with a qualifying offense.
• Dyson v. Campbell
  921 So. 2d 692· Fla. 1st DCA· 2006-02-03 ·cited 22×·via Habeas Corpus Relief
  Chester Dyson seeks habeas corpus relief contending that the $25,000 and $10,000 bonds set for his burglary and robbery charges are effectively no bond due to his inability to pay them. The court denies relief, holding that a defendant's inability to meet a bond amount does not a
• Anderson v. Singletary
  111 F.3d 801· 11th Cir.· 1997-04-18 ·cited 22×
  The Eleventh Circuit held that the filing fee requirements of the Prison Litigation Reform Act of 1995 do not apply to habeas corpus proceedings under 28 U.S.C. §§ 2254 and 2255. Although habeas corpus proceedings are technically civil in nature, they are hybrid actions sui gener
• Yapp v. Reno
  26 F.3d 1562· 11th Cir.· 1994-08-03 ·cited 22×
  Genevieve Yapp, arrested in The Bahamas for drug trafficking in 1986, failed to appear for trial and was sought for extradition by the United States in 1988. Yapp argued that Article 5 of the 1931 Extradition Treaty between the United States and The Bahamas barred her extradition
• R.W. v. A.C. Soud, Jr.
  639 So. 2d 25· Fla.· 1994-06-30 ·cited 22×·via Writ Of Habeas Corpus
  The dissenting justice would have approved the juvenile judge's actions in detaining a juvenile who refused to cooperate with a predisposition report.
• Steinhorst v. Singletary
  638 So. 2d 33· Fla.· 1994-05-26 ·cited 22×·via Writ Of Habeas Corpus
  The court held that the petitioner's claim of disproportionate sentencing was procedurally barred and factually distinguishable from precedent, thus denying the petition for a writ of habeas corpus.
• Kennedy v. Singletary
  602 So. 2d 1285· Fla.· 1992-07-16 ·cited 22×·via Writ Of Habeas Corpus
  The court held that the issues raised by the petitioner are procedurally barred and, even if not barred, the alleged errors are harmless beyond a reasonable doubt.
• Andrews v. Deland
  943 F.2d 1162· 10th Cir.· 1991-08-23 ·cited 22×
  The dissenting judge argues that the petitioner has demonstrated cause for procedural default and that the state's procedural bar is inadequate, thus the claim of ineffective assistance of counsel should be heard on its merits.
• Coleman v. McCORMICK
  874 F.2d 1280· 9th Cir.· 1989-05-05 ·cited 22×
  The court held that the defendant's sentence must be reversed due to procedural issues in place at the time of trial regarding capital punishment hearings.
• Strozier v. Lanson Newsome
  871 F.2d 995· 11th Cir.· 1989-04-27 ·cited 22×
  The court held that the record was ambiguous regarding the knowing and voluntary waiver of the right to counsel, necessitating a remand for an evidentiary hearing.
• Mercer v. Armontrout
  864 F.2d 1429· 8th Cir.· 1988-12-30 ·cited 22×
  The court held that the petitioner's second habeas petition did not present substantial claims that would undermine the accuracy of his guilt or sentencing determination, thus denying a certificate of probable cause.
• Wilton Chatman-Bey v. Thornburgh
  864 F.2d 804· D.C. Cir.· 1988-12-23 ·cited 22×
  A prisoner's challenge to an administratively calculated parole eligibility date, which does not guarantee immediate or earlier release, is not exclusively cognizable in habeas corpus.
• Clark v. State
  530 So. 2d 519· Fla. 5th DCA· 1988-09-08 ·cited 22×·via Writ Of Habeas Corpus
  Clark seeks habeas corpus relief claiming ineffective assistance of appellate counsel because his lawyer filed an Anders brief without raising an alleged double jeopardy violation. The court denies the petition, holding that appellate counsel was not ineffective because the court
• Rubino v. Lynaugh
  845 F.2d 1266· 5th Cir.· 1988-05-18 ·cited 22×
  A retroactive judicial abrogation of a legal defense, even if inconsistently applied, can constitute an ex post facto violation if it substantially disadvantages a defendant by removing the possibility of a more favorable outcome or sentence.
• Henderson v. Dugger
  522 So. 2d 835· Fla.· 1988-04-11 ·cited 22×·via Writ Of Habeas Corpus
  Robert Dale Henderson, sentenced to death for three murders, petitioned for habeas corpus and appealed the denial of a Rule 3.850 motion for post-conviction relief. The Florida Supreme Court denied all relief, holding that Michigan v. Jackson does not apply retroactively to Hende
• Fencl v. Abrahamson
  841 F.2d 760· 7th Cir.· 1988-03-09 ·cited 22×
  The court held that references to the petitioner's post-Miranda silence violated due process, but these errors were harmless beyond a reasonable doubt. The court also found no merit in the ineffective assistance of counsel or jury instruction claims.
• Bridges v. Dugger
  518 So. 2d 298· Fla. 2d DCA· 1987-11-06 ·cited 22×·via Writ Of Habeas Corpus
  Bridges petitioned for a writ of habeas corpus claiming his trial counsel failed to file a notice of appeal despite his request, and that his sentence violated his plea agreement by triggering the habitual offender statute. The court denied the petition, holding that Bridges lack
• United States ex rel. Gary Barnard v. Lane
  819 F.2d 798· 7th Cir.· 1987-05-20 ·cited 22×
  A state prisoner's procedural default in failing to raise an ineffective assistance of counsel claim on direct appeal can be excused if the prisoner demonstrates cause and prejudice, where ineffective assistance of appellate counsel constitutes cause.
• Chandler v. Otie Jones & Attorney Gen. of the State of Tenn.
  813 F.2d 773· 6th Cir.· 1987-03-13 ·cited 22×
  The court affirmed the denial of the writ of habeas corpus, finding that the petitioner's sentence was not cruel and unusual punishment and that he did not receive ineffective assistance of counsel.
• United States ex rel. Donald C. Villa v. J.W. Fairman and Neil F. Hartigan
  810 F.2d 715· 7th Cir.· 1987-01-28 ·cited 22×
  The court should remand to the district court for a determination of waiver and cause and prejudice.
• Evans v. Thigpen
  809 F.2d 239· 5th Cir.· 1987-01-22 ·cited 22×
  The court held that the district court's denial of the habeas petition was correct, affirming the death sentence.
• Harper v. Jeffries
  808 F.2d 281· 3d Cir.· 1986-12-31 ·cited 22×
  A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
• Johnson v. O.L. McCOTTER
  803 F.2d 830· 5th Cir.· 1986-10-31 ·cited 22×
  The court held that although the district court erred in failing to provide notice regarding dismissal for abuse of the writ, the error was harmless because the petitioner's claims lacked merit and he had waived his right to self-representation.
• Vito Matarese v. LeFEVRE
  801 F.2d 98· 2d Cir.· 1986-09-12 ·cited 22×
  The court held that it lacked jurisdiction to review the original habeas corpus judgment due to an untimely notice of appeal, but it had jurisdiction to review the denial of the Rule 60(b)(6) motion.
• Felde v. Blackburn
  795 F.2d 400· 5th Cir.· 1986-07-21 ·cited 22×
  The court held that the record was insufficient to determine if the state court's finding of competency was supported, requiring a remand for further proceedings. Other claims were rejected.
• United States ex rel. Daniel J. Kleba v. McGINNIS
  796 F.2d 947· 7th Cir.· 1986-07-21 ·cited 22×
  The court held that summary judgment should not have been granted on the claim that Kleba was denied effective assistance of counsel due to his counsel's failure to investigate the whereabouts of an alibi witness.
• Brogdon v. Blackburn
  790 F.2d 1164· 5th Cir.· 1986-05-30 ·cited 22×·via Habeas Corpus Relief
  The court held that Brogdon's claims for relief were without merit, denying his request for a certificate of probable cause and vacating the stay of execution.
• Groseclose v. Dutton
  788 F.2d 356· 6th Cir.· 1986-04-14 ·cited 22×
  The court held that the district court's order requiring the submission of a remedial plan for unconstitutional prison conditions was neither a final judgment nor an appealable injunction, thus lacking appellate jurisdiction.
• Tatum v. Christensen
  786 F.2d 959· 9th Cir.· 1986-04-08 ·cited 22×
  The court held that parole does not automatically terminate after five years and that the Parole Commission had the authority to extend supervision. The court also affirmed the dismissal of claims for failure to exhaust administrative remedies.
• Mann v. State
  482 So. 2d 1360· Fla.· 1986-02-01 ·cited 22×
  The Florida Supreme Court denied a convicted murderer's requests for relief from his death sentence, including a motion for post-conviction relief and a petition for habeas corpus. The court found no merit in his claims of ineffective trial counsel or prosecutorial misconduct, an
• Young v. Herring
  777 F.2d 198· 5th Cir.· 1985-11-26 ·cited 22×
  The court held that the defendant's procedural default in failing to raise a timely objection to the identification testimony under Mississippi law barred federal habeas review, and that the evidence was otherwise sufficient to support the conviction.
• Briggs v. Procunier
  764 F.2d 368· 5th Cir.· 1985-07-01 ·cited 22×
  The court held that retrying a defendant as a habitual offender after the state voluntarily dismissed the enhancement counts in the first trial violates the Double Jeopardy Clause.
• Price v. Louie L. Wainwright and Jim Smith
  759 F.2d 1549· 11th Cir.· 1985-05-13 ·cited 22×
  The court held that the petitioner failed to prove by a preponderance of the evidence that he was incompetent to plead guilty, and his plea was not rendered involuntary by medication.
• Stokes v. Procunier
  744 F.2d 475· 5th Cir.· 1984-10-22 ·cited 22×
  The court held that the enhanced sentence was improper due to insufficient evidence regarding the timing of prior convictions, but affirmed the denial of relief on other grounds.
• Crockett Stevens v. Bordenkircher
  746 F.2d 342· 6th Cir.· 1984-10-18 ·cited 22×·via Writ Of Habeas Corpus
  The court held that the trial court's restriction of cross-examination regarding a key witness's bias and the improper admission of a death certificate violated the Sixth Amendment's Confrontation Clause.
• United States ex rel. Gilbert Crist v. Lane
  745 F.2d 476· 7th Cir.· 1984-10-01 ·cited 22×
  The court held that the district court erred in granting the writ of habeas corpus because the petitioner waived his Fifth Amendment claim by failing to present it to the state court and that the prosecutor's comments, even if improper, did not deprive the petitioner of a fair tr
• Linwood E. Briley v. Bass
  742 F.2d 155· 4th Cir.· 1984-08-23 ·cited 22×
  The court held that a defendant cannot impeach a witness by selectively revealing only part of a plea bargain, as the prosecution is entitled to present the entire agreement to avoid misleading the jury.
• Sandstrom v. Butterworth
  738 F.2d 1200· 11th Cir.· 1984-08-13 ·cited 22×
  The majority found that Sandstrom's federal constitutional claim regarding judicial disqualification was exhausted in state courts, but the dissenting judge disagreed.
• United States ex rel. Melvin H. Sullivan v. Fairman
  731 F.2d 450· 7th Cir.· 1984-04-09 ·cited 22×
  The court held that the petitioner forfeited his due process claims by failing to fairly present them to the state courts, but reversed and remanded the ineffective assistance of counsel claim for further proceedings.
• House v. Balkcom
  725 F.2d 608· 11th Cir.· 1984-02-13 ·cited 22×
  The court held that the petitioner was denied effective assistance of counsel at all stages of his trial due to counsel's pervasive failures in investigation, preparation, and strategy, warranting habeas corpus relief.