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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835 F.2d 995·
2d Cir.·
1987-12-22
·cited 11×
The court held that a state prisoner's civil rights action for damages under 42 U.S.C. § 1983, which does not challenge the validity of his conviction or seek release, should not be dismissed for failure to exhaust state remedies, but may be stayed pending the outcome of state co
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815 F.2d 1429·
11th Cir.·
1987-05-04
·cited 11×
The court held that the district court did not err in refusing to consider an unexhausted claim and that Howard's other claims lacked merit.
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814 F.2d 1321·
9th Cir.·
1987-04-10
·cited 11×
The court held that the appellant's original sentence was legal, his probation was properly revoked, and the detainer was lawful, but he is entitled to credit for time spent in state custody and his transfer violated appellate rules.
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809 F.2d 560·
9th Cir.·
1986-12-24
·cited 11×
A nolo contendere plea induced by an attorney's misrepresentation regarding the sentence is involuntary, even if the defendant signs a waiver form and the judge advises them of their rights.
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798 F.2d 1250·
9th Cir.·
1986-09-02
·cited 11×
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The court held that Georgia's statutory scheme for releasing persons committed after acquittal by reason of insanity is constitutional, as it satisfies due process requirements.
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781 F.2d 1516·
11th Cir.·
1986-02-10
·cited 11×
The court held that the voluntariness of a statement for federal habeas review is a matter for independent federal determination, not subject to the presumption of correctness under 28 U.S.C. § 2254(d), and that the Stone v. Powell doctrine does not bar Fifth and Sixth Amendment
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741 F.2d 847·
6th Cir.·
1984-08-16
·cited 11×
The dissenting judge would hold that the Allen charge, combined with other factors, deprived the defendant of his constitutional right to a fair trial and that the error was not harmless.
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735 F.2d 1306·
11th Cir.·
1984-07-06
·cited 11×
The court held that the petitioner's confessions were voluntary and the district court properly denied an evidentiary hearing.
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736 F.2d 533·
9th Cir.·
1984-06-29
·cited 11×
The court held that the failure to state reasons for imposing consecutive sentences does not violate federal due process, and that other claims of constitutional error were without merit.
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708 F.2d 614·
11th Cir.·
1983-06-27
·cited 11×
The court held that the petitioner was denied his constitutional right to effective assistance of counsel due to his attorney's inadequate investigation and preparation.
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564 F. Supp. 459·
M.D. Fla.·
1983-05-05
·cited 11×
The court held that a defendant's expressed unwillingness to raise a defense does not absolve counsel of the responsibility to investigate and present that defense, especially when the defense is the only plausible one.
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694 F.2d 115·
6th Cir.·
1982-12-02
·cited 11×
The court held that the petitioner's 11-year delay in filing a habeas corpus petition prejudiced the state's ability to respond, and the petitioner failed to rebut this prejudice or justify the delay.
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675 F.2d 932·
7th Cir.·
1982-04-19
·cited 11×
The court held that the petitioner established a prima facie case that the state appellate court's finding was not fairly supported by the record, warranting further review.
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The court held that judicial review of exclusion proceedings is limited to habeas corpus after a final order of exclusion is entered, and that plaintiffs lacked standing to challenge procedures prior to such an order.
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The court held that the evidence was sufficient to establish probable cause for extradition and that a prior conviction for conspiracy in the U.S. did not bar extradition for substantive offenses committed in the UK.
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604 F.2d 404·
5th Cir.·
1979-10-12
·cited 11×
The court affirmed the denial of the habeas corpus petition, finding the nolo contendere plea voluntary, the plea bargain not broken, and the arrest claim waived by the plea.
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A prisoner's claim of mistreatment during incarceration does not entitle them to release via habeas corpus, even if the mistreatment violates the Eighth Amendment.
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591 F.2d 1028·
5th Cir.·
1979-03-20
·cited 11×
The court held that a federal parole violator is not entitled to credit for state time served on his federal sentence unless the federal government induced his state guilty plea through representations that violated Santobello, or otherwise implicated itself in the state plea bar
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Fuller was convicted of breaking and entering with intent to commit rape. His appeal was dismissed for late filing, but he obtained a delayed appeal via habeas corpus. The Fourth District affirmed the conviction, finding no constitutional violation in the pretrial identification
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434 F.2d 824·
9th Cir.·
1970-10-09
·cited 11×
The dissenting judge would affirm the district court's denial of the petition for habeas corpus, finding that the petitioner's counsel deliberately waived objections as a matter of trial strategy.
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Parents challenged a juvenile court order placing their minor children in permanent state custody by filing a habeas corpus petition rather than appealing. The Fourth District Court of Appeal affirmed the lower court's dismissal of the habeas corpus writ, holding that habeas corp
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394 F.2d 88·
9th Cir.·
1968-04-17
·cited 11×
The court affirmed the denial of the habeas corpus petition, finding that the state court's resolution of facts after a full hearing was reliable and that there was no suppression of evidence or deliberate bypassing of state procedures.
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The court held that the question of whether the District Judge had the complete record before him was not frivolous and warranted further review.
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The court held that the petitioner's application for a writ of habeas corpus was without merit because 28 U.S.C. § 2255 provides an exclusive remedy for his claims, which he failed to pursue.
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A writ of habeas corpus cannot be used to review a conviction when the petitioner deliberately waived appellate rights and the trial court had jurisdiction.
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The court held that a federal court cannot grant habeas corpus relief until the petitioner has exhausted state remedies, including seeking relief via the writ of error coram nobis in Nebraska courts.
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921 F. 3d 983·
11th Cir.·
2020-07-14
·cited 10×
The Eleventh Circuit held that a noncompliant state postconviction motion, if later refiled in compliant form, tolls the federal habeas limitations period from the date of the initial filing.
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A constitutional amendment removing a prohibition on retroactive application of criminal statutes does not itself require the Legislature to apply amended statutes retroactively, nor does it entitle a death-row inmate to relief when his conviction and sentence were final years be
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Oscar Ray Bolin, Jr., a death row inmate scheduled for execution, appealed the denial of successive postconviction motions claiming newly discovered evidence (a confession by inmate Steven Kasler) and Brady violations. The Florida Supreme Court affirmed the circuit court's denial
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Derrick McLean appeals the denial of his post-conviction motion and habeas petition following his conviction for the 2004 first-degree murder of 15-year-old Jahvon Thompson and death sentence. The Florida Supreme Court affirmed the denial of all post-conviction claims and rejecte
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The court held that mailing notice to a defendant's last known address is insufficient to establish willful failure to appear if the defendant has no duty to update their address with the court and has provided a new address to pretrial supervision.
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A incarcerated petitioner seeks habeas corpus relief to prevent a hearing into the source of funds for bail posting. The Florida appellate court upholds the trial court's authority under state statute and rules to inquire into bail fund sources, rejecting the petitioner's argumen
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956 So. 2d 1292·
Fla. 4th DCA·
2007-06-06
·cited 10×
Court granted habeas corpus petition and quashed bond forfeiture order because trial court failed to make required findings that defendant's failures to appear were willful before denying bond reinstatement.
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A.K., a juvenile detained on a pick-up order for failure to appear, sought habeas corpus relief after the trial court quashed the pick-up order but continued his secure detention for 21 days without statutory authority. The court held that a failure to appear alone does not suppo
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Gary Barnard appealed the denial of his sixth postconviction habeas corpus petition. The Florida Court of Appeal affirmed the denial, finding the petition both untimely and procedurally barred because the issues raised were collateral attacks that could have been brought on direc
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938 So. 2d 584·
Fla. 1st DCA·
2006-09-27
·cited 10×
The court held that the juveniles were improperly held in secure detention because their actions did not meet the definition of 'absconding' as required by statute and DJJ's handbook.
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This case addresses whether Florida's Jimmy Ryce Act (civil commitment statute for sexually violent predators) applies to a defendant who was erroneously released from custody before civil commitment proceedings were instituted. The Fifth District Court of Appeal held that the Ac
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Rodnye Baroulette petitioned for a writ of habeas corpus after being held in custody on probation violation charges despite his probationary period having expired. The court granted the petition, holding that a trial court lacks jurisdiction to revoke probation after the probatio
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K.M., a juvenile arrested for petit theft, was ordered into secure detention despite a Risk Assessment Instrument score authorizing nonsecure detention. The court granted her habeas corpus petition, holding that the trial court must either provide written findings meeting statuto
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Jose Luis Rodriguez sought habeas corpus relief challenging a $75,000 bond increase imposed after his initial arrest on aggravated battery and animal cruelty charges. The Florida Third District Court of Appeal held that the trial court abused its discretion in increasing the bond
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Michael George Bruno petitions for habeas corpus following his conviction and death sentence for the 1986 murder of Lionel Merlano. The Florida Supreme Court denies the petition, rejecting claims that appellate counsel was ineffective, that harmless error analysis was inadequate,
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A defendant found incompetent to stand trial cannot be detained in jail beyond the statutory 15-day limit for forensic placement, and mandamus is the appropriate remedy to compel the Department of Children and Families to take custody.
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James Latalian challenged his probation violation sentence after the sentencing guidelines scoresheet used at his original sentencing was invalidated by Heggs v. State. The court granted relief and resentenced him, but the Fourth District reversed and remanded because Latalian ha
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The denial of the petition for writ of habeas corpus is affirmed because it was an improper method for collateral attack and filed in the wrong venue.
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The Department of Juvenile Justice lost jurisdiction over the juvenile because aftercare was not properly ordered in the original disposition or validly transferred.
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The court held that appellate counsel was ineffective for failing to raise the issue of an improper peremptory strike, entitling the petitioner to a belated appeal and a new trial.
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This case concerns a mother's attempt to appeal the termination of her parental rights after her notice of appeal was untimely filed. The court explains the procedural steps available for such situations, ultimately dismissing the current appeal for lack of jurisdiction.