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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The district court erred by dismissing habeas corpus petitions without considering factual allegations contradicting state court findings and by failing to determine if state remedies were ineffective.
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563 F.2d 372·
8th Cir.·
1977-10-12
·cited 20×
A federal court must grant an evidentiary hearing in a habeas corpus action if relevant facts are disputed and a fair evidentiary hearing was not granted in state court; however, if no relevant facts are disputed, the court may dismiss the petition without a hearing.
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The court held that the dual sovereignty doctrine permits successive state and federal prosecutions for the same act, and collateral estoppel and full faith and credit do not apply when different sovereigns are involved.
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Elsa Iris Lugo petitioned for a writ of habeas corpus challenging her arrest under a Miami Springs municipal ordinance prohibiting female employees from exposing their breasts. The Florida District Court of Appeal affirmed the lower court's decision that the ordinance was unconst
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549 F.2d 1152·
8th Cir.·
1977-02-17
·cited 20×
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544 F.2d 1305·
5th Cir.·
1977-01-10
·cited 20×
A guilty plea, entered with advice of counsel, breaks the chain of prior constitutional violations, and federal habeas relief is limited to the voluntariness and knowing character of the plea itself.
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547 F.2d 42·
6th Cir.·
1976-12-30
·cited 20×
A prosecutor's threat to seek a harsher sentence under an habitual criminal statute if a defendant refuses to plead guilty to a lesser charge violates due process.
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532 F.2d 105·
8th Cir.·
1976-03-15
·cited 20×
The court held that a prima facie case of jury discrimination was established when a substantial disparity existed between the percentage of blacks in the county and the percentage on the master jury list, coupled with a jury selection process that allowed for subjective judgment
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525 F.2d 1269·
5th Cir.·
1976-01-16
·cited 20×
The court held that Florida's consistent refusal to recognize ineffective assistance of privately retained counsel as a basis for post-conviction relief renders exhaustion of state remedies futile for such claims. The court also held that a 1965 search of an arrestee's apartment,
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The court held that authenticated depositions and warrants are admissible in extradition hearings, and that sufficient competent evidence existed to support the finding of extraditability, even if some evidence was hearsay.
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489 F.2d 266·
9th Cir.·
1974-01-02
·cited 20×
A defendant must be advised of the direct consequences of a guilty plea, including the potential punishment, to ensure the plea is knowing and voluntary.
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489 F.2d 1076·
1st Cir.·
1973-12-10
·cited 20×
The court held that the petitioner was denied due process because he was not afforded timely notice of critical steps in the commitment process, an opportunity to review and object to the data used for his evaluation, and timely assistance of counsel.
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480 F.2d 1196·
5th Cir.·
1973-06-18
·cited 20×
The court held that appellate counsel's failure to raise certain trial errors on appeal did not constitute ineffective assistance of counsel, as those errors lacked arguable merit.
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475 F.2d 392·
D.C. Cir.·
1973-03-08
·cited 20×
The court held that while the burden of proof is generally on the petitioner in habeas corpus, in the special circumstances of a pre-Bolton acquitee whose confinement has exceeded the maximum potential sentence, the government may bear the burden of proving continued mental illne
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474 F.2d 987·
5th Cir.·
1973-03-02
·cited 20×
Federal courts must dismiss habeas petitions that raise issues not first presented to a state court, requiring exhaustion of state remedies.
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The Circuit Court has jurisdiction to issue writs of habeas corpus and grant bail, even without appellate jurisdiction over the originating court.
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The court affirmed the district court's grant of habeas corpus, finding that the petitioner's guilty plea was involuntary due to his heroin influence at the time.
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452 F.2d 350·
7th Cir.·
1971-11-19
·cited 20×
The district court did not abuse its discretion in granting a writ of habeas corpus based on an involuntary confession, as res judicata does not apply to successive petitions and the facts supported a finding of involuntariness.
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The court held that a federal prisoner is not entitled to credit for time spent in state custody if the federal detainer did not cause the denial of state bail, but rather the prisoner's inability to make bail.
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447 F.2d 207·
5th Cir.·
1971-07-13
·cited 20×
The court held that Boykin v. Alabama, requiring inquiry into the voluntariness of guilty pleas, is not retroactive to pleas entered before its decision.
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448 F.2d 233·
2d Cir.·
1971-07-12
·cited 20×
The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as the defense attorney employed reasonable strategies despite the strong prosecution case and the identification procedures were not impermissibly suggestive.
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433 F.2d 364·
10th Cir.·
1970-10-20
·cited 20×
The court held that a federal prisoner must exhaust state remedies before seeking federal habeas corpus relief to remove a state detainer, as the state court is the primary forum to determine speedy trial rights.
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431 F.2d 839·
3d Cir.·
1970-07-29
·cited 20×
The dissenting judge would reverse the grant of habeas corpus relief, finding the gun was properly received into evidence.
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424 F.2d 1304·
2d Cir.·
1970-03-31
·cited 20×
The court held that the local board's refusal to reopen the petitioner's classification lacked a basis in fact, entitling him to consideration of his conscientious objector claim.
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423 F.2d 1183·
9th Cir.·
1970-02-24
·cited 20×
The court held that the district court did not err in denying the habeas corpus petition because the appellant was mentally competent when he entered his guilty plea.
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419 F.2d 1369·
4th Cir.·
1970-01-19
·cited 20×
Federal courts may grant habeas corpus relief to prisoners claiming denial of speedy trial rights due to detainers, provided state remedies are exhausted, allowing prosecution to be barred.
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415 F.2d 275·
2d Cir.·
1969-09-12
·cited 20×
The court affirmed the denial of the habeas corpus petition without reaching the merits, to allow New York courts to adjudicate the appellant's Bruton claim.
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415 F.2d 9·
3d Cir.·
1969-08-29
·cited 20×
The court held that the District Court did not err in denying a federal evidentiary hearing on the habeas corpus petition, as the state record was adequate and the appellant's claims lacked sufficient credible evidence.
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An alien paroled into the United States has not made an 'entry' and is not entitled to a deportation hearing upon revocation of parole, nor is a hearing before a special inquiry officer required for persecution claims under these circumstances.
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The court held that the defendant was not entitled to credit for pre-sentence jail time because the sentencing judge had already accounted for it when imposing a sentence less than the statutory maximum.
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The court held that the state did not lose jurisdiction over the appellant when he was transferred to federal custody, and his claims regarding sentence commencement and credit are matters for state courts.
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396 F.2d 499·
5th Cir.·
1968-05-30
·cited 20×
The court affirmed the district court's grant of habeas corpus relief, finding that the petitioner was entitled to credit for time served under vacated sentences.
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377 F.2d 4·
8th Cir.·
1967-05-23
·cited 20×
The court affirmed the denial of habeas corpus relief, finding no evidence of religious or racial discrimination by prison officials.
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The Florida District Court of Appeal held that a state attorney has the implied common law power to request issuance of a grand jury subpoena before the grand jury is formally impaneled and sworn, rejecting petitioner Martin's challenge to a subpoena issued for a grand jury not y
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The Florida Supreme Court discharged a petition for a writ of habeas corpus because the petitioner was attacking a consecutive sentence he had not yet begun to serve, and was currently serving a different sentence.
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354 F.2d 773·
5th Cir.·
1965-12-27
·cited 20×
A defendant is entitled to counsel when changing a plea to guilty, and waiving counsel at arraignment does not waive this right.
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The court held that the district court did not err in denying the inmate's application for a writ of habeas corpus, as he had not exhausted his state remedies and the accusations of prejudice were unsupported.
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Escape from lawful confinement for civil contempt is a punishable offense under common law, even if the contempt statute does not apply.
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Ray Cash sought habeas corpus relief from his 15-year burglary sentence, claiming he was denied due process by being refused a continuance to obtain private counsel after his court-appointed attorney withdrew on the eve of trial. The Florida Supreme Court held that while there is
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270 F.2d 513·
2d Cir.·
1959-09-29
·cited 20×
The court held that statements made by a defendant during a lengthy detention, after being denied counsel and witnessing the brutal treatment of a co-defendant, were coerced and thus involuntary, violating due process.
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Johnson, on death row for murder, sought habeas corpus relief arguing his death sentence was excessive and discriminatorily applied based on race and age, citing statistics showing that seven non-white defendants aged 15-19 were executed over 12 years while no white defendants in
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The court held that the denial of habeas corpus was proper because the Immigration Service was not required to entertain a collateral attack on a state court conviction when denying discretionary relief from deportation.
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221 So. 3d 571·
Fla.·
2017-07-06
·cited 19×
Robert Earl Peterson, convicted of first-degree murder and sentenced to death based on a 7-5 jury recommendation, appeals the denial of his motion to vacate conviction and sentence. The Florida Supreme Court affirmed the denial of postconviction relief on guilt-phase ineffective
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Richard Knight was convicted of two counts of first-degree murder and sentenced to death. On appeal from denial of his Rule 3.851 postconviction motion and habeas corpus petition, the Florida Supreme Court affirmed his convictions and death sentence, finding no ineffective assist
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154 So. 3d 275·
Fla.·
2014-06-26
·cited 19×
Charles Peterson appeals the denial of his postconviction motion for relief challenging his first-degree murder conviction and death sentence for the 1997 murder of John Cardoso during a robbery. The Florida Supreme Court affirmed the circuit court's denial, finding that Peterson
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The Florida Supreme Court held that a juvenile with a risk assessment score of zero may be placed in home detention when the risk assessment instrument indicates the juvenile has violated probation or conditional release, and that district courts cannot grant habeas relief challe
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Leonardo Franqui appeals the circuit court's denial of his Rule 3.851 postconviction motion challenging his conviction and death sentence for first-degree murder during a bank robbery. The Florida Supreme Court affirms the denial of postconviction relief and Franqui's petition fo