Habeas Corpus Petition

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

• Glidewell v. Burden
  822 F.2d 1027· 11th Cir.· 1987-07-27 ·cited 5×
  The court held that the nine-month delay between arrest and trial, absent prejudice, did not violate the constitutional right to a speedy trial.
• Hathcock v. State
  492 So. 2d 756· Fla. 4th DCA· 1986-08-06 ·cited 5×·via Writ Of Habeas Corpus
  The court held that a timely filed motion for rehearing tolls the time for filing a notice of appeal, making a subsequently filed notice of appeal timely once the motion is ruled upon.
• Josey v. Drew Galloway
  482 So. 2d 376· Fla. 1st DCA· 1985-09-26 ·cited 5×
  Jimmy Josey appeals denial of his habeas corpus petition challenging extradition to Alabama on charges of theft. The Florida court reverses, holding that the state failed to produce competent evidence creating a conflict on whether Josey was actually in Alabama when the crime occ
• Smith v. United States Parole Comm'n
  752 F.2d 1056· 5th Cir.· 1985-02-11 ·cited 5×·via Application For Writ Of Habeas Corpus
  The court held that a federal prisoner's claim that the Parole Commission denied him equal protection by delaying the execution of a parole violator's warrant due to his inability to post bail is without merit and speculative.
• Kermit F. Holton v. Lanson Newsome
  750 F.2d 1513· 11th Cir.· 1985-01-21 ·cited 5×
  The court held that the district court correctly denied the habeas corpus petition because the petitioner's claims regarding marital privilege, undisclosed evidence, and unconstitutional search and seizure lacked merit.
• Johnston v. Pittman
  731 F.2d 1231· 5th Cir.· 1984-05-14 ·cited 5×
  The court held that the state did not violate due process by failing to conduct blood-type tests on evidence that would have spoiled and by limiting cross-examination regarding a witness's past relationship with an investigating officer.
• Brown v. Maggio
  730 F.2d 293· 5th Cir.· 1984-04-20 ·cited 5×
  The court held that the district court did not err in dismissing the habeas corpus petition under Rule 9(a) because the state demonstrated prejudice due to the petitioner's inexcusable delay in filing.
• Carter v. Coleman
  443 So. 2d 491· Fla. 2d DCA· 1984-01-13 ·cited 5×·via Writ Of Habeas Corpus
  Larry Carter, detained pursuant to Wisconsin extradition proceedings, challenged his rearrest on a Florida Governor's warrant after the trial court's dismissal of initial extradition proceedings. The court held that the trial court's dismissal only discharged the fugitive warrant
• Cherry v. Jago
  722 F.2d 1296· 6th Cir.· 1983-12-08 ·cited 5×
  The court held that jury instructions imposing an equal burden of proof on the defendant for self-defense as the state has for proving murder constitutes a due process violation.
• Walker v. A.L. Lockhart
  713 F.2d 1378· 8th Cir.· 1983-08-11 ·cited 5×
  The court held that the undisputed evidence showed the inmate faced an unusually high risk of physical danger in the Arkansas prison system, entitling him to serve his sentence outside of Arkansas.
• Ashley v. State
  433 So. 2d 1263· Fla. 1st DCA· 1983-06-27 ·cited 5×·via Writ Of Habeas Corpus
  Ashley was convicted of drug sales based on testimony from an undercover officer, but a critical confidential informant (Loggie) who was present at both transactions and could have exonerated him was removed from the state and made unavailable for trial. The court addresses wheth
• Johnson v. Carson
  569 F. Supp. 974· M.D. Fla.· 1983-03-08 ·cited 5×·via Writ Of Habeas Corpus
  The court held that the Municipal Ordinance § 330.107 of the City of Jacksonville is unconstitutionally overbroad because it prohibits constitutionally protected conduct, such as freedom of association and movement, in violation of the First Amendment.
• Pittman v. State
  401 So. 2d 934· Fla. 1st DCA· 1981-07-29 ·cited 5×·via Writ Of Habeas Corpus
  The court held that the trial court properly denied the motion for post-conviction relief because the alleged errors were or should have been apparent on direct appeal, and affirmed the denial of the petition for writ of habeas corpus because there was no state action that frustr
• Brown v. Louie L. Wainwright
  644 F.2d 337· 5th Cir.· 1980-11-13 ·cited 5×
• Johnston v. Estelle
  548 F.2d 1238· 5th Cir.· 1977-03-18 ·cited 5×
  The court held that a federal court may deny habeas corpus relief if the petitioner deliberately bypassed available state procedures for presenting claims, even if the state court refused to hear the claim on the merits.
• Mitchell v. Mitchell
  294 So. 2d 44· Fla. 3d DCA· 1974-04-02 ·cited 5×·via Habeas Corpus For Child Custody
  Dennis Mitchell appeals a Florida circuit court's habeas corpus order returning three minor children to New York to their mother's custody under a New York divorce decree. The court held that while not bound by full faith and credit, it may enforce a foreign custody decree under
• Mrs. Catherine T. Pendergraft v. Cook
  446 F.2d 1222· 5th Cir.· 1971-08-13 ·cited 5×
  The court held that the petitioner was not entitled to habeas corpus relief based on the exclusion of women from juries, as the ruling on unconstitutionality should be applied prospectively.
• Barefield v. State OF NEW Mexico
  434 F.2d 307· 10th Cir.· 1970-11-13 ·cited 5×
  The court held that a retrospective competency hearing, even if held years after the plea, is not per se inadequate if the psychiatrists who examined the defendant prior to the plea testify.
• North v. State
  217 So. 2d 608· Fla. 1st DCA· 1969-01-21 ·cited 5×·via Writ Of Habeas Corpus
  The appellate court quashed the appeal because the petition for a writ of habeas corpus failed to allege that the petitioner was in custody.
• Williams v. State OF Ala. & N. L. Hale
  403 F.2d 1019· 5th Cir.· 1968-12-02 ·cited 5×·via Writ Of Habeas Corpus
  A sentence within statutory limits is generally not subject to constitutional challenge, even if increased upon retrial after a prior conviction was set aside, unless the increase constitutes a penalty for exercising post-conviction remedies.
• Rion v. Purdy
  212 So. 2d 304· Fla. 3d DCA· 1968-07-02 ·cited 5×·via Writ Of Habeas Corpus
  The court held that the trial court did not err in dismissing the petition for writ of habeas corpus and remanding the appellant for rendition, as the extradition warrant was valid and supported by competent evidence.
• Schack v. State of Fla. & L. L. Wainwright
  202 So. 2d 824· Fla. 1st DCA· 1967-09-21 ·cited 5×·via Writ Of Habeas Corpus
  Schack sought habeas corpus relief after completing his sentence in one case, requesting bail reduction in that case. The court affirmed the lower court's denial of the petition, finding that Schack was lawfully detained for serving sentences in two other cases and was not entitl
• Dobson v. Cameron
  D.D.C.· 1967-09-01 ·cited 5×
  The court's majority opinion unfortunately blurs the distinction between civil and criminal commitment statutes, potentially misapplying rights and procedures.
• Smith v. State
  180 So. 2d 675· Fla. 3d DCA· 1965-12-07 ·cited 5×·via Writ Of Habeas Corpus
  The court held that a motion for relief under Criminal Procedure Rule No. 1 was properly summarily denied when the grounds raised had already been judicially determined to be without merit.
• Boyd W. COX, Jr. v. State
  180 So. 2d 467· Fla. 2d DCA· 1965-12-01 ·cited 5×·via Writ Of Habeas Corpus
  Boyd Cox petitioned for habeas corpus to challenge his extradition to Tennessee on a criminal charge for failing to comply with a child support order. The court held that while the extradition did not meet the requirements of Florida's standard extradition statute (Chapter 941),
• Mangram v. State
  179 So. 2d 243· Fla. 1st DCA· 1965-10-26 ·cited 5×
  George Mangram appeals the denial of his motion to vacate a conviction for second-degree murder entered upon a guilty plea to a lesser offense than the grand jury indictment for first-degree murder. The court affirmed the denial, finding that Mangram received full constitutional
• Duckett v. Steiner
  332 F.2d 178· 4th Cir.· 1964-04-28 ·cited 5×·via Writ Of Habeas Corpus
  The court held that a federal evidentiary hearing is unnecessary when a state post-conviction proceeding has already provided a full and fair hearing on the issue.
• United States v. Holton
  227 F.2d 886· 7th Cir.· 1955-12-06 ·cited 5×·via Writ Of Habeas Corpus
  The dissenting judge believes the state court acted without authority by disregarding a Supreme Court mandate that had voided a conviction.
• Brown v. Frisbie
  178 F.2d 271· 6th Cir.· 1949-12-08 ·cited 5×·via Application For Writ Of Habeas Corpus
  The court held that the district court should have allowed the petitioner to present evidence supporting his factual allegations in his habeas corpus petition.
• Miller v. Sanford
  161 F.2d 291· 5th Cir.· 1947-05-02 ·cited 5×
  The court held that the petitioner's habeas corpus petition was properly denied because the sentence in the Southern District of Texas was explicitly made cumulative to a sentence in the Northern District of Texas, and the latter had not yet been fully served.
• Ex parte Aulday
  113 Fla. 70· Fla.· 1933-11-28 ·cited 5×·via Application For Writ Of Habeas Corpus
  Harry Aulday petitioned for habeas corpus relief, claiming the trial judge was disqualified due to prejudice after the judge refused to recuse himself when challenged under Florida law. The Florida Supreme Court held that habeas corpus is not the proper remedy to challenge a tria
• Wallace v. State
  390 So. 3d 1· Fla. 1st DCA· 2024-10-30 ·cited 4×·via Writ Of Habeas Corpus
  Michael Wallace seeks a writ of habeas corpus claiming manifest injustice based on the First District Court of Appeal's recent decision in State v. Rogers regarding the Statewide Prosecutor's authority under the Federal Wiretap Act. Wallace argues he is entitled to relief because
• Guardado v. Sec'y, Fla. Dep't of Corr.
  112 F.4th 958· 11th Cir.· 2024-08-12 ·cited 4×
  Jesse Guardado confessed to brutally murdering a seventy-five-year-old woman in 2004 and pleaded guilty without counsel, but was later represented during the penalty phase, which resulted in a death sentence. The Eleventh Circuit affirmed the denial of his federal habeas petition
• Kleckley v. State
  2022 WL 3566908· S.D. Fla.· 2023-03-02 ·cited 4×
  A resentencing on one count that does not alter the term of imprisonment or vacate the original judgment does not restart the AEDPA limitations period for undisturbed counts.
• Jones v. State
  279 So. 3d 342· Fla. 5th DCA· 2020-01-23 ·cited 4×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to argue that the automobile exception did not apply to the warrantless search of the vehicle, and that such an argument would have succeeded on appeal.
• McWilliams v. Comm'r, Ala. Dep't of Corr.
  940 F.3d 1218· 11th Cir.· 2019-10-15 ·cited 4×
  An Alabama inmate sentenced to death was denied meaningful psychiatric assistance at his capital sentencing hearing in violation of *Ake v. Oklahoma*, when the trial court refused his counsel's request for expert help to evaluate and present mental health mitigating evidence desp
• In re Bowles
  935 F.3d 1210· 11th Cir.· 2019-08-22 ·cited 4×
  Gary Ray Bowles, a death row inmate convicted of murder in 1994, sought authorization from the Eleventh Circuit to file a successive federal habeas petition claiming intellectual disability and thus ineligibility for execution under Atkins v. Virginia. The court denied his applic
• Hales v. State
  260 So. 3d 413· Fla. 3d DCA· 2018-11-28 ·cited 4×
  A circuit court lacks jurisdiction to review the legality of a conviction and sentence imposed in another circuit court.
• Barr v. State
  Fla. 4th DCA· 2018-10-10 ·cited 4×
  A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption great before denying pretrial release without bond; failure to make this finding is error, but may be deemed harmless if
• Dameon Tremayne Moore v. State of Fla. & Cornita A. Riley
  247 So. 3d 672· Fla. 5th DCA· 2018-05-23 ·cited 4×·via Writ Of Habeas Corpus
  Dameon Moore, detained pending trial on aggravated stalking and pretrial release violation charges, sought habeas corpus relief after the trial court denied his bail reduction motion without a hearing, labeling it "legally insufficient." The Florida District Court of Appeal, Fift
• Tysheona Smith v. State of Fla. & Cornita A. Riley
  247 So. 3d 77· Fla. 5th DCA· 2018-05-11 ·cited 4×·via Writ Of Habeas Corpus
  Tysheona Smith, found incompetent to proceed and arrested on new charges while on conditional release, petitioned for habeas corpus to challenge her pretrial detention. The court granted the petition, holding that when an incompetent defendant on conditional release commits a new
• Robert E. Banks v. Jones
  232 So. 3d 963· Fla.· 2017-12-21 ·cited 4×·via Writ Of Habeas Corpus
  The Florida Supreme Court resolved a certified conflict between district courts on whether inmates may use habeas corpus petitions to challenge close management housing assignments. The Court held that habeas corpus remains the proper vehicle for such challenges when the assignme
• Moise Harvey v. State
  238 So. 3d 353· Fla. 3d DCA· 2017-11-22 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the trial court erred in ordering pretrial detention without sufficient evidence of willfulness and without considering less onerous conditions of release.
• Mendoza v. State
  224 So. 3d 836· Fla. 3d DCA· 2017-08-09 ·cited 4×·via Writ Of Habeas Corpus
  Salvador Mendoza petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel, but the Florida District Court of Appeal dismissed the petition as procedurally barred because it was filed more than four years after his judgment and sentence became fi
• Bailey v. Jones
  225 So. 3d 776· Fla.· 2017-07-06 ·cited 4×·via Writ Of Habeas Corpus
  Robert J. Bailey seeks habeas corpus relief from his death sentence under Hurst v. Florida, which requires jury unanimity in recommending capital punishment. The Florida Supreme Court grants the petition, finding that Bailey's 11-1 jury recommendation violates Hurst and the error
• Knight v. State
  213 So. 3d 1019· Fla. 1st DCA· 2017-02-21 ·cited 4×·via Writ Of Habeas Corpus
  Brittany Knight, a daycare worker charged with aggravated manslaughter of a child, petitioned for a writ of habeas corpus challenging her $250,000 bail as excessive. The Florida First District Court of Appeal denied her petition, holding that she failed to meet her burden of prov
• Lancelot Uriley Armstrong v. State
  211 So. 3d 864· Fla.· 2017-01-19 ·cited 4×·via Writ Of Habeas Corpus
  The Florida Supreme Court vacated Armstrong's death sentence and remanded for a new penalty phase, finding that because the jury's 9-3 recommendation was made under the sentencing scheme invalidated by Hurst v. Florida, the harmless error standard required reversal since the cour
• Kenitra Monae Casper v. State
  187 So. 3d 255· Fla. 1st DCA· 2016-02-10 ·cited 4×·via Habeas Corpus Proceedings
• Jerone Hunter v. State
  175 So. 3d 699· Fla.· 2015-04-30 ·cited 4×·via Writ Of Habeas Corpus
  Jerone Hunter appeals the denial of his Rule 3.851 motion for postconviction relief in a capital murder case involving the brutal murders of six victims in Deltona, Florida. The Florida Supreme Court affirms the trial court's denial of Hunter's ineffective assistance of counsel c
• Zommer v. State
  160 So. 3d 368· Fla.· 2015-01-15 ·cited 4×·via Writ Of Habeas Corpus
  Todd Zommer was convicted of first-degree murder and sentenced to death for killing a 77-year-old woman. On postconviction appeal, Zommer challenged his death sentence on multiple grounds, including claims of ineffective assistance of trial counsel and constitutional challenges t