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 Florida District Court of Appeal rejected an indigent death row inmate's request for appointed counsel in a habeas corpus proceeding, holding that such collateral attacks on criminal convictions are civil in nature and thus do not trigger Sixth Amendment right-to-counsel guar
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This case concerns a rule adopted by the Florida District Court of Appeal, First District, to waive filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1. The court established this rule under its inherent power to govern its inte
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The Florida District Court of Appeal adopted a rule waiving filing fees for notices of appeal from orders on motions for relief under Criminal Procedure Rule No. 1, regardless of the appellant's financial status. This rule aims to facilitate access to appellate review for indigen
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295 F.2d 651·
9th Cir.·
1961-10-24
The court held that the written judgment, as modified and approved by the judge, accurately reflected the intended sentence, even if there was initial ambiguity in the oral pronouncement.
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An arrest and detention made under a facially invalid rendition warrant, even if later validated by supplementary documents in a habeas corpus proceeding, constitutes a deprivation of liberty violating the Due Process Clause of the Fourteenth Amendment.
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Mathew Smith appeals his perjury conviction for allegedly lying during habeas corpus proceedings about his arrest history. The Florida Supreme Court reverses, holding that the false statements were not material to the issue before the court in the habeas corpus proceeding, which
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The court held that a seaman seeking shore leave, excluded as a 'subversive,' is not entitled to an appeal to the Commissioner or a Board of Special Inquiry, but may seek judicial review via habeas corpus.
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The court held that the Attorney General has the authority to order the exclusion of an alien without a hearing, consistent with inherent executive power.
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The court held that the joinder of two distinct federal offenses, one under the Motor Vehicle Theft Act and another under the National Stolen Property Act, was permissible under Rule 8(a) of the Federal Rules of Criminal Procedure.
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Tom Dykes challenged his perjury conviction via habeas corpus, arguing the indictment was defective and violated his rights. The Florida Supreme Court affirmed his conviction, holding that habeas corpus cannot be used to attack the sufficiency of an indictment and that the indict
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The Florida Supreme Court affirmed a lower court's decision to discharge a defendant from custody via habeas corpus. The court found the information charging the defendant was legally insufficient, failing to allege an offense under state law regarding motor vehicle licensing.
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Root was arrested for possessing milk for sale without a permit under a city ordinance. The Florida Supreme Court reversed his conviction and ordered his discharge, finding that the ordinance's provision charging $25/month for inspections of dairies beyond five miles from the cit
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The Florida Supreme Court denied a motion to amend or supplement the bill of exceptions in a habeas corpus proceeding, holding that bills of exceptions cannot be amended by certiorari in the appellate court and any amendments must be made in the trial court before appellate proce
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The court reviewed a habeas corpus case where a defendant was convicted under a city ordinance prohibiting the sale of alcohol. The defendant argued the ordinance was void because it didn't state that a local election had prohibited alcohol sales. The appellate court reversed the
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The Florida Supreme Court affirmed a lower court's decision to remand George Floyd to custody for failing to work public roads. The court found that even if a special road law was unconstitutional, Floyd's actions were still punishable under general state laws.
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The Florida Supreme Court dismissed a writ of error in a habeas corpus case concerning child custody due to a lack of jurisdiction over the defendant in error. The court found that proper legal procedures, such as issuing and serving a scire facias, were not followed, and the wri
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The Florida Supreme Court affirmed a lower court's decision to discharge a minor from a state reform school. The court found the commitment order insufficient because it lacked a specific finding of incorrigible and vicious conduct as required by statute.
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This case involves the interpretation of a Confederate military conscription exemption for ministers of religion. The court held that Edward L. King, an ordained local preacher in the Methodist Episcopal Church, South, qualified for exemption from military service under the Febru