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

• Macio Ennis v. LeFEVRE
  560 F.2d 1072· 2d Cir.· 1977-08-09 ·cited 12×·via Habeas Corpus Review
  The court affirmed the denial of the petition because the appellant had not exhausted his state remedies regarding the ineffective assistance of counsel claim.
• Rush O. Nichols v. Estelle
  556 F.2d 1330· 5th Cir.· 1977-08-05 ·cited 12×
  The court held that a petitioner's failure to object to the admission of a prior conviction on the grounds of denial of counsel on appeal constitutes a waiver of that constitutional error for habeas corpus relief.
• Barrington B. Bell v. State OF Ga.
  554 F.2d 1360· 5th Cir.· 1977-07-01 ·cited 12×·via Federal Habeas Corpus Relief
  The court held that the petitioner's conviction was constitutionally infirm due to denial of effective assistance of counsel.
• Hardin v. Estelle
  484 F.2d 944· 5th Cir.· 1973-09-19 ·cited 12×
  The court held that the district court was correct in granting habeas corpus relief due to the denial of compulsory process for witnesses.
• Schlomann v. Moseley
  457 F.2d 1223· 10th Cir.· 1972-03-24 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the ruling in O'Callahan v. Parker, which limited military court jurisdiction to service-connected offenses, should not be applied retroactively to convictions that became final before O'Callahan was decided.
• Morgan v. Melchar
  442 F.2d 1082· 3d Cir.· 1971-05-05 ·cited 12×·via Habeas Corpus Review
  The court held that the district court correctly dismissed the complaint for lack of subject matter jurisdiction, as pre-induction judicial review of Selective Service classifications is generally barred by statute.
• The United States ex rel. Terrence Stone v. Robinson
  431 F.2d 548· 3d Cir.· 1970-05-26 ·cited 12×
  The court held that the appellant's petition for rehearing misconstrued the nature of habeas corpus relief and the prime issue on appeal.
• Norman v. United States
  368 F.2d 645· 3d Cir.· 1966-10-28 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the district court did not err in denying the motion to vacate the sentence without a hearing because the record conclusively showed the prisoner was entitled to no relief.
• Orval Lloyd Skinner v. United States
  326 F.2d 594· 8th Cir.· 1964-01-24 ·cited 12×·via Habeas Corpus Proceedings
  The court held that the district court's findings were not clearly erroneous and affirmed the denial of the motion to vacate sentence.
• State v. Gene Nelson alias Eugene Nelson
  160 Fla. 744· Fla.· 1948-07-30 ·cited 12×·via Habeas Corpus Proceedings
  The Florida Supreme Court reversed a trial court's quashing of an information charging Gene Nelson as a second offender for sentencing purposes. The Court held that a prosecutor may file a second offender information after a defendant serves a sentence imposed without proper cons
• Bridges v. Wixon
  144 F.2d 927· 9th Cir.· 1944-06-26 ·cited 12×·via Habeas Corpus Proceedings
  The court held that there was some evidence to sustain the administrative charges, which is sufficient for review.
• State v. Hardie
  114 Fla. 374· Fla.· 1934-03-27 ·cited 12×·via Habeas Corpus Proceedings
  This case concerns whether an accessory before the fact can be sentenced before the principal offender. The court held that while the conviction of the accessory is permissible, sentencing must await the principal's sentencing.
• Inglis v. Eli Rymer
  113 Fla. 732· Fla.· 1934-01-12 ·cited 12×·via Habeas Corpus Review
  The Florida Supreme Court reviewed an ordinance by the City of Vero Beach that prohibited the operation of skating rinks where any admission or skate rental fee was charged. The court found the ordinance unreasonable and an unwarranted interference with lawful business, thus void
• Charley Bell v. Gregory
  89 Fla. 293· Fla.· 1925-03-26 ·cited 12×·via Habeas Corpus Review
  The Florida Supreme Court reversed a lower court's decision in a habeas corpus case. The court found that the information charging the petitioner with violating a statute regulating heavy vehicle use on public roads was fatally defective, thus entitling the petitioner to discharg
• State Ex Rel. F. H. Rand, Jr. v. Brogden
  84 Fla. 520· Fla.· 1922-11-15 ·cited 12×·via Habeas Corpus Review
  The Florida Supreme Court upheld a Miami Beach ordinance regulating automobile speeds within the city against a constitutional challenge, holding that the ordinance's language should be construed in light of the city's delegated power to regulate speeds on city streets rather tha
• Tyler v. Painter
  16 Fla. 144· Fla.· 1877-01-01 ·cited 12×·via Habeas Corpus Review
  The Florida Supreme Court dismissed an appeal from a habeas corpus proceeding, holding that a writ of error, not an appeal, is the exclusive method for reviewing such judgments.
• Barritt v. Sec'y, Fla. Dep't of Corr.
  968 F.3d 1246· 11th Cir.· 2020-08-04 ·cited 11×·via Federal Habeas Corpus Relief
  The Eleventh Circuit held that the district court did not violate Clisby v. Jones by failing to address an independent coercion claim, as none was clearly presented. It also affirmed the denial of habeas relief on claims of ineffective assistance of counsel regarding prosecutoria
• Stringer v. Jackson
  909 F.2d 111· 5th Cir.· 1990-07-30 ·cited 11×·via Habeas Corpus Review
  Claims raised under Clemons and Maynard are not available to a habeas petitioner whose conviction was final prior to these decisions, as they constitute a new rule of law under Teague.
• Ringstaff v. Howard
  885 F.2d 1542· 11th Cir.· 1989-09-28 ·cited 11×
  The court held that a delay in prosecution to await resolution of a critical legal issue regarding the validity of the death penalty statute was reasonable and did not violate the defendant's speedy trial rights, absent a showing of actual prejudice.
• Fitzpatrick v. McCORMICK
  869 F.2d 1247· 9th Cir.· 1989-03-07 ·cited 11×
  The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest and that his death sentence for deliberate homicide violated the Double Jeopardy Clause.
• Benham v. Ledbetter
  785 F.2d 1480· 11th Cir.· 1986-03-21 ·cited 11×·via Habeas Corpus Proceedings
  The court held that Georgia's statutory scheme for releasing persons committed after acquittal by reason of insanity is constitutional, as it satisfies due process requirements.
• Cristobal Perez-Perez v. Hanberry
  781 F.2d 1477· 11th Cir.· 1986-01-27 ·cited 11×·via Habeas Corpus Review
  The Criminal Justice Act does not authorize the appointment and compensation of counsel in habeas corpus actions brought by excludable aliens challenging the Attorney General's refusal to parole them.
• R.B. Williams v. Parke
  741 F.2d 847· 6th Cir.· 1984-08-16 ·cited 11×·via Habeas Corpus Review
  The dissenting judge would hold that the Allen charge, combined with other factors, deprived the defendant of his constitutional right to a fair trial and that the error was not harmless.
• Louis v. Meissner
  532 F. Supp. 881· S.D. Fla.· 1982-02-24 ·cited 11×·via Habeas Corpus Proceedings
  The court held that judicial review of exclusion proceedings is limited to habeas corpus after a final order of exclusion is entered, and that plaintiffs lacked standing to challenge procedures prior to such an order.
• Cook v. Hanberry
  592 F.2d 248· 5th Cir.· 1979-03-29 ·cited 11×·via Habeas Corpus (28 U.S.C. § 2255)
  A prisoner's claim of mistreatment during incarceration does not entitle them to release via habeas corpus, even if the mistreatment violates the Eighth Amendment.
• Parker v. Dugger
  660 So. 2d 1386· Fla.· 1995-10-05 ·cited 10×
  Robert Lacy Parker, sentenced to death for two first-degree murders, sought habeas corpus relief and appealed the denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court denied habeas relief but reversed the trial court's procedurally-based denial of
• McCOY v. A.L. Lockhart
  969 F.2d 649· 8th Cir.· 1992-07-10 ·cited 10×
  The court held that the new 'clear and convincing evidence' standard from Sawyer v. Whitley applies to challenges to convictions, not just death sentences, and remanded the case for application of this standard.
• Williams v. Dixon
  961 F.2d 448· 4th Cir.· 1992-03-24 ·cited 10×·via Federal Habeas Corpus Relief
• Lafferty v. Cook
  949 F.2d 1546· 10th Cir.· 1991-12-09 ·cited 10×
  The court held that the trial court's determination of competency to stand trial, when supported by the record and applying the correct legal standard, is entitled to deference and should not be overturned on appeal.
• Flores v. Meese
  942 F.2d 1352· 9th Cir.· 1991-08-09 ·cited 10×·via Habeas Corpus Review
  The INS policy of incarcerating children pending deportation hearings, rather than releasing them to responsible non-relative adults, flagrantly violates due process.
• Henderson v. Cohn
  919 F.2d 1270· 7th Cir.· 1990-12-11 ·cited 10×·via Habeas Corpus Review
  The court held that a petitioner's failure to demonstrate cause and prejudice for a procedural default in state court bars federal habeas corpus review, and illiteracy does not constitute cause.
• Arlester E. Scott v. Jones
  915 F.2d 1188· 8th Cir.· 1990-10-03 ·cited 10×·via Habeas Corpus Review
  The court affirmed the district court's denial of habeas relief, finding no constitutional error in the state court proceedings or convictions.
• Frank C. Peterson (80-A-1720) v. Scully
  896 F.2d 661· 2d Cir.· 1990-02-07 ·cited 10×·via Habeas Corpus Review
  The court held that a new Supreme Court rule requires federal courts to consider the merits of a habeas petition if the state appellate court's opinion does not clearly and expressly state that its judgment rests on a state procedural bar.
• Hendrix v. Lynaugh
  888 F.2d 336· 5th Cir.· 1989-11-16 ·cited 10×
  A petitioner is not considered "in custody" for purposes of a habeas corpus petition under 28 U.S.C. § 2254 if the sentence for the conviction being attacked has fully expired at the time the petition is filed.
• Ozzie K. Cheek v. United States
  858 F.2d 1330· 8th Cir.· 1988-10-11 ·cited 10×
  The court held that a defendant who knowingly and voluntarily waives his right to direct appeal as part of a cooperation agreement cannot later raise claims that could have been raised on direct appeal in a § 2255 motion.
• Graham v. Lynaugh
  854 F.2d 715· 5th Cir.· 1988-08-31 ·cited 10×
  The court held that the petitioner failed to make a substantial showing of the denial of a federal right and therefore denied his petition for a certificate of probable cause.
• Pratt v. D.J. McCARTHY
  850 F.2d 590· 9th Cir.· 1988-06-29 ·cited 10×·via Habeas Corpus Proceedings
  The court held that a misunderstanding among counsel regarding who would file a notice of appeal does not constitute excusable neglect under Federal Rule of Appellate Procedure 4(a)(5).
• United States ex rel. Steve Shore v. O'Leary
  833 F.2d 663· 7th Cir.· 1987-11-09 ·cited 10×
  The court held that the district court correctly denied the habeas corpus petition because the state court's conviction was supported by sufficient evidence and the petitioner did not demonstrate a constitutional violation or the need for a federal evidentiary hearing.
• Field v. Sheriff OF Wake Cnty.
  831 F.2d 530· 4th Cir.· 1987-10-23 ·cited 10×
  The court held that the presence of serious injury as a result of impaired driving is a sentencing factor, not an element of the offense, and therefore does not require a jury determination.
• James v. Butler
  827 F.2d 1006· 5th Cir.· 1987-09-04 ·cited 10×·via Habeas Corpus Review
  The court denied James' application for a certificate of probable cause and dismissed his appeal, finding he failed to make a substantial showing of the denial of a federal right.
• Selvage v. Lynaugh
  823 F.2d 845· 5th Cir.· 1987-07-23 ·cited 10×·via Habeas Corpus Review
  The court held that there was sufficient evidence to support the state court's conviction for capital murder and the resulting death sentence.
• Jairo E. Betancourt v. Willis
  814 F.2d 1546· 11th Cir.· 1987-04-20 ·cited 10×
  The court held that ineffective assistance of counsel rendered the guilty plea involuntary, affirming the grant of habeas corpus relief.
• Nell v. Warden Charles James
  811 F.2d 100· 2d Cir.· 1987-01-30 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the petitioner's second habeas petition was an abuse of the writ and that he failed to allege sufficient facts for his ineffective assistance of counsel claim.
• Wood v. A.L. Lockhart
  809 F.2d 457· 8th Cir.· 1987-01-07 ·cited 10×·via Habeas Corpus Review
  The court held that the petitioner's claims of trial error, including the admission of testimony, denial of a change of venue, failure to strike biased jurors, and prosecutorial comments, did not rise to the level of a due process violation warranting habeas corpus relief.
• Nat'l Ctr. FOR Immigrants' Rights, Inc. v. Immigr. & Naturalization Serv.
  791 F.2d 1351· 9th Cir.· 1986-06-13 ·cited 10×·via Habeas Corpus Proceedings
  The court held that the Attorney General's statutory authority under the Immigration and Nationality Act to impose conditions on appearance and delivery bonds is limited to those conditions that ensure the alien's appearance at future proceedings, not conditions barring employmen
• Webb v. Blackburn
  773 F.2d 646· 5th Cir.· 1985-10-15 ·cited 10×
  The court held that the appellant's claims of prosecutorial misconduct regarding post-arrest silence and other crimes evidence were procedurally barred or harmless, and thus affirmed the denial of his habeas corpus petition.
• Corn v. Kemp
  772 F.2d 681· 11th Cir.· 1985-09-16 ·cited 10×
  The court vacated its prior decision affirming the denial of relief on burden-shifting jury instructions and remanded for the district court to grant the writ unless the state retries the petitioner.
• Moret v. Karn
  746 F.2d 989· 3d Cir.· 1984-10-24 ·cited 10×·via Petition For Habeas Corpus Relief
  The court held that the termination of the alien's parole was an abuse of discretion because the INS failed to make the required finding of a clear and imminent danger to the community.
• Townsend v. Lucas
  745 F.2d 933· 5th Cir.· 1984-10-19 ·cited 10×
  The appeal is dismissed because the district court failed to enter a separate final judgment and the notice of appeal was untimely.
• Walker v. Maggio
  738 F.2d 714· 5th Cir.· 1984-08-20 ·cited 10×
  The court held that the petitioner failed to overcome the presumption of correctness accorded to the state court's finding that his guilty plea was knowingly and voluntarily entered.