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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A state parole board has the authority to parole a prisoner into the custody of federal authorities to serve a federal sentence, and this action triggers the commencement of the federal sentence.
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The court held that the failure to perfect an appeal is not grounds for habeas corpus relief, and the sentence imposed was not excessive as each count charged a distinct offense.
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This case reviews a habeas corpus proceeding where the plaintiff in error was denied bail on a first-degree murder charge. The appellate court determined that the evidence did not clearly establish premeditated design, thus entitling the plaintiff in error to bail.
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927 F.3d 1150·
11th Cir.·
2019-06-20
·cited 21×
Frederick Whatley murdered a store owner in Georgia in 1995, was convicted, and received a death sentence. The Court of Appeals for the Eleventh Circuit reversed his conviction on his ineffective assistance of counsel claim regarding his trial lawyer's failure to investigate and
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Rodney Tyrone Lowe appeals his death sentence for the 1990 first-degree murder of Donna Burnell. The Florida Supreme Court affirms his sentence, rejecting claims including Hurst challenges, proportionality arguments, and various trial errors related to jury instructions, evidenti
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Eric Scott Branch, a death row inmate with an active execution warrant, appealed a circuit court's denial of his second successive motion for postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial, rejecting Branch's claims that his
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Steven Douglas Hayward appeals the denial of his Florida Rule of Criminal Procedure 3.851 postconviction motion seeking to vacate his first-degree murder conviction and death sentence. He also petitions for a writ of habeas corpus alleging ineffective assistance of appellate coun
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Jose Abreu-Gutierrez challenged his involuntary commitment for restoration of competency to stand trial, arguing the commitment was illegal. The appellate court held that because no evidence established his mental illness was amenable to treatment or that he could be restored to
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The court held that the defendant's claim for additional credit for time served was inconsistent with the terms of the plea agreement he accepted.
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Meryl McDonald, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the denial of both the postconviction motion and the habeas petition, finding that McDonald's trial counsel
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430 F.3d 1310·
11th Cir.·
2005-11-21
·cited 21×
Linda Michael, a Florida prisoner serving a life sentence for second-degree murder, appealed the denial of her federal habeas petition challenging her conviction and sentence. Michael claimed her trial counsel was ineffective under the Sixth Amendment for failing to discover and
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George James Trepal appeals denial of postconviction relief following his conviction for the first-degree murder of Peggy Carr through thallium poisoning. The core issue involves whether false and misleading scientific testimony by FBI chemist Roger Martz, combined with other all
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Thomas Gudinas, a death row inmate convicted of first-degree murder and sexual battery, sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of all postconviction claims a
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Linroy Bottoson, a death row inmate with an active death warrant, appealed the trial court's denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a successive habeas corpus petition. The Florida Supreme Court affirmed
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788 So. 2d 238·
Fla.·
2001-06-07
·cited 21×
Florida's Supreme Court affirmed a trial court's decision vacating John Huggins' death sentence and murder conviction, finding that the State violated Brady v. Maryland by suppressing evidence that could have impeached a key witness and undermined the credibility of the prosecuti
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William Frederick Happ, a death-sentenced inmate, petitioned for habeas corpus relief based on claims of ineffective assistance of appellate counsel. The Florida Supreme Court denied all five claims, holding that appellate counsel's performance fell within the acceptable range an
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The Florida Supreme Court affirmed a trial court's denial of a death row inmate's motion to vacate his sentence. The inmate argued that his codefendant's subsequent life sentence for a related murder constituted newly discovered evidence. The court found this claim lacked merit b
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643 So. 2d 1071·
Fla.·
1994-10-13
·cited 21×
Clarence Hill seeks reconsideration of his death sentence for murdering a police officer during a 1982 bank robbery in Florida. The Florida Supreme Court reexamines its harmless error analysis after a federal court identified that the trial judge erroneously found the murder was
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The court held that the petitioner's claims are procedurally barred, and thus he is not entitled to habeas corpus relief.
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898 F.2d 1298·
7th Cir.·
1990-04-06
·cited 21×
A petitioner cannot establish cause for procedural default based on ineffective assistance of postconviction counsel when there is no constitutional right to counsel in such proceedings.
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863 F.2d 1337·
7th Cir.·
1988-12-13
·cited 21×
The court held that federal habeas review of the Fourth Amendment claim was barred by Stone v. Powell because the state courts provided a full and fair opportunity to litigate the issue. The court also held that the prosecutor's comments on the defendant's silence, while improper
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The court held that the failure of Thomas's attorneys to file a brief on the State's appeal from the suppression ruling constituted a complete denial of counsel at a critical stage, violating the Sixth Amendment, and that this violation could not be considered harmless error.
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851 F.2d 1136·
9th Cir.·
1987-07-09
·cited 21×
The dissent argues that retained tribal sovereignty applies only to tribal members, and federal statutes do not grant tribes criminal jurisdiction over nonmember Indians, leading to potential discrimination.
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John Mills, a death row inmate convicted of first-degree murder, challenged his death sentence through a Rule 3.850 motion and habeas corpus petition, claiming prosecutorial misconduct, ineffective assistance of counsel, and other trial errors. The Florida Supreme Court affirmed
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793 F.2d 1190·
11th Cir.·
1986-07-18
·cited 21×
The court held that the petitioner did not demonstrate ineffective assistance of counsel regarding his guilty plea, nor was the magistrate subject to disqualification due to alleged bias.
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791 F.2d 722·
9th Cir.·
1986-06-09
·cited 21×
The court held that the district court did not err in dismissing the habeas corpus petition or denying the motion for appointment of counsel, as the petitioner's claims were either procedurally barred, fairly adjudicated in state court, or did not warrant federal intervention.
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The court denied the application for a certificate of probable cause and a stay of execution.
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691 F.2d 706·
5th Cir.·
1982-10-27
·cited 21×
The court (in dissent) would not grant a stay of execution because the petitioner's claims of constitutional error were without merit.
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653 F.2d 408·
9th Cir.·
1981-08-10
·cited 21×
The court held that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated by his attorney's failure to file a motion to suppress evidence, as the attorney's actions were within the bounds of reasonably competent representation and the entry wa
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639 F.2d 1301·
5th Cir.·
1981-03-19
·cited 21×
The admission of Germany's incriminating statement was harmless error, and the state court's factual findings regarding the compulsory process claim are presumed correct under 28 U.S.C. § 2254(d).
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644 F.2d 543·
6th Cir.·
1981-03-02
·cited 21×
The Sixth Circuit held that while a federal court can entertain a pretrial habeas petition for a speedy trial claim to enforce the state's duty to provide a prompt trial, the district court erred in dismissing the indictment prematurely. The court also held that the arbitrary rev
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A district court exceeds its jurisdiction under Fed.R.Crim.P. 35 by ordering a transfer of an inmate from state to federal custody or by crediting time spent in state custody, as these are matters of comity and executive discretion.
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531 F.2d 1247·
5th Cir.·
1976-02-04
·cited 21×
The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
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503 F.2d 491·
2d Cir.·
1974-07-05
·cited 21×
The court held that a state prisoner's pending direct appeal to the state Supreme Court, even with delays, means he has not exhausted state remedies as required for federal habeas corpus relief.
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452 F.2d 557·
3d Cir.·
1971-11-29
·cited 21×
Federal courts lack habeas corpus jurisdiction for a petitioner not in custody, and the denial of funds for a defense psychologist was within the trial court's discretion.
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The court held that purchasers of non-quota cotton are liable for penalties under the Agricultural Adjustment Act, and that the husband-wife privilege does not shield communications or acts in furtherance of fraud, especially in federal equity courts.
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Theodore Johnson, convicted of unlawful possession of intoxicating liquor and sentenced to six months in jail with the sentence suspended on good behavior, was arrested and imprisoned nearly eighteen months after sentencing. The Florida Supreme Court held that once Johnson had fu
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Jerry William Correll, a death row inmate, challenged Florida's death penalty system and execution protocol through successive postconviction motions and public records requests. The Florida Supreme Court rejected all of his constitutional challenges to the death penalty, length
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Norman Blake McKenzie appeals the summary denial of his Rule 3.851 postconviction motion challenging his death sentences for two first-degree murders. McKenzie, who represented himself during trial after a knowing and voluntary waiver of counsel, claims ineffective assistance of
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Thomas Anthony Wyatt, a death row inmate, appealed the denial of his postconviction relief motions challenging his 1988 first-degree murder conviction and death sentence for killing Cathy Nydegger in Florida. The Florida Supreme Court affirmed the denial of all postconviction cla
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13 So. 3d 1025·
Fla.·
2009-07-09
·cited 20×
The Florida Supreme Court adopted a comprehensive set of civil procedure rules governing involuntary commitment proceedings for sexually violent predators under the Jimmy Ryce Act. The Court adopted most of the proposed rules with modifications while declining to adopt two rules,
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Anthony Floyd Wainwright, 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. The Florida Supreme Court affirmed the denial of postconviction relief and denied t
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Faris sought to enforce a plea agreement that he claimed was violated when the State initiated civil commitment proceedings under the Jimmy Ryce Act immediately before his release from prison. The Fourth District Court of Appeal reversed the trial court's order granting Faris's m
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The Florida Supreme Court amended Rule 3.851 governing capital postconviction relief procedures to expedite death penalty cases while maintaining fairness and quality. The amendments establish new procedures for appointing counsel, conducting status conferences, and holding evide
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747 So. 2d 402·
Fla. 4th DCA·
1999-10-06
·cited 20×
Walter Johnson petitioned for habeas corpus after being detained under Florida's Jimmy Ryce Act following completion of his criminal sentence. The court held that the multidisciplinary team report evaluating him as a sexually violent predator must be signed by all team members, n
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Kevin Houser was released on bond for armed robbery with conditions prohibiting firearm possession. While on bond, he was arrested for carrying a concealed firearm, leading to revocation of his original bond and denial of reinstatement. The Florida Third District Court of Appeal
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An inmate challenged a disciplinary sanction via mandamus petition filed 18 months after the administrative appeal was denied. The trial court dismissed the petition under a 30-day statute of limitations for prisoner disciplinary actions. The appellate court held the statute unco
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652 So. 2d 1264·
Fla. 4th DCA·
1995-04-12
·cited 20×
Court grants habeas corpus petition to allow belated appeal where trial court's order denying Rule 3.850 relief failed to provide notice of appeal deadline and state showed no specific prejudice from delay.
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958 F.2d 634·
5th Cir.·
1992-04-03
·cited 20×
The court held that the Texas capital sentencing statute, as applied, did not unconstitutionally prevent the jury from considering mitigating evidence, and that Barnard's claims of ineffective assistance of counsel lacked merit.