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 held that the alien should not be deported under the Act of 1798 on the ground that he is a German citizen, and the writ should be sustained on the record as it stands, but allowed for a retrial if the respondent desires.
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Federal courts will not ordinarily re-examine questions adjudicated on the merits by state courts, even after exhaustion of state remedies, unless exceptional circumstances of peculiar urgency are shown.
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The court held that the prosecutor's failure to disclose the presence of a knife did not prejudice the appellant's trial, as the evidence did not support his self-defense claim.
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The court held that the appellant's motion for reconsideration and leave to proceed in forma pauperis should be denied because the District Court's certification that the appeal was not taken in good faith was warranted, and this court cannot settle the record.
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Robert James Carroll petitioned for habeas corpus challenging his commitment for civil contempt for non-payment of alimony, arguing the commitment order was vague and violated due process. The Florida Supreme Court held that contempt orders in family matters could be reviewed by
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158 F.2d 337·
7th Cir.·
1946-11-30
·cited 4×
A petitioner cannot collaterally attack a prior denaturalization judgment, and fraudulent acquisition of citizenship and lack of attachment to U.S. principles preclude an alien from asserting rights to remain in the United States.
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The court held that the sufficiency of an indictment is not open to challenge on habeas corpus when the court has jurisdiction over the offense and the person.
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The court held that the petitioner failed to establish he did not competently and intelligently waive his constitutional right to counsel.
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The court held that a habeas corpus petition cannot serve as a late appeal and that the conviction was valid based on sufficient evidence, even if a presumption was improperly used.
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The court held that the petition for writ of mandamus should be denied because the habeas corpus petition was properly filed with the district court and assigned to Judge Goodman, and the petitioner waived any objection to jurisdiction by proceeding without objection.
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A federal court may deny a petition for a writ of habeas corpus when the petitioner is in custody awaiting trial for violating the Selective Training and Service Act, as the custody is lawful under precedent.
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The court affirmed the denial of the writ of habeas corpus, finding that the appellant was not denied his constitutional right to counsel and that his guilty pleas were voluntary.
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The court held that a petitioner claiming U.S. citizenship, supported by evidence, is entitled to a judicial trial on that claim when facing deportation.
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Jesse Cohen petitioned for habeas corpus claiming wrongful detention by the Sheriff of Manatee County after his criminal trial was continued. The Florida Supreme Court held that while the bond amount may have been excessive, Cohen was not entitled to discharge without bail, and t
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In this habeas corpus proceeding, the Florida Supreme Court discharged petitioners who were held in contempt for causing executions to be levied on logs that had already been sold and delivered by a court-appointed receiver to a purchaser. The court held that levying executions o
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The Florida Supreme Court considered whether it had original jurisdiction to issue a writ of mandamus. The Court held that its original jurisdiction is limited to issuing certain remedial writs to maintain general superintendence and control over other courts, and not for general
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2022 WL 17668456·
N.D. Fla.·
2026-02-06
·cited 3×
Anthony McMillian's 28 U.S.C. §2254 habeas corpus petition was dismissed as untimely. The district court adopted the magistrate judge's recommendation that the petition failed to comply with the statute of limitations, which began running at the end of the 30-day period for seeki
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The court held that the petition for writ of habeas corpus should be dismissed as duplicative of a pending petition.
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A habeas corpus petition based on claimed manifest injustice in a 1985 conviction does not qualify for relief absent circumstances falling within the narrow category of manifest injustice exceptions.
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92 F.4th 1328·
11th Cir.·
2024-02-15
·cited 3×
The Eleventh Circuit held that the district court erred in granting habeas relief because reasonable jurists could disagree on whether placing the suspect in a room with another suspect constituted interrogation under Miranda, thus the state court's decision was not an unreasonab
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There was sufficient probable cause to find that a minor violated Florida Statute 836.10(2)(a) by placing a written threat to kill on her desk in a public school classroom in plain view of a teacher. The statute prohibits sending, posting, or transmitting a written threat in any
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2022 WL 3544312·
S.D. Fla.·
2023-02-16
·cited 3×
The court held that a petitioner must exhaust administrative remedies with the Bureau of Prisons before filing a § 2241 petition, even if on supervised release.
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34 F.4th 1014·
11th Cir.·
2022-05-19
·cited 3×
The Eleventh Circuit affirmed the district court's denial of Blackmon's habeas petition, finding no violation of clearly established federal law regarding ineffective assistance of counsel.
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Alex Garcia, a 16-year-old with a learner's permit, was charged with four counts of DUI manslaughter after driving his mother's vehicle at excessive speeds and causing a fatal crash that killed four occupants of another vehicle. The trial court ordered pretrial detention, and Gar
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The appellate court reviewed a trial court's order denying a motion to modify bail conditions, specifically GPS monitoring costs. The court converted the petition to a writ of habeas corpus and ultimately denied relief, finding no abuse of discretion by the trial court.
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M.D. Fla.·
2020-12-14
·cited 3×
The court denied the motion for reconsideration because the petitioner failed to present newly discovered evidence or demonstrate manifest errors of law or fact, and his claim for transfer to home confinement is not cognizable under 28 U.S.C. § 2241.
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The court granted a petition for writ of habeas corpus, vacating a prior sentence. The petitioner argued his sentence was improperly based on a prior felony conviction for which he did not serve state prison time, a situation later clarified by the Florida Supreme Court.
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Defendant Shavis Johnson petitioned for habeas corpus challenging revocation of his pretrial bond in two 2018 cases after his arrest on new charges in 2019. The trial court revoked his bond despite a first appearance judge's earlier decision not to revoke it. The court held that
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Appellate counsel is ineffective when failing to raise on direct appeal a trial court's failure to conduct a competency hearing after ordering a competency evaluation, which constitutes fundamental error.
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260 So. 3d 578·
Fla. 3d DCA·
2019-01-25
·cited 3×
A trial court must accept a defendant's written waiver of presence and cannot issue an alias capias and estreature of bond to compel attendance when such waiver is properly submitted.
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The Florida Fifth District Court of Appeal granted a habeas corpus petition challenging a trial court's authority to detain a defendant pending a hearing on the source of bail funds (a Nebbia hold). The court held that while trial courts may inquire into the source of bail funds
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871 F.3d 1215·
11th Cir.·
2017-09-22
·cited 3×
The dissenting judge believes the majority erred in dismissing the appellant's Johnson claim. The dissent argues that the appellant adequately demonstrated he was sentenced under the ACCA's residual clause and that his aggravated assault conviction in Georgia does not qualify as
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Hertz petitions for habeas corpus relief from his death sentence for two murders committed during a home invasion, robbery, and arson in 1997. The Florida Supreme Court grants relief, vacating his death sentence and remanding for a new penalty phase because his jury's 10-2 recomm
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Matthew Lee Caylor was convicted of first-degree murder and sentenced to death for the 2008 murder of 13-year-old Melinda Hinson. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that Florida's death penalty scheme as applied to Caylor vio
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The court held that a trial court cannot deny bond when the state has not filed a motion for pretrial detention and the charged offenses are not capital or life felonies.
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Jonathan Page seeks habeas corpus relief after being convicted of second-degree murder in 2010 using a fundamentally flawed jury instruction on manslaughter by act. The Florida Supreme Court later determined in Montgomery that this instruction was erroneous because it incorrectly
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201 So. 3d 628·
Fla.·
2016-09-08
·cited 3×
On remand from the U.S. Supreme Court's decision in Hall v. Florida (2014), the Florida Supreme Court reversed its prior decision and held that Freddie Lee Hall, who scored above 70 on IQ tests, nonetheless qualifies as intellectually disabled and therefore cannot be executed und
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Lawrence Corner appealed the trial court's denial of his motion to file a petition for writ of habeas corpus challenging his 2001 convictions for kidnapping and sexual battery. The court affirmed the denial, finding that Corner was attempting to use habeas corpus as a disguised r
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Florida appellate court granted habeas corpus petition where juries convicted defendant of robbery with a firearm but made special findings he did not possess a firearm, creating an inconsistent verdict that constituted manifest injustice.
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The court held that appellate counsel was ineffective for failing to raise an issue that led to a co-defendant's conviction being reversed, entitling the petitioner to a new appeal.
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Tai Pham appealed the circuit court's denial of his motion to vacate his death sentence filed under Florida Rule of Criminal Procedure 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower court's denial of postconviction relief and denied
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174 So. 3d 498·
Fla. 4th DCA·
2015-08-19
·cited 3×
A conviction for an uncharged crime is a due process violation that can be raised at any time, and a negotiated plea does not cure this error.
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Fritz Thermidor Jr. petitioned for a writ of habeas corpus challenging the trial court's denial of bail on a robbery with a firearm charge. The appellate court granted the petition, finding that the State failed to establish that guilt was evident or the presumption was great, as
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The trial court erred in vacating the convictions because the appellate court's prior ruling on the defendant's claims constituted law of the case, and the claims were time-barred and successive under the relevant rules.
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James Osborne sought certiorari review of an order dismissing his habeas corpus petition challenging the Department of Corrections' calculation of his release date. The appellate court reversed the dismissal, finding the trial court erred by dismissing the petition on non-merits
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Abel Smith petitioned for a writ of habeas corpus claiming he was illegally incarcerated and entitled to relief granted to his co-defendant based on a defective probable cause affidavit. The court denied the petition after discovering that Smith's supporting documents, including
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The court held that a complaint for a writ of habeas corpus, alleging completion of a court-imposed sentence, is facially sufficient to state a prima facie case for relief, even if the sentence expiration is due to gain time awards.
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The court held that the petitioner's repeated filings constitute an abuse of process and barred him from future pro se filings concerning his conviction.
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The State appealed a trial court order vacating a juvenile's no-contest plea and setting aside her judgment and sentence. The appellate court found it lacked statutory jurisdiction to hear the State's direct appeal but treated it as a petition for writ of certiorari, which it den
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