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

• Keel v. United States
  585 F.2d 110· 5th Cir.· 1978-11-30 ·cited 72×
  The court affirmed the denial of the petitioner's motion, finding the government met its burden of proving the Rule 11 noncompliance was not a material factor in the petitioner's guilty plea.
• Sanford Thomas v. Wyrick
  535 F.2d 407· 8th Cir.· 1976-04-28 ·cited 72×
  The dissenting judge believes the majority erred in reversing the district court's denial of the habeas corpus petition, finding the possibility of prejudice too speculative.
• Brown v. Lundgren
  528 F.2d 1050· 5th Cir.· 1976-03-18 ·cited 72×
  A federal court's judicial review of a parole release decision is narrowly limited, and habeas corpus is not available unless the prisoner demonstrates that the parole board's action is so unlawful as to make his custody illegal.
• Stewart v. Beto
  454 F.2d 268· 5th Cir.· 1971-10-01 ·cited 72×
  The court held that an appeal in a state prisoner habeas corpus case cannot proceed without a certificate of probable cause, and the district court must first rule on the application for such a certificate.
• Hernandez v. Beto
  443 F.2d 634· 5th Cir.· 1971-04-15 ·cited 72×
  A defendant's counsel's belief that a motion for change of attire would be frivolous does not constitute a voluntary waiver of the right to object to being tried in jail clothes.
• Cleveland Colson v. Lamont Smith
  438 F.2d 1075· 5th Cir.· 1971-01-21 ·cited 72×
  A voluntary guilty plea waives non-jurisdictional defects, but a plea induced by ineffective assistance of counsel is involuntary and can be challenged. Statistical evidence of racial disparity in grand jury selection can establish a prima facie case of discrimination.
• Nelson v. People OF the State OF Cal.
  346 F.2d 73· 9th Cir.· 1965-05-26 ·cited 72×
  The court held that a habeas petitioner is bound by his counsel's deliberate strategic decision to bypass state procedural rules, even if the petitioner disagreed with the decision, absent bad faith or incompetence.
• State of Fla. ex rel. Richard W. Ervin v. Smith
  160 So. 2d 518· Fla.· 1964-01-10 ·cited 72×
  The timely filing of a notice of appeal is an absolute jurisdictional prerequisite that cannot be waived, even if the delay was caused by prison officials.
• Helton v. State
  106 So. 2d 79· Fla.· 1958-10-29 ·cited 72×
  C. H. Helton, convicted in 1944 at age 16 of breaking and entering with intent to commit a misdemeanor, was sentenced in 1957 after the trial judge had suspended sentence for twelve years. The Florida Supreme Court held that the indefinite suspension of sentence was illegal under
• United States v. Sturm
  180 F.2d 413· 7th Cir.· 1950-03-07 ·cited 72×·via Writ Of Habeas Corpus
  A voluntary guilty plea, entered with the advice of competent counsel, waives all non-jurisdictional defects, including alleged constitutional violations that did not causally lead to the conviction.
• Rase v. United States
  129 F.2d 204· 6th Cir.· 1942-06-29 ·cited 72×
  A registrant's classification by a draft board is final and not subject to judicial review unless the hearing was unfair or the decision was arbitrary and capricious.
• The State of Fla. ex rel. Harlis Sellers v. Parker
  87 Fla. 181· Fla.· 1924-02-21 ·cited 72×
  Harlis Sellers was convicted in Jacksonville Municipal Court of driving under the influence in violation of a city ordinance and sentenced to 30 days imprisonment. On habeas corpus, the Florida Supreme Court upheld the conviction and sentence, rejecting constitutional challenges
• State v. Vestel
  81 Fla. 625· Fla.· 1921-04-25 ·cited 72×
  The Florida Supreme Court upheld a conviction for failure to pay a municipal license tax imposed under a 1911 statute, rejecting a constitutional challenge that the act violated the single-subject rule by including license tax provisions when the title referenced only property ta
• Terance Valentine v. State
  98 So. 3d 44· Fla.· 2012-05-17 ·cited 71×
  Terance Valentine appeals the denial of his Rule 3.850 motion to vacate his first-degree murder conviction and death sentence for killing Ferdinand Porche in 1988, and petitions for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial of all postconvic
• Smith v. J.D. White
  815 F.2d 1401· 11th Cir.· 1987-05-01 ·cited 71×
  The court held that the evidence was sufficient to support the convictions and that the petitioner did not receive ineffective assistance of counsel or make involuntary statements.
• Levis Leon Aldrich v. Louie L. Wainwright
  777 F.2d 630· 11th Cir.· 1985-11-19 ·cited 71×·via Habeas Corpus Review
  The dissenting judge held that the petitioner was denied effective assistance of counsel because his counsel's lack of preparation and trial errors prejudiced him, creating a reasonable probability of a different outcome.
• Davis v. State OF Ala.
  596 F.2d 1214· 5th Cir.· 1979-06-13 ·cited 71×
  The court held that defense attorneys' failure to investigate and develop potential insanity defense evidence constituted ineffective assistance of counsel.
• Sandstrom v. Leader
  370 So. 2d 3· Fla.· 1979-03-22 ·cited 71×
  The Florida Supreme Court reversed a circuit court's decision striking down section 400.17(2)(a), which criminalizes the solicitation, offer, or receipt of bribes in connection with nursing home services. The Court held that the statute is not unconstitutionally vague because it
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• State v. Merritt
  86 Fla. 164· Fla.· 1923-07-14 ·cited 71×
  This case reviews a petitioner's appeal of a habeas corpus denial. The appellate court affirmed the lower court's decision because the bill of exceptions, which contained the evidence and proceedings from the hearing, was not properly certified within the required timeframe after
• Gore v. State
  964 So. 2d 1257· Fla.· 2007-07-05 ·cited 70×·via Writ Of Habeas Corpus
  David Alan Gore challenges his death sentence for the 1983 murder of Lynn Elliott through a post-conviction motion and habeas petition. The Florida Supreme Court affirms the denial of post-conviction relief, rejecting claims of prosecutorial misconduct, ineffective assistance of
• Lawrence v. State
  831 So. 2d 121· Fla.· 2002-10-17 ·cited 70×·via Writ Of Habeas Corpus
  Gary Lawrence, a death row inmate, appeals the denial of his Rule 3.850 postconviction motion and habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding that Lawrence's claims of ineffective assistance of counsel and appellate couns
• United States v. Lara
  905 F.2d 599· 2d Cir.· 1990-05-30 ·cited 70×
  The court held that extreme vulnerability of a defendant to prison victimization, due to personal characteristics not adequately considered by the Sentencing Commission, is a proper ground for a downward departure from the Sentencing Guidelines range.
• Adamson v. Ricketts
  865 F.2d 1011· 9th Cir.· 1988-12-22 ·cited 70×
• Amos Lee King, Jr. v. State
  514 So. 2d 354· Fla.· 1987-09-24 ·cited 70×
  Amos Lee King, Jr. appeals his death sentence imposed after resentencing ordered by the Eleventh Circuit due to ineffective assistance of counsel at the penalty phase. The Florida Supreme Court affirms the death sentence, addressing King's claims regarding jury composition, evide
• Prado McGEE, Jr. v. W.J. Estelle, Jr.
  722 F.2d 1206· 5th Cir.· 1984-01-16 ·cited 70×
  The state may waive the statutory requirement that a federal habeas corpus applicant exhaust state remedies, and failure to raise the non-exhaustion defense at the proper time constitutes an implicit waiver.
• Wiley v. Sowders
  647 F.2d 642· 6th Cir.· 1981-04-24 ·cited 70×
  A criminal defendant is deprived of effective assistance of counsel when their attorney admits the client's guilt to the jury without first obtaining the client's consent to this strategy.
• Smith v. Estelle
  602 F.2d 694· 5th Cir.· 1979-09-13 ·cited 70×
  The court held that the use of a psychiatrist's testimony, obtained through a surprise examination and without advising the defendant of his right to remain silent, violated the defendant's constitutional rights in a capital sentencing proceeding.
• United States ex rel. Charles Clark v. Fike
  538 F.2d 750· 7th Cir.· 1976-07-13 ·cited 70×
  The court held that the petitioner's claims of prosecutorial misconduct and improper identification procedures did not rise to the level of constitutional error denying a fair trial.
• McCRAY v. Burrell
  516 F.2d 357· 4th Cir.· 1975-04-10 ·cited 70×·via Federal Habeas Corpus
  The court held that the appellate court cannot discard a district judge's inferences, which are part of the findings of fact. The court also discussed the evolving doctrine of exhaustion of administrative remedies in prisoner § 1983 cases.
• Cuthrell v. Dir., Patuxent Inst.
  475 F.2d 1364· 4th Cir.· 1973-04-06 ·cited 70×
  The Court held that the failure to advise a defendant of the possibility of commitment to Patuxent Institution for evaluation and treatment under the Maryland Defective Delinquent Act does not render a guilty plea involuntary, as such a consequence is collateral, not direct.
• Blair v. The People OF the State OF Cal.
  340 F.2d 741· 9th Cir.· 1965-01-06 ·cited 70×
  A state prisoner must exhaust state remedies for issues arising from new Supreme Court decisions before seeking federal habeas corpus relief.
• Digirogio v. Digirogio
  153 Fla. 24· Fla.· 1943-05-18 ·cited 70×
  A mother sought custody of her six-year-old son via habeas corpus based on a separation agreement with the child's father. The trial court, emphasizing the parents' California residence, awarded custody to the mother without hearing evidence on the material issues of parental fit
• Henyard v. State
  992 So. 2d 120· Fla.· 2008-09-10 ·cited 69×
  Richard Henyard appeals orders denying his Rule 3.851 motions to vacate death sentences for murders committed in 1993 when he was 18 years old. The Florida Supreme Court affirmed the trial court's denials, finding Henyard's claims procedurally barred or lacking merit, including c
• Freund v. Butterworth
  165 F.3d 839· 11th Cir.· 1999-01-22 ·cited 69×·via Habeas Corpus Petition
  John Freund was convicted of first-degree murder for stabbing Ralph Walker to death in 1984 and sentenced to life imprisonment. Freund challenged his conviction on habeas corpus, alleging that his trial counsel at the law firm Foley, Colton and Duncan labored under conflicts of i
• Medina v. Dugger
  586 So. 2d 317· Fla.· 1991-08-22 ·cited 69×·via Writ Of Habeas Corpus
  Pedro Medina, a death row inmate, petitioned for a writ of habeas corpus challenging his murder conviction and death sentence. The Florida Supreme Court denied the petition, finding that most issues were procedurally barred because they had been raised or could have been raised o
• United States v. Miller
  910 F.2d 1321· 6th Cir.· 1990-08-10 ·cited 69×
  The court is bound by circuit precedent to affirm the district court's application of the Sentencing Guidelines' relevant conduct provisions.
• Bertolotti v. Dugger
  883 F.2d 1503· 11th Cir.· 1989-08-31 ·cited 69×
  The court held that the district court did not abuse its discretion in denying an evidentiary hearing on the ineffective assistance of counsel claim, and that counsel's performance was not deficient under the Sixth Amendment.
• Zuck v. State OF Ala.
  588 F.2d 436· 5th Cir.· 1979-01-24 ·cited 69×
  The court held that a defendant's trial counsel's representation of the prosecutor in an unrelated civil matter created an unwaived conflict of interest, rendering the trial fundamentally unfair and violating the defendant's right to effective assistance of counsel.
• Conover v. Honorable Frank M. Montemuro, Jr.
  477 F.2d 1073· 3d Cir.· 1972-12-20 ·cited 69×
  The court reinstated prior panel opinions, excluding portions on judicial immunity in § 1983 injunctive relief suits, and declined to rule on the issue.
• Stump v. Bennett
  398 F.2d 111· 8th Cir.· 1968-06-27 ·cited 69×
• United States ex rel. Almeida v. Baldi
  195 F.2d 815· 3d Cir.· 1952-03-27 ·cited 69×
  The deliberate suppression of evidence vital to the defense in a capital case constitutes a violation of due process, vitiating the proceedings.
• State of Fla. ex rel v. Chase
  91 Fla. 413· Fla.· 1926-03-02 ·cited 69×
  The Florida Supreme Court reversed a habeas corpus denial and ordered the release of a fugitive sought for extradition by Missouri, holding that an executive extradition warrant must clearly show on its face that the supporting affidavit was made before a magistrate as required b
• State of Fla. ex rel. Alexander J. Airston v. Bollinger
  88 Fla. 123· Fla.· 1924-07-02 ·cited 69×
  The Florida Supreme Court reversed a trial court's award of child custody to the paternal grandparents, holding that an alleged informal agreement between the father and grandparents to transfer custody was unenforceable as against public policy. The court ruled that a parent can
• Ex Parte
  86 Fla. 145· Fla.· 1923-07-11 ·cited 69×
  E.B. McDaniel sought habeas corpus relief to obtain bail pending disposition of his assault with intent to commit murder charge. The Florida Supreme Court held that a defendant has a constitutional right to bail in non-capital cases, and that prior bond forfeitures due to failure
• Lukehart v. State
  70 So. 3d 503· Fla.· 2011-06-23 ·cited 68×·via Writ Of Habeas Corpus
  Andrew Lukehart was convicted of first-degree murder for killing a five-month-old infant and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence in this postconviction appeal and habeas petition, rejecting numerous claims of ineffective assist
• Everett v. State
  54 So. 3d 464· Fla.· 2010-10-14 ·cited 68×
  Paul Everett appeals the denial of his motion for postconviction relief and habeas corpus petition in a death penalty case for the 2001 murder, sexual battery, and burglary of Kelly M. Bailey. The Florida Supreme Court affirmed the conviction and death sentence, rejecting all cla
• Sweet v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  467 F.3d 1311· 11th Cir.· 2006-10-23 ·cited 68×·via Federal Habeas Corpus
  William Earl Sweet, convicted of first-degree murder and sentenced to death for a 1990 shooting that killed one person and wounded three others, appealed the dismissal of his federal habeas petition as untimely under the Anti-Terrorism and Effective Death Penalty Act (AEDPA). Swe
• Patton v. State
  878 So. 2d 368· Fla.· 2004-05-20 ·cited 68×
  Robert Patton appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus review following his conviction for first-degree murder and death sentence in the 1981 shooting death of a Miami police officer. The Florida Supreme C
• Johnson v. Singletary
  938 F.2d 1166· 11th Cir.· 1991-07-25 ·cited 68×
  Marvin Edwin Johnson, a Florida death row inmate, appealed the district court's denial of his second federal habeas corpus petition challenging his death sentence for a 1978 pharmacy robbery and murder. The panel majority had concluded Johnson was entitled to an evidentiary heari