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
-
The court held that the petitioner was not denied his constitutional right to counsel and that the trial court did not abuse its discretion regarding courtroom security and restraints.
-
The court held that the relator failed to make a clear and convincing showing that the denial of bail was without reasonable foundation.
-
188 F.2d 130·
1st Cir.·
1951-03-15
·cited 10×
The court affirmed the dismissal of the habeas corpus petition, finding that the state courts afforded the petitioner a constitutionally adequate opportunity to prove his claims.
-
A writ of habeas corpus cannot issue to challenge a sentence when the petitioner is lawfully detained under another valid sentence.
-
The court held that the petitioner waived any defect in the oath administration by his subsequent actions and conduct, and thus the court-martial had jurisdiction.
-
A unanimous vote is not required for conviction of an offense where the death penalty is permissive but not mandatory under the Articles of War.
-
The court held that the district court erred in summarily denying the petition for a writ of habeas corpus without a hearing, as the appellant's allegations, if true, presented a case for federal review.
-
The court held that the National Firearms Act permits multiple punishments for distinct violations, even if arising from the same event or involving the same firearm.
-
144 F.2d 63·
10th Cir.·
1944-07-05
·cited 10×
The court held that the appellant failed to demonstrate ineffective assistance of counsel or any prejudice arising from joint representation.
-
The court held that a writ of habeas corpus cannot be used to raise issues concerning the admissibility of evidence that could have been raised on direct appeal.
-
139 F.2d 117·
9th Cir.·
1943-12-07
·cited 10×
The court held that a guilty plea entered with counsel present, even if preceded by confessions obtained in violation of McNabb, is valid if the confessions were not used in the proceedings where the plea was entered.
-
137 F.2d 940·
8th Cir.·
1943-10-06
·cited 10×
The court held that the petition to vacate sentences was untimely and that the indictments were valid, affirming the dismissal.
-
The court held that the appellant's claims of fraud and procedural errors did not render his detention illegal, and thus habeas corpus relief was not warranted.
-
The court held that there is no statutory authority to hear an appeal from an order denying a writ of habeas corpus testing the validity of a removal warrant.
-
The court held that a federal district court should not grant a writ of habeas corpus when state remedies have been exhausted but the petitioner has not sought review in the U.S. Supreme Court.
-
This case concerns whether operating a passenger automobile for compensation on public highways, even for a single trip, constitutes a violation of Florida's motor vehicle transportation laws. The court reversed a lower court's discharge of a defendant, finding that the facts pre
-
The Florida Supreme Court affirmed a lower court's decision to quash a writ of habeas corpus, holding that a challenge to the statute of limitations on a criminal charge is a matter for trial, not habeas corpus.
-
64 F.4th 1264·
11th Cir.·
2023-04-11
·cited 9×
The court affirmed the denial of the habeas petition, finding no Brady violation and that any deficient performance by trial counsel was not prejudicial.
-
Edward Covington, who pleaded guilty to murdering his girlfriend and her two young children in 2008, appealed the denial of his motion for postconviction relief and petition for habeas corpus seeking to vacate his death sentences. The Florida Supreme Court affirmed the trial cour
-
935 F.3d 1176·
11th Cir.·
2019-08-21
·cited 9×
The court held that the district court correctly dismissed the petitioner's second federal habeas petition for lack of jurisdiction because he failed to obtain authorization from the court of appeals before filing it, as required by AEDPA.
-
Murray appeals a postconviction denial of most relief claims after being convicted of first-degree murder and sentenced to death in 1990. The Florida Supreme Court affirms the trial court's grant of a new penalty phase pursuant to Hurst but denies all other relief claims, rejecti
-
Michael Duane Zack III appeals a circuit court's denial of his motion to vacate his 1997 first-degree murder conviction and death sentence, claiming entitlement to a hearing on intellectual disability under Hall v. Florida and asserting a constitutional violation under Hurst v. F
-
The court held that while the first appearance judge erred in failing to determine if the probable cause affidavit established proof of guilt was evident or the presumption was great, this error was harmless because the affidavit did establish such proof.
-
David Snelgrove was convicted and sentenced to death for murdering an elderly couple in 2000. The Florida Supreme Court affirmed the denial of his post-conviction motion challenging his conviction and claims of ineffective counsel, but vacated his death sentences and ordered a ne
-
John Lee Hampton was convicted of first-degree murder and sentenced to death for the 2007 killing of Renee McKinness in Clearwater, Florida. The Florida Supreme Court affirmed the denial of post-conviction relief on guilt-phase ineffective assistance claims and intellectual disab
-
Donald Lenneth Banks was convicted of first-degree murder and sentenced to death for the 2005 stabbing death of Linda Volum. The Florida Supreme Court affirmed his conviction and guilt-phase claims, but vacated his death sentence due to the Hurst v. Florida decision requiring jur
-
Thomas Parrish, who pleaded guilty to armed robbery, kidnapping, aggravated battery, and sexual battery and received a 25-year sentence, petitioned for a writ of habeas corpus to obtain a belated appeal. The court appointed a commissioner to hold an evidentiary hearing to resolve
-
Dwight T. Eaglin was convicted and sentenced to death for murdering a correctional officer and inmate while attempting to escape from prison. The Florida Supreme Court affirmed the postconviction court's denial of his ineffective assistance of counsel claims and rejected his habe
-
Preston petitioned for habeas corpus challenging a no-bond detention order entered at his first appearance on armed robbery charges. The Florida Second District Court of Appeal granted the petition, holding that the criminal report affidavit submitted was legally insufficient und
-
The appellate court affirmed the denial of a motion to vacate convictions but reversed the denial of a motion to vacate sentences, finding that the sentencing procedure for mentally disordered sex offenders was not followed.
-
Sidney Davis appeals the denial of his habeas corpus petition seeking release from a life sentence imposed for second-degree burglary in 1976. The court reverses and remands, directing that Davis's challenge be reframed as a motion to correct an illegal sentence under Florida Rul
-
Lorenzo Etienne appeals the denial of his habeas corpus petition, claiming that the forfeiture of gain time earned on a prior prison sentence violated the terms of his plea agreement. The court reversed, holding that while Etienne was not entitled to credit for all time previousl
-
Tremaine Bailem petitioned for writs of habeas corpus and mandamus to compel the trial court to transport him to testify at an evidentiary hearing on his postconviction relief motion. The Florida appellate court denied both petitions, finding that mandamus was inappropriate becau
-
Julian Watts appealed the dismissal of his habeas corpus petition challenging his 35-year resentence imposed in October 2006 for violating probation. The court reversed, holding that while habeas corpus was improper, the circuit court should have treated the petition as a motion
-
980 So. 2d 588·
Fla. 2d DCA·
2008-04-30
·cited 9×
The court held that the circuit court erred in dismissing the petition for failure to exhaust administrative remedies without first determining the proper venue.
-
Donald Raymond Ivey petitioned for habeas corpus challenging his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, claiming ineffective assistance of trial counsel. The Second District Court of Appeal denied the petition but certified a question of g
-
In this juvenile habeas corpus proceeding, K.P. challenges a trial court's order placing him in secure detention for fifteen days pending placement in a moderate-risk residential program. The appellate court found that the trial court lacked authority to order secure detention be
-
Roy Lee Wilson petitioned for habeas corpus claiming his trial counsel was ineffective for failing to raise that the trial court committed fundamental error by using "and/or" in jury instructions. The Florida Court of Appeal denied the petition, holding that the use of "and/or" b
-
917 So. 2d 1015·
Fla. 1st DCA·
2006-01-05
·cited 9×
-
Roberto Camara sought habeas corpus relief challenging his $5,000,000 bond set in a first-degree murder case. The court granted the petition and remanded for a full evidentiary hearing on Camara's financial resources, finding the bond hearing was insufficient because no testimony
-
A Florida appellate court granted a habeas corpus petition and quashed a bond revocation order, holding that the trial court erred in finding the defendant's letter to the victim was "new information" when substantial portions of it had already been presented to the first appeara
-
Charles W. Finney, convicted and sentenced to death for the 1991 murder of Sandra Sutherland, appeals the denial of his first motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus. The Florida Supreme Court affir
-
Alphonso Smith appealed the denial of his habeas corpus petition challenging his detention under Florida's Jimmy Ryce Act. Smith argued he was unlawfully detained because his sentences included an illegal concurrent probation and incarceration term that should have resulted in hi
-
Michael Azadi petitioned for habeas corpus challenging his pretrial detention order. The court reversed the detention order because it was based exclusively on hearsay evidence (an arrest affidavit), which violates Florida Rule of Criminal Procedure 3.132(c)(1).
-
A juvenile petitioner sought habeas corpus relief claiming double jeopardy violations after a trial court imposed additional detention time from a previously suspended contempt sentence. The appellate court agreed the trial court violated double jeopardy protections by increasing
-
The Fourth District Court of Appeal granted a petition for writ of habeas corpus seeking reduction of pretrial bond for a defendant charged with sexual battery and kidnapping. The court found that a $200,000 bond was effectively no bond for an indigent defendant with community ti
-
696 So. 2d 490·
Fla. 4th DCA·
1997-07-02
·cited 9×
Curt Baber appeals the trial court's summary denial of his motion for post-conviction relief based on the court's alleged lack of subject matter jurisdiction due to a simultaneously pending habeas corpus petition. The court reverses and remands, holding that trial courts have jur
-
A civil contempt order for incarceration requires an affirmative finding that the obligor has the present ability to pay the purge amount.
-
The court held that a sentence imposed under a statute not in existence at the time of the offense is illegal and must be reversed. The court also affirmed the denial of the motion to withdraw pleas for other counts.
-
The court held that the Des Plaines confession was voluntary and that the Batson claim was barred by Teague v. Lane because Powers v. Ohio announced a new rule.