Habeas Corpus

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

• Inglis v. Eli Rymer
  113 Fla. 732· Fla.· 1934-01-12 ·cited 12×
  The Florida Supreme Court reviewed an ordinance by the City of Vero Beach that prohibited the operation of skating rinks where any admission or skate rental fee was charged. The court found the ordinance unreasonable and an unwarranted interference with lawful business, thus void
• Amos v. Chapman
  108 Fla. 360· Fla.· 1933-02-21 ·cited 12×
  Jim Amos petitioned for habeas corpus challenging his conviction under Florida's larceny statute, arguing the indictment failed to allege ownership of the stolen property or that the owner's identity was unknown. The Florida Supreme Court held that while the indictment was techni
• State v. Hardie
  108 Fla. 437· Fla.· 1933-02-16 ·cited 12×
  Edgar Bennett Davis petitioned the Florida Supreme Court for a writ of habeas corpus after being committed to jail for contempt of court for failure to pay alimony. The Court denied the petition, holding that a Circuit Court's judgment in a prior habeas corpus proceeding is res a
• Ex parte Chesser
  93 Fla. 590· Fla.· 1927-01-01 ·cited 12×
  Rufus Chesser was convicted of first-degree murder and sentenced to death. After exhausting direct appeals, he sought a stay of execution based on claims of post-conviction insanity. The Florida Supreme Court held that inquiries into a convict's sanity after judgment are collater
• Taylor v. Abel J. Roberts
  84 Fla. 654· Fla.· 1922-12-12 ·cited 12×
  Samuel C. Taylor challenged his conviction for violating Jacksonville's traffic ordinances, arguing the City Council lacked authority to enact them and that empowering the Chief of Police to enforce parking restrictions constituted an unlawful delegation of legislative power. The
• Ex parte Vickery
  51 Fla. 141· Fla.· 1906-01-01 ·cited 12×
  In this habeas corpus petition, the Florida Supreme Court upheld the jurisdiction of the Criminal Court of Record to try Vickery for manslaughter after his original murder conviction was reversed on appeal. The court clarified that a guilty verdict on a lesser included offense op
• Rigdon v. State
  41 Fla. 308· Fla.· 1899-01-01 ·cited 12×
  The Florida Supreme Court held that defendants indicted for capital offenses must produce all evidence in the case, including the State's testimony, to demonstrate that the proof is not evident and the presumption not great in order to obtain bail. The court affirmed the circuit
• Jackson v. State
  33 Fla. 620· Fla.· 1894-01-01 ·cited 12×
  William Jackson challenged his conviction by a justice of the peace for larceny via habeas corpus, arguing that justices of the peace lack trial jurisdiction in counties with Criminal Courts of Record. The Florida Supreme Court held that Criminal Courts of Record have exclusive o
• Tyler v. Painter
  16 Fla. 144· Fla.· 1877-01-01 ·cited 12×
  The Florida Supreme Court dismissed an appeal from a habeas corpus proceeding, holding that a writ of error, not an appeal, is the exclusive method for reviewing such judgments.
• Pula v. Dixon
  578 So. 2d 1115· Fla. 1st DCA· 2024-11-13 ·cited 11×
  Wayne Allen Pula appeals the trial court's denial of his habeas corpus petition seeking release from a life sentence for second-degree murder imposed in 1989. The appellate court affirmed the trial court's order and found the appeal frivolous, referring Pula to the Department of
• Nance v. Comm'r, Ga. Dep't of Corr.
  59 F.4th 1149· 11th Cir.· 2023-01-30 ·cited 11×
  The court held that the prisoner's as-applied challenge to his execution method was timely because the limitations period began when the facts supporting his claim became apparent, and he stated a plausible Eighth Amendment claim regarding the effects of gabapentin on sedation, b
• Lavoris Johnson v. State
  226 So. 3d 908· Fla. 4th DCA· 2017-08-23 ·cited 11×
  Johnson petitioned for habeas corpus alleging ineffective assistance of appellate counsel for failing to raise a motion to suppress issue on direct appeal. Because Johnson's co-defendant Sanchez received relief on the identical suppression issue, the court granted the petition to
• Dane Patrick Abdool v. State
  220 So. 3d 1106· Fla.· 2017-04-06 ·cited 11×
  Dane Patrick Abdool appeals the denial of his motion to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirms the conviction and denial of postconviction guilt-phase claims but vacates the death sentence and remands for a new penalty phas
• Branton v. State
  187 So. 3d 382· Fla. 5th DCA· 2016-03-18 ·cited 11×
  Donald Branton sought habeas corpus relief based on ineffective assistance of appellate counsel, arguing that his appellate attorney failed to raise a fundamental error committed during his 2013 resentencing hearing. The trial court improperly refused to consider evidence of Bran
• Jean-Elie Charlemagne v. Marydell Guevara
  183 So. 3d 1261· Fla. 3d DCA· 2016-01-27 ·cited 11×
  The appellate court held that the trial court erred in issuing an alias capias warrant and estreating bond when the defendant had waived his presence at a pretrial conference and was not clearly advised that his presence was required.
• Lucious Boyd v. State
  200 So. 3d 685· Fla.· 2015-12-17 ·cited 11×
  Lucious Boyd, a death-row inmate convicted of first-degree murder, sexual battery, and armed kidnapping, challenged his conviction and sentence through a Rule 3.851 postconviction motion and habeas petition. The Florida Supreme Court affirmed the trial court's denial of relief, f
• Hampton v. State
  178 So. 3d 921· Fla. 5th DCA· 2015-11-06 ·cited 11×
  The court held that appellate counsel was ineffective for failing to raise the fundamental sentencing error of the trial court considering the defendant's apparent perjury when determining the sentence.
• Hardwick v. Sec'y, Fla. Dep't OF Corr.
  803 F.3d 541· 11th Cir.· 2015-09-18 ·cited 11×
  John Gary Hardwick, Jr. was convicted of first-degree murder in 1986 and sentenced to death after a penalty phase in which his trial counsel presented no mitigating evidence. In Hardwick v. Crosby (Hardwick III), the Eleventh Circuit determined that Hardwick was entitled to an ev
• Mathews v. Crews
  132 So. 3d 776· Fla.· 2014-01-23 ·cited 11×
  A writ of mandamus is not an appropriate vehicle to seek review of an allegedly erroneous decision by a lower court, nor can it be used to circumvent constitutional restrictions on appellate jurisdiction.
• Butler v. State
  100 So. 3d 638· Fla.· 2012-07-12 ·cited 11×
  Harry Lee Butler was convicted of first-degree murder and sentenced to death for killing his former girlfriend Leslie Fleming in 1997. The Florida Supreme Court affirmed his direct appeal conviction in 2003. On appeal of the denial of his post-conviction motion under Rule 3.851 a
• Fails v. State
  46 So. 3d 1032· Fla. 1st DCA· 2010-09-13 ·cited 11×
  Anthony Fails sought habeas corpus relief challenging his 2004 sexual battery conviction, but the court dismissed the petition as raising claims that could have been raised on direct appeal. After Fails filed 16 unsuccessful prior challenges to the same conviction, the court impo
• McNEIL v. COX
  997 So. 2d 343· Fla.· 2008-12-04 ·cited 11×
  The Florida Supreme Court held that Schmidt v. Crusoe's exemption from the prisoner indigency statute applies to all gain time actions where, if successful, the inmate's time in prison would be directly affected, not merely those involving forfeited gain time. The Court answered
• Rogers v. State
  966 So. 2d 490· Fla. 1st DCA· 2007-10-15 ·cited 11×
  Michael Rogers sought habeas corpus relief challenging a $500,000 bail amount in a capital sexual battery case, arguing it was excessive and effectively no bail. The court denied the petition, holding that without competent evidence of Rogers' financial circumstances presented at
• Roth v. Crosby
  884 So. 2d 407· Fla. 2d DCA· 2004-09-24 ·cited 11×
  Joseph Henry Roth, a prison inmate, challenged his presumptive parole release date set by the Florida Parole and Probation Commission through a habeas corpus petition in circuit court. The court of appeal affirmed the circuit court's denial of the petition, holding that the prope
• Stewart v. Crosby
  880 So. 2d 529· Fla.· 2004-05-13 ·cited 11×
  Kenneth Stewart petitions for a writ of habeas corpus challenging his death sentence for first-degree felony murder and related crimes. The Florida Supreme Court denies the petition, holding that Florida's capital sentencing scheme is constitutional under Ring and Apprendi, and t
• Tywaun Jackson v. State
  802 So. 2d 1213· Fla. 2d DCA· 2002-01-09 ·cited 11×
  Jackson, a person civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act, petitioned for habeas corpus or mandamus relief claiming the Department failed to provide required annual mental examinations, written notice of release rights, and judicial review.
• Parker v. State
  780 So. 2d 210· Fla. 4th DCA· 2001-02-07 ·cited 11×
  Thomas Parker challenges the revocation of his pretrial release and detention under Florida Statute § 903.0471, which allows courts to revoke pretrial release and order detention upon finding probable cause that a defendant committed a new crime while on release. The Fourth Distr
• Clemon Lewis, Jr. v. Moore
  753 So. 2d 1242· Fla.· 2000-02-17 ·cited 11×
  Control release credits are a type of gain time and may be forfeited upon supervision revocation, even for offenses committed before the control release program's effective date, if the releasee accepted placement on the program.
• King v. State
  695 So. 2d 1299· Fla. 4th DCA· 1997-06-25 ·cited 11×
• Alves v. Barnett Mortg. Co. & J.J. Kislak Mortg. Corp.
  688 So. 2d 459· Fla. 4th DCA· 1997-03-05 ·cited 11×
  The court did not explicitly state a holding on the merits, but the concurring opinion expresses agreement with the majority's decision on the merits.
• Betancourt v. Manning
  679 So. 2d 83· Fla. 3d DCA· 1996-09-18 ·cited 11×
• Stephenson v. State
  655 So. 2d 86· Fla.· 1995-05-04 ·cited 11×
  A district court of appeal does not have the authority to grant a belated appeal in a criminal case when trial counsel's neglect caused an untimely notice of appeal.
• Occhicone v. Singletary
  618 So. 2d 730· Fla.· 1993-04-08 ·cited 11×
  The appellate court affirmed the conviction for possession of cocaine and drug paraphernalia but reversed the disposition imposed by the trial court.
• Moore v. Dugger
  613 So. 2d 571· Fla. 1st DCA· 1993-02-08 ·cited 11×
  Florida appellate court affirmed summary denial of habeas corpus petition because prisoner failed to allege exhaustion of administrative remedies, despite stating sufficient facts for due process and Eighth Amendment claims.
• Lashley v. Armontrout
  957 F.2d 1495· 8th Cir.· 1992-03-04 ·cited 11×
  The court held that the state trial judge's refusal to give a mitigating circumstance instruction, despite the lack of supporting evidence, violated the Eighth Amendment as explained in Lockett.
• Toro v. Warden J.W. Fairman & Attorney Gen. of the State of Ill.
  940 F.2d 1065· 7th Cir.· 1991-08-19 ·cited 11×
  The court held that although counsel's performance was ineffective, the appellant failed to demonstrate prejudice from the ineffective assistance, thus the denial of the habeas petition is affirmed.
• Johnson v. Dugger
  932 F.2d 1360· 11th Cir.· 1991-05-22 ·cited 11×
  The court held that the district court properly dismissed petitioner's claims as an abuse of the writ, affirming the denial of habeas corpus relief.
• McQUEARY v. Blodgett
  924 F.2d 829· 9th Cir.· 1991-01-10 ·cited 11×
  The court held that the appellant's claims under the due process clause, equal protection clause, and the eighth amendment do not state cognizable federal claims.
• Kordenbrock v. Scroggy
  919 F.2d 1091· 6th Cir.· 1990-11-21 ·cited 11×
  The admission of the appellant's confession, obtained in violation of Miranda rights, was harmless error for both the liability and sentencing phases of the trial. The appellant was not deprived of his constitutional right to psychiatric assistance, and the jury instructions rega
• Rose v. Lane
  910 F.2d 400· 7th Cir.· 1990-08-06 ·cited 11×
  The court held that the jury instructions violated due process and were not harmless error, thus reversing the denial of the writ of habeas corpus.
• Squires v. Dugger
  564 So. 2d 1074· Fla.· 1990-07-05 ·cited 11×
  William Michael Squires, convicted of murder and sentenced to death, petitioned for habeas corpus relief and a stay of execution. The Florida Supreme Court rejected all eleven claims raised in the petition, finding most procedurally barred because they were not raised on direct a
• Lenea v. Lane
  882 F.2d 1171· 7th Cir.· 1989-08-11 ·cited 11×
  Polygraph test results are admissible in prison disciplinary proceedings, but reliance solely on such results without other evidence does not constitute 'some evidence' required for a finding of guilt, thus violating due process. Officials are entitled to qualified immunity for a
• Leverett v. Spears
  877 F.2d 921· 11th Cir.· 1989-07-19 ·cited 11×
  The court affirmed the dismissal of the habeas corpus petition, finding no constitutional error in the jury instructions, hearsay admission, or character evidence presented at trial.
• Fitzpatrick v. McCORMICK
  869 F.2d 1247· 9th Cir.· 1989-03-07 ·cited 11×
  The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest and that his death sentence for deliberate homicide violated the Double Jeopardy Clause.
• Redman v. Dugger
  866 F.2d 387· 11th Cir.· 1989-02-21 ·cited 11×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations on the merits, despite disagreeing with the procedural bar finding on one claim.
• Neuschafer v. Harol Whitley
  860 F.2d 1470· 9th Cir.· 1988-11-03 ·cited 11×
  The court ultimately concurs with the majority's decision, despite prior reservations.
• Hindman v. Bischoff
  534 So. 2d 743· Fla. 2d DCA· 1988-11-02 ·cited 11×
  A consent to adoption, freely and voluntarily given, is irrevocable unless obtained by fraud or duress.
• Gwynn v. Orange Cnty. Bd. OF Cnty. Comm'rs
  527 So. 2d 866· Fla. 5th DCA· 1988-06-16 ·cited 11×
  Gwynn appeals the denial of his habeas corpus petition challenging his detention in county jail for consecutive misdemeanor sentences totaling over one year. The Fifth District affirms, holding that section 922.051 applies only to felony convictions and provides no statutory auth
• Austin v. State
  527 So. 2d 867· Fla. 1st DCA· 1988-06-16 ·cited 11×
  Aaron Austin appealed the denial of his post-conviction motion for relief based on ineffective assistance of counsel. The appellate court affirmed the trial court's dismissal, finding that Austin's motion was untimely filed more than two years after his judgment and sentence beca
• Percival M. Marshall v. Dugger
  526 So. 2d 143· Fla. 3d DCA· 1988-05-17 ·cited 11×
  Marshall challenges his conviction and 330-year sentence (three armed robbery convictions) by alleging ineffective assistance of appellate counsel for failing to raise various errors. The court denies the habeas petition but sua sponte remands on sentencing issues, finding the st