Habeas Corpus

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

• Kilgore v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  805 F.3d 1301· 11th Cir.· 2015-11-16 ·cited 9×
  Dean Kilgore, serving a life sentence for murder and kidnapping, was convicted of capital murder for killing a fellow inmate and sentenced to death. He appealed on the ground that he is intellectually disabled and therefore ineligible for execution under the Eighth Amendment and
• Eaglin v. State
  176 So. 3d 900· Fla.· 2015-06-25 ·cited 9×
  Dwight T. Eaglin was convicted and sentenced to death for murdering a correctional officer and inmate while attempting to escape from prison. The Florida Supreme Court affirmed the postconviction court's denial of his ineffective assistance of counsel claims and rejected his habe
• Baker v. State
  164 So. 3d 38· Fla. 3d DCA· 2015-04-22 ·cited 9×
  Baker appeals a venue transfer order transferring his habeas corpus petition from Monroe County (where he was convicted) to Leon County. The Third District Court of Appeal reverses, holding that the trial court has jurisdiction over habeas petitions challenging the validity of a
• Hernandez v. State
  137 So. 3d 542· Fla. 4th DCA· 2014-04-09 ·cited 9×
  Alfredo Hernandez, a first-time felony offender convicted of marijuana trafficking and unlawful renting of property for drug trafficking, petitioned for a second appeal alleging his appellate counsel was ineffective for failing to file a Rule 3.800(b)(2) motion to correct his sen
• Michaels v. Loftus
  139 So. 3d 324· Fla. 3d DCA· 2014-04-02 ·cited 9×
  Alexander Michaels, an attorney, was found in direct criminal contempt for two acts toward opposing counsel during a probation violation hearing: making a hand gesture and mumbling profanities in Romanian. The Florida appellate court granted his habeas petition as to the hand ges
• Downs v. State
  135 So. 3d 521· Fla. 5th DCA· 2014-03-28 ·cited 9×
  Jason Downs appeals the denial of his habeas corpus petition seeking permission to file a belated postconviction relief motion under Florida Rule of Criminal Procedure 3.850(b)(3). The appellate court reversed, holding that the amended rule allowing counsel neglect exceptions sho
• Furney v. State
  115 So. 3d 1095· Fla. 4th DCA· 2013-06-26 ·cited 9×
  Rodney Furney was convicted of aggravated battery and aggravated assault with a firearm in 2005 based on a jury instruction on the forcible felony exception to self-defense that incorrectly negated his sole defense. On appeal of his denied Rule 3.850 motion, the court granted hab
• Davis v. State
  26 So. 3d 647· Fla. 2d DCA· 2010-01-22 ·cited 9×
  Sidney Davis appeals the denial of his habeas corpus petition seeking release from a life sentence imposed for second-degree burglary in 1976. The court reverses and remands, directing that Davis's challenge be reframed as a motion to correct an illegal sentence under Florida Rul
• Stokes v. State
  3 So. 3d 425· Fla. 3d DCA· 2009-02-18 ·cited 9×
  The Eleventh Judicial Circuit lacked jurisdiction to consider a habeas corpus petition challenging a conviction, as only the sentencing court has jurisdiction for such claims.
• Etienne v. State
  994 So. 2d 450· Fla. 3d DCA· 2008-10-29 ·cited 9×
  Lorenzo Etienne appeals the denial of his habeas corpus petition, claiming that the forfeiture of gain time earned on a prior prison sentence violated the terms of his plea agreement. The court reversed, holding that while Etienne was not entitled to credit for all time previousl
• Tremaine Bailem v. State
  984 So. 2d 604· Fla. 3d DCA· 2008-06-11 ·cited 9×
  Tremaine Bailem petitioned for writs of habeas corpus and mandamus to compel the trial court to transport him to testify at an evidentiary hearing on his postconviction relief motion. The Florida appellate court denied both petitions, finding that mandamus was inappropriate becau
• Watts v. State
  985 So. 2d 21· Fla. 2d DCA· 2008-05-21 ·cited 9×
  Julian Watts appealed the dismissal of his habeas corpus petition challenging his 35-year resentence imposed in October 2006 for violating probation. The court reversed, holding that while habeas corpus was improper, the circuit court should have treated the petition as a motion
• Ivey v. Dep't OF Child. & Fam. Servs.
  974 So. 2d 480· Fla. 2d DCA· 2008-01-25 ·cited 9×
  Donald Raymond Ivey petitioned for habeas corpus challenging his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, claiming ineffective assistance of trial counsel. The Second District Court of Appeal denied the petition but certified a question of g
• K.P. v. State
  952 So. 2d 1229· Fla. 5th DCA· 2007-03-30 ·cited 9×
  In this juvenile habeas corpus proceeding, K.P. challenges a trial court's order placing him in secure detention for fifteen days pending placement in a moderate-risk residential program. The appellate court found that the trial court lacked authority to order secure detention be
• Mack v. State
  955 So. 2d 51· Fla. 1st DCA· 2007-03-26 ·cited 9×
  Kevin Mack sought habeas corpus relief claiming his direct appellate counsel was ineffective for failing to argue that Apprendi and Blakely required reversal of his sentence. The court denied the petition, holding that Apprendi and Blakely do not apply because the trial court did
• Camara v. State
  916 So. 2d 946· Fla. 3d DCA· 2005-12-02 ·cited 9×
  Roberto Camara sought habeas corpus relief challenging his $5,000,000 bond set in a first-degree murder case. The court granted the petition and remanded for a full evidentiary hearing on Camara's financial resources, finding the bond hearing was insufficient because no testimony
• Glendon Goelz v. Bradshaw
  906 So. 2d 1234· Fla. 4th DCA· 2005-07-27 ·cited 9×
  A Florida appellate court granted a habeas corpus petition and quashed a bond revocation order, holding that the trial court erred in finding the defendant's letter to the victim was "new information" when substantial portions of it had already been presented to the first appeara
• Borinstein v. State
  893 So. 2d 687· Fla. 5th DCA· 2005-02-18 ·cited 9×
  The appellate court affirmed the denial of the petition for habeas corpus, agreeing that it was not the proper remedy for the claims raised.
• Merritt v. Crosby
  893 So. 2d 598· Fla. 1st DCA· 2005-01-05 ·cited 9×
  The circuit court departed from the essential requirements of law by denying habeas corpus relief to a parolee whose parole was revoked based solely on hearsay evidence.
• Hunter v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  395 F.3d 1196· 11th Cir.· 2005-01-05 ·cited 9×
  James Eugene Hunter was convicted of first-degree murder, three counts of attempted first-degree murder, three counts of armed robbery, and one count of attempted armed robbery in connection with a robbery and shooting that killed Wayne Simpson and injured three others in Daytona
• Buhbut v. Edward Bieluch as Sheriff of Palm Beach Cnty.
  835 So. 2d 1222· Fla. 4th DCA· 2003-01-24 ·cited 9×
  The petitioner challenges his detention following alleged violations of house arrest conditions. The court holds that the trial court violated statutory requirements by denying bond relief without making findings regarding actual violations or alternative conditions that could en
• Alphonso Prosperity Smith v. Kearney
  802 So. 2d 387· Fla. 4th DCA· 2001-11-14 ·cited 9×
  Alphonso Smith appealed the denial of his habeas corpus petition challenging his detention under Florida's Jimmy Ryce Act. Smith argued he was unlawfully detained because his sentences included an illegal concurrent probation and incarceration term that should have resulted in hi
• Ace Patterson v. State
  788 So. 2d 397· Fla. 1st DCA· 2001-06-29 ·cited 9×
• Harold R. Sheriff v. Moore
  781 So. 2d 1146· Fla. 1st DCA· 2001-03-15 ·cited 9×
• Remeta v. State
  710 So. 2d 543· Fla.· 1998-03-29 ·cited 9×
  Daniel Eugene Remeta, a death row inmate scheduled for execution, appealed the trial court's denial of his Rule 3.850 motion seeking to vacate his death sentence for the 1985 murder of an Ocala convenience store clerk. The Florida Supreme Court affirmed the denial, rejecting Reme
• Martinez v. Singletary
  691 So. 2d 537· Fla. 1st DCA· 1997-04-04 ·cited 9×
  The court held that the inmate's petition for writ of habeas corpus/mandamus was not moot because the alleged grievances were capable of repetition yet evaded review and carried potential collateral consequences.
• Kirkland v. Fortune
  661 So. 2d 395· Fla. 1st DCA· 1995-10-13 ·cited 9×
  A 17-year-old charged with first-degree felony murder challenged a bail denial order in a habeas corpus petition. The court held that the state failed to meet the constitutionally required burden of proving guilt is 'evident' or the presumption is 'great'—a standard higher than t
• Alvarez v. Crowder
  645 So. 2d 63· Fla. 4th DCA· 1994-11-04 ·cited 9×
  Petitioner Alexander Alvarez, arrested for drug trafficking, challenged his one million dollar bail as excessive. The court granted his habeas corpus petition, finding the bail amount unreasonable given his community ties, employment stability, lack of criminal history, and compa
• Thompson v. Wade
  603 So. 2d 28· Fla. 1st DCA· 1992-07-15 ·cited 9×
  James Thompson sought habeas corpus relief on grounds that his appellate counsel was ineffective for failing to challenge the trial court's retention of jurisdiction over his sentence. The court denied the petition, holding that appellate counsel's performance must be evaluated u
• Holland v. McGINNIS
  963 F.2d 1044· 7th Cir.· 1992-05-14 ·cited 9×
  The court held that the Des Plaines confession was voluntary and that the Batson claim was barred by Teague v. Lane because Powers v. Ohio announced a new rule.
• Yordan v. Dugger
  909 F.2d 474· 11th Cir.· 1990-08-21 ·cited 9×
  The court held that the appellant's claim of ineffective assistance of counsel, based on his attorney misrepresenting parole eligibility, warrants further review, and his involuntary plea claim was not procedurally barred.
• Krasnow v. Navarro
  909 F.2d 451· 11th Cir.· 1990-08-17 ·cited 9×
  The court held that the attorney's intentional failure to notify the court of his inability to appear, despite having ample time to do so, constituted criminal contempt under Florida law, and federal habeas corpus relief was unwarranted.
• Camden v. Cir. Court OF the Second Jud. Cir.
  892 F.2d 610· 7th Cir.· 1989-12-28 ·cited 9×
  The dissenting judge holds that the defendant did not impliedly consent to the mistrial and that there was no manifest necessity for declaring it, thus retrial would violate double jeopardy.
• Thomas v. Dugger
  548 So. 2d 230· Fla.· 1989-08-31 ·cited 9×
  John Scott Thomas petitioned for habeas corpus relief challenging the Department of Corrections' denial of gain-time credit during his mandatory minimum sentence for robbery with a firearm. The Florida Supreme Court held that the statute prohibiting eligibility for gain-time duri
• Alton Waye v. Murray
  884 F.2d 765· 4th Cir.· 1989-08-30 ·cited 9×
  The court affirmed the district court's denial of habeas corpus relief and denied the motion for a stay of execution.
• Volanty v. Lynaugh
  874 F.2d 243· 5th Cir.· 1989-05-18 ·cited 9×
  The dissenting judge believes the record compels a finding that the defendant should have benefited from the Texas insanity defense due to intoxication, as psychiatric assistance was essential and denied.
• Connell v. Wade
  538 So. 2d 854· Fla.· 1989-02-23 ·cited 9×
  The Florida Supreme Court held that when a defendant commits a crime before sentencing guidelines are enacted and later elects to be sentenced under guidelines, the guidelines in effect at the time of election control, not those in effect at the time of the offense. The Court rej
• Walker v. Dugger
  860 F.2d 1010· 11th Cir.· 1988-11-22 ·cited 9×
  The court held that the district court erred in granting habeas relief because the petitioner did not exhaust his ex post facto claim in state court, and the respondents did not waive their right to raise the exhaustion defense.
• Evans v. Lewis
  855 F.2d 631· 9th Cir.· 1988-08-22 ·cited 9×
  The court held that the defendant's conviction is affirmed, but the death sentence is reversed due to ineffective assistance of counsel at the sentencing phase.
• Nevius v. Sumner
  852 F.2d 463· 9th Cir.· 1988-07-22 ·cited 9×
  The court held that the prosecutor's peremptory challenges did not violate the Sixth or Fourteenth Amendments, the denial of an evidentiary hearing was proper, and the indictment was not defective.
• Stewart v. Dugger
  847 F.2d 1486· 11th Cir.· 1988-06-09 ·cited 9×
  The dissenting judge argues that misleading statements about the jury's role in capital sentencing, made by the prosecutor and judge, violate Caldwell and require resentencing.
• Chavez v. Dareld Kerby
  848 F.2d 1101· 10th Cir.· 1988-06-08 ·cited 9×
  The admission of prior act testimony and the refusal to instruct on a lesser included offense did not violate the petitioner's constitutional rights, thus habeas corpus relief is denied.
• Stone v. Dugger
  837 F.2d 1477· 11th Cir.· 1988-02-05 ·cited 9×
  The court held that the petitioner is entitled to resentencing because the jury was improperly instructed to consider only statutory mitigating factors, violating the Eighth Amendment.
• Brown v. Dugger
  831 F.2d 1547· 11th Cir.· 1987-11-13 ·cited 9×
  The court held that limiting cross-examination into a witness's potential deal with the state violated the Confrontation Clause and was not harmless error.
• Dooley v. Duckworth
  832 F.2d 445· 7th Cir.· 1987-10-30 ·cited 9×
  The court, bound by habeas corpus rules, could not find the Indiana Supreme Court's findings clearly wrong, despite doubts about the identification evidence.
• Rosenfeld v. Dunham
  820 F.2d 52· 2d Cir.· 1987-06-01 ·cited 9×
  The court held that the state appellate court's written opinion, which considered the defendant's remaining contentions and found they did not merit reversal, indicated a review on the merits, thus allowing federal habeas review of the jury instruction claim.
• In re Grand Jury Proceedings. Storer Commc'ns, Inc. v. Wayne Cnty. Cir. Court Judge William J. Giovan
  810 F.2d 580· 6th Cir.· 1987-02-06 ·cited 9×
  The court affirmed the denial of the habeas petition, finding that the petitioner failed to establish a constitutional right to a newsman's privilege and that the petition improperly sought review of state court substantive decisions.
• Jones v. Henderson
  809 F.2d 946· 2d Cir.· 1987-01-13 ·cited 9×
  The court held that the district court should consider the merits of the habeas petition regarding courtroom closure, applying the standards established in Waller v. Georgia.
• KIM v. C.J. Villalobos
  799 F.2d 1317· 9th Cir.· 1986-09-15 ·cited 9×
  A state prisoner fairly presents federal claims to the state courts, satisfying the exhaustion requirement, even if the state court cites In re Swain for lack of particularity, if the claims are alleged with as much particularity as is practicable.
• Burnett v. Kindt
  780 F.2d 952· 11th Cir.· 1986-01-22 ·cited 9×
  The appeal is dismissed as moot because the respondent voluntarily complied with the district court's writ, rendering appellate review impossible.