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

• Clonce v. Presley
  640 F.2d 271· 10th Cir.· 1981-02-06 ·cited 8×·via Petition For Habeas Corpus Relief
  The court held that while the petitioner was in state custody for habeas corpus purposes, his petition was properly dismissed for failure to exhaust state remedies.
• Montes v. Jenkins
  626 F.2d 584· 7th Cir.· 1980-07-25 ·cited 8×·via Habeas Corpus Review
  The court held that the introduction of a codefendant's adoption of the petitioner's confession was not a violation of confrontation rights, and the confession itself was voluntary and not the fruit of illegal detention.
• State v. Bacon
  385 So. 2d 1160· Fla. 2d DCA· 1980-07-11 ·cited 8×·via Habeas Corpus Proceedings
  Florida appealed the dismissal of aggravated assault charges against Robert Bacon. The trial court dismissed the case when the victim disappeared and, after the state refiled the charges, granted Bacon's motion to dismiss based on alleged double jeopardy and expiration of speedy
• Dalton Abbott v. Louie L. Wainwright
  616 F.2d 889· 5th Cir.· 1980-05-09 ·cited 8×
  The court held that the denial of a severance motion, which prevented a codefendant from offering exculpatory testimony, made the state trial fundamentally unfair, warranting habeas corpus relief.
• United States ex rel. Sam Robert Faulisi & Thomas Vogt v. Thaddeus E. Pinkney
  611 F.2d 176· 7th Cir.· 1979-11-06 ·cited 8×·via Habeas Corpus Review
  The court held that federal courts are precluded from granting habeas corpus relief on Fourth Amendment claims when the state has provided an opportunity for full litigation, and that the Bruton rule does not apply to bench trials.
• Morgan v. Estelle
  588 F.2d 934· 5th Cir.· 1979-01-29 ·cited 8×·via Habeas Corpus Proceedings
  The court affirmed the denial of habeas corpus relief, holding that federal courts cannot grant relief on Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims.
• Grant v. White
  579 F.2d 48· 8th Cir.· 1978-07-06 ·cited 8×
  The court held that while the use of an invalid juvenile adjudication for impeachment was harmless error, the use of the same adjudication for enhanced sentencing requires resentencing.
• Girard v. Goins
  575 F.2d 160· 8th Cir.· 1978-04-13 ·cited 8×
  The court held that the petitioners did not waive their right to a jury trial and had exhausted their state remedies, and that the fines imposed for criminal contempt constituted a serious offense, thus violating their constitutional right to a jury trial.
• Sandoval v. Aaron
  562 F.2d 13· 10th Cir.· 1977-06-20 ·cited 8×·via Habeas Corpus Review
  A state prisoner who has had a full and fair opportunity to litigate his Fourth Amendment claim in state court cannot obtain federal habeas corpus relief on that claim.
• Beaulieu v. Hartigan
  554 F.2d 1· 1st Cir.· 1977-04-06 ·cited 8×
  The court affirmed the denial of habeas corpus relief, vacating the order granting bail.
• Stroble v. Egeler
  547 F.2d 339· 6th Cir.· 1977-01-13 ·cited 8×·via Petition For Habeas Corpus Relief
  The court held that the district court erred in its determination regarding the Interstate Agreement on Detainers and ordered a remand for further proceedings.
• Kirvelaitis v. Gray
  513 F.2d 213· 6th Cir.· 1975-03-31 ·cited 8×
  The court held that while the appellant's consent to search was invalid due to the coercive circumstances, the co-occupant's consent was valid, and the entry was reasonable, thus affirming the denial of habeas corpus relief.
• United States ex rel. John B. Adams v. Bensinger
  507 F.2d 390· 7th Cir.· 1974-12-10 ·cited 8×·via Federal Habeas Corpus Relief
  The court held that the petitioner did not waive his claim of an involuntary confession and that the confession was indeed involuntary due to the totality of the circumstances.
• Harris v. Estelle
  487 F.2d 56· 5th Cir.· 1973-11-01 ·cited 8×·via Petition For Habeas Corpus Relief
  A prisoner is entitled to an out-of-time direct appeal with counsel if his indigence and desire to appeal were made known to the trial judge, even if the judge assumed retained counsel would continue representation.
• McEACHERN v. Henderson
  485 F.2d 694· 5th Cir.· 1973-10-18 ·cited 8×
  The court held that a prisoner's claim regarding restrictions imposed by federal prison officials due to a state detainer should be considered separately from a claim challenging the validity of the detainer itself on speedy trial grounds.
• McNEARY v. Stone
  482 F.2d 804· 9th Cir.· 1973-07-12 ·cited 8×·via Federal Habeas Corpus Relief
  The court held that the pretrial photographic identification procedures and the warrantless search of the vehicle did not violate the petitioner's constitutional rights.
• Matthews v. State
  463 F.2d 679· 5th Cir.· 1972-07-17 ·cited 8×·via Habeas Corpus Review
  The court held that the case is not moot because the appellant suffered collateral consequences from his conviction, despite his release from jail and payment of fines.
• Cockerham v. Louie L. Wainwright
  444 F.2d 438· 5th Cir.· 1971-06-21 ·cited 8×·via Federal Habeas Corpus Relief
• Robinson v. United States
  394 F.2d 823· 6th Cir.· 1968-05-23 ·cited 8×
  The court held that the Petitioner's conviction remains valid under the Federal Kidnaping Act, as he does not fall into the categories of defendants whose convictions can be contested following the Supreme Court's decision in United States v. Jackson.
• Kerr v. Dutton
  393 F.2d 79· 5th Cir.· 1968-03-22 ·cited 8×
  The denial of appointed counsel at a preliminary hearing in Georgia does not violate constitutional rights because the hearing is not a critical stage.
• Elgin Campbell v. United States
  355 F.2d 394· 7th Cir.· 1966-01-06 ·cited 8×·via Habeas Corpus (28 U.S.C. § 2255)
  A petitioner's waiver of a direct appeal forecloses collateral attack on issues that could have been raised on direct appeal, even if those issues involve constitutional rights.
• State of Fla. ex rel. John Thomas Callahan, Jr. v. Michell
  170 So. 2d 290· Fla.· 1964-12-21 ·cited 8×·via Habeas Corpus Proceedings
  The Florida Supreme Court denied a petition for certiorari challenging a District Court of Appeal decision in a habeas corpus case, holding that Section 79.11, F.S.A. (an 1879 statute requiring judicial consent for appeals) is obsolete and has been entirely superseded by the 1956
• Nicolaos Hatzistavrou v. Brownell
  225 F.2d 26· D.C. Cir.· 1955-06-16 ·cited 8×·via Habeas Corpus Review
  The court held that an alien is entitled to judicial review of a deportation order beyond habeas corpus, and the Administrative Procedure Act provides an appropriate remedy.
• Halldora Kristin Sigurdson v. Landon
  215 F.2d 791· 9th Cir.· 1954-09-07 ·cited 8×·via Habeas Corpus Review
  The court held that the administrative proceedings and deportation order were not so fundamentally unfair or lacking in evidence as to warrant habeas corpus relief.
• City of Miami Beach v. Traina
  73 So. 2d 860· Fla.· 1954-07-20 ·cited 8×·via Habeas Corpus Proceedings
  The Florida Supreme Court affirmed a mandamus order requiring the City of Miami Beach to issue a retail vendor's liquor license for a Service Bar restaurant. The Court held that special legislative acts granted the City authority to regulate the method of sale of alcoholic bevera
• Hill v. United States
  206 F.2d 204· 6th Cir.· 1953-07-07 ·cited 8×·via Habeas Corpus Proceedings
  A motion to correct or vacate a sentence under Federal Rule of Criminal Procedure 35 or 28 U.S.C. § 2255 is inapplicable when the appellant has not been sentenced for a criminal offense.
• United States ex rel. Nukk v. Dist. Dir. of Immigr. & Naturalization at Port of N.Y.
  205 F.2d 242· 2d Cir.· 1953-06-17 ·cited 8×·via Habeas Corpus Proceedings
  The court held that the alien failed to meet the burden of proof to show unlawful detention, and thus the Attorney General's discretion to detain without bail was upheld.
• REA v. McDONALD
  153 F.2d 190· 5th Cir.· 1946-01-12 ·cited 8×·via Habeas Corpus Review
  A writ of habeas corpus cannot be used to review alleged errors in a draft board's classification or a trial court's rulings during a prosecution for refusing induction.
• State v. Mayo
  113 Fla. 746· Fla.· 1934-01-15 ·cited 8×·via Habeas Corpus Proceedings
  This habeas corpus case examines the legality of a five-year prison sentence for pleading guilty to "assault with intent to commit manslaughter." The court determined the sentence was legal under state statutes governing assaults with intent to commit felonies.
• Futch v. State
  101 Fla. 328· Fla.· 1931-04-25 ·cited 8×·via Habeas Corpus Proceedings
  L. M. Futch, Jr. was convicted of unlawfully withholding support from his minor children and sentenced to a fine or six months imprisonment, with the sentence suspended upon giving a bond conditioned on monthly child support payments of $40. On habeas corpus, Futch challenged the
• Goff v. Rickerson
  61 Fla. 29· Fla.· 1911-01-01 ·cited 8×·via Habeas Corpus Proceedings
  J. L. Goff challenged his felony conviction in habeas corpus proceedings by arguing that the Criminal Court of Record for Suwannee County was established by an unconstitutional act due to improper legislative journal entries. The Florida Supreme Court affirmed the validity of the
• Patterson v. Isham Taylor as Jailer
  51 Fla. 275· Fla.· 1906-01-01 ·cited 8×·via Habeas Corpus Proceedings
  Andrew Patterson challenged his detention under a Jacksonville city ordinance requiring racial segregation on streetcars. The Florida Supreme Court upheld the ordinance as a valid exercise of the city's police powers under its charter and rejected Patterson's equal protection cha
• Barton A. Thrasher v. State
  26 Fla. 526· Fla.· 1890-06-01 ·cited 8×·via Habeas Corpus Proceedings
  Barton Thrasher sought a writ of error to challenge the Circuit Court's denial of bail in a murder prosecution. The Florida Supreme Court affirmed the denial, establishing that bail should be refused in capital cases only when the evidence is sufficiently strong that a judge woul
• Dodson v. Colonel Gordon N. Zelez
  917 F.2d 1250· 10th Cir.· 1990-10-23 ·cited 7×·via Habeas Corpus Review
  The court held that while a two-thirds vote is sufficient for conviction, a three-fourths vote is required for a life sentence, even if mandatory, based on the Manual for Courts-Martial.
• Humphrey v. United States
  888 F.2d 1546· 11th Cir.· 1989-11-27 ·cited 7×
  The court affirmed the denial of relief on double jeopardy and prosecutorial vindictiveness claims but vacated the denial of the falsified evidence claim, remanding for an evidentiary hearing.
• Palmariello v. Superintendent OF M.C.I. Norfolk
  873 F.2d 491· 1st Cir.· 1989-05-03 ·cited 7×·via Habeas Corpus Review
  The court affirmed the denial of habeas corpus relief, finding that the petitioner failed to demonstrate constitutional error in his state court conviction.
• Fuller v. Diesslin
  868 F.2d 604· 3d Cir.· 1989-02-24 ·cited 7×·via Habeas Corpus Review
  The Third Circuit held that an arbitrary denial of a defendant's Sixth Amendment right to counsel of choice, including the right to pro hac vice counsel, requires per se reversal.
• Wilcox v. Honorable Edward Miller
  691 F.2d 739· 5th Cir.· 1982-11-15 ·cited 7×
  The court held that the district court should have dismissed the plaintiff's civil rights complaint without reaching the merits because the plaintiff's criminal conviction was still pending on appeal in state court.
• Lane v. Henderson
  480 F.2d 544· 5th Cir.· 1973-06-06 ·cited 7×
  The court held that the state court's evidentiary hearing was not full and fair, requiring a remand for further proceedings.
• Berriel v. State
  233 So. 2d 163· Fla. 4th DCA· 1970-03-13 ·cited 7×·via Habeas Corpus Review
  Daniel Berriel challenged his robbery conviction and life sentence through a habeas corpus petition after his court-appointed counsel failed to prosecute his direct appeal. The Fourth District Court of Appeal reviewed his claims and rejected both his argument that denying a conti
• Martens v. State
  100 So. 2d 440· Fla. 3d DCA· 1958-02-11 ·cited 7×·via Habeas Corpus Proceedings
  This case involves a dispute over a minor child's custody between the father and the paternal grandfather. The appellate court affirmed the father's custody but remanded the case to allow the trial court to consider visitation rights for the grandfather.
• Snell v. Mayo
  80 So. 2d 330· Fla.· 1955-04-22 ·cited 7×·via Habeas Corpus Proceedings
  In this habeas corpus appeal, the Florida Supreme Court held that appeals from habeas corpus orders seeking release from criminal custody must follow the criminal appeal timeline rules rather than civil procedure rules. The court denied the appellee's motion to dismiss based on a
• Buchanan v. Chapman
  108 Fla. 280· Fla.· 1933-02-14 ·cited 7×·via Habeas Corpus Proceedings
  Buchanan challenged the validity of Florida's electrocution statute and his death sentence in a habeas corpus proceeding. The Florida Supreme Court upheld the statute and affirmed the judgment remanding him for execution, holding that the duty to execute death sentences devolves
• Estela Mabel Argueta Romero v. Sec'y, U.S. Dep't of Homeland Sec.
  20 F.4th 1374· 11th Cir.· 2021-12-20 ·cited 6×
  The court held that an alien's departure from the U.S. before a deportation order is issued does not constitute 'self-execution' of that order under 8 U.S.C. § 1101(g). Therefore, the prior order remains effective for subsequent removal proceedings.
• Maxwell v. State
  69 So. 3d 1122· Fla. 3d DCA· 2011-09-28 ·cited 6×
• Allen v. State
  707 So. 2d 381· Fla. 5th DCA· 1998-02-20 ·cited 6×·via Habeas Corpus Proceedings
  John Harm Allen sought post-conviction relief under Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance of counsel and requesting a belated appeal. The court dismissed the case without prejudice, holding that because Allen's belated appeal request was filed
• Eluid Trevino-Casares v. U.S. Parole Comm'n
  992 F.2d 1068· 10th Cir.· 1993-04-28 ·cited 6×·via Habeas Corpus Review
  The court held that the Prisoner Transfer Treaty and related statutes require that service credits be applied to the domestic sentence imposed by the Commission, not the foreign sentence, and that the Commission's determination must be treated as a sentence for this purpose.
• Derden v. Sheriff Sammie McNEEL & Attorney Gen. - State of Miss.
  978 F.2d 1453· 5th Cir.· 1992-12-16 ·cited 6×·via Habeas Corpus Review
• Singleton v. A.L. Lockhart
  962 F.2d 1315· 8th Cir.· 1992-05-01 ·cited 6×
  A defendant's knowing and intelligent waiver of the right to present mitigating evidence at the penalty phase of a capital trial is valid and forecloses challenges to the death sentence based on the failure to present such evidence.
• Gibson v. Collins
  947 F.2d 780· 5th Cir.· 1991-11-27 ·cited 6×·via Habeas Corpus Review
  A rational juror could find guilt beyond a reasonable doubt based on fingerprints found on items disturbed during a burglary, if the circumstances indicate the items were generally inaccessible to the defendant except during the commission of the crime.