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

• Curran v. State OF Del.
  259 F.2d 707· 3d Cir.· 1958-09-29 ·cited 58×·via Habeas Corpus Proceedings
  The knowing false testimony of a police detective, coupled with the destruction of other statements, denied defendants due process of law, rendering their trial fundamentally unfair.
• Smith v. Comm'r, Ala. Dep't of Corr.
  67 F.4th 1335· 11th Cir.· 2023-05-19 ·cited 57×
  Joseph Clifton Smith, convicted of capital murder, challenged his death sentence on the grounds that he is intellectually disabled, which would render the sentence unconstitutional under the Eighth Amendment under the principle established in Atkins v. Virginia. The Eleventh Circ
• Tucker v. Kemp
  762 F.2d 1480· 11th Cir.· 1985-05-31 ·cited 57×·via Habeas Corpus Review
  The majority's conclusion that the prosecutorial argument did not affect the reliability and fairness of the sentencing proceeding is disagreed with.
• Bell v. Watkins
  692 F.2d 999· 5th Cir.· 1982-12-06 ·cited 57×
  The court held that the trial court's sentencing instructions were constitutionally inadequate, requiring reversal of the federal district court's judgment denying habeas corpus relief on that ground. However, the court affirmed the denial of relief regarding the constitutionalit
• Laws v. Armontrout
  863 F.2d 1377· 8th Cir.· 1988-12-20 ·cited 56×·via Habeas Corpus Review
  The court held that the district court erred in granting habeas corpus relief based on an erroneous legal test for ineffective assistance of counsel and an unsupported assessment of the evidence.
• Craycroft v. Ferrall
  408 F.2d 587· 9th Cir.· 1969-03-05 ·cited 56×
  The court held that the appellant had not exhausted his military administrative remedies, and therefore, the district court should not have granted relief.
• Whitney v. State
  184 So. 2d 207· Fla. 3d DCA· 1966-03-08 ·cited 55×·via Habeas Corpus Proceedings
  Dennis Whitney, convicted of first-degree murder and sentenced to death, sought collateral relief arguing denial of due process on multiple grounds including pretrial publicity, prosecutorial misconduct, and ineffective assistance of counsel. The appellate court affirmed the tria
• Nelson v. Peyton
  415 F.2d 1154· 4th Cir.· 1969-06-25 ·cited 53×
  A defendant denied the right to be informed of their right to appeal and how to exercise it, due to ineffective assistance of counsel, is entitled to habeas corpus relief without showing prejudice from the lack of appeal.
• Mendoza v. Miller
  779 F.2d 1287· 7th Cir.· 1985-12-19 ·cited 52×·via Habeas Corpus Proceedings
  The majority holds that the petitioner was not denied due process because the record contained sufficient indicia of informant reliability, the petitioner waived his right to exculpatory material, and the magistrate properly handled in camera review.
• White v. Lackland Bloom
  621 F.2d 276· 8th Cir.· 1980-04-30 ·cited 52×
  The court held that complaints alleging § 1983 conspiracies between private parties and immune public officials must meet a special, more specific pleading standard than generally required under the Federal Rules of Civil Procedure.
• United States ex rel. Neil Bruce Checkman v. Hon. Melvin Laird
  469 F.2d 773· 2d Cir.· 1972-10-27 ·cited 52×
  The court held that the Army's denial of conscientious objector status was erroneous because the administrative record lacked a sufficient basis in fact and failed to provide adequate reasons for the decision.
• Branch v. Estelle
  631 F.2d 1229· 5th Cir.· 1980-12-04 ·cited 51×
  The court held that the petitioner was not entitled to federal habeas corpus relief on any of his claims, affirming the denial of his petition.
• Eberhardt v. Bordenkircher
  605 F.2d 275· 6th Cir.· 1979-09-10 ·cited 51×·via Habeas Corpus Review
  A prosecutor's comment on a defendant's failure to testify, even if brief, is not harmless error if the evidence is not overwhelming and the trial contained other substantial errors.
• Beavers v. Balkcom
  636 F.2d 114· 5th Cir.· 1981-02-05 ·cited 50×
  The court held that the federal district court should have dismissed the habeas corpus petition without prejudice because the specific issue of counsel's failure to obtain a psychiatric examination and present medical evidence was not fully developed in state court.
• Dodd v. United States
  365 F.3d 1273· 11th Cir.· 2004-04-16 ·cited 49×·via Federal Habeas Corpus Relief
  Michael Donald Dodd, a federal prisoner convicted of engaging in a continuing criminal enterprise (CCE) and other drug offenses, appealed the dismissal of his 28 U.S.C. § 2255 petition challenging his conviction on Sixth Amendment and Due Process grounds based on Richardson v. Un
• Bennie Demps v. State
  515 So. 2d 196· Fla.· 1987-11-04 ·cited 49×
  Bennie Demps, under a death sentence and execution warrant set for November 5, 1987, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's summary denial of relief, finding all claims procedurally barred
• Moreno v. W.J. Estelle, Jr.
  717 F.2d 171· 5th Cir.· 1983-10-14 ·cited 49×·via Federal Habeas Corpus Relief
  The court held that the petitioner's Sixth Amendment claims regarding self-representation and ineffective assistance of counsel, as well as his Eighth Amendment claim regarding sentence proportionality, lacked merit, and affirmed the denial of habeas corpus relief.
• Covington v. Harris
  419 F.2d 617· D.C. Cir.· 1969-03-14 ·cited 49×·via Habeas Corpus Proceedings
  The court held that the record was inadequate to determine if the hospital's decision to keep the appellant in maximum security was permissible and reasonable, requiring a remand for further proceedings.
• Proffitt v. Louie L. Wainwright
  706 F.2d 311· 11th Cir.· 1983-05-31 ·cited 48×
  The court modified its prior opinion, clarifying that even if the right to presence in a capital case is waivable, the defendant did not effectively waive it in this instance. The court also noted a pending Supreme Court case that may impact the analysis of aggravating circumstan
• Hooker v. Klein
  573 F.2d 1360· 9th Cir.· 1978-05-03 ·cited 48×·via Habeas Corpus Review
  The court affirms the denial of the writ of habeas corpus, but the concurring opinion suggests a broader review for the government in extradition cases.
• Meeks v. Craven
  482 F.2d 465· 9th Cir.· 1973-07-20 ·cited 48×·via Habeas Corpus Review
  The court held that the defendant's demands to represent himself at trial were not unequivocal, and therefore, he was not denied his constitutional right to self-representation.
• Kauffman v. Secretary OF THE AIR Force
  415 F.2d 991· D.C. Cir.· 1969-06-26 ·cited 48×·via Habeas Corpus Review
  Civilian courts have jurisdiction to review court-martial convictions even if the serviceman is not in custody, and the standard of review for constitutional errors should be the same as for state and federal convictions.
• Jordan v. United States Dist. Court FOR THE Dist. OF Columbia
  233 F.2d 362· D.C. Cir.· 1956-04-19 ·cited 48×
  The court held that the additional five-year penalty for committing a crime of violence while armed with a firearm must be charged in the indictment and found by the jury. The court also found that the petitioner's other claims did not warrant an evidentiary hearing.
• Stern v. Tarrant Cnty. Hosp. Dist.
  778 F.2d 1052· 5th Cir.· 1985-12-18 ·cited 47×·via Habeas Corpus Review
  A state agency's action, even if violating state law, does not violate the Fourteenth Amendment's Equal Protection Clause unless it is also irrational or arbitrary under federal constitutional standards.
• United States v. Auten
  632 F.2d 478· 5th Cir.· 1980-12-08 ·cited 47×
  The court held that the government's failure to disclose a key witness's criminal record, which was constructively known to the prosecution, constituted a Brady violation, requiring a remand for an evidentiary hearing.
• Winters v. Cook
  489 F.2d 174· 5th Cir.· 1973-11-28 ·cited 47×
• Ex parte Wilson
  74 Fla. 91· Fla.· 1917-07-14 ·cited 47×·via Habeas Corpus Review
  Simon Wilson was convicted of illegally selling intoxicating liquors in Marion County, Florida after a December 1915 election prohibited such sales. Wilson petitioned for habeas corpus, but the Florida Supreme Court upheld his conviction after determining that the prohibition ele
• Ex parte Corpus
  28 Fla. 67· Fla.· 1891-06-01 ·cited 47×
  William Pells sought habeas corpus relief from confinement in county jail for non-payment of a fine imposed in his aggravated assault conviction. The Florida Supreme Court held that a newly enacted statute allowing discharge after 60 days of confinement for inability to pay fines
• Cook v. Bordenkircher
  602 F.2d 117· 6th Cir.· 1979-06-28 ·cited 46×·via Habeas Corpus Review
  The court held that while the prosecutor's closing argument was improper and inexcusable, it did not rise to the level of a due process violation warranting habeas corpus relief due to overwhelming evidence of guilt.
• Johnston v. Honorable Rabe F. Marsh
  227 F.2d 528· 3d Cir.· 1955-11-30 ·cited 45×·via Habeas Corpus Proceedings
  The court held that the district judge acted within his jurisdiction in admitting a state prisoner to bail pending a habeas corpus hearing.
• State v. Horne
  52 Fla. 125· Fla.· 1906-06-01 ·cited 45×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that a conditional pardon remains enforceable even after the specific time period mentioned in the original sentence expires, and that violation of pardon conditions at any time renders the pardon void and subjects the parolee to re-imprisonment for
• Marshall v. Crosby
  911 So. 2d 1129· Fla.· 2005-05-26 ·cited 44×
  Matthew Marshall, a death row inmate, petitioned for habeas corpus relief challenging his death sentence for a 1988 murder, raising claims of ineffective appellate counsel, constitutional violations under Apprendi and Ring, and arbitrary application of Florida's jury override sta
• Reyes Barrera, Jr. v. Young
  794 F.2d 1264· 7th Cir.· 1986-07-09 ·cited 44×·via Habeas Corpus Review
  The court held that Barrera's confession was voluntary and did not violate his Sixth Amendment right to counsel, as he knowingly and intelligently waived his rights despite the interrogation tactics used.
• In re the Petition of Carl Hill for Writ of Habeas Corpus. Carl Basil Angelo Hill v. United States Immigr. & Naturalization Serv.
  775 F.2d 1037· 9th Cir.· 1985-11-01 ·cited 44×·via Habeas Corpus Proceedings
  The court held that the Equal Access to Justice Act (EAJA) does not apply to habeas corpus proceedings challenging immigration exclusion policies, and that the government's position was substantially justified, thus denying attorneys' fees.
• Taylor v. Lombard
  606 F.2d 371· 2d Cir.· 1979-10-01 ·cited 44×·via Habeas Corpus Review
  A prosecutor's knowing use or acquiescence in perjured testimony, even if only related to witness credibility, violates due process and warrants reversal.
• Smith v. United States
  577 F.2d 1025· 5th Cir.· 1978-08-07 ·cited 44×
  A parolee is not automatically entitled to release due to a delay in a final revocation hearing beyond 90 days if there is no intentional violation, no demand for a hearing until after the period expired, no prejudice from the delay, and the revocation results from a new offense.
• United States v. Loschiavo
  531 F.2d 659· 2d Cir.· 1976-03-03 ·cited 44×
  A federal court of appeals decision clarifying that a specific individual was not a federal official under 18 U.S.C. § 201 can constitute a change in law allowing for collateral relief under § 2255, even if the issue was not squarely raised on direct appeal.
• Thompson v. State
  88 So. 3d 312· Fla. 4th DCA· 2012-05-02 ·cited 43×·via Habeas Corpus Proceedings
  The Fourth District Court of Appeal affirmed the summary denial of Charles Thompson's Rule 3.850 postconviction motion seeking relief based on claims of ineffective assistance of counsel regarding his trial competency. The court clarified the legal standards distinguishing betwee
• Jarrell v. Balkcom
  735 F.2d 1242· 11th Cir.· 1984-06-20 ·cited 43×
  The court held that the petitioner's confession was not tainted by an illegal arrest, unlawful inducement, or stale Miranda warnings, and that the trial court conducted an adequate voluntariness hearing.
• Klein v. Harris
  667 F.2d 274· 2d Cir.· 1981-12-15 ·cited 43×·via Habeas Corpus Review
  A state court's constitutional error at trial can warrant federal habeas relief, even considering principles of comity and finality.
• Murphy v. Beto
  416 F.2d 98· 5th Cir.· 1969-09-26 ·cited 43×·via Federal Habeas Corpus Relief
  The Fifth Circuit affirmed the district court's denial of habeas corpus relief, finding no federal constitutional grounds for the petitioner's claims.
• Frey v. Fulcomer
  974 F.2d 348· 3d Cir.· 1992-08-20 ·cited 42×
  The dissenting judge holds that the defendant's counsel's reliance on an unconstitutional statute during the penalty phase constituted ineffective assistance, creating a reasonable probability of a different outcome and thus prejudice under Strickland v. Washington.
• Berrisford v. Wood
  826 F.2d 747· 8th Cir.· 1987-08-14 ·cited 42×·via Habeas Corpus Review
  The court affirmed the denial of the habeas petition, finding no constitutional error in the admission of evidence or jury instructions, and sufficient evidence for the conviction.
• Earnest Knighton, Jr. v. Maggio
  740 F.2d 1344· 5th Cir.· 1984-08-27 ·cited 42×
  The court held that the petitioner did not receive ineffective assistance of counsel and denied his habeas corpus petition.
• Johnson v. W.J. Estelle, Jr.
  704 F.2d 232· 5th Cir.· 1983-05-06 ·cited 42×·via Federal Habeas Corpus Relief
  The court held that the district court erred in dismissing the claim of ineffective assistance of counsel without an evidentiary hearing, as the allegations, if true, could establish a constitutional violation.
• Jacks v. Duckworth
  651 F.2d 480· 7th Cir.· 1981-06-10 ·cited 42×·via Habeas Corpus Review
  The dissenting judge argues that the state trial court's use of Instruction No. 5 impermissibly shifted the burden of proof on an essential element of the crime, and the admission of the defendant's request to speak to a lawyer was prejudicial error.
• Dollree Mapp and Alan Lyons v. Warden, NEW York State Corr. Inst. FOR Women, Bedford Hills, NEW York, & Warden, Great Meadow Corr. Facility, Comstock, N.Y.
  531 F.2d 1167· 2d Cir.· 1976-03-16 ·cited 42×·via Habeas Corpus Review
  The court held that the evidence seized was the product of a constitutional search, and therefore the dismissal of the habeas corpus petition was proper.
• Grasso v. Norton
  520 F.2d 27· 2d Cir.· 1975-06-23 ·cited 42×·via Habeas Corpus Proceedings
  The court held that the Parole Board's practices do not provide (a)(2) prisoners with as effective and meaningful parole consideration as other prisoners, failing to give sufficient weight to rehabilitation.
• Butcher v. Marquez
  758 F.2d 373· 9th Cir.· 1985-04-16 ·cited 41×·via Habeas Corpus Review
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or a constitutional violation from the admission of evidence, thus affirming the dismissal of his habeas petition.
• Darden v. Louie L. Wainwright
  699 F.2d 1031· 11th Cir.· 1983-02-14 ·cited 41×·via Habeas Corpus Proceedings