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 the district court erred in denying habeas relief for the assault conviction without an adequate record and may need to conduct an evidentiary hearing.
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The court held that the totality of the evidence was sufficient to sustain the perjury conviction and that the denial of the motion for grand jury records was proper.
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Federal habeas courts do not review state court evidentiary rulings unless a constitutional right was violated.
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The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims regarding the denial of counsel and the involuntariness of his confession lacked merit.
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A state prisoner must exhaust available state remedies before seeking federal habeas corpus relief.
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The court held that the trial court's restrictive 'pauper' standard for appointing counsel was unconstitutional and did not conform to federal mandate.
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The dissenting judge would affirm the trial court's finding that the appellant failed to meet the burden of proving an inadequate waiver of counsel.
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The court held that the district court did not err in denying the habeas corpus petition, as the issues raised did not present a federal constitutional question or were properly resolved.
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423 F.2d 201·
5th Cir.·
1970-03-16
·cited 2×
A habeas corpus petitioner who pleads guilty does not require an evidentiary hearing if the plea was voluntary and understood.
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419 F.2d 1375·
9th Cir.·
1969-12-01
·cited 2×
The court held that the state failed to prove the defendant intelligently and understandingly waived his right to counsel at sentencing.
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The court held that the petitioner's claims do not raise a federal question and that his statements were admissible under the law at the time of his conviction.
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The court held that the petitioner had not exhausted his state court remedies for the issues raised in his habeas corpus petition.
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The court held that the petitioner's claims of ineffective assistance of counsel and coerced guilty plea did not present federal constitutional issues.
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The court held that the district court's findings of fact were not clearly erroneous and were supported by substantial evidence, affirming the denial of the habeas corpus petition.
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373 F.2d 15·
10th Cir.·
1967-02-15
·cited 2×
The court held that the appellant failed to meet the burden of proving the state court's finding of voluntariness was erroneous, under the amended federal habeas corpus statute.
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The court held that a prisoner's failure to appeal a state sentence, after being informed of his rights, constitutes a deliberate bypass of state remedies, justifying denial of federal habeas corpus relief.
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362 F.2d 155·
7th Cir.·
1966-06-07
·cited 2×
The court affirmed the denial of the motion to vacate the judgment, finding that the issues raised had been previously decided or waived, and that the sentence correction was favorable to the defendant.
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361 F.2d 646·
4th Cir.·
1966-05-30
·cited 2×
The court held that the petitioner was not denied effective assistance of counsel and intelligently waived his right to a jury trial by pleading guilty.
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185 So. 2d 12·
Fla. 3d DCA·
1966-04-12
·cited 2×
The court held that a minor previously adjudicated delinquent does not require a hearing within two days to justify continued detention.
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The court held that the film sold by the defendant constituted hard core pornography and thus was not protected by the First Amendment.
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The court held that deliberate, purposeful use of state criminal machinery to deny constitutional rights constitutes an "extraordinary" case justifying pre-trial federal habeas relief, despite prior rulings to the contrary.
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345 F.2d 675·
6th Cir.·
1965-05-20
·cited 2×
The court held that illegal arrest, detention, and sufficiency of evidence are not grounds for relief under 28 U.S.C.A. § 2255, and counsel is not constitutionally required for such collateral attacks.
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The court held that the district court erred in finding that the appellant waived his constitutional claims by failing to raise them on direct appeal, as waiver requires an intentional relinquishment of a known right.
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331 F.2d 771·
D.C. Cir.·
1964-01-09
·cited 2×
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The court held that the federal district court correctly denied the petition for a writ of habeas corpus because the petitioner failed to exhaust his available state remedies.
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The court held that without a certificate of probable cause, an appeal from a denial of a habeas corpus petition is not valid.
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A state prisoner seeking federal habeas corpus relief must apply for certiorari to the U.S. Supreme Court as part of exhausting state remedies, even if the state court denied the petition without opinion.
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The court held that a state prisoner's claim that he was denied due process by the lack of appointed counsel was not grounds for habeas corpus relief when the prisoner had competently and intelligently waived his right to counsel under state law, and the state court had already a
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152 F.2d 959·
10th Cir.·
1946-01-11
·cited 2×
The court held that a prior decision of the Supreme Court did not invalidate the indictment, as the facts presented were distinguishable.
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122 Fla. 519·
Fla.·
1936-02-12
·cited 2×
The Florida Supreme Court held that Miami's city ordinance regulating liquor licenses conflicted with state law (Chapter 16774, Acts of 1935) and was therefore invalid. The petitioner was arrested for operating a liquor business without paying the city license tax required under
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98 Fla. 181·
Fla.·
1929-07-18
·cited 2×
In a habeas corpus proceeding, the Florida Supreme Court affirmed the Circuit Court's judgment remanding a petitioner to the County Court for correction of an allegedly defective judgment. The Court held that while habeas corpus may test the legality of commitment, remand for cor
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97 Fla. 215·
Fla.·
1929-02-16
·cited 2×
In a habeas corpus proceeding, Bill Young challenged the validity of the criminal information filed by an assistant county solicitor on the grounds that the Florida Constitution required the prosecuting attorney to file all information. The Florida Supreme Court affirmed the deni
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85 Fla. 54·
Fla.·
1923-01-19
·cited 2×
L.A. Peek challenged his conviction for maintaining a nuisance in West Palm Beach's municipal court, arguing the court lacked legal existence because its judge was appointed by the city commission rather than elected by voters. The Florida Supreme Court upheld the municipal court
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83 Fla. 652·
Fla.·
1922-05-19
·cited 2×
Edgar C. Frady sought a supersedeas (stay) of a circuit court order denying him bail while held on a murder indictment. The Florida Supreme Court denied the application, holding that granting a supersedeas would improperly reverse the lower court's bail determination before the w
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Kervin Moreno Mujica filed a federal habeas corpus petition under 28 U.S.C. § 2254 while his direct appeal was still pending in state court. The district court dismissed the petition as premature because Mujica had not exhausted his state court remedies, specifically his direct a
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The court held that a motion for reconsideration must identify manifest errors of law or fact, and that a motion for appointment of federal habeas counsel requires exhaustion of state remedies, with limited exceptions not met here.
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The court held that the petitioner's motion to stay federal habeas proceedings pending a decision on the cognizability of freestanding actual innocence claims should be denied because the petitioner failed to demonstrate actual innocence.
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The court held that the petitioner's claims regarding the HAC aggravator, proportionality of sentence, consideration of mitigating factors, and admission of evidence were procedurally barred or failed to meet the AEDPA standard of review.
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The court held that even if a constitutional right to self-representation on appeal exists, the defendant failed to properly invoke it due to a knowing and intelligent waiver not being established. Lay representation by an inmate is impermissible.
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982 F.2d 1356·
9th Cir.·
1993-01-04
·cited 1×
The court held that the district court did not abuse its discretion in denying a motion to videotape an execution pending appeal, as the evidentiary value was insufficient and outweighed by comity and privacy concerns.
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A mandatory indeterminate sentence of ten years to life for second-degree murder does not violate the Eighth and Fourteenth Amendments.
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The court held that the petitioner has raised a substantial issue regarding the sentencing judge's exercise of discretion, warranting an evidentiary hearing.
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The court granted certificates of probable cause and stayed execution pending appeal for both the denial of a Rule 60(b) motion and the denial of a successive habeas petition alleging ineffective assistance of appellate counsel.
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481 So. 2d 486·
Fla. 3d DCA·
1985-11-20
·cited 1×
The State of Florida appealed a habeas corpus discharge in an extradition case where the trial court found that the appellee was not the person named in a New York Governor's warrant for murder. The appellate court affirmed, holding that the State failed to establish a prima faci
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The court held that the district court erred in deciding two grounds without consulting the state trial transcript, requiring remand.
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166 So. 2d 705·
Fla. 3d DCA·
1964-08-05
·cited 1×
This case reviews a circuit judge's order in a habeas corpus proceeding that allowed an appellee to appeal an extradition warrant without paying costs. The appellate court reversed this part of the order, citing precedent that requires costs to be paid for appeals.
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The Court held that the petitioner's claims for ineffective assistance of counsel and double jeopardy were successive and dismissed for lack of jurisdiction, and the due process claim based on destroyed evidence was untimely.