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

• Vesta Hedges v. State
  165 So. 2d 213· Fla. 2d DCA· 1964-05-22 ·cited 14×·via Habeas Corpus Proceedings
  Vesta Hedges was convicted of manslaughter in the death of her lover of seven years after a struggle over his gun at her home. The Second District affirmed her conviction, rejecting six grounds for reversal including challenges to the sufficiency of evidence, prosecutorial remark
• Selden G. Hooper v. The United States
  326 F.2d 982· Ct. Cl.· 1964-01-24 ·cited 14×·via Habeas Corpus Review
  The court held that retired members of the armed forces entitled to pay are subject to court-martial jurisdiction under UCMJ Article 2(4), and that such jurisdiction is constitutional.
• Blackburn v. Ippolito
  156 So. 2d 550· Fla. 2d DCA· 1963-09-11 ·cited 14×·via Habeas Corpus Proceedings
  In this habeas corpus appeal, the Florida District Court of Appeal reversed the discharge of Jack Ippolito, manager of a supermarket operating a promotional 'Good-Will Cash Night' drawing, holding that the scheme constituted an illegal lottery under Florida law. The court adopted
• Thomas v. Colonel James W. Davis
  249 F.2d 232· 10th Cir.· 1957-10-29 ·cited 14×·via Habeas Corpus Review
  The court held that civil courts' habeas corpus review of military convictions is limited to whether the military courts had jurisdiction and acted within their lawful powers, and gave full and fair consideration to constitutional claims.
• Douglass v. W. J. Shackelford as Marshal of the City of Lake City
  73 Fla. 889· Fla.· 1917-04-19 ·cited 14×·via Habeas Corpus Proceedings
  W. B. Douglass challenges a municipal court conviction and sentence via habeas corpus. The Florida Supreme Court affirms the Circuit Court's order remanding Douglass to custody for proper sentencing by the Mayor, holding that despite procedural defects in the original sentence, t
• Ex Parte
  20 Fla. 806· Fla.· 1884-06-01 ·cited 14×·via Habeas Corpus Review
  G.D. Powell challenges his extradition to Georgia on a fugitive from justice warrant issued by the Florida Governor. The Florida Supreme Court initially reversed Powell's detention, finding the Governor's warrant lacked sufficient judicial authorization, but on a second habeas pe
• Hendrix v. Sec'y, Fla. Dep't OF Corr., Fla. Attorney Gen.
  527 F.3d 1149· 11th Cir.· 2008-05-13 ·cited 13×·via Habeas Corpus Review
  Robert Hendrix was convicted of two counts of first-degree murder and sentenced to death after murdering his cousin Elmer Scott and Scott's wife to prevent Scott from testifying against him in a burglary case. The Eleventh Circuit affirmed the denial of his federal habeas petitio
• Staley v. Ledbetter
  837 F.2d 1016· 11th Cir.· 1988-02-17 ·cited 13×
  The court held that federal courts lack subject matter jurisdiction to review state court child custody determinations, affirming the dismissal of the plaintiff's civil rights action.
• Thompson v. Louie L. Wainwright and Jim Smith
  784 F.2d 1103· 11th Cir.· 1986-03-20 ·cited 13×
  The court held that the appellant's guilty plea was voluntary and entered upon advice of competent counsel, and thus his petition for habeas corpus relief was properly denied.
• Jones v. Smith
  772 F.2d 668· 11th Cir.· 1985-09-11 ·cited 13×
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the pretrial lineup, the jury instructions, or the assistance of counsel.
• Huffman v. Ricketts
  750 F.2d 798· 9th Cir.· 1984-12-28 ·cited 13×·via Federal Habeas Corpus Relief
  The court held that the Arizona Court of Appeals did not apply a procedural bar when it addressed the merits of Huffman's federal constitutional claim, and that the jury instructions, when viewed as a whole, did not create an unconstitutional presumption that shifted the burden o
• Hollenbeck v. Estelle
  672 F.2d 451· 5th Cir.· 1982-04-05 ·cited 13×
  A defendant's post-conviction disagreement with counsel's advice against testifying does not establish a denial of the right to testify, and counsel's strategic decisions regarding evidence and testimony can constitute effective assistance.
• Filomeno Sotelo Mondragon v. Ilchert
  653 F.2d 1254· 9th Cir.· 1980-01-25 ·cited 13×·via Habeas Corpus Review
  The court held that a district court has jurisdiction to review the denial of discretionary relief in a deportation proceeding when the review is sought via a habeas corpus petition.
• Clay v. Henderson
  524 F.2d 921· 5th Cir.· 1975-12-12 ·cited 13×
  The court held that the appellant's release was a parole, not a transfer, and therefore the parole board retained jurisdiction over him.
• Bjerkan v. United States
  529 F.2d 125· 7th Cir.· 1975-11-18 ·cited 13×
  A presidential pardon restores all federal and state civil rights, rendering a habeas corpus appeal moot if the only remaining issues are collateral consequences of the conviction.
• Masters v. Cobb
  111 Fla. 267· Fla.· 1933-07-06 ·cited 13×·via Habeas Corpus Review
  The Florida Supreme Court reversed a lower court's denial of habeas corpus, holding that the City of Fort Pierce could not impose a license tax on a truck merely delivering goods within city limits unless the city had specific charter authority to do so. The case addresses the li
• Gavin v. Comm'r, Ala. Dep't of Corr.
  40 F.4th 1247· 11th Cir.· 2022-07-14 ·cited 12×
  Keith Gavin appealed the district court's grant of his federal habeas petition challenging his Alabama death sentence, claiming ineffective assistance of counsel during the penalty phase and juror misconduct. The Eleventh Circuit reversed the grant of habeas relief on the ineffec
• Lufkins v. Leapley
  965 F.2d 1477· 8th Cir.· 1992-05-07 ·cited 12×
  The admission of witness statements, even if their cross-examination was ineffective, was harmless error beyond a reasonable doubt because the defendant's confession and other corroborating evidence were overwhelming.
• Fretwell v. A.L. Lockhart
  946 F.2d 571· 8th Cir.· 1991-09-23 ·cited 12×
  The dissenting judge argues that the majority erred in finding ineffective assistance of counsel and in ordering resentencing to life imprisonment.
• Harris v. Champion
  938 F.2d 1062· 10th Cir.· 1991-06-17 ·cited 12×·via Habeas Corpus Proceedings
  The court modified its previous order to delete the requirement that two specific cases be consolidated, but reaffirmed its prior opinion regarding the investigation of constitutional allegations concerning the provision of appellate counsel to indigent defendants.
• United States v. Lane
  926 F.2d 694· 7th Cir.· 1991-03-08 ·cited 12×
  The court held that defense counsel's failure to ensure an alibi witness's appearance at trial, despite diligent efforts to locate her, did not constitute constitutionally ineffective assistance of counsel.
• Harris v. Luckey
  918 F.2d 888· 11th Cir.· 1990-11-16 ·cited 12×
  The district court correctly applied the law of the case doctrine to deny a motion to dismiss based on new grounds not previously raised or ruled upon.
• Flores v. Meese
  934 F.2d 991· 9th Cir.· 1990-06-20 ·cited 12×·via Habeas Corpus Proceedings
  The dissent argues that the INS regulations unconstitutionally deprive detained alien minors of their liberty, as the majority erred in applying a deferential standard of review and narrowly defining the constitutional right at stake.
• Meadows v. Legursky
  904 F.2d 903· 4th Cir.· 1990-06-01 ·cited 12×·via Habeas Corpus Review
  The court affirmed the dismissal of Acord's petition, finding the state procedural bar adequate and independent, and reversed the grant of habeas relief to Meadows, remanding for dismissal due to failure to exhaust state remedies.
• Gamble v. Parsons
  898 F.2d 117· 10th Cir.· 1990-03-12 ·cited 12×
  A habeas petitioner can challenge a current sentence enhanced by a prior, allegedly unconstitutional conviction, even if the prior conviction's sentence has expired.
• Lavin T. Balfour v. Haws
  892 F.2d 556· 7th Cir.· 1989-12-22 ·cited 12×·via Habeas Corpus Review
  The court held that the petitioner's claims regarding competency, ineffective assistance of counsel, missing photographs, and insufficient evidence did not warrant habeas corpus relief.
• Ross v. Petsock George
  868 F.2d 639· 3d Cir.· 1989-02-28 ·cited 12×
  The court should remand the case to the district court for reconsideration of the ineffective assistance of counsel claim, as the district court failed to review the state record to determine if the claim was fairly presented.
• Stringer v. Jackson
  862 F.2d 1108· 5th Cir.· 1988-12-22 ·cited 12×·via Habeas Corpus Review
  The court held that the petitioner's claims of prosecutorial misconduct, erroneous jury instructions, and ineffective assistance of counsel were either procedurally barred or without merit, affirming the denial of the writ of habeas corpus.
• York v. Tate
  858 F.2d 322· 6th Cir.· 1988-09-28 ·cited 12×·via Habeas Corpus Review
  The Sixth Circuit held that the Ohio common law rule requiring circumstantial evidence to be irreconcilable with any reasonable theory of innocence should not be applied by federal courts in habeas corpus proceedings reviewing state criminal convictions. The federal constitutiona
• Giarratano v. Murray
  847 F.2d 1118· 4th Cir.· 1988-06-03 ·cited 12×·via Habeas Corpus Proceedings
  The court, in a concurring opinion, expresses doubt about the plaintiffs' standing to prosecute their case due to the consistent provision of counsel in state post-conviction proceedings.
• Walker v. J.O. Davis
  840 F.2d 834· 11th Cir.· 1988-03-23 ·cited 12×·via Habeas Corpus Review
  The court held that the prosecutor's conduct in acting as both witness and advocate, combined with the lack of overwhelming evidence, rendered the trial fundamentally unfair, thus meeting the standard for federal habeas review despite the procedural default.
• Ewing v. Rodgers
  826 F.2d 967· 10th Cir.· 1987-08-19 ·cited 12×·via Habeas Corpus Proceedings
  The court held that habeas corpus actions arising from criminal confinement are not 'civil actions' within the meaning of the Equal Access to Justice Act (EAJA), and thus attorney's fees cannot be awarded under it.
• Farese v. Story
  823 F.2d 975· 6th Cir.· 1987-07-21 ·cited 12×·via Federal Habeas Corpus Relief
  The court held that the Sentencing Reform Act's amendments do not apply retroactively to the petitioner's sentence and that the Act's provisions for parole determination are not yet effective for him.
• Earnest Lee Miller v. Dugger
  820 F.2d 1135· 11th Cir.· 1987-06-12 ·cited 12×
  The court reinstated its prior ruling in Miller v. Wainwright, finding that the Supreme Court's decision in Pennsylvania v. Ritchie supports the need for in camera review of grand jury testimony.
• Ortega v. O.L. McCOTTER
  808 F.2d 406· 5th Cir.· 1987-01-23 ·cited 12×·via Habeas Corpus Review
  The court held that while some prosecutorial remarks were improper, they did not render the trial so fundamentally unfair as to deny due process, and thus habeas corpus relief was not warranted.
• Burnett v. Municipality OF Anchorage
  806 F.2d 1447· 9th Cir.· 1986-12-30 ·cited 12×·via Federal Habeas Corpus Relief
  The court held that individuals arrested for DWI have no constitutional right to refuse a breathalyzer test, and criminalizing such refusal does not violate the Fourth or Fourteenth Amendments.
• Bermudez v. Smith
  797 F.2d 108· 2d Cir.· 1986-08-11 ·cited 12×·via Habeas Corpus Proceedings
  The court held that an order dismissing some but not all claims in a habeas corpus petition is not a final order and thus not immediately appealable.
• Norman v. O.L. McCOTTER
  765 F.2d 504· 5th Cir.· 1985-07-15 ·cited 12×·via Federal Habeas Corpus Relief
  The court held that while the district court erred in converting a motion to dismiss to summary judgment without notice, the error was harmless. The court affirmed the denial of the habeas corpus petition, finding no reversible error in the petitioner's claims.
• Riner v. Owens
  764 F.2d 1253· 7th Cir.· 1985-06-14 ·cited 12×
  The majority holds that the petitioner demonstrated sufficient cause and prejudice to overcome waiver of his Sixth Amendment claim. The dissenting judge would hold that the petitioner failed to demonstrate prejudice and thus the claim should be denied.
• Walker v. A.L. Lockhart
  763 F.2d 942· 8th Cir.· 1985-05-17 ·cited 12×
  The court held that newly discovered evidence, if credible enough for a jury, warrants a new trial, and that the trial judge's bias deprived the defendant of a fair trial.
• Ladell Spann v. Louie L. Wainwright
  742 F.2d 606· 11th Cir.· 1984-09-24 ·cited 12×
  A plea bargain standing alone, without being embodied in a court's judgment, does not create a due process right to specific enforcement.
• Watters v. Hubbard
  725 F.2d 381· 6th Cir.· 1984-01-16 ·cited 12×
  The court held that admitting psychiatrists' testimony reciting inculpatory statements violated the defendant's Fifth Amendment privilege against self-incrimination.
• Folston v. Allsbrook
  691 F.2d 184· 4th Cir.· 1982-09-27 ·cited 12×
  The court held that the district court did not err in denying a habeas corpus evidentiary hearing and in finding no constitutional error in the admission of evidence at the state trial.
• Ottway Barbee v. Ruth
  678 F.2d 634· 5th Cir.· 1982-06-18 ·cited 12×
  A guilty plea is valid even if the defendant is not informed that the sentence may run consecutively to a prior sentence.
• United States v. Daryls Foster Steed
  646 F.2d 136· 4th Cir.· 1981-04-09 ·cited 12×·via Habeas Corpus Review
  The court's reasoning and result are concurred with, but a distinction is made regarding the evidentiary standards applied in different contexts.
• Jewell Jess Stone v. Cardwell
  620 F.2d 212· 9th Cir.· 1980-05-30 ·cited 12×·via Habeas Corpus Review
  The federal district court's finding that a state prisoner's guilty plea was not knowingly and voluntarily made is not clearly erroneous and is therefore affirmed.
• Ogle v. Estelle
  592 F.2d 1264· 5th Cir.· 1979-04-10 ·cited 12×·via Federal Habeas Corpus Relief
  The court held that the petitioner had sufficiently exhausted state remedies for his federal habeas corpus claims, as the state appellate court had a fair opportunity to consider them.
• Eleuterio v. Louie L. Wainwright
  587 F.2d 194· 5th Cir.· 1979-01-02 ·cited 12×
  The court held that a refusal to sign a Miranda waiver form does not automatically invalidate a waiver, and that competent evidence of sanity existed to support the conviction.
• Martin v. Wyrick
  568 F.2d 583· 8th Cir.· 1978-01-03 ·cited 12×
  The Court held that the Faretta right to self-representation should not be applied retroactively to cases pending on direct appeal when Faretta was decided, as its purpose is not to enhance the reliability of the truth-determining process.
• United States v. Dansker
  561 F.2d 485· 3d Cir.· 1977-08-15 ·cited 12×
  The court held that the standards of Fed.R.App.P. 23 govern bail pending appeal for collateral attacks after direct appeal review is complete. The petition for rehearing en banc is denied.