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

• Swafford v. Dugger
  569 So. 2d 1264· Fla.· 1990-11-14 ·cited 68×
  Roy Swafford, a death row inmate, petitioned for habeas corpus and appealed the denial of his postconviction motion, raising claims of ineffective assistance of counsel, Brady violations, improper victim impact evidence, and instructional error. The Florida Supreme Court rejected
• Adams v. Dugger
  816 F.2d 1493· 11th Cir.· 1987-04-23 ·cited 68×
  The court held that the district court abused its discretion by finding the petitioner's Caldwell claim procedurally barred, as the legal basis for the claim was not reasonably available at the time of the petitioner's procedural default.
• Peek v. Kemp
  784 F.2d 1479· 11th Cir.· 1986-03-05 ·cited 68×
  The court held that the trial court did not commit constitutional error by failing to personally question a juror before excusing him due to illness, nor by failing to instruct the jury to begin deliberations anew after substituting an alternate juror. The court also found that t
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Anderson v. Maggio
  555 F.2d 447· 5th Cir.· 1977-07-05 ·cited 68×
  The court held that the state trial court's admission of photographs for identification and the admission of a gun into evidence did not violate due process, and that newly discovered evidence and insufficiency of evidence are not grounds for federal habeas corpus relief unless t
• Davis v. Estelle
  529 F.2d 437· 5th Cir.· 1976-03-24 ·cited 68×
  A prior conviction obtained without counsel at sentencing, where probation was a real probability, cannot be used for mandatory sentence enhancement under Texas law.
• Brown v. Craven
  424 F.2d 1166· 9th Cir.· 1970-04-16 ·cited 68×
• Higgins v. Louie L. Wainwright
  424 F.2d 177· 5th Cir.· 1970-03-25 ·cited 68×·via Writ Of Habeas Corpus
  The court held that the district court properly denied the habeas corpus petition without an evidentiary hearing.
• Word v. State OF N.C.
  406 F.2d 352· 4th Cir.· 1969-01-15 ·cited 68×
  The dissent argues that under 28 U.S.C.A. § 2241 and controlling precedent like Ahrens v. Clark, habeas corpus jurisdiction is limited to the district where the petitioner is physically present and in custody.
• United States ex rel. Lorenzo Catanzaro v. Mancusi
  404 F.2d 296· 2d Cir.· 1968-12-02 ·cited 68×
  The court held that the denial of the writ of habeas corpus was proper because the confessions were voluntary, the search was not illegal, and the eyewitness's perjury did not violate due process.
• Harried v. United States
  389 F.2d 281· D.C. Cir.· 1967-11-30 ·cited 68×
• Dodd v. United States
  321 F.2d 240· 9th Cir.· 1963-07-29 ·cited 68×
  The court held that a district judge must hold a hearing to determine if a federal prisoner intentionally relinquished his right to appeal, and if not, whether he suffered prejudice from the failure to secure appellate review.
• Jones v. Huff
  152 F.2d 14· D.C. Cir.· 1945-11-26 ·cited 68×
  The court held that the allegations in the petition, if true, demonstrate that the petitioner was denied a fair trial and that the lower court erred in denying a hearing.
• State v. York
  90 Fla. 625· Fla.· 1925-11-28 ·cited 68×
  The Florida Supreme Court upheld a Tampa city ordinance prohibiting taxicab stands within two blocks of Franklin Street, rejecting a habeas corpus challenge that the ordinance exceeded municipal regulatory power and violated equal protection. The court held that regulating the lo
• Middleton v. Dugger
  849 F.2d 491· 11th Cir.· 1988-06-22 ·cited 67×·via Habeas Corpus Relief
  The court held that the petitioner received ineffective assistance of counsel at his sentencing, entitling him to a new sentencing proceeding.
• Tolbert Dickson v. Louie L. Wainwright
  683 F.2d 348· 11th Cir.· 1982-08-16 ·cited 67×
  The court held that while sufficiency of evidence and evidentiary/prosecutorial misconduct claims were properly denied, the claim of ineffective assistance of counsel regarding pretrial preparation warranted further inquiry.
• Meadows v. Lon Evans
  550 F.2d 345· 5th Cir.· 1977-04-08 ·cited 67×
  The court held that a federal civil rights action for damages under 42 U.S.C. § 1983 cannot be used to relitigate the voluntariness of a guilty plea that has already been affirmed on direct appeal and denied on collateral attack in state court. The exhaustion requirement of 28 U.
• Haworth v. Chapman
  113 Fla. 591· Fla.· 1933-06-08 ·cited 67×
  Joe Haworth challenges the constitutionality of a fraud statute under which he was convicted and sentenced, arguing that the penalty provision is so indefinite and uncertain as to render the statute void. The Florida Supreme Court upholds the conviction, finding that the Legislat
• Ex parte Guiseppe Gilletti
  70 Fla. 442· Fla.· 1915-12-08 ·cited 67×
  This case concerns a habeas corpus petition filed by aliens challenging their arrest for failing to pay a license fee to take oysters from Florida's waters. The court held that the statute requiring the license was constitutional and properly related to the act's title, and that
• Ex parte Powell
  70 Fla. 363· Fla.· 1915-11-18 ·cited 67×
  Thomas Powell challenged his detention under Florida's 1915 salt water fishing regulation statute, alleging it violated state and federal constitutional provisions. The Florida Supreme Court upheld the statute, finding the state has sovereign authority to regulate fishing in publ
• McCUTCHEON v. State
  44 So. 3d 156· Fla. 4th DCA· 2010-08-18 ·cited 66×
  Rodney McCutcheon, a serial postconviction filer with at least 50 cases in this court since his 1972 sexual battery conviction, appeals the denial of five consolidated postconviction motions and habeas corpus petitions challenging various convictions and the jurisdiction of state
• Quince v. State
  732 So. 2d 1059· Fla.· 1999-04-08 ·cited 66×
  Kenneth Quince, sentenced to death for first-degree felony murder and burglary, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his trial counsel Howard Pearl had an undisclosed conflict of interest due to his concurrent servi
• Cleo Douglas LeCROY v. Dugger
  727 So. 2d 236· Fla.· 1998-12-24 ·cited 66×
  Cleo LeCroy, convicted of two murders committed during a 1981 robbery and sentenced to death, appeals the denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus. The Florida Supreme Court affirms the denial of post-convicti
• Downs v. State
  572 So. 2d 895· Fla.· 1990-09-20 ·cited 66×·via Habeas Corpus Relief
  Ernest Charles Downs was convicted of first-degree murder and conspiracy in 1977 and sentenced to death. After this Court granted relief based on a substantial change in law (Hitchcock v. Dugger), Downs was resentenced in 1989, and the trial court reimposed the death sentence fol
• Harmon v. Barton
  894 F.2d 1268· 11th Cir.· 1990-02-20 ·cited 66×
  A state court's per curiam affirmance of a lower court's decision explicitly based on procedural default constitutes a clear and express statement of reliance on an independent and adequate state ground, barring federal habeas review.
• Johnson v. State
  536 So. 2d 1009· Fla.· 1988-12-01 ·cited 66×
  Johnson, convicted of first-degree murder and sentenced to death in 1979, appealed the trial court's denial of his Rule 3.850 postconviction motion as untimely filed. The Florida Supreme Court affirmed the denial, holding that Johnson's motion filed in April 1988 violated the two
• Dominque v. Telb
  831 F.2d 673· 6th Cir.· 1987-10-23 ·cited 66×·via Writ Of Habeas Corpus
  The court held that the district court erred in placing the burden on the defendant to prove entitlement to qualified immunity and in treating the legal question of whether the law was clearly established as a material issue of fact.
• McCRAE v. State
  510 So. 2d 874· Fla.· 1987-06-18 ·cited 66×·via Habeas Corpus Petition
  James McCrae appeals the denial of his Rule 3.850 post-conviction relief motion following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms the denial of most ineffective assistance of counsel claims but reverses and remands for resenten
• Quinn v. Robinson
  783 F.2d 776· 9th Cir.· 1986-02-18 ·cited 66×
  The court held that the offenses charged against Quinn were extraditable, and the political offense exception did not apply.
• Bashor v. Risley
  730 F.2d 1228· 9th Cir.· 1984-02-07 ·cited 66×
  The court held that the trial court's refusal to grant a change of venue denied the petitioner due process of law.
• Dobbert v. Strickland
  718 F.2d 1518· 11th Cir.· 1983-10-19 ·cited 66×
  The court affirmed the denial of habeas corpus relief, holding that the petitioner's claims lacked constitutional merit or were procedurally barred.
• Ross v. Hopper
  716 F.2d 1528· 11th Cir.· 1983-10-03 ·cited 66×
  The court affirmed the denial of federal habeas corpus relief, finding that the death penalty was not disproportionate, the state did not knowingly use perjured testimony, and evidentiary hearings were not required for the claims raised.
• Tejeda-Mata v. Immigr. & Naturalization Serv.
  626 F.2d 721· 9th Cir.· 1980-08-29 ·cited 66×
  The denial of an interpreter in a deportation proceeding, which prevents an alien from understanding the proceedings, is a fundamental due process violation that cannot be reviewed for harmless error and was indeed harmful in this case.
• United States ex rel. George Hart v. Davenport
  478 F.2d 203· 3d Cir.· 1973-04-27 ·cited 66×
  Joint representation of co-defendants with conflicting interests, without an on-the-record inquiry by the court, constitutes ineffective assistance of counsel violating the Sixth Amendment, even if the attorney was privately retained.
• Davis v. Attorney General of the United States
  425 F.2d 238· 5th Cir.· 1970-04-28 ·cited 66×
  The court held that facts alleged by the appellant, if proven, entitle him to credit on his federal sentence for time spent in state custody due to a federal detainer. The denial of the habeas petition is affirmed.
• Rubin F. Needel v. Palmer C. Scafati
  412 F.2d 761· 1st Cir.· 1969-03-20 ·cited 66×
  The federal court erred in granting a writ of habeas corpus because the petitioner failed to exhaust state remedies by not presenting all relevant evidence and arguments to the state courts first. The state courts must be given the opportunity to rule on the complete record.
• Bryans v. Blackwell
  387 F.2d 764· 5th Cir.· 1967-12-20 ·cited 66×
  The court held that while prisoners sentenced before September 20, 1966, should receive credit for time served, the presumption that credit was given applies when the sentence imposed is less than the statutory maximum.
• United States ex rel. James Rogers v. Warden OF Attica State Prison
  381 F.2d 209· 2d Cir.· 1967-06-15 ·cited 66×
  The court granted the petition for rehearing, rescinded its previous order, and remanded the case to the District Court to determine if the magistrate had sufficient information to find probable cause for the warrant.
• Cooper v. Holman
  356 F.2d 82· 5th Cir.· 1966-01-31 ·cited 66×
  The court held that the record was inadequate to show that the defendant's guilty plea was voluntary, given the illegal confession and plea bargain.
• Whippler v. Balkcom
  342 F.2d 388· 5th Cir.· 1965-03-03 ·cited 66×
  A state prisoner is not required to pursue state remedies if Georgia law is settled against post-conviction review of newly raised constitutional claims.
• United States v. Sabella
  272 F.2d 206· 2d Cir.· 1959-11-13 ·cited 66×
  The court held that defendants were placed in jeopardy by their initial conviction, even though the sentence was unlawful, and therefore could not be prosecuted again for the same offense.
• Daugharty v. Gladden
  257 F.2d 750· 9th Cir.· 1958-06-20 ·cited 66×
  The court held that the dismissal of Daugharty's state appeal due to his inability to afford a transcript violated the Equal Protection Clause of the Fourteenth Amendment, and thus he had exhausted his state remedies.
• United States v. Bradford
  194 F.2d 197· 2d Cir.· 1952-01-24 ·cited 66×·via Habeas Corpus Jurisdiction
• United States ex rel. Feeley v. Ragen
  166 F.2d 976· 7th Cir.· 1948-03-01 ·cited 66×
  The court held that the relator was not denied due process or equal protection, as he was represented by counsel of his choice and lawfully confined under the armed robbery statute, rendering the constitutionality of the Habitual Criminal Act irrelevant.
• Mansfield v. Sec'y, Dep't OF Corr., Attorney Gen. of the State of Fla.
  679 F.3d 1301· 11th Cir.· 2012-05-09 ·cited 65×
  Scott Mansfield was convicted of first-degree murder and sentenced to death for the brutal killing of Sara Robles. The Florida Supreme Court on direct appeal found that the admission of a videotaped custodial interrogation without Miranda warnings was constitutional error but con
• Jimenez v. Fla. Dep't OF Corr.
  481 F.3d 1337· 11th Cir.· 2007-03-23 ·cited 65×
  Jose Jimenez, a death-row inmate, sought a certificate of appealability to appeal the district court's denial of his federal habeas corpus petition challenging his 1994 murder conviction. The Eleventh Circuit denied the COA application, finding that Jimenez failed to exhaust stat
• United States v. Keane
  852 F.2d 199· 7th Cir.· 1988-07-05 ·cited 65×
  A petition for a writ of error coram nobis requires more than just the return of a fine; the petitioner must demonstrate lingering civil disabilities and that the indictment stated an offense, even if the legal theory has since changed.
• Douglas v. Louie L. Wainwright
  714 F.2d 1532· 11th Cir.· 1983-09-19 ·cited 65×·via Habeas Corpus Relief
  The court held that the trial court's exclusion of the general public during the testimony of the key eyewitness violated the defendant's Sixth Amendment right to a public trial, as the presence of the press alone was insufficient to satisfy the purposes of the public trial guara
• Sullivan v. Louie L. Wainwright
  695 F.2d 1306· 11th Cir.· 1983-01-17 ·cited 65×
  The concurring judge believes the majority misapplied Sykes by deciding the cause prong on the merits without a factual determination.
• Bradbury v. Louie L. Wainwright
  658 F.2d 1083· 5th Cir.· 1981-10-15 ·cited 65×
  A guilty plea is valid if the defendant understands the potential consequences, even if they were unaware of specific plea bargain details or the precise qualifications of an appointed medical examiner, as long as there was no misrepresentation.