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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The court held that the district court should have dismissed the plaintiff's civil rights complaint without reaching the merits because the plaintiff's criminal conviction was still pending on appeal in state court.
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647 F.2d 854·
8th Cir.·
1981-05-08
·cited 7×
A defendant can forfeit their Sixth Amendment right to be present at trial through contumacious conduct, and the trial court has discretion to remove a disruptive defendant.
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646 F.2d 64·
3d Cir.·
1981-03-31
·cited 7×
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This case involves a dissenting opinion arguing that the majority rewrites a statute to avoid a constitutional issue concerning the reclassification of agricultural land for tax purposes.
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628 F.2d 400·
5th Cir.·
1980-10-15
·cited 7×
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The court held that allegations regarding disciplinary proceedings, if true, warrant a hearing, while allegations regarding medical care were insufficient to establish entitlement to relief.
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576 F.2d 1148·
5th Cir.·
1978-07-21
·cited 7×
The court held that the district court correctly denied the petition for habeas corpus, as the claims regarding search and seizure, indictment by information, and excessive sentence lacked merit.
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Florida's parole authority revoked Helton's parole based on his arrest for receiving stolen property, but he was later acquitted by jury trial. The court held that a subsequent criminal acquittal does not bar parole revocation, as revocation proceedings are civil in nature and re
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501 F.2d 963·
5th Cir.·
1974-10-04
·cited 7×
The court affirmed the trial court's denial of a writ, but required a Morrissey-type hearing for parole revocation.
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498 F.2d 1093·
5th Cir.·
1974-08-16
·cited 7×
The court held that a serviceman must exhaust available military remedies, including fact-finding mechanisms and appeals, before seeking habeas corpus relief in federal civilian courts, even when challenging the service-connection of an offense.
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Arnold Flicker petitioned for a writ of habeas corpus seeking bail pending trial for first-degree murder. The Florida District Court of Appeal denied the petition because Flicker failed to provide a record or affidavits supporting his allegations, and instead relied on bare asser
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480 F.2d 544·
5th Cir.·
1973-06-06
·cited 7×
The court held that the state court's evidentiary hearing was not full and fair, requiring a remand for further proceedings.
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The court held that a knowingly and understandingly made guilty plea waives all non-jurisdictional defenses, and affirmed the denial of the habeas corpus petition.
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409 F.2d 507·
7th Cir.·
1969-03-26
·cited 7×
The court held that the plaintiff's conclusory allegations failed to state a claim for relief under the civil rights or habeas corpus statutes.
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399 F.2d 593·
10th Cir.·
1968-09-05
·cited 7×
The court held that a defendant's knowing and deliberate bypass of state procedural rules, as a matter of trial strategy, can preclude federal habeas corpus review of constitutional claims.
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394 F.2d 754·
9th Cir.·
1968-04-22
·cited 7×
The court held that the prisoner's claims were properly denied because he failed to exhaust state remedies for new claims, the Escobedo rule did not apply retroactively, and he waived constitutional objections through counsel's actions and subsequent choices.
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The court held that a petition for a writ of habeas corpus cannot be treated as an ordinary civil action for judicial review of agency action.
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This case involves a dispute over a minor child's custody between the father and the paternal grandfather. The appellate court affirmed the father's custody but remanded the case to allow the trial court to consider visitation rights for the grandfather.
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In this habeas corpus appeal, the Florida Supreme Court held that appeals from habeas corpus orders seeking release from criminal custody must follow the criminal appeal timeline rules rather than civil procedure rules. The court denied the appellee's motion to dismiss based on a
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The court held that the father's argument regarding the invalidity of the statutes under the Christoffel doctrine was without merit.
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Buchanan challenged the validity of Florida's electrocution statute and his death sentence in a habeas corpus proceeding. The Florida Supreme Court upheld the statute and affirmed the judgment remanding him for execution, holding that the duty to execute death sentences devolves
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The court held that an alien's departure from the U.S. before a deportation order is issued does not constitute 'self-execution' of that order under 8 U.S.C. § 1101(g). Therefore, the prior order remains effective for subsequent removal proceedings.
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A circuit court lacks jurisdiction to deny a habeas corpus petition attacking the validity of a conviction imposed by another circuit court and must dismiss without prejudice or transfer the petition to the court having jurisdiction.
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The court held that a prior denial of a habeas corpus petition serves as a procedural bar to the current claims.
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244 So. 3d 352·
Fla. 1st DCA·
2018-04-18
·cited 6×
A trial court properly dismisses a habeas corpus petition when the petitioner seeks collateral postconviction relief that is untimely, successive, or raises claims that could have been raised at trial or on direct appeal.
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Marcos Casiano challenges his pretrial detention pending a hearing to inquire into the source of funds used to post bail, known as a 'Nebbia hold.' The court grants his habeas corpus petition, holding that Florida law does not authorize courts to detain accused persons pending a
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The Florida Supreme Court affirmed the denial of postconviction relief regarding the guilt phase of Gregory's capital murder conviction but reversed his death sentences due to the jury's nonunanimous 7-5 recommendation of death violating the Sixth Amendment requirements establish
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The Florida Supreme Court granted James Card's habeas corpus petition under Hurst v. Florida, which requires jury unanimity on factual findings necessary for capital punishment. Because Card's penalty phase jury voted 11-1 for death rather than unanimously, the court vacated his
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Pablo Ibar challenges his death sentence conviction for three first-degree murders, arguing his trial counsel provided ineffective assistance by failing to present a facial identification expert to challenge the prosecution's video evidence despite knowing such testimony was crit
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154 So. 3d 451·
Fla. 3d DCA·
2014-12-31
·cited 6×
The Bloomgardens appealed a trial court order denying their motion to cancel a charging lien asserted by their former attorney Lanza on a settlement in their underlying malpractice action. The appellate court dismissed the appeal for lack of jurisdiction because the order was nei
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Gary Richard Whitton appeals the denial of his Rule 3.851 motion to vacate his conviction for first-degree murder and death sentence in connection with the 1990 murder of James Mauldin. The Florida Supreme Court affirms the postconviction court's denial of relief on all Brady/Gig
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The court held that section 985.26(3) allows fifteen days of secure detention after adjudication, and section 985.26(5) is a narrow exception for evaluations, not a general limit based on pre-adjudication detention status.
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Warren Lee Edwards sought a writ of habeas corpus claiming entitlement to immediate release based on deficient pre-arrest probable cause and improper acceptance into custody. The Florida appellate court affirmed the dismissal of his petition, holding that probable cause challenge
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112 So. 3d 1234·
Fla.·
2013-04-18
·cited 6×
The Florida Supreme Court adopted comprehensive amendments to Florida's criminal procedure rules governing postconviction relief, including modifications to rules on pleas, sentence correction, and collateral relief motions, and creation of a new rule addressing jail credit corre
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98 So. 3d 725·
Fla. 1st DCA·
2012-10-08
·cited 6×
Bobby Magwood, a prison inmate, appealed a circuit court order that transferred his habeas corpus petition challenging his close management placement from Santa Rosa County to Leon County. The First District Court of Appeal reversed, holding that a habeas corpus petition challeng
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The court held that appellate counsel was ineffective for failing to argue an erroneous jury instruction on attempted manslaughter, which constituted fundamental error.
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Robert Williams petitioned for habeas corpus challenging his pretrial detention following a failure to appear for calendar call in a failure-to-redeliver case. The Fourth District Court of Appeal granted the petition because the trial court failed to make required findings that d
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48 So. 3d 704·
Fla.·
2010-10-14
·cited 6×
The Florida Supreme Court resolved a certified conflict among district courts regarding whether statutory limitations under section 95.11(5)(f) apply to habeas corpus petitions filed by inmates challenging unlawful detention. The Court held that applying the statute of limitation
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543 F.3d 1270·
11th Cir.·
2008-10-03
·cited 6×
Paul Dombrowski sought federal habeas relief under 28 U.S.C. § 2254, challenging a Florida sentencing court's failure to advise him of his Fifth Amendment right against self-incrimination before soliciting his admission to prior convictions for habitual offender enhancement. The
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Alberto Hernandez petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel, alleging he was denied his constitutional right to a twelve-member jury because only eleven jurors were polled after the verdict. The Florida District Court of Appeal, T
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Arthur Lee Creech petitioned for habeas corpus relief, challenging his $1,000,000 bond as excessive and illegal. The court granted the petition, finding the trial court lacked good cause to modify the bond and acted without notice to the defendant, and ordered reinstatement of th
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958 So. 2d 564·
Fla. 2d DCA·
2007-06-20
·cited 6×
The court denied Carpenter's petition for certiorari challenging the revocation of his conditional release, holding that while his habeas petition was not time-barred under Florida law, the trial court did not depart from the essential requirements of law in denying relief on the
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Marvin Davis, an incarcerated pro se petitioner, sought a writ of habeas corpus claiming he was entitled to immediate release because the Department of Corrections incorrectly calculated his release date. The Florida Fifth District Court of Appeal denied the petition, holding tha
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Antonio Coney petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to challenge the timeliness of an amended probation violation affidavit filed on the hearing date. The Third District Court of Appeal denied the petition, finding
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Brimage appeals the trial court's summary denial of his belated Rule 3.850 postconviction relief motion filed nearly four years after his direct appeal became final. The court reverses, holding that due process may entitle a defendant to file a belated Rule 3.850 motion if he was
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Robert A. Robinson petitioned for a writ of habeas corpus under the all writs provision, claiming jurisdictional defects in his criminal conviction. The Fifth District Court of Appeal dismissed the petition, finding that Robinson was attempting to bypass the trial court and raise
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A juvenile petitioner challenges his secure detention despite a risk assessment instrument (RAI) score of zero. The court grants the habeas corpus petition, holding that Florida law requires written, clear and convincing reasons when a trial court orders placement more restrictiv
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A juvenile petitioner sought habeas corpus relief from secure detention, arguing he was unlawfully detained despite a Risk Assessment Instrument score of zero. The Florida appellate court granted the petition because the trial court failed to provide written reasons as statutoril
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The court held that a local administrative order mandates that any capias issued for failure to appear after charges are refiled must provide for an O.R. release.