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

• Washington v. Harris
  650 F.2d 447· 2d Cir.· 1981-06-08 ·cited 53×
  The court held that the jury instructions regarding intent for the murder charge were not constitutionally erroneous, but remanded the issue of whether flawed instructions on other charges infected the murder conviction to state courts.
• Nelson v. Peyton
  415 F.2d 1154· 4th Cir.· 1969-06-25 ·cited 53×·via Habeas Corpus Relief
  A defendant denied the right to be informed of their right to appeal and how to exercise it, due to ineffective assistance of counsel, is entitled to habeas corpus relief without showing prejudice from the lack of appeal.
• Mrs W. M. Hancock v. Dupree
  100 Fla. 617· Fla.· 1930-08-05 ·cited 53×·via Writ Of Habeas Corpus
  A Florida mother challenged a county court judgment committing her children to state custody as dependent children, seeking their return via habeas corpus. The Supreme Court held that circuit courts have jurisdiction to issue writs of habeas corpus in child custody disputes and m
• Davis v. State of Fla. & Leon Davis
  Fla.· 2024-02-01 ·cited 52×·via Writ Of Habeas Corpus
  Leon Davis Jr. was convicted of three counts of first-degree murder, attempted murder, armed robbery, and arson for brutally robbing an insurance agency on December 13, 2007, robbing approximately $900, setting employees Yvonne Bustamante and Juanita Luciano on fire after dousing
• Rutherford v. State
  926 So. 2d 1100· Fla.· 2006-01-27 ·cited 52×·via Writ Of Habeas Corpus
  Arthur Dennis Rutherford, a death row inmate with an active death warrant, appealed the circuit court's denial of his successive postconviction motion for relief, raising five claims including newly discovered evidence about witness Mary Heaton's potential involvement in the murd
• Norberto Pietri v. State
  885 So. 2d 245· Fla.· 2004-08-26 ·cited 52×·via Writ Of Habeas Corpus
  Norberto Pietri was convicted of the 1988 murder of West Palm Beach police officer Brian Chappell and sentenced to death. On postconviction relief under Florida Rule 3.850, Pietri alleged multiple instances of ineffective assistance of counsel. The Florida Supreme Court affirmed
• Jones v. State
  740 So. 2d 520· Fla.· 1999-06-17 ·cited 52×·via Writ Of Habeas Corpus
  Ronnie Lee Jones, sentenced to death in 1981 for three counts of first-degree murder, challenged his conviction on grounds of incompetency to stand trial in postconviction proceedings. The Florida Supreme Court reversed and vacated his judgment and sentence because a twelve-year
• Forbes v. Singletary
  684 So. 2d 173· Fla.· 1996-10-31 ·cited 52×·via Writ Of Habeas Corpus
  The Florida Supreme Court granted habeas corpus relief to Michael Forbes, holding that he was entitled to credit for unforfeited gain time accumulated during his original incarceration when resentenced after probation violation. The Court also addressed the systemic problem of in
• Penry v. Lynaugh
  832 F.2d 915· 5th Cir.· 1987-11-25 ·cited 52×
  The court held that Texas law did not permit the jury to consider all of Penry's personal mitigating circumstances prior to sentencing, but was bound by superior authority to reject this contention.
• The Tribune Co. v. In re Public Records
  493 So. 2d 480· Fla. 2d DCA· 1986-07-09 ·cited 52×·via Writ Of Habeas Corpus
  The Tribune Company and others sought access to criminal investigative files held by the Pasco County Sheriff regarding murder convictions of Ernest Lee Miller and William Riley Jent. The circuit court denied access, treating post-conviction relief proceedings as "appeals" that k
• Mendoza v. Miller
  779 F.2d 1287· 7th Cir.· 1985-12-19 ·cited 52×
  The majority holds that the petitioner was not denied due process because the record contained sufficient indicia of informant reliability, the petitioner waived his right to exculpatory material, and the magistrate properly handled in camera review.
• Franklin v. State OF Or.
  662 F.2d 1337· 9th Cir.· 1981-12-07 ·cited 52×
  A district court may dismiss an action sua sponte before issuing summonses only if it clearly lacks subject matter jurisdiction. Otherwise, proper procedural steps, including summons issuance, must be followed.
• Bisaccia v. The Attorney Gen. of the State of N.J.
  623 F.2d 307· 3d Cir.· 1980-06-12 ·cited 52×
  The court held that using a co-conspirator's guilty plea as evidence of a defendant's guilt violates the Sixth Amendment right to confrontation.
• White v. Lackland Bloom
  621 F.2d 276· 8th Cir.· 1980-04-30 ·cited 52×·via Habeas Corpus Relief
  The court held that complaints alleging § 1983 conspiracies between private parties and immune public officials must meet a special, more specific pleading standard than generally required under the Federal Rules of Civil Procedure.
• Arnold v. McCARTHY
  566 F.2d 1377· 9th Cir.· 1978-01-13 ·cited 52×·via Writ Of Habeas Corpus
  The dissenting judge argues that the majority erred in finding no actual prejudice from the delay, asserting that the district court's finding of substantial prejudice should be affirmed.
• Pierre v. United States
  525 F.2d 933· 5th Cir.· 1976-01-08 ·cited 52×·via Writ Of Habeas Corpus
  Habeas corpus is not the appropriate vehicle for declaratory or injunctive relief unrelated to custody. However, an independent action for such relief may be possible.
• United States ex rel. Neil Bruce Checkman v. Hon. Melvin Laird
  469 F.2d 773· 2d Cir.· 1972-10-27 ·cited 52×·via Habeas Corpus Relief
  The court held that the Army's denial of conscientious objector status was erroneous because the administrative record lacked a sufficient basis in fact and failed to provide adequate reasons for the decision.
• Johnson v. Rundle
  59 So. 3d 1080· Fla.· 2011-01-06 ·cited 51×·via Writ Of Habeas Corpus
  The court sanctioned an inmate by barring him from filing further pleadings related to his conviction unless signed by a Florida Bar member.
• Marquard v. State
  850 So. 2d 417· Fla.· 2002-11-21 ·cited 51×·via Writ Of Habeas Corpus
  John Marquard, sentenced to death for the premeditated murder of Stacey Willets, challenges his conviction and sentence through a Rule 3.850 postconviction motion and habeas corpus petition. The Florida Supreme Court affirms the trial court's denial of postconviction relief and r
• Jones v. Moore
  794 So. 2d 579· Fla.· 2001-07-05 ·cited 51×·via Writ Of Habeas Corpus
  Clarence Jones, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus challenging his conviction and death sentence for the 1988 murder of Tallahassee police officer Ernest Ponce de Leon. The Court denied the petition, finding the claims either proc
• Coleman v. Singletary
  30 F.3d 1420· 11th Cir.· 1994-09-08 ·cited 51×
  Gerald Anthony Coleman, convicted of murdering his ten-year-old sister when he was fifteen years old, appealed his federal habeas corpus denial, challenging the admissibility of his confession on two grounds: that police violated his Fifth Amendment right to remain silent by cont
• Alphonso Cave v. Singletary
  971 F.2d 1513· 11th Cir.· 1992-08-26 ·cited 51×
  Alphonso Cave, convicted of murder and sentenced to death, challenged his conviction and sentence through a federal habeas corpus petition raising thirteen claims. The district court held an evidentiary hearing on Cave's claim of ineffective assistance of trial counsel and found
• Nassetta v. Stanton S. Kaplan
  557 So. 2d 919· Fla. 4th DCA· 1990-03-07 ·cited 51×·via Writ Of Habeas Corpus
  The court held that the trial judge's comment, while gratuitous, was not legally sufficient to establish prejudice and did not require disqualification.
• Branch v. Estelle
  631 F.2d 1229· 5th Cir.· 1980-12-04 ·cited 51×·via Habeas Corpus Relief
  The court held that the petitioner was not entitled to federal habeas corpus relief on any of his claims, affirming the denial of his petition.
• Greene v. Massey
  384 So. 2d 24· Fla.· 1980-05-08 ·cited 51×
  The Florida Supreme Court answered certified questions from the Fifth Circuit regarding the precedential effect of a per curiam opinion with special concurrences and the interpretation of Florida's reversal of Greene's murder conviction. The Court clarified that a per curiam opin
• Eberhardt v. Bordenkircher
  605 F.2d 275· 6th Cir.· 1979-09-10 ·cited 51×
  A prosecutor's comment on a defendant's failure to testify, even if brief, is not harmless error if the evidence is not overwhelming and the trial contained other substantial errors.
• McCHESNEY v. Henderson
  482 F.2d 1101· 5th Cir.· 1973-07-26 ·cited 51×
  A state court guilty plea is valid if intelligently and voluntarily made, even without express articulation of all constitutional rights, and post-conviction evidence can cure a silent trial record.
• Caraway v. Beto
  421 F.2d 636· 5th Cir.· 1970-01-21 ·cited 51×·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's grant of habeas corpus, finding that the petitioner was denied effective assistance of counsel.
• Jennings v. Sec'y, Fla. Dep't of Corr.
  55 F.4th 1277· 11th Cir.· 2022-12-13 ·cited 50×
  Brandy Bain Jennings, sentenced to death for three murders committed during a 1995 Cracker Barrel robbery, challenged his convictions and sentences on the grounds that his trial counsel rendered constitutionally ineffective assistance during the penalty phase by failing to adequa
• Asay v. State
  224 So. 3d 695· Fla.· 2017-08-14 ·cited 50×
  Mark James Asay, a death-sentenced prisoner with an active execution warrant, appealed the denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the circuit court's denial and rejected all of
• Mann v. State
  112 So. 3d 1158· Fla.· 2013-04-02 ·cited 50×
  Larry Eugene Mann, a death row inmate with an active execution warrant, appealed the denial of his Rule 3.851 postconviction motion and public records requests, and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the circuit court's denials on all grounds,
• Lawrence v. State
  969 So. 2d 294· Fla.· 2007-11-01 ·cited 50×·via Writ Of Habeas Corpus
  Jonathan Huey Lawrence, convicted of first-degree murder and sentenced to death, appealed denial of his Rule 3.851 post-conviction motion and filed a habeas petition challenging his conviction and sentence. The Florida Supreme Court affirmed the trial court's denial, finding no m
• Rutherford v. State
  940 So. 2d 1112· Fla.· 2006-10-12 ·cited 50×·via Writ Of Habeas Corpus
  Arthur Dennis Rutherford, a death row inmate with an active execution warrant, appealed the trial court's denial of his third successive motion for postconviction relief and dismissal of his motion to correct an illegal sentence, and petitioned for habeas corpus. The Florida Supr
• Lucas v. State
  841 So. 2d 380· Fla.· 2003-01-09 ·cited 50×·via Writ Of Habeas Corpus
  Harold Gene Lucas appeals the denial of his rule 3.850 postconviction motion and petitions for a writ of habeas corpus in his capital murder case. After five direct appeals, with four resulting in resentencing orders, the Florida Supreme Court affirmed the trial court's denial of
• Telisia Shaonte Kelley v. Rice
  800 So. 2d 247· Fla. 2d DCA· 2001-10-05 ·cited 50×·via Writ Of Habeas Corpus
  Telisia Kelley, an 18-year-old witness who failed to appear at trial after being subpoenaed, was arrested on a writ of bodily attachment and summarily found in contempt without proper due process protections. The court held that failure to appear in response to a subpoena constit
• Chandler v. Dugger
  634 So. 2d 1066· Fla.· 1994-02-24 ·cited 50×·via Writ Of Habeas Corpus
  Jim Eric Chandler, a death row inmate, petitioned for habeas corpus relief and appealed the denial of his postconviction motion, raising multiple claims of trial and appellate error and ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's denial
• Engle v. Dugger
  576 So. 2d 696· Fla.· 1991-01-15 ·cited 50×
  Gregory Scott Engle was convicted of first-degree murder and sentenced to death after a jury override. The Florida Supreme Court addressed his postconviction motion and habeas corpus petition, rejecting most claims as procedurally barred or without merit, but ordering disclosure
• Harris v. Vasquez
  913 F.2d 606· 9th Cir.· 1990-08-29 ·cited 50×
  The court affirmed the district court's denial of Robert Alton Harris's third federal petition for a writ of habeas corpus, finding no error in the denial without an evidentiary hearing.
• Delap v. Dugger
  513 So. 2d 659· Fla.· 1987-10-08 ·cited 50×·via Writ Of Habeas Corpus
  David Delap petitions for habeas corpus and a stay of execution, arguing that the jury instruction in his capital sentencing violated Lockett v. Ohio principles as clarified by Hitchcock v. Florida. The Florida Supreme Court denies the petition, finding that although the jury ins
• Coleman v. Brown
  802 F.2d 1227· 10th Cir.· 1986-09-30 ·cited 50×
  The court held that the trial court properly excluded jurors opposed to the death penalty, the exclusion did not violate the cross-section requirement, and the petitioner received effective assistance of counsel.
• State v. Beauford White
  470 So. 2d 1377· Fla.· 1985-04-25 ·cited 50×·via Writ Of Habeas Corpus
  Florida Supreme Court held that the U.S. Supreme Court's decision in Enmund v. Florida, which prohibited death sentences for defendants who did not kill or intend killing, did not bar execution of White, who was present during the murders, actively participated in restraining vic
• Elijah "Tootie Pie" Cosby, Jr. v. Jones
  682 F.2d 1373· 11th Cir.· 1982-08-16 ·cited 50×
  The court held that the inference of guilt from recent possession of stolen goods, without corroborating evidence, is insufficient to support a burglary conviction under the Jackson v. Virginia standard.
• Beavers v. Balkcom
  636 F.2d 114· 5th Cir.· 1981-02-05 ·cited 50×
  The court held that the federal district court should have dismissed the habeas corpus petition without prejudice because the specific issue of counsel's failure to obtain a psychiatric examination and present medical evidence was not fully developed in state court.
• Johnson v. Metz
  609 F.2d 1052· 2d Cir.· 1979-12-04 ·cited 50×
  The court held that a trial judge's conduct, including excessive intervention and comments, can deny a defendant's due process rights to a fair trial.
• Jiminez v. Estelle
  557 F.2d 506· 5th Cir.· 1977-08-12 ·cited 50×
  The court held that a federal habeas court must determine if there was 'cause' for the petitioner's failure to make a contemporaneous objection on the proper ground and if that failure resulted in actual prejudice, to allow review of a claim barred by state procedural rules.
• Moore v. DeYOUNG
  515 F.2d 437· 3d Cir.· 1975-04-08 ·cited 50×
  The federal court erred in granting a writ of habeas corpus and enjoining ongoing state criminal proceedings. The petitioner failed to exhaust his state court remedies on the merits of his speedy trial claim and did not demonstrate "extraordinary circumstances" that would justify
• Nolan v. Palmer C. Scafati
  430 F.2d 548· 1st Cir.· 1970-08-14 ·cited 50×·via Writ Of Habeas Corpus
  The court held that a prisoner's allegations of denial of due process and denial of access to the courts by prison officials state claims upon which relief may be granted, requiring further factual determination.
• Jackson v. Wainwright
  390 F.2d 288· 5th Cir.· 1968-02-26 ·cited 50×
  The prosecutor's failure to disclose exculpatory evidence regarding eyewitness identification violated the defendant's due process rights, entitling him to a writ of habeas corpus.
• Strand v. Schmittroth
  251 F.2d 590· 9th Cir.· 1957-06-24 ·cited 50×·via Writ Of Habeas Corpus
  A state court's jurisdiction over a defendant is not divested by the defendant's status as a federal probationer; physical custody, not probation status, determines which sovereign has control.
• Johnson v. State
  921 So. 2d 490· Fla.· 2005-03-31 ·cited 49×·via Writ Of Habeas Corpus
  Ronnie Johnson, sentenced to death for the 1989 first-degree murder of Tequila Larkins, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the circuit court's denial of all claims, finding no ineffecti