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 found that the Petitioner's waiver of his Miranda rights was not knowing and intelligent due to his severe intellectual deficits, and therefore his confession should have been suppressed.
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The court held that the trial court did not err in denying the petition for writ of habeas corpus.
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William Reaves, a death row inmate, petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The Florida Supreme Court denied the petition, finding that Reaves' claims either involved variants of issues already decided on direct appeal or were
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Robert Brian Waterhouse, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, asserting four claims of ineffective assistance of appellate counsel relating to his 1980 first-degree murder conviction and death sentence. The Court denied the petitio
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A juvenile petitioner sought habeas corpus relief challenging his detention beyond twenty-one days in a secure juvenile detention facility. The court held that the state's mere assertion of intent to file adult charges, without demonstrating how the nature of the charges requires
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Tyrone Moore sought habeas corpus relief, claiming his appellate counsel was ineffective for failing to challenge the trial court's denial of his request to proceed pro se. The court held that the trial court erred in denying Moore's self-representation request based on his perce
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Burley Gilliam, sentenced to death for the 1988 conviction of first-degree murder and sexual battery, appealed the denial of his Rule 3.850 postconviction relief motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of postconviction relief and the hab
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Dana Peacock appeals the trial court's revocation of his supersedeas bond after his conviction for sexual offenses involving minors. The appellate court found that Peacock was not intentionally or willfully violating the electronic monitoring condition when he was released from j
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Randy Steven Martin filed a successive petition for habeas corpus challenging his conviction and sentence. The Third District Court of Appeal denied the petition, finding that Martin was abusing the judicial process through repetitive and baseless filings, and directing the clerk
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Jerry L. Wilson sought habeas corpus relief challenging the forfeiture of his prison gain time credits upon revocation of his control release. The Florida Supreme Court denied the petition, holding that Wilson waived any ex post facto claims by voluntarily accepting early release
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The petition for writ of habeas corpus is denied because it was untimely filed and petitioner did not allege he was affirmatively misled by counsel.
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Benjamin Fannin appeals the trial court's denial of his Rule 3.850 postconviction relief motion, challenging his conviction based on allegedly perjured testimony and his sentence of consecutive minimum mandatory sentences that exceeded the sentencing guidelines. The court reverse
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The court held that a petition for writ of habeas corpus cannot be used to seek monetary damages or compel criminal charges.
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George Williams petitioned the Florida Supreme Court for a writ of habeas corpus seeking overcrowding credits under Lynce v. Mathis and Gomez v. Singletary. The court held that individualized factual determinations regarding credit eligibility are better suited for circuit courts
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The court held that the trial court erred in imposing a general sentence for multiple counts and in failing to award sufficient credit for time served.
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James Kerklin, an inmate in the Florida Department of Corrections, petitioned for habeas corpus to challenge a detainer placed by the Highlands County Sheriff seeking to return him to county jail to complete a two-year sentence after his DOC sentence. The Second District Court of
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The court held that appellate counsel was ineffective for failing to raise the meritorious issue of an erroneous jury instruction on entrapment.
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Moses Green, a former juvenile offender, appealed the denial of his habeas corpus petition challenging his 1991 plea to second-degree murder. The court affirmed, holding that Green's claims were barred by the two-year statute of limitations for Rule 3.850 motions and could not be
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The court held that the petitioner's unrebutted testimony and affidavit were sufficient to establish his inability to pay the purge amount, and incarceration was therefore improper.
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The court affirmed the trial court's order summarily denying the motion for post-conviction relief.
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715 So. 2d 1061·
Fla. 5th DCA·
1998-07-31
·cited 4×
Defendant's rule 3.850 motion for postconviction relief based on ineffective assistance of counsel for failing to file a direct appeal was affirmed, but the court allowed him to pursue a habeas corpus petition for a belated appeal if he could allege a timely request for appeal.
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Brown petitioned for a writ of habeas corpus seeking a belated appeal of his 1995 convictions for aggravated battery with a firearm and attempted first degree murder, alleging his trial attorney failed to file an appeal he requested. The court granted the petition, finding the tw
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Four juveniles on community control were found in indirect contempt for violating their orders and placed in secure detention. They petitioned for habeas corpus, arguing the court abused its discretion. The court upheld the contempt findings and detention, holding that Florida la
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The court held that the petition for a writ of habeas corpus must be denied because the controversy has been rendered moot by the vacation of the contempt order and resulting incarceration.
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Rozar petitioned for a belated appeal of a trial court's order denying his Rule 3.850 motion, claiming he had timely prepared and delivered a notice of appeal to the Department of Corrections for mailing but it was never received. The appellate court granted the petition, finding
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The court held that the trial court erred in denying the petitioner's motion to set bond by applying an incorrect standard of proof.
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Mark Cooper appeals the revocation of his conditional release on concurrent sentences, arguing that his early discharge on a grand theft charge should not have been revoked because that charge did not qualify for conditional release under the Conditional Release Act. The court ho
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The court held that petitioners are not in custody and therefore lack standing to seek a writ of habeas corpus, even if their underlying claims were meritorious.
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Byron Lowery appealed an order denying his in forma pauperis motion and petition for writ of habeas corpus challenging his prison classification. The court reversed, holding that a prior sanction against Lowery in the appellate court cannot serve as precedent to deny filing right
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The court held that the bail amount was excessive because it was increased without sufficient exploration of the defendant's assets or the purposes of bail.
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The appellate court affirmed the trial court's denial of the defendant's petition for writ of habeas corpus.
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644 So. 2d 484·
Fla.·
1994-09-08
·cited 4×
Jacob Dougan, convicted of murder and sentenced to death, petitioned for habeas corpus relief arguing that a defective jury instruction on the aggravating factor of 'heinous, atrocious, or cruel' violated Espinosa v. Florida. The Florida Supreme Court denied the petition, finding
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The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding it time-barred.
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The court held that a claim for failure to enter written findings of fact before imposing adult sanctions on a minor is procedurally barred if not raised in a timely postconviction motion.
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634 So. 2d 206·
Fla. 3d DCA·
1994-03-22
·cited 4×
Nerey petitioned for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a Miranda waiver issue on appeal. The Florida District Court of Appeal, Third District, denied the petition, holding that appellate counsel has discretion to focus on str
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15 F.3d 1011·
11th Cir.·
1994-03-07
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The Eleventh Circuit affirmed the denial of habeas relief, holding that the Interstate Agreement on Detainers Act does not apply to transfers of federal prisoners between federal judicial districts.
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994 F.2d 189·
5th Cir.·
1993-06-17
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The court held that while the Fifth and Sixth Amendment violations regarding psychiatric testimony were not harmless error, subsequent Supreme Court precedent on double jeopardy prevents barring a new sentencing hearing based on insufficient evidence from a prior trial.
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989 F.2d 841·
5th Cir.·
1993-05-04
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A defendant must make a factual showing sufficient to give the trial court reasonable ground to doubt his sanity at the time of the offense to be entitled to a court-appointed psychiatrist under Ake v. Oklahoma.
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The trial court erred in entering a judgment awarding personal property located in Italy, as it lacked personal jurisdiction over the defendant. The judgment is void.
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987 F.2d 1116·
5th Cir.·
1993-03-25
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The court held that the Texas capital sentencing scheme, including its special issues, is constitutional and that the district court properly deferred to state court findings of fact. The court also found no unconstitutional deprivation of mental health expert assistance.
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989 F.2d 1021·
9th Cir.·
1993-03-02
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The Ninth Circuit granted a certificate of probable cause and a stay of execution, finding that the district court erred in denying standing to a "next friend" petition for habeas corpus.
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986 F.2d 407·
10th Cir.·
1993-02-19
·cited 4×
The court held that the Marshal's Service's execution of the parole violator warrant contrary to the Parole Commission's instructions rendered the execution invalid, thus eliminating the requirement for a timely parole revocation hearing.
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984 F.2d 203·
7th Cir.·
1993-01-14
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The court held that a petitioner challenging a conviction used for sentence enhancement must demonstrate actual innocence or cause and prejudice for procedural defaults, and that a guilty plea is valid if voluntary and intelligent, not solely dependent on strong evidence of guilt
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983 F.2d 98·
8th Cir.·
1992-12-23
·cited 4×
The court held that the appellant's claims of ineffective assistance by post-conviction counsel and inadequate funding are without merit and barred as successive, abusive, or procedurally defaulted.
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The court held that the petitioner is excused from procedural defaults due to ineffective assistance of counsel, which constitutes cause and prejudice for raising his claim.
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979 F.2d 746·
9th Cir.·
1992-11-10
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The court held that the prosecution's late notice of a rebuttal witness did not violate due process, and the defendant's absence from a portion of a voluntariness hearing was harmless error. However, claims previously deemed procedurally barred regarding sentencing may be conside
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Freeman Brintley petitioned for a writ of habeas corpus, claiming ineffective assistance of counsel on direct appeal for failing to challenge his sentencing. The court granted the petition, finding that Brintley's ten-year sentence was erroneously imposed because the trial court
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977 F.2d 292·
7th Cir.·
1992-10-05
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The Bureau of Prisons is an 'agency' under the Administrative Procedure Act, but procedural errors in disciplinary hearings do not automatically render an inmate's custody illegal or unconstitutional.
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975 F.2d 1473·
10th Cir.·
1992-09-22
·cited 4×
The denial of a continuance to secure a witness's testimony did not violate the appellant's constitutional rights because it was not arbitrary or unreasonable and did not render the trial fundamentally unfair.