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

• Earnest v. Willingham
  406 F.2d 681· 10th Cir.· 1969-02-07 ·cited 60×
  An agency cannot provide retained counsel to financially able parolees while denying appointed counsel to indigent parolees at revocation hearings, as this violates due process.
• Nelson v. State
  208 So. 2d 506· Fla. 4th DCA· 1968-03-28 ·cited 60×
  Nelson was convicted of conspiracy, robbery, and assault and represented by public defender at trial. Years later, he filed a post-conviction motion for relief claiming ineffective assistance of counsel for failure to appeal, which the trial court denied and held him in contempt
• Lake v. Cameron
  364 F.2d 657· D.C. Cir.· 1966-05-19 ·cited 60×
• United States ex rel. Cleveland Thompson v. DYE
  221 F.2d 763· 3d Cir.· 1955-04-21 ·cited 60×
  A prosecutor's duty to disclose conflicting evidence depends on the specific facts of the case, particularly when the undisclosed evidence is likely to be persuasive to a jury.
• Kelly v. Dowd
  140 F.2d 81· 7th Cir.· 1944-01-31 ·cited 60×
  The court held that the District Court properly dismissed the petitioner's habeas corpus petition and injunction request because federal courts should not interfere with state judicial and administrative processes unless exceptional circumstances exist.
• Price v. Johnston
  125 F.2d 806· 9th Cir.· 1942-02-11 ·cited 60×
  A federal court may not grant a writ of habeas corpus to review alleged errors of law or fact occurring during a trial if the court had jurisdiction over the person and subject matter, as such errors are correctable only by direct appeal.
• Robinson v. Johnston
  118 F.2d 998· 9th Cir.· 1941-04-08 ·cited 60×·via Writ Of Habeas Corpus
• Raulerson v. Warden
  928 F.3d 987· 11th Cir.· 2019-06-28 ·cited 59×
  Billy Raulerson Jr., a Georgia death row inmate convicted of three murders, appealed the denial of his federal habeas corpus petition on grounds that his trial counsel was ineffective for failing to investigate and present mitigating evidence, that Georgia's requirement that he p
• COX v. State
  966 So. 2d 337· Fla.· 2007-07-05 ·cited 59×·via Writ Of Habeas Corpus
  Allen Cox appeals the denial of his motion to vacate his death sentence for the first-degree murder of fellow inmate Thomas Baker Jr., raising numerous claims of ineffective assistance of counsel and challenging the trial and penalty phases. The Florida Supreme Court upheld the c
• Lancelot Uriley Armstrong v. State
  862 So. 2d 705· Fla.· 2003-10-30 ·cited 59×·via Writ Of Habeas Corpus
  Lancelot Armstrong was convicted of first-degree murder, attempted murder of a law enforcement officer, and armed robbery in connection with the 1990 death of Deputy Greeney during an armed robbery at a restaurant. Armstrong's death sentence was vacated because the trial court re
• Groover v. Singletary
  656 So. 2d 424· Fla.· 1995-04-06 ·cited 59×·via Writ Of Habeas Corpus
  The court held that appellate counsel cannot be ineffective for failing to raise issues that are procedurally barred or without merit.
• Graham v. Solem
  728 F.2d 1533· 8th Cir.· 1984-03-05 ·cited 59×
  The court held that the admission of the victim's identification of Graham violated his due process rights due to impermissibly suggestive identification procedures that created a substantial likelihood of misidentification.
• Hutchins v. Wainwright
  715 F.2d 512· 11th Cir.· 1983-09-19 ·cited 59×
  The court held that the prosecutor's introduction of out-of-court statements from an unidentified informant, and reliance on those statements in closing argument, violated the defendant's Sixth Amendment right to confrontation, and this violation was not harmless error.
• Odell Aaron Hicks v. Louie L. Wainwright
  633 F.2d 1146· 5th Cir.· 1981-01-05 ·cited 59×
  The denial of a continuance to present the sole expert witness on an insanity defense violated due process and warranted a writ of habeas corpus.
• Garland Rex Brinlee, Jr. v. Crisp
  608 F.2d 839· 10th Cir.· 1979-11-01 ·cited 59×
  The court held that the petitioner failed to demonstrate a constitutional violation regarding pre-trial publicity, jury selection, the exclusion of veniremen, or the alleged haste and absence during trial, thus affirming the denial of habeas corpus relief.
• Gaines v. Hopper
  575 F.2d 1147· 5th Cir.· 1978-06-30 ·cited 59×
  The court held that the failure of trial counsel to conduct an adequate pre-trial investigation deprived the petitioner of constitutionally effective assistance of counsel.
• Hardwick v. Ault
  517 F.2d 295· 5th Cir.· 1975-08-08 ·cited 59×
  State prisoners are not required to exhaust state administrative remedies before bringing an action under 42 U.S.C. § 1983 for conditions of confinement.
• Brooks v. State OF Tex.
  381 F.2d 619· 5th Cir.· 1967-07-10 ·cited 59×
  The court held that the defendant was denied the effective assistance of counsel at his trial, rendering the trial a mockery of justice.
• State v. Sullivan
  157 Fla. 496· Fla.· 1946-05-28 ·cited 59×
  The Florida Supreme Court vacated a contempt conviction against attorney Vincent C. Giblin for filing an affidavit containing accusations against a circuit judge. The Court held that while certain statements in the affidavit may have been contemptuous, due process required that G
• Marshall v. Reams
  32 Fla. 499· Fla.· 1893-06-01 ·cited 59×
  In this habeas corpus dispute, the Florida Supreme Court reversed the lower court's award of custody of a minor to his uncle, holding that while the mother had the legal right to transfer custody to her brother, the child's welfare—including evidence of harsh treatment, his age a
• In re Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure
  132 So. 3d 734· Fla.· 2013-12-05 ·cited 58×
  The Florida Supreme Court adopted amendments to the Florida Rules of Criminal Procedure and Appellate Procedure governing postconviction relief, including modifications to rules on plea withdrawal, sentence correction, and collateral relief motions. The amendments aim to create g
• Pope v. Sec'y FOR the Dep't OF Corr.
  680 F.3d 1271· 11th Cir.· 2012-05-15 ·cited 58×
  Thomas Dewey Pope was convicted of three counts of first-degree murder and sentenced to death in Florida for the murder of Kristine Walters. The Eleventh Circuit affirmed the district court's denial of habeas relief on Pope's guilt-phase ineffective assistance of counsel claims,
• Preston v. State
  970 So. 2d 789· Fla.· 2007-05-31 ·cited 58×
  Preston appeals a trial court's denial of his Rule 3.850 motion for postconviction relief and petition for habeas corpus in his first-degree murder conviction and death sentence from 1978. The Florida Supreme Court affirms the denial of all postconviction claims, finding that new
• Ritter v. State
  885 So. 2d 413· Fla. 1st DCA· 2004-10-15 ·cited 58×
  James Ritter challenged his conviction-stage appellate counsel's effectiveness for failing to raise a sentencing issue on appeal. The court found that the trial judge impermissibly considered Ritter's refusal to admit guilt and lack of remorse as factors supporting a sentence abo
• Tompkins v. State
  872 So. 2d 230· Fla.· 2003-10-09 ·cited 58×
  Wayne Tompkins, sentenced to death for the 1985 murder of a 15-year-old girl, challenged his sentence on postconviction appeal after a death warrant was signed. The Florida Supreme Court affirmed the denial of his Brady claims and DNA testing motion but reversed the trial court's
• Mann v. Moore
  794 So. 2d 595· Fla.· 2001-07-12 ·cited 58×
  Larry Mann, convicted in 1982 and sentenced to death for kidnapping and murdering a ten-year-old girl, petitioned for a writ of habeas corpus challenging his death sentence. The Florida Supreme Court denied the petition, finding all of Mann's claims either meritless or procedural
• Remeta v. Dugger
  622 So. 2d 452· Fla.· 1993-04-15 ·cited 58×·via Writ Of Habeas Corpus
  Daniel Eugene Remeta, sentenced to death for murder and robbery of a convenience store clerk, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 and habeas corpus, raising sixteen claims of ineffective assistance of counsel and procedural violations. The
• Magill v. Dugger
  824 F.2d 879· 11th Cir.· 1987-07-28 ·cited 58×
  The court held that the death sentence must be vacated due to ineffective assistance of counsel during the guilt and penalty phases, and the jury's failure to consider non-statutory mitigating circumstances.
• Milton v. Procunier
  744 F.2d 1091· 5th Cir.· 1984-10-10 ·cited 58×·via Federal Habeas Corpus
  The court, through a concurring opinion, suggests that while counsel's failure to present mitigating evidence may not meet the Sixth Amendment's Strickland standard for ineffective assistance, it could still violate Eighth Amendment concerns regarding arbitrary capital sentencing
• Jones v. State
  446 So. 2d 1059· Fla.· 1984-02-02 ·cited 58×
  Leslie Jones, under a death sentence, appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and motion to disqualify the trial judge. The Florida Supreme Court affirms both denials, holding that the trial judge's comments and compensation decisions d
• Wallace v. A.L. Lockhart
  701 F.2d 719· 8th Cir.· 1983-03-07 ·cited 58×
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims were either procedurally barred, lacked merit, or failed to demonstrate prejudice or a constitutional violation.
• Huffman v. Louie L. Wainwright
  651 F.2d 347· 5th Cir.· 1981-07-20 ·cited 58×
  The court held that the denial of habeas corpus relief must be reversed and remanded for an evidentiary hearing to determine if the petitioner waived his claim of an unconstitutionally selected jury due to procedural default, or if the 'cause and prejudice' exception applies.
• Lovett v. State
  627 F.2d 706· 5th Cir.· 1980-10-08 ·cited 58×
  The court held that the denial of the writ of habeas corpus was proper because the petitioner's trial counsel provided reasonably effective assistance.
• United States ex rel. Thomas Trantino v. Hatrack
  563 F.2d 86· 3d Cir.· 1977-08-01 ·cited 58×
  The court held that a state prosecutor cannot waive the federal habeas corpus exhaustion requirement, and the petitioner failed to exhaust state remedies for his Brady claim.
• Park v. H. T. (Tommy) Huff
  506 F.2d 849· 5th Cir.· 1975-01-20 ·cited 58×
  The majority opinion misunderstands the Confrontation Clause by allowing hearsay statements from unavailable witnesses to be admitted against the defendant.
• United States v. Simeon Jessamy Coke
  404 F.2d 836· 2d Cir.· 1968-11-27 ·cited 58×
  The court adopts new rules to prevent judges from imposing more severe sentences after a defendant exercises their right to appeal, unless justified by new conduct or facts.
• Captain Dale E. Noyd v. Honorable Robert S. McNAMARA
  378 F.2d 538· 10th Cir.· 1967-05-16 ·cited 58×·via Writ Of Habeas Corpus
  The court held that federal courts lack jurisdiction to review military assignments or grant relief to a service member seeking conscientious objector status before exhausting all military remedies.
• Reddick v. State
  190 So. 2d 340· Fla. 2d DCA· 1966-08-10 ·cited 58×
  William Reddick was convicted of first-degree murder and sentenced to death after pleading guilty. The court reversed and remanded because Reddick's guilty plea was induced by coercion and misapprehension—specifically, the trial judge improperly orchestrated a commitment from the
• Maxwell v. Stephens
  348 F.2d 325· 8th Cir.· 1965-06-30 ·cited 58×
  The court should have suppressed the coat as evidence because its seizure violated the appellant's Fourth Amendment rights.
• Collins v. Beto
  348 F.2d 823· 5th Cir.· 1965-06-18 ·cited 58×
• United States ex rel. Louis von Cseh v. FAY
  313 F.2d 620· 2d Cir.· 1963-02-18 ·cited 58×
  The court held that the delay in bringing the appellant to trial did not violate his due process rights because the delay was justified by the unavailability of a key witness and the appellant suffered no prejudice from the delay.
• United States v. Morton Sobell
  314 F.2d 314· 2d Cir.· 1963-02-06 ·cited 58×
  The court held that Sobell's motion for post-conviction relief based on the 'Grünewald ground' failed because the issue was not of constitutional dimension for him and could have been raised on direct appeal. The 'in time of war' ground also failed as the jury was not specificall
• Jones v. Cunningham
  313 F.2d 347· 4th Cir.· 1963-01-16 ·cited 58×
  The court held that the late appointment of counsel and the attorney's failure to investigate potential defenses or object to illegal convictions constituted ineffective assistance of counsel, violating the defendant's constitutional rights.
• Curran v. State OF Del.
  259 F.2d 707· 3d Cir.· 1958-09-29 ·cited 58×·via Habeas Corpus Proceedings
  The knowing false testimony of a police detective, coupled with the destruction of other statements, denied defendants due process of law, rendering their trial fundamentally unfair.
• Nat Yanish v. Barber
  232 F.2d 939· 9th Cir.· 1956-04-02 ·cited 58×
  The court held that the district judge's findings of "technical contempt" and "good faith" were unwarranted given prior rulings.
• Crow v. United States
  186 F.2d 704· 9th Cir.· 1950-12-20 ·cited 58×
  A motion to vacate a sentence under 28 U.S.C. § 2255 is premature if the prisoner has not yet begun serving that sentence, even if they are currently serving another sentence.
• Evans v. Rives
  126 F.2d 633· D.C. Cir.· 1942-02-21 ·cited 58×
  A conviction obtained in violation of an accused's Sixth Amendment right to counsel, whether through failure to appoint counsel or lack of a competent and intelligent waiver, is void and subject to collateral attack via habeas corpus.
• State v. McLeod
  126 Fla. 229· Fla.· 1936-11-18 ·cited 58×
  In this habeas corpus case, the Florida Supreme Court held that an indefinite commitment order for civil contempt for failure to pay alimony is void because it does not establish that the defendant has the present ability to comply with the underlying court order. The court estab
• Smith v. Comm'r, Ala. Dep't of Corr.
  67 F.4th 1335· 11th Cir.· 2023-05-19 ·cited 57×·via Habeas Corpus Relief
  Joseph Clifton Smith, convicted of capital murder, challenged his death sentence on the grounds that he is intellectually disabled, which would render the sentence unconstitutional under the Eighth Amendment under the principle established in Atkins v. Virginia. The Eleventh Circ
• Holland v. Florida
  11th Cir.· 2010-06-14 ·cited 57×
  Equitable tolling is available under AEDPA, and attorney misconduct not attributable to the petitioner, such as abandonment, can constitute extraordinary circumstances.