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 due process prohibits the retroactive application of a new procedural rule (Kimbrough) that bars substantive review of convictions when petitioners complied with prior procedural requirements.
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677 F.2d 518·
5th Cir.·
1982-06-04
·cited 4×
The court held that the petitioner's course of conduct, including limited answers to questions after refusing to sign a Miranda waiver, did not constitute an implied waiver of his Miranda rights.
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The court held that even if an identification procedure was impermissibly suggestive, the victims' identifications possessed sufficient indicia of reliability to provide probable cause for arrest and preclude federal habeas relief on Fourth Amendment claims.
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675 F.2d 161·
8th Cir.·
1982-04-02
·cited 4×
The court held that the appellant failed to establish a prima facie violation of the Constitution's fair cross-section requirement due to the exclusion of women from jury venires.
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The court, in a dissenting opinion, argues that the denial of rehearing en banc was improper because the case presents significant issues regarding the standard for ineffective assistance of counsel and the review of jury instructions under Sandstrom v. Montana.
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664 F.2d 187·
8th Cir.·
1981-11-19
·cited 4×
The court held that the petitioner's claims of ineffective assistance of counsel, prosecutorial misconduct, and insufficient evidence did not warrant habeas corpus relief.
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656 F.2d 378·
8th Cir.·
1981-08-25
·cited 4×
The appellate court affirmed the denial of the habeas corpus petition and recusal motion, finding no merit in the appellant's arguments.
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The court held that the validity of the original deportation order is not a matter that can be raised under 28 U.S.C. § 2255.
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646 F.2d 1225·
8th Cir.·
1981-04-10
·cited 4×
The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the denial of relief.
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The dissenting judge would affirm the district court's grant of habeas corpus, finding that the trial judge's declaration of a mistrial violated the petitioner's double jeopardy rights by failing to consider alternatives.
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640 F.2d 780·
6th Cir.·
1981-02-11
·cited 4×
Even if a state prosecutor breaches a plea bargain, federal courts cannot grant specific performance via habeas corpus if the petitioner has abandoned state remedies for breach.
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632 F.2d 476·
5th Cir.·
1980-12-08
·cited 4×
The court held that the appellant was not denied his right to counsel at the pre-trial lineup and that the identification testimony was reliable.
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592 F.2d 905·
5th Cir.·
1979-04-09
·cited 4×
The court held that a special parole term for importing Schedule I narcotics begins after the completion of the regular sentence, not concurrently with general parole.
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The court held that the petitioner failed to meet his burden of proving his confession was involuntary, as the totality of the circumstances, including the absence of coercive police tactics and the petitioner's apparent alertness, outweighed expert conjecture about drug effects.
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568 F.2d 616·
9th Cir.·
1977-10-13
·cited 4×
The court held that habeas corpus relief is not appropriate for a breach of an enlistment agreement consisting solely of non-payment of money, and that the governing statutes and regulations, not contract principles, determine service members' rights.
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554 F.2d 850·
8th Cir.·
1977-05-02
·cited 4×
The court held that resentencing a defendant to a harsher penalty after the original sentence was found invalid does not violate the Double Jeopardy Clause, absent evidence of judicial vindictiveness.
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546 F.2d 764·
8th Cir.·
1976-12-08
·cited 4×
A defendant is denied effective assistance of counsel when a single attorney represents co-defendants with antagonistic defenses, and the court denies a severance motion.
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Technical defects in an indictment and claims arising before a guilty plea are generally not grounds for federal habeas corpus relief.
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539 F.2d 1005·
4th Cir.·
1976-06-02
·cited 4×
The court held that the petitioner is entitled to credit for preconviction jail time spent in custody.
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The court held that while the government's brief contained inaccuracies, these did not affect the outcome of the direct appeal, and thus the denial of the defendant's motion to vacate sentence was correct.
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486 F.2d 189·
5th Cir.·
1973-09-28
·cited 4×
The court held that the Governor of Texas had the authority to commute the appellant's death sentence, and this commutation did not violate his constitutional rights.
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The court held that the automatic forfeiture of good time earned prior to parole revocation does not violate the Due Process Clause of the Fifth Amendment, even without a separate evidentiary hearing on the forfeiture.
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The court held that the trial judge's conduct did not rise to the level of a due process violation, and therefore habeas corpus relief was not warranted.
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449 F.2d 331·
5th Cir.·
1971-10-01
·cited 4×
The denial of a bill of particulars in a state criminal trial does not rise to constitutional proportions for federal habeas relief, nor does the prosecution's failure to disclose witnesses constitute grounds for relief if they could have been discovered with reasonable diligence
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447 F.2d 1302·
5th Cir.·
1971-09-13
·cited 4×
The court held that the district court did not err in denying habeas corpus relief because the petitioner intentionally bypassed his state remedy of direct appeal.
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The court held that the rule established in Boykin v. Alabama should not be applied retroactively to arraignments that occurred prior to its decision.
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A defendant seeking habeas corpus relief is not entitled to further federal review simply by making conclusory allegations without showing entitlement.
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The court held that a prosecutor's comment on a co-defendant's failure to testify could prejudice a defendant who did testify, warranting habeas corpus relief.
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The court held that the district court properly denied the motion to vacate sentence because the appellant's allegations were unsubstantiated and the issues raised had already been decided.
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439 F.2d 711·
5th Cir.·
1971-03-04
·cited 4×
A guilty plea entered after reliance on competent counsel's advice is considered voluntary and cannot be challenged as coerced.
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445 F.2d 776·
D.C. Cir.·
1971-03-02
·cited 4×
The court held that the Army's disapproval of Private Bortree's application for discharge as a conscientious objector lacked a factual basis.
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The court held that the erroneous transfer of a prisoner to federal custody, followed by his return to state custody, did not constitute a waiver of federal jurisdiction, especially when a detainer was in place and the prisoner ultimately benefited from the error.
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The court held that the relator's constitutional rights under the Fourth, Fifth, and Sixth Amendments were violated when police obtained consent to search his apartment after he had requested counsel at a preliminary hearing.
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The court held that the district court did not abuse its discretion in refusing to appoint counsel for the indigent state prisoner in his habeas corpus proceeding.
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The dissenting judge believes the trial court correctly applied the law and the record, and that the appellate court should affirm the lower court's decision.
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The Third District Court of Appeal of Florida adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. This rule applies regardless of the appellant's financial status and aligns with fee waivers for habeas co
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The court held that the district court erred by failing to make specific findings of fact and conclusions of law when denying petitions for writs of habeas corpus, especially given the contradictory testimony.
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The Eleventh Circuit held that the district court erred in granting habeas relief because reasonable jurists could disagree on whether placing the suspect in a room with another suspect constituted interrogation under Miranda, thus the state court's decision was not an unreasonab
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325 So. 3d 220·
Fla. 3d DCA·
2021-07-14
·cited 3×
Alex Garcia, a 16-year-old with a learner's permit, was charged with four counts of DUI manslaughter after driving his mother's vehicle at excessive speeds and causing a fatal crash that killed four occupants of another vehicle. The trial court ordered pretrial detention, and Gar
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Fla. 1st DCA·
2020-11-04
·cited 3×
The court granted a petition for writ of habeas corpus, vacating a prior sentence. The petitioner argued his sentence was improperly based on a prior felony conviction for which he did not serve state prison time, a situation later clarified by the Florida Supreme Court.
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201 So. 3d 207·
Fla. 5th DCA·
2016-09-30
·cited 3×
Jonathan Page seeks habeas corpus relief after being convicted of second-degree murder in 2010 using a fundamentally flawed jury instruction on manslaughter by act. The Florida Supreme Court later determined in Montgomery that this instruction was erroneous because it incorrectly
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192 So. 3d 1289·
Fla. 4th DCA·
2016-06-29
·cited 3×
The court held that appellate counsel was ineffective for failing to raise an issue that led to a co-defendant's conviction being reversed, entitling the petitioner to a new appeal.
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The court granted in part and denied in part the petition for habeas corpus relief, finding merit in Giglio and Brady claims regarding false testimony and withholding of evidence.
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31 So. 3d 818·
Fla. 3d DCA·
2010-01-26
·cited 3×
Marcos Espinal seeks habeas relief after his bond was revoked and an alias capias issued because he arrived fifteen minutes late to a scheduled court appearance. The court grants the petition, finding the tardiness was unintentional and minimal, and that depriving Espinal of libe
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6 So. 3d 707·
Fla. 4th DCA·
2009-04-01
·cited 3×
The Fourth District Court of Appeal granted habeas corpus relief and reduced an excessive bond of $1,251,100 for a defendant charged with drug trafficking offenses, finding the amount unreasonable given his modest income, lack of assets, community ties, and no flight risk.
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Dominick Occhicone appealed the denial of his federal habeas corpus petition challenging his murder convictions and death sentence, claiming the prosecution violated Giglio v. United States by failing to correct perjured testimony from witness Phil Baker regarding a deal for leni
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The court held that a defendant is deprived of his constitutional right to an impartial jury and effective counsel when jurors who convicted a co-defendant in the same crime are empaneled without sufficient inquiry into their bias, and counsel fails to challenge them for cause.
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A prisoner must formally invoke the Interstate Agreement on Detainers (IAD) to exhaust state remedies before seeking federal habeas corpus relief.
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886 F.2d 41·
3d Cir.·
1989-09-19
·cited 3×
While the Commonwealth violated Article V(d) of the Interstate Agreement on Detainers by trying the appellant on charges unrelated to the detainer, this violation was not fundamental enough to warrant habeas relief.
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The district court erred in dismissing a habeas corpus petition based on unexhausted state law claims, as such claims are not cognizable in federal habeas corpus.