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 the evidence presented was sufficient to establish probable cause for extradition, and that the petitioners' arguments regarding the political offense exception, the extradition of nationals, and humanitarian concerns were without merit.
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659 F.2d 539·
5th Cir.·
1981-10-15
·cited 40×
The court held that prison officials did not abuse their discretion in refusing to provide an inmate with specific details of charges based on confidential informants, balancing prison security against the inmate's due process rights.
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The court held that the prosecutor's repeated references to the defendant's postarrest silence, used to impeach his alibi defense, constituted a constitutional violation that was not harmless error. The court also found that the contemporaneous objection rule did not preclude rev
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651 F.2d 1083·
5th Cir.·
1981-07-27
·cited 39×
The court held that the United States Parole Commission's denial of parole was not illegal, did not violate due process, and did not breach the petitioner's plea bargain.
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The court held that even if the prosecutor's question was impermissible, the error was harmless because the trial court sustained the objection and instructed the jury that the defendant had no obligation to speak.
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463 F.2d 1148·
5th Cir.·
1972-07-07
·cited 38×
Excluding a witness for violating a sequestration rule, when the violation was not the fault of the defendant or counsel, violates the defendant's Sixth Amendment right to compulsory process and a fair trial.
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421 F.2d 1251·
3d Cir.·
1970-02-10
·cited 38×
The court held that the defendant was denied due process because his local selective service board failed to provide him with the means to adequately present his claim for conscientious objector status.
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A district judge who presided over a defendant's original trial and sentencing is not disqualified from ruling on a motion to vacate sentence under 28 U.S.C. § 2255, even if the judge's recollection supplements an incomplete transcript.
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William Bradford Huie appealed an appearance bond forfeiture order entered after the Florida Supreme Court dismissed his habeas corpus petition and remanded him to the custody of the Suwannee County Sheriff. The Supreme Court held that while the trial judge had jurisdiction to or
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The Florida Supreme Court upheld the constitutionality of a 1911 statute imposing license taxes on automobiles and motor vehicles used on public roads. The court rejected a habeas corpus challenge and reversed the discharge of a defendant charged with violating the licensing requ
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The court held that the majority opinion failed to consider the totality of circumstances in determining the voluntariness of the confession, selectively using facts and ignoring evidence of coercion.
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782 F.2d 1521·
11th Cir.·
1986-02-24
·cited 37×
The court held that the joint representation of co-defendants did not create an actual conflict of interest that adversely affected counsel's performance, as the alternative defense theory was not plausible based on the evidence.
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Richard Henyard was convicted in 1994 of carjacking Dorothy Lewis and her two children, murdering the children (Jasmine, age 3, and Jamilya, age 7), and raping and attempting to murder Dorothy Lewis. He was sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Heny
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885 F.2d 1497·
11th Cir.·
1989-09-28
·cited 36×
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The court affirmed the district court's grant of a writ of habeas corpus, finding that the petitioner was denied the effective assistance of counsel.
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777 F.2d 272·
5th Cir.·
1985-11-26
·cited 36×
The court denied the petition for rehearing, finding that the prosecutor's remarks, when viewed as a whole, did not deny the defendant due process.
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706 F.2d 161·
6th Cir.·
1983-04-27
·cited 36×
The prosecutor's comments on the uncontradicted nature of the evidence did not violate the petitioner's right against self-incrimination because the evidence could have been contradicted by sources other than the petitioner, and the comments were a permissible rebuttal to defense
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The court held that the Lanterman-Petris-Short Act's provisions allowing 14-day involuntary commitment without a mandatory probable cause hearing violate the due process clause of the Fourteenth Amendment. The court also affirmed the district court's injunctive relief.
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622 F.2d 124·
5th Cir.·
1980-07-21
·cited 36×
The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the state court proceedings.
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619 F.2d 668·
7th Cir.·
1980-04-22
·cited 36×
The court held that the petitioner's claims of due process violations based on an eleven-member jury, knowing use of perjured testimony, and prosecutorial misconduct were without merit.
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607 F.2d 1081·
4th Cir.·
1979-10-19
·cited 36×
A mistrial declared sua sponte by the judge due to discovery noncompliance, without considering less drastic alternatives, was not supported by manifest necessity. Therefore, a subsequent retrial and conviction violated the Double Jeopardy Clause.
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The dissenting judge argues that the majority incorrectly applied the Batson framework by conflating its steps and improperly heightening the prosecution's burden of production. The dissent asserts that the prosecution met its minimal burden at Batson's step two by articulating f
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The court held that federal courts should proceed to the merits of a Lockett claim if Florida courts have indicated they will not apply procedural default rules to such claims.
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756 F.2d 1483·
11th Cir.·
1985-03-25
·cited 35×
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The court held that the district court correctly denied the habeas corpus petition, finding no constitutional error in the state court proceedings regarding competency, sufficiency of evidence, or evidentiary rulings.
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The court held that a defendant's attorney's tactical decisions, even if unsuccessful in retrospect, do not constitute ineffective assistance of counsel if they were reasoned professional judgments.
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The court held that the appellant established a prima facie case of racial discrimination in jury selection, and the state failed to rebut this case.
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634 F.2d 862·
5th Cir.·
1981-01-20
·cited 35×
The erroneous admission of evidence of a prior conviction and escape, while not fundamentally unfair for the conviction itself due to overwhelming evidence of guilt, was a crucial factor in the jury's sentencing decision, thus entitling the petitioner to habeas corpus relief from
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Gregory Alan Kokal was convicted of first-degree murder and sentenced to death for the 1983 killing of Jeffrey Russell, a Navy sailor, during a robbery. Kokal claimed on federal habeas review that his trial counsel was constitutionally ineffective under the Sixth Amendment for fa
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A federal court cannot hold that a state court misunderstood state law, as state courts' interpretations define state law for federal purposes. A failure to follow state law does not automatically violate the Constitution.
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The court held that a confession obtained after an illegal arrest is admissible if the taint of the arrest is sufficiently attenuated by intervening circumstances, and that a suspect's subjective belief of immunity, absent police misrepresentation, does not render a Miranda waive
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742 F.2d 262·
6th Cir.·
1984-08-08
·cited 34×
The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
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The court is compelled to concur in directing the writ to issue, finding no indication that the defendant initiated contact with officers after requesting counsel.
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626 F.2d 1·
6th Cir.·
1980-07-03
·cited 34×
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601 F.2d 172·
5th Cir.·
1979-08-07
·cited 34×
A prisoner's challenge to the duration of confinement, even if framed as a request for damages or declaratory relief under § 1983, is properly treated as a habeas corpus matter requiring exhaustion of state remedies.
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The Court held that the 1908 Act did not diminish the exterior boundaries of the Cheyenne River Indian Reservation, and therefore Eagle Butte remained within Indian Country, making the state without jurisdiction.
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471 F.2d 406·
4th Cir.·
1973-01-11
·cited 34×
A prisoner is entitled to credit for pre-sentence confinement time, especially if indigent, even if state law and prior state court rulings deny it.
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The court held that the petitioner was not denied constitutional rights during the pretrial investigation, post-trial review, or military trial, and therefore, his habeas corpus petition was properly denied.
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A prior conviction obtained without counsel, or with an invalid sentence due to lack of counsel, cannot be used to enhance punishment under a habitual criminal statute.
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767 F.3d 1252·
11th Cir.·
2014-09-24
·cited 33×
Kelvin Leon Reed was convicted of vehicular homicide for striking two pedestrians while driving under the influence and sentenced to 35 years' imprisonment. Reed claimed his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to investigate and
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Douglas Ray Meeks, an African-American man, was convicted of two murders in Taylor County, Florida in 1974-1975: the stabbing death of Chevis Thompson during a robbery attempt at the Majik Market, and the shooting death of Lloyd Walker during a robbery at the Junior Food Store. T
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A habeas petitioner is entitled to relief only upon a showing that a juror was actually biased or incompetent, not merely that the juror was statutorily disqualified or underage.
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This case involves a habeas corpus proceeding where Antonio Florio challenged his arrest under an executive warrant of extradition issued by the Governor of Florida in response to a Connecticut requisition for charges of conspiracy and theft. The Florida Supreme Court reversed th
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In this habeas corpus proceeding, the Florida Supreme Court held that while the City of Pensacola had statutory authority to regulate billiard tables and similar establishments, the arrest and detention of Charles Liberis was unlawful because the affidavit supporting the arrest w
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The court should affirm the district court's judgment because the prosecutor's improper inquiry did not affect the verdict and was harmless error.
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The court held that the defendant failed to demonstrate ineffective assistance of counsel under the Strickland standard, as counsel's actions were either strategic or not prejudicial.
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716 F.2d 780·
11th Cir.·
1983-09-15
·cited 32×
The court held that while prosecutorial misconduct occurred during the sentencing phase, it did not render the guilt phase fundamentally unfair. However, the misconduct during sentencing was so prejudicial that it denied the defendant a fair sentencing hearing.
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The court concurred that the trial judge's sua sponte grant of a mistrial was violative of manifest necessity standards, but denied habeas relief because the Jorn decision does not retroactively apply to the pre-Jorn mistrial.
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The court held that the pre-trial photographic identification procedure was so impermissibly suggestive as to create a substantial likelihood of irreparable misidentification, violating due process.