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
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The court held that the defendant's Sixth Amendment right to counsel was violated because he did not knowingly and intelligently waive his right to counsel when he made an unsworn statement to the jury.
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The court held that post-trial evidence created a real, substantial, and legitimate doubt as to the petitioner's competency to stand trial, warranting a federal evidentiary hearing.
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466 F.2d 1393·
5th Cir.·
1972-09-20
·cited 9×
A guilty plea does not waive the right to challenge jury composition if the defendant was unaware of that right.
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The court held that the asylum state's habeas corpus review is limited to three specific questions regarding rendition proceedings.
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The Florida Supreme Court held that informations filed by a State Attorney from the Eighth Judicial Circuit in Volusia County (Seventh Circuit) were null and void because the Governor's executive order authorizing him to act had expired by the time the informations were filed, as
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This case reviews a habeas corpus proceeding where the petitioner argued his conviction for selling intoxicating liquor was void due to a deficient affidavit. The court affirmed the lower court's decision, finding the ordinance under which he was convicted was validly revived and
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In this habeas corpus proceeding, the Florida Supreme Court held that a circuit judge must issue a writ of habeas corpus in response to a petition challenging a criminal contempt adjudication, rather than summarily denying it. The Court reversed the lower court's refusal to issue
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In this habeas corpus proceeding, the Florida Supreme Court reversed the discharge of T. J. Parrish from custody, holding that although his sentencing judgment contained formal defects in adjudicating guilt, the recital that he 'stands convicted' constitutes a sufficient attempte
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This case involves a petitioner seeking release via habeas corpus, arguing the statute under which he was arrested was unconstitutional. The court reversed the lower court's decision, finding the affidavit and warrant fatally defective for failing to allege a criminal offense, th
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Kevin Sullivan was convicted of fleeing police, cocaine possession, and drug paraphernalia possession after his trial counsel, unaware that Florida had abolished voluntary intoxication as a defense in 1999, advised him to reject a pretrial plea offer and proceed to trial based on
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137 So. 3d 1164·
Fla. 3d DCA·
2014-04-09
·cited 8×
The court held that appellate counsel's failure to raise a fundamental error regarding a jury instruction constituted ineffective assistance, warranting a new trial on those counts.
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Johnny Shane Kormondy, a Florida death row inmate convicted of murder during a 1994 trial, appealed the district court's denial of his habeas corpus petition. The case involved two penalty phases: the original 1994 proceeding, which resulted in a death sentence, and a 1999 resent
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21 So. 3d 115·
Fla. 5th DCA·
2009-10-29
·cited 8×
The court held that a criminal defendant charged with a capital offense or an offense punishable by life imprisonment, even if proof of guilt is evident, must be afforded a full bond hearing.
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A finding of willful failure to appear, without more, is insufficient to deny bond without following procedural rules and statutory criteria for pretrial detention.
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Tony Lynn appealed the trial court's denial of his second motion for belated appeal of his 1993 conviction. The First District Court of Appeal dismissed the appeal for lack of jurisdiction, finding that Lynn failed to timely appeal and that his post-conviction motion was time-bar
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696 So. 2d 399·
Fla. 4th DCA·
1997-06-11
·cited 8×
A newspaper reporter was held in criminal contempt for refusing to testify about a non-confidential jailhouse interview with a murder defendant, claiming a First Amendment journalist's privilege. The court affirmed the contempt conviction, holding that no qualified privilege prot
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694 So. 2d 131·
Fla. 4th DCA·
1997-05-30
·cited 8×
Thetus Flemming sought habeas corpus relief from two bond revocation orders issued on April 22, 1997. The court granted relief as to one case where the trial court sua sponte revoked and increased bond without notice or state motion, but denied relief as to the other case where t
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A juvenile accused of battery on a school employee and disorderly conduct challenges his placement in secure detention via habeas corpus. The Florida First District Court of Appeal reverses, holding that trial courts lack discretion to order detention more restrictive than indica
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Daniel Eugene Remeta appealed the denial of his federal habeas corpus petition challenging his Florida death sentence for murder committed during a 1985 multi-state crime spree. Remeta raised numerous issues, including a claim that Florida violated the Interstate Agreement on Det
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David Eugene Johnston, a death row inmate, challenged the constitutionality of the heinous, atrocious, or cruel jury instruction used at his 1984 sentencing after a federal habeas court found it infirm under Espinosa v. Florida. The Florida Supreme Court held the challenge proced
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998 F.2d 1426·
8th Cir.·
1993-07-15
·cited 8×
The court held that the harmless error standard from Chapman v. California applies to this habeas case because the state courts did not have an opportunity to review the constitutional error. The court found the error harmless as to Richley and Holmes, but remanded for further co
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963 F.2d 962·
7th Cir.·
1992-05-08
·cited 8×
The court held that the Indiana death penalty statute, which allows a judge to impose a death sentence despite a jury's recommendation for life imprisonment, does not violate the U.S. Constitution, and that the defendant's double jeopardy and ineffective assistance of counsel cla
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The court held that the cumulative effect of the prosecutor's repeated and improper remarks during summation was so prejudicial as to render the trial fundamentally unfair, denying the defendant his constitutional due process rights.
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890 F.2d 1105·
10th Cir.·
1989-11-30
·cited 8×
The court held that the trial court improperly violated the defendant's Sixth Amendment right to a public trial by excluding the public during a witness's testimony without adequate findings or consideration of alternatives.
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The court held that a rational trier of fact could find the essential elements of the crime beyond a reasonable doubt, given the substantial agreement among witness accounts and the reasons to doubt the credibility of the defense's testimony.
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886 F.2d 149·
8th Cir.·
1989-09-19
·cited 8×
The court affirmed the denial of the habeas corpus petition, finding no ineffective assistance of counsel, no suppression of confession, and sufficient evidence for conviction. The court also affirmed the denial of the state's request for transcript costs.
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872 F.2d 237·
8th Cir.·
1989-06-29
·cited 8×
The court held that the state courts would not entertain the petitioner's successive post-conviction relief motion under Rule 29.15, making further attempts at state redress futile.
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873 F.2d 1168·
8th Cir.·
1989-05-09
·cited 8×
The court affirmed the district court's grant of habeas relief, holding that the defendant did not knowingly and intelligently waive his right to counsel.
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A habeas petitioner can obtain relief for a state trial court's violation of state law in accepting a guilty plea if the petitioner shows a reasonable probability that, but for the error, they would not have pleaded guilty.
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846 F.2d 706·
11th Cir.·
1988-06-08
·cited 8×
Federal habeas relief is not available for newly discovered evidence that only goes to guilt or innocence, and ineffective assistance of counsel claims require showing deficient performance and prejudice.
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The court held that the preclusion of defense expert testimony was a constitutionally permissible sanction for a deliberate and prejudicial discovery violation, even if less severe sanctions were theoretically available.
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838 F.2d 776·
5th Cir.·
1988-02-29
·cited 8×
The court held that a prosecutor may impeach a defendant's trial testimony with prior inconsistent statements made after Miranda warnings, even if the defendant initially remained silent on some points, because the defendant voluntarily spoke and did not rely on the right to rema
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815 F.2d 1106·
7th Cir.·
1987-03-30
·cited 8×
The court held that challenges to jury instructions were procedurally barred due to a state procedural default, and direct challenges to the Illinois Guilty But Mentally Ill (GBMI) statutes were without merit.
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The court held that the petitioner's free exercise and equal protection claims regarding marijuana possession for religious use were without merit.
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The court held that while the police procedures in administering hypnosis were flawed, the identification of the defendant was sufficiently reliable apart from the hypnosis, rendering the error harmless.
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776 F.2d 118·
5th Cir.·
1985-11-12
·cited 8×
The court held that a defendant is entitled to an evidentiary hearing on his claim that a sentence denying parole constitutes ex post facto punishment if the relevant statutory amendment became effective after the commission of the crime.
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The court affirmed the denial of federal habeas corpus relief, finding no violation of due process from the admission of evidence regarding the victim's will, the alleged withholding of exculpatory evidence, or the jury charge.
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A party's failure to make a timely objection to a magistrate's report precludes them from raising those objections on appeal.
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The court held that it lacks jurisdiction to hear a direct appeal from a Board of Immigration Appeals decision dismissing an appeal from an Immigration Judge's order of exclusion.
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727 F.2d 1020·
11th Cir.·
1984-03-19
·cited 8×
The failure to file a brief on a nonfrivolous direct appeal constitutes ineffective assistance of counsel, and a habeas petitioner need not show actual prejudice in such cases.
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A restriction on cross-examination of a prosecution witness regarding potential bias, even if it violates the Sixth Amendment's confrontation clause, can be harmless error if other evidence of guilt is overwhelming.
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701 F.2d 45·
6th Cir.·
1983-02-22
·cited 8×
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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691 F.2d 770·
5th Cir.·
1982-11-15
·cited 8×
A voluntary guilty plea, intelligently made in light of the then-applicable law, does not become vulnerable because later judicial decisions indicate that the plea rested on a faulty premise, such as the potential use of an uncounseled conviction for enhancement.
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The admission of Harrison's oral incriminating statements to police was harmless error beyond a reasonable doubt because his subsequent confession to a friend was nearly identical and admitted into evidence.
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The dissenting judge would grant the writ of habeas corpus, finding that a jury instruction violated constitutional rights and that the procedural bar of a contemporaneous objection rule was improperly applied.
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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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A defendant's knowing, intelligent, and voluntary absence from trial and sentencing constitutes a waiver of their Sixth Amendment right to be present, and such absence can be inferred under Rule 9.1 if the defendant had notice and warning.
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The court held that the Jackson v. Virginia standard for reviewing sufficiency of evidence in state criminal convictions does not apply to international extradition proceedings.
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The court held that the prosecutor's comments on the defendant's demeanor did not violate the Fifth Amendment by commenting on his failure to testify.
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Federal habeas review of a state prisoner's claim of an unfair jury is not precluded by Wainwright v. Sykes if the state court's finding of procedural waiver was based on a misinterpretation of the record. Prejudice is not presumed when a juror is exposed to information about a d