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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437 F.2d 131·
4th Cir.·
1970-06-04
·cited 18×
The court held that the petitioner was denied his constitutional rights due to an inadequate appellate record and ineffective assistance of counsel.
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The court held that the petitioner was denied effective assistance of counsel when his attorney failed to advise him of his right to appeal, thus entitling him to an out-of-time appeal or retrial.
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422 F.2d 760·
5th Cir.·
1969-12-30
·cited 18×
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418 F.2d 424·
10th Cir.·
1969-11-12
·cited 18×
The court held that the appellant's reprosecution for first-degree murder after her initial conviction for manslaughter was reversed violated the Fifth Amendment's double jeopardy clause, as applied to the states through the Fourteenth Amendment.
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The court held that the district court correctly denied the petition for a writ of habeas corpus, finding no merit in the appellant's claims regarding indictment amendment, unlawful search and seizure, quotient verdict, or failure to instruct on aiding and abetting.
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414 F.2d 552·
3d Cir.·
1969-08-06
·cited 18×
The court held that the district court must determine if all claims were raised in state courts and, if so, conduct evidentiary hearings on exhaustion, relief, and waiver of confession challenge.
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The court held that the district court did not err in dismissing the habeas corpus application without prejudice for failure to exhaust administrative remedies, but that the district court should have held the proceeding in abeyance rather than dismissing it.
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409 F.2d 95·
6th Cir.·
1969-04-07
·cited 18×
The court held that the prosecutor's use of a co-defendant's confession, despite cautionary instructions, violated the appellant's due process rights by denying him a fair trial.
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404 F.2d 1074·
9th Cir.·
1968-12-26
·cited 18×
The court held that the district court erred in denying habeas relief for the May 15, 1964 conviction without an evidentiary hearing, as a factual dispute existed regarding consent to a search. The denial of relief for the June 29, 1964 conviction was affirmed.
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A state prisoner is entitled to a federal habeas corpus hearing if the state's fact-finding procedure was inadequate, and the federal court should grant a plenary hearing on claims of mental incompetency and plea involuntariness, potentially requiring appointment of counsel.
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385 F.2d 995·
6th Cir.·
1967-11-28
·cited 18×
The court held that a voluntary guilty plea entered with the advice of competent counsel waives all non-jurisdictional defects, and the appellant's claims did not demonstrate a miscarriage of justice.
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378 F.2d 144·
9th Cir.·
1967-04-11
·cited 18×
The court held that the petitioner's allegations, even if proven, did not establish a violation of federal constitutional rights sufficient to warrant a federal hearing on his habeas corpus petition.
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375 F.2d 584·
1st Cir.·
1967-04-05
·cited 18×
The court held that the petitioner waived his right to poll the jury by failing to request it, and this right is not of constitutional stature such that its denial constitutes a due process violation.
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373 F.2d 839·
9th Cir.·
1967-01-25
·cited 18×
The court held that the Mapp rule regarding exclusion of illegally seized evidence applies to cases not yet final when Mapp was decided, and that an indigent defendant is entitled to effective assistance of counsel on appeal, even if counsel believes the appeal is frivolous.
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The court held that incriminating statements made to a cellmate, who was not a government agent and was not interrogating the defendant, are admissible even if made after indictment and retention of counsel.
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367 F.2d 913·
5th Cir.·
1966-10-12
·cited 18×
The court held that the circumstances presented by the applicant were sufficient to shift the burden to the respondent to introduce countervailing evidence regarding the effectiveness of counsel and the admissibility of evidence.
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366 F.2d 611·
9th Cir.·
1966-09-12
·cited 18×
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A federal prisoner's petition for a writ of habeas corpus can be dismissed without a hearing if the records and files conclusively show the petitioner is entitled to no relief.
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344 F.2d 625·
2d Cir.·
1965-04-05
·cited 18×
The court held that the state's refusal to disclose the informer's identity did not deprive the defendant of his Fourteenth Amendment right to a fair hearing on probable cause, as the overheard telephone conversation was sufficiently corroborated and the state's interest in prote
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341 F.2d 777·
5th Cir.·
1965-02-16
·cited 18×
The court held that a waiver of the right to counsel at trial does not retroactively waive the constitutional right to counsel at arraignment, even if the arraignment occurred before the waiver.
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Davis appealed his conviction for breaking and entering with intent to commit a misdemeanor, claiming his constitutional rights were violated in his second trial after his initial conviction was vacated. The court affirmed his conviction, rejecting his arguments that he lacked gr
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The court held that a motion under 28 U.S.C.A. § 2255 cannot be used to question the actions of the Board of Parole regarding sentence execution, and habeas corpus was unavailable due to venue.
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308 F.2d 674·
5th Cir.·
1962-08-31
·cited 18×
The court concurred in the result, finding that state remedies were adequate and federal review of state convictions should be limited.
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301 F.2d 875·
4th Cir.·
1962-03-29
·cited 18×
The District Court erred in denying the petition as repetitive without considering the merits, as the petitioner's claim of unconstitutional denial of counsel was substantial and had never been adjudicated on its merits.
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A federal sentence does not begin to run until the prisoner is received at a place of detention to await transportation for service of the sentence, and a sentencing judge's recommendation for concurrent state confinement is not binding.
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The court held that a district court is not required to hold a hearing or examine the state court record if the allegations of fact in a habeas corpus application, even if true, would not entitle the applicant to relief.
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245 F.2d 154·
9th Cir.·
1957-05-03
·cited 18×
The court found no constitutional rights of the defendants were violated and that the trial was fair and impartial.
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A prisoner conditionally released under 18 U.S.C. § 4164 must serve the remainder of their original sentence upon violation of release conditions, even if they protested the conditions, and is not entitled to credit for time spent on parole.
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The court held that a motion to vacate a sentence under 28 U.S.C.A. § 2255 is a collateral attack, and objections to the indictment's sufficiency, if not raised at trial or on direct appeal, are waived unless the indictment is fundamentally defective.
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The court held that the trial court's order granting a rehearing was void because it was not made within the time prescribed by Rule 59(d) for sua sponte action, and thus the original order discharging the petitioner was reinstated.
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170 F.2d 627·
4th Cir.·
1948-11-08
·cited 18×
The court held that the petitioner failed to prove denial of federal constitutional rights, and her waiver of counsel and guilty plea were voluntary and intelligent.
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147 F.2d 705·
D.C. Cir.·
1945-02-20
·cited 18×
The court held that while habeas corpus is available to challenge confinement, it is not the proper procedure to determine the merits of sanity or insanity; instead, it can lead to a conditional discharge pending a proper re-examination.
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The court held that an erroneous recital of a guilty plea, when a nolo contendere plea was entered, is not a fundamental error voiding the judgment and sentence, and the sufficiency of the indictment is not challengeable on habeas corpus.
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A federal court cannot grant a writ of habeas corpus to review alleged errors of law by a state trial court if that court had jurisdiction, and if the petitioner has not exhausted available state remedies.
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The court held that a federal sentence to begin after a state sentence is not void for uncertainty, and the sentence did not begin to run until the appellant was received at the penitentiary.
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The Supreme Court of Florida reviewed a lower court's decision to grant a mother custody of her child via habeas corpus. The court reversed the decision, finding that the mother's return did not overcome the father's claim to custody based on a prior divorce decree.
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The trial court properly dismissed the habeas corpus petition.
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Jason Walton appeals the denial of his successive postconviction motion seeking to vacate his death sentences for three murders committed during a robbery and burglary. The Florida Supreme Court affirms the denial, rejecting Walton's arguments that changes in capital sentencing l
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Harrel Braddy, sentenced to death for kidnapping, murder, and other crimes, appeals the denial of postconviction relief. The Florida Supreme Court affirmed the denial of a new guilt phase trial but vacated the death sentence and granted a new penalty phase based on Hurst v. Flori
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Charles Anderson challenges his 1999 conviction for first-degree murder and death sentence in a capital case. The Florida Supreme Court affirms the conviction but vacates the death sentence based on Hurst v. Florida, requiring a new penalty phase with a unanimous jury recommendat
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McGirth was convicted of first-degree murder and sentenced to death. On postconviction appeal, the Florida Supreme Court affirmed the denial of his Rule 3.851 motion but granted his habeas corpus petition, vacating his death sentence and remanding for a new penalty phase proceedi
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Kenneth Dessaure appeals the trial court's denial of his post-conviction relief motion and habeas petition following his conviction for first-degree murder and death sentence in the 1999 killing of Cindy Riedweg. The Florida Supreme Court affirms, rejecting claims that trial coun
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A Florida inmate filed a habeas corpus petition alleging he was entitled to immediate release based on improper sentencing credit calculations. The trial court summarily dismissed the petition without notice or response from the Department of Corrections, citing failure to exhaus
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J.D., a juvenile, appealed his indirect contempt conviction and the imposition of consecutive fifteen-day secure detention sentences for multiple violations of a behavior order. The Fifth District reversed, holding that section 985.216, Florida Statutes prohibits stacking consecu
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Manuel Pardo Jr., convicted of nine murders and sentenced to death, appealed the denial of postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habeas petition, holding that Pardo failed to d
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The court held that a petition for writ of habeas corpus could be granted to provide relief for fundamentally erroneous jury instructions, even after the term of court expired, to maintain uniformity of decisions.
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747 So. 2d 386·
Fla.·
2000-01-20
·cited 17×
The Florida Supreme Court imposed sanctions on Anthony R. Martin, a notoriously abusive pro se litigant, by denying him indigency status and requiring filing fees for future civil petitions. The Court found Martin's decades-long pattern of filing frivolous, malicious, and persona
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The court quashed a summary denial of habeas corpus relief and remanded for further proceedings, holding that a prisoner's allegations were sufficient to make a prima facie showing of exhaustion of administrative remedies required for judicial review of prison disciplinary procee
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Two inmates challenged the retrospective application of amendments to Florida's Control Release prison overcrowding program, which ultimately voided their established control release dates. The Florida Supreme Court held that the amendments did not violate ex post facto principle