Habeas Corpus

18,784 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Lewis v. Henderson
  356 F.2d 105· 6th Cir.· 1966-02-03 ·cited 9×
  The court held that it has discretion to deny a motion for release on recognizance pending appeal in a habeas corpus case, and that such denial is appropriate under the circumstances.
• Chase v. Page
  343 F.2d 167· 10th Cir.· 1965-03-18 ·cited 9×
  The failure of state courts to address a petitioner's constitutional right to appeal, particularly regarding financial inability to secure counsel or a record, deprives him of fundamental rights cognizable in federal habeas corpus.
• Martin v. Spradley
  341 F.2d 89· 5th Cir.· 1965-01-26 ·cited 9×
  The court held that the federal district court correctly dismissed the petition for writ of habeas corpus because the petitioner had not exhausted his available state remedies.
• Downing v. The NEW Mexico State Supreme Court
  339 F.2d 435· 10th Cir.· 1964-12-16 ·cited 9×
  The court held that the trial court properly dismissed the petition without a hearing as it failed to establish any grounds for relief.
• Osborn v. United States
  322 F.2d 835· 5th Cir.· 1963-09-10 ·cited 9×
  The Unjust Conviction Statute applies to court-martial convictions, but the plaintiff failed to meet the statutory requirements for recovery by not proving innocence or that his acts constituted no offense.
• Shenk v. Shenk
  126 So. 2d 286· Fla. 3d DCA· 1961-01-23 ·cited 9×
  In this habeas corpus custody appeal, a Florida court affirmed a judgment awarding custody of two minor children to their father based on a valid Ohio custody order, despite the mother's removal of the children to Florida in violation of the original divorce decree's jurisdiction
• United States ex rel. Vito D'Amico v. Earle Bishopp
  286 F.2d 320· 2d Cir.· 1961-01-23 ·cited 9×
  An order remanding an extradition proceeding to a commissioner for further findings is not a final, appealable order.
• Houston v. Ellis
  252 F.2d 186· 5th Cir.· 1958-02-25 ·cited 9×
  The court held that a factual dispute regarding counsel's presence at sentencing requires a hearing, and the district court improperly denied the habeas corpus petition without one.
• United States ex rel. Harrison Stewart v. Ragen
  231 F.2d 312· 7th Cir.· 1956-03-20 ·cited 9×
  The court held that a pro se petitioner's motions for a certificate of probable cause and leave to appeal in forma pauperis must be denied due to the absence of federal jurisdiction, as state remedies were not exhausted.
• United States ex rel. Rongetti v. Neelly
  207 F.2d 281· 7th Cir.· 1953-09-29 ·cited 9×
  The court held that the plaintiff failed to provide sufficient evidence to support his claim of U.S. citizenship, and thus, the denial of his habeas corpus petition and subsequent deportation order were proper.
• Stumpf v. Matthews
  195 F.2d 25· D.C. Cir.· 1951-07-02 ·cited 9×
  The court held that despite counsel's failure to meet filing deadlines due to inexcusable neglect, the appeal would be heard due to a substantial question involving the appellant's liberty, exercising discretion under Rule 73(a).
• McINTOSH v. Steele
  184 F.2d 721· 8th Cir.· 1950-10-24 ·cited 9×
  The court held that the habeas corpus petition was properly dismissed because the appellant was still serving a prior, valid sentence, and the validity of the challenged sentence had already been settled.
• Smith v. Smith
  160 Fla. 870· Fla.· 1948-10-01 ·cited 9×
  In this child custody appeal, the Florida Supreme Court affirmed a trial court's award of primary custody of a minor child to her mother (eleven months per year) rather than her father (one month per year), rejecting the father's argument that courts should prefer fathers when bo
• Kenion v. Gill
  D.D.C.· 1946-04-22 ·cited 9×
  The court held that the inadequacy of the jury charge, while potentially erroneous, did not rise to the level of a denial of due process sufficient to warrant habeas corpus relief.
• Miller v. Sanford
  150 F.2d 637· 5th Cir.· 1945-07-11 ·cited 9×
  The court held that the evidence did not show the defendant was deprived of his right to appeal, despite the difficulties encountered in filing the notice of appeal.
• Craton v. DeWITT Sinclair
  156 Fla. 341· Fla.· 1945-07-10 ·cited 9×
  The court held that the state can enforce a judgment despite a delay in taking the appellant into custody, as the delay was not the state's fault.
• State v. Lillia N. G. Frear
  155 Fla. 479· Fla.· 1945-01-23 ·cited 9×
  The Florida Supreme Court dismissed the State's appeal from a bail order, holding that the State lacks statutory authority to appeal a trial court's discretionary decision to admit a defendant to bail after a mistrial. The court clarified that such discretionary bail decisions ar
• Gillman v. Chapman
  150 Fla. 724· Fla.· 1942-06-12 ·cited 9×
  Petitioner sought habeas corpus relief, challenging consecutive sentences for forgery and uttering a forgery, arguing that the second sentence's start date was improperly tied to the completion of the first, which had already been served.
• Cancela v. State
  147 Fla. 500· Fla.· 1941-06-13 ·cited 9×
  The Florida Supreme Court upheld the Circuit Court's decision to reverse and remand a criminal conviction where the trial court failed to enter a proper judgment of conviction before imposing sentence, even though the record showed no reversible trial error. The Court held that a
• State ex rel William Hough v. Woodruff
  147 Fla. 299· Fla.· 1941-05-27 ·cited 9×
  A member of Jehovah's Witnesses challenged his conviction under a Tampa ordinance requiring permits to distribute religious literature, arguing the ordinance violated his First Amendment rights. The Florida Supreme Court held that the ordinance did not apply to religious pamphlet
• State v. Coleman
  133 Fla. 717· Fla.· 1938-07-30 ·cited 9×
  A Florida man was arrested for cleaning and pressing a suit for 39 cents, violating a Dry Cleaning and Laundry Board order setting a 65-cent minimum. The Florida Supreme Court held that the statute's criminal penalty provision unconstitutionally created a new criminal offense not
• Armstrong v. Couch
  130 Fla. 615· Fla.· 1938-01-14 ·cited 9×
  The Florida Supreme Court held that informations filed by a State Attorney from the Eighth Judicial Circuit in Volusia County (Seventh Circuit) were null and void because the Governor's executive order authorizing him to act had expired by the time the informations were filed, as
• State v. Coleman
  129 Fla. 880· Fla.· 1937-11-06 ·cited 9×
  Mack Claire was convicted of perjury for allegedly giving false testimony at trial in a murder case. On habeas corpus review, he challenged the sufficiency of the information, arguing it failed to allege that the court had jurisdiction over the underlying trial. The Florida Supre
• State v. Emmett Ferrell
  130 Fla. 26· Fla.· 1937-11-06 ·cited 9×
  This case challenges the constitutionality of Senate Bill No. 150, which transferred criminal trial jurisdiction over misdemeanors from Justices of the Peace to County Judges in Florida counties with populations under 50,000. The Florida Supreme Court upheld the statute as a vali
• State v. Mayo
  128 Fla. 843· Fla.· 1937-07-29 ·cited 9×
  Petitioner Stoutamire challenged his illegal detention following conviction for grand larceny. The trial court imposed an additional five-year sentence based on two prior petit larceny convictions, characterizing him as a common and notorious thief. The Florida Supreme Court held
• Jones v. Mayo
  126 Fla. 523· Fla.· 1936-12-14 ·cited 9×
  The Florida Supreme Court reviewed an order it had previously issued, which directed Hillsborough County to pay the costs for Michael C. Jones's application for a writ of certiorari to the U.S. Supreme Court. The court ultimately vacated its prior order, finding no legal authorit
• State v. Coleman
  126 Fla. 203· Fla.· 1936-11-18 ·cited 9×
  This case concerns whether installing telephone service for a known gaming house constitutes aiding and abetting a crime. The court held that simply providing a utility service, even with knowledge of its potential illegal use, does not make the provider an accessory before the f
• Jones v. King
  120 Fla. 87· Fla.· 1935-06-14 ·cited 9×
  In this habeas corpus proceeding, the Florida Supreme Court held that a circuit judge must issue a writ of habeas corpus in response to a petition challenging a criminal contempt adjudication, rather than summarily denying it. The Court reversed the lower court's refusal to issue
• Myers v. Stewart
  117 Fla. 173· Fla.· 1934-11-07 ·cited 9×
  A father sought habeas corpus to recover custody of his ten-year-old son from the child's legally appointed guardian aunt. The Florida Supreme Court affirmed the lower court's decision to maintain the aunt's guardianship while granting the father summer and Christmas visitation,
• Spencer v. Gomez
  114 Fla. 688· Fla.· 1934-05-05 ·cited 9×
  The Florida Supreme Court reversed a habeas corpus discharge where a defendant was held on an information that the county solicitor had marked filed but immediately withdrawn and kept in secret for five years before docketing. The court held that while an information valid on its
• Chapman v. Parrish
  114 Fla. 612· Fla.· 1934-04-26 ·cited 9×
  In this habeas corpus proceeding, the Florida Supreme Court reversed the discharge of T. J. Parrish from custody, holding that although his sentencing judgment contained formal defects in adjudicating guilt, the recital that he 'stands convicted' constitutes a sufficient attempte
• Crosby v. Chapman
  114 Fla. 19· Fla.· 1934-02-19 ·cited 9×
  The petitioner sought release from prison via habeas corpus, arguing the informations used for his conviction were defective. The court denied his petition, holding that the alleged defect was not grounds for habeas corpus relief as it did not render the charged offense a nullity
• Ex Parte. Woodrow Cribbs
  109 Fla. 286· Fla.· 1933-03-24 ·cited 9×
  This habeas corpus case clarifies when a new bail amount set by a higher court supersedes a bail bond previously posted with a lower court. The court held that a new capias and bail order from a higher court, after an information is filed, lawfully terminates the prior bail.
• Cooper v. Lipscomb
  97 Fla. 668· Fla.· 1929-04-30 ·cited 9×
  This case involves a petitioner seeking release via habeas corpus, arguing the statute under which he was arrested was unconstitutional. The court reversed the lower court's decision, finding the affidavit and warrant fatally defective for failing to allege a criminal offense, th
• Clements v. State
  59 F.4th 1204· 11th Cir.· 2023-02-09 ·cited 8×
  Louis Matthew Clements appealed the dismissal of his federal habeas corpus petition, arguing that Florida's lifetime sex offender registration and reporting requirements placed him "in custody" within the meaning of 28 U.S.C. § 2254(a), thereby granting federal courts jurisdictio
• Seme v. State
  86 So. 3d 1133· Fla. 3d DCA· 2021-08-25 ·cited 8×
  A petition for writ of habeas corpus seeking leave to file a belated postconviction motion based on retained counsel's neglect must be filed no more than two years after the expiration of the original postconviction filing deadline under Florida Rule of Criminal Procedure 3.850(b
• Jenkins v. Inch
  959 So. 2d 737· Fla. 3d DCA· 2020-10-21 ·cited 8×
  The appellate court denied Derrick Jenkins' petition for habeas corpus relief, finding his claims meritless. Due to his extensive history of filing unsuccessful and successive appeals, the court issued an order to show cause why he should not be prohibited from filing further pro
• Jefferson v. GDCP Warden
  941 F.3d 452· 11th Cir.· 2019-10-17 ·cited 8×
  Jefferson was convicted of felony murder in 1986 and sentenced to death by a Georgia jury, but on federal habeas review, the Eleventh Circuit found that his trial counsel provided ineffective assistance during sentencing by failing to investigate his traumatic childhood head inju
• Holmes v. State
  245 So. 3d 857· Fla. 3d DCA· 2018-01-24 ·cited 8×
  A life sentence does not constitute an unconstitutionally indefinite term of imprisonment under Article I, Section 17 of the Florida Constitution.
• Ellerbee v. State
  232 So. 3d 909· Fla.· 2017-12-21 ·cited 8×
  Terry Marvin Ellerbee, Jr. was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion challenging his guilt-phase conviction but granted a new penalty phase proceeding due to unconstitutional
• Marshall v. Jones
  226 So. 3d 211· Fla.· 2017-05-04 ·cited 8×
• Bradford B. Banks, Jr. v. State
  211 So. 3d 1104· Fla. 5th DCA· 2017-02-17 ·cited 8×
  The court held that a motion to correct an illegal sentence under rule 3.800(a) cannot address challenges to convictions, only the sentence itself, and that double jeopardy claims attacking convictions must be raised in a timely rule 3.850 motion or direct appeal.
• Jones v. State
  198 So. 3d 920· Fla. 5th DCA· 2016-07-29 ·cited 8×
  Willie James Jones appealed the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) and his amended habeas corpus petition. The court reversed because the denial order lacked the required copies of court records necessary to suppo
• Carroll v. State
  192 So. 3d 525· Fla. 1st DCA· 2016-05-03 ·cited 8×
  The appellate court affirmed the denial of the petition for writ of habeas corpus, treating it as a motion for postconviction relief.
• Clark v. Crews
  159 So. 3d 122· Fla.· 2014-11-20 ·cited 8×
  The court held that the petitioner's habeas corpus petition was frivolous and sanctions are warranted due to his excessive meritless filings.
• Farr v. State
  124 So. 3d 766· Fla.· 2012-11-29 ·cited 8×
  Victor Marcus Farr challenges his death sentence conviction by appealing the trial court's denial of his Rule 3.851 motion for post-conviction relief and filing a habeas corpus petition. The Florida Supreme Court affirms the denial of post-conviction relief and denies the habeas
• Alfio Gentile v. State
  87 So. 3d 55· Fla. 4th DCA· 2012-04-18 ·cited 8×
  Alfio Gentile, convicted of attempted first-degree murder for bludgeoning his wife with a hammer, filed a habeas corpus petition raising the same meritless claim he had repeatedly asserted in prior filings—that his conviction should not have been reclassified as a life felony bec
• Bryant v. State
  102 So. 3d 660· Fla. 2d DCA· 2012-01-06 ·cited 8×
  Bryant appeals the dismissal of his second rule 3.850 postconviction motion for lack of jurisdiction, filed while his first postconviction appeal was pending. The Second District Court of Appeal reverses, holding that trial courts have concurrent jurisdiction to consider new post
• Donat Simeus v. Rambosk
  100 So. 3d 2· Fla. 2d DCA· 2011-08-10 ·cited 8×
  Donat Simeus petitioned for a writ of habeas corpus challenging the revocation of his pretrial release and pretrial detention ordered by the trial court. The Florida Second District Court of Appeal granted the petition, holding that the trial court's reliance on an unsworn supple
• Buss v. Reichman
  53 So. 3d 339· Fla. 4th DCA· 2011-01-12 ·cited 8×
  The Florida Fourth District Court of Appeal reversed a habeas corpus order granting a prisoner's immediate release, holding that the prisoner's challenge to the execution order of his consecutive state and federal sentences was procedurally barred because it had already been deci