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

• Patrick v. State
  246 So. 3d 253· Fla.· 2018-06-14 ·cited 13×·via Writ Of Habeas Corpus
  Eric Kurt Patrick, a capital defendant whose death sentence became final in 2013, appeals the denial of his Rule 3.851 postconviction motion and petitions for a writ of habeas corpus. The Florida Supreme Court grants the habeas petition based on Hurst v. Florida, vacates the deat
• Knight v. State
  211 So. 3d 1· Fla.· 2016-12-15 ·cited 13×·via Writ Of Habeas Corpus
  Ronald Knight, convicted of first-degree murder and sentenced to death, appealed the denial of his postconviction motion to vacate his conviction and sentence filed under Florida Rule of Criminal Procedure 3.850, and petitioned for a writ of habeas corpus. The Florida Supreme Cou
• DE LA HOZ v. Crews
  123 So. 3d 101· Fla. 3d DCA· 2013-09-25 ·cited 13×·via Writ Of Habeas Corpus
  De La Hoz petitions for habeas corpus to vacate his second-degree murder conviction based on fundamentally erroneous jury instructions on manslaughter that were later declared reversible error in Haygood v. State. The court grants relief on narrow procedural grounds, finding mani
• Gisi v. State
  119 So. 3d 534· Fla. 5th DCA· 2013-08-16 ·cited 13×·via Writ Of Habeas Corpus
  Michael Gisi appealed the denial of his habeas corpus petition challenging a defect in the information for one of his convictions—specifically, a variance in the offense date between the information and verdict form. The Fifth District Court of Appeal dismissed the appeal due to
• Henry v. Runner O. Santana
  62 So. 3d 1122· Fla.· 2011-04-28 ·cited 13×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a trial court may not sua sponte dismiss a habeas corpus petition seeking immediate release based on the petitioner's failure to allege exhaustion of administrative remedies when no party has raised that issue. The decision resolves a conflict
• Ginsberg v. Ryan
  60 So. 3d 475· Fla. 3d DCA· 2011-04-14 ·cited 13×·via Writ Of Habeas Corpus
  Barry Ginsberg petitioned for a writ of habeas corpus challenging his pretrial detention without bond after violating conditions of his monitored release. The Florida Third District Court of Appeal granted the petition, holding that while a defendant forfeits his original bond up
• B.M. v. Dobuler
  979 So. 2d 308· Fla. 3d DCA· 2008-03-19 ·cited 13×·via Writ Of Habeas Corpus
  A 14-year-old juvenile petitioned for habeas corpus after being placed in secure detention pending disposition of a probation violation. The Third District Court of Appeal held that the trial court's summary detention order violated Florida law because it lacked the required risk
• Lucky v. Ryan
  973 So. 2d 668· Fla. 3d DCA· 2008-02-08 ·cited 13×·via Writ Of Habeas Corpus
• Sullivan v. Fla. Parole Comm'n
  920 So. 2d 106· Fla. 2d DCA· 2006-01-20 ·cited 13×·via Writ Of Habeas Corpus
  The court held that the circuit court should have transferred the petition to the proper venue rather than dismissing it.
• Shepard v. Crosby
  916 So. 2d 861· Fla. 4th DCA· 2005-10-19 ·cited 13×·via Writ Of Habeas Corpus
  A defendant convicted of second-degree murder and other charges challenged his appellate counsel's failure to argue that the trial court's jury instruction on justifiable use of force was erroneous. The Fourth District Court of Appeal agreed that the instruction was circular and
• Graham v. Jenne
  837 So. 2d 554· Fla. 4th DCA· 2003-02-12 ·cited 13×·via Writ Of Habeas Corpus
  Bobby Graham, a deaf mute with limited sign language skills, was found incompetent to proceed to trial on burglary charges and committed to the Department of Children and Families for restoration of competency. The Florida Fourth District Court of Appeal granted his habeas corpus
• Young v. Moore
  820 So. 2d 901· Fla.· 2002-05-30 ·cited 13×·via Writ Of Habeas Corpus
  Chad Young petitioned for habeas corpus challenging the Department of Corrections' calculation of his gain time credits using a 1997 statute when he was sentenced under 1991 guidelines. The Florida Supreme Court denied the petition, holding that the gain time statute applicable a
• Stanley v. Moore
  744 So. 2d 1160· Fla. 1st DCA· 1999-11-01 ·cited 13×·via Writ Of Habeas Corpus
  A prisoner appealed the dismissal of his petition for a writ of mandamus for failure to comply with indigency provisions. The court held that because the petition alleged facts potentially entitling him to immediate release, it should have been treated as a habeas corpus petition
• Parsons v. Wennet
  625 So. 2d 945· Fla. 4th DCA· 1993-10-20 ·cited 13×·via Writ Of Habeas Corpus
  The court held that a civil contempt order cannot be used to compel a witness to admit to perjury, as this constitutes an impermissible use of the court's power and violates constitutional protections against self-incrimination.
• Martinez v. Ylst
  951 F.2d 1153· 9th Cir.· 1991-12-24 ·cited 13×
  The court held that the state waived its right to argue that the trial court's error was not cognizable on federal habeas corpus, and that the error was not harmless beyond a reasonable doubt.
• Jackson v. Dugger
  931 F.2d 712· 11th Cir.· 1991-04-29 ·cited 13×
  The court held that while the district court correctly denied relief on claims related to the convictions, it erred in finding the Hitchcock violation harmless regarding the death sentence.
• Vargas v. United States Parole Comm'n
  865 F.2d 191· 9th Cir.· 1988-12-22 ·cited 13×
  The court held that the Commission violated regulations by failing to conduct the revocation hearing within the statutory time period, but affirmed the denial of the habeas petition on other grounds, remanding only the issue of notice.
• Staley v. Ledbetter
  837 F.2d 1016· 11th Cir.· 1988-02-17 ·cited 13×·via Habeas Corpus Relief
  The court held that federal courts lack subject matter jurisdiction to review state court child custody determinations, affirming the dismissal of the plaintiff's civil rights action.
• Streetman v. Lynaugh
  835 F.2d 1519· 5th Cir.· 1988-01-06 ·cited 13×
  The court denied the application for a certificate of probable cause and a stay of execution, finding the claims either foreclosed by precedent, barred by procedural default, or previously denied.
• Johnstone v. Kelly
  808 F.2d 214· 2d Cir.· 1986-12-24 ·cited 13×·via Writ Of Habeas Corpus
  Denial of a defendant's Sixth Amendment right to self-representation is not subject to harmless error analysis and requires automatic reversal.
• Alton D. Brown v. Louie L. Wainwright
  498 So. 2d 679· Fla. 1st DCA· 1986-12-15 ·cited 13×·via Writ Of Habeas Corpus
  Brown appealed the denial of his habeas corpus petition challenging the calculation of his gain-time credits and release date across three consecutive sentences. The court affirmed the denial, holding that the petition lacked sufficient factual allegations and that habeas corpus
• Spillers v. A.L. Lockhart
  802 F.2d 1007· 8th Cir.· 1986-09-30 ·cited 13×
  The court held that the district court did not err in denying the petition for habeas corpus, as the appellant's claims were either conclusory, failed to demonstrate prejudice, or were barred from review.
• The United States v. Golden
  795 F.2d 19· 3d Cir.· 1986-07-11 ·cited 13×·via Writ Of Habeas Corpus
  The court held that a sentence permitting a defendant to self-report at an unspecified time is illegal and requires resentencing. The court also held that the government did not breach the plea agreement by not equating the Witness Protection Program with incarceration.
• Thompson v. Louie L. Wainwright and Jim Smith
  784 F.2d 1103· 11th Cir.· 1986-03-20 ·cited 13×·via Habeas Corpus Relief
  The court held that the appellant's guilty plea was voluntary and entered upon advice of competent counsel, and thus his petition for habeas corpus relief was properly denied.
• Tucker v. Kemp
  776 F.2d 1487· 11th Cir.· 1985-11-07 ·cited 13×
  The court held that Tucker's trial counsel was not ineffective at sentencing and that the district court did not err in denying an evidentiary hearing.
• Jones v. Smith
  772 F.2d 668· 11th Cir.· 1985-09-11 ·cited 13×·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the pretrial lineup, the jury instructions, or the assistance of counsel.
• Carter v. Procunier
  755 F.2d 1126· 5th Cir.· 1985-03-22 ·cited 13×
  The court held that the petitioner was 'in custody' for habeas corpus purposes and that his claim was not moot, as collateral consequences could still arise from the challenged conviction.
• Huffman v. Ricketts
  750 F.2d 798· 9th Cir.· 1984-12-28 ·cited 13×
  The court held that the Arizona Court of Appeals did not apply a procedural bar when it addressed the merits of Huffman's federal constitutional claim, and that the jury instructions, when viewed as a whole, did not create an unconstitutional presumption that shifted the burden o
• Rocco Messina and Charles J. Arico v. United States
  728 F.2d 77· 2d Cir.· 1984-02-07 ·cited 13×·via Writ Of Habeas Corpus
  The court held that the alleged offenses were covered by the extradition treaty and sufficient evidence warranted a finding of probable cause for extradition.
• Hollenbeck v. Estelle
  672 F.2d 451· 5th Cir.· 1982-04-05 ·cited 13×·via Habeas Corpus Relief
  A defendant's post-conviction disagreement with counsel's advice against testifying does not establish a denial of the right to testify, and counsel's strategic decisions regarding evidence and testimony can constitute effective assistance.
• Sellers v. Estelle
  651 F.2d 1074· 5th Cir.· 1981-07-27 ·cited 13×·via Application For Writ Of Habeas Corpus
  The court held that the prosecution's suppression of evidence favorable to the accused, if material, violates due process, and remanded for an evidentiary hearing to determine if such evidence was withheld.
• Cambel Lee Spikes v. United States
  633 F.2d 144· 9th Cir.· 1980-10-08 ·cited 13×
  The court held that the trial court did not err in denying a hearing on Spikes' motion for post-conviction relief, as the record conclusively showed he was competent to plead guilty.
• R. J. K. v. State
  375 So. 2d 871· Fla. 1st DCA· 1979-10-11 ·cited 13×·via Writ Of Habeas Corpus
• George R. Caesar, M.D. v. Mountanos
  542 F.2d 1064· 9th Cir.· 1976-09-13 ·cited 13×
  The court held that compelling disclosure of confidential psychotherapist-patient communications, as interpreted by California Evidence Code Section 1016 in Lifschutz, impermissibly encroaches upon a patient's constitutional right of privacy.
• Sven Pete Tiitsman v. Black
  536 F.2d 678· 6th Cir.· 1976-06-10 ·cited 13×·via Writ Of Habeas Corpus
  The court held that a probation revocation for criminal conduct does not violate due process, even if the probationer was unaware of their probationary status or its conditions, as long as the conduct itself is inherently unlawful.
• Clay v. Henderson
  524 F.2d 921· 5th Cir.· 1975-12-12 ·cited 13×·via Petition For Habeas Corpus Relief
  The court held that the appellant's release was a parole, not a transfer, and therefore the parole board retained jurisdiction over him.
• Bjerkan v. United States
  529 F.2d 125· 7th Cir.· 1975-11-18 ·cited 13×
  A presidential pardon restores all federal and state civil rights, rendering a habeas corpus appeal moot if the only remaining issues are collateral consequences of the conviction.
• Baker v. Hocker
  496 F.2d 615· 9th Cir.· 1974-05-06 ·cited 13×·via Writ Of Habeas Corpus
  The court held that the preliminary hearing identification procedure was not impermissibly suggestive and did not violate due process.
• Anderson v. Beto
  469 F.2d 1076· 5th Cir.· 1972-11-27 ·cited 13×
  The district court failed to follow the appellate court's mandate to determine if state remedies were exhausted before ordering the state to hold an evidentiary hearing.
• United States ex rel. Roney R. Nunes v. Nelson
  467 F.2d 1380· 9th Cir.· 1972-10-02 ·cited 13×
  The court held that a state prisoner is not entitled to a discovery order to aid in preparing a future habeas corpus petition, and claims regarding conditions of imprisonment are moot if the prisoner is no longer in custody.
• State of Fla. ex rel. Philip S. Shailer v. Hon. Stephen R. Booher
  241 So. 2d 720· Fla. 4th DCA· 1970-12-11 ·cited 13×·via Writ Of Habeas Corpus
  The State Attorney sought a writ of prohibition to prevent a circuit judge from enforcing a peremptory writ of habeas corpus that ordered a preliminary hearing for a defendant arrested after an information was filed. The court denied the writ, holding that prohibition was an impr
• Harper v. State
  201 So. 2d 65· Fla.· 1967-07-10 ·cited 13×
  The trial court abused its discretion by refusing to appoint counsel for an indigent defendant at a hearing on a motion for a new trial and a Rule 1 motion, as these are critical stages where assistance of counsel is essential for a fair presentation of claims.
• United States ex rel. Murray Dickerson v. Rundle
  363 F.2d 126· 3d Cir.· 1966-07-19 ·cited 13×
  The court held that while the retroactivity of Miranda and Escobedo did not apply, the defendant was entitled to a separate hearing on the voluntariness of his confession under Jackson v. Denno, which is retroactive.
• Lamb v. Heritage
  310 F.2d 71· 5th Cir.· 1962-11-23 ·cited 13×
  A federal sentence does not commence until the defendant is received at the designated facility for service, even if a state sentence is served concurrently or if the defendant is in state custody.
• Hitson v. Mayo
  82 So. 2d 591· Fla.· 1955-09-28 ·cited 13×·via Writ Of Habeas Corpus
  Petitioner Hitson sought habeas corpus relief, claiming his five-year sentence was void because it was imposed under the wrong criminal statute. The Florida Supreme Court held that the application was premature because the sentence was imposed to run consecutive to his existing s
• Gavin v. Comm'r, Ala. Dep't of Corr.
  40 F.4th 1247· 11th Cir.· 2022-07-14 ·cited 12×·via Habeas Corpus Relief
  Keith Gavin appealed the district court's grant of his federal habeas petition challenging his Alabama death sentence, claiming ineffective assistance of counsel during the penalty phase and juror misconduct. The Eleventh Circuit reversed the grant of habeas relief on the ineffec
• In re Kiwanis Jones
  830 F.3d 1295· 11th Cir.· 2016-07-27 ·cited 12×
  The Eleventh Circuit held that a second or successive request for authorization to file a habeas corpus petition can be considered even if it raises the same claim as a previously denied request. The court found that the plain language of 28 U.S.C. § 2244(b)(1) refers to the subs
• Holland v. State
  775 F.3d 1294· 11th Cir.· 2014-12-29 ·cited 12×
  Albert Holland was convicted of murdering police officer Scott Winters and sentenced to death. Holland, who suffered serious mental illness including schizophrenia and a prior brain injury, repeatedly requested to represent himself before trial, but the trial court denied these r
• van Poyck v. State
  116 So. 3d 347· Fla.· 2013-06-06 ·cited 12×·via Writ Of Habeas Corpus
  William Van Poyck, a death row inmate, appealed the dismissal of his third successive postconviction motion and sought habeas relief, challenging his 1987 first-degree murder conviction and death sentence for the killing of correctional officer Fred Griffis during a prison escape
• Taylor v. State
  87 So. 3d 749· Fla.· 2012-03-08 ·cited 12×·via Writ Of Habeas Corpus
  William Kenneth Taylor, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.851 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assista