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

• McCarthan v. Dir. OF Goodwill Industries-Suncoast, Inc.
  851 F.3d 1076· 11th Cir.· 2017-03-14 ·cited 102×
  The "saving clause" of 28 U.S.C. § 2255(e) allows a federal prisoner to seek habeas corpus relief under 28 U.S.C. § 2241 if the remedy by motion under § 2255 is inadequate or ineffective to test the legality of detention. This inadequacy must be assessed at the time the § 2241 pe
• Davis v. State
  928 So. 2d 1089· Fla.· 2005-10-20 ·cited 102×·via Writ Of Habeas Corpus
  Mark Allen Davis appeals the denial of his rule 3.850 postconviction motion and petitions for habeas corpus relief following his 1987 conviction for first-degree murder, robbery, and grand theft in the killing of Orville Landis. The Florida Supreme Court affirms the denial of pos
• State v. Lewis
  838 So. 2d 1102· Fla.· 2002-12-12 ·cited 102×·via Writ Of Habeas Corpus
  Lawrence Lewis was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that trial counsel was ineffective during the penalty phase by failing to adequately investigate and prepare mitig
• Hunter v. State
  817 So. 2d 786· Fla.· 2002-04-04 ·cited 102×·via Writ Of Habeas Corpus
  James Eugene Hunter, convicted of first-degree murder and other crimes and sentenced to death, appealed the denial of his postconviction motion for relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the hab
• Weygandt v. Ducharme
  774 F.2d 1491· 9th Cir.· 1985-10-30 ·cited 102×·via Habeas Corpus Relief
  The court held that the petitioner's counsel's failure to object to prosecutor's remarks, while an error, did not prejudice the petitioner given the overwhelming evidence of guilt, thus not violating the Sixth Amendment right to effective assistance of counsel.
• Barrett v. Hunter
  180 F.2d 510· 10th Cir.· 1950-02-14 ·cited 102×·via Application For Writ Of Habeas Corpus
  The dissenting judge believes that 28 U.S.C. § 2255 is not always a prerequisite to habeas corpus and can be inadequate, especially for prisoners facing practical difficulties. The judge would reverse and remand Barrett's case.
• State ex rel. George J. Deeb v. Fabisinski
  111 Fla. 454· Fla.· 1933-07-18 ·cited 102×·via Writ Of Habeas Corpus
  George Deeb was committed to a state hospital for insanity and later indicted for murder. The circuit court issued an order requiring the hospital superintendent to produce Deeb's body for trial. The Supreme Court of Florida granted a writ of prohibition against the circuit judge
• Mazen AL Najjar v. Ashcroft
  273 F.3d 1330· 11th Cir.· 2001-11-28 ·cited 101×
  Mazen Al Najjar, a Palestinian refugee and engineering doctorate holder, was ordered deported after overstaying his student visa, and the government detained him without bond based on classified information alleging ties to Palestinian Islamic Jihad, a terrorist organization. The
• Jurek v. Estelle
  623 F.2d 929· 5th Cir.· 1980-08-11 ·cited 101×
  The en banc court held that the first confession was voluntary and admissible, but the second confession was involuntary and inadmissible. The court affirmed the denial of habeas corpus relief regarding the first confession but reversed it regarding the second.
• Hitchcock v. State
  991 So. 2d 337· Fla.· 2008-05-22 ·cited 100×·via Writ Of Habeas Corpus
  James Hitchcock was convicted and sentenced to death for the 1976 murder of his brother's 13-year-old stepdaughter. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion for postconviction relief and habeas petition, rejecting claims of ineffective assistance of
• Allen v. State
  854 So. 2d 1255· Fla.· 2003-07-10 ·cited 100×·via Writ Of Habeas Corpus
  Lloyd Chase Allen, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denial, rejecting Allen's Brady violation claims regarding withheld hair analysis evidence and
• Atwater v. State
  788 So. 2d 223· Fla.· 2001-06-07 ·cited 100×·via Writ Of Habeas Corpus
  Jeffrey Lee Atwater, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of both the post-conviction motion and habeas petition, rejecting claims of i
• Rose v. State
  787 So. 2d 786· Fla.· 2001-04-05 ·cited 100×·via Writ Of Habeas Corpus
  James Franklin Rose appeals his death sentence for the 1976 kidnapping and murder of eight-year-old Lisa Berry. The Florida Supreme Court affirms the death penalty, rejecting seventeen issues raised on appeal, including claims regarding photographic evidence, Brady violations, pr
• Willis v. Ciccone
  506 F.2d 1011· 8th Cir.· 1974-11-15 ·cited 100×
  A federal prisoner must exhaust administrative remedies before seeking habeas corpus relief, and evidentiary hearings are generally unnecessary for claims of procedural due process violations or factual bases for disciplinary actions.
• Card v. Dugger
  911 F.2d 1494· 11th Cir.· 1990-09-04 ·cited 99×
  The court held that counsel's failure to investigate or present testimony suggesting third-party guilt was not ineffective assistance, as the defendant had confessed and the evidence was not clearly exculpatory or ethically required to be presented. Furthermore, counsel's tactica
• Israel v. State
  985 So. 2d 510· Fla.· 2008-03-20 ·cited 98×·via Writ Of Habeas Corpus
  Connie Ray Israel appeals the denial of his motion for postconviction relief and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of ineffective assistance of counsel, constitutional defects in Flo
• Mungin v. State
  932 So. 2d 986· Fla.· 2006-04-06 ·cited 98×·via Writ Of Habeas Corpus
  Anthony Mungin, convicted of murder and sentenced to death, challenged his conviction and sentence through a rule 3.850 motion for postconviction relief and habeas petition. The Florida Supreme Court affirmed the trial court's denial of all relief, rejecting claims of ineffective
• Grover Reed v. State
  875 So. 2d 415· Fla.· 2004-04-15 ·cited 98×·via Writ Of Habeas Corpus
  Grover Reed appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus following his 1986 conviction and death sentence for the murder, sexual battery, and robbery of Betty Oermann. The Florida Supreme Court affirms the circuit court's d
• Sanchez v. H.G. Miller
  792 F.2d 694· 7th Cir.· 1986-06-09 ·cited 98×
  The dissent argues that the "cause and prejudice" standard for excusing failure to exhaust administrative remedies requires some indicia of reliability for confidential informants, a requirement implicit in Wolff v. McDonnell.
• Westbrook v. Zant
  704 F.2d 1487· 11th Cir.· 1983-05-16 ·cited 98×
  The court held that the trial court's denial of a request for a court-appointed psychologist or psychiatrist to evaluate the impact of long-term incarceration on a capital defendant's mental state was not an abuse of discretion, as the defendant could have presented evidence thro
• Louie L. Wainwright v. Simpson
  360 F.2d 307· 5th Cir.· 1966-04-11 ·cited 98×
  The court affirmed the judgment but clarified that the exhaustion principle in habeas corpus is a matter of comity, not jurisdiction, and requires exhaustion of state remedies before federal intervention.
• Dolan Darling v. State
  966 So. 2d 366· Fla.· 2007-07-12 ·cited 97×·via Writ Of Habeas Corpus
  Dolan Darling, convicted of first-degree murder and sentenced to death, sought postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a habeas petition. The Florida Supreme Court affirmed the denial of his motion to vacate and rejected his habeas claims, h
• Valle v. Moore
  837 So. 2d 905· Fla.· 2002-08-29 ·cited 97×·via Writ Of Habeas Corpus
  Manuel Valle, a death row inmate, petitioned for a writ of habeas corpus raising four claims of ineffective assistance of appellate counsel. The Florida Supreme Court denied all four claims, finding that appellate counsel was not ineffective for failing to raise non-meritorious c
• Melendez v. State
  718 So. 2d 746· Fla.· 1998-06-11 ·cited 97×·via Writ Of Habeas Corpus
  Juan Roberto Melendez, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.850 motion for post-conviction relief based on newly discovered evidence, Brady violations, and ineffective assistance of counsel. The Florida Supreme Court affirmed
• Farina v. State
  937 So. 2d 612· Fla.· 2006-07-06 ·cited 96×·via Writ Of Habeas Corpus
  Anthony Farina, a death row inmate, sought post-conviction relief and habeas corpus review after his death sentence for his role in a 1992 Taco Bell robbery and murder of a 17-year-old employee. The Florida Supreme Court affirmed the denial of his post-conviction motion and rejec
• Miller v. State
  926 So. 2d 1243· Fla.· 2006-03-23 ·cited 96×·via Writ Of Habeas Corpus
  David Miller, Jr., a death row inmate convicted of first-degree murder, appealed the denial of his postconviction relief motion under Rule 3.851 and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of all relief, rejecting ineffective assistance of coun
• Mordenti v. State
  894 So. 2d 161· Fla.· 2004-12-16 ·cited 96×·via Writ Of Habeas Corpus
  The Florida Supreme Court reversed the denial of Mordenti's postconviction relief motion and remanded for a new trial, finding that the State committed Brady violations by withholding critical impeachment evidence regarding the credibility of its key witness, Gail Mordenti Millig
• Porter v. Crosby
  840 So. 2d 981· Fla.· 2003-01-09 ·cited 96×
  George Porter, Jr. petitioned for a writ of habeas corpus challenging his death sentence for two first-degree murders committed in 1985, raising claims of ineffective assistance of appellate counsel, constitutional defects in sentencing, and other issues. The Florida Supreme Cour
• Birt v. Montgomery
  725 F.2d 587· 11th Cir.· 1984-02-13 ·cited 96×
• Jenkins v. Louie L. Wainwright
  322 So. 2d 477· Fla.· 1975-07-02 ·cited 96×·via Writ Of Habeas Corpus
  Catherine Jenkins sought habeas corpus relief from consecutive sentences imposed for possession of cannabis and a hallucinogenic drug. The Florida Supreme Court held that multiple sentences may be imposed for separate drug offenses arising from the same incident, rejecting the 's
• United States ex rel. Willie Seals, Jr. v. Wiman
  304 F.2d 53· 5th Cir.· 1962-05-30 ·cited 96×
  The court held that the petitioner failed to prove systematic racial discrimination in jury selection, and that claims regarding illegally obtained evidence and prejudicial publicity were not sufficiently supported to warrant habeas corpus relief.
• Smith v. State
  400 So. 2d 956· Fla.· 1981-06-25 ·cited 95×·via Writ Of Habeas Corpus
  Dennis Wayne Smith appeals the denial of post-conviction relief after his death sentence for first-degree murder. The Florida Supreme Court affirms the trial court's denial on most grounds but remands for consideration of a Brady violation claim regarding allegedly undisclosed ev
• Ward v. Dugger
  508 So. 2d 778· Fla. 1st DCA· 1987-06-23 ·cited 94×·via Writ Of Habeas Corpus
  Sharon Ward petitioned for a writ of habeas corpus seeking leave to file a belated motion for post-conviction relief based on alleged ineffective assistance of counsel, claiming her trial attorney blocked her access to case records needed for the motion. The court dismissed the p
• Ramesh Solomon v. Elsea
  676 F.2d 282· 7th Cir.· 1982-04-22 ·cited 94×
  The court held that the Parole Commission's denial of parole was proper, as the statement of reasons was sufficient, the magnitude of the offense constituted good cause for deviation from guidelines, and the Commission did not abuse its discretion by relying on presentence report
• Wilmer Lane Easter v. Estelle
  609 F.2d 756· 5th Cir.· 1980-01-09 ·cited 94×
  The court held that the petitioner's claims regarding jury instructions and ineffective assistance of counsel lacked merit and did not warrant federal habeas corpus relief.
• Levin v. Nicholas deB. Katzenbach
  363 F.2d 287· D.C. Cir.· 1966-05-19 ·cited 94×
  The court held that a conviction may be invalidated if the government negligently failed to disclose exculpatory evidence, even if the defense could have discovered it through due diligence.
• United States ex rel. Darcy v. Handy
  203 F.2d 407· 3d Cir.· 1953-03-24 ·cited 94×
  The court held that the relator must be afforded an opportunity to prove allegations of hysteria and prejudice at his trial, as the undisputed facts did not countervail these claims. The court also found that the lower court erred in dismissing the petition without allowing the r
• Alachua Reg'l Juv. Detention Ctr. v. T.O.
  684 So. 2d 814· Fla.· 1996-12-19 ·cited 93×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a district court of appeal may entertain a habeas corpus petition challenging a detention order even when it lacks appellate jurisdiction over the trial court that issued the order, provided the detaining facility is within the district court's
• United States ex rel. Nathaniel Spurlark v. Wolff
  699 F.2d 354· 7th Cir.· 1983-01-28 ·cited 93×
  The court's holding is not explicitly stated in this concurring and dissenting opinion, but it addresses the application of waiver rules to habeas corpus claims.
• Brown v. Beto
  377 F.2d 950· 5th Cir.· 1967-05-12 ·cited 93×
  The court held that the defendant failed to carry his burden of showing his twenty-five year sentence is constitutionally invalid, and the trial judge exercised sufficient precautions in accepting the guilty plea.
• Mansfield v. State
  911 So. 2d 1160· Fla.· 2005-07-07 ·cited 92×·via Writ Of Habeas Corpus
  Scott Mansfield was convicted of first-degree murder and sentenced to death for the brutal killing of Sara Robles in Florida. The Florida Supreme Court affirmed the denial of his Rule 3.851 motion for postconviction relief and his petition for a writ of habeas corpus, finding no
• Amos Lee King v. State
  808 So. 2d 1237· Fla.· 2002-01-16 ·cited 92×·via Writ Of Habeas Corpus
  Amos Lee King, a death row inmate, filed a successive postconviction motion and habeas petition challenging his 1977 conviction and death sentence for the murder of Natalie Brady. The Florida Supreme Court affirmed the trial court's denial of all relief, holding that King failed
• Morris v. State
  931 So. 2d 821· Fla.· 2006-04-20 ·cited 91×
  Robert Dwayne Morris, convicted of first-degree murder and sentenced to death in 1994, appealed the trial court's denial of postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habe
• SP/4 A. R. Montgomery, IV v. Rumsfeld
  572 F.2d 250· 9th Cir.· 1978-03-23 ·cited 91×·via Writ Of Habeas Corpus
  The court held that the district court erred in dismissing the action for lack of jurisdiction based on failure to exhaust administrative remedies, and that denial of class certification and leave to add plaintiffs was within the trial court's discretion.
• Lynch v. State
  2 So. 3d 47· Fla.· 2008-11-06 ·cited 90×
  Richard Lynch was convicted of two counts of first-degree murder, armed burglary, and armed kidnapping in the March 1999 deaths of Roseanna Morgan and her 13-year-old daughter Leah Caday. The Florida Supreme Court affirmed the circuit court's denial of Lynch's postconviction moti
• Baldwin v. Blackburn
  653 F.2d 942· 5th Cir.· 1981-08-14 ·cited 90×
  The court held that the district court did not err in denying an evidentiary hearing and in finding that the appellant's trial counsel was effective, and that the jury instructions, while irregular, did not render the trial fundamentally unfair.
• Foxworth v. Louie L. Wainwright
  516 F.2d 1072· 5th Cir.· 1975-08-01 ·cited 90×·via Writ Of Habeas Corpus
  Joint representation of multiple defendants in a capital case, where a plausible defense for one defendant would have prejudiced the others, constitutes a denial of the right to effective assistance of counsel.
• McCREARY v. Sigler
  406 F.2d 1264· 8th Cir.· 1969-02-18 ·cited 90×·via Writ Of Habeas Corpus
  Consent to search given after an officer claims to have a warrant is invalid if it is merely acquiescence to a claim of lawful authority.
• William "Billy" Mitchell v. Kemp
  762 F.2d 886· 11th Cir.· 1985-05-23 ·cited 89×
  The court held that the defendant's counsel was not ineffective and that the district court properly denied habeas corpus relief.
• Harris v. Pulley
  692 F.2d 1189· 9th Cir.· 1982-09-16 ·cited 89×
  The court held that the California statute is unconstitutional because it lacks a requirement for written jury findings supporting the death penalty, preventing adequate appellate review.