Habeas Corpus

18,806 Florida cases classified under this topic, plus 3,119 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Willis v. Zant
  720 F.2d 1212· 11th Cir.· 1983-11-17 ·cited 76×
  The court held that the petitioner is entitled to an evidentiary hearing on his claims regarding the systematic exclusion of young adults from the jury venire and the prosecutor's historical practice of excluding black individuals from juries through peremptory challenges.
• Mason v. Balkcom
  669 F.2d 222· 5th Cir.· 1982-03-01 ·cited 76×
  The jury instruction impermissibly shifted the burden of proof of intent to the petitioner, and this error has not been shown to be harmless beyond a reasonable doubt.
• Campbell v. Anderson McGRUDER
  580 F.2d 521· D.C. Cir.· 1978-03-30 ·cited 76×
  The court held that the District Court's order was clearly erroneous because it was based on speculation and conjecture regarding the new jail's conditions and capacity, rather than substantial evidence.
• Williams v. Ward
  556 F.2d 1143· 2d Cir.· 1977-05-26 ·cited 76×
  The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
• United States ex rel. Joel Smith v. The Hon. Daniel McMANN
  417 F.2d 648· 2d Cir.· 1969-10-10 ·cited 76×
  The court held that the record already established the petitioner was deprived of his constitutional right to appeal due to not being informed of his right to appeal without cost and with appointed counsel.
• Whitus v. Balkcom
  333 F.2d 496· 5th Cir.· 1964-06-18 ·cited 76×
• Kanatser v. Chrysler Corp.
  199 F.2d 610· 10th Cir.· 1952-08-28 ·cited 76×·via Writ Of Habeas Corpus
• Odell v. Hudspeth
  189 F.2d 300· 10th Cir.· 1951-05-15 ·cited 76×
  The court held that the trial court did not err in denying the habeas corpus petition, as the alleged due process violations did not render the conviction void.
• State Ex Rel. Libtz v. Coleman
  5 So. 2d 60· Fla.· 1941-12-12 ·cited 76×
  The court considered whether a jail sentence, once begun, can be interrupted by the state without the convict's consent. The court held that a sentence cannot be stayed or interrupted without the convict's consent, as the convict has the right to serve their sentence continuously
• Spencer v. United States
  773 F.3d 1132· 11th Cir.· 2014-11-14 ·cited 75×
  The dissenting judges argue that an erroneous career offender designation, resulting in a significantly increased sentence, constitutes a fundamental defect and a miscarriage of justice cognizable under 28 U.S.C. § 2255, even if the sentence is below the statutory maximum and the
• Raulerson v. Louie L. Wainwright
  732 F.2d 803· 11th Cir.· 1984-05-01 ·cited 75×
  The court held that the trial court's failure to conduct a Faretta hearing after Raulerson's unequivocal assertion of his right to self-representation was an absolute denial of that right, not waived by subsequent conduct.
• O'Bryan v. W.J. Estelle, Jr.
  714 F.2d 365· 5th Cir.· 1983-08-26 ·cited 75×
  The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
• Krzeminski v. Perini
  614 F.2d 121· 6th Cir.· 1980-01-30 ·cited 75×
  The court held that while jury instructions contained constitutional errors, they were harmless beyond a reasonable doubt given the totality of the circumstances and the defendant's admissions.
• Thompson v. Louie L. Wainwright
  601 F.2d 768· 5th Cir.· 1979-08-27 ·cited 75×
• Wolfish v. Honorable Edward Levi
  573 F.2d 118· 2d Cir.· 1978-01-24 ·cited 75×
  The court held that while courts must ensure minimum constitutional standards, they should defer to prison administrators on matters of daily operation and avoid over-incursion into administrative discretion, especially concerning sentenced inmates.
• United States ex rel. Thomas Johnson v. Chairman OF NEW York State Bd. OF Parole & Comm'r of N.Y. State Dep't of Corr. Servs.
  500 F.2d 925· 2d Cir.· 1974-06-13 ·cited 75×
  The dissent argues that the prior ruling in Menechino v. Oswald, which denied due process rights in parole hearings, was not superseded by Morrissey v. Brewer and should still apply to deny a statement of reasons for parole denial.
• Huey R. LEE v. State OF Ala.
  386 F.2d 97· 5th Cir.· 1967-06-27 ·cited 75×
• Gaulden v. Kirk
  47 So. 2d 567· Fla.· 1950-07-07 ·cited 75×
  The Florida Supreme Court upheld the constitutionality of the Florida Revenue Act of 1949, a state sales tax on rentals. The court found the tax to be a valid excise tax on the privilege of engaging in business, not an unconstitutional property tax, and rejected claims that the a
• United States v. Grieme
  128 F.2d 811· 3d Cir.· 1942-06-09 ·cited 75×
  A registrant's claim that the draft board erred in classification is not a defense to a charge of willfully violating the Selective Service Act by refusing induction.
• Doorbal v. State
  983 So. 2d 464· Fla.· 2008-02-14 ·cited 74×·via Writ Of Habeas Corpus
  Noel Doorbal appeals the denial of his rule 3.851 motion to vacate convictions for two counts of first-degree murder and death sentences, and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, finding procedural defe
• State of Fla. ex rel. Robert A. Butterworth v. Kenny
  714 So. 2d 404· Fla.· 1998-04-23 ·cited 74×
  The Florida Supreme Court held that the Capital Collateral Regional Counsel (CCRC) lacks statutory authority to represent death row inmates in civil rights lawsuits challenging the means of execution, but is limited to traditional postconviction relief actions challenging the val
• Mills v. Dugger
  574 So. 2d 63· Fla.· 1990-11-08 ·cited 74×
  John Mills, a death row inmate, petitioned for habeas corpus relief challenging his murder conviction and death sentence on twelve grounds, including claims based on victim impact evidence and instructional errors. The Florida Supreme Court denied the petition, finding all issues
• Presnell v. Kemp
  835 F.2d 1567· 11th Cir.· 1988-01-11 ·cited 74×
  The court held that the cause and prejudice standard from Wainwright v. Sykes applies to claims barred by a state's successive petition rule, and the petitioner bears the burden of proving cause and prejudice.
• Sampson Armstrong v. Dugger
  833 F.2d 1430· 11th Cir.· 1987-11-23 ·cited 74×
  The court held that counsel's failure to investigate and present mitigating evidence constituted ineffective assistance, warranting habeas relief, but reversed the district court's finding of a due process violation based on the timing and length of the sentencing proceeding.
• Beauford White v. Dugger
  511 So. 2d 554· Fla.· 1987-08-20 ·cited 74×·via Writ Of Habeas Corpus
  Beauford White, facing execution, filed a last-minute habeas corpus petition raising constitutional challenges to his death sentence. The Florida Supreme Court denied relief, holding that the petition was procedurally barred under state rules and constituted an abuse of process.
• Adams v. Louie Wainwright
  804 F.2d 1526· 11th Cir.· 1986-11-13 ·cited 74×
  The court held that statements by the trial judge misleading the jury about their sentencing responsibility violated the Eighth Amendment under Caldwell v. Mississippi, and that this claim was not barred by procedural default or abuse of the writ due to a significant change in la
• Hall v. Louie L. Wainwright
  733 F.2d 766· 11th Cir.· 1984-05-16 ·cited 74×·via Federal Habeas Corpus
  The court held that a defendant may waive their right to be present at critical stages of a capital trial, and the specific circumstances of the defendant's absence during voir dire require further inquiry into knowing and voluntary waiver.
• Long v. Parker
  390 F.2d 816· 3d Cir.· 1968-02-16 ·cited 74×
  The court should affirm the district court's judgment, as the Bureau of Prisons has taken reasonable measures to accommodate the religious needs of Black Muslim inmates.
• Cappetta v. Louie L. Wainwright
  203 So. 2d 609· Fla.· 1967-11-08 ·cited 74×
  Nicholas Cappetta sought habeas corpus relief challenging his five-year sentences for breaking and entering, possessing burglary tools, and escape. The Florida Supreme Court rejected his claims of double jeopardy, inadequate counsel preparation time, and defects in grand jury ind
• Harvey v. State OF Miss.
  340 F.2d 263· 5th Cir.· 1965-01-12 ·cited 74×
  The Court held that the failure to advise a defendant of his right to counsel before accepting a guilty plea, even for a misdemeanor, violates due process and invalidates the conviction.
• Crowe v. United States
  175 F.2d 799· 4th Cir.· 1949-07-21 ·cited 74×
  The court held that the motion to vacate the sentence was properly denied because the grounds raised could have been addressed on direct appeal and were found to be untrue upon investigation.
• In re Whetstone
  137 Fla. 712· Fla.· 1939-05-09 ·cited 74×
  The Florida Supreme Court held that a natural mother of an illegitimate child is entitled to notice and an opportunity to be heard in adoption proceedings, even after the child has been committed to another party's custody through separate juvenile court proceedings. The Court re
• Pridgen v. Sweat
  125 Fla. 598· Fla.· 1936-06-30 ·cited 74×
  The Florida Supreme Court upheld a dental licensing statute requiring examination by a State Board of Dental Examiners, striking down only the clause permitting the Board to add examination subjects at its discretion as an unconstitutional delegation of legislative power, while l
• Ex-parte Charles D. Prince.-Habeas Corpus
  27 Fla. 196· Fla.· 1891-01-01 ·cited 74×
  This case concerns whether a writ of habeas corpus can be used to challenge an indictment for larceny of U.S. currency. The court held that habeas corpus is not a substitute for a demurrer or motion to quash and cannot be used to correct mere technical defects in an indictment if
• Knight v. Fla. Dep't of Corr.
  958 F.3d 1035· 11th Cir.· 2020-05-01 ·cited 73×·via Habeas Corpus Petition
  Ronald Knight, a death-sentenced Florida inmate, challenged his conviction on the grounds that his trial counsel provided ineffective assistance by failing to adequately investigate and present mitigating evidence at sentencing. The Eleventh Circuit affirmed the district court's
• Owen v. State
  862 So. 2d 687· Fla.· 2003-10-23 ·cited 73×·via Writ Of Habeas Corpus
  In this capital murder case, the Florida Supreme Court affirmed the death sentence of Duane Owen for the 1984 murder of fourteen-year-old Karen Slattery. This was Owen's second direct appeal for this conviction after his original 1990 conviction was reversed due to Miranda violat
• Cunningham v. Zant
  928 F.2d 1006· 11th Cir.· 1991-03-27 ·cited 73×
  The court held that the trial court's oral jury charge on mitigating circumstances during the sentencing phase was constitutionally deficient, warranting habeas relief, but found the jury charge on intent to be harmless error and the claim of ineffective assistance of counsel to
• Bastida v. Henderson
  487 F.2d 860· 5th Cir.· 1973-11-06 ·cited 73×
  The court held that the nine-day delay between the informant's tip and the issuance of the search warrant did not defeat probable cause, as the items sought (pistols) were not perishable and the magistrate's determination of probable cause is conclusive absent arbitrariness.
• Perkins v. Mayo
  92 So. 2d 641· Fla.· 1957-02-13 ·cited 73×
  Petitioner Perkins seeks habeas corpus relief from sentences imposed by Leon County Circuit Court, arguing they are illegal because they were imposed while he was adjudicated mentally incompetent and because one sentence was imposed for a different offense than charged. The Flori
• State ex rel. Mitchell v. Kelly
  71 So. 2d 887· Fla.· 1954-03-19 ·cited 73×
  Mitchell was held in contempt for refusing to answer grand jury questions about gambling conspiracy, invoking self-incrimination privilege. The Florida Supreme Court held that Florida's immunity statute (Section 932.29) applied to the investigation, granting Mitchell complete imm
• Wyatt v. State
  71 So. 3d 86· Fla.· 2011-07-08 ·cited 72×·via Writ Of Habeas Corpus
  Death penalty case in which a prisoner challenges his 1991 convictions and death sentences for a 1988 triple homicide at a Domino's Pizza restaurant. The Florida Supreme Court affirmed the lower court's denial of postconviction relief, rejecting claims based on discredited compar
• Anderson v. State
  18 So. 3d 501· Fla.· 2009-07-09 ·cited 72×
  Fred Anderson appeals the circuit court's denial of his rule 3.851 motion for postconviction relief and petitions for habeas corpus following his 1999 conviction and death sentence for murdering bank employee Heather Young during a robbery. The Florida Supreme Court affirmed the
• Owen v. State
  986 So. 2d 534· Fla.· 2008-05-08 ·cited 72×·via Writ Of Habeas Corpus
  Duane Eugene Owen appeals a circuit court's denial of his Rule 3.851 motion for postconviction relief in a capital murder case, arguing ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the denial, finding that Owen failed to establish eith
• Overton v. State
  976 So. 2d 536· Fla.· 2007-11-29 ·cited 72×
  Thomas Mitchell Overton was convicted of murdering Susan and Michael Macl­vor and sentenced to death. He sought postconviction relief challenging his conviction and sentence, including claims of ineffective assistance of counsel, Brady violations, and denial of DNA testing. The F
• Brown v. State
  894 So. 2d 137· Fla.· 2004-12-02 ·cited 72×·via Writ Of Habeas Corpus
  George Wallace Brown appeals the denial of his Rule 3.850 postconviction motion and habeas petition following his conviction for first-degree murder and armed robbery and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, rejecti
• Attwood v. Singletary
  661 So. 2d 1216· Fla.· 1995-10-26 ·cited 72×
  The court held that it has the inherent authority to prevent abuse of the judicial system by requiring pro se litigants to have their filings signed by a member of The Florida Bar.
• Ferguson v. Singletary
  632 So. 2d 53· Fla.· 1993-12-09 ·cited 72×·via Writ Of Habeas Corpus
  John Errol Ferguson, sentenced to death for eight murders, petitions for habeas corpus relief on four grounds: improper resentencing by substitute judge, vague jury instructions on heinous aggravator, involuntary medication during trial, and ineffective appellate counsel. The Flo
• Denhart v. Dugger
  567 So. 2d 1041· Fla. 1st DCA· 1990-10-10 ·cited 72×·via Writ Of Habeas Corpus
• Dickerson v. State OF Ala.
  667 F.2d 1364· 11th Cir.· 1982-02-16 ·cited 72×
  The court held that the denial of a continuance to secure an alibi witness, a police officer, violated the defendant's Sixth and Fourteenth Amendment rights to compulsory process.
• Potts v. Zant
  638 F.2d 727· 5th Cir.· 1981-02-17 ·cited 72×