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

• Doyle Edward Skillern v. W.J. Estelle, Jr.
  720 F.2d 839· 5th Cir.· 1983-12-05 ·cited 62×·via Habeas Corpus Relief
  The court held that the petitioner's contentions regarding the Enmund issues, denial of an evidentiary hearing, and evidentiary error at the sentencing hearing did not warrant federal habeas relief.
• Jordan v. Watkins
  681 F.2d 1067· 5th Cir.· 1982-08-06 ·cited 62×·via Habeas Corpus Relief
  The court held that the sentencing procedure violated constitutional requirements by failing to channel jury discretion, vacating the death sentence but allowing the state to seek reimposition after a proper hearing. The court also held that the defendant's confession was admissi
• Feliciano v. Hon. Melvin R. Laird
  426 F.2d 424· 2d Cir.· 1970-04-16 ·cited 62×·via Writ Of Habeas Corpus
  The Army's failure to follow its own regulations in processing a hardship discharge application warrants judicial intervention.
• Toney Deron Davis v. State
  136 So. 3d 1169· Fla.· 2014-04-10 ·cited 61×·via Writ Of Habeas Corpus
  Toney Deron Davis appeals the denial of his motion to vacate his 1995 convictions for first-degree felony murder, aggravated child abuse, and sexual battery in the death of a two-year-old, and his death sentence. The Florida Supreme Court affirmed, rejecting Brady/Giglio violatio
• Heldrado Zuluaga v. State
  32 So. 3d 674· Fla. 1st DCA· 2010-03-25 ·cited 61×·via Writ Of Habeas Corpus
  The appellate court held that the trial court correctly dismissed the petition for writ of habeas corpus because it was not the proper remedy for challenging a sentence, and the circuit court lacked jurisdiction to review a sentence imposed by another circuit.
• Chavez v. State
  12 So. 3d 199· Fla.· 2009-06-25 ·cited 61×·via Writ Of Habeas Corpus
  Juan Carlos Chavez, convicted of first-degree murder, kidnapping, and sexual battery of a nine-year-old boy and sentenced to death, appealed the denial of his motion to vacate judgment and filed a habeas petition alleging ineffective assistance of counsel. The Florida Supreme Cou
• Floyd v. State
  18 So. 3d 432· Fla.· 2009-06-04 ·cited 61×·via Writ Of Habeas Corpus
  Maurice Lamar Floyd appeals denial of his Rule 3.851 post-conviction motion and petitions for habeas corpus following his conviction for first-degree murder and death sentence in the killing of his mother-in-law, Mary Goss. The Florida Supreme Court affirmed the denial of all pos
• Darius Mark Kimbrough v. State
  886 So. 2d 965· Fla.· 2004-06-24 ·cited 61×·via Writ Of Habeas Corpus
  Darius Mark Kimbrough, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denials, holding that Kimbrough failed to
• Rivera v. State
  859 So. 2d 495· Fla.· 2003-09-11 ·cited 61×·via Writ Of Habeas Corpus
  Michael Rivera, a death row inmate convicted of murdering an 11-year-old child, appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial
• Sireci v. Moore
  825 So. 2d 882· Fla.· 2002-02-28 ·cited 61×·via Writ Of Habeas Corpus
  Henry Perry Sireci, a death row inmate convicted of first-degree murder in 1976, petitioned the Florida Supreme Court for habeas corpus relief, raising seven claims of ineffective assistance of appellate counsel and constitutional challenges to Florida's capital sentencing scheme
• Westbrook v. Zant
  743 F.2d 764· 11th Cir.· 1984-09-21 ·cited 61×·via Petition For Habeas Corpus Relief
  The Eleventh Circuit held that the district court erred by failing to follow the law of the case established in Westbrook I, which mandated granting habeas corpus relief if the petitioner's counsel represented Jones County in the Gibson litigation.
• Bennie E. Demps v. State
  416 So. 2d 808· Fla.· 1982-06-24 ·cited 61×
  Bennie Demps appealed the denial of his post-conviction relief motion and sought a stay of execution scheduled for June 29, 1982. The Florida Supreme Court affirmed the denial of relief on most claims but reversed and remanded on the claim that the state interfered with a defense
• United States ex rel. Thomas Kirby v. Sturges
  510 F.2d 397· 7th Cir.· 1975-01-28 ·cited 61×
  The court held that the federal Constitution does not require states to adopt an exclusionary rule for unnecessarily suggestive showup identifications, and that the totality of the circumstances, particularly the reliability of the identification, determines due process complianc
• Levin v. Ramsey Clark
  408 F.2d 1209· D.C. Cir.· 1967-11-15 ·cited 61×
  The court reversed the district court's grant of habeas corpus relief, finding that the alleged newly discovered evidence of a bank officer's non-recall regarding the exchange of large bills was not material and would not have affected the jury's verdict. The dissenting opinion a
• Scott v. Walker
  358 F.2d 561· 5th Cir.· 1966-03-31 ·cited 61×·via Writ Of Habeas Corpus
  The court held that the systematic exclusion of Negroes from jury service, even with token inclusion, violates the Equal Protection Clause of the Fourteenth Amendment.
• Nesby Lawrence Gibbs v. Mayo
  81 So. 2d 739· Fla.· 1955-07-20 ·cited 61×·via Habeas Corpus Relief
  Gibbs was charged and convicted of breaking and entering a motor vehicle, but the Florida Supreme Court held that no statute criminalized that specific conduct. The court granted habeas corpus relief because the information failed to charge any offense under Florida law, as the t
• Labrant D. Dennis v. State
  109 So. 3d 680· Fla.· 2012-12-20 ·cited 60×·via Writ Of Habeas Corpus
  Labrant Dennis was convicted of two counts of first-degree murder and sentenced to death for beating two University of Miami football players to death with a sawed-off shotgun in 1996. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion and habea
• Bell v. State
  965 So. 2d 48· Fla.· 2007-06-07 ·cited 60×·via Writ Of Habeas Corpus
  Michael Bell was convicted of two counts of first-degree murder and sentenced to death. Bell appealed the circuit court's denial of his Rule 3.850 postconviction motion claiming ineffective assistance of trial counsel and filed a petition for writ of habeas corpus. The Florida Su
• Hodges v. State
  885 So. 2d 338· Fla.· 2004-10-14 ·cited 60×·via Writ Of Habeas Corpus
  George Michael Hodges sought review of a circuit court's denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for a writ of habeas corpus in a death penalty case. The Florida Supreme Court affirmed the denial of postconviction relief and den
• Gregory v. Rice
  727 So. 2d 251· Fla.· 1999-02-11 ·cited 60×·via Writ Of Habeas Corpus
  The Florida Supreme Court addressed the wrongful incarceration of Anthony Gregory for failure to pay child support, holding that courts must make a proper finding that a contemnor has the present ability to pay before imposing civil contempt sanctions, particularly incarceration.
• Davidson J. James v. Singletary
  957 F.2d 1562· 11th Cir.· 1992-03-30 ·cited 60×
  Davidson James, a Florida death row inmate convicted of first-degree murder, attempted murder, and armed robbery, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254. The Eleventh Circuit held that James's Brady claim regarding withheld evidence failed because he d
• Atkins v. Dugger
  541 So. 2d 1165· Fla.· 1989-04-13 ·cited 60×·via Writ Of Habeas Corpus
  Phillip Atkins, a death row inmate, sought habeas corpus relief and review of the trial court's denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court affirmed the denial of all relief, finding that most claims were procedurally barred and that Atkin
• Spencer v. Kemp
  781 F.2d 1458· 11th Cir.· 1986-01-23 ·cited 60×
  The petitioner is entitled to federal habeas review of his jury selection claim because he presented the objection seasonably to the trial court.
• Thomas v. Louie L. Wainwright
  767 F.2d 738· 11th Cir.· 1985-07-17 ·cited 60×
  The court held that a defendant's persistent, unreasonable refusal to communicate with counsel can constitute a waiver of the right to effective assistance of counsel, and that counsel's strategic decisions made in light of the defendant's silence were not ineffective.
• Smith v. State
  457 So. 2d 1380· Fla.· 1984-10-11 ·cited 60×·via Writ Of Habeas Corpus
  Frank Smith, convicted of first-degree murder and sentenced to death, appealed the denial of post-conviction relief under Florida Rule 3.850 and filed a habeas corpus petition challenging his trial and appellate counsel's effectiveness. The Florida Supreme Court affirmed the deni
• Holleman v. Duckworth
  700 F.2d 391· 7th Cir.· 1983-02-18 ·cited 60×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the admissibility of the confessions.
• Dixon v. Jacobs
  427 F.2d 589· D.C. Cir.· 1970-02-05 ·cited 60×
  The court held that a petition for habeas corpus by a mental patient seeking release cannot be dismissed as repetitive if the grounds were not adequately heard and determined within six months preceding the new application.
• Lake v. Cameron
  364 F.2d 657· D.C. Cir.· 1966-05-19 ·cited 60×·via Habeas Corpus Proceedings
• Robinson v. Johnston
  118 F.2d 998· 9th Cir.· 1941-04-08 ·cited 60×·via Writ Of Habeas Corpus
• COX v. State
  966 So. 2d 337· Fla.· 2007-07-05 ·cited 59×·via Writ Of Habeas Corpus
  Allen Cox appeals the denial of his motion to vacate his death sentence for the first-degree murder of fellow inmate Thomas Baker Jr., raising numerous claims of ineffective assistance of counsel and challenging the trial and penalty phases. The Florida Supreme Court upheld the c
• Lancelot Uriley Armstrong v. State
  862 So. 2d 705· Fla.· 2003-10-30 ·cited 59×·via Writ Of Habeas Corpus
  Lancelot Armstrong was convicted of first-degree murder, attempted murder of a law enforcement officer, and armed robbery in connection with the 1990 death of Deputy Greeney during an armed robbery at a restaurant. Armstrong's death sentence was vacated because the trial court re
• Groover v. Singletary
  656 So. 2d 424· Fla.· 1995-04-06 ·cited 59×·via Writ Of Habeas Corpus
  The court held that appellate counsel cannot be ineffective for failing to raise issues that are procedurally barred or without merit.
• Graham v. Solem
  728 F.2d 1533· 8th Cir.· 1984-03-05 ·cited 59×
  The court held that the admission of the victim's identification of Graham violated his due process rights due to impermissibly suggestive identification procedures that created a substantial likelihood of misidentification.
• Hutchins v. Wainwright
  715 F.2d 512· 11th Cir.· 1983-09-19 ·cited 59×·via Writ Of Habeas Corpus
  The court held that the prosecutor's introduction of out-of-court statements from an unidentified informant, and reliance on those statements in closing argument, violated the defendant's Sixth Amendment right to confrontation, and this violation was not harmless error.
• Odell Aaron Hicks v. Louie L. Wainwright
  633 F.2d 1146· 5th Cir.· 1981-01-05 ·cited 59×
  The denial of a continuance to present the sole expert witness on an insanity defense violated due process and warranted a writ of habeas corpus.
• Gaines v. Hopper
  575 F.2d 1147· 5th Cir.· 1978-06-30 ·cited 59×
  The court held that the failure of trial counsel to conduct an adequate pre-trial investigation deprived the petitioner of constitutionally effective assistance of counsel.
• Marshall v. Reams
  32 Fla. 499· Fla.· 1893-06-01 ·cited 59×·via Habeas Corpus For Child Custody
  In this habeas corpus dispute, the Florida Supreme Court reversed the lower court's award of custody of a minor to his uncle, holding that while the mother had the legal right to transfer custody to her brother, the child's welfare—including evidence of harsh treatment, his age a
• Preston v. State
  970 So. 2d 789· Fla.· 2007-05-31 ·cited 58×·via Writ Of Habeas Corpus
  Preston appeals a trial court's denial of his Rule 3.850 motion for postconviction relief and petition for habeas corpus in his first-degree murder conviction and death sentence from 1978. The Florida Supreme Court affirms the denial of all postconviction claims, finding that new
• Remeta v. Dugger
  622 So. 2d 452· Fla.· 1993-04-15 ·cited 58×·via Writ Of Habeas Corpus
  Daniel Eugene Remeta, sentenced to death for murder and robbery of a convenience store clerk, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 and habeas corpus, raising sixteen claims of ineffective assistance of counsel and procedural violations. The
• Magill v. Dugger
  824 F.2d 879· 11th Cir.· 1987-07-28 ·cited 58×
  The court held that the death sentence must be vacated due to ineffective assistance of counsel during the guilt and penalty phases, and the jury's failure to consider non-statutory mitigating circumstances.
• Huffman v. Louie L. Wainwright
  651 F.2d 347· 5th Cir.· 1981-07-20 ·cited 58×
  The court held that the denial of habeas corpus relief must be reversed and remanded for an evidentiary hearing to determine if the petitioner waived his claim of an unconstitutionally selected jury due to procedural default, or if the 'cause and prejudice' exception applies.
• United States ex rel. Thomas Trantino v. Hatrack
  563 F.2d 86· 3d Cir.· 1977-08-01 ·cited 58×
  The court held that a state prosecutor cannot waive the federal habeas corpus exhaustion requirement, and the petitioner failed to exhaust state remedies for his Brady claim.
• Captain Dale E. Noyd v. Honorable Robert S. McNAMARA
  378 F.2d 538· 10th Cir.· 1967-05-16 ·cited 58×·via Writ Of Habeas Corpus
  The court held that federal courts lack jurisdiction to review military assignments or grant relief to a service member seeking conscientious objector status before exhausting all military remedies.
• Maxwell v. Stephens
  348 F.2d 325· 8th Cir.· 1965-06-30 ·cited 58×
  The court should have suppressed the coat as evidence because its seizure violated the appellant's Fourth Amendment rights.
• Jones v. Cunningham
  313 F.2d 347· 4th Cir.· 1963-01-16 ·cited 58×
  The court held that the late appointment of counsel and the attorney's failure to investigate potential defenses or object to illegal convictions constituted ineffective assistance of counsel, violating the defendant's constitutional rights.
• Curran v. State OF Del.
  259 F.2d 707· 3d Cir.· 1958-09-29 ·cited 58×·via Habeas Corpus Proceedings
  The knowing false testimony of a police detective, coupled with the destruction of other statements, denied defendants due process of law, rendering their trial fundamentally unfair.
• Smith v. Comm'r, Ala. Dep't of Corr.
  67 F.4th 1335· 11th Cir.· 2023-05-19 ·cited 57×·via Habeas Corpus Relief
  Joseph Clifton Smith, convicted of capital murder, challenged his death sentence on the grounds that he is intellectually disabled, which would render the sentence unconstitutional under the Eighth Amendment under the principle established in Atkins v. Virginia. The Eleventh Circ
• Price v. State
  995 So. 2d 401· Fla.· 2008-10-08 ·cited 57×·via Writ Of Habeas Corpus
  Herbert Price challenges his sexual battery conviction, arguing the charging information was fundamentally defective because it failed to allege an essential element of the crime. The Florida Supreme Court holds that the information adequately charged the offense by tracking the
• Jackson v. State
  704 So. 2d 500· Fla.· 1997-11-06 ·cited 57×·via Writ Of Habeas Corpus
  Andrea Jackson appeals her death sentence for the 1983 murder of a Jacksonville police officer. The Florida Supreme Court affirms the conviction and the cold, calculated, and premeditated aggravator, but vacates the sentence and remands for resentencing because the trial court fa
• McCULLOUGH v. Singletary
  967 F.2d 530· 11th Cir.· 1992-08-03 ·cited 57×
  Alonzo McCullough, convicted of first-degree burglary and sexual assault as an adult at age seventeen, challenged his life sentence without parole on habeas corpus, arguing that enhancement of his sentence based on four prior juvenile convictions violated due process, shocked the