Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Johnson v. State
  273 So. 3d 1029· Fla. 3d DCA· 2019-01-23 ·cited 13×
  Demetrius Tony Johnson petitioned for a writ of habeas corpus challenging his 1997 conviction for armed robbery, attempted second-degree murder, and burglary with assault and battery while armed. After decades of successive and repetitive post-conviction filings, the court denied
• Patrick v. State
  246 So. 3d 253· Fla.· 2018-06-14 ·cited 13×
  Eric Kurt Patrick, a capital defendant whose death sentence became final in 2013, appeals the denial of his Rule 3.851 postconviction motion and petitions for a writ of habeas corpus. The Florida Supreme Court grants the habeas petition based on Hurst v. Florida, vacates the deat
• Knight v. State
  211 So. 3d 1· Fla.· 2016-12-15 ·cited 13×
  Ronald Knight, convicted of first-degree murder and sentenced to death, appealed the denial of his postconviction motion to vacate his conviction and sentence filed under Florida Rule of Criminal Procedure 3.850, and petitioned for a writ of habeas corpus. The Florida Supreme Cou
• Avery Corbitt v. State
  220 So. 3d 446· Fla. 5th DCA· 2016-11-10 ·cited 13×
  Avery Corbitt petitions for habeas corpus relief, challenging the trial court's sentencing comments that he failed to express remorse or take responsibility for his crimes, arguing these statements violated his constitutional rights to remain silent and trial by jury. The Fifth D
• In re Hill
  777 F.3d 1214· 11th Cir.· 2015-01-26 ·cited 13×
  The dissenting judge argued that two important questions regarding the survival of the Sawyer exception post-AEDPA and the retroactivity of Hall v. Florida should be certified to the Supreme Court. The dissent contended that Hall represents a paradigm shift, undermining prior rul
• Smith v. State
  126 So. 3d 1038· Fla.· 2013-09-12 ·cited 13×
  Stephen Smith, convicted and sentenced to death for murdering correctional officer Darla Lathrem during a 2003 prison escape attempt, appealed the denial of his motion to vacate his sentence under Florida's postconviction relief rule and filed a habeas petition. The Florida Supre
• Gisi v. State
  119 So. 3d 534· Fla. 5th DCA· 2013-08-16 ·cited 13×
  Michael Gisi appealed the denial of his habeas corpus petition challenging a defect in the information for one of his convictions—specifically, a variance in the offense date between the information and verdict form. The Fifth District Court of Appeal dismissed the appeal due to
• Wendall Hall v. State
  94 So. 3d 655· Fla. 1st DCA· 2012-08-08 ·cited 13×
  The court held that the trial court correctly dismissed the appellant's petition for a writ of habeas corpus, affirming the dismissal and imposing sanctions for a frivolous appeal.
• Henry v. Runner O. Santana
  62 So. 3d 1122· Fla.· 2011-04-28 ·cited 13×
  The Florida Supreme Court held that a trial court may not sua sponte dismiss a habeas corpus petition seeking immediate release based on the petitioner's failure to allege exhaustion of administrative remedies when no party has raised that issue. The decision resolves a conflict
• Ginsberg v. Ryan
  60 So. 3d 475· Fla. 3d DCA· 2011-04-14 ·cited 13×
  Barry Ginsberg petitioned for a writ of habeas corpus challenging his pretrial detention without bond after violating conditions of his monitored release. The Florida Third District Court of Appeal granted the petition, holding that while a defendant forfeits his original bond up
• B.M. v. Dobuler
  979 So. 2d 308· Fla. 3d DCA· 2008-03-19 ·cited 13×
  A 14-year-old juvenile petitioned for habeas corpus after being placed in secure detention pending disposition of a probation violation. The Third District Court of Appeal held that the trial court's summary detention order violated Florida law because it lacked the required risk
• Alexander v. Grady Judd
  930 So. 2d 847· Fla. 2d DCA· 2006-06-14 ·cited 13×
  Amber Alexander petitioned for a writ of habeas corpus challenging her no-bond status in two Polk County criminal cases. The Florida District Court of Appeal clarified that while a trial court may revoke pretrial release in pending charges under Parker v. State when a defendant c
• Sullivan v. Fla. Parole Comm'n
  920 So. 2d 106· Fla. 2d DCA· 2006-01-20 ·cited 13×
  The court held that the circuit court should have transferred the petition to the proper venue rather than dismissing it.
• Franco v. State
  901 So. 2d 901· Fla. 4th DCA· 2005-04-20 ·cited 13×
  Franco petitioned for a writ of habeas corpus claiming appellate counsel was ineffective for failing to raise fundamental error regarding jury instructions on justifiable and excusable homicide. The Fourth District held that fundamental error did not occur because the jury was fu
• Washington v. State
  835 So. 2d 1083· Fla.· 2002-11-14 ·cited 13×
  Anthony Neal Washington appeals the denial of his Rule 3.850 postconviction relief motion challenging his death sentence for the 1989 murder of Alice Berdat. The Florida Supreme Court affirmed the circuit court's denial, finding no ineffective assistance of counsel at either the
• Young v. Moore
  820 So. 2d 901· Fla.· 2002-05-30 ·cited 13×
  Chad Young petitioned for habeas corpus challenging the Department of Corrections' calculation of his gain time credits using a 1997 statute when he was sentenced under 1991 guidelines. The Florida Supreme Court denied the petition, holding that the gain time statute applicable a
• Stanley v. Moore
  744 So. 2d 1160· Fla. 1st DCA· 1999-11-01 ·cited 13×
  A prisoner appealed the dismissal of his petition for a writ of mandamus for failure to comply with indigency provisions. The court held that because the petition alleged facts potentially entitling him to immediate release, it should have been treated as a habeas corpus petition
• Doyle v. State
  615 So. 2d 278· Fla. 3d DCA· 1993-03-16 ·cited 13×
  A trial court lacks authority to order that a Florida sentence be served concurrently with a federal sentence; such an order is merely a recommendation, and the Department of Corrections has discretion over inmate placement under Florida Statutes section 921.16(2).
• Martinez v. Ylst
  951 F.2d 1153· 9th Cir.· 1991-12-24 ·cited 13×
  The court held that the state waived its right to argue that the trial court's error was not cognizable on federal habeas corpus, and that the error was not harmless beyond a reasonable doubt.
• Greenawalt v. Ricketts
  943 F.2d 1020· 9th Cir.· 1991-08-22 ·cited 13×
  The Court held that the new rule announced in Minnick v. Mississippi, regarding the inadmissibility of confessions obtained after a request for counsel, cannot be retroactively applied to cases on collateral review. The Court also held that the Enmund v. Florida rule regarding me
• Cannady v. Dugger
  931 F.2d 752· 11th Cir.· 1991-05-16 ·cited 13×
  The court held that subsequent statements made after the defendant requested an attorney were obtained in violation of his Fifth Amendment rights and should have been suppressed.
• Koskotas v. Roche
  931 F.2d 169· 1st Cir.· 1991-04-30 ·cited 13×
  The court affirmed the denial of habeas corpus relief, holding that the alleged financial crimes did not qualify for the political offense exception to extradition and that procedural irregularities did not violate due process.
• Jackson v. Dugger
  931 F.2d 712· 11th Cir.· 1991-04-29 ·cited 13×
  The court held that while the district court correctly denied relief on claims related to the convictions, it erred in finding the Hitchcock violation harmless regarding the death sentence.
• Jones v. State OF Ark.
  929 F.2d 375· 8th Cir.· 1991-03-27 ·cited 13×
  Sentencing a defendant under a habitual offender statute that was not in effect at the time of the offense and by its own terms does not apply to the defendant violates the ex post facto clause of the Constitution, denying due process.
• Tiller v. Esposito
  911 F.2d 575· 11th Cir.· 1990-09-10 ·cited 13×
  The court held that the state trial court violated Tiller's procedural due process rights by failing to hold a competency hearing when presented with substantial evidence of his mental incompetence.
• Glumb v. Honsted
  891 F.2d 872· 11th Cir.· 1990-01-09 ·cited 13×
  The court held that a defective hearing tape does not fatally flaw a parole revocation proceeding, and a written hearing summary is sufficient for review.
• Vargas v. United States Parole Comm'n
  865 F.2d 191· 9th Cir.· 1988-12-22 ·cited 13×
  The court held that the Commission violated regulations by failing to conduct the revocation hearing within the statutory time period, but affirmed the denial of the habeas petition on other grounds, remanding only the issue of notice.
• Louie Gattis v. Fla. Parole & Prob. Comm'n
  535 So. 2d 640· Fla. 1st DCA· 1988-12-15 ·cited 13×
  The court held that the statutes allowing the Parole Commission to consider a sentencing judge's objection to parole release and extend an inmate's presumptive parole release date do not violate the separation of powers or ex post facto clauses of the Florida Constitution.
• Davis v. Lansing
  851 F.2d 72· 2d Cir.· 1988-06-30 ·cited 13×
  The court held that federal courts should abstain from interfering with pending state criminal prosecutions absent a showing of great and immediate irreparable harm or prosecutorial bad faith.
• Rembert v. Dugger
  842 F.2d 301· 11th Cir.· 1988-04-15 ·cited 13×
  The court held that while the trial court erred in failing to instruct the jury on lesser included offenses, this error was rendered harmless by the imposition of a life sentence, thus denying habeas corpus relief.
• Washington v. Lane
  840 F.2d 443· 7th Cir.· 1988-02-09 ·cited 13×
  The court held that the petitioner forfeited federal habeas review of three of his four claims because he failed to present a federal constitutional claim in the state courts, and the remaining claim regarding a continuance for pre-trial publicity was properly denied on the merit
• Streetman v. Lynaugh
  835 F.2d 1519· 5th Cir.· 1988-01-06 ·cited 13×
  The court denied the application for a certificate of probable cause and a stay of execution, finding the claims either foreclosed by precedent, barred by procedural default, or previously denied.
• Lewis v. Lane
  832 F.2d 1446· 7th Cir.· 1987-11-04 ·cited 13×
  The court affirmed the district court's grant of habeas corpus vacating the death sentence due to ineffective assistance of counsel during the sentencing phase, but affirmed the denial of relief regarding the conviction.
• Zimmerlee v. J.C. Keeney
  831 F.2d 183· 9th Cir.· 1987-10-27 ·cited 13×
  The court held that the prisoner was denied due process in a prison disciplinary proceeding.
• Turner v. Compoy
  827 F.2d 526· 9th Cir.· 1987-09-03 ·cited 13×
  A state prisoner is presumed to have exhausted state remedies when the state's highest court denies a hearing without citation or comment, even if the state court has expressed a preference for habeas corpus review of certain claims.
• United States v. Cole
  813 F.2d 43· 3d Cir.· 1987-03-06 ·cited 13×
  A district court must make further inquiry into a defendant's competence to enter a guilty plea when informed of recent drug use, and failure to do so violates Rule 11.
• Alton D. Brown v. Louie L. Wainwright
  498 So. 2d 679· Fla. 1st DCA· 1986-12-15 ·cited 13×
  Brown appealed the denial of his habeas corpus petition challenging the calculation of his gain-time credits and release date across three consecutive sentences. The court affirmed the denial, holding that the petition lacked sufficient factual allegations and that habeas corpus
• Spillers v. A.L. Lockhart
  802 F.2d 1007· 8th Cir.· 1986-09-30 ·cited 13×
  The court held that the district court did not err in denying the petition for habeas corpus, as the appellant's claims were either conclusory, failed to demonstrate prejudice, or were barred from review.
• United States v. Bartlett
  794 F.2d 1285· 8th Cir.· 1986-06-20 ·cited 13×
  The court should not have affirmed the lower court's decision because the government's excessive preindictment delay caused substantial prejudice to the defendant's ability to present a defense.
• United States v. Flowers
  789 F.2d 569· 7th Cir.· 1986-04-25 ·cited 13×
  District courts cannot grant motions to withdraw filed by attorneys after judgment in criminal appeals or habeas corpus cases; such motions must be decided by the appellate court.
• Georgalis v. Dist. Attorney Donnie Dixon
  776 F.2d 261· 11th Cir.· 1985-11-13 ·cited 13×
  A federal court will not grant habeas corpus relief unless the petitioner has exhausted all available state remedies.
• Tucker v. Kemp
  776 F.2d 1487· 11th Cir.· 1985-11-07 ·cited 13×
  The court held that Tucker's trial counsel was not ineffective at sentencing and that the district court did not err in denying an evidentiary hearing.
• 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.
• Ivie Bowen v. Foltz
  763 F.2d 191· 6th Cir.· 1985-05-28 ·cited 13×
  The court held that appellate counsel's failure to raise the malice issue on appeal, despite controlling precedent, constituted ineffective assistance of counsel, requiring a grant of the writ of habeas corpus.
• Carter v. Procunier
  755 F.2d 1126· 5th Cir.· 1985-03-22 ·cited 13×
  The court held that the petitioner was 'in custody' for habeas corpus purposes and that his claim was not moot, as collateral consequences could still arise from the challenged conviction.
• Huffman v. Ricketts
  750 F.2d 798· 9th Cir.· 1984-12-28 ·cited 13×
  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
• Salome Bara Arnbjornsdottir-Mendler v. United States
  721 F.2d 679· 9th Cir.· 1983-12-08 ·cited 13×
  The court held that a valid extradition treaty exists between the U.S. and Iceland, and that potential maltreatment in the requesting country is a matter for the executive branch, not the judiciary.
• In re Extradition of Sven Ulf Ingemar Assarsson
  687 F.2d 1157· 8th Cir.· 1982-08-27 ·cited 13×
  The court affirmed the denial of habeas corpus relief, holding that the appellant was extraditable as the statute of limitations was tolled by his fugitive status and the treaty allows extradition for extraterritorial offenses at the executive's discretion.
• Hinman v. McCARTHY
  676 F.2d 343· 9th Cir.· 1982-02-16 ·cited 13×
  The court held that the use of federal magistrates to conduct evidentiary hearings and make recommendations in habeas corpus proceedings is constitutional, and that the admission of Hinman's statement, obtained in violation of Miranda, was not harmless error beyond a reasonable d
• Smith v. Louie Wainwright
  664 F.2d 1194· 11th Cir.· 1981-12-28 ·cited 13×
  The court held that the appellant's life sentence was not unlawfully imposed as punishment for exercising his Sixth Amendment right to a jury trial, and affirmed the denial of his habeas corpus petition.