Habeas Corpus

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

• Farris v. Hunter
  144 F.2d 63· 10th Cir.· 1944-07-05 ·cited 10×
  The court held that the appellant failed to demonstrate ineffective assistance of counsel or any prejudice arising from joint representation.
• Mosher v. Hunter
  143 F.2d 745· 10th Cir.· 1944-07-03 ·cited 10×
  The court held that a military prisoner held for punishment is subject to military law and trial by court-martial for offenses committed during imprisonment, even if formally discharged.
• Avery v. DeWITT Sinclair
  153 Fla. 767· Fla.· 1943-12-15 ·cited 10×
  R. W. Avery challenges a contempt order sentencing him to jail for failure to pay alimony arrearages. The Florida Supreme Court holds that because the contempt order was based on past noncompliance and imposed an indefinite term of imprisonment (until payment or further court ord
• Terrell v. Biddle
  139 F.2d 32· 8th Cir.· 1943-12-09 ·cited 10×
  The court held that the inmate's motion to vacate his sentence, treated as a petition for habeas corpus, was without merit on its face and thus did not entitle him to a discharge or a hearing.
• Waley v. Johnston
  139 F.2d 117· 9th Cir.· 1943-12-07 ·cited 10×
  The court held that a guilty plea entered with counsel present, even if preceded by confessions obtained in violation of McNabb, is valid if the confessions were not used in the proceedings where the plea was entered.
• McGUIRE v. Hunter
  138 F.2d 379· 10th Cir.· 1943-10-14 ·cited 10×
  The court held that the petitioner failed to demonstrate by clear and convincing evidence that he was denied his constitutional right to counsel at sentencing or that his removal from the jurisdiction violated his rights.
• Ammons v. King
  136 F.2d 318· 8th Cir.· 1943-08-31 ·cited 10×
  The court held that the appellant's claims of fraud and procedural errors did not render his detention illegal, and thus habeas corpus relief was not warranted.
• Clem Lindsey v. Mayo
  153 Fla. 465· Fla.· 1943-07-30 ·cited 10×
  Clem Lindsey sought habeas corpus relief challenging his consecutive sentencing for a 1922 larceny conviction and a 1937 manslaughter conviction. The Florida Supreme Court held that sentences imposed by different courts run consecutively rather than concurrently when the sentenci
• Culpepper v. Osteen
  153 Fla. 161· Fla.· 1943-06-11 ·cited 10×
  This appeal concerns custody of a two-year-old child who had been in the care of the appellants for 14 months after the natural mother left the child temporarily. The Florida Supreme Court affirmed the trial court's judgment returning the child to her natural mother, holding that
• THE State OF Fla. upon the relation of E. Freel Singleton v. Woodruff
  153 Fla. 84· Fla.· 1943-06-01 ·cited 10×
  A Jehovah's Witness arrested for distributing religious literature without a license challenged the constitutionality of Tampa's license tax ordinance. The Florida Supreme Court held that the ordinance violated the First and Fourteenth Amendments and corresponding state constitut
• Graham v. Squier
  132 F.2d 681· 9th Cir.· 1942-12-31 ·cited 10×
  The admission of a Selective Service Questionnaire into evidence, even if it violated Fifth Amendment rights, does not divest the trial court of jurisdiction and is therefore not grounds for habeas corpus relief.
• United States ex rel. Dilling v. McDONNELL
  130 F.2d 1012· 7th Cir.· 1942-10-20 ·cited 10×
  The court held that there is no statutory authority to hear an appeal from an order denying a writ of habeas corpus testing the validity of a removal warrant.
• Moses v. Hudspeth
  129 F.2d 279· 10th Cir.· 1942-06-18 ·cited 10×
  The court held that the sufficiency of an indictment is not subject to collateral attack via habeas corpus after conviction, and that the petitioner failed to prove denial of counsel.
• Brown v. Johnston
  126 F.2d 727· 9th Cir.· 1942-03-26 ·cited 10×
  The court held that the appellants were not denied constitutional rights in their Texas trial and subsequent conviction.
• In re Miller
  126 F.2d 826· 9th Cir.· 1942-03-21 ·cited 10×
  The court held that it lacks jurisdiction to grant a writ of habeas corpus in this instance and that lower federal courts should not interfere with state process absent exceptional circumstances.
• Crockett v. United States
  125 F.2d 547· 9th Cir.· 1942-01-20 ·cited 10×
  The court held that a motion to correct a sentence, styled as a habeas corpus petition, fails to state a cause of action when the petitioner had counsel and an opportunity to raise claims before sentencing but did not.
• Hogue v. Duffy
  124 F.2d 864· 9th Cir.· 1942-01-16 ·cited 10×
  The court held that a federal district court should not grant a writ of habeas corpus when state remedies have been exhausted but the petitioner has not sought review in the U.S. Supreme Court.
• Mosher v. Hudspeth
  123 F.2d 401· 10th Cir.· 1941-11-05 ·cited 10×
  A military prisoner held for punishment is subject to military law and court-martial for offenses committed during imprisonment, and civil courts cannot review the merits of cases tried in military tribunals if the court had jurisdiction.
• Ralston v. COX
  123 F.2d 196· 5th Cir.· 1941-10-31 ·cited 10×
  The court held that a defendant cannot claim an indictment was voided by an amendment made at his own request, as he is estopped from challenging the jurisdiction he induced.
• United States ex rel. Rempas v. Schlotfeldt
  123 F.2d 109· 7th Cir.· 1941-10-11 ·cited 10×
  The court held that an appeal may be dismissed for inexcusable neglect in failing to docket the appeal within the prescribed time, despite the initial filing of a notice of appeal.
• Adkins v. Sanford
  120 F.2d 471· 5th Cir.· 1941-06-09 ·cited 10×
  The Sixth Amendment does not require appointment of counsel for a defendant who makes no request, admits guilt, pleads guilty knowingly, and only complains that a lawyer might have secured a lighter sentence.
• Driggers v. Pearson
  141 Fla. 256· Fla.· 1940-01-05 ·cited 10×
  This case concerns a contempt citation for failure to pay alimony pendente lite and attorney's fees. The appellate court affirmed the lower court's judgment, holding that the habeas corpus proceeding was an improper collateral attack on the original order and that the lower court
• In re Livvie W. Vann
  136 Fla. 113· Fla.· 1939-01-14 ·cited 10×
  Mary Vann challenges her conviction and imprisonment for being an accessory before the fact to attempted murder, arguing she should be discharged because the principal perpetrators (Allen Langston and Allen Findley) pleaded guilty to different counts and were never convicted on t
• State v. Coleman
  122 Fla. 368· Fla.· 1936-01-13 ·cited 10×
  The court reversed a habeas corpus judgment that remanded a petitioner to custody. The petitioner was charged with perjury for statements made to a State Attorney during an investigation, but the court found she was not lawfully required to testify before the State Attorney as sh
• Stone v. Burch
  114 Fla. 460· Fla.· 1934-04-03 ·cited 10×
  Burch was convicted and sentenced to ten years, then received a conditional commutation in 1929. The State Board of Pardons attempted to revoke the commutation in 1930 based on suspected criminal activity, but Burch was subsequently acquitted of those charges. The court held that
• Coleman v. Achim
  114 Fla. 89· Fla.· 1934-02-27 ·cited 10×
  This case concerns whether operating a passenger automobile for compensation on public highways, even for a single trip, constitutes a violation of Florida's motor vehicle transportation laws. The court reversed a lower court's discharge of a defendant, finding that the facts pre
• State v. Skaley
  108 Fla. 506· Fla.· 1933-03-01 ·cited 10×
  The court reviewed a lower court's decision to discharge a petitioner held in custody under a statute regulating podiatry. The appellate court found the statute invalid because the House and Senate passed versions with different titles, meaning the bill approved by the Governor w
• Lillar Elleby v. Stoutamire
  108 Fla. 151· Fla.· 1933-01-26 ·cited 10×
  The Florida Supreme Court ordered the release of a petitioner on bail after considering a writ of habeas corpus and a motion for discharge. The court's decision was based on the arguments presented by both parties.
• Reffkin v. Boyce
  104 Fla. 221· Fla.· 1932-02-11 ·cited 10×
  John Reffkin sought habeas corpus discharge, challenging the constitutionality of a Florida statute prohibiting fraud through false claims of possessing secret or advance information. The Florida Supreme Court upheld the statute as sufficiently definite and the indictment as char
• State v. Reeve
  104 Fla. 196· Fla.· 1932-02-08 ·cited 10×
  The Florida Supreme Court upheld a Miami city ordinance requiring beauty shop operators to be registered beauty culturists, rejecting arguments that the city lacked authority to regulate the beauty culture profession. The court held that municipalities may exercise delegated poli
• French v. Turner
  103 Fla. 425· Fla.· 1931-11-07 ·cited 10×
  The Florida Supreme Court affirmed a lower court's decision to quash a writ of habeas corpus, holding that a challenge to the statute of limitations on a criminal charge is a matter for trial, not habeas corpus.
• Adams v. Isler
  101 Fla. 457· Fla.· 1931-05-06 ·cited 10×
  The court considered whether a city ordinance, enacted as an emergency measure, was enforceable against a petitioner arrested for violating it. The court found the ordinance invalid because it had not been published as required by the city charter, a necessary step for ordinances
• Williams v. State
  97 Fla. 401· Fla.· 1929-03-30 ·cited 10×
  This case involves a habeas corpus petition challenging the legality of an arrest for passing worthless checks. The court affirmed the denial of the petition, finding that the warrant, while potentially imperfect, sufficiently charged an offense under Florida law and that the low
• Phillips v. Thad Bell
  84 Fla. 225· Fla.· 1922-08-16 ·cited 10×
  John Phillips was convicted under a Florida statute criminalizing obtaining money through labor contracts with intent to defraud. The Florida Supreme Court upheld the conviction, distinguishing the Florida statute from the Alabama statute struck down in Bailey v. State of Alabama
• Anderson v. Wentworth
  75 Fla. 300· Fla.· 1918-02-26 ·cited 10×
  A police captain detained George P. Wentworth for violating a Pensacola ordinance requiring a $10 license tax for operating a motor vehicle within the city. The Florida Supreme Court held that the ordinance violated state law because Chapter 7275 (1917), a comprehensive state mot
• Ex parte Taylor
  68 Fla. 61· Fla.· 1914-07-08 ·cited 10×
  The Florida Supreme Court upheld a 1913 statute regulating domestic and foreign investment companies' sale of securities in Florida, rejecting ex parte habeas corpus challenges to the validity of the regulation. The court held that the statute properly exercises the state's polic
• Exparte C. M. Cox
  44 Fla. 537· Fla.· 1902-06-01 ·cited 10×
  The Florida Supreme Court held that it lacks appellate jurisdiction to review a judgment rendered by one of its own justices in a habeas corpus proceeding because the state constitution confers appellate jurisdiction on the Supreme Court only from Circuit Courts and other specifi
• Sims v. State
  26 Fla. 97· Fla.· 1890-01-01 ·cited 10×
  In this writ of error from a habeas corpus proceeding, the Florida Supreme Court held that a county solicitor lacked authority to file a criminal information in vacation (outside of court session) as the basis for issuing an arrest warrant. The court reversed the lower court's ju
• Ex-parte William Harfourd
  16 Fla. 283· Fla.· 1877-06-01 ·cited 10×
  William Harfourd was imprisoned for failing to post security after a county judge found him guilty of threatening property damage to a schooner and threatening bodily harm to his wife. The Florida Supreme Court reversed his imprisonment, holding that sureties of the peace are gen
• Kananen v. Sec'y, Dep't of Corr.
  606 F. 3d 1296· 11th Cir.· 2025-10-28 ·cited 9×
  The court held that the notice of appeal was untimely for the initial judgment but timely for the denial of the Rule 60(b) motion, thus dismissing part of the appeal sua sponte.
• Jennings v. Sec'y, Fla. Dep't of Corr.
  108 F.4th 1299· 11th Cir.· 2024-07-22 ·cited 9×
  A second-in-time federal habeas petition raising Brady and Giglio claims is considered a second or successive petition subject to statutory restrictions, and the district court correctly dismissed it for lack of subject-matter jurisdiction when the petitioner failed to obtain pri
• Zack v. State
  371 So. 3d 335· Fla.· 2023-09-21 ·cited 9×
  Michael Duane Zack, III appeals the summary denial of his fourth successive postconviction motion challenging his 1997 death sentence by claiming his Fetal Alcohol Syndrome is functionally equivalent to intellectual disability under Atkins v. Virginia and that his non-unanimous j
• Nance v. Comm'r, Ga. Dep't of Corr.
  981 F.3d 1201· 11th Cir.· 2020-12-02 ·cited 9×
  Michael Nance, a death row inmate challenging Georgia's lethal injection protocol as unconstitutional under the Eighth Amendment, filed suit under 42 U.S.C. § 1983 seeking an injunction against the only method of execution authorized by state law and proposing firing squad as an
• Bowles v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  935 F.3d 1176· 11th Cir.· 2019-08-21 ·cited 9×
  The court held that the district court correctly dismissed the petitioner's second federal habeas petition for lack of jurisdiction because he failed to obtain authorization from the court of appeals before filing it, as required by AEDPA.
• State v. Murray
  262 So. 3d 26· Fla.· 2018-12-20 ·cited 9×
  Murray appeals a postconviction denial of most relief claims after being convicted of first-degree murder and sentenced to death in 1990. The Florida Supreme Court affirms the trial court's grant of a new penalty phase pursuant to Hurst but denies all other relief claims, rejecti
• Zack v. State
  228 So. 3d 41· Fla.· 2017-06-15 ·cited 9×
  Michael Duane Zack III appeals a circuit court's denial of his motion to vacate his 1997 first-degree murder conviction and death sentence, claiming entitlement to a hearing on intellectual disability under Hall v. Florida and asserting a constitutional violation under Hurst v. F
• Snelgrove v. State
  217 So. 3d 992· Fla.· 2017-05-11 ·cited 9×
  David Snelgrove was convicted and sentenced to death for murdering an elderly couple in 2000. The Florida Supreme Court affirmed the denial of his post-conviction motion challenging his conviction and claims of ineffective counsel, but vacated his death sentences and ordered a ne
• Hampton v. State
  219 So. 3d 760· Fla.· 2017-05-04 ·cited 9×
  John Lee Hampton was convicted of first-degree murder and sentenced to death for the 2007 killing of Renee McKinness in Clearwater, Florida. The Florida Supreme Court affirmed the denial of post-conviction relief on guilt-phase ineffective assistance claims and intellectual disab
• Torres v. State
  208 So. 3d 831· Fla. 1st DCA· 2017-01-23 ·cited 9×
  José A. Torres Sr. appealed an order transferring his habeas corpus petition from the Second Judicial Circuit to the Sixth Judicial Circuit. The First District Court of Appeal affirmed the transfer, holding that the court of conviction (not the court where the defendant is incarc
• Alvarez v. U.S. Immigration AND Customs Enforcement
  818 F.3d 1194· 11th Cir.· 2016-03-24 ·cited 9×
  The dissenting judge would hold that the plaintiff has a Bivens remedy for his due process claim against the ICE official, Juan Munoz. The dissent would also find that the district court erred in dismissing the claim based on Heck v. Humphrey, qualified immunity, and the statute