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

• Viet HO v. State
  929 So. 2d 1155· Fla. 5th DCA· 2006-06-02 ·cited 19×·via Writ Of Habeas Corpus
• Rutherford v. Crosby
  438 F.3d 1087· 11th Cir.· 2006-01-30 ·cited 19×
  The district court correctly dismissed the petitioner's complaint for lack of jurisdiction, finding it to be the functional equivalent of a successive habeas corpus petition. The court also denied the application for a stay of execution, concluding that the petitioner had unduly
• Henyard v. State
  883 So. 2d 753· Fla.· 2004-05-27 ·cited 19×·via Writ Of Habeas Corpus
  Richard Henyard, Jr. was convicted of two counts of first-degree murder, attempted first-degree murder, sexual battery, robbery, and kidnapping for a 1993 crime in which he and a younger accomplice robbed, raped, and shot a woman (who survived) and murdered her two young daughter
• Grossman v. Dugger
  708 So. 2d 249· Fla.· 1997-12-18 ·cited 19×·via Writ Of Habeas Corpus
  Martin Grossman, sentenced to death for the 1984 murder of wildlife officer Peggy Park, appeals the denial of his Rule 3.850 postconviction motion and seeks habeas corpus relief. The Florida Supreme Court affirms the denial of both the postconviction motion and the habeas petitio
• Cleon L. Smith v. State
  685 So. 2d 912· Fla. 5th DCA· 1996-12-13 ·cited 19×·via Writ Of Habeas Corpus
  Smith seeks a belated appeal of an order denying a Rule 3.800 motion for gain time credit. The court holds that a defendant cannot raise the same issue in a successive Rule 3.800 motion after failing to appeal the first denial. The court affirms the denial but discusses the subst
• Hipschman v. Cochran
  683 So. 2d 209· Fla. 4th DCA· 1996-11-27 ·cited 19×·via Writ Of Habeas Corpus
  A Florida appellate court granted habeas corpus relief to a husband incarcerated under a civil contempt order for failure to pay alimony, finding the order constitutionally deficient because it allowed the clerk to issue arrest warrants without notice or hearing to the husband, a
• Marshall v. Dugger
  925 F.2d 374· 11th Cir.· 1991-03-01 ·cited 19×
  A defendant waives the Sixth Amendment right to counsel by unreasonably dismissing qualified, court-appointed counsel without good cause.
• Xiques v. Dugger
  571 So. 2d 3· Fla. 2d DCA· 1990-04-20 ·cited 19×
  John Xiques petitioned for habeas corpus relief, seeking belated appellate review of his 1982 escape conviction based on claims that his trial counsel failed to file a notice of appeal despite his timely request. The court denied the petition as a successive petition that could b
• In the Interest of C.M.T. v. Dep't of Health & Rehabilitative Servs.
  550 So. 2d 126· Fla. 1st DCA· 1989-10-03 ·cited 19×·via Writ Of Habeas Corpus
  A juvenile petitioned for writ of mandamus challenging the Department of Health and Rehabilitative Services' failure to place him in a commitment program within five days of commitment, as required by Florida Statute § 959.12. The court held that the statute mandates placement wi
• Laycock v. State OF NEW Mexico
  880 F.2d 1184· 10th Cir.· 1989-07-26 ·cited 19×·via Petition For Habeas Corpus Relief
  The court held that the district court's denial of the habeas corpus petition was correct, affirming the judgment.
• Adams v. Midge Carroll
  875 F.2d 1441· 9th Cir.· 1989-05-30 ·cited 19×
  A criminal defendant's request to proceed pro se is not rendered equivocal by being conditioned on the refusal to appoint a specific attorney the defendant distrusts.
• McCUNE v. The City OF Grand Rapids
  842 F.2d 903· 6th Cir.· 1988-03-25 ·cited 19×·via Habeas Corpus Relief
  The court held that the statute of limitations for a section 1983 claim accrues when the plaintiff knows or has reason to know of the injury, and that continuing incarceration is an effect, not a continuing tort.
• Slicker v. Louie L. Wainwright
  809 F.2d 768· 11th Cir.· 1987-02-12 ·cited 19×
  The court held that the district court must determine if the appellant's allegations satisfy the standard set forth in Hill v. Lockhart regarding ineffective assistance of counsel and prejudice from faulty legal advice.
• Son H. Fleming v. Kemp
  794 F.2d 1478· 11th Cir.· 1986-06-27 ·cited 19×
  The concurring judge believes the issue of waiver of the right to counsel has sufficient merit to warrant a stay of execution for briefing and review.
• Gaddy v. Linahan
  780 F.2d 935· 11th Cir.· 1986-01-22 ·cited 19×
  The court held that a guilty plea must be knowing and voluntary, requiring the defendant to understand the elements of the charge, and that the reading of an indictment alone may be insufficient for a defendant of minimal mental capacity.
• Hajduk v. United States
  764 F.2d 795· 11th Cir.· 1985-07-01 ·cited 19×·via Writ Of Habeas Corpus
  A challenge to parole commission actions, not the original sentence, must be brought via habeas corpus under 28 U.S.C. § 2241, not a motion to vacate sentence under 28 U.S.C. § 2255.
• Lerner v. Gill
  751 F.2d 450· 1st Cir.· 1985-01-04 ·cited 19×
  The court held that the Rhode Island Supreme Court's construction of the parole eligibility statute was not an ex post facto law and its application did not violate due process, as it was not more onerous than the law at the time of the crime.
• Cook v. Fla. Parole & Prob. Comm'n
  749 F.2d 678· 11th Cir.· 1985-01-02 ·cited 19×
  The court held that while state delays can excuse the exhaustion requirement, the circumstances here do not warrant excusing it, but the district court should allow the petitioner to choose whether to proceed in state court without his presence.
• Mitchell v. Scully
  746 F.2d 951· 2d Cir.· 1984-10-23 ·cited 19×
  The court held that the defendant's claim of ineffective assistance of counsel regarding an affirmative defense lacked merit because there was no reasonable probability that the defense would have succeeded or resulted in a more favorable outcome.
• DiRUGGIERO v. Rodgers
  743 F.2d 1009· 3d Cir.· 1984-09-17 ·cited 19×·via Writ Of Habeas Corpus
  The court held that claims under the Parental Kidnapping Prevention Act (PKPA) arise under federal law, and that the domestic relations exception does not bar diversity jurisdiction over a state-law child abduction tort claim.
• Walker v. A.L. Lockhart
  726 F.2d 1238· 8th Cir.· 1984-01-18 ·cited 19×
  The court, sitting en banc, granted a petition for recall of mandate and remanded the case to the district court to take evidence on new factual issues. These issues include testimony from Russell Kumpe and his former wife regarding Kumpe's alleged firing of a gun, and the admiss
• United States v. Hollis
  569 F.2d 199· 3d Cir.· 1977-12-29 ·cited 19×
  The court held that the trial court erred in placing the burden of proving incompetency on the habeas petitioner when the issue of competency was raised but not litigated prior to conviction.
• Autry Lee Jones v. Henderson
  549 F.2d 995· 5th Cir.· 1977-03-31 ·cited 19×
• Bassett v. Smith
  464 F.2d 347· 5th Cir.· 1972-07-17 ·cited 19×
  The dissenting judge argues that the ruling in Smith v. Smith should be applied retroactively, disagreeing with the majority's balancing of factors.
• Boyer v. City OF Orlando
  232 So. 2d 169· Fla.· 1970-02-25 ·cited 19×·via Writ Of Habeas Corpus
  William Boyer was convicted of disorderly conduct and resisting a police officer in municipal court without being advised of his right to counsel or offered appointed counsel, despite being indigent. The Florida Supreme Court declined to answer a certified question about the cons
• Rodriguez v. State
  119 So. 2d 681· Fla.· 1960-04-13 ·cited 19×
  A prisoner's petition for habeas corpus seeking release based on time served under a deferred sentence is premature if no sentence was actually imposed.
• State of Fla. ex rel. Rose Miller v. Kelly
  88 So. 2d 118· Fla.· 1956-06-06 ·cited 19×·via Writ Of Habeas Corpus
  A defendant who moves for and is granted a new trial waives any claim of double jeopardy, and the materiality of testimony is a question for the jury if properly preserved.
• Snow v. Roche
  143 F.2d 718· 9th Cir.· 1944-06-30 ·cited 19×·via Writ Of Habeas Corpus
  The court held that a writ of mandamus would not issue because the underlying petition for habeas corpus did not state a claim for illegal detention, which is the sole purpose of the writ.
• Stokes v. Galloway
  61 Fla. 437· Fla.· 1911-01-01 ·cited 19×·via Habeas Corpus Proceedings
  This case concerns whether an amendment to a state statute, Chapter 5692, Acts of 1907, violated a constitutional provision requiring laws to embrace but one subject, briefly expressed in the title. The court found the amendment constitutional and affirmed the lower court's decis
• Jimenez v. State
  196 So. 3d 499· Fla. 3d DCA· 2016-07-13 ·cited 18×·via Writ Of Habeas Corpus
  Diego Jimenez appeals an order prohibiting him from filing further pro se pleadings related to his 2003 criminal convictions and 60-year sentence. The Third District Court of Appeal affirmed the prohibition, finding that Jimenez's filing of numerous successive, meritless motions
• Jarvis D. Coleman v. State
  128 So. 3d 193· Fla. 5th DCA· 2013-12-06 ·cited 18×·via Writ Of Habeas Corpus
  Jarvis Coleman sought habeas corpus relief claiming manifest injustice stemming from his second-degree murder conviction. The court granted the petition, finding that appellate counsel was ineffective for failing to file a supplemental brief raising the Montgomery decision during
• Shellito v. State
  121 So. 3d 445· Fla.· 2013-07-03 ·cited 18×·via Writ Of Habeas Corpus
  Michael Wayne Shellito was convicted of first-degree murder and sentenced to death. On appeal, the Florida Supreme Court affirmed his conviction but reversed and remanded for a new penalty phase, finding his trial counsel was ineffective for failing to adequately investigate and
• Dill v. State
  79 So. 3d 849· Fla. 5th DCA· 2012-01-27 ·cited 18×·via Writ Of Habeas Corpus
  Appellate counsel was ineffective for failing to seek supplemental briefing on a jury instruction that was later found to be fundamental error.
• K.E. v. Dep't OF Juv. Just.
  963 So. 2d 864· Fla. 1st DCA· 2007-08-14 ·cited 18×·via Writ Of Habeas Corpus
  K.E., a child accused of misdemeanor battery and resisting arrest, challenged her detention in a juvenile delinquency case via habeas corpus. The court granted the petition, finding that the trial judges violated Florida's detention statutes by failing to provide clear and convin
• J.J. v. Fryer
  765 So. 2d 260· Fla. 4th DCA· 2000-08-15 ·cited 18×·via Writ Of Habeas Corpus
  A 13-year-old juvenile petitioner sought habeas corpus relief to challenge a trial court's order placing him in secure detention for 21 days pending adjudication on grand theft auto charges. The court granted the petition, holding that the trial judge violated statutory requireme
• J.M.B. v. State
  750 So. 2d 654· Fla. 2d DCA· 1999-06-25 ·cited 18×·via Writ Of Habeas Corpus
  J.M.B., a juvenile adjudicated delinquent in multiple cases, appealed contesting the voluntariness of his guilty pleas and claiming inadequate plea colloquies. The court held that while the plea colloquies were inadequate, a juvenile cannot challenge plea voluntariness on direct
• Diaz v. Dugger
  719 So. 2d 865· Fla.· 1998-06-11 ·cited 18×·via Writ Of Habeas Corpus
  Angel Diaz appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in a death penalty case, and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denial of relief, finding no merit to Diaz's clai
• Clark v. State
  690 So. 2d 1280· Fla.· 1997-03-27 ·cited 18×·via Writ Of Habeas Corpus
  Larry Clark challenges his 1981 first-degree murder conviction and death sentence in a Rule 3.850 postconviction relief appeal. The Florida Supreme Court affirms the conviction and guilt-phase denial but reverses the death sentence, finding that Clark's trial counsel provided ine
• Henderson v. Singletary
  617 So. 2d 313· Fla.· 1993-04-19 ·cited 18×·via Writ Of Habeas Corpus
  Robert Dale Henderson, a death row inmate under three death sentences, sought a stay of execution and challenged his death sentences through a second Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court rejected all claims as either procedurally barred or harml
• Chichakly v. United States
  926 F.2d 624· 7th Cir.· 1991-02-21 ·cited 18×·via Writ Of Habeas Corpus
  The court held that the defendant's claims of ineffective assistance of counsel and incompetence to plead guilty were without merit, affirming the denial of his habeas corpus petition.
• Levis Leon Aldridge v. Dugger
  925 F.2d 1320· 11th Cir.· 1991-02-20 ·cited 18×
  The court held that the trial court's jury instructions improperly limited the jury's consideration of nonstatutory mitigating circumstances, violating Hitchcock v. Dugger, and that this error was not harmless.
• United States v. Kinsey
  917 F.2d 181· 5th Cir.· 1990-11-01 ·cited 18×·via Habeas Corpus Proceedings
  The court held that a Sixth Amendment ineffective assistance of counsel claim cannot be resolved on direct appeal without a district court record, and that the use of defendant's admissions in sentencing requires factual findings regarding what the government knew prior to the pl
• Sikes v. McMILLIAN
  564 So. 2d 1206· Fla. 1st DCA· 1990-07-25 ·cited 18×·via Writ Of Habeas Corpus
  An appellate court may grant relief via habeas corpus if a petitioner demonstrates that the amount of bail set by the trial court is unreasonable under the circumstances.
• Bolender v. Dugger
  564 So. 2d 1057· Fla.· 1990-05-17 ·cited 18×·via Habeas Corpus Relief
  Bernard Bolender, a death row inmate with a second execution warrant signed, petitioned for habeas corpus relief and appealed the denial of his Rule 3.850 postconviction motion. The Florida Supreme Court denied relief, finding his claims either procedurally barred as relitigation
• Jones v. U.S. Bureau OF Prisons
  903 F.2d 1178· 8th Cir.· 1990-05-17 ·cited 18×·via Writ Of Habeas Corpus
  The court held that it lacks jurisdiction to review the substantive decisions of the Parole Commission to grant or deny parole, and that the petitioner is not entitled to habeas relief because he eventually received a parole hearing, despite the delay.
• Dumond v. A.L. Lockhart
  885 F.2d 419· 8th Cir.· 1989-09-01 ·cited 18×·via Petition For Habeas Corpus Relief
  The court held that a remand is necessary for a hearing on newly discovered genetic evidence, as it may bear on the constitutionality of the detention and potentially lead to acquittal.
• Martinez v. Sullivan
  881 F.2d 921· 10th Cir.· 1989-08-04 ·cited 18×
  The prosecution's failure to utilize the Uniform Act to secure an out-of-state witness, coupled with the witness's history of unreliability, meant the witness was not legally "unavailable" and their prior testimony should not have been admitted, and this error was not harmless.
• Pelmer v. J.D. White
  877 F.2d 1518· 11th Cir.· 1989-07-24 ·cited 18×
  The court held that the petitioner's claims were procedurally barred due to failure to raise them in state court, and his trial counsel's actions did not constitute ineffective assistance excusing the default.
• Kazimierz S. BAL v. A.D. Moyer
  883 F.2d 45· 7th Cir.· 1989-07-19 ·cited 18×·via Writ Of Habeas Corpus
  The court held that the district court did not err in applying the Achacoso-Sanchez standard of review to the denial of a stay of deportation, and that summary judgment was appropriate despite disputed medical evidence.
• Nieto v. Sullivan
  879 F.2d 743· 10th Cir.· 1989-06-26 ·cited 18×
  The court held that the petitioner was not denied a fair trial or a public trial, and affirmed the district court's denial of the writ of habeas corpus.