Habeas Corpus

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

• Gunie Boyd Trimmings v. Henderson
  498 F.2d 86· 5th Cir.· 1974-07-31 ·cited 11×
  The court held that the parole board's computation of sentences, including the execution of a violator's warrant and credit for pre-sentence jail time, was proper.
• Armour v. Salisbury
  492 F.2d 1032· 6th Cir.· 1974-02-20 ·cited 11×
  The court held that a prosecutor's deliberately misleading statement to the jury that a key witness had nothing to gain from his testimony, when the witness had received favorable treatment (probation) in exchange for his testimony, violates due process. However, the court also h
• Burton v. Goodlett
  480 F.2d 983· 5th Cir.· 1973-07-11 ·cited 11×
  The court held that resentencing an indigent defendant to mandatory jail time, based on reasons known at the original sentencing, violates due process principles established in North Carolina v. Pearce and its progeny.
• Bailey Lee Sloan v. Louie L. Wainwright
  469 F.2d 390· 5th Cir.· 1972-11-15 ·cited 11×
  The court held that the petitioner's allegations, if true, entitle him to relief and an evidentiary hearing on his claims of coerced confession and ineffective assistance of counsel.
• Bohnert v. Brig. Gen. James Faulkner & Stanley Resor
  438 F.2d 747· 6th Cir.· 1971-02-16 ·cited 11×
  The court held that there was no basis in fact for the denial of the appellant's conscientious objector status and that he is entitled to a discharge.
• Miller v. Iverne R. Carter
  434 F.2d 824· 9th Cir.· 1970-10-09 ·cited 11×
  The dissenting judge would affirm the district court's denial of the petition for habeas corpus, finding that the petitioner's counsel deliberately waived objections as a matter of trial strategy.
• Brooks v. Smith
  429 F.2d 1281· 5th Cir.· 1970-07-06 ·cited 11×
  The court held that claims of illegal arrest and improper lineup were insufficient for habeas relief, but the denial of the inadequate counsel claim was vacated for further review.
• Hall v. Fla. State Dep't OF Pub. Welf. & Anne Curtwright
  226 So. 2d 39· Fla. 4th DCA· 1969-07-25 ·cited 11×
  Parents challenged a juvenile court order placing their minor children in permanent state custody by filing a habeas corpus petition rather than appealing. The Fourth District Court of Appeal affirmed the lower court's dismissal of the habeas corpus writ, holding that habeas corp
• Gale H. Johnson v. Bennett
  414 F.2d 50· 8th Cir.· 1969-07-17 ·cited 11×
• United States ex rel. James Morris Fletcher v. Maroney
  413 F.2d 16· 3d Cir.· 1969-07-08 ·cited 11×
  The court held that the appellant had exhausted his state remedies because his contentions had been presented to and considered by the state's highest court, satisfying the requirements for federal habeas corpus relief.
• Lessard v. Dickson
  394 F.2d 88· 9th Cir.· 1968-04-17 ·cited 11×
  The court affirmed the denial of the habeas corpus petition, finding that the state court's resolution of facts after a full hearing was reliable and that there was no suppression of evidence or deliberate bypassing of state procedures.
• Crawford v. Bounds
  395 F.2d 297· 4th Cir.· 1968-04-11 ·cited 11×
• Boulden v. Holman
  385 F.2d 102· 5th Cir.· 1967-11-03 ·cited 11×
  The court held that the totality of circumstances surrounding the appellant's confessions did not demonstrate a violation of his constitutional rights, and the district court's denial of the writ of habeas corpus was correct.
• Kibert v. Peyton
  383 F.2d 566· 4th Cir.· 1967-09-01 ·cited 11×
  The court held that the petitioner was not afforded due process because he was demonstrably incompetent to stand trial, and the lower courts erred in dismissing his habeas corpus petition without a hearing.
• Cervantes v. COX
  350 F.2d 855· 10th Cir.· 1965-09-15 ·cited 11×
  An accused's inability to communicate with counsel due to a language barrier does not automatically deny effective representation or a knowing plea.
• Manning v. State
  167 So. 2d 616· Fla. 1st DCA· 1964-09-17 ·cited 11×
  Frank Manning appeals the trial court's denial of his petition for relief under Criminal Procedure Rule No. 1, challenging his guilty plea conviction on eighteen counts. The appellate court affirmed the denial, finding that Manning's allegations fail to overcome the presumption o
• Ruiz v. United States
  328 F.2d 56· 9th Cir.· 1964-01-16 ·cited 11×
  The court held that a federal prisoner's habeas corpus application, filed in the sentencing court, should be treated as a motion under 28 U.S.C. § 2255, and that the prisoner's claims regarding self-incrimination, use of informers, entrapment, and conspiracy were conclusively sho
• Lotz v. Beryle C. Sacks
  292 F.2d 657· 6th Cir.· 1961-07-17 ·cited 11×
  The court held that the appellant's claims regarding an amended indictment, double jeopardy, jury separation, arrest in view of the jury, ineffective counsel, and prosecutorial misconduct were without merit and did not violate his constitutional guarantees.
• Stickney v. Ellis
  286 F.2d 755· 5th Cir.· 1961-02-09 ·cited 11×
  The court held that a federal habeas corpus court may accept a state court's determination of the voluntariness of a confession if there is no 'vital flaw' in the state proceedings, even without conducting a de novo hearing.
• Billie (William) Jones v. Cochran
  125 So. 2d 99· Fla.· 1960-12-07 ·cited 11×
  Billie Jones petitioned for habeas corpus, claiming denial of due process when he pleaded guilty to auto theft without court-appointed counsel. The Florida Supreme Court held that failure to appoint counsel in a non-capital case does not per se deny due process; instead, courts m
• United States ex rel. William Petersen v. la Vallee
  279 F.2d 396· 2d Cir.· 1960-06-01 ·cited 11×
  The court held that the appellant's confessions were not coerced as a matter of law, and the jury instructions regarding voluntariness were constitutionally adequate.
• Mott v. Cochran
  117 So. 2d 408· Fla.· 1960-01-20 ·cited 11×
  The court held that the petitioner's two-year sentence for forging and uttering a check under a specific 1959 amendment was excessive, as the offenses were misdemeanors under that amendment.
• Wilson v. Dixon
  256 F.2d 536· 9th Cir.· 1958-05-29 ·cited 11×
  The court held that it lacked jurisdiction to consider the appeal because the appellant failed to exhaust state remedies and did not establish valid 'next friend' standing.
• Bowman v. Alvis
  224 F.2d 275· 6th Cir.· 1955-06-10 ·cited 11×
  The court held that habeas corpus cannot be used to review alleged errors in the original trial, only the legality of confinement.
• United States ex rel. Mezei v. Shaughnessy
  195 F.2d 964· 2d Cir.· 1952-03-20 ·cited 11×
  An alien excluded from the United States cannot force admission even if no other country will accept him.
• Arthur Eugene Williams Alias Eugene Williams v. Mayo
  160 Fla. 169· Fla.· 1948-02-17 ·cited 11×
  This case involves a habeas corpus petition where the petitioner's factual situation was identical to a prior case, Scott v. Mayo. The court applied the precedent from Scott v. Mayo to deny discharge and instead remanded the petitioner for proper sentencing.
• United States ex rel. Hanson v. Ragen
  166 F.2d 608· 7th Cir.· 1948-02-17 ·cited 11×
  A writ of habeas corpus cannot be used to review a conviction when the petitioner deliberately waived appellate rights and the trial court had jurisdiction.
• Hawk v. Jones
  160 F.2d 807· 8th Cir.· 1947-04-18 ·cited 11×
  The court held that a federal court cannot grant habeas corpus relief until the petitioner has exhausted state remedies, including seeking relief via the writ of error coram nobis in Nebraska courts.
• Thompson v. Baker
  154 Fla. 303· Fla.· 1944-03-21 ·cited 11×
  The court held that an unnecessary affidavit cannot invalidate a valid indictment for extradition purposes.
• Conley v. COX
  138 F.2d 786· 8th Cir.· 1943-12-13 ·cited 11×
  A habeas corpus petition alleging coercion by a federal officer into pleading guilty raises an issue requiring a hearing, even if the story seems fantastic.
• Ex parte: Harvey Wilson
  153 Fla. 459· Fla.· 1943-07-30 ·cited 11×
  Harvey Wilson petitioned for habeas corpus challenging his conviction for armed robbery. The Florida Supreme Court held that the jury verdict was defective because it found him guilty of armed robbery with no intent to kill or maim, a legal impossibility under Florida law, and th
• State v. Stone
  128 Fla. 637· Fla.· 1937-06-16 ·cited 11×
  A prisoner detained under a capias issued on an information for resisting a deputy sheriff/municipal police officer seeks habeas corpus relief. The Florida Supreme Court held that the statute prohibiting obstruction of officers applies only to sheriffs, deputy sheriffs, constable
• State v. Abel J. Roberts
  126 Fla. 114· Fla.· 1936-11-02 ·cited 11×
  Florida Supreme Court held that state Chapter 17257, Acts of 1935 is the exclusive law governing licensing of slot machines and coin-operated devices, preempting Jacksonville's attempt to impose an independent municipal license tax. The petitioner was unlawfully detained for refu
• State v. Coleman
  121 Fla. 13· Fla.· 1935-09-25 ·cited 11×
  This case addresses whether an unauthorized alteration of a criminal information after it has been filed invalidates the charge and entitles the defendant to release. The court held that such an alteration vitiates the information, preventing further prosecution.
• Rogers v. Cunningham
  117 Fla. 760· Fla.· 1934-12-28 ·cited 11×
  Rogers sought habeas corpus discharge after arrest for operating a truck with an attached four-wheel vehicle exceeding weight limits. The Florida Supreme Court held that the attached vehicle was a four-wheel trailer, not a semi-trailer under state law, and therefore the weight re
• Jarvis v. Chapman
  118 Fla. 577· Fla.· 1934-12-26 ·cited 11×
  Martin F. Jarvis was convicted of first-degree murder and sentenced to death in Florida. On appeal, this case addresses whether alleged omissions from the certified copy of the conviction record delivered to the Governor violated statutory requirements or his constitutional right
• Alfonzo Gomez v. Spencer
  113 Fla. 220· Fla.· 1933-12-08 ·cited 11×
  Gomez was arrested under a capias based on an information filed in 1928 for assault with intent to murder. He sought habeas corpus relief claiming the information was never properly filed in court records and thus prosecution was barred by the two-year statute of limitations. The
• Laubenheimer v. Factor
  61 F.2d 626· 7th Cir.· 1932-10-15 ·cited 11×
  The court reversed the district court's order discharging the petitioner on habeas corpus, holding that the district court erred in treating the question of whether the charged offense was a crime in Illinois as a question of fact. Federal courts must take judicial notice of stat
• State v. Allen
  82 Fla. 149· Fla.· 1921-07-29 ·cited 11×
  This case concerns the effect of a supersedeas on a prisoner held under a writ of habeas corpus. The court clarifies that a supersedeas, when granted, means the prisoner is held under the supersedeas bond, not the original capias, pending appeal.
• Turner v. Sec'y, Dep't of Corr.
  991 F.3d 1208· 11th Cir.· 2021-03-25 ·cited 10×
  The Eleventh Circuit affirmed the district court's dismissal of the habeas petition, holding that the district court did not err in sua sponte determining the petition was untimely based on the petitioner's own admissions and provided dates, and that the petitioner had an opportu
• Paez v. Sec'y, Fla. Dep't OF Corr.
  931 F.3d 1304· 11th Cir.· 2019-07-31 ·cited 10×
  A district court abuses its discretion by sua sponte dismissing a habeas petition as untimely without first ordering the State to respond, even if the court properly took judicial notice of state court dockets.
• Jimenez v. Jones
  261 So. 3d 502· Fla.· 2018-12-12 ·cited 10×
  A constitutional amendment removing a prohibition on retroactive application of criminal statutes does not itself require the Legislature to apply amended statutes retroactively, nor does it entitle a death-row inmate to relief when his conviction and sentence were final years be
• Rafael v. Crews
  154 So. 3d 505· Fla. 4th DCA· 2015-01-07 ·cited 10×
  The trial court should have dismissed the petition for a writ of habeas corpus as unauthorized, rather than transferring it, because the issues raised could have been or were addressed in prior appeals or post-conviction motions.
• Kormondy v. State
  154 So. 3d 341· Fla.· 2015-01-05 ·cited 10×
  Johnny Shane Kormondy, under a death sentence for the 1993 murder of Gary McAdams, filed a successive motion for post-conviction relief claiming newly discovered evidence that his co-defendant Curtis Buffkin was the actual shooter. The Florida Supreme Court affirmed the trial cou
• McLEAN v. State
  147 So. 3d 504· Fla.· 2014-06-19 ·cited 10×
  Derrick McLean appeals the denial of his post-conviction motion and habeas petition following his conviction for the 2004 first-degree murder of 15-year-old Jahvon Thompson and death sentence. The Florida Supreme Court affirmed the denial of all post-conviction claims and rejecte
• Preston v. Sheriff David GEE
  133 So. 3d 1218· Fla. 2d DCA· 2014-03-14 ·cited 10×
  Preston petitioned for habeas corpus challenging a no-bond detention order entered at his first appearance on armed robbery charges. The Florida Second District Court of Appeal granted the petition, holding that the criminal report affidavit submitted was legally insufficient und
• Anderson v. State
  93 So. 3d 1201· Fla. 1st DCA· 2012-08-09 ·cited 10×
  Andrew Anderson appeals an involuntary civil commitment order under the Jimmy Ryce Act, challenging the trial court's jurisdiction and claiming violation of the mandatory 30-day trial requirement. The court affirmed the commitment order, finding that Anderson and his counsel acti
• Poff v. State
  41 So. 3d 1062· Fla. 3d DCA· 2010-08-11 ·cited 10×
  Thomas Poff petitioned for a writ of habeas corpus seeking relief from a trial court's denial of post-conviction relief based on newly discovered evidence. The Florida District Court of Appeal affirmed the denial, finding the petition successive and procedurally barred, and rejec
• Brinson v. State
  988 So. 2d 665· Fla. 3d DCA· 2008-07-23 ·cited 10×
  The Eleventh Judicial Circuit lacked jurisdiction to consider Brinson's habeas petition challenging his sentence, requiring him to seek relief in the Sixth Judicial Circuit.
• Harris v. State
  12 So. 3d 764· Fla. 3d DCA· 2008-07-09 ·cited 10×
  Harris petitioned for habeas corpus relief, claiming his prior appellate decision constituted manifest injustice and disparate treatment of co-defendants. The court rejected his habeas petition, finding that inconsistent decisions in separate, unrelated cases do not constitute di