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

• Scott v. State
  657 So. 2d 1129· Fla.· 1995-03-16 ·cited 17×·via Writ Of Habeas Corpus
  Paul Scott, convicted and sentenced to death for a 1978 murder, appeals the denial of his third Rule 3.850 motion, claiming Brady violations based on newly discovered evidence suggesting his co-defendant Kondian, not Scott, committed the murder. The Florida Supreme Court reverses
• Romero v. State
  637 So. 2d 7· Fla. 4th DCA· 1994-05-04 ·cited 17×·via Writ Of Habeas Corpus
  In this case, the Fourth District Court of Appeal addressed a situation where two co-defendants tried together received disparate treatment on appeal—Romero's conviction was affirmed while his co-defendant Gonzalez's conviction was later reversed for the same error. The court gra
• Sonny Boy Oats v. Dugger
  638 So. 2d 20· Fla.· 1994-03-31 ·cited 17×·via Writ Of Habeas Corpus
  The court held that the prisoner's claims were procedurally barred as they could have been raised on direct appeal or were not preserved, and affirmed the denial of postconviction relief and denied the habeas petition.
• Agan v. Singletary
  12 F.3d 1012· 11th Cir.· 1994-01-11 ·cited 17×·via Habeas Corpus Relief
  James Agan was convicted of murdering fellow inmate Dana DeWitt and sentenced to death after pleading guilty. The Eleventh Circuit affirmed the District Court's grant of habeas corpus relief, holding that Agan's trial counsel provided ineffective assistance under Strickland v. Wa
• Wells v. State
  598 So. 2d 259· Fla. 1st DCA· 1992-05-11 ·cited 17×·via Writ Of Habeas Corpus
  Billy Joseph Wells challenged the summary denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel. The court affirmed the denial of other grounds but reversed the summary denial of the ineffective assistance of trial counsel claim, finding the trial
• Jang Han BAE v. Peters
  950 F.2d 469· 7th Cir.· 1991-12-09 ·cited 17×
  The court held that the district court correctly denied Bae's habeas corpus petition, affirming the state court's admission of his confession and rejection of his ineffective assistance of counsel claims.
• Stano v. Dugger
  921 F.2d 1125· 11th Cir.· 1991-01-02 ·cited 17×
  Gerald Eugene Stano appealed the denial of his federal habeas corpus petition challenging his death sentences for two murders, raising claims of self-representation and ineffective assistance of counsel under the Sixth Amendment. The Eleventh Circuit en banc held that Stano's gui
• Norris v. Risley
  918 F.2d 828· 9th Cir.· 1990-11-08 ·cited 17×
  The presence of spectators wearing buttons that conveyed an implied message of guilt, without being subject to confrontation or cross-examination, created an unacceptable risk of prejudice, thus denying the defendant a fair trial.
• Bassette v. Thompson
  915 F.2d 932· 4th Cir.· 1990-10-05 ·cited 17×
  The court held that most of the petitioner's claims were procedurally barred under Teague v. Lane and state law, and the remaining claims lacked merit.
• Collier v. Jones
  910 F.2d 770· 11th Cir.· 1990-09-06 ·cited 17×·via Writ Of Habeas Corpus
  The court held that the petitioner's claims of perjury and racial discrimination in jury selection were procedurally defaulted, and his ineffective assistance of counsel claim was without merit.
• Falconer v. Lane
  905 F.2d 1129· 7th Cir.· 1990-06-29 ·cited 17×
  The court held that the jury instructions given at trial were constitutionally inadequate under the Fourteenth Amendment's Due Process Clause because they allowed the jury to return a murder verdict even if findings supported voluntary manslaughter.
• Nixon v. Lanson Newsome
  888 F.2d 112· 11th Cir.· 1989-11-14 ·cited 17×
  The court held that the petitioner received constitutionally ineffective assistance of counsel because his trial attorney failed to impeach the key eyewitness with her prior inconsistent testimony, and this failure likely affected the outcome of the trial.
• Deutscher v. Harol Whitley
  884 F.2d 1152· 9th Cir.· 1989-08-31 ·cited 17×
  The court held that the district court erred in dismissing the habeas corpus petition and that the petitioner was deprived of effective assistance of counsel due to counsel's failure to investigate and present mitigating evidence at the penalty phase.
• Hardin v. Black
  845 F.2d 953· 11th Cir.· 1988-05-23 ·cited 17×
  The court held that the district court erred in applying a procedural bar to seventeen claims, which must be reconsidered on the merits, and affirmed the denial of other claims.
• Siciliano v. Vose
  834 F.2d 29· 1st Cir.· 1987-12-03 ·cited 17×
  The court held that a criminal defendant's right to testify does not require the trial judge to explicitly address the defendant and secure a waiver, nor does an attorney's alleged prevention of testimony warrant a hearing without specific factual allegations.
• Davis v. Dugger
  829 F.2d 1513· 11th Cir.· 1987-09-28 ·cited 17×
  The court held that the petitioner was not guilty of deliberate delay that would support dismissal under Rule 9(a), and exhaustion of state remedies was achieved before final action by the district court.
• Mullen v. Blackburn
  808 F.2d 1143· 5th Cir.· 1987-02-05 ·cited 17×
  The court held that none of the appellant's claims, individually or collectively, presented a constitutional violation warranting habeas relief.
• Heath v. United States Parole Comm'n & Robert Henderson
  788 F.2d 85· 2d Cir.· 1986-04-15 ·cited 17×
  The court held that the Parole Commission's procedures were not untimely and that any potential delay did not warrant habeas relief absent prejudice or bad faith. The court also denied the request for assigned counsel.
• In re Demjanjuk v. Honorable Edwin Meese
  784 F.2d 1114· D.C. Cir.· 1986-02-27 ·cited 17×·via Writ Of Habeas Corpus
  The court held that the petitioner was not entitled to a writ of habeas corpus, a hearing, or a stay of extradition because the Genocide Convention had not yet taken effect and was irrelevant to the extradition charges, which were for murder, not genocide.
• United States v. Cochran
  770 F.2d 850· 9th Cir.· 1985-09-06 ·cited 17×·via Habeas Corpus Proceedings
  The court held that a district court's failure to conduct a colloquy with a defendant before accepting a written jury trial waiver does not automatically constitute reversible error.
• Berry v. King
  765 F.2d 451· 5th Cir.· 1985-07-01 ·cited 17×
  The court held that the defendant failed to demonstrate prejudice from his counsel's alleged deficient performance and that the exclusion of jurors opposed to the death penalty from the guilt phase of a capital trial does not violate the Sixth Amendment, affirming the denial of h
• Warner v. Ford
  752 F.2d 622· 11th Cir.· 1985-02-08 ·cited 17×
  The court held that the defendant's counsel's "silent strategy" at trial, while unusual, was a reasonable trial tactic given the overwhelming evidence and codefendants' defenses, and thus did not constitute ineffective assistance of counsel without a showing of prejudice.
• Kermit George Hilliard v. Spalding
  719 F.2d 1443· 9th Cir.· 1983-11-08 ·cited 17×
  Failure to disclose information already known to the defense at trial does not constitute reversible error, and a remand for further discovery is unnecessary.
• Hall v. State OF Iowa & Attorney Gen. of Iowa
  705 F.2d 283· 8th Cir.· 1983-04-15 ·cited 17×
  The court held that while the state violated an agreement with counsel by seeking consent to search, this did not violate the Sixth Amendment because the evidence would have been obtained lawfully through other means or the error was harmless.
• Doyle v. Elsea
  658 F.2d 512· 7th Cir.· 1981-08-31 ·cited 17×
  The court held that a parole violator is not entitled to credit for pretrial custody on a consecutive violator term if that credit has already been applied to the sentence for the offense that led to the parole violation. The court also held that the Parole Commission did not vio
• Grace v. Butterworth
  635 F.2d 1· 1st Cir.· 1980-06-27 ·cited 17×
  The court affirmed the denial of habeas corpus, holding that the appellants' claims regarding jury instructions were procedurally defaulted or did not rise to the level of constitutional error.
• Harris v. Spears
  606 F.2d 639· 5th Cir.· 1979-11-16 ·cited 17×
  The court held that the district court correctly granted the writ of habeas corpus, finding that the defendant's procedural defaults were excused by cause and prejudice, and not a deliberate bypass of state procedures.
• Stevens v. Mun. Court FOR the SAN Jose-Milpitas Jud. Dist.
  603 F.2d 111· 9th Cir.· 1979-08-29 ·cited 17×
  The court held that the common benefit exception does not apply to award counsel fees when the beneficiaries are not easily identifiable and costs cannot be shifted with exactitude.
• Baker v. Louie L. Wainwright
  527 F.2d 372· 5th Cir.· 1976-02-23 ·cited 17×
  The court held that the parole revocation procedures violated the parolee's due process rights by denying him the assistance of retained counsel and the opportunity to cross-examine a key witness.
• Marion v. Beto
  434 F.2d 29· 5th Cir.· 1970-11-06 ·cited 17×
• Gamez v. Beto
  406 F.2d 1000· 5th Cir.· 1969-01-30 ·cited 17×·via Writ Of Habeas Corpus
  The court held that the district court's denial of the writ of habeas corpus was correct, as the appellant's claims did not rise to the level of constitutional violations.
• Zuniga v. State
  184 So. 2d 659· Fla. 1st DCA· 1966-03-31 ·cited 17×·via Writ Of Habeas Corpus
  The appellate court affirmed the denial of the petition for a writ of habeas corpus, finding that the grounds for relief were not properly raised through habeas corpus.
• Whitney v. Cochran
  152 So. 2d 727· Fla.· 1963-04-19 ·cited 17×·via Writ Of Habeas Corpus
  Dennis Whitney, a 17-year-old sentenced to death for first-degree murder, petitioned for habeas corpus claiming his conviction was tainted by denial of due process. The Florida Supreme Court upheld his conviction, rejecting arguments that his stipulation to facts was coercive, th
• Child v. Louie L. Wainwright
  148 So. 2d 526· Fla.· 1963-01-07 ·cited 17×·via Writ Of Habeas Corpus
  The court held that factual disputes regarding the petitioner's sanity and the effectiveness of his counsel could not be resolved on the current record and required further evidentiary proceedings.
• Keila Rosa Camarena v. Director, Immigration and Customs Enforcement
  988 F.3d 1268· 11th Cir.· 2021-02-18 ·cited 16×
  Federal courts lack jurisdiction under 8 U.S.C. § 1252(g) to hear claims by aliens challenging the execution of their removal orders, even if framed as challenges to the government's authority.
• Smith v. Comm'r, Ala. Dep't OF Corr.
  924 F.3d 1330· 11th Cir.· 2019-05-22 ·cited 16×
  The Eleventh Circuit affirmed the district court's denial of habeas relief, holding that the Supreme Court's decision in Moore v. Texas is not retroactive and that the Alabama state courts reasonably applied Atkins v. Virginia in evaluating the petitioner's intellectual disabilit
• Viron Paul v. State
  183 So. 3d 1154· Fla. 5th DCA· 2015-12-31 ·cited 16×·via Writ Of Habeas Corpus
  Virón Paul appeals the summary denial of his Rule 3.850 postconviction motion, arguing ineffective assistance of trial counsel for failing to object to a fundamentally erroneous jury instruction on manslaughter by intentional act. The court reverses and remands for a new trial, f
• Ponton v. Warden John Willis
  172 So. 3d 574· Fla. 1st DCA· 2015-08-27 ·cited 16×
  The court affirmed the summary denial of the habeas petition, finding the claim frivolous and the appeal equally so.
• Morel v. Wilkins
  84 So. 3d 226· Fla.· 2012-03-08 ·cited 16×
  Ronald Morel, detained for nearly a decade pending a civil commitment trial under Florida's Jimmy Ryce Act for sexually violent predators, sought habeas relief claiming unconstitutional denial of treatment and indefinite pretrial detention. The Florida Supreme Court affirmed the
• Jones v. State
  35 So. 3d 146· Fla. 3d DCA· 2010-05-26 ·cited 16×
• Pressly v. Tadlock
  968 So. 2d 1057· Fla. 2d DCA· 2007-12-05 ·cited 16×·via Writ Of Habeas Corpus
  The circuit court properly denied the petition for writ of habeas corpus because the Department of Corrections' calculation of the release date was not illegal, and any sentencing error must be addressed in the sentencing court.
• Lenard James Philmore v. State
  937 So. 2d 578· Fla.· 2006-06-15 ·cited 16×·via Writ Of Habeas Corpus
  Lenard James Philmore, convicted of murdering Kazue Perron during a bank robbery, appeals a circuit court order denying post-conviction relief under Rule 3.851 and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's rejection of Philmore's i
• Lloyd v. Crosby
  917 So. 2d 988· Fla. 3d DCA· 2005-12-28 ·cited 16×·via Writ Of Habeas Corpus
  Douglas Lloyd, a co-defendant with Gregory Dorsett, sought habeas corpus relief based on a jury instruction error involving an ambiguous 'and/or' conjunction in robbery and false imprisonment charges. Although the court had found fundamental error in Dorsett's case, it denied Llo
• Cook v. Crosby
  914 So. 2d 490· Fla. 1st DCA· 2005-11-07 ·cited 16×·via Writ Of Habeas Corpus
• State v. Davis
  872 So. 2d 250· Fla.· 2004-02-19 ·cited 16×·via Writ Of Habeas Corpus
  Florida's Supreme Court reversed a capital murder conviction and death sentence, holding that trial counsel's blatant expressions of racial prejudice during jury selection—admitting he sometimes hated black people "just because they're black"—constituted ineffective assistance of
• Greenberg v. Miami Child's. Hosp. Res. Inst., Inc.
  264 F. Supp. 2d 1064· S.D. Fla.· 2003-05-29 ·cited 16×·via Writ Of Habeas Corpus
  The court held that while unjust enrichment claims may proceed, claims for lack of informed consent, breach of fiduciary duty, fraudulent concealment, and conversion fail for insufficient pleading.
• Comer v. Moore
  817 So. 2d 784· Fla.· 2002-03-14 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the 85% minimum sentence service provision enacted by Chapter 95-294 is valid and not invalidated by prior court decisions finding other legislative acts unconstitutional under the single subject rule.
• Krasnick v. State
  780 So. 2d 1045· Fla. 4th DCA· 2001-04-04 ·cited 16×·via Writ Of Habeas Corpus
  Carmen Krasnick appealed the denial of her habeas corpus petition seeking to file a belated postconviction motion based on her attorney's failure to timely file. The court reversed, holding that absent Supreme Court precedent imposing automatic time limits, and given that laches
• Cabberiza v. Moore
  217 F.3d 1329· 11th Cir.· 2000-07-11 ·cited 16×
  David Cabberiza was indicted for first-degree murder and entitled to a twelve-person jury under Florida law, but his attorney agreed to a six-person jury without an on-the-record waiver. The Eleventh Circuit affirmed the district court's denial of habeas corpus relief, holding th
• Pilchak v. Camper
  935 F.2d 145· 8th Cir.· 1991-06-04 ·cited 16×·via Habeas Corpus Relief
  The court affirmed the district court's grant of habeas corpus, finding that the defendant's life sentence was a fundamentally unjust incarceration due to constitutional violations, allowing an exception to the cause-prejudice rule.