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

• United States ex rel. Charles Clark v. Fike
  538 F.2d 750· 7th Cir.· 1976-07-13 ·cited 70×
  The court held that the petitioner's claims of prosecutorial misconduct and improper identification procedures did not rise to the level of constitutional error denying a fair trial.
• Blair v. The People OF the State OF Cal.
  340 F.2d 741· 9th Cir.· 1965-01-06 ·cited 70×·via Application For Writ Of Habeas Corpus
  A state prisoner must exhaust state remedies for issues arising from new Supreme Court decisions before seeking federal habeas corpus relief.
• Digirogio v. Digirogio
  153 Fla. 24· Fla.· 1943-05-18 ·cited 70×·via Habeas Corpus For Child Custody
  A mother sought custody of her six-year-old son via habeas corpus based on a separation agreement with the child's father. The trial court, emphasizing the parents' California residence, awarded custody to the mother without hearing evidence on the material issues of parental fit
• Freund v. Butterworth
  165 F.3d 839· 11th Cir.· 1999-01-22 ·cited 69×
  John Freund was convicted of first-degree murder for stabbing Ralph Walker to death in 1984 and sentenced to life imprisonment. Freund challenged his conviction on habeas corpus, alleging that his trial counsel at the law firm Foley, Colton and Duncan labored under conflicts of i
• Medina v. Dugger
  586 So. 2d 317· Fla.· 1991-08-22 ·cited 69×·via Writ Of Habeas Corpus
  Pedro Medina, a death row inmate, petitioned for a writ of habeas corpus challenging his murder conviction and death sentence. The Florida Supreme Court denied the petition, finding that most issues were procedurally barred because they had been raised or could have been raised o
• Bertolotti v. Dugger
  883 F.2d 1503· 11th Cir.· 1989-08-31 ·cited 69×
  The court held that the district court did not abuse its discretion in denying an evidentiary hearing on the ineffective assistance of counsel claim, and that counsel's performance was not deficient under the Sixth Amendment.
• Lukehart v. State
  70 So. 3d 503· Fla.· 2011-06-23 ·cited 68×·via Writ Of Habeas Corpus
  Andrew Lukehart was convicted of first-degree murder for killing a five-month-old infant and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence in this postconviction appeal and habeas petition, rejecting numerous claims of ineffective assist
• Everett v. State
  54 So. 3d 464· Fla.· 2010-10-14 ·cited 68×·via Writ Of Habeas Corpus
  Paul Everett appeals the denial of his motion for postconviction relief and habeas corpus petition in a death penalty case for the 2001 murder, sexual battery, and burglary of Kelly M. Bailey. The Florida Supreme Court affirmed the conviction and death sentence, rejecting all cla
• Patton v. State
  878 So. 2d 368· Fla.· 2004-05-20 ·cited 68×·via Writ Of Habeas Corpus
  Robert Patton appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus review following his conviction for first-degree murder and death sentence in the 1981 shooting death of a Miami police officer. The Florida Supreme C
• Johnson v. Singletary
  938 F.2d 1166· 11th Cir.· 1991-07-25 ·cited 68×
  Marvin Edwin Johnson, a Florida death row inmate, appealed the district court's denial of his second federal habeas corpus petition challenging his death sentence for a 1978 pharmacy robbery and murder. The panel majority had concluded Johnson was entitled to an evidentiary heari
• Swafford v. Dugger
  569 So. 2d 1264· Fla.· 1990-11-14 ·cited 68×·via Writ Of Habeas Corpus
  Roy Swafford, a death row inmate, petitioned for habeas corpus and appealed the denial of his postconviction motion, raising claims of ineffective assistance of counsel, Brady violations, improper victim impact evidence, and instructional error. The Florida Supreme Court rejected
• Adams v. Dugger
  816 F.2d 1493· 11th Cir.· 1987-04-23 ·cited 68×
  The court held that the district court abused its discretion by finding the petitioner's Caldwell claim procedurally barred, as the legal basis for the claim was not reasonably available at the time of the petitioner's procedural default.
• Peek v. Kemp
  784 F.2d 1479· 11th Cir.· 1986-03-05 ·cited 68×·via Habeas Corpus Relief
  The court held that the trial court did not commit constitutional error by failing to personally question a juror before excusing him due to illness, nor by failing to instruct the jury to begin deliberations anew after substituting an alternate juror. The court also found that t
• Anderson v. Maggio
  555 F.2d 447· 5th Cir.· 1977-07-05 ·cited 68×·via Habeas Corpus Relief
  The court held that the state trial court's admission of photographs for identification and the admission of a gun into evidence did not violate due process, and that newly discovered evidence and insufficiency of evidence are not grounds for federal habeas corpus relief unless t
• Higgins v. Louie L. Wainwright
  424 F.2d 177· 5th Cir.· 1970-03-25 ·cited 68×·via Writ Of Habeas Corpus
  The court held that the district court properly denied the habeas corpus petition without an evidentiary hearing.
• Jones v. Huff
  152 F.2d 14· D.C. Cir.· 1945-11-26 ·cited 68×
  The court held that the allegations in the petition, if true, demonstrate that the petitioner was denied a fair trial and that the lower court erred in denying a hearing.
• Middleton v. Dugger
  849 F.2d 491· 11th Cir.· 1988-06-22 ·cited 67×·via Habeas Corpus Relief
  The court held that the petitioner received ineffective assistance of counsel at his sentencing, entitling him to a new sentencing proceeding.
• McCUTCHEON v. State
  44 So. 3d 156· Fla. 4th DCA· 2010-08-18 ·cited 66×·via Writ Of Habeas Corpus
  Rodney McCutcheon, a serial postconviction filer with at least 50 cases in this court since his 1972 sexual battery conviction, appeals the denial of five consolidated postconviction motions and habeas corpus petitions challenging various convictions and the jurisdiction of state
• Cleo Douglas LeCROY v. Dugger
  727 So. 2d 236· Fla.· 1998-12-24 ·cited 66×·via Writ Of Habeas Corpus
  Cleo LeCroy, convicted of two murders committed during a 1981 robbery and sentenced to death, appeals the denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus. The Florida Supreme Court affirms the denial of post-convicti
• Downs v. State
  572 So. 2d 895· Fla.· 1990-09-20 ·cited 66×·via Petition For Habeas Corpus Relief
  Ernest Charles Downs was convicted of first-degree murder and conspiracy in 1977 and sentenced to death. After this Court granted relief based on a substantial change in law (Hitchcock v. Dugger), Downs was resentenced in 1989, and the trial court reimposed the death sentence fol
• Harmon v. Barton
  894 F.2d 1268· 11th Cir.· 1990-02-20 ·cited 66×
  A state court's per curiam affirmance of a lower court's decision explicitly based on procedural default constitutes a clear and express statement of reliance on an independent and adequate state ground, barring federal habeas review.
• Johnson v. State
  536 So. 2d 1009· Fla.· 1988-12-01 ·cited 66×·via Habeas Corpus Relief
  Johnson, convicted of first-degree murder and sentenced to death in 1979, appealed the trial court's denial of his Rule 3.850 postconviction motion as untimely filed. The Florida Supreme Court affirmed the denial, holding that Johnson's motion filed in April 1988 violated the two
• Dominque v. Telb
  831 F.2d 673· 6th Cir.· 1987-10-23 ·cited 66×·via Writ Of Habeas Corpus
  The court held that the district court erred in placing the burden on the defendant to prove entitlement to qualified immunity and in treating the legal question of whether the law was clearly established as a material issue of fact.
• McCRAE v. State
  510 So. 2d 874· Fla.· 1987-06-18 ·cited 66×
  James McCrae appeals the denial of his Rule 3.850 post-conviction relief motion following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms the denial of most ineffective assistance of counsel claims but reverses and remands for resenten
• Bashor v. Risley
  730 F.2d 1228· 9th Cir.· 1984-02-07 ·cited 66×
  The court held that the trial court's refusal to grant a change of venue denied the petitioner due process of law.
• Dobbert v. Strickland
  718 F.2d 1518· 11th Cir.· 1983-10-19 ·cited 66×
  The court affirmed the denial of habeas corpus relief, holding that the petitioner's claims lacked constitutional merit or were procedurally barred.
• United States ex rel. George Hart v. Davenport
  478 F.2d 203· 3d Cir.· 1973-04-27 ·cited 66×
  Joint representation of co-defendants with conflicting interests, without an on-the-record inquiry by the court, constitutes ineffective assistance of counsel violating the Sixth Amendment, even if the attorney was privately retained.
• Davis v. Attorney General of the United States
  425 F.2d 238· 5th Cir.· 1970-04-28 ·cited 66×
  The court held that facts alleged by the appellant, if proven, entitle him to credit on his federal sentence for time spent in state custody due to a federal detainer. The denial of the habeas petition is affirmed.
• Mansfield v. Sec'y, Dep't OF Corr., Attorney Gen. of the State of Fla.
  679 F.3d 1301· 11th Cir.· 2012-05-09 ·cited 65×
  Scott Mansfield was convicted of first-degree murder and sentenced to death for the brutal killing of Sara Robles. The Florida Supreme Court on direct appeal found that the admission of a videotaped custodial interrogation without Miranda warnings was constitutional error but con
• Douglas v. Louie L. Wainwright
  714 F.2d 1532· 11th Cir.· 1983-09-19 ·cited 65×
  The court held that the trial court's exclusion of the general public during the testimony of the key eyewitness violated the defendant's Sixth Amendment right to a public trial, as the presence of the press alone was insufficient to satisfy the purposes of the public trial guara
• Sullivan v. Louie L. Wainwright
  695 F.2d 1306· 11th Cir.· 1983-01-17 ·cited 65×
  The concurring judge believes the majority misapplied Sykes by deciding the cause prong on the merits without a factual determination.
• Frank v. Blackburn
  646 F.2d 873· 5th Cir.· 1980-11-17 ·cited 65×
  A defendant cannot be punished for exercising their right to trial, but a longer sentence than offered in a rejected plea bargain does not automatically constitute such punishment.
• Hewett v. State OF N.C.
  415 F.2d 1316· 4th Cir.· 1969-08-28 ·cited 65×
  A bare possibility of adverse collateral consequences is enough to preserve the justiciability of litigation under mootness standards, even if the sentence has expired.
• Boyer v. City OF Orlando
  402 F.2d 966· 5th Cir.· 1968-10-18 ·cited 65×
  The court held that the federal district court erred in denying a writ of habeas corpus without requiring the petitioner to exhaust state remedies, and granted bail pending such exhaustion.
• Fackelman v. Griffin B. Bell
  564 F.2d 734· 5th Cir.· 1977-12-15 ·cited 64×
  The district court did not abuse its discretion in denying the appellant's motion to set aside the judgment under Rule 60(b).
• Hart v. Ira M. Coiner
  483 F.2d 136· 4th Cir.· 1973-07-13 ·cited 64×·via Habeas Corpus Relief
  The dissenting judge would reverse the denial of habeas relief based on ineffective assistance of counsel in a prior conviction used for habitual offender sentencing.
• Smith v. State
  931 So. 2d 790· Fla.· 2006-03-09 ·cited 63×·via Writ Of Habeas Corpus
  Derrick Smith, a death-sentenced inmate, challenged his conviction and sentence through a Rule 3.850 postconviction motion and habeas petition. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of Brady/Giglio violations, ineffective assistance of coun
• Fennie v. State
  855 So. 2d 597· Fla.· 2003-07-11 ·cited 63×·via Writ Of Habeas Corpus
  Alfred Lewis Fennie challenges his death sentence for murder, kidnapping, and robbery by appealing the denial of his rule 3.850 postconviction motion and petitioning for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial, rejecting claims of ineffect
• Nardell U. Carter v. McCARTHY
  806 F.2d 1373· 9th Cir.· 1986-12-23 ·cited 63×·via Writ Of Habeas Corpus
• Moises Garcia-Mir v. Smith
  766 F.2d 1478· 11th Cir.· 1985-07-11 ·cited 63×
  The court held that the Attorney General's suspension of parole releases under the Status Review Plan was based on a facially legitimate and bona fide reason, and that the district court lacked jurisdiction to set aside exclusion orders for the entire class without individual exh
• Sampson Armstrong v. State
  429 So. 2d 287· Fla.· 1983-01-20 ·cited 63×
  Sampson Armstrong, a death row inmate, challenged his murder convictions and death sentence through a Rule 3.850 motion and habeas corpus petition, arguing trial and appellate counsel were ineffective and raising various trial errors. The Florida Supreme Court affirmed the denial
• Skinner v. Cardwell
  564 F.2d 1381· 9th Cir.· 1977-11-29 ·cited 63×·via Writ Of Habeas Corpus
  The court held that the petitioner was not denied a fair trial, and therefore, his petition for a writ of habeas corpus was properly denied.
• Ragsdale v. Winfred Overholser
  281 F.2d 943· D.C. Cir.· 1960-06-23 ·cited 63×
  The court held that the statute governing commitment after acquittal by reason of insanity is constitutional, but its application requires careful consideration of due process safeguards for continued confinement.
• Boykin v. Huff
  121 F.2d 865· D.C. Cir.· 1941-04-07 ·cited 63×
  The court held that the trial court's actions effectively denied the appellant his right to appeal, and that his initial letter to the judge should be considered a timely notice of appeal.
• Lowe v. State
  2 So. 3d 21· Fla.· 2008-11-06 ·cited 62×·via Writ Of Habeas Corpus
  The Florida Supreme Court affirmed the trial court's denial of relief on most postconviction claims filed by Rodney Lowe, a death row inmate convicted of first-degree murder, but reversed in part by ordering a new penalty phase based on newly discovered evidence and ineffective a
• Alphonso Cave v. State
  660 So. 2d 705· Fla.· 1995-09-21 ·cited 62×·via Petition For Habeas Corpus Relief
  The Florida Supreme Court vacated Alphonso Cave's death sentence imposed at resentencing, finding two reversible errors: the trial judge improperly conducted a full evidentiary hearing on Cave's motion for disqualification (rather than determining only legal sufficiency), and the
• United States ex rel. Mylon C. Cross v. DeROBERTIS
  811 F.2d 1008· 7th Cir.· 1987-01-28 ·cited 62×
  The court held that the petitioner failed to meet his burden of proving prejudice from counsel's alleged ineffectiveness because he did not sufficiently demonstrate what favorable evidence the uncalled witnesses would have provided.
• Johnson v. Louie L. Wainwright
  498 So. 2d 938· Fla.· 1986-12-11 ·cited 62×·via Writ Of Habeas Corpus
  Ineffective assistance of appellate counsel warrants a new trial when counsel fails to raise a clear issue of reversible error regarding jury separation after deliberations began.
• Francois v. Louie L. Wainwright
  741 F.2d 1275· 11th Cir.· 1984-08-31 ·cited 62×
  The court affirmed the denial of the federal habeas corpus petition, finding that the petitioner procedurally defaulted on his claims and failed to demonstrate cause or prejudice for the default.
• Campbell v. Louie L. Wainwright
  738 F.2d 1573· 11th Cir.· 1984-08-20 ·cited 62×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the denial of an evidentiary hearing and the rejection of the petitioner's claims.