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

• Lindsey v. State
  974 So. 2d 1131· Fla. 3d DCA· 2008-02-06
  Defendant's petition for habeas corpus based on ineffective assistance of appellate counsel for failing to raise a speedy trial violation is denied because defendant waived his speedy trial right by requesting a defense continuance.
• Othlone Russ v. State
  971 So. 2d 851· Fla. 3d DCA· 2007-10-31
  Russ seeks habeas corpus relief claiming appellate counsel was ineffective for failing to raise a jury instruction error regarding sexual battery charges. The court denies relief, holding that the instruction error was not fundamental because the record shows the jury convicted b
• In re Extradition of Batchelder
  494 F. Supp. 2d 1302· N.D. Fla.· 2007-06-25 ·via Habeas Corpus Review
  The court certified to the Secretary of State that there was sufficient evidence to sustain the three Canadian charges against the defendant, warranting extradition.
• A.M. v. Housel
  948 So. 2d 993· Fla. 4th DCA· 2007-02-21
  A child detained in juvenile custody sought habeas corpus relief challenging his continued detention past his 19th birthday. The Florida appellate court granted the petition, holding that the trial court's jurisdiction automatically terminated when the child reached age 19 and th
• Brandreth v. McRAY
  930 So. 2d 846· Fla. 3d DCA· 2006-06-14
  Paul Brandreth, a federal prisoner temporarily in Florida state custody pending trial on murder and theft charges, sought habeas corpus relief after the trial court denied his request for a bond hearing. The court granted the petition, holding that Brandreth was entitled to an Ar
• Arick Justin Rinaldo v. State
  861 So. 2d 510· Fla. 4th DCA· 2003-12-10 ·via Petition For Habeas Corpus Relief
  Court denied petitioner's request for hybrid representation (pro se with counsel assistance) and his petition for habeas corpus challenging a six-member jury, holding that Florida law does not permit simultaneous self-representation and counsel assistance, and that a six-member j
• Perez v. Dept. of Corrections
  227 F. Supp. 2d 1298· S.D. Fla.· 2002-09-30
  Henry Perez was convicted in 1993 of attempted felony murder and sentenced to 25 years imprisonment. His appellate counsel, J. Rafael Rodriguez, failed to keep Perez's direct appeal alive after the Third District Court of Appeal affirmed the conviction in November 1994, despite k
• V.P. As Father of T.P. v. Dep't OF Child. & Families
  746 So. 2d 590· Fla. 5th DCA· 1999-12-23
  The court affirmed an order awarding supplemental benefits to an employee who suffered a work-related permanent total disability, rejecting the employer's contention that benefits should be capped at the employee's average weekly wage at the time of the accident.
• Noel v. United States
  1998 WL 414016· M.D. Fla.· 1998-07-06
  The court held that the Magistrate Judge had jurisdiction, the offense was within the treaty, there was evidence warranting probable cause, the extradition statute is constitutional, the Magistrate Judge had authority to preside, and recusal was not warranted.
• Leath v. State
  694 So. 2d 855· Fla. 4th DCA· 1997-06-04
  Willie Leath appealed an order denying his post-conviction motion for leave to file a belated appeal from his community control revocation and prison sentence. The court granted the state's motion for rehearing, withdrew its prior opinion, and remanded for an evidentiary hearing
• Kidwell v. McCutcheon
  962 F. Supp. 1477· S.D. Fla.· 1996-10-30
  The court held that the petitioner had set forth a colorable cause for invoking federal jurisdiction, granting habeas corpus relief due to uncertainty in state law and clarity in federal law regarding journalist privilege.
• S.W. v. Woolsey
  673 So. 2d 152· Fla. 1st DCA· 1996-05-14 ·via Habeas Corpus Review
  A juvenile charged with battery on a school board employee was found delinquent and placed in secure detention pending disposition. The court held that the trial court improperly relied on the finding of delinquency as a 'changed circumstance' to increase the Risk Assessment Inst
• Hernandez v. Dugger
  839 F. Supp. 849· M.D. Fla.· 1993-12-08 ·via Habeas Corpus Proceedings
  The court granted the state's motion for a stay pending appeal, allowing the petitioner to remain incarcerated, despite the grant of a writ of habeas corpus.
• Hockett v. Duckworth
  999 F.2d 1160· 7th Cir.· 1993-07-26
  The court held that the district court did not err in denying the habeas petition without an evidentiary hearing, as the state court post-conviction proceedings adequately addressed the ineffective assistance of counsel claim.
• Childs v. Collins
  995 F.2d 67· 5th Cir.· 1993-07-13
  The court held that a defendant who is informed of his right to appeal and fails to make his desire to appeal known waives that right, and thus cannot claim ineffective assistance of counsel for failure to appeal.
• McKEE v. Crispus C. NIX
  995 F.2d 833· 8th Cir.· 1993-06-14
  The court held that the district court properly denied the habeas corpus petition because the petitioner procedurally defaulted on most claims and the remaining claims lacked merit or were based on state law errors.
• Wilson v. Lindler
  995 F.2d 1256· 4th Cir.· 1993-06-11 ·via Federal Habeas Corpus Relief
  The dissenting judge would reverse the district court's grant of the writ, finding no constitutional error regarding notice and that any error was invited or not prejudicial.
• Nethery v. Collins
  993 F.2d 1154· 5th Cir.· 1993-06-11 ·via Federal Habeas Corpus Relief
  The court held that the jury instructions prevented adequate consideration of mitigating evidence of voluntary intoxication, violating the Eighth Amendment.
• Pemberton v. Collins
  991 F.2d 1218· 5th Cir.· 1993-05-27 ·via Habeas Corpus Review
  A federal court on habeas review may consider a confession admitted at trial, even if a state appellate court later held it inadmissible under state law, provided its admission did not violate federal constitutional standards.
• Hurlburt v. Cunningham
  996 F.2d 1273· 1st Cir.· 1993-05-26 ·via Habeas Corpus Review
  The court affirmed the denial of the habeas corpus petition, holding that the increased sentence after retrial was not unconstitutional under North Carolina v. Pearce because the sentencing judge provided sufficient on-the-record, nonvindictive reasons.
• Kelley v. Kaiser
  992 F.2d 1509· 10th Cir.· 1993-05-17
  The court held that the Oklahoma court's application of the Edwards requirement, which shifted the burden to the petitioner to show why he would not have been certified as an adult, constituted an inadequate fact-finding procedure, thus the state court's determination was not ent
• Ruffin v. State
  617 So. 2d 868· Fla. 5th DCA· 1993-05-07
  Ruffin appeals a resentencing order in which the trial court unlawfully modified his murder sentence that he had already begun serving. The court reversed and remanded because the trial court exceeded its authority by changing the murder sentence when only the sexual battery sent
• Donnie Lee Prince v. State
  616 So. 2d 526· Fla. 4th DCA· 1993-03-24
  In this post-conviction appeal, the Fourth District affirmed the trial court's denial of Prince's ineffective assistance of counsel claims, finding he was properly advised of his right to testify and failed to properly assert other alleged errors. The court also affirmed the deni
• Woods v. Major General JJ. Sheehan
  987 F.2d 1454· 9th Cir.· 1993-03-15
  The court held that the Marine Corps had a basis in fact for denying Corporal Woods' conscientious objector status, and the district court did not err in denying his habeas petition.
• Degarmo v. Collins
  984 F.2d 142· 5th Cir.· 1993-02-08 ·via Habeas Corpus Proceedings
  The court held that a stipulation agreeing not to appeal must be enforced as written.
• Claudio v. Scully
  982 F.2d 798· 2d Cir.· 1992-12-28
  The court held that the failure of appellate counsel to raise a meritorious state constitutional claim regarding ineffective assistance of counsel constitutes a violation of the Sixth Amendment right to effective assistance of counsel.
• Yokley v. Belaski
  982 F.2d 423· 10th Cir.· 1992-12-23
  A sentence imposed in 'years' includes calendar years, regardless of whether they contain 365 or 366 days, and does not violate due process or equal protection.
• Orrin W. Payne v. Borg
  982 F.2d 335· 9th Cir.· 1992-12-10 ·via Habeas Corpus Review
  The court held that the evidence was insufficient to support a finding beyond a reasonable doubt that the defendant intended to aid in the killing that occurred.
• Hudson v. Whitley
  979 F.2d 1058· 5th Cir.· 1992-12-10 ·via Habeas Corpus Proceedings
  The dissenting judge argues that the case should not be remanded because the evidence of prejudice is overwhelming and the merits of the claim are clear, making the conviction fatally flawed.
• Bridge v. United States Parole Comm'n & J.T. Holland
  981 F.2d 97· 3d Cir.· 1992-12-01 ·via Habeas Corpus Review
  The court held that the district court erred by precluding the Parole Commission from considering new evidence when reconsidering a parole eligibility date, as agencies are not permanently bound by initial judicial review if new evidence emerges.
• Hosey B. Johnson v. Hargett
  978 F.2d 855· 5th Cir.· 1992-11-17 ·via Habeas Corpus Proceedings
  The court should not deny federal courts the opportunity to hear constitutional errors in habeas proceedings.
• Akrawi v. Jabe
  979 F.2d 418· 6th Cir.· 1992-11-09
  The court held that the trial court's error in barring a witness for violating a sequestration order was harmless beyond a reasonable doubt, and that the petitioner's other claims of constitutional error and ineffective assistance of counsel lacked merit.
• Bolander v. State OF Iowa
  978 F.2d 1079· 8th Cir.· 1992-11-05
  The dissenting judge holds that the majority erred in finding prejudice based on a misinterpretation of the trial court's pretrial statement and an incorrect application of the Strickland standard.
• Wang Zong Xiao v. Barr
  979 F.2d 151· 9th Cir.· 1992-10-30 ·via Habeas Corpus Review
  The court held that the district court lacked jurisdiction because the alien failed to exhaust administrative remedies before challenging the INS's authority to initiate exclusion proceedings.
• Loyd v. Whitley
  977 F.2d 149· 5th Cir.· 1992-10-29
  The court held that the petitioner's counsel provided ineffective assistance by failing to adequately investigate and present independent psychiatric evidence regarding the petitioner's mental state during the penalty phase of his capital murder trial.
• Cornell v. Crispus NIX
  976 F.2d 376· 8th Cir.· 1992-09-14 ·via Habeas Corpus Proceedings
  The dissenting judges believe the majority improperly disregarded the trial court's findings regarding newly discovered evidence and its potential impact on the petitioner's trial outcome.
• Garcia v. Powers
  973 F.2d 684· 8th Cir.· 1992-08-31 ·via Habeas Corpus Review
  The court held that a state law corroboration requirement is not cognizable on federal habeas review, and that sufficient evidence supported the conviction and the denial of a new trial motion.
• Neal v. Morris
  972 F.2d 675· 6th Cir.· 1992-08-07 ·via Habeas Corpus Review
  The court held that sufficient evidence, viewed favorably to the prosecution, supported Neal's conviction, and thus his due process rights were not violated.
• Becker v. A.L. Lockhart
  971 F.2d 172· 8th Cir.· 1992-08-03 ·via Habeas Corpus Review
  The court held that the evidence was insufficient to prove that the defendant used physical force to resist apprehension immediately after a misdemeanor theft, entitling him to habeas relief.
• Griffin v. Warden, Md. Corr. Adjustment Ctr.
  970 F.2d 1355· 4th Cir.· 1992-07-28
  The court held that the petitioner was denied effective assistance of counsel under the Sixth Amendment due to his attorneys' failure to investigate and present alibi witnesses, which prejudiced his defense.
• Zoilo Linares and David Munoz v. Senkowski
  964 F.2d 1295· 2d Cir.· 1992-05-26 ·via Habeas Corpus Review
  The court held that the claim that a conviction is invalid because the prosecutor was not admitted to the bar constitutes a 'new rule' under Teague v. Lane, and therefore cannot be applied on federal habeas corpus review.
• Greenawalt v. Ricketts
  961 F.2d 1457· 9th Cir.· 1992-04-23 ·via Habeas Corpus Review
• Linwood Fields v. Keohane
  954 F.2d 945· 3d Cir.· 1992-01-28 ·via Habeas Corpus Proceedings
  The court held that the District of Columbia Good Time Credits Act, by its terms, applies only to prisoners confined in a District correctional facility, and therefore, prisoners convicted under District law but serving sentences in federal facilities are not entitled to its bene
• Morgan v. Shirley
  958 F.2d 662· 6th Cir.· 1992-01-27 ·via Habeas Corpus Review
  The court held that the use of a statutory presumption as evidence in a DUI case did not violate due process by impermissibly shifting the burden of persuasion to the defendant.
• Glover v. Norris W. McMACKIN
  950 F.2d 1236· 6th Cir.· 1991-11-22 ·via Habeas Corpus Review
  The court should not allow the state another opportunity to justify the mistrial order, as the record lacks manifest necessity and the trial court did not exercise sound discretion.
• Shackelford v. Armontrout
  950 F.2d 521· 8th Cir.· 1991-11-22
  A state prisoner cannot excuse procedural default based on ineffective post-conviction counsel.
• Escobar v. O'Leary
  943 F.2d 711· 7th Cir.· 1991-09-10 ·via Habeas Corpus Review
  The court held that a retrial after a mistrial declared due to jury bias and deadlock is permissible under the manifest necessity doctrine, even if the defendant did not explicitly consent to the mistrial. The court also held that the mention of polygraph evidence did not render
• In the Interest of P.A.G. v. M.G.
  584 So. 2d 600· Fla. 2d DCA· 1991-07-31 ·via Habeas Corpus Proceedings
  The Florida Department of Health and Rehabilitative Services appeals an order unsealing adoption records to disclose the adoptive parents' names to the child's natural mother. The court reverses and remands, holding that the trial court failed to conduct a full evidentiary hearin
• Burton v. Collins
  937 F.2d 131· 5th Cir.· 1991-07-18 ·via Federal Habeas Corpus Relief
  The court held that the defendant's request to represent himself was not clear and unequivocal, and therefore, the district court did not err in dismissing his habeas corpus petition.
• Dickerson v. Guste
  932 F.2d 1142· 5th Cir.· 1991-06-11
  The court held that the time spent in federal prison under a state detainer does not count towards the speedy trial period, and denial of motions for a new trial and an investigator did not violate constitutional rights.