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

• O'Berry v. Louie L. Wainwright
  546 F.2d 1204· 5th Cir.· 1977-02-11 ·cited 79×
  A federal court is precluded from considering a state prisoner's Fourth Amendment claims on habeas corpus if the state provided an opportunity for full and fair litigation of those claims, even if the state court resolved the claim on procedural grounds.
• Simmons v. State
  105 So. 3d 475· Fla.· 2012-10-18 ·cited 78×
  Eric Lee Simmons was convicted of first-degree murder, kidnapping, and sexual battery in the stabbing and beating death of Deborah Tressler and sentenced to death. The Florida Supreme Court affirmed the guilt-phase conviction but reversed the death sentence, finding ineffective a
• Rogers v. State
  957 So. 2d 538· Fla.· 2007-01-18 ·cited 78×·via Writ Of Habeas Corpus
  Glen Edward Rogers was convicted of first-degree murder and sentenced to death for the 1995 murder of Tina Marie Cribbs. This appeal challenges the trial court's denial of his motion to vacate his conviction and sentence, and his petition for writ of habeas corpus, raising claims
• Robinson v. State
  865 So. 2d 1259· Fla.· 2004-01-29 ·cited 78×·via Writ Of Habeas Corpus
  Johnny Robinson, a death row inmate, appealed the trial court's denial of a successive rule 3.851 postconviction motion and filed a successive habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas relief, re
• Murray v. Regier
  872 So. 2d 217· Fla.· 2002-12-05 ·cited 78×·via Writ Of Habeas Corpus
  Charles Murray challenged his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing his plea agreement in a prior criminal case entitled him to release on probation rather than pretrial civil detention. The Florida Supreme Court held that while M
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×·via Writ Of Habeas Corpus
  Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
• Lindsey v. Smith
  820 F.2d 1137· 11th Cir.· 1987-06-12 ·cited 78×
  The court affirmed the denial of the habeas corpus petition, finding that the appellant's claims were either procedurally barred or without merit.
• Mills v. Moore
  786 So. 2d 532· Fla.· 2001-04-12 ·cited 77×·via Writ Of Habeas Corpus
  Gregory Mills, a death row inmate, petitioned for habeas corpus relief arguing that Florida's capital sentencing scheme violates the Apprendi decision requiring jury findings on facts increasing penalties, and that his jury override was arbitrarily applied under Tedder. The Flori
• Stephens v. Kemp
  846 F.2d 642· 11th Cir.· 1988-04-22 ·cited 77×
  The court held that a jury instruction creating a presumption of intent is unconstitutional but the error was harmless because the defendant raised self-defense, thereby conceding the intent to kill, and alternatively, the evidence of intent was overwhelming. The court also held
• Witt v. State
  465 So. 2d 510· Fla.· 1985-03-04 ·cited 77×·via Writ Of Habeas Corpus
  Johnny Paul Witt, sentenced to death for first-degree murder, appealed the denial of his second post-conviction relief petition under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's dismissal as a successive petition without merit, r
• Novak v. Beto
  453 F.2d 661· 5th Cir.· 1971-12-09 ·cited 77×
  The court held that Texas's regulation banning all inmate assistance in preparing legal writs is unconstitutional because the state failed to prove it provided reasonable alternatives. However, the court affirmed that solitary confinement as administered by Texas does not constit
• Harris v. Dugger
  874 F.2d 756· 11th Cir.· 1989-05-16 ·cited 76×
  The court held that the appellant's lawyers rendered ineffective assistance of counsel during the penalty phase by failing to investigate and present mitigation evidence, and that the confession was voluntary and the arrest lawful.
• Willis v. Zant
  720 F.2d 1212· 11th Cir.· 1983-11-17 ·cited 76×
  The court held that the petitioner is entitled to an evidentiary hearing on his claims regarding the systematic exclusion of young adults from the jury venire and the prosecutor's historical practice of excluding black individuals from juries through peremptory challenges.
• Williams v. Ward
  556 F.2d 1143· 2d Cir.· 1977-05-26 ·cited 76×
  The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
• United States ex rel. Joel Smith v. The Hon. Daniel McMANN
  417 F.2d 648· 2d Cir.· 1969-10-10 ·cited 76×
  The court held that the record already established the petitioner was deprived of his constitutional right to appeal due to not being informed of his right to appeal without cost and with appointed counsel.
• Whitus v. Balkcom
  333 F.2d 496· 5th Cir.· 1964-06-18 ·cited 76×
• Kanatser v. Chrysler Corp.
  199 F.2d 610· 10th Cir.· 1952-08-28 ·cited 76×·via Writ Of Habeas Corpus
• Raulerson v. Louie L. Wainwright
  732 F.2d 803· 11th Cir.· 1984-05-01 ·cited 75×·via Writ Of Habeas Corpus
  The court held that the trial court's failure to conduct a Faretta hearing after Raulerson's unequivocal assertion of his right to self-representation was an absolute denial of that right, not waived by subsequent conduct.
• O'Bryan v. W.J. Estelle, Jr.
  714 F.2d 365· 5th Cir.· 1983-08-26 ·cited 75×·via Habeas Corpus Relief
  The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
• Huey R. LEE v. State OF Ala.
  386 F.2d 97· 5th Cir.· 1967-06-27 ·cited 75×
• Mills v. Dugger
  574 So. 2d 63· Fla.· 1990-11-08 ·cited 74×·via Writ Of Habeas Corpus
  John Mills, a death row inmate, petitioned for habeas corpus relief challenging his murder conviction and death sentence on twelve grounds, including claims based on victim impact evidence and instructional errors. The Florida Supreme Court denied the petition, finding all issues
• Beauford White v. Dugger
  511 So. 2d 554· Fla.· 1987-08-20 ·cited 74×·via Writ Of Habeas Corpus
  Beauford White, facing execution, filed a last-minute habeas corpus petition raising constitutional challenges to his death sentence. The Florida Supreme Court denied relief, holding that the petition was procedurally barred under state rules and constituted an abuse of process.
• Adams v. Louie Wainwright
  804 F.2d 1526· 11th Cir.· 1986-11-13 ·cited 74×
  The court held that statements by the trial judge misleading the jury about their sentencing responsibility violated the Eighth Amendment under Caldwell v. Mississippi, and that this claim was not barred by procedural default or abuse of the writ due to a significant change in la
• In re Whetstone
  137 Fla. 712· Fla.· 1939-05-09 ·cited 74×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a natural mother of an illegitimate child is entitled to notice and an opportunity to be heard in adoption proceedings, even after the child has been committed to another party's custody through separate juvenile court proceedings. The Court re
• Knight v. Fla. Dep't of Corr.
  958 F.3d 1035· 11th Cir.· 2020-05-01 ·cited 73×
  Ronald Knight, a death-sentenced Florida inmate, challenged his conviction on the grounds that his trial counsel provided ineffective assistance by failing to adequately investigate and present mitigating evidence at sentencing. The Eleventh Circuit affirmed the district court's
• Doorbal v. State
  983 So. 2d 464· Fla.· 2008-02-14 ·cited 73×
  Noel Doorbal appeals the denial of his rule 3.851 motion to vacate convictions for two counts of first-degree murder and death sentences, and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, finding procedural defe
• Owen v. State
  862 So. 2d 687· Fla.· 2003-10-23 ·cited 73×·via Writ Of Habeas Corpus
  In this capital murder case, the Florida Supreme Court affirmed the death sentence of Duane Owen for the 1984 murder of fourteen-year-old Karen Slattery. This was Owen's second direct appeal for this conviction after his original 1990 conviction was reversed due to Miranda violat
• Cunningham v. Zant
  928 F.2d 1006· 11th Cir.· 1991-03-27 ·cited 73×
  The court held that the trial court's oral jury charge on mitigating circumstances during the sentencing phase was constitutionally deficient, warranting habeas relief, but found the jury charge on intent to be harmless error and the claim of ineffective assistance of counsel to
• Anderson v. State
  18 So. 3d 501· Fla.· 2009-07-09 ·cited 72×·via Writ Of Habeas Corpus
  Fred Anderson appeals the circuit court's denial of his rule 3.851 motion for postconviction relief and petitions for habeas corpus following his 1999 conviction and death sentence for murdering bank employee Heather Young during a robbery. The Florida Supreme Court affirmed the
• Owen v. State
  986 So. 2d 534· Fla.· 2008-05-08 ·cited 72×·via Writ Of Habeas Corpus
  Duane Eugene Owen appeals a circuit court's denial of his Rule 3.851 motion for postconviction relief in a capital murder case, arguing ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the denial, finding that Owen failed to establish eith
• Overton v. State
  976 So. 2d 536· Fla.· 2007-11-29 ·cited 72×·via Writ Of Habeas Corpus
  Thomas Mitchell Overton was convicted of murdering Susan and Michael Macl­vor and sentenced to death. He sought postconviction relief challenging his conviction and sentence, including claims of ineffective assistance of counsel, Brady violations, and denial of DNA testing. The F
• Attwood v. Singletary
  661 So. 2d 1216· Fla.· 1995-10-26 ·cited 72×·via Writ Of Habeas Corpus
  The court held that it has the inherent authority to prevent abuse of the judicial system by requiring pro se litigants to have their filings signed by a member of The Florida Bar.
• Ferguson v. Singletary
  632 So. 2d 53· Fla.· 1993-12-09 ·cited 72×·via Writ Of Habeas Corpus
  John Errol Ferguson, sentenced to death for eight murders, petitions for habeas corpus relief on four grounds: improper resentencing by substitute judge, vague jury instructions on heinous aggravator, involuntary medication during trial, and ineffective appellate counsel. The Flo
• Denhart v. Dugger
  567 So. 2d 1041· Fla. 1st DCA· 1990-10-10 ·cited 72×·via Writ Of Habeas Corpus
• Sanford Thomas v. Wyrick
  535 F.2d 407· 8th Cir.· 1976-04-28 ·cited 72×
  The dissenting judge believes the majority erred in reversing the district court's denial of the habeas corpus petition, finding the possibility of prejudice too speculative.
• Brown v. Lundgren
  528 F.2d 1050· 5th Cir.· 1976-03-18 ·cited 72×·via Writ Of Habeas Corpus
  A federal court's judicial review of a parole release decision is narrowly limited, and habeas corpus is not available unless the prisoner demonstrates that the parole board's action is so unlawful as to make his custody illegal.
• Nelson v. People OF the State OF Cal.
  346 F.2d 73· 9th Cir.· 1965-05-26 ·cited 72×·via Writ Of Habeas Corpus
  The court held that a habeas petitioner is bound by his counsel's deliberate strategic decision to bypass state procedural rules, even if the petitioner disagreed with the decision, absent bad faith or incompetence.
• United States v. Sturm
  180 F.2d 413· 7th Cir.· 1950-03-07 ·cited 72×·via Writ Of Habeas Corpus
  A voluntary guilty plea, entered with the advice of competent counsel, waives all non-jurisdictional defects, including alleged constitutional violations that did not causally lead to the conviction.
• The State of Fla. ex rel. Harlis Sellers v. Parker
  87 Fla. 181· Fla.· 1924-02-21 ·cited 72×·via Writ Of Habeas Corpus
  Harlis Sellers was convicted in Jacksonville Municipal Court of driving under the influence in violation of a city ordinance and sentenced to 30 days imprisonment. On habeas corpus, the Florida Supreme Court upheld the conviction and sentence, rejecting constitutional challenges
• State v. Vestel
  81 Fla. 625· Fla.· 1921-04-25 ·cited 72×·via Habeas Corpus Proceedings
  The Florida Supreme Court upheld a conviction for failure to pay a municipal license tax imposed under a 1911 statute, rejecting a constitutional challenge that the act violated the single-subject rule by including license tax provisions when the title referenced only property ta
• Wyatt v. State
  71 So. 3d 86· Fla.· 2011-07-08 ·cited 71×·via Writ Of Habeas Corpus
  Death penalty case in which a prisoner challenges his 1991 convictions and death sentences for a 1988 triple homicide at a Domino's Pizza restaurant. The Florida Supreme Court affirmed the lower court's denial of postconviction relief, rejecting claims based on discredited compar
• Brown v. State
  894 So. 2d 137· Fla.· 2004-12-02 ·cited 71×·via Writ Of Habeas Corpus
  George Wallace Brown appeals the denial of his Rule 3.850 postconviction motion and habeas petition following his conviction for first-degree murder and armed robbery and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, rejecti
• Smith v. J.D. White
  815 F.2d 1401· 11th Cir.· 1987-05-01 ·cited 71×
  The court held that the evidence was sufficient to support the convictions and that the petitioner did not receive ineffective assistance of counsel or make involuntary statements.
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• State v. Merritt
  86 Fla. 164· Fla.· 1923-07-14 ·cited 71×·via Writ Of Habeas Corpus
  This case reviews a petitioner's appeal of a habeas corpus denial. The appellate court affirmed the lower court's decision because the bill of exceptions, which contained the evidence and proceedings from the hearing, was not properly certified within the required timeframe after
• Terance Valentine v. State
  98 So. 3d 44· Fla.· 2012-05-17 ·cited 70×·via Writ Of Habeas Corpus
  Terance Valentine appeals the denial of his Rule 3.850 motion to vacate his first-degree murder conviction and death sentence for killing Ferdinand Porche in 1988, and petitions for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial of all postconvic
• Gore v. State
  964 So. 2d 1257· Fla.· 2007-07-05 ·cited 70×·via Writ Of Habeas Corpus
  David Alan Gore challenges his death sentence for the 1983 murder of Lynn Elliott through a post-conviction motion and habeas petition. The Florida Supreme Court affirms the denial of post-conviction relief, rejecting claims of prosecutorial misconduct, ineffective assistance of
• Lawrence v. State
  831 So. 2d 121· Fla.· 2002-10-17 ·cited 70×·via Writ Of Habeas Corpus
  Gary Lawrence, a death row inmate, appeals the denial of his Rule 3.850 postconviction motion and habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding that Lawrence's claims of ineffective assistance of counsel and appellate couns
• Adamson v. Ricketts
  865 F.2d 1011· 9th Cir.· 1988-12-22 ·cited 70×
• Wiley v. Sowders
  647 F.2d 642· 6th Cir.· 1981-04-24 ·cited 70×
  A criminal defendant is deprived of effective assistance of counsel when their attorney admits the client's guilt to the jury without first obtaining the client's consent to this strategy.