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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958 F.2d 212·
8th Cir.·
1992-02-27
·cited 9×
The court held that defense counsel's actions and omissions did not constitute ineffective assistance, as strategic decisions were made within the bounds of reasonable professional assistance.
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The court held that erroneous advice regarding parole eligibility can constitute ineffective assistance of counsel, and the defendant was prejudiced by such advice.
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The court held that allegations regarding counsel's failure to inform a defendant of their right to appeal, when the sentence is less than death, must now be raised in the trial court via a rule 3.850 motion, not a habeas corpus petition.
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The court reversed a resentencing for sexual battery, holding that convictions obtained after the initial sentencing, even if for offenses committed prior to the initial sentencing, could be used to calculate a new scoresheet for resentencing.
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892 F.2d 610·
7th Cir.·
1989-12-28
·cited 9×
The dissenting judge holds that the defendant did not impliedly consent to the mistrial and that there was no manifest necessity for declaring it, thus retrial would violate double jeopardy.
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John Scott Thomas petitioned for habeas corpus relief challenging the Department of Corrections' denial of gain-time credit during his mandatory minimum sentence for robbery with a firearm. The Florida Supreme Court held that the statute prohibiting eligibility for gain-time duri
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884 F.2d 765·
4th Cir.·
1989-08-30
·cited 9×
The court affirmed the district court's denial of habeas corpus relief and denied the motion for a stay of execution.
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Greg Lee challenges his involuntary commitment for alcoholism treatment, arguing the commitment violated statutory requirements. The court grants his petition for habeas corpus and orders his immediate discharge because the trial court failed to comply with the Comprehensive Alco
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The court held that the Parole Commission's forfeiture of Munguia's street time was mandatory under statute, and therefore, the lack of prehearing notice of this specific penalty did not violate his due process rights.
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847 F.2d 1486·
11th Cir.·
1988-06-09
·cited 9×
The dissenting judge argues that misleading statements about the jury's role in capital sentencing, made by the prosecutor and judge, violate Caldwell and require resentencing.
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832 F.2d 445·
7th Cir.·
1987-10-30
·cited 9×
The court, bound by habeas corpus rules, could not find the Indiana Supreme Court's findings clearly wrong, despite doubts about the identification evidence.
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The court held that a prisoner's request for final disposition of a detainer constitutes a waiver of pretransfer rights under the Interstate Agreement on Detainers Act (IADA), and this waiver can be the basis for a sua sponte dismissal of a complaint filed in forma pauperis, even
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A witness in a rape trial was cited for contempt of court and jailed after allegedly committing perjury. The court granted her habeas corpus petition, finding that the judge failed to comply with Florida's mandatory procedural requirements for criminal contempt proceedings.
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809 F.2d 946·
2d Cir.·
1987-01-13
·cited 9×
The court held that the district court should consider the merits of the habeas petition regarding courtroom closure, applying the standards established in Waller v. Georgia.
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The appeal is dismissed as moot because the respondent voluntarily complied with the district court's writ, rendering appellate review impossible.
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778 F.2d 1482·
11th Cir.·
1985-12-09
·cited 9×
The court held that the petitioners were entitled to habeas corpus relief based on presumed prejudice due to pretrial publicity and inflammatory community atmosphere, reversing the district court's denial of their petitions.
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The court holds that a juror's opposition to the death penalty does not automatically disqualify them if they can still apply the law impartially.
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755 F.2d 880·
11th Cir.·
1985-03-20
·cited 9×
The court held that the petitioner was not denied due process because he forfeited any good time credits due to parole violations, rendering the delay in sentence aggregation harmless.
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744 F.2d 1189·
5th Cir.·
1984-10-29
·cited 9×
The court held that a federal habeas petitioner's claims of an involuntary guilty plea and ineffective assistance of counsel lacked merit and were properly denied.
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A federal court cannot entertain a civil suit seeking to enjoin a tribal court's exercise of jurisdiction, as federal law limits such review to habeas corpus.
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Howard Westlake appealed his involuntary commitment under Florida's Baker Act after he had already been released from the facility. The court dismissed the appeal as moot, following Florida Supreme Court precedent that prior release moots constitutional challenges to commitment o
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710 F.2d 374·
7th Cir.·
1983-06-21
·cited 9×
The court held that Wisconsin's presumptive intent and party-to-a-crime jury instructions did not violate the defendant's constitutional rights, and affirmed the denial of habeas corpus.
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The court held that the defendant's Sixth Amendment right to counsel was violated because he did not knowingly and intelligently waive his right to counsel when he made an unsworn statement to the jury.
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683 F.2d 881·
5th Cir.·
1982-08-16
·cited 9×
The court held that the district court erred in quashing a subpoena duces tecum for an attorney's file, as the work product doctrine and client ownership arguments were inapplicable. The error denied the petitioner access to potentially crucial evidence.
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The court granted a stay of execution to allow for proper consideration of the petitioner's claims, acknowledging the late filing but emphasizing the need to adjudicate the merits.
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657 F.2d 740·
5th Cir.·
1981-09-30
·cited 9×
The court held that the prosecutor's improper argument, in the context of prior improprieties and the lack of a ruling on the objection, deprived the defendant of a fair trial.
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Hampesle Lee Johnson petitioned for a writ of habeas corpus in the Florida District Court of Appeal, Fifth District, alleging he was illegally convicted of an unspecified criminal charge in July 1980. The court denied the petition, holding that habeas corpus cannot be used to rai
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369 So. 2d 110·
Fla. 1st DCA·
1979-04-04
·cited 9×
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The court held that the use of the victim's father as an interpreter for the victim, who had the mental capacity of a six-year-old, constituted fundamental unfairness in violation of due process.
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496 F.2d 1001·
5th Cir.·
1974-07-05
·cited 9×
The Sixth Amendment's guarantee of assistance of counsel protects enlisted military personnel brought before summary courts-martial in cases that may result in imprisonment.
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488 F.2d 30·
5th Cir.·
1974-01-11
·cited 9×
The court held that the state court's evidentiary hearing was not full and fair, and the federal district court erred in denying habeas relief without conducting its own evidentiary hearing on the issues of denial of counsel and coerced guilty plea.
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The court held that a petition styled as mandamus, alleging denial of appeal rights, could be treated as a petition for writ of habeas corpus.
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The court denies the petition for writ of habeas corpus without prejudice, allowing the petitioner to refile a post-conviction relief motion.
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A guilty plea does not waive the right to challenge jury composition if the defendant was unaware of that right.
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459 F.2d 8·
5th Cir.·
1972-04-06
·cited 9×
The court held that while some grounds for habeas relief were properly denied, an evidentiary hearing is required for the claim of ineffective assistance of appellate counsel due to an inadequate record.
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The court held that the trial judge's refusal to appoint a commission to determine competency, based on the evidence presented, did not violate due process.
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The Florida Court of Appeal reconsiders its prior ruling on appeal procedure for contempt of court judgments, correcting its earlier determination that civil contempt arising from violation of an injunction in a private civil action must follow criminal appellate procedures. The
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The court held that a state prisoner's habeas corpus appeal, raising issues previously litigated and resolved in state courts, could be dismissed for want of a certificate of probable cause.
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The court held that the threat of criminal prosecution for failing to report for induction does not constitute unlawful restraint of liberty sufficient to support a writ of habeas corpus.
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In this child custody appeal, the Florida Supreme Court affirmed a trial court's award of primary custody of a minor child to her mother (eleven months per year) rather than her father (one month per year), rejecting the father's argument that courts should prefer fathers when bo
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The court held that the petitioner failed to demonstrate the unconstitutionality of the statute under which he was charged, and therefore, the trial court's order remanding him to custody was correct.
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The court held that the appeal was untimely and the proper procedure for the appellant to pursue is a petition for a writ of habeas corpus.
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The Florida Supreme Court held that informations filed by a State Attorney from the Eighth Judicial Circuit in Volusia County (Seventh Circuit) were null and void because the Governor's executive order authorizing him to act had expired by the time the informations were filed, as
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In this habeas corpus proceeding, the Florida Supreme Court held that a circuit judge must issue a writ of habeas corpus in response to a petition challenging a criminal contempt adjudication, rather than summarily denying it. The Court reversed the lower court's refusal to issue
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In this habeas corpus proceeding, the Florida Supreme Court reversed the discharge of T. J. Parrish from custody, holding that although his sentencing judgment contained formal defects in adjudicating guilt, the recital that he 'stands convicted' constitutes a sufficient attempte
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This case involves a petitioner seeking release via habeas corpus, arguing the statute under which he was arrested was unconstitutional. The court reversed the lower court's decision, finding the affidavit and warrant fatally defective for failing to allege a criminal offense, th
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Ronald Palmer Heath, sentenced to death for a 1989 murder, challenged his death sentence and execution through a second successive motion for postconviction relief and a habeas petition after his death warrant was signed. The Florida Supreme Court affirmed the circuit court's rej
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304 So. 3d 243·
Fla.·
2020-08-27
·cited 8×
Trial counsel was deficient under Strickland v. Washington for failing to call Terrance Woods and Darren Lee as impeachment witnesses during the guilt phase to challenge Heather Lee's credibility and implicate her as the ringleader; however, the cumulative effect of counsel's def
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A life sentence does not constitute an unconstitutionally indefinite term of imprisonment under Article I, Section 17 of the Florida Constitution.
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Terry Marvin Ellerbee, Jr. was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion challenging his guilt-phase conviction but granted a new penalty phase proceeding due to unconstitutional