Habeas Corpus Relief

565 Florida cases classified under this topic, plus 717 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Witt v. State
  387 So. 2d 922· Fla.· 1980-07-24 ·cited 619×·via Habeas Corpus Proceedings
  Johnny Paul Witt, convicted of first-degree murder and sentenced to death in 1974, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 based on alleged favorable changes in law. The Florida Supreme Court held that only major constitutional law changes ema
• Isley v. State
  652 So. 2d 409· Fla. 5th DCA· 1995-03-03 ·cited 527×
  The court held that the petitioner's claims were untimely, successive, and constituted an abuse of process, warranting a prohibition on further filings.
• Ennis Nettles v. Louie L. Wainwright
  677 F.2d 404· 5th Cir.· 1982-05-17 ·cited 504×·via Habeas Corpus Proceedings
  Failure to file written objections to a magistrate's report bars a party from de novo determination by the district court and from attacking factual findings on appeal, unless the magistrate informs the parties of the ten-day objection deadline.
• Castro Bobadilla v. Reno
  1993 WL 259424· S.D. Fla.· 1993-07-09 ·cited 343×·via Habeas Corpus Review
  The court held that the magistrate had jurisdiction, the charged offenses were within the extradition treaty, and there was sufficient evidence to support a finding of probable cause for extradition.
• Nelson v. State
  875 So. 2d 579· Fla.· 2004-06-03 ·cited 305×·via Habeas Corpus Proceedings
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant alleging ineffective assistance of counsel for failing to call witnesses must specifically allege in a Rule 3.850 postconviction motion that those witnesses would have been availab
• LoCONTE v. Dugger
  847 F.2d 745· 11th Cir.· 1988-06-20 ·cited 284×
  The court held that the district court did not err in denying the petition for habeas corpus relief, as the guilty plea was knowing, intelligent, and voluntary, and counsel was not ineffective.
• Gennero Galtieri v. Louie L. Wainwright
  582 F.2d 348· 5th Cir.· 1978-10-23 ·cited 251×·via Federal Habeas Corpus Relief
  The court holds that while generally mixed habeas petitions should be dismissed, district judges may address exhausted grounds when fundamental rights are at stake, and such decisions will be reviewed on the merits.
• Marshall v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  828 F.3d 1277· 11th Cir.· 2016-07-12 ·cited 197×·via Habeas Corpus Review
  Johnny Marshall appealed the denial of his habeas corpus petition challenging his Florida armed robbery conviction, arguing that his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to move to suppress an eyewitness identification obtained d
• Washington v. Strickland
  693 F.2d 1243· 5th Cir.· 1982-12-23 ·cited 191×·via Habeas Corpus Proceedings
  The court held that the district court erred in applying the outcome-determinative test for prejudice in a habeas corpus claim of ineffective assistance of counsel. It established a new standard for prejudice, requiring proof that the omitted mitigating evidence would have "subst
• Rodriguez v. State
  919 So. 2d 1252· Fla.· 2005-05-26 ·cited 181×
  Juan David Rodriguez, a death-sentenced prisoner, appeals the denial of his Rule 3.850 postconviction motion and petitions for writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all postconviction claims and denied habeas relief, finding no meri
• Snowden v. Singletary
  135 F.3d 732· 11th Cir.· 1998-02-18 ·cited 167×
  Harold Snowden was convicted of five counts of child abuse and sentenced to two consecutive life terms. On federal habeas review, the Eleventh Circuit held that expert testimony vouching for the credibility of child witnesses violated Snowden's due process right to a fair trial w
• State v. Johnson
  483 So. 2d 420· Fla.· 1986-02-06 ·cited 160×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that a defendant's double jeopardy rights are not waived by failing to raise the defense before a second trial, and that the state violated the double jeopardy clause when it set aside an unconditionally accepted plea and retried the defendant on th
• Hiers v. Mitchell
  95 Fla. 345· Fla.· 1928-02-22 ·cited 135×·via Habeas Corpus Proceedings
  The Florida Supreme Court reversed a lower court decision that held Chapter 12412, Acts of 1927 (an automobile tire and tube dealer license tax) unconstitutional. The court upheld the statute against multiple constitutional challenges, including claims that it violated the title
• McCLESKEY v. Kemp
  753 F.2d 877· 11th Cir.· 1985-01-29 ·cited 125×·via Habeas Corpus Review
• Durham Eldon Stokes v. Singletary
  952 F.2d 1567· 11th Cir.· 1992-01-27 ·cited 121×·via Habeas Corpus Review
  Durham Stokes was convicted of two murders and sentenced to death after confessing to police officers immediately following his initial court appearance, where counsel had been appointed. The Eleventh Circuit reversed and remanded for an evidentiary hearing, finding that the stat
• Calley v. Callaway
  519 F.2d 184· 5th Cir.· 1975-09-10 ·cited 120×·via Habeas Corpus Review
  The court held that federal courts have a limited scope of review for court-martial convictions, requiring claims to be of substantial constitutional dimension or fundamental legal error, and that the military courts had fairly considered Calley's claims.
• Pompey v. Cochran
  685 So. 2d 1007· Fla. 4th DCA· 1997-01-08 ·cited 107×
  Pompey was incarcerated for civil contempt based on nonpayment of child support without any evidentiary showing that he possessed the ability to pay the purge amount set by the court. The Fourth District Court of Appeal granted habeas corpus relief, holding that the trial court's
• Ex-Parte E. W. Bailey
  39 Fla. 734· Fla.· 1897-06-01 ·cited 104×·via Habeas Corpus Review
  The Florida Supreme Court reversed a lower court's decision to remand a petitioner to custody, finding that the petitioner's actions did not violate the statute under which he was charged. The court emphasized strict construction of penal statutes and found the petitioner's act o
• Weygandt v. Ducharme
  774 F.2d 1491· 9th Cir.· 1985-10-30 ·cited 102×
  The court held that the petitioner's counsel's failure to object to prosecutor's remarks, while an error, did not prejudice the petitioner given the overwhelming evidence of guilt, thus not violating the Sixth Amendment right to effective assistance of counsel.
• Mazen AL Najjar v. Ashcroft
  273 F.3d 1330· 11th Cir.· 2001-11-28 ·cited 101×
  Mazen Al Najjar, a Palestinian refugee and engineering doctorate holder, was ordered deported after overstaying his student visa, and the government detained him without bond based on classified information alleging ties to Palestinian Islamic Jihad, a terrorist organization. The
• Thompson v. State
  619 So. 2d 261· Fla.· 1993-04-01 ·cited 91×·via Federal Habeas Corpus Relief
  William Lee Thompson appealed his death sentence imposed after remand for resentencing in a 1976 kidnapping-murder case. The Florida Supreme Court affirmed the death penalty, finding harmless error regarding the admission of autopsy photographs and the use of the 'cold, calculate
• Baldwin v. Blackburn
  653 F.2d 942· 5th Cir.· 1981-08-14 ·cited 90×·via Habeas Corpus Review
  The court held that the district court did not err in denying an evidentiary hearing and in finding that the appellant's trial counsel was effective, and that the jury instructions, while irregular, did not render the trial fundamentally unfair.
• William "Billy" Mitchell v. Kemp
  762 F.2d 886· 11th Cir.· 1985-05-23 ·cited 89×
  The court held that the defendant's counsel was not ineffective and that the district court properly denied habeas corpus relief.
• Geza de Kaplany v. Enomoto
  540 F.2d 975· 9th Cir.· 1976-07-09 ·cited 89×·via Habeas Corpus Proceedings
  The dissent argues that the majority misapplied the Pate v. Robinson rule by not giving sufficient weight to evidence raising doubt about the defendant's competency to stand trial and plead guilty.
• Boykins v. Louie L. Wainwright
  737 F.2d 1539· 11th Cir.· 1984-08-03 ·cited 87×·via Habeas Corpus Review
  The court held that while the state trial court erred in excluding Dr. Rodriguez's testimony regarding the defendant's prior mental health issues, this error was not of constitutional magnitude and did not violate fundamental fairness.
• Damion Hayes v. Sec'y, Fla. Dep't of Corr.
  10 F.4th 1203· 11th Cir.· 2021-08-25 ·cited 86×
  Damion Hayes, convicted of attempted first-degree murder and armed trespassing, sought habeas corpus relief contending that his trial counsel rendered ineffective assistance by withdrawing an insanity defense on the first day of trial without adequately explaining the difference
• Maynard v. Meachum
  545 F.2d 273· 1st Cir.· 1976-11-19 ·cited 83×
  The court held that the standard for waiving the right to counsel is the same as for waiving the entire right, and a hybrid representation arrangement does not negate the need for a knowing and intelligent waiver.
• Bard v. Wolson
  687 So. 2d 254· Fla. 1st DCA· 1996-12-02 ·cited 79×·via Habeas Corpus Proceedings
  Bard challenged his conditional release revocation through habeas corpus. The trial court denied his petition without allowing him to respond to the Parole Commission's answer, violating procedural rights. The appellate court reversed and remanded, holding that habeas corpus peti
• O'Bryan v. W.J. Estelle, Jr.
  714 F.2d 365· 5th Cir.· 1983-08-26 ·cited 75×
  The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
• Hall v. Louie L. Wainwright
  733 F.2d 766· 11th Cir.· 1984-05-16 ·cited 74×·via Federal Habeas Corpus Relief
  The court held that a defendant may waive their right to be present at critical stages of a capital trial, and the specific circumstances of the defendant's absence during voir dire require further inquiry into knowing and voluntary waiver.
• State v. Vestel
  81 Fla. 625· Fla.· 1921-04-25 ·cited 72×·via Habeas Corpus Proceedings
  The Florida Supreme Court upheld a conviction for failure to pay a municipal license tax imposed under a 1911 statute, rejecting a constitutional challenge that the act violated the single-subject rule by including license tax provisions when the title referenced only property ta
• Levis Leon Aldrich v. Louie L. Wainwright
  777 F.2d 630· 11th Cir.· 1985-11-19 ·cited 71×·via Habeas Corpus Review
  The dissenting judge held that the petitioner was denied effective assistance of counsel because his counsel's lack of preparation and trial errors prejudiced him, creating a reasonable probability of a different outcome.
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• Peek v. Kemp
  784 F.2d 1479· 11th Cir.· 1986-03-05 ·cited 68×
  The court held that the trial court did not commit constitutional error by failing to personally question a juror before excusing him due to illness, nor by failing to instruct the jury to begin deliberations anew after substituting an alternate juror. The court also found that t
• Anderson v. Maggio
  555 F.2d 447· 5th Cir.· 1977-07-05 ·cited 68×
  The court held that the state trial court's admission of photographs for identification and the admission of a gun into evidence did not violate due process, and that newly discovered evidence and insufficiency of evidence are not grounds for federal habeas corpus relief unless t
• Middleton v. Dugger
  849 F.2d 491· 11th Cir.· 1988-06-22 ·cited 67×
  The court held that the petitioner received ineffective assistance of counsel at his sentencing, entitling him to a new sentencing proceeding.
• Downs v. State
  572 So. 2d 895· Fla.· 1990-09-20 ·cited 66×
  Ernest Charles Downs was convicted of first-degree murder and conspiracy in 1977 and sentenced to death. After this Court granted relief based on a substantial change in law (Hitchcock v. Dugger), Downs was resentenced in 1989, and the trial court reimposed the death sentence fol
• Johnson v. State
  536 So. 2d 1009· Fla.· 1988-12-01 ·cited 66×
  Johnson, convicted of first-degree murder and sentenced to death in 1979, appealed the trial court's denial of his Rule 3.850 postconviction motion as untimely filed. The Florida Supreme Court affirmed the denial, holding that Johnson's motion filed in April 1988 violated the two
• Douglas v. Louie L. Wainwright
  714 F.2d 1532· 11th Cir.· 1983-09-19 ·cited 65×
  The court held that the trial court's exclusion of the general public during the testimony of the key eyewitness violated the defendant's Sixth Amendment right to a public trial, as the presence of the press alone was insufficient to satisfy the purposes of the public trial guara
• Hart v. Ira M. Coiner
  483 F.2d 136· 4th Cir.· 1973-07-13 ·cited 64×
  The dissenting judge would reverse the denial of habeas relief based on ineffective assistance of counsel in a prior conviction used for habitual offender sentencing.
• Moises Garcia-Mir v. Smith
  766 F.2d 1478· 11th Cir.· 1985-07-11 ·cited 63×·via Habeas Corpus Review
  The court held that the Attorney General's suspension of parole releases under the Status Review Plan was based on a facially legitimate and bona fide reason, and that the district court lacked jurisdiction to set aside exclusion orders for the entire class without individual exh
• Alphonso Cave v. State
  660 So. 2d 705· Fla.· 1995-09-21 ·cited 62×·via Petition For Habeas Corpus Relief
  The Florida Supreme Court vacated Alphonso Cave's death sentence imposed at resentencing, finding two reversible errors: the trial judge improperly conducted a full evidentiary hearing on Cave's motion for disqualification (rather than determining only legal sufficiency), and the
• United States ex rel. Mylon C. Cross v. DeROBERTIS
  811 F.2d 1008· 7th Cir.· 1987-01-28 ·cited 62×
  The court held that the petitioner failed to meet his burden of proving prejudice from counsel's alleged ineffectiveness because he did not sufficiently demonstrate what favorable evidence the uncalled witnesses would have provided.
• Doyle Edward Skillern v. W.J. Estelle, Jr.
  720 F.2d 839· 5th Cir.· 1983-12-05 ·cited 62×
  The court held that the petitioner's contentions regarding the Enmund issues, denial of an evidentiary hearing, and evidentiary error at the sentencing hearing did not warrant federal habeas relief.
• Jordan v. Watkins
  681 F.2d 1067· 5th Cir.· 1982-08-06 ·cited 62×
  The court held that the sentencing procedure violated constitutional requirements by failing to channel jury discretion, vacating the death sentence but allowing the state to seek reimposition after a proper hearing. The court also held that the defendant's confession was admissi
• Westbrook v. Zant
  743 F.2d 764· 11th Cir.· 1984-09-21 ·cited 61×·via Petition For Habeas Corpus Relief
  The Eleventh Circuit held that the district court erred by failing to follow the law of the case established in Westbrook I, which mandated granting habeas corpus relief if the petitioner's counsel represented Jones County in the Gibson litigation.
• Nesby Lawrence Gibbs v. Mayo
  81 So. 2d 739· Fla.· 1955-07-20 ·cited 61×
  Gibbs was charged and convicted of breaking and entering a motor vehicle, but the Florida Supreme Court held that no statute criminalized that specific conduct. The court granted habeas corpus relief because the information failed to charge any offense under Florida law, as the t
• Spencer v. Kemp
  781 F.2d 1458· 11th Cir.· 1986-01-23 ·cited 60×
  The petitioner is entitled to federal habeas review of his jury selection claim because he presented the objection seasonably to the trial court.
• Lake v. Cameron
  364 F.2d 657· D.C. Cir.· 1966-05-19 ·cited 60×·via Habeas Corpus Proceedings
• Wallace v. A.L. Lockhart
  701 F.2d 719· 8th Cir.· 1983-03-07 ·cited 58×·via Habeas Corpus Review
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims were either procedurally barred, lacked merit, or failed to demonstrate prejudice or a constitutional violation.