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

• Passman v. Blackburn
  652 F.2d 559· 5th Cir.· 1981-08-06 ·cited 65×
  The court held that the petitioner's arrest lacked probable cause, but the identification testimony was not a fruit of the poisonous tree and the Sixth Amendment right to counsel had not attached at the time of the show-up identification. Several other grounds for relief were als
• Frank v. Blackburn
  646 F.2d 873· 5th Cir.· 1980-11-17 ·cited 65×
  A defendant cannot be punished for exercising their right to trial, but a longer sentence than offered in a rejected plea bargain does not automatically constitute such punishment.
• Hewett v. State OF N.C.
  415 F.2d 1316· 4th Cir.· 1969-08-28 ·cited 65×
  A bare possibility of adverse collateral consequences is enough to preserve the justiciability of litigation under mootness standards, even if the sentence has expired.
• Boyer v. City OF Orlando
  402 F.2d 966· 5th Cir.· 1968-10-18 ·cited 65×
  The court held that the federal district court erred in denying a writ of habeas corpus without requiring the petitioner to exhaust state remedies, and granted bail pending such exhaustion.
• State of Fla. ex rel. Fritz ARD v. Emmett Shelby
  97 So. 2d 631· Fla. 1st DCA· 1957-10-22 ·cited 65×
  Affidavits filed after the expiration of a probationary period are incompetent as a basis for revocation of probation. However, if the processes of the court were set in motion for revocation before the period expired, the court retains jurisdiction.
• Williams v. State
  156 Fla. 300· Fla.· 1945-07-20 ·cited 65×
  Henry Williams was convicted of murder based on circumstantial evidence and confessions obtained during extended police interrogation. The Florida Supreme Court split decision resulted in reversal on the grounds that the confession was involuntary and obtained in violation of bot
• Ex Parte
  100 Fla. 1· Fla.· 1930-06-14 ·cited 65×
  The Florida Supreme Court invalidated a Dunnellon municipal ordinance requiring a license tax on persons delivering merchandise by truck, because the ordinance's exemption for dairy, poultry, and farm products raised in Florida but not out-of-state products violated equal protect
• Crosley Alexander Green v. Sec'y, Dep't of Corr.
  28 F.4th 1089· 11th Cir.· 2022-03-14 ·cited 64×
  Crosley Green, a state prisoner convicted of murder, armed robbery, and kidnapping, petitioned for federal habeas corpus relief challenging his convictions on constitutional grounds. The Eleventh Circuit Court of Appeals affirmed the district court's denial of the writ, finding t
• Smith v. State
  931 So. 2d 790· Fla.· 2006-03-09 ·cited 64×·via Writ Of Habeas Corpus
  Derrick Smith, a death-sentenced inmate, challenged his conviction and sentence through a Rule 3.850 postconviction motion and habeas petition. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of Brady/Giglio violations, ineffective assistance of coun
• Provenzano v. Moore
  744 So. 2d 413· Fla.· 1999-09-24 ·cited 64×
  Execution by electrocution in Florida's electric chair as it presently functions does not constitute cruel or unusual punishment and therefore is not unconstitutional. Pain is the critical factor in evaluating methods of execution, and the record demonstrates that electrocution r
• Chatman v. Marquez
  754 F.2d 1531· 9th Cir.· 1985-03-08 ·cited 64×
  The court held that the application of a firearm enhancement to calculate parole dates under the Determinate Sentencing Law (DSL) does not violate ex post facto principles, as the DSL as a whole is more beneficial to the prisoner than the Indeterminate Sentencing Law (ISL).
• Fackelman v. Griffin B. Bell
  564 F.2d 734· 5th Cir.· 1977-12-15 ·cited 64×
  The district court did not abuse its discretion in denying the appellant's motion to set aside the judgment under Rule 60(b).
• Guss Maggitt v. Wyrick
  533 F.2d 383· 8th Cir.· 1976-04-07 ·cited 64×
  The court held that the exclusion of evidence of the decedent's prior armed robbery conviction and the prosecutor's improper closing argument did not rise to the level of constitutional error warranting federal habeas corpus relief.
• Hart v. Ira M. Coiner
  483 F.2d 136· 4th Cir.· 1973-07-13 ·cited 64×
  The dissenting judge would reverse the denial of habeas relief based on ineffective assistance of counsel in a prior conviction used for habitual offender sentencing.
• Carpenter v. Sigler
  419 F.2d 169· 8th Cir.· 1969-12-23 ·cited 64×
  The court held that the initial stop of the petitioner's vehicle, the subsequent request for a passenger to exit the car, and the eventual arrest and search were all constitutionally permissible under the Fourth Amendment.
• Rhodes v. Meyer
  334 F.2d 709· 8th Cir.· 1964-08-05 ·cited 64×
  The court held that the prior judgment in Rhodes v. Houston was res judicata as to claims and parties previously litigated, and that stare decisis applied to new defendants based on the established legal principles regarding judicial and official immunity.
• Milton v. Cochran
  147 So. 2d 137· Fla.· 1962-10-17 ·cited 64×
  George Milton was convicted of murdering his wife after confessing following police interrogation. On habeas corpus, he challenged the confession as coerced due to prolonged interrogation, solitary confinement, and unreasonable delay in presenting him before a magistrate, but the
• Chavez v. Dickson
  280 F.2d 727· 9th Cir.· 1960-06-16 ·cited 64×
  The court held that the state court's construction of California Penal Code sections did not deprive appellants of federal rights, and that the district court did not err in denying relief on most grounds, but must remand for a hearing on the accuracy of transcribed statements us
• Winfred Overholser v. Leach
  257 F.2d 667· D.C. Cir.· 1958-07-10 ·cited 64×
  The court held that an individual found not guilty by reason of insanity and committed to a mental institution failed to meet the statutory burden for release when evidence showed he remained dangerous to the community.
• State v. McCarthy
  126 Fla. 433· Fla.· 1936-12-10 ·cited 64×
  The Florida Supreme Court upheld Miami's parking meter ordinance against constitutional challenge, holding that municipalities have authority to regulate parking through reasonable ordinances that place enforcement costs on those who benefit from the privilege rather than the gen
• Abe Washington v. Dowling
  92 Fla. 601· Fla.· 1926-08-11 ·cited 64×
  Abe Washington challenges his death sentence by hanging, claiming that Florida's 1923 statute abolishing hanging and replacing it with electrocution prevents his execution. The Florida Supreme Court holds that the constitutional provision protecting the punishment of crimes commi
• Lowe v. State
  2 So. 3d 21· Fla.· 2008-11-06 ·cited 63×
  The Florida Supreme Court affirmed the trial court's denial of relief on most postconviction claims filed by Rodney Lowe, a death row inmate convicted of first-degree murder, but reversed in part by ordering a new penalty phase based on newly discovered evidence and ineffective a
• Fennie v. State
  855 So. 2d 597· Fla.· 2003-07-11 ·cited 63×
  Alfred Lewis Fennie challenges his death sentence for murder, kidnapping, and robbery by appealing the denial of his rule 3.850 postconviction motion and petitioning for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial, rejecting claims of ineffect
• Johnson v. State
  804 So. 2d 1218· Fla.· 2001-10-25 ·cited 63×
  Terrell Johnson, a death row inmate convicted of first-degree murder in 1979, appealed the trial court's summary denial of his second Rule 3.850 postconviction motion. The Florida Supreme Court affirmed the denial, finding that Johnson failed to demonstrate newly discovered evide
• AMENDMENTS TO FLA. RULES OF CRIM. PROCEDURE 3.851
  772 So. 2d 488· Fla.· 2000-04-14 ·cited 63×
  The Florida Supreme Court proposes comprehensive amendments to Rules of Criminal Procedure 3.851, 3.852, and 3.993 governing capital postconviction relief procedures. The amendments establish a dual-track system allowing collateral counsel appointment immediately after death sent
• Pope v. State
  702 So. 2d 221· Fla.· 1997-12-04 ·cited 63×
  Thomas Dewey Pope, a death-sentenced murderer, appealed the trial court's denial of his successive Rule 3.850 motion for postconviction relief claiming ineffective assistance of trial counsel and unconstitutionally vague jury instructions. The Florida Supreme Court affirmed the d
• State v. Bolyea
  520 So. 2d 562· Fla.· 1988-02-18 ·cited 63×
  Court-ordered probation, even without incarceration, constitutes 'custody under sentence' for purposes of Rule 3.850, allowing a prisoner to seek post-conviction relief.
• Nardell U. Carter v. McCARTHY
  806 F.2d 1373· 9th Cir.· 1986-12-23 ·cited 63×
• Moises Garcia-Mir v. Smith
  766 F.2d 1478· 11th Cir.· 1985-07-11 ·cited 63×
  The court held that the Attorney General's suspension of parole releases under the Status Review Plan was based on a facially legitimate and bona fide reason, and that the district court lacked jurisdiction to set aside exclusion orders for the entire class without individual exh
• Sampson Armstrong v. State
  429 So. 2d 287· Fla.· 1983-01-20 ·cited 63×
  Sampson Armstrong, a death row inmate, challenged his murder convictions and death sentence through a Rule 3.850 motion and habeas corpus petition, arguing trial and appellate counsel were ineffective and raising various trial errors. The Florida Supreme Court affirmed the denial
• Skinner v. Cardwell
  564 F.2d 1381· 9th Cir.· 1977-11-29 ·cited 63×
  The court held that the petitioner was not denied a fair trial, and therefore, his petition for a writ of habeas corpus was properly denied.
• Sieling v. Eyman
  478 F.2d 211· 9th Cir.· 1973-04-23 ·cited 63×
  A finding of competency to stand trial is insufficient to establish competency to waive constitutional rights by pleading guilty when the defendant's mental capacity has been put in issue.
• Boruff v. United States
  310 F.2d 918· 5th Cir.· 1962-12-05 ·cited 63×
  The ten-day period for filing a criminal appeal does not commence if the defendant is unrepresented until advised of their right to appeal and counsel files the notice.
• Ragsdale v. Winfred Overholser
  281 F.2d 943· D.C. Cir.· 1960-06-23 ·cited 63×
  The court held that the statute governing commitment after acquittal by reason of insanity is constitutional, but its application requires careful consideration of due process safeguards for continued confinement.
• Boykin v. Huff
  121 F.2d 865· D.C. Cir.· 1941-04-07 ·cited 63×
  The court held that the trial court's actions effectively denied the appellant his right to appeal, and that his initial letter to the judge should be considered a timely notice of appeal.
• Heldrado Zuluaga v. State
  32 So. 3d 674· Fla. 1st DCA· 2010-03-25 ·cited 62×
  The appellate court held that the trial court correctly dismissed the petition for writ of habeas corpus because it was not the proper remedy for challenging a sentence, and the circuit court lacked jurisdiction to review a sentence imposed by another circuit.
• Knight v. Dugger
  863 F.2d 705· 11th Cir.· 1988-12-08 ·cited 62×
• United States ex rel. Mylon C. Cross v. DeROBERTIS
  811 F.2d 1008· 7th Cir.· 1987-01-28 ·cited 62×
  The court held that the petitioner failed to meet his burden of proving prejudice from counsel's alleged ineffectiveness because he did not sufficiently demonstrate what favorable evidence the uncalled witnesses would have provided.
• Johnson v. Louie L. Wainwright
  498 So. 2d 938· Fla.· 1986-12-11 ·cited 62×
  Ineffective assistance of appellate counsel warrants a new trial when counsel fails to raise a clear issue of reversible error regarding jury separation after deliberations began.
• Johnson v. United States
  805 F.2d 1284· 7th Cir.· 1986-11-04 ·cited 62×
  The court should have remanded for a fresh sentencing because the district court's post hoc determination of non-reliance on inaccurate information in the presentence report could not cure the Rule 32 violation.
• Hitchcock v. Louie L. Wainwright
  770 F.2d 1514· 11th Cir.· 1985-08-28 ·cited 62×
  The court held that the petitioner's claims regarding unconstitutional discouragement of mitigating evidence and improper consideration of his refusal to plead guilty were without merit.
• Francois v. Louie L. Wainwright
  741 F.2d 1275· 11th Cir.· 1984-08-31 ·cited 62×
  The court affirmed the denial of the federal habeas corpus petition, finding that the petitioner procedurally defaulted on his claims and failed to demonstrate cause or prejudice for the default.
• Campbell v. Louie L. Wainwright
  738 F.2d 1573· 11th Cir.· 1984-08-20 ·cited 62×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the denial of an evidentiary hearing and the rejection of the petitioner's claims.
• Doyle Edward Skillern v. W.J. Estelle, Jr.
  720 F.2d 839· 5th Cir.· 1983-12-05 ·cited 62×
  The court held that the petitioner's contentions regarding the Enmund issues, denial of an evidentiary hearing, and evidentiary error at the sentencing hearing did not warrant federal habeas relief.
• Ozzie Batchelor v. Hoyt C. Cupp
  693 F.2d 859· 9th Cir.· 1982-11-29 ·cited 62×
  The court held that while the petitioner failed to exhaust state remedies by not presenting his claims to the Oregon Supreme Court, federal review is permissible because no state remedies are currently available and the default was not a deliberate bypass. The court also affirmed
• Jordan v. Watkins
  681 F.2d 1067· 5th Cir.· 1982-08-06 ·cited 62×·via Habeas Corpus Relief
  The court held that the sentencing procedure violated constitutional requirements by failing to channel jury discretion, vacating the death sentence but allowing the state to seek reimposition after a proper hearing. The court also held that the defendant's confession was admissi
• Rachel v. Bordenkircher
  590 F.2d 200· 6th Cir.· 1978-12-29 ·cited 62×
  The court held that prosecutorial comments on the petitioner's post-arrest silence and failure to testify at trial violated the Fifth and Fourteenth Amendments, warranting reversal of the district court's dismissal of the habeas corpus petition.
• Lyman T. Shepard v. Taylor
  556 F.2d 648· 2d Cir.· 1977-05-27 ·cited 62×
  Applying new parole guidelines that consider offense severity and retribution to a defendant sentenced under the Federal Youth Corrections Act before the 1976 amendments violates the ex post facto clause of the Constitution.
• Ruip v. United States
  555 F.2d 1331· 6th Cir.· 1977-04-08 ·cited 62×
  The court held that parole guidelines do not constitute ex post facto laws, their application does not violate Rule 11, and the issue of due process for salient factor score determination was not properly preserved. The court also found that while sentencing judge's expectations
• State v. Lott
  286 So. 2d 565· Fla.· 1973-12-05 ·cited 62×
  The Florida Supreme Court reversed a trial court's discharge of a defendant charged with vehicle larceny, holding that the trial court had no authority to nullify the court-adopted speedy trial rule by finding it an abuse of the court's rule-making power. The Court established th