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

• United States ex rel. McKENZIE v. Savoretti
  200 F.2d 546· 5th Cir.· 1952-12-10 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the hearing officer's failure to advise the appellant of his right to apply for voluntary departure was not an abuse of discretion, and the appellant's prior convictions for forgery, larceny, and uttering involved moral turpitude, thus barring voluntary depart
• Baker v. Ellis
  194 F.2d 865· 5th Cir.· 1952-03-18 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the petitioner must have an opportunity to develop a record to determine his rights.
• Fouquette v. Bernard
  198 F.2d 96· 9th Cir.· 1952-02-29 ·cited 16×·via Application For Writ Of Habeas Corpus
  The court held that the record presented a substantial question warranting a certificate of probable cause and a stay of execution, indicating a potential due process violation.
• Hallowell v. Hunter
  186 F.2d 873· 10th Cir.· 1951-01-26 ·cited 16×·via Application For Writ Of Habeas Corpus
  An application for a writ of habeas corpus on grounds of lack of counsel or mental incompetency to waive counsel will not be entertained if the sentencing court denied relief under § 2255 and the applicant fails to allege facts showing the § 2255 remedy is inadequate.
• Application of Murra
  166 F.2d 605· 7th Cir.· 1948-02-11 ·cited 16×·via Habeas Corpus Proceedings
  The court held that Rule 52 of the Federal Rules of Civil Procedure, requiring findings of fact and conclusions of law, is applicable to naturalization proceedings heard in open court.
• Price v. Johnston
  144 F.2d 260· 9th Cir.· 1944-08-03 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the appellant was not denied the effective assistance of counsel at trial, as he was represented by counsel of his choice throughout the proceedings.
• United States ex rel. Potts v. Rabb
  141 F.2d 45· 3d Cir.· 1944-02-14 ·cited 16×·via Writ Of Habeas Corpus
  The appeal is moot because the appellant was arrested and then admitted to bail, rendering the issue of custody for habeas corpus purposes academic. Furthermore, habeas corpus is not the proper vehicle to challenge the sufficiency of evidence presented to a grand jury.
• Rogoway v. Warden, United States Penitentiary, McNeil Island, Wash
  122 F.2d 967· 9th Cir.· 1941-10-20 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the parole board had jurisdiction to revoke parole because the sentence had not expired, and the time spent on parole did not count towards the sentence if parole was violated.
• Ex Parte: Jan I. Fortune
  126 Fla. 539· Fla.· 1936-12-16 ·cited 16×·via Writ Of Habeas Corpus
  This case concerns a writ of habeas corpus filed by Mrs. Jan I. Fortune, who was arrested on a criminal warrant for reckless driving. The court discharged her from custody, finding a lack of probable cause for the charge based on the evidence presented.
• Crooms v. Schad
  51 Fla. 168· Fla.· 1906-01-01 ·cited 16×·via Writ Of Habeas Corpus
  This case reviews a lower court's denial of a habeas corpus petition. The court affirmed the denial, holding that a city ordinance requiring racial segregation on streetcars was valid, including an exception for nurses caring for children or invalids of another race.
• Truehill v. State of Fla. & Quentin Marcus Truehill v. Ricky D. Dixon
  358 So. 3d 1167· Fla.· 2022-09-29 ·cited 15×·via Writ Of Habeas Corpus
  Quentin Marcus Truehill was convicted of first-degree murder and kidnapping in connection with the brutal killing of Vincent Binder during a crime spree and sentenced to death. The Florida Supreme Court affirmed the trial court's denial of Truehill's postconviction motion raising
• Bevel v. State
  221 So. 3d 1168· Fla.· 2017-06-15 ·cited 15×
  Thomas Bevel, a death-sentenced inmate, appealed the denial of his motion for postconviction relief raising claims of ineffective assistance of penalty phase counsel. The Florida Supreme Court vacated his death sentences and remanded for a new penalty phase, finding that his pena
• Merck v. State
  124 So. 3d 785· Fla.· 2013-01-24 ·cited 15×·via Writ Of Habeas Corpus
  Troy Merck, Jr. appeals the denial of his Rule 3.851 postconviction motion challenging his death sentence for a 1991 murder. The Florida Supreme Court affirmed the denial of Merck's ineffective assistance of counsel claims and habeas petition, finding no deficiency in counsel's p
• Buzia v. State
  82 So. 3d 784· Fla.· 2011-12-08 ·cited 15×·via Writ Of Habeas Corpus
  John M. Buzia, a death-row prisoner, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the postconviction court's denials, finding no in
• Hardenbrook v. State
  953 So. 2d 717· Fla. 1st DCA· 2007-04-09 ·cited 15×·via Writ Of Habeas Corpus
  The court held that a defendant is not entitled to jail credit on multiple sentences for the same jail time unless the sentences are concurrent.
• Davis v. State
  928 So. 2d 442· Fla. 5th DCA· 2006-04-28 ·cited 15×·via Writ Of Habeas Corpus
  Alan Wayne Davis petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel following his conviction for illegal dumping of litter and maintenance of public nuisances. The Florida Fifth District Court of Appeal denied the petition, finding that Da
• D.B. v. State
  848 So. 2d 1219· Fla. 3d DCA· 2003-07-07 ·cited 15×·via Writ Of Habeas Corpus
• Donovan v. State
  773 So. 2d 1264· Fla. 5th DCA· 2000-12-22 ·cited 15×·via Writ Of Habeas Corpus
  Michael Donovan petitioned for a writ of habeas corpus seeking a belated appeal of a trial court's denial of his Rule 3.850 motion to vacate his 1995 nolo contendere plea for sexual battery. The court granted the belated appeal but affirmed the trial court's denial on the merits,
• State v. McArthur Breedlove
  655 So. 2d 74· Fla.· 1995-04-06 ·cited 15×
  The Florida Supreme Court reversed an order vacating Breedlove's death sentence, holding that although the jury instruction on the heinous, atrocious, or cruel aggravator was unconstitutional under Espinosa v. Florida, the error was harmless because the evidence overwhelmingly es
• Harrison Fagan v. Odie Washington
  942 F.2d 1155· 7th Cir.· 1991-09-05 ·cited 15×
  The court held that the evidence was constitutionally insufficient to support Fagan's murder conviction under the Illinois accountability statute, entitling him to release.
• Lesko v. Lehman
  925 F.2d 1527· 3d Cir.· 1991-02-11 ·cited 15×
  The court held that the district court erred in failing to hold an evidentiary hearing on Lesko's claim that his guilty plea was used in violation of due process, and that prosecutorial comments tainted the jury's sentencing determination.
• United States v. Huch
  924 F.2d 679· 7th Cir.· 1991-02-05 ·cited 15×
  The court held that the jury instructions used at trial violated due process by potentially misleading the jury into convicting the defendant of murder even if mitigating circumstances for voluntary manslaughter were present.
• Battle v. Thomas
  923 F.2d 165· 11th Cir.· 1991-02-01 ·cited 15×
  A habeas petitioner currently incarcerated on an enhanced sentence may challenge the prior conviction used for enhancement, even if the prior sentence has expired.
• Hill v. Dugger
  556 So. 2d 1385· Fla.· 1990-01-26 ·cited 15×·via Writ Of Habeas Corpus
  Clarence Hill appeals denial of post-conviction relief and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of the motion for post-conviction relief and denies habeas corpus relief, vacating a temporary stay of execu
• Jessup v. United States Parole Comm'n
  889 F.2d 831· 9th Cir.· 1989-11-13 ·cited 15×
  The court held that the Parole Commission's failure to notify a parolee of the potential forfeiture of street time violated due process, and that while the parolee did not waive his claim due to delay, the proper remedy was a rehearing, not immediate credit for street time.
• Landano v. Rafferty
  856 F.2d 569· 3d Cir.· 1988-09-09 ·cited 15×
  The court held that the district court properly denied the habeas corpus petition, finding no constitutional error in the trial court's admission of identification testimony, the prosecution's disclosure practices, or the supplemental jury charge.
• Martin v. Dugger
  686 F. Supp. 1523· S.D. Fla.· 1988-06-01 ·cited 15×
  The court denies the writ of habeas corpus for claims I, III, and IV, finding them procedurally barred or without merit, but orders an evidentiary hearing for claim II regarding competency to be executed.
• Strenten Vujosevic v. Rafferty
  844 F.2d 1023· 3d Cir.· 1988-04-18 ·cited 15×
  The court held that the trial court's refusal to instruct the jury on the lesser included offense of aggravated assault was prejudicial constitutional error, and that the defendant's confession was obtained in violation of his right to remain silent.
• Parks v. Brown
  840 F.2d 1496· 10th Cir.· 1988-03-01 ·cited 15×
  The court held that the defendant was not entitled to a second-degree murder instruction because the evidence, even when viewed in its entirety, did not rationally permit a jury to find him guilty of the lesser offense while acquitting him of the greater.
• Ford v. State
  522 So. 2d 345· Fla.· 1988-02-18 ·cited 15×·via Writ Of Habeas Corpus
  The application of the California Arbitration Act's provision allowing a court to stay arbitration pending resolution of related litigation is not pre-empted by the Federal Arbitration Act when parties have agreed that their arbitration agreement will be governed by California la
• Phillips v. Dugger
  515 So. 2d 227· Fla.· 1987-11-19 ·cited 15×·via Writ Of Habeas Corpus
  Harry Phillips, a death row inmate, filed a habeas corpus petition challenging his death sentence on Eighth Amendment grounds, arguing that prosecutor and judge comments suggesting the jury's sentencing role was advisory diminished the jury's sense of responsibility. The Florida
• Sturgis v. Goldsmith
  796 F.2d 1103· 9th Cir.· 1986-08-11 ·cited 15×
  A defendant does not have a constitutional right to be present at a competency hearing, as it is a preliminary proceeding and not a critical stage of trial.
• Elwood C. Barclay v. State
  470 So. 2d 691· Fla.· 1985-05-30 ·cited 15×
  The Florida Supreme Court affirmed Barclay's first-degree murder conviction but vacated his death sentence, holding that the trial court improperly overrode the jury's life imprisonment recommendation because several of the aggravating circumstances were not adequately supported
• Velarde v. Shulsen
  757 F.2d 1093· 10th Cir.· 1985-03-22 ·cited 15×
  The court held that prosecutorial cross-examination and argument regarding a defendant's post-arrest silence, when not used for impeachment of prior inconsistent statements, violates due process and is not harmless error in a case hinging on the defendant's credibility.
• United States v. Brown
  753 F.2d 455· 5th Cir.· 1985-02-21 ·cited 15×
  The court held that the district court lacked jurisdiction to entertain the prisoner's motion for presentence credit, vacating the judgment and remanding for dismissal.
• Wiggins v. Estelle
  681 F.2d 266· 5th Cir.· 1982-07-26 ·cited 15×·via Writ Of Habeas Corpus
  A defendant's Sixth Amendment right to self-representation can be violated by the unsolicited and overzealous participation of court-appointed standby counsel, even if the right to self-representation was initially granted.
• In re Louie L. Wainwright
  678 F.2d 951· 11th Cir.· 1982-06-14 ·cited 15×·via Habeas Corpus Proceedings
  The court held that a writ of prohibition is not warranted to prevent a district court from conducting an evidentiary hearing in a habeas corpus proceeding.
• LaBRUNA v. Marshal
  665 F.2d 439· 2d Cir.· 1981-11-25 ·cited 15×
  The court held that further state exhaustion proceedings would be futile, allowing federal habeas review despite the petitioner not presenting the federal constitutional claim to state courts.
• Krische v. Smith
  662 F.2d 177· 2d Cir.· 1981-11-04 ·cited 15×
  The court held that the state trial judge's ex parte communication with the jury, instructing them to continue deliberations without notice to the defendant or counsel, constituted a violation of the defendant's due process right to be present, and this error was not harmless.
• Daye v. Attorney Gen. OF the State OF NEW York & Eugene S. LeFevre
  663 F.2d 1155· 2d Cir.· 1981-10-28 ·cited 15×
  The court should dismiss the petition on the merits, as the petitioner was not deprived of a fair trial in violation of constitutional amendments.
• Arnold v. Marshall
  657 F.2d 83· 6th Cir.· 1981-08-05 ·cited 15×
  The court held that a petitioner must demonstrate diligence in filing a habeas petition to overcome prejudice to the state caused by delay, and that the petitioner here failed to do so.
• Walker v. Butterworth
  599 F.2d 1074· 1st Cir.· 1979-06-07 ·cited 15×
  The court held that requiring a defendant to personally exercise peremptory challenges, when sanity is the sole issue and the prosecutor uses this as evidence of sanity, violates the Fifth Amendment privilege against self-incrimination.
• United States ex rel. Eddie Allen v. Rowe
  591 F.2d 391· 7th Cir.· 1979-01-08 ·cited 15×
  A prosecutor's cross-examination and closing argument comments on a defendant's silence during police custody, even before Miranda warnings, violate the Fifth and Fourteenth Amendments and are not harmless error.
• Ashe v. State OF N.C.
  586 F.2d 334· 4th Cir.· 1978-11-17 ·cited 15×
  The court held that the affirmative denial of a defendant's request to speak at sentencing constitutes a denial of due process, requiring a remand for an evidentiary hearing.
• Sandstrom v. State
  336 So. 2d 572· Fla.· 1976-06-30 ·cited 15×·via Writ Of Habeas Corpus
  The district courts erred in affirming the contempt convictions because the underlying orders requiring attorneys to wear neckties were void. While trial courts have the inherent power to regulate courtroom attire to maintain dignity, this power is not unlimited and requires a fa
• Loftis v. Estelle
  515 F.2d 872· 5th Cir.· 1975-07-09 ·cited 15×
  The court should remand for an evidentiary hearing on the issue of effective assistance of counsel.
• Application of Robert L. Bell v. State OF Kan.
  452 F.2d 783· 10th Cir.· 1971-12-09 ·cited 15×
  The dissenting judge would have granted relief, finding the defendant was twice prosecuted for the same substantive crime.
• United States ex rel. Louis E. Bennett v. Myers
  381 F.2d 814· 3d Cir.· 1967-07-27 ·cited 15×
  The court held that the relator's claims regarding police lineups and judicial disqualification were without merit, and the trial judge's interjection did not deny a fair trial.
• United States ex rel. Peters v. Ragen
  178 F.2d 377· 7th Cir.· 1949-12-02 ·cited 15×·via Application For Writ Of Habeas Corpus
  The court held that federal courts must require exhaustion of newly available state remedies before entertaining habeas corpus petitions, even if the new remedy was enacted after the lower court's decision.
• United States ex rel. Ling YEE Suey v. Spar
  149 F.2d 881· 2d Cir.· 1945-06-08 ·cited 15×·via Writ Of Habeas Corpus
  The court held that aliens deportable under immigration laws can be deported to a country other than their native land or last port of embarkation if such deportation is deemed impracticable or inconvenient due to war, and that such deportations do not violate the Fifth Amendment