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

• Feliciano v. Hon. Melvin R. Laird
  426 F.2d 424· 2d Cir.· 1970-04-16 ·cited 62×
  The Army's failure to follow its own regulations in processing a hardship discharge application warrants judicial intervention.
• Barnett v. Rodgers
  410 F.2d 995· D.C. Cir.· 1969-02-18 ·cited 62×
  The court held that the District Court erred in dismissing the petitions without determining if the jail's food service policies imposing a burden on Muslim inmates' religious dietary laws were justified by a compelling state interest and pursued by the least restrictive means.
• Phelper v. Decker
  401 F.2d 232· 5th Cir.· 1968-08-06 ·cited 62×
  The court held that the trial judge's procedure for determining the voluntariness of consent to search was constitutionally adequate, and that any taint from a potential illegal arrest was dissipated by the voluntary consent. The court also held that a failure to prove an element
• Gladden v. Unsworth
  396 F.2d 373· 9th Cir.· 1968-05-01 ·cited 62×
  The court held that the admission of Unsworth's written statement without a prior judicial determination of voluntariness, and the admission of his oral statements made while grossly intoxicated, constituted a denial of due process.
• Pearce v. COX
  354 F.2d 884· 10th Cir.· 1965-12-22 ·cited 62×
  A preliminary examination is a critical stage of criminal proceedings requiring counsel; however, a defendant can waive this right by pleading to an information, and the failure to provide counsel at a preliminary examination does not automatically vitiate subsequent proceedings
• Warring v. Colpoys
  122 F.2d 642· D.C. Cir.· 1941-07-29 ·cited 62×
  A change in statutory construction by a higher court does not divest a lower court of jurisdiction it possessed at the time of conviction.
• Davis v. State of Fla. & Leon Davis
  383 So. 3d 717· Fla.· 2024-02-01 ·cited 61×·via Writ Of Habeas Corpus
  Leon Davis Jr. was convicted of three counts of first-degree murder, attempted murder, armed robbery, and arson for brutally robbing an insurance agency on December 13, 2007, robbing approximately $900, setting employees Yvonne Bustamante and Juanita Luciano on fire after dousing
• Toney Deron Davis v. State
  136 So. 3d 1169· Fla.· 2014-04-10 ·cited 61×
  Toney Deron Davis appeals the denial of his motion to vacate his 1995 convictions for first-degree felony murder, aggravated child abuse, and sexual battery in the death of a two-year-old, and his death sentence. The Florida Supreme Court affirmed, rejecting Brady/Giglio violatio
• Chavez v. State
  12 So. 3d 199· Fla.· 2009-06-25 ·cited 61×·via Writ Of Habeas Corpus
  Juan Carlos Chavez, convicted of first-degree murder, kidnapping, and sexual battery of a nine-year-old boy and sentenced to death, appealed the denial of his motion to vacate judgment and filed a habeas petition alleging ineffective assistance of counsel. The Florida Supreme Cou
• Floyd v. State
  18 So. 3d 432· Fla.· 2009-06-04 ·cited 61×·via Writ Of Habeas Corpus
  Maurice Lamar Floyd appeals denial of his Rule 3.851 post-conviction motion and petitions for habeas corpus following his conviction for first-degree murder and death sentence in the killing of his mother-in-law, Mary Goss. The Florida Supreme Court affirmed the denial of all pos
• Darius Mark Kimbrough v. State
  886 So. 2d 965· Fla.· 2004-06-24 ·cited 61×
  Darius Mark Kimbrough, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denials, holding that Kimbrough failed to
• Rivera v. State
  859 So. 2d 495· Fla.· 2003-09-11 ·cited 61×
  Michael Rivera, a death row inmate convicted of murdering an 11-year-old child, appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial
• Sireci v. Moore
  825 So. 2d 882· Fla.· 2002-02-28 ·cited 61×·via Writ Of Habeas Corpus
  Henry Perry Sireci, a death row inmate convicted of first-degree murder in 1976, petitioned the Florida Supreme Court for habeas corpus relief, raising seven claims of ineffective assistance of appellate counsel and constitutional challenges to Florida's capital sentencing scheme
• Kight v. Dugger
  574 So. 2d 1066· Fla.· 1990-11-29 ·cited 61×
  Charles Michael Kight, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion to vacate conviction and sentence and filed a habeas corpus petition, raising various claims of ineffective assistance of counsel, constitutional violations in jury instructions,
• Harich v. Louie L. Wainwright
  813 F.2d 1082· 11th Cir.· 1987-03-18 ·cited 61×
  Defense counsel's performance was not deficient, and the defendant was not prejudiced by counsel's strategy, thus counsel was not ineffective.
• Westbrook v. Zant
  743 F.2d 764· 11th Cir.· 1984-09-21 ·cited 61×
  The Eleventh Circuit held that the district court erred by failing to follow the law of the case established in Westbrook I, which mandated granting habeas corpus relief if the petitioner's counsel represented Jones County in the Gibson litigation.
• Bennie E. Demps v. State
  416 So. 2d 808· Fla.· 1982-06-24 ·cited 61×
  Bennie Demps appealed the denial of his post-conviction relief motion and sought a stay of execution scheduled for June 29, 1982. The Florida Supreme Court affirmed the denial of relief on most claims but reversed and remanded on the claim that the state interfered with a defense
• Palermo v. Warden, Green Haven State Prison
  545 F.2d 286· 2d Cir.· 1976-11-01 ·cited 61×
  The dissenting judge would not grant specific performance of an unauthorized and unfulfillable prosecutorial promise that intruded upon independent agencies' discretion.
• United States ex rel. Thomas Kirby v. Sturges
  510 F.2d 397· 7th Cir.· 1975-01-28 ·cited 61×
  The court held that the federal Constitution does not require states to adopt an exclusionary rule for unnecessarily suggestive showup identifications, and that the totality of the circumstances, particularly the reliability of the identification, determines due process complianc
• LEE v. United States
  501 F.2d 494· 8th Cir.· 1974-08-01 ·cited 61×
  The court held that the United States' appearance and response on the merits likely supplied the necessary personal jurisdiction and waived venue, though precedent still appears contrary.
• Clutchette v. Procunier
  497 F.2d 809· 9th Cir.· 1974-04-25 ·cited 61×
  The court held that the majority's interpretation of Preiser v. Rodriguez regarding exhaustion of state remedies was too strict, and that the inmates' claims regarding the duration of their confinement necessitated exhaustion.
• United States ex rel. Herbert Sperling v. Fitzpatrick
  426 F.2d 1161· 2d Cir.· 1970-05-12 ·cited 61×
  The court concurred in the result, finding that applying the exclusionary rule to parole revocation hearings would be counterproductive given the current state of the parole system.
• Beto v. Martin
  396 F.2d 432· 5th Cir.· 1968-05-14 ·cited 61×
• Levin v. Ramsey Clark
  408 F.2d 1209· D.C. Cir.· 1967-11-15 ·cited 61×
  The court reversed the district court's grant of habeas corpus relief, finding that the alleged newly discovered evidence of a bank officer's non-recall regarding the exchange of large bills was not material and would not have affected the jury's verdict. The dissenting opinion a
• Scott v. Walker
  358 F.2d 561· 5th Cir.· 1966-03-31 ·cited 61×
  The court held that the systematic exclusion of Negroes from jury service, even with token inclusion, violates the Equal Protection Clause of the Fourteenth Amendment.
• Nesby Lawrence Gibbs v. Mayo
  81 So. 2d 739· Fla.· 1955-07-20 ·cited 61×
  Gibbs was charged and convicted of breaking and entering a motor vehicle, but the Florida Supreme Court held that no statute criminalized that specific conduct. The court granted habeas corpus relief because the information failed to charge any offense under Florida law, as the t
• Horton v. Mayo
  153 Fla. 611· Fla.· 1943-10-22 ·cited 61×
  In this habeas corpus proceeding, the Florida Supreme Court addressed whether a conviction for grand larceny should be set aside due to an allegedly defective information that charged a crime committed more than two years before the information was filed, in violation of the stat
• State ex rel. Albert B. Cahn v. Mason
  148 Fla. 264· Fla.· 1941-10-14 ·cited 61×
  Albert B. Cahn petitioned for habeas corpus after being held in contempt of court for failing to pay $439.83 to a bank per a divorce decree. The Florida Supreme Court held that a decree requiring payment of a pre-existing debt to a third party (the bank) cannot be enforced throug
• H. (Horace) Prior v. White
  132 Fla. 1· Fla.· 1938-04-06 ·cited 61×
  The Florida Supreme Court held that a city ordinance prohibiting solicitors from uninvited entry onto private residences was unconstitutional as applied to house-to-house sales solicitors, finding no factual basis for declaring such solicitation a public nuisance and violating th
• Lehman v. Sawyer
  106 Fla. 396· Fla.· 1932-08-06 ·cited 61×
  Alfred Sawyer sought habeas corpus relief challenging his detention under a criminal information charging him with unlawfully catching fish using improper equipment in Florida waters. The Florida Supreme Court reversed the circuit court's discharge order, holding that habeas corp
• Labrant D. Dennis v. State
  109 So. 3d 680· Fla.· 2012-12-20 ·cited 60×·via Writ Of Habeas Corpus
  Labrant Dennis was convicted of two counts of first-degree murder and sentenced to death for beating two University of Miami football players to death with a sawed-off shotgun in 1996. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion and habea
• Bell v. State
  965 So. 2d 48· Fla.· 2007-06-07 ·cited 60×
  Michael Bell was convicted of two counts of first-degree murder and sentenced to death. Bell appealed the circuit court's denial of his Rule 3.850 postconviction motion claiming ineffective assistance of trial counsel and filed a petition for writ of habeas corpus. The Florida Su
• Hodges v. State
  885 So. 2d 338· Fla.· 2004-10-14 ·cited 60×
  George Michael Hodges sought review of a circuit court's denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for a writ of habeas corpus in a death penalty case. The Florida Supreme Court affirmed the denial of postconviction relief and den
• State v. Paul
  783 So. 2d 1042· Fla.· 2001-03-29 ·cited 60×
  The Florida Supreme Court held that a trial court's discretion to deny a subsequent bond application after a defendant breaches a bond condition is circumscribed by the statutory criteria in section 907.041, not by the court's inherent authority. The decision resolves a conflict
• Gregory v. Rice
  727 So. 2d 251· Fla.· 1999-02-11 ·cited 60×
  The Florida Supreme Court addressed the wrongful incarceration of Anthony Gregory for failure to pay child support, holding that courts must make a proper finding that a contemnor has the present ability to pay before imposing civil contempt sanctions, particularly incarceration.
• Davidson J. James v. Singletary
  957 F.2d 1562· 11th Cir.· 1992-03-30 ·cited 60×·via Federal Habeas Corpus
  Davidson James, a Florida death row inmate convicted of first-degree murder, attempted murder, and armed robbery, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254. The Eleventh Circuit held that James's Brady claim regarding withheld evidence failed because he d
• Atkins v. Dugger
  541 So. 2d 1165· Fla.· 1989-04-13 ·cited 60×
  Phillip Atkins, a death row inmate, sought habeas corpus relief and review of the trial court's denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court affirmed the denial of all relief, finding that most claims were procedurally barred and that Atkin
• Spencer v. Kemp
  781 F.2d 1458· 11th Cir.· 1986-01-23 ·cited 60×
  The petitioner is entitled to federal habeas review of his jury selection claim because he presented the objection seasonably to the trial court.
• Thomas v. Louie L. Wainwright
  767 F.2d 738· 11th Cir.· 1985-07-17 ·cited 60×
  The court held that a defendant's persistent, unreasonable refusal to communicate with counsel can constitute a waiver of the right to effective assistance of counsel, and that counsel's strategic decisions made in light of the defendant's silence were not ineffective.
• Collins v. A.L. Lockhart
  754 F.2d 258· 8th Cir.· 1985-01-31 ·cited 60×
  The court held that while the conviction was valid, the death sentence must be vacated because the 'pecuniary gain' aggravating circumstance duplicated an element of the underlying capital felony murder charge (robbery), thus failing to narrow the class of eligible defendants as
• Smith v. State
  457 So. 2d 1380· Fla.· 1984-10-11 ·cited 60×·via Writ Of Habeas Corpus
  Frank Smith, convicted of first-degree murder and sentenced to death, appealed the denial of post-conviction relief under Florida Rule 3.850 and filed a habeas corpus petition challenging his trial and appellate counsel's effectiveness. The Florida Supreme Court affirmed the deni
• Holleman v. Duckworth
  700 F.2d 391· 7th Cir.· 1983-02-18 ·cited 60×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the admissibility of the confessions.
• Washington v. Estelle
  648 F.2d 276· 5th Cir.· 1981-06-16 ·cited 60×
  The court held that the appellant's claims of procedural default, ineffective assistance of counsel, and magistrate violations lacked constitutional merit, affirming the denial of his habeas corpus petition.
• Forman v. Smith
  633 F.2d 634· 2d Cir.· 1980-10-08 ·cited 60×·via Habeas Corpus Jurisdiction
  The court held that the Wainwright v. Sykes 'cause and prejudice' standard applies to constitutional claims omitted from a direct appeal, and that the petitioner failed to demonstrate sufficient cause or prejudice.
• Dunn v. Perrin
  570 F.2d 21· 1st Cir.· 1978-02-02 ·cited 60×
  The court held that the jury instructions on reasonable doubt contained multiple misstatements that violated constitutional standards, requiring reversal of the district court's denial of habeas corpus.
• Rickenbacker v. The Warden
  550 F.2d 62· 2d Cir.· 1976-12-22 ·cited 60×
  The dissenting judge believes that the defense counsel's performance was not reasonably competent, contrary to the majority's view.
• DeBERRY v. Wolff
  513 F.2d 1336· 8th Cir.· 1975-04-11 ·cited 60×
  A claim regarding a trial court's refusal to instruct on a lesser included offense is not cognizable in federal habeas corpus unless it rises to the level of a constitutional violation. Allegations of knowing use of false testimony or suppression of evidence were not supported by
• Dixon v. Jacobs
  427 F.2d 589· D.C. Cir.· 1970-02-05 ·cited 60×
  The court held that a petition for habeas corpus by a mental patient seeking release cannot be dismissed as repetitive if the grounds were not adequately heard and determined within six months preceding the new application.
• Jarrett v. Hon. Stanley Resor
  426 F.2d 213· 9th Cir.· 1970-01-23 ·cited 60×
  The court held that the district court correctly dismissed the action for lack of jurisdiction, as the plaintiff was not in custody within the territorial jurisdiction of the court for habeas corpus purposes, and the action could not be construed as a mandamus action.
• Williams v. United States
  416 F.2d 1064· 8th Cir.· 1969-10-09 ·cited 60×
  The court held that a defendant is constitutionally entitled to representation by counsel on direct appeal, and the absence of such counsel requires a new appellate review. The court also held that the trial court did not abuse its discretion in denying motions for severance.