Habeas Corpus Petition

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

• McCANN v. Moore
  763 So. 2d 556· Fla. 4th DCA· 2000-08-02 ·cited 10×·via Writ Of Habeas Corpus
  Florida appellate court granted habeas corpus petition for ineffective assistance of appellate counsel where counsel failed to cite controlling First District precedent that would have prevented conviction for attempted procurement, requiring reversal and reduction to solicitatio
• Merrick Magnus v. State
  738 So. 2d 446· Fla. 4th DCA· 1999-07-21 ·cited 10×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus must be filed in the county where the prisoner is detained, and the trial court should transfer it if filed in the wrong venue.
• Basse v. State
  740 So. 2d 518· Fla.· 1999-06-10 ·cited 10×·via Writ Of Habeas Corpus
  Courts possess the inherent authority to impose reasonable page limits on extraordinary writ petitions, and petitioners must be allowed to demonstrate good cause for exceeding such limits.
• A.M.W. v. Portesy
  714 So. 2d 1170· Fla. 2d DCA· 1998-07-29 ·cited 10×·via Writ Of Habeas Corpus
  A juvenile petitioner challenged his placement in secure detention for a second twenty-one-day period after being taken into custody on a failure-to-appear charge. The court held that the trial court lacked authority to issue the pick-up order for failure to appear without proper
• A.W. v. State
  711 So. 2d 598· Fla. 5th DCA· 1998-05-01 ·cited 10×·via Writ Of Habeas Corpus
  A minor in state custody sought habeas corpus relief to challenge extended detention pending placement in a moderate-risk residential facility. The appellate court granted the writ, holding that statutory authority to extend detention beyond five days rests exclusively with the D
• Bowers v. Jenne
  710 So. 2d 681· Fla. 4th DCA· 1998-04-27 ·cited 10×·via Writ Of Habeas Corpus
  The court granted Bowers' petition for writ of habeas corpus, holding that the trial court improperly increased his bond sua sponte without adequate notice or a motion from the state. The decision clarifies that trial courts lack authority to increase bond on their own motion and
• Johnston v. State
  708 So. 2d 590· Fla.· 1998-03-05 ·cited 10×·via Writ Of Habeas Corpus
  David Eugene Johnston, convicted and sentenced to death in 1984 for first-degree murder, challenged his death sentence through postconviction relief and habeas corpus, arguing the heinous, atrocious, or cruel (HAC) jury instruction was unconstitutionally vague following the U.S.
• Renny Ray Dubois v. State
  705 So. 2d 713· Fla. 1st DCA· 1998-02-17 ·cited 10×·via Writ Of Habeas Corpus
  DuBois sought habeas corpus relief and a belated appeal, claiming ineffective assistance of counsel for failing to file a timely notice of appeal. The trial court dismissed the habeas petition and denied the motion for belated appeal. The appellate court affirmed the habeas dismi
• Pressley v. Singletary
  724 So. 2d 97· Fla.· 1997-12-30 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the Parole Commission cannot transfer an inmate's Conditional Release supervision to the end of their overall sentence for offenses committed before the 1997 amendment, regardless of gain time accrued.
• McLEROY v. State
  704 So. 2d 151· Fla. 5th DCA· 1997-12-05 ·cited 10×·via Writ Of Habeas Corpus
  The appellate court held that the circuit court lacked jurisdiction to hear the petition for writ of habeas corpus because it was filed in the wrong judicial circuit.
• Torres v. State
  700 So. 2d 1247· Fla. 5th DCA· 1997-10-24 ·cited 10×·via Writ Of Habeas Corpus
• Wyatt v. State
  697 So. 2d 1289· Fla. 5th DCA· 1997-08-15 ·cited 10×·via Writ Of Habeas Corpus
  Thomas Wyatt challenges the dismissal of his 1989 robbery appeal for failure to pay filing fees or file an affidavit of indigency. The court grants his petition for writ of habeas corpus, finding that his appellate counsel was ineffective for failing to seek a remand to obtain an
• Dixon v. Singletary
  672 So. 2d 602· Fla. 3d DCA· 1996-04-24 ·cited 10×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to raise a meritorious double jeopardy claim based on controlling precedent, and that a sentencing issue also required remand.
• Parker v. Dugger
  660 So. 2d 1386· Fla.· 1995-10-05 ·cited 10×·via Habeas Corpus Relief
  Robert Lacy Parker, sentenced to death for two first-degree murders, sought habeas corpus relief and appealed the denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court denied habeas relief but reversed the trial court's procedurally-based denial of
• Leone v. State
  657 So. 2d 26· Fla. 5th DCA· 1995-06-09 ·cited 10×·via Writ Of Habeas Corpus
• Doyle v. Singletary
  655 So. 2d 1120· Fla.· 1995-06-01 ·cited 10×·via Writ Of Habeas Corpus
  Daniel Lee Doyle, a death row inmate, petitioned for habeas corpus relief raising four claims including vagueness of jury instructions on the heinous, atrocious, or cruel aggravating factor and ineffective assistance of counsel. The Florida Supreme Court denied the petition, find
• Rooney v. State
  632 So. 2d 212· Fla. 5th DCA· 1994-02-18 ·cited 10×·via Writ Of Habeas Corpus
• Beres Waite v. Singletary
  632 So. 2d 192· Fla. 3d DCA· 1994-02-15 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the petitioner was not entitled to provisional release credits and could be recommitted, as there is no constitutional impediment to the retroactive cancellation of such credits when an inmate is released by mistake.
• Campbell v. Fla. Parole Comm'n
  630 So. 2d 1210· Fla. 1st DCA· 1994-01-20 ·cited 10×·via Writ Of Habeas Corpus
  Campbell challenged a trial court's denial of his mandamus petition against the Florida Parole Commission, raising claims about his presumptive parole release date and parole revocation proceedings. The appellate court affirmed the denial regarding the parole release date claims
• R.R. v. Portesy
  629 So. 2d 1059· Fla. 1st DCA· 1994-01-03 ·cited 10×·via Writ Of Habeas Corpus
  A juvenile challenged a secure detention order issued after a hearing conducted via video-telephone while he remained at a detention center rather than being physically present in the judge's chambers. The Florida appellate court held that the video-telephone procedure violated j
• Richardson v. State
  624 So. 2d 804· Fla. 1st DCA· 1993-09-27 ·cited 10×·via Writ Of Habeas Corpus
• Blair v. Armontrout
  976 F.2d 1130· 8th Cir.· 1992-09-18 ·cited 10×
  The court held that the prosecutor's systematic use of peremptory challenges to exclude black jurors, coupled with appeals to racial prejudice in closing arguments, violated the defendant's right to a fair trial and entitled him to a new trial.
• Burton v. Johnson
  975 F.2d 690· 10th Cir.· 1992-09-11 ·cited 10×·via Writ Of Habeas Corpus
  The Tenth Circuit held that its prior mandate affirmed the district court's remedy, not superseded it, and that the district court retained jurisdiction to interpret its original order regarding permanent discharge.
• Hardiman v. Reynolds
  971 F.2d 500· 10th Cir.· 1992-07-20 ·cited 10×
  A court may raise the defense of state procedural default sua sponte in a § 2254 habeas action, but must provide the petitioner an opportunity to respond. Ineffective assistance of counsel can constitute cause to excuse such a default.
• McCOY v. A.L. Lockhart
  969 F.2d 649· 8th Cir.· 1992-07-10 ·cited 10×
  The court held that the new 'clear and convincing evidence' standard from Sawyer v. Whitley applies to challenges to convictions, not just death sentences, and remanded the case for application of this standard.
• Sharpton v. Hon. John C. Turner Jr.
  964 F.2d 1284· 2d Cir.· 1992-05-19 ·cited 10×
  The court held that prosecuting state tax law violations after a prior prosecution for related offenses does not violate the Double Jeopardy Clause, as the conduct used to prove one offense is not the same as prosecuting that conduct.
• Kennedy v. Singletary
  599 So. 2d 991· Fla.· 1992-04-30 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the petitioner's claims were procedurally barred and affirmed the trial court's denial of relief.
• Kavin Wayne Lincecum v. Collins
  958 F.2d 1271· 5th Cir.· 1992-04-07 ·cited 10×
  The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, and that the district court did not err in denying an evidentiary hearing on claims of ineffective assistance of counsel and unconstitutionality of the death penalty stat
• Jihaad A.M.E. Saahir v. Collins
  956 F.2d 115· 5th Cir.· 1992-03-25 ·cited 10×
  A pro se habeas petitioner is held to the same standard of 'cause' for failing to raise claims in prior petitions as a represented petitioner, and the petitioner here failed to show cause or a fundamental miscarriage of justice.
• Baxter v. Gavin K. Letts
  592 So. 2d 1089· Fla.· 1992-02-06 ·cited 10×
  Florida Supreme Court vacated a district court decision that increased Baxter's sentence on the State's appeal because Baxter was denied his constitutional right to counsel during that appellate proceeding.
• Paradis v. A.J. Arave
  954 F.2d 1483· 9th Cir.· 1992-01-23 ·cited 10×
  The court held that the circumstantial evidence was sufficient to support the jury's finding that the murder occurred in Idaho, and that the admission of evidence relating to another murder for which the defendant was acquitted did not violate due process or double jeopardy. The
• Lafferty v. Cook
  949 F.2d 1546· 10th Cir.· 1991-12-09 ·cited 10×·via Habeas Corpus Relief
  The court held that the trial court's determination of competency to stand trial, when supported by the record and applying the correct legal standard, is entitled to deference and should not be overturned on appeal.
• Anson Avery Maynard v. Dixon
  943 F.2d 407· 4th Cir.· 1991-08-19 ·cited 10×
  The court held that the district court did not err in denying the habeas petition, affirming the denial of summary judgment on all grounds.
• Swafford v. Singletary
  584 So. 2d 5· Fla.· 1991-08-15 ·cited 10×·via Writ Of Habeas Corpus
  The petition for a writ of habeas corpus is denied because the attorney's involvement was minimal and the petitioner could not have been prejudiced.
• Byrd v. Delo
  942 F.2d 1226· 8th Cir.· 1991-08-14 ·cited 10×
  The court denied the motion for stay of execution and suggestion for rehearing en banc.
• Clark A. Bailey v. Gardebring
  940 F.2d 1150· 8th Cir.· 1991-07-26 ·cited 10×
  The dissent argues that the new Minnesota parole regulations constitute a law for ex post facto purposes because they are binding on the agency and lack discretion, unlike federal guidelines. The dissent would find the regulations violate the ex post facto clause.
• Taylor v. Whitley
  933 F.2d 325· 5th Cir.· 1991-06-13 ·cited 10×
  A voluntary and intelligent guilty plea waives the right to collaterally attack convictions on double jeopardy grounds, unless the violation is apparent on the face of the indictment or record.
• Hunter v. Clark
  934 F.2d 856· 7th Cir.· 1991-06-06 ·cited 10×
  The court held that the trial court erred in not granting the defendant's request for a no-inference instruction, and that severance was not a constitutionally acceptable alternative.
• Hull v. Freeman
  932 F.2d 159· 3d Cir.· 1991-05-10 ·cited 10×
  The court held that the district court's order provisionally granting habeas corpus was a final, appealable decision, and that the procedural default doctrine did not bar review of the petitioner's claim. The court vacated the district court's order and remanded for clarification
• Knox v. Collins
  928 F.2d 657· 5th Cir.· 1991-03-28 ·cited 10×
  The court held that the trial court's failure to provide a promised parole instruction, after allowing voir dire on the issue, impaired the defendant's right to intelligently exercise peremptory challenges, violating due process.
• United States v. Murdock
  928 F.2d 293· 8th Cir.· 1991-03-20 ·cited 10×
  The court affirmed the convictions, finding that identification procedures were not impermissibly suggestive, the refusal to sever counts was not an abuse of discretion, the search of belongings was consensual, and the initial stop was supported by probable cause.
• Tucker v. Carlson
  925 F.2d 330· 9th Cir.· 1991-02-05 ·cited 10×
  The court held that a federal prisoner's civil rights complaint challenging the fact or duration of confinement must be construed as a habeas corpus petition, and claims for damages as a Bivens action.
• Grooms v. Solem
  923 F.2d 88· 8th Cir.· 1991-01-08 ·cited 10×
  The court held that trial counsel's failure to investigate a potential alibi defense and seek a continuance constituted ineffective assistance of counsel, and this deficiency prejudiced the defendant.
• Becton v. Talmadge Barnett
  920 F.2d 1190· 4th Cir.· 1990-12-26 ·cited 10×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing when the petitioner raised colorable claims of ineffective assistance of counsel regarding failure to investigate competency and failure to appeal.
• Robinson v. Borg
  918 F.2d 1387· 9th Cir.· 1990-10-30 ·cited 10×
  A suspect's statement, "I have to get me a good lawyer, man. Can I make a phone call?", made during custodial interrogation, constitutes an unequivocal request for counsel, requiring cessation of all questioning.
• Walton v. Caspari
  916 F.2d 1352· 8th Cir.· 1990-10-16 ·cited 10×
  The court affirmed the district court's conditional grant of habeas corpus, holding that the prosecutor's discriminatory use of peremptory challenges violated the Equal Protection Clause and that the Garrett decision applied retroactively.
• Bailey v. Cowley
  914 F.2d 1438· 10th Cir.· 1990-09-25 ·cited 10×
  The court held that a guilty plea is not rendered involuntary or unintelligent by the defendant's fear of using a prior conviction that was later invalidated, especially when the prior conviction was not used for impeachment or sentence enhancement and the plea was entered to a l
• Blair v. Armontrout
  916 F.2d 1310· 8th Cir.· 1990-09-24 ·cited 10×
  The court held that the state court's factual finding that no deal existed between the prosecutor and a key witness was supported by the record and thus presumed correct, meaning no knowing use of perjured testimony occurred. The court also held that the defendant's waiver of Mir
• Doganiere v. United States
  914 F.2d 165· 9th Cir.· 1990-09-07 ·cited 10×
  The court held that the district court's failure to attach required findings to the presentence report was a ministerial error that could be corrected by ordering the report amended, and that the prisoner's other claims lacked merit.
• Orsini v. Wallace
  913 F.2d 474· 8th Cir.· 1990-08-31 ·cited 10×
  A magistrate has jurisdiction to enter final judgment in a habeas corpus case upon consent of the parties, and withheld evidence is material only if there is a reasonable probability that its disclosure would have changed the outcome of the proceeding.