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

• D'Alessandro v. Tippins
  102 Fla. 10· Fla.· 1931-06-09 ·cited 15×·via Writ Of Habeas Corpus
  Angelo D'Alessandro sought habeas corpus relief after his conviction for unlawful possession of intoxicating liquors. The Florida Supreme Court affirmed the lower court's denial of his third habeas corpus petition, holding that a final judgment in habeas corpus is conclusive and
• Harvey v. The Cir. Court of the Eleventh Jud. Cir.
  191 So. 3d 471· Fla. 3d DCA· 2024-01-10 ·cited 14×·via Writ Of Habeas Corpus
  A court may issue an order to show cause prohibiting a litigant from filing further pro se pleadings when the litigant has repeatedly filed procedurally barred or meritless claims that waste judicial resources and constitute an abuse of the judicial process.
• Smith v. State
  213 So. 3d 722· Fla.· 2017-03-16 ·cited 14×·via Writ Of Habeas Corpus
  Corey Smith, convicted of multiple murders in connection with a Miami drug enterprise, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of most postconviction claims but vacated Smith's death se
• Bogle v. State
  213 So. 3d 833· Fla.· 2017-02-09 ·cited 14×·via Writ Of Habeas Corpus
  Brett Bogle was convicted of first-degree murder and sentenced to death for the 1991 killing of Margaret Torres. On post-conviction review, Bogle raised multiple claims including Brady and Giglio violations, ineffective assistance of counsel at guilt and penalty phases, newly dis
• Brooks v. State
  175 So. 3d 204· Fla.· 2015-05-07 ·cited 14×·via Writ Of Habeas Corpus
  Lamar Brooks appeals denial of his Rule 3.851 motion to vacate death sentences for two murders and petitions for habeas corpus. The Florida Supreme Court affirms the postconviction court's rejection of all ineffective assistance of counsel claims, Brady/Giglio violations, and new
• Samak v. Warden, FCC Coleman-Medium
  766 F.3d 1271· 11th Cir.· 2014-09-10 ·cited 14×
  The Eleventh Circuit, in a concurring opinion, argues that the court's established interpretation of the savings clause in 28 U.S.C. § 2255(e) is atextual and indefensible. The concurrence contends that the plain text of the savings clause allows a federal prisoner to file a habe
• England v. State
  151 So. 3d 1132· Fla.· 2014-07-03 ·cited 14×·via Writ Of Habeas Corpus
  Richard England, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habeas petition, finding no ine
• Frances v. State
  143 So. 3d 340· Fla.· 2014-04-17 ·cited 14×·via Writ Of Habeas Corpus
  David Sylvester Frances appealed the trial court's denial of his Rule 3.851 postconviction motion and petition for habeas corpus in a death penalty case involving the murders of two women. The Florida Supreme Court affirmed the denial of all ineffective assistance of counsel clai
• Ulysses Brown v. McNEIL
  22 So. 3d 741· Fla. 1st DCA· 2009-11-17 ·cited 14×·via Writ Of Habeas Corpus
  Ulysses Brown appealed the denial of his habeas corpus petition, his sixteenth action in this court. The court affirmed the denial and imposed sanctions by ordering the clerk to reject future pro se filings from Brown related to his convictions unless signed by a Florida Bar atto
• Logan v. State
  964 So. 2d 209· Fla. 5th DCA· 2007-08-24 ·cited 14×·via Writ Of Habeas Corpus
  David Logan appealed the denial of his habeas corpus petition challenging the Florida Parole Commission's determination that he qualified for conditional release supervision. The court affirmed the denial, holding that Logan failed to allege he did not meet the statutory criteria
• Hightower v. Terry
  459 F.3d 1067· 11th Cir.· 2006-08-08 ·cited 14×
  The Georgia courts failed to properly apply Batson's third step by not assessing the plausibility of the prosecutor's race-neutral explanations for striking black veniremembers. This failure constitutes an unreasonable application of clearly established federal law, warranting th
• Hernandez v. Roth
  890 So. 2d 1173· Fla. 3d DCA· 2004-12-29 ·cited 14×·via Writ Of Habeas Corpus
  Ignacio Hernandez petitioned for a writ of habeas corpus challenging a condition of his pretrial release requiring urinalysis three times weekly. The Third District Court of Appeal held that the trial court did not abuse its discretion in imposing this condition and denied the wr
• Allen v. State
  873 So. 2d 576· Fla. 2d DCA· 2004-05-26 ·cited 14×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal granted a petition for writ of mandamus, ordering a lower court to hold a probable cause hearing for a sexually violent predator committed under the Jimmy Ryce Act. The court denied a petition for habeas corpus, finding that the failure to hol
• Heard v. Fla. Parole Comm'n
  811 So. 2d 808· Fla. 1st DCA· 2002-03-20 ·cited 14×·via Writ Of Habeas Corpus
  William K. Heard challenged a circuit court order upholding revocation of his parole. The appellate court found the circuit court departed from essential requirements of law by treating his habeas corpus petition as a mandamus petition (requiring a filing fee) and by exercising j
• Westberry v. Moore
  772 So. 2d 1208· Fla.· 2000-11-09 ·cited 14×·via Writ Of Habeas Corpus
  Richard Westberry petitioned for habeas corpus relief, challenging the forfeiture of his gain time credits upon revocation of his Control Release status. The Florida Supreme Court denied the petition, holding that inmates who accepted early release under the Control Release progr
• M.P. v. Dept. OF Child. & Families
  717 So. 2d 114· Fla. 1st DCA· 1998-09-04 ·cited 14×·via Writ Of Habeas Corpus
• Hall v. State
  690 So. 2d 754· Fla. 5th DCA· 1997-04-04 ·cited 14×·via Habeas Corpus Relief
  The court held that the defendant's challenges to his 1990 sentences were legally insufficient and constituted an abuse of process.
• Calamia v. Singletary
  686 So. 2d 1337· Fla.· 1996-12-19 ·cited 14×·via Writ Of Habeas Corpus
  Florida Supreme Court rejected habeas corpus and mandamus petitions from two inmates convicted of murder who challenged the retroactive cancellation of provisional credits awarded for prison overcrowding as an ex post facto violation. The Court held that provisional credits are a
• Martinez v. State
  655 So. 2d 166· Fla. 3d DCA· 1995-05-10 ·cited 14×·via Writ Of Habeas Corpus
  Martinez appealed his convictions for armed cocaine trafficking and related firearm offenses, raising claims of ineffective assistance of trial counsel and appellate counsel. The court affirmed most of the trial court's denial of Martinez's post-conviction motion but reversed and
• T.L.W. v. The Honorable A.C. Soud, Jr.
  645 So. 2d 1101· Fla. 1st DCA· 1994-12-01 ·cited 14×·via Writ Of Habeas Corpus
  Two juveniles detained in secure custody on firearm charges challenged their detention via habeas corpus, arguing it was not authorized by statute. The Florida Court of Appeal affirmed their detention, holding that both the general detention statute and a specific firearm statute
• Roberts v. Singletary
  626 So. 2d 168· Fla.· 1993-09-16 ·cited 14×·via Writ Of Habeas Corpus
  Ricky Bernard Roberts, a death row inmate, petitioned for habeas corpus relief claiming that recent U.S. Supreme Court decisions regarding jury instructions on aggravating circumstances constituted a change in law requiring resentencing. The Florida Supreme Court denied the petit
• Elderbroom v. Knowles
  621 So. 2d 518· Fla. 4th DCA· 1993-07-07 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the trial court erred in denying pretrial release on bail when substantial defense evidence raised material questions of fact regarding guilt.
• Mullings v. Barton
  620 So. 2d 258· Fla. 1st DCA· 1993-06-28 ·cited 14×
  The court dismissed the appeal regarding the disorderly conduct charge as moot after the appellee's letter provided the requested relief, and reversed and remanded the destruction of state property petition for the trial court to consider on the merits.
• Freeman v. Lane
  962 F.2d 1252· 7th Cir.· 1992-05-01 ·cited 14×
  The court held that the appellate counsel's failure to raise a meritorious Fifth Amendment claim on direct appeal constituted ineffective assistance, establishing cause and prejudice to excuse the procedural default for federal habeas review.
• Pinedo v. United States
  955 F.2d 12· 5th Cir.· 1992-02-13 ·cited 14×
  The court held that the prior interpretation of "in custody" under 18 U.S.C. § 3568 applies to the current statute 18 U.S.C. § 3585(b), meaning credit is not given for time spent on restrictive pre-trial release.
• Hernando Williams v. Chrans
  945 F.2d 926· 7th Cir.· 1991-10-01 ·cited 14×
  The court affirmed the district court's denial of the habeas petition, finding no constitutional infirmities in the guilty plea or the Illinois death penalty statute as applied.
• Moreland v. United States
  932 F.2d 690· 8th Cir.· 1991-04-24 ·cited 14×
  Time spent in a halfway house under restrictive conditions constitutes 'official detention' for which a defendant must receive credit toward their sentence.
• Tukes v. Dugger
  911 F.2d 508· 11th Cir.· 1990-09-07 ·cited 14×
  The court concurs in the result but disagrees with the reasoning that Stone v. Powell does not apply when state appellate courts do not issue opinions.
• Johnson v. Dugger
  911 F.2d 440· 11th Cir.· 1990-08-21 ·cited 14×
  The majority's decision departs from Supreme Court precedent by requiring a petitioner to show only a colorable showing of prejudice, rather than 'actual innocence,' to obtain federal habeas review after procedural default.
• Clisby v. Jones
  907 F.2d 1047· 11th Cir.· 1990-07-25 ·cited 14×·via Habeas Corpus Relief
  The state fulfills its constitutional obligation under Ake v. Oklahoma by providing a competent, licensed psychiatrist, and is not liable for potential malpractice by that psychiatrist.
• MAY v. Collins
  904 F.2d 228· 5th Cir.· 1990-06-12 ·cited 14×
  The court held that the petitioner's Brady claim was meritless as the discrepancy was peripheral and harmless, and his Penry claim failed because he deliberately chose not to present mitigating evidence at trial.
• Bressman v. Hal Farrier
  900 F.2d 1305· 8th Cir.· 1990-04-19 ·cited 14×
  The court held that claims seeking restoration of good-time credits must generally be brought as habeas corpus petitions, requiring exhaustion of state remedies, while claims for damages or declaratory relief not affecting confinement length may proceed under § 1983.
• Ervin James Horton v. Dugger
  895 F.2d 714· 11th Cir.· 1990-03-01 ·cited 14×
  The court held that a defendant's request for self-representation made after the jury has been empaneled and sworn is untimely and can be denied. The court also held that the appellant failed to present evidence of being denied the right to file a pro se brief on appeal.
• Mayo v. Lynaugh
  893 F.2d 683· 5th Cir.· 1990-01-23 ·cited 14×
  The court held that the state waived its procedural default defense by failing to raise it in the district court, and that the jury instructions in the sentencing phase prevented the jury from giving full effect to the defendant's mitigating evidence.
• Russell v. Lynaugh
  892 F.2d 1205· 5th Cir.· 1989-12-08 ·cited 14×
  The court affirmed the denial of habeas corpus relief, agreeing that the issue was procedurally barred and that the venireman's exclusion was proper on the merits.
• Menefield v. Borg
  881 F.2d 696· 9th Cir.· 1989-08-02 ·cited 14×
  A criminal defendant is constitutionally entitled to the assistance of counsel for a motion for a new trial, even if they previously waived counsel and represented themselves at trial, unless the request is made in bad faith.
• Santos v. Kolb
  880 F.2d 941· 7th Cir.· 1989-07-26 ·cited 14×
  Failure of trial counsel to advise a defendant of the collateral immigration consequences of a guilty plea, including potential deportation, does not constitute ineffective assistance of counsel under the Sixth Amendment.
• Hamblen v. Dugger
  546 So. 2d 1039· Fla.· 1989-07-06 ·cited 14×
  James William Hamblen petitioned for habeas corpus and a stay of execution following his conviction for first-degree murder and death sentence. The Florida Supreme Court rejected four claims of appellate ineffectiveness and error, including challenges to his waiver of counsel, th
• Bowens v. The Honorable Robert W. Tyson, Jr.
  543 So. 2d 851· Fla. 4th DCA· 1989-05-17 ·cited 14×·via Writ Of Habeas Corpus
  A defendant arrested on serious felony charges filed a motion for pretrial release after being held in custody for 42 days without formal charging. The court interpreted Florida Rule of Criminal Procedure 3.133(b)(6), which provides for automatic release if a defendant remains un
• Nadworny v. Fair
  872 F.2d 1093· 1st Cir.· 1989-04-20 ·cited 14×
  A state prisoner's federal habeas claim is exhausted if the substance of the claim was presented to the state courts in a manner likely to alert them to its federal nature, even if only state precedent was cited.
• Miller v. Sumner
  872 F.2d 287· 9th Cir.· 1989-03-22 ·cited 14×
  The court held that a pro se prisoner's notice of appeal is deemed filed when delivered to prison authorities, and if the delivery date is unclear, the case must be remanded for a factual determination of timeliness.
• Innes v. Dalsheim
  864 F.2d 974· 2d Cir.· 1988-12-29 ·cited 14×·via Application For Writ Of Habeas Corpus
  The court held that the defendant's waiver of his right to a jury trial was not knowing and intelligent due to the ambiguity in the trial court's explanation of the consequences of breaching the plea agreement.
• Watson v. Estelle
  859 F.2d 105· 9th Cir.· 1988-10-06 ·cited 14×
  The court held that California Penal Code § 3041.5(b)(2), which allows for longer delays between parole suitability hearings, violates the ex post facto clause when applied to prisoners like Watson who committed offenses before its enactment, as it materially disadvantages them b
• Thames v. Dugger
  848 F.2d 149· 11th Cir.· 1988-06-27 ·cited 14×·via Writ Of Habeas Corpus
  The court held that a motion for a certificate of probable cause can constitute a timely notice of appeal and that the district court erred in denying a habeas corpus petition without an adequate record or evidentiary hearing on the ineffective assistance of counsel claim.
• Wall v. State
  525 So. 2d 486· Fla. 1st DCA· 1988-05-20 ·cited 14×·via Writ Of Habeas Corpus
  Court affirmed denial of habeas corpus petition where appellant, incarcerated in New Mexico, failed to show his sentence was enhanced by the Florida conviction he sought to challenge, thus lacking the custody requirement under Rule 3.850.
• LaVille Hannon v. Herb Maschner & Attorney Gen. of the State of Kan.
  845 F.2d 1553· 10th Cir.· 1988-05-10 ·cited 14×
  The court held that dismissal for delay under Rule 9(a) was improper because the state failed to make a particularized showing of prejudice in responding to the petition, and that the merits of the ineffective assistance of counsel claim must be addressed.
• Freels v. Norm F. Hills
  843 F.2d 958· 6th Cir.· 1988-04-06 ·cited 14×
  Failure by appellate counsel to strictly conform to Anders v. California requirements for filing a brief is not excused by the Strickland v. Washington prejudice standard, as such failure presumptively denies effective assistance of counsel.
• Godfrey v. Kemp
  836 F.2d 1557· 11th Cir.· 1988-03-01 ·cited 14×
  The court held that an unconstitutional jury instruction shifting the burden of proof on intent was not harmless error given evidence of a dissociative attack, but that the introduction of a state psychiatrist's testimony did not violate the defendant's right to counsel. The cour
• Rowe v. State
  523 So. 2d 620· Fla. 2d DCA· 1988-02-26 ·cited 14×·via Writ Of Habeas Corpus
  The court held that a defendant's motion to correct sentence based on alleged guideline scoresheet errors was properly denied, as the sentence was the result of a plea bargain and lawful at the time it was imposed.
• Birdsell v. The State OF Ala. & Attorney Gen. of the State of Ala.
  834 F.2d 920· 11th Cir.· 1987-12-21 ·cited 14×
  A federal inmate challenging prior state convictions is not 'in custody' for habeas corpus purposes if the state probation period has expired and cannot be revoked under state law.