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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156 So. 2d 1·
Fla.·
1963-09-04
·cited 6×
John Alford petitioned for habeas corpus challenging his convictions on the grounds that he was denied the right to counsel. The Florida Supreme Court, guided by the landmark U.S. Supreme Court decisions in Carnley v. Cochran and Gideon v. Wainwright, vacated his convictions and
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The Florida Supreme Court, pursuant to a remand from the U.S. Supreme Court, vacated its prior judgment and appointed a special commissioner to hear evidence on whether the petitioner was denied the right to counsel when he entered his guilty plea. This case addresses fundamental
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A petitioner cannot challenge a consecutive sentence via habeas corpus before it has begun to be served.
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The court denied petitioner's application for leave to proceed on appeal in forma pauperis.
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A conviction for escape is a substantive offense, and the punishment for escape is separate from the punishment for the offense for which the prisoner was confined.
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The court held that the district court's dismissal of a habeas corpus petition without clear findings of fact or conclusions of law was improper, requiring remand.
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The court held that the state court had jurisdiction and the petitioner's federal constitutional rights were not violated, affirming the denial of the writ of habeas corpus.
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Joan McKinney appealed a lower court decision denying her habeas corpus petition to regain custody of her infant son born out of wedlock, who was placed with the Weeks for adoption. The appellate court reversed, finding that the adoption consent signed by the mother in blank (wit
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The Attorney General has discretion to transfer a juvenile delinquent committed to his custody to any penal institution, including those for adult criminals, provided it has appropriate facilities for treatment.
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278 F.2d 20·
D.C. Cir.·
1960-03-24
·cited 6×
The court held that the petitioner failed to prove his detention in the maximum security ward was unlawful or that he was in danger, and thus affirmed the dismissal of his habeas corpus petition.
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The Florida Supreme Court quashed a writ of habeas corpus, holding that it could not be used to relitigate issues that were essential to the petitioner's conviction and could have been raised on appeal. The court emphasized that habeas corpus is not a substitute for an appeal.
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The court held that the commitment of a mentally incompetent defendant charged with a federal offense is proper even if the insanity is permanent, and the trial court did not err in refusing to appoint a psychiatrist of the defendant's choice.
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274 F.2d 250·
7th Cir.·
1960-01-13
·cited 6×
The dissenting judge holds that the defendant's confessions were the product of psychological coercion and deprivation, violating his due process rights under the Fourteenth Amendment.
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261 F.2d 351·
7th Cir.·
1958-12-03
·cited 6×
The Seventh Circuit affirmed the district court's grant of habeas corpus, finding that the district court's determination that trial counsel was incompetent, leading to a denial of due process, was not clearly erroneous.
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Federal courts generally lack jurisdiction to inquire into the care, custody, and discipline of prisoners.
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The court held that the sufficiency of an indictment cannot be challenged by a petition for habeas corpus unless no crime was charged on its face.
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The court denied the petition for a certificate of probable cause and the petition for a writ of habeas corpus.
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The court denied the petition for rehearing, reaffirming that while federal courts generally defer to state court decisions on constitutional rights, they must hold a hearing if the averments present unusual circumstances.
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237 F.2d 519·
5th Cir.·
1956-10-16
·cited 6×
A district court cannot entertain a habeas corpus petition if the sentencing court has already denied relief on the same grounds, unless the remedy by motion is inadequate or ineffective.
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The court held that the district court lacked jurisdiction to entertain a habeas corpus petition from an individual detained pending exclusion proceedings, as the individual had not exhausted administrative remedies.
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208 F.2d 565·
3d Cir.·
1953-12-16
·cited 6×
The court held that a finding of fact is essential regarding whether the prosecutor was informed of potentially exculpatory testimony before trial.
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The Florida Supreme Court considered a report from a circuit judge regarding a prisoner's claim that he was under the influence of narcotics during his arraignment and plea. The court accepted the report, overruled the prisoner's exceptions, and discharged the writ of habeas corp
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The Federal Parole Board had jurisdiction to revoke the parole of a prisoner transferred to an institution designated by the Attorney General, as the amendment conferring this power was procedural.
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The court held that good time earned under a military sentence, when confined in a civil institution, is computed at the statutory rate for civil institutions, not the military rate.
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The court held that the petitioner's voluntary re-entry into the United States without a valid visa, despite a prior deportation, constituted an illegal entry, and the prior deportation proceedings were not so fundamentally flawed as to justify a collateral attack.
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The court held that evading the payment of taxes on liquor, or conspiring to do so, does not constitute a crime involving moral turpitude under the Immigration Act of 1917, and therefore does not warrant deportation.
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The Administrative Procedure Act does not apply to exclusion proceedings before Immigration and Naturalization Service Special Boards of Inquiry, as these boards are specifically provided for by statute.
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The court held that a rehearing ordered after the disapproval of an initial court-martial sentence does not violate the Fifth Amendment's double jeopardy clause, nor is a subsequent sentence void if it is not in excess of the original sentence.
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The court held that an alien convicted of violating 50 U.S.C.A. § 34 may be deported under 8 U.S.C.A. § 157, even if he was a naturalized citizen at the time of the conviction.
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The court held that the administrative determination of alien status and deportability was binding and that the appellant received a fair hearing.
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The court held that the appellant's claims were without merit and that the writ of habeas corpus was abused.
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150 F.2d 190·
7th Cir.·
1945-07-02
·cited 6×
The court held that the petitioner's claims regarding the designation of his sentencing prison, the timing of a transfer approval, and his involuntary return to Illinois as a parole violator were insufficient under Illinois law.
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Habeas corpus cannot be used to retry the sufficiency of evidence or review pre-indictment misconduct.
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A final judgment and sentence for violating the National Prohibition Act are unaffected by the subsequent repeal of the Eighteenth Amendment and remain enforceable.
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A motion in the nature of a proceeding coram nobis to set aside a sentence is not warranted where the defendant knew the facts but was ignorant of the law, and there was no fraud or misconduct by the prosecution.
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The court held that a prisoner released conditionally who is subsequently convicted of another crime has his original sentence interrupted and does not serve the sentences concurrently.
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Pearl Seay challenges his imprisonment after being convicted of larceny and sentenced to two years hard labor. The Florida Supreme Court holds that his commitment to prison was void because it was issued while his conviction judgment was lawfully superseded by a supersedeas bond,
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The Florida Supreme Court held that Lake Hatchineha, formerly part of the larger Lake Cypress, is located in Osceola County rather than Polk County, and therefore discharged Lonnie Clemons from custody because the Polk County court lacked jurisdiction to prosecute him for seining
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E. H. Blackwelder was convicted of reckless operation of an automobile while intoxicated and sought habeas corpus relief. The Florida Supreme Court affirmed the lower court's remand for resentencing because the original sentence violated a mandatory statutory requirement to impos
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The Florida Supreme Court dismissed an appeal because the writ of error was not properly allowed or granted as required by statute, meaning the court lacked jurisdiction to hear the case.
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69 F.4th 856·
11th Cir.·
2023-06-02
·cited 5×
Warren King, a death-row inmate, appealed the denial of his federal habeas corpus petition, raising challenges to his jury selection based on alleged discriminatory peremptory strikes, his trial counsel's ineffective assistance, and Georgia's procedure for proving intellectual di
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271 So. 3d 914·
Fla.·
2018-11-29
·cited 5×
Trial counsel was not ineffective for failing to suppress Campbell's statements because counsel made a reasonable strategic decision to introduce the hospital statements to demonstrate Campbell's remorse and emotional state, thereby negating or reducing his culpability, and the j
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Anton Krawczuk, a Florida death row inmate, appealed the denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction and death sentence for the brutal 1990 murder of David Staker. Krawczuk claimed his trial counsel, Barbara LeGrande, rendered ineffective assistance
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The Florida Supreme Court granted death row inmate Roderick Orme a new penalty phase based on the U.S. Supreme Court's decision in Hurst v. Florida, which requires that a jury—not a judge—unanimously find all facts necessary to impose a death sentence. The Court found that the 11
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790 F.3d 1259·
11th Cir.·
2015-06-23
·cited 5×
The Eleventh Circuit affirmed the district court's denial of the habeas petition. While the court found that trial counsel's performance was deficient for failing to properly proffer evidence of a prior false accusation, it held that the petitioner failed to demonstrate prejudice
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Peter Sylvester sought habeas corpus relief challenging a $600,000 bond set by the trial court as unreasonable. The Fifth District Court of Appeal granted the petition and remanded, finding that the trial court failed to adequately consider Sylvester's financial resources when se