4,117 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
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The court held that the district court properly dismissed the petition for a writ of habeas corpus without a hearing.
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The court held that the judgment was valid and collateral attack under § 2255 was inappropriate, and that the district judge did not abuse discretion in denying the motion to vacate sentence. The denial of habeas corpus was also affirmed.
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The court held that it had jurisdiction to hear the appeal because the application for a certificate of probable cause was timely filed, and that the district court did not err in denying the habeas corpus petition without a hearing, as the allegations did not demonstrate a viola
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199 F.2d 584·
5th Cir.·
1952-10-28
·cited 12×
The court held that a prisoner cannot obtain a review of a parole revocation decision through habeas corpus in the district where he is held, especially without joining members of the Parole Board.
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The court held that the prisoners' constitutional rights were so clearly violated and their access to review blocked by procedural technicalities that federal intervention via habeas corpus was warranted.
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The court held that the Attorney General abused his discretion in rearresting the appellant and refusing to enlarge him on bail, as there was no evidence of menace to public security or conduct inconsistent with his prior bail.
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The federal court properly denied the writ of habeas corpus because the state courts had already adjudicated the issues and there were no unusual circumstances justifying federal intervention.
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The Florida Supreme Court reversed a trial court's quashing of an information charging Gene Nelson as a second offender for sentencing purposes. The Court held that a prosecutor may file a second offender information after a defendant serves a sentence imposed without proper cons
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The court held that the appellant had not exhausted his state remedies because he failed to seek certiorari from the U.S. Supreme Court after the California Supreme Court denied his habeas corpus petition without opinion.
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161 F.2d 705·
9th Cir.·
1947-05-05
·cited 12×
The court held that dismissing a habeas corpus petition without a hearing, based on a prior denied petition, constitutes an abuse of discretion when the current petition alleges new grounds.
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The court held that a writ of habeas corpus was not an appropriate remedy to challenge a denaturalization decree when appellate remedies were available and had not been exhausted.
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146 F.2d 244·
7th Cir.·
1944-12-08
·cited 12×
Federal courts should not deny a hearing on habeas corpus petitions alleging denial of federal constitutional rights, even if state remedies exist but are practically unavailable or inadequate.
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The court held that there was some evidence to sustain the administrative charges, which is sufficient for review.
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The court held that the appellant's induction was lawful and the draft boards acted fairly, thus denying habeas corpus relief.
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The court held that the federal district court should not have dismissed the habeas corpus petition without a hearing, as the petitioner presented a rare case of peculiar urgency justifying federal intervention.
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This case establishes that habeas corpus is an appropriate remedy to challenge the propriety of a guardianship over an allegedly insane person, not merely its technical legality. The Florida Supreme Court reversed the circuit court's dismissal, holding that courts should inquire
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This case concerns whether an accessory before the fact can be sentenced before the principal offender. The court held that while the conviction of the accessory is permissible, sentencing must await the principal's sentencing.
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Edgar Bennett Davis petitioned the Florida Supreme Court for a writ of habeas corpus after being committed to jail for contempt of court for failure to pay alimony. The Court denied the petition, holding that a Circuit Court's judgment in a prior habeas corpus proceeding is res a
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Rufus Chesser was convicted of first-degree murder and sentenced to death. After exhausting direct appeals, he sought a stay of execution based on claims of post-conviction insanity. The Florida Supreme Court held that inquiries into a convict's sanity after judgment are collater
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Wayne Allen Pula appeals the trial court's denial of his habeas corpus petition seeking release from a life sentence for second-degree murder imposed in 1989. The appellate court affirmed the trial court's order and found the appeal frivolous, referring Pula to the Department of
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Leon Davis, Jr. was convicted and sentenced to death for two murders committed during a robbery at a BP gas station in December 2007, and he subsequently challenged his conviction in postconviction proceedings. The Florida Supreme Court affirmed the denial of Davis's postconvicti
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Louis B. Gaskin, a death row inmate under an active death warrant, appealed the circuit court's summary denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of all relief, finding
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Kim Jackson, convicted and sentenced to death for the murder of Debra Pearce based on DNA and fingerprint evidence, appealed and petitioned for habeas corpus challenging multiple ineffective assistance of trial and appellate counsel claims. The Florida Supreme Court affirmed the
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The appellate court held that the trial court erred in issuing an alias capias warrant and estreating bond when the defendant had waived his presence at a pretrial conference and was not clearly advised that his presence was required.
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Lucious Boyd, a death-row inmate convicted of first-degree murder, sexual battery, and armed kidnapping, challenged his conviction and sentence through a Rule 3.851 postconviction motion and habeas petition. The Florida Supreme Court affirmed the trial court's denial of relief, f
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803 F.3d 541·
11th Cir.·
2015-09-18
·cited 11×
John Gary Hardwick, Jr. was convicted of first-degree murder in 1986 and sentenced to death after a penalty phase in which his trial counsel presented no mitigating evidence. In Hardwick v. Crosby (Hardwick III), the Eleventh Circuit determined that Hardwick was entitled to an ev
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John Steven Huggins appeals the circuit court's denial of his motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postcon
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Harry Lee Butler was convicted of first-degree murder and sentenced to death for killing his former girlfriend Leslie Fleming in 1997. The Florida Supreme Court affirmed his direct appeal conviction in 2003. On appeal of the denial of his post-conviction motion under Rule 3.851 a
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The Florida Supreme Court held that a sexually violent predator respondent under the Jimmy Ryce Act who fails to challenge a trial court's continuance decision through habeas corpus before trial does not waive the claim by raising it on appeal, but cannot obtain release and dismi
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Anthony Fails sought habeas corpus relief challenging his 2004 sexual battery conviction, but the court dismissed the petition as raising claims that could have been raised on direct appeal. After Fails filed 16 unsuccessful prior challenges to the same conviction, the court impo
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The court held that a manifest injustice and denial of due process occurred by denying reconsideration of a habitual felony offender sentence when the trial court erroneously believed a life sentence was mandatory.
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Michael Rogers sought habeas corpus relief challenging a $500,000 bail amount in a capital sexual battery case, arguing it was excessive and effectively no bail. The court denied the petition, holding that without competent evidence of Rogers' financial circumstances presented at
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Joseph Henry Roth, a prison inmate, challenged his presumptive parole release date set by the Florida Parole and Probation Commission through a habeas corpus petition in circuit court. The court of appeal affirmed the circuit court's denial of the petition, holding that the prope
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Kenneth Stewart petitions for a writ of habeas corpus challenging his death sentence for first-degree felony murder and related crimes. The Florida Supreme Court denies the petition, holding that Florida's capital sentencing scheme is constitutional under Ring and Apprendi, and t
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Jackson, a person civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act, petitioned for habeas corpus or mandamus relief claiming the Department failed to provide required annual mental examinations, written notice of release rights, and judicial review.
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The Florida Supreme Court affirmed the trial court's grant of a new penalty phase proceeding for death row inmate J.B. Parker, finding that the State withheld exculpatory evidence (testimony from jail inmate Michael Bryant) that could have changed the outcome of the penalty phase
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The Florida Supreme Court adopted new Rule 3.851 and modified Rule 3.850 to establish a more orderly process for postconviction relief in capital cases. The new rule imposes a one-year filing deadline for Rule 3.850 motions in death penalty cases, requires counsel assignment with
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The appellate court affirmed the conviction for possession of cocaine and drug paraphernalia but reversed the disposition imposed by the trial court.
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613 So. 2d 571·
Fla. 1st DCA·
1993-02-08
·cited 11×
Florida appellate court affirmed summary denial of habeas corpus petition because prisoner failed to allege exhaustion of administrative remedies, despite stating sufficient facts for due process and Eighth Amendment claims.
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The court held that the state trial judge's refusal to give a mitigating circumstance instruction, despite the lack of supporting evidence, violated the Eighth Amendment as explained in Lockett.
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The court held that the order for involuntary commitment was improper because it failed to comply with statutory and rule requirements regarding psychiatric evaluations and consideration of less restrictive alternatives.
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940 F.2d 1065·
7th Cir.·
1991-08-19
·cited 11×
The court held that although counsel's performance was ineffective, the appellant failed to demonstrate prejudice from the ineffective assistance, thus the denial of the habeas petition is affirmed.
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932 F.2d 1360·
11th Cir.·
1991-05-22
·cited 11×
The court held that the district court properly dismissed petitioner's claims as an abuse of the writ, affirming the denial of habeas corpus relief.
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919 F.2d 1091·
6th Cir.·
1990-11-21
·cited 11×
The admission of the appellant's confession, obtained in violation of Miranda rights, was harmless error for both the liability and sentencing phases of the trial. The appellant was not deprived of his constitutional right to psychiatric assistance, and the jury instructions rega
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The court held that a delay in prosecution to await resolution of a critical legal issue regarding the validity of the death penalty statute was reasonable and did not violate the defendant's speedy trial rights, absent a showing of actual prejudice.
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869 F.2d 1247·
9th Cir.·
1989-03-07
·cited 11×
The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest and that his death sentence for deliberate homicide violated the Double Jeopardy Clause.
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866 F.2d 387·
11th Cir.·
1989-02-21
·cited 11×
The court affirmed the denial of the habeas corpus petition, finding no constitutional violations on the merits, despite disagreeing with the procedural bar finding on one claim.
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A consent to adoption, freely and voluntarily given, is irrevocable unless obtained by fraud or duress.
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Gwynn appeals the denial of his habeas corpus petition challenging his detention in county jail for consecutive misdemeanor sentences totaling over one year. The Fifth District affirms, holding that section 922.051 applies only to felony convictions and provides no statutory auth