235 Florida cases classified under this topic, plus 1,235 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that a federal court may entertain constitutional claims in a habeas corpus petition when the state appellate court addresses the merits of the claim, even if a procedural default occurred at trial.
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The court held that a federal court's order extending probation to require restitution for offenses of which the defendant was not convicted is illegal and void.
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A federal district court lacks jurisdiction to hear a state habeas corpus petition when the petitioner is not in the custody of that state, even if the prior state conviction affects a current federal sentence.
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The court held that a federal habeas petition can be dismissed as successive and an abuse of the writ if it raises the same claims previously decided on the merits and fails to allege new grounds for relief.
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A federal habeas court may hear a jury selection claim even if not raised at trial, if state courts did not invoke their contemporaneous objection rule as a bar.
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672 F.2d 552·
5th Cir.·
1982-04-09
·cited 8×
The court held that the petitioner knowingly and intelligently waived his right to counsel, and the Louisiana conviction was not void.
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The court held that a breakdown in state procedure prevented the appellant from having a full and fair litigation of his Fourth Amendment claim, thus precluding federal habeas corpus relief.
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385 So. 2d 1160·
Fla. 2d DCA·
1980-07-11
·cited 8×
Florida appealed the dismissal of aggravated assault charges against Robert Bacon. The trial court dismissed the case when the victim disappeared and, after the state refiled the charges, granted Bacon's motion to dismiss based on alleged double jeopardy and expiration of speedy
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588 F.2d 934·
5th Cir.·
1979-01-29
·cited 8×
The court affirmed the denial of habeas corpus relief, holding that federal courts cannot grant relief on Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims.
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The court held that the petitioner did not have a constitutional right to counsel at his 1960 probation revocation hearing, and his failure to object to the use of that conviction for sentence enhancement waives federal habeas corpus review.
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A guilty plea does not bar federal habeas corpus relief when the petitioner has used available state habeas corpus proceedings to challenge the constitutionality of the statute under which they were convicted.
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The court held that even if an out-of-court identification procedure was suggestive, relief is not warranted if the in-court identification was independent and untainted.
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Failure to petition the Florida Supreme Court for certiorari after denial of state post-conviction relief does not bar federal habeas corpus relief for failure to exhaust state remedies.
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The court held that a new ground for habeas relief was raised, requiring remand to determine if it was deliberately withheld.
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A guilty plea does not waive the right to challenge a grand jury indictment based on systematic racial exclusion if neither the defendant nor counsel knew of this right at the time of the plea.
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The court held that the district court correctly denied the habeas corpus petition because the petitioner's claims did not rise to the level of constitutional violations.
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The court held that the appellant is entitled to a post-conviction hearing on the voluntariness of his confessions and relief under Witherspoon v. Illinois due to improper jury selection.
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A defendant is denied effective assistance of counsel if counsel fails to advise him of his right to appeal or obtain his informed consent to forego that right.
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A federal habeas corpus petitioner who has presented a claim to the highest state court has exhausted state remedies, even if the claim was raised on direct appeal rather than in a collateral proceeding.
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The dissenting judge would have remanded the case for an evidentiary hearing to determine if the right to challenge the search and seizure was waived and, if not, whether the search was valid.
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The court held that the petitioner deliberately abandoned his right to challenge the validity of his prior conviction by failing to utilize available state procedures, despite being informed of his right to do so.
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The court held that while the federal district court erred in finding procedural waiver under state law, there is no federal constitutional right to pretrial disclosure of prosecution witnesses, thus affirming the denial of habeas corpus.
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The court held that the state court's prior determination that prosecutorial comment on the defendant's failure to testify was harmless error was incorrect, and that the federal district court properly granted habeas corpus relief.
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The dissenting judge would affirm the district court's decision, disagreeing with the majority's grant of relief.
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The court held that Maryland's constitutional provision allowing juries to be judges of law as well as fact, despite its perceived unwisdom, does not violate the federal constitution's due process or equal protection clauses.
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Federal habeas corpus relief is not available for claims that do not violate fundamental liberties or for ineffective assistance of counsel unless egregious misconduct is proven, and state remedies must be exhausted.
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The court held that a petitioner claiming a Fourth Amendment violation in a federal habeas proceeding waives the attorney-client privilege regarding communications about the deliberate by-passing of state remedies.
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170 So. 2d 290·
Fla.·
1964-12-21
·cited 8×
The Florida Supreme Court denied a petition for certiorari challenging a District Court of Appeal decision in a habeas corpus case, holding that Section 79.11, F.S.A. (an 1879 statute requiring judicial consent for appeals) is obsolete and has been entirely superseded by the 1956
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The court held that federal habeas corpus relief is unavailable because the petitioner failed to exhaust state remedies by not presenting his federal constitutional claims to the state courts.
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73 So. 2d 860·
Fla.·
1954-07-20
·cited 8×
The Florida Supreme Court affirmed a mandamus order requiring the City of Miami Beach to issue a retail vendor's liquor license for a Service Bar restaurant. The Court held that special legislative acts granted the City authority to regulate the method of sale of alcoholic bevera
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206 F.2d 204·
6th Cir.·
1953-07-07
·cited 8×
A motion to correct or vacate a sentence under Federal Rule of Criminal Procedure 35 or 28 U.S.C. § 2255 is inapplicable when the appellant has not been sentenced for a criminal offense.
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205 F.2d 242·
2d Cir.·
1953-06-17
·cited 8×
The court held that the alien failed to meet the burden of proof to show unlawful detention, and thus the Attorney General's discretion to detain without bail was upheld.
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113 Fla. 746·
Fla.·
1934-01-15
·cited 8×
This habeas corpus case examines the legality of a five-year prison sentence for pleading guilty to "assault with intent to commit manslaughter." The court determined the sentence was legal under state statutes governing assaults with intent to commit felonies.
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101 Fla. 328·
Fla.·
1931-04-25
·cited 8×
L. M. Futch, Jr. was convicted of unlawfully withholding support from his minor children and sentenced to a fine or six months imprisonment, with the sentence suspended upon giving a bond conditioned on monthly child support payments of $40. On habeas corpus, Futch challenged the
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61 Fla. 29·
Fla.·
1911-01-01
·cited 8×
J. L. Goff challenged his felony conviction in habeas corpus proceedings by arguing that the Criminal Court of Record for Suwannee County was established by an unconstitutional act due to improper legislative journal entries. The Florida Supreme Court affirmed the validity of the
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51 Fla. 275·
Fla.·
1906-01-01
·cited 8×
Andrew Patterson challenged his detention under a Jacksonville city ordinance requiring racial segregation on streetcars. The Florida Supreme Court upheld the ordinance as a valid exercise of the city's police powers under its charter and rejected Patterson's equal protection cha
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26 Fla. 526·
Fla.·
1890-06-01
·cited 8×
Barton Thrasher sought a writ of error to challenge the Circuit Court's denial of bail in a murder prosecution. The Florida Supreme Court affirmed the denial, establishing that bail should be refused in capital cases only when the evidence is sufficiently strong that a judge woul
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The Eleventh Circuit held that the petitioner's amended state post-conviction motion related back to his initial filing, tolling the AEDPA statute of limitations. Therefore, his federal habeas petition was timely.
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The court held that the evidence, though minimal, was sufficient to support a finding of proximate cause for the victim's death beyond a reasonable doubt under the Jackson standard for federal habeas review.
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A prisoner is 'in custody' under an expired conviction only if the conviction is currently being used to enhance a subsequent sentence, not merely if it had collateral consequences. A motion to vacate a sentence based on reliance on an invalid conviction requires proof of relianc
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The court held that certain claims were procedurally defaulted and precluded from federal habeas review absent a showing of cause and prejudice, which the petitioner failed to demonstrate. Other claims were either exhausted or could be considered on their merits.
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Failure to timely challenge jury composition under state procedural rules constitutes a waiver of the right to federal habeas corpus relief, absent a showing of cause for the failure or actual prejudice.
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Gary Holstein, a prisoner serving multiple consecutive sentences imposed by different courts, sought to collaterally attack a sentence not yet being served under Criminal Procedure Rule I. The Florida District Court of Appeal affirmed that Rule I requires a petitioner to be in cu
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100 So. 2d 440·
Fla. 3d DCA·
1958-02-11
·cited 7×
This case involves a dispute over a minor child's custody between the father and the paternal grandfather. The appellate court affirmed the father's custody but remanded the case to allow the trial court to consider visitation rights for the grandfather.
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80 So. 2d 330·
Fla.·
1955-04-22
·cited 7×
In this habeas corpus appeal, the Florida Supreme Court held that appeals from habeas corpus orders seeking release from criminal custody must follow the criminal appeal timeline rules rather than civil procedure rules. The court denied the appellee's motion to dismiss based on a
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108 Fla. 280·
Fla.·
1933-02-14
·cited 7×
Buchanan challenged the validity of Florida's electrocution statute and his death sentence in a habeas corpus proceeding. The Florida Supreme Court upheld the statute and affirmed the judgment remanding him for execution, holding that the duty to execute death sentences devolves
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The Court of Appeals did not err in its application of 28 U.S.C. § 2254(d) and the issue decided by the Supreme Court was not raised by the parties below.