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

• Kendrick v. McNEIL
  6 So. 3d 657· Fla. 1st DCA· 2009-03-05 ·cited 12×
  Kendrick, an inmate placed in close management status, sought habeas corpus relief but the circuit court improperly converted his petition to mandamus and assessed a filing fee. The appellate court held that inmates challenging close management placement may proceed via habeas co
• Harper v. State
  955 So. 2d 617· Fla. 5th DCA· 2007-04-27 ·cited 12×
  James Harper challenged the denial of his habeas corpus petition challenging his conviction for a probation violation based on an amended affidavit filed after his probation expired. The court affirmed the denial, holding that the amended Florida statute tolling the probationary
• Hill v. Crosby
  437 F.3d 1084· 11th Cir.· 2006-01-24 ·cited 12×
  The Eleventh Circuit denied Hill's application for a stay of execution, holding that his § 1983 suit challenging lethal injection as cruel and unusual punishment was the functional equivalent of a successive habeas petition requiring prior court approval under 28 U.S.C. § 2244(b)
• Aqwan Griffith v. State
  914 So. 2d 1053· Fla. 5th DCA· 2005-11-23 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the state's failure to file a motion for pretrial detention requires a hearing on conditions of release.
• W.C. v. Smith
  898 So. 2d 1137· Fla. 1st DCA· 2005-03-31 ·cited 12×·via Writ Of Habeas Corpus
  A juvenile is entitled to habeas corpus relief if not afforded due process rights in an indirect criminal contempt proceeding.
• Bryant v. State
  851 So. 2d 823· Fla. 2d DCA· 2003-07-30 ·cited 12×·via Writ Of Habeas Corpus
  The court held that conduct occurring outside the courtroom, even if heard by the judge, does not constitute direct criminal contempt if it was not in the judge's actual presence and not directed at the proceedings.
• M.P. v. Gardner
  838 So. 2d 711· Fla. 4th DCA· 2003-03-12 ·cited 12×·via Writ Of Habeas Corpus
  M.P., a juvenile detained in secure custody pending trial for failure to appear, sought habeas corpus relief after the trial court departed from a risk assessment instrument (RAI) that qualified him for nonsecure detention. The Fourth District held that the trial court's written
• Cherry v. Moore
  829 So. 2d 873· Fla.· 2002-10-03 ·cited 12×·via Writ Of Habeas Corpus
  Roger Lee Cherry, convicted of two 1986 murders and sentenced to death for one victim, petitions for a writ of habeas corpus attacking his appellate counsel's effectiveness. The Florida Supreme Court denies the petition, finding his claims either procedurally barred as previously
• Asay v. Moore
  828 So. 2d 985· Fla.· 2002-06-13 ·cited 12×·via Writ Of Habeas Corpus
  Mark James Asay petitioned the Florida Supreme Court for habeas corpus relief following his death sentence conviction for two murders. The court denied all of Asay's claims, which primarily challenged the effectiveness of his appellate counsel and the constitutionality of Florida
• McLEVY v. State
  787 So. 2d 194· Fla. 1st DCA· 2001-05-15 ·cited 12×·via Writ Of Habeas Corpus
• Gillard v. Fla. Parole Comm'n
  784 So. 2d 1214· Fla. 1st DCA· 2001-04-17 ·cited 12×·via Writ Of Habeas Corpus
  The court granted certiorari and quashed the lower court's denial of mandamus, holding that a prisoner challenging parole revocation must file habeas corpus in the county where incarcerated, not in Leon County, which lacked territorial jurisdiction.
• Salow v. State
  766 So. 2d 1222· Fla. 5th DCA· 2000-09-22 ·cited 12×·via Writ Of Habeas Corpus
  A Florida appellate court granted a writ of certiorari to a petitioner seeking habeas corpus relief for gain time credits, finding that the trial court improperly denied the petition before the petitioner had an opportunity to file his authorized reply brief.
• Ferrer v. Manning
  682 So. 2d 659· Fla. 3d DCA· 1996-11-06 ·cited 12×·via Writ Of Habeas Corpus
  Ferrer petitions for habeas corpus relief, claiming his appellate counsel was ineffective for failing to raise that the trial judge's absence during jury testimony readback was fundamental error. The court grants the petition, finding counsel's omission fell outside the range of
• Alphonso Cave v. Singletary
  84 F.3d 1350· 11th Cir.· 1996-05-22 ·cited 12×
  The State failed to resentence the petitioner within the 90-day period mandated by a habeas order, and its failure to challenge the form of the habeas relief in a prior appeal means the order, including the conditional life sentence, must be enforced. The State's arguments regard
• Elisha Gilbert v. Singletary
  632 So. 2d 1104· Fla. 4th DCA· 1994-03-02 ·cited 12×·via Writ Of Habeas Corpus
  Elisha Gilbert, convicted of grand theft auto and sentenced as a habitual felony offender, filed a pro se petition for writ of habeas corpus while simultaneously represented by counsel on direct appeal. The court denied the petition, holding that habeas corpus is a collateral rem
• Sims v. Singletary
  622 So. 2d 980· Fla.· 1993-06-24 ·cited 12×·via Writ Of Habeas Corpus
  Terry Melvin Sims, a death row inmate, petitioned for habeas corpus relief raising eight challenges to his conviction and death sentence. The Florida Supreme Court dismissed most claims as procedurally barred and rejected Sims' remaining arguments regarding aggravating factors an
• Mills v. Singletary
  606 So. 2d 622· Fla.· 1992-10-22 ·cited 12×·via Writ Of Habeas Corpus
  Gregory Mills, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, raising claims about inadequate harmless error analysis and the constitutionality of the felony-murder aggravator. The court denied the petition on procedural grounds, holding tha
• Lufkins v. Leapley
  965 F.2d 1477· 8th Cir.· 1992-05-07 ·cited 12×
  The admission of witness statements, even if their cross-examination was ineffective, was harmless error beyond a reasonable doubt because the defendant's confession and other corroborating evidence were overwhelming.
• MAY v. Collins
  948 F.2d 162· 5th Cir.· 1992-01-13 ·cited 12×
  The court held that the petitioner's Sixth Amendment claim was a reargument of a previously decided Eighth Amendment claim and thus barred as a successive petition. The court denied the certificate of probable cause and dismissed the petition.
• Searcy v. Singletary
  590 So. 2d 1034· Fla. 2d DCA· 1991-12-13 ·cited 12×·via Writ Of Habeas Corpus
  Edgar Searcy, an inmate convicted of sexual offenses, challenged the Department of Corrections' denial of provisional credits (gain time) under Florida law. The court reversed the lower court's decision, finding that the circuit court applied an outdated version of the statute an
• Puiatti v. Dugger
  589 So. 2d 231· Fla.· 1991-10-03 ·cited 12×·via Writ Of Habeas Corpus
  Carl Puiatti, convicted and sentenced to death for kidnapping, robbery, and first-degree murder, appealed the trial court's denial of his rule 3.850 motion for post-conviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of
• Fretwell v. A.L. Lockhart
  946 F.2d 571· 8th Cir.· 1991-09-23 ·cited 12×·via Habeas Corpus Relief
  The dissenting judge argues that the majority erred in finding ineffective assistance of counsel and in ordering resentencing to life imprisonment.
• Harris v. Champion
  938 F.2d 1062· 10th Cir.· 1991-06-17 ·cited 12×·via Habeas Corpus Proceedings
  The court modified its previous order to delete the requirement that two specific cases be consolidated, but reaffirmed its prior opinion regarding the investigation of constitutional allegations concerning the provision of appellate counsel to indigent defendants.
• Simmons v. State
  579 So. 2d 874· Fla. 1st DCA· 1991-05-23 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the state circuit court correctly denied the defendant's motions for postconviction relief because the available procedural remedies had lapsed or were inapplicable to the claims presented.
• United States v. Lane
  926 F.2d 694· 7th Cir.· 1991-03-08 ·cited 12×
  The court held that defense counsel's failure to ensure an alibi witness's appearance at trial, despite diligent efforts to locate her, did not constitute constitutionally ineffective assistance of counsel.
• Harris v. Luckey
  918 F.2d 888· 11th Cir.· 1990-11-16 ·cited 12×·via Habeas Corpus Relief
  The district court correctly applied the law of the case doctrine to deny a motion to dismiss based on new grounds not previously raised or ruled upon.
• Rodriguez v. Young
  906 F.2d 1153· 7th Cir.· 1990-07-11 ·cited 12×
  The court affirmed the denial of the habeas corpus petition, finding that while counsel's failure to move for suppression of identification testimony was objectively unreasonable, the identification was sufficiently reliable to be admissible, and there was no miscarriage of justi
• Flores v. Meese
  934 F.2d 991· 9th Cir.· 1990-06-20 ·cited 12×·via Habeas Corpus Proceedings
  The dissent argues that the INS regulations unconstitutionally deprive detained alien minors of their liberty, as the majority erred in applying a deferential standard of review and narrowly defining the constitutional right at stake.
• Meadows v. Legursky
  904 F.2d 903· 4th Cir.· 1990-06-01 ·cited 12×
  The court affirmed the dismissal of Acord's petition, finding the state procedural bar adequate and independent, and reversed the grant of habeas relief to Meadows, remanding for dismissal due to failure to exhaust state remedies.
• Hoffman v. Leeke
  903 F.2d 280· 4th Cir.· 1990-05-02 ·cited 12×
  The court held that the defendant was denied his Sixth Amendment right to effective assistance of counsel due to an actual conflict of interest by his attorney, and that the defendant's purported waiver of this right was not knowing and intelligent.
• E.W. v. Brown
  559 So. 2d 712· Fla. 1st DCA· 1990-04-12 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the state must show good cause for the delay in commencing an adjudicatory hearing, not merely rely on the original grounds for detention, to justify extending a juvenile's detention beyond 21 days.
• Turney v. O'Toole
  898 F.2d 1470· 10th Cir.· 1990-03-26 ·cited 12×·via Writ Of Habeas Corpus
  Officials executing a facially valid court order are absolutely immune from liability for the act of confinement, but only qualifiedly immune for the conditions of that confinement.
• Gamble v. Parsons
  898 F.2d 117· 10th Cir.· 1990-03-12 ·cited 12×
  A habeas petitioner can challenge a current sentence enhanced by a prior, allegedly unconstitutional conviction, even if the prior conviction's sentence has expired.
• Shaykh Matulu Abdurrahman v. Henderson
  897 F.2d 71· 2d Cir.· 1990-02-23 ·cited 12×
  The court held that the petitioner exhausted his state court remedies by citing Strickland v. Washington in a pro se brief, but his claim of ineffective assistance of appellate counsel was without merit.
• LEE v. McCAUGHTRY
  892 F.2d 1318· 7th Cir.· 1990-01-16 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the admission of out-of-court accusations, offered to show the defendant's response and not for their truth, did not violate the Confrontation Clause, especially with a limiting instruction and prosecutor's argument consistent with that limitation.
• Riddick v. Edmiston
  894 F.2d 586· 3d Cir.· 1990-01-16 ·cited 12×
  The court held that Miranda warnings are sufficient to inform a defendant of their Sixth Amendment right to counsel after indictment, and that a prosecutor's race-neutral explanation for a peremptory challenge, found credible by the trial court, satisfies Batson requirements.
• Young v. A.L. Lockhart
  892 F.2d 1348· 8th Cir.· 1989-12-29 ·cited 12×
  The court held that the defendant knowingly and voluntarily waived his right to counsel by electing self-representation after his request for new counsel was denied.
• Lavin T. Balfour v. Haws
  892 F.2d 556· 7th Cir.· 1989-12-22 ·cited 12×
  The court held that the petitioner's claims regarding competency, ineffective assistance of counsel, missing photographs, and insufficient evidence did not warrant habeas corpus relief.
• Watson v. Estelle
  886 F.2d 1093· 9th Cir.· 1989-09-21 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the application of a later amendment to California's Determinate Sentencing Law, which allowed for parole hearings every three years instead of annually, did not violate the ex post facto clause because the law in effect at the time of the offense did not prov
• Shedelbower v. Estelle
  885 F.2d 570· 9th Cir.· 1989-09-12 ·cited 12×
  The court held that the appellant's confession was not obtained in violation of his constitutional rights, as he initiated further discussion after invoking his right to counsel and validly waived those rights under the totality of the circumstances.
• Hamilton v. Vasquez
  882 F.2d 1469· 9th Cir.· 1989-08-23 ·cited 12×
  The court held that a district court must sua sponte review the state court record when a habeas petition raises mixed questions of law and fact, such as whether shackling a defendant during trial violated due process.
• McCOY v. Lynaugh
  874 F.2d 954· 5th Cir.· 1989-05-22 ·cited 12×
  The court affirmed the denial of a certificate of probable cause, finding no substantial issue on the merits regarding jury disqualifications.
• Brooks v. Jones
  875 F.2d 30· 2d Cir.· 1989-05-12 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a habeas corpus petitioner need not exhaust state remedies if state court processes have been demonstrably ineffective due to neglect and delay.
• Rawls v. State
  540 So. 2d 946· Fla. 5th DCA· 1989-04-12 ·cited 12×·via Writ Of Habeas Corpus
  Jake Rawls petitioned for a writ of habeas corpus to challenge a trial court's refusal to reduce his bail from $20,000 for drug possession charges. The Florida appellate court held that while bond schedules serve a valid purpose, courts must conduct individualized case-by-case as
• Anant Kumar Tripati v. United States Parole Comm'n
  872 F.2d 328· 9th Cir.· 1989-04-12 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the Sentencing Reform Act's repeal of the statute allowing deviation from parole guidelines did not apply to individuals convicted before the repeal's effective date, and thus did not invalidate the Parole Commission's decision.
• J.B. Parker v. State
  542 So. 2d 356· Fla.· 1989-03-23 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the trial court properly denied the motion for postconviction relief and the petition for a writ of habeas corpus, affirming the denial.
• Ross v. Petsock George
  868 F.2d 639· 3d Cir.· 1989-02-28 ·cited 12×
  The court should remand the case to the district court for reconsideration of the ineffective assistance of counsel claim, as the district court failed to review the state record to determine if the claim was fairly presented.
• Filiberto Ojeda Rios v. Wigen
  863 F.2d 196· 2d Cir.· 1988-11-29 ·cited 12×·via Writ Of Habeas Corpus
  A prior lengthy pretrial detention does not automatically render subsequent pretrial detention on new charges unlawful, even if the conduct was known previously.
• Sanders v. Lane
  861 F.2d 1033· 7th Cir.· 1988-11-10 ·cited 12×
  A judicial order prohibiting attorney-client communication during a trial recess violates the Sixth Amendment right to counsel, but such a violation is subject to harmless error analysis if it does not contaminate the entire proceeding.
• Rayborn v. Scully
  858 F.2d 84· 2d Cir.· 1988-09-20 ·cited 12×
  The court affirmed the dismissal of the habeas corpus petition, holding that the defendant's Sixth Amendment right to a speedy trial was not violated despite a seven-year delay.