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 correctly dismissed the habeas corpus petition because the state's custody did not violate federal constitutional rights.
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The court held that the petitioner had not exhausted his state remedies and had deliberately bypassed available state appellate review, thus precluding federal habeas corpus relief.
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428 F.2d 508·
6th Cir.·
1970-06-05
The appellate court affirmed the district court's denial of the motion to vacate the sentence, finding the guilty plea was entered voluntarily and intelligently, and that the defendant received effective assistance of counsel.
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The court held that the appellant's arraignment was not a critical stage and he failed to show prejudice from the denial of counsel.
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The court held that the federal district court properly dismissed the habeas corpus petition without prejudice for failure to exhaust state remedies under the amended Missouri Rule 27.26.
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226 So. 2d 876·
Fla. 2d DCA·
1969-10-03
The Florida District Court of Appeal reversed a trial court's order requiring the State of Florida to post a $10,000 supersedeas bond in a habeas corpus appeal. The court held that circuit courts lack authority under Florida Appellate Rule 5.12 to require supersedeas bonds from t
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A federal district court should not grant a writ of habeas corpus if state remedies are unexhausted, but may hold the application in abeyance.
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The court held that the jury instruction, while containing an imprecise statement about presumptions, did not rise to the level of constitutional error and thus did not deprive the appellant of a fair trial.
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The court affirmed the denial of habeas corpus on most grounds but remanded for further state court review on the issue of ineffective assistance of counsel.
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The court held that the appellant must exhaust state post-conviction remedies before pursuing federal habeas corpus relief.
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376 F.2d 604·
4th Cir.·
1967-04-07
The court held that the District Court for the Eastern District of Virginia lacked personal jurisdiction over the District of Columbia Parole Board and should have transferred the cases to the District of Columbia Circuit.
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The court held that the case should be remanded to the trial court to consider constitutional objections that may have been presented to the state court but not reflected in its opinion.
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The court held that the appellant's state court conviction did not violate his constitutional right to due process, despite claims of trial errors.
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The failure to inform a defendant of their right to counsel and to subpoena witnesses at an examining trial does not vitiate a conviction based on a subsequent guilty plea entered with counsel.
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365 F.2d 752·
9th Cir.·
1966-07-22
A defendant waives the right to challenge the nature of prior convictions for habitual criminal status by admitting them, unless the objection is raised at trial.
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A defective indictment for murder, which sufficiently informed the accused of the nature of the charge and did not mislead him, is not grounds for federal habeas corpus relief.
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181 So. 2d 363·
Fla. 4th DCA·
1966-01-11
The Fourth District Court of Appeal of Florida adopted a rule allowing the Clerk to file and docket notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1 without requiring any fees or costs, similar to habeas corpus proceedings. This rule applies
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The court held that the relator had not exhausted his state remedies regarding the issues raised on appeal.
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172 So. 2d 851·
Fla. 1st DCA·
1965-03-23
The Florida District Court of Appeal rejected an indigent death row inmate's request for appointed counsel in a habeas corpus proceeding, holding that such collateral attacks on criminal convictions are civil in nature and thus do not trigger Sixth Amendment right-to-counsel guar
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A federal court need not require a state prisoner to repetitiously seek relief from state courts if the same federal constitutional issues have already been decided against him.
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156 So. 2d 896·
Fla. 1st DCA·
1963-10-03
This case concerns a rule adopted by the Florida District Court of Appeal, First District, to waive filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. The court established this rule under its inherent power to govern its inte
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156 So. 2d 655·
Fla. 2d DCA·
1963-08-12
The Florida District Court of Appeal adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1, regardless of the appellant's financial status. This rule aims to facilitate access to appellate review for indigen
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The court held that the relator's application for a writ of habeas corpus was properly denied without a hearing because the trial record contradicted his allegations of coerced confessions.
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The court held that the petitioner failed to exhaust state remedies by not seeking certiorari, and his claims were without merit.
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The court held that the prisoner's claim regarding lack of counsel in recidivist proceedings was not exhausted in state courts and thus denied federal relief at this time.
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287 F.2d 286·
7th Cir.·
1961-02-23
An arrest and detention made under a facially invalid rendition warrant, even if later validated by supplementary documents in a habeas corpus proceeding, constitutes a deprivation of liberty violating the Due Process Clause of the Fourteenth Amendment.
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A state prisoner seeking federal habeas corpus must exhaust state remedies, which includes obtaining a required statutory certificate for appeal from a state habeas denial, even if indigent.
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92 So. 2d 411·
Fla.·
1957-01-16
Mathew Smith appeals his perjury conviction for allegedly lying during habeas corpus proceedings about his arrest history. The Florida Supreme Court reverses, holding that the false statements were not material to the issue before the court in the habeas corpus proceeding, which
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180 F.2d 924·
5th Cir.·
1950-03-31
The court held that the Attorney General has the authority to order the exclusion of an alien without a hearing, consistent with inherent executive power.
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137 Fla. 766·
Fla.·
1939-05-19
Tom Dykes challenged his perjury conviction via habeas corpus, arguing the indictment was defective and violated his rights. The Florida Supreme Court affirmed his conviction, holding that habeas corpus cannot be used to attack the sufficiency of an indictment and that the indict
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75 Fla. 85·
Fla.·
1918-01-17
The Florida Supreme Court denied a motion to amend or supplement the bill of exceptions in a habeas corpus proceeding, holding that bills of exceptions cannot be amended by certiorari in the appellate court and any amendments must be made in the trial court before appellate proce
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62 Fla. 50·
Fla.·
1911-06-01
The Florida Supreme Court affirmed a lower court's decision to remand George Floyd to custody for failing to work public roads. The court found that even if a special road law was unconstitutional, Floyd's actions were still punishable under general state laws.
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61 Fla. 342·
Fla.·
1911-01-01
The Florida Supreme Court dismissed a writ of error in a habeas corpus case concerning child custody due to a lack of jurisdiction over the defendant in error. The court found that proper legal procedures, such as issuing and serving a scire facias, were not followed, and the wri
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11 Fla. 91·
Fla.·
1865-01-01
This case involves the interpretation of a Confederate military conscription exemption for ministers of religion. The court held that Edward L. King, an ordained local preacher in the Methodist Episcopal Church, South, qualified for exemption from military service under the Febru