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

• Micah Louis Nelson v. State
  43 So. 3d 20· Fla.· 2010-04-29 ·cited 57×
  Micah Nelson appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in his capital murder case. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assistance of counsel claims and denied his habeas petiti
• Price v. State
  995 So. 2d 401· Fla.· 2008-10-08 ·cited 57×
  Herbert Price challenges his sexual battery conviction, arguing the charging information was fundamentally defective because it failed to allege an essential element of the crime. The Florida Supreme Court holds that the information adequately charged the offense by tracking the
• Seburt Nelson Connor v. State
  979 So. 2d 852· Fla.· 2007-11-15 ·cited 57×
  Seburt Nelson Connor appeals the circuit court's denial of his Rule 3.851 post-conviction motion and petitions for a writ of habeas corpus following his conviction for two counts of first-degree murder and sentences of life imprisonment and death. The Florida Supreme Court affirm
• Stovall v. Sergeant William Cooper
  860 So. 2d 5· Fla. 2d DCA· 2003-08-27 ·cited 57×
  An inmate appealed a trial court's order transferring his complaint from Polk County to Leon County. The court affirmed, holding that petitions for writs of mandamus against the Florida Department of Corrections must be filed in Leon County where the Department maintains its head
• Jackson v. State
  704 So. 2d 500· Fla.· 1997-11-06 ·cited 57×·via Writ Of Habeas Corpus
  Andrea Jackson appeals her death sentence for the 1983 murder of a Jacksonville police officer. The Florida Supreme Court affirms the conviction and the cold, calculated, and premeditated aggravator, but vacates the sentence and remands for resentencing because the trial court fa
• McCULLOUGH v. Singletary
  967 F.2d 530· 11th Cir.· 1992-08-03 ·cited 57×
  Alonzo McCullough, convicted of first-degree burglary and sexual assault as an adult at age seventeen, challenged his life sentence without parole on habeas corpus, arguing that enhancement of his sentence based on four prior juvenile convictions violated due process, shocked the
• Norris v. Risley
  878 F.2d 1178· 9th Cir.· 1989-06-30 ·cited 57×
  The court held that the trial court's failure to assess the potential prejudice from spectators wearing 'Women Against Rape' buttons, instead relying on a standard of imminent threat, was an incorrect legal standard, and thus a federal evidentiary hearing is required.
• Offet v. Solem
  823 F.2d 1256· 8th Cir.· 1987-07-13 ·cited 57×
  The dissent argues that the exhaustion requirement of 28 U.S.C. § 2254 does not apply to 42 U.S.C. § 1983 actions seeking monetary damages, even if the claim relates to the validity of good-time credit deprivation.
• Cartwright v. Maynard
  822 F.2d 1477· 10th Cir.· 1987-06-22 ·cited 57×
  Reliance on an unconstitutionally vague or overbroad statutory aggravating circumstance requires vacating the death sentence, especially when the state courts do not reweigh circumstances on appeal.
• Tucker v. Kemp
  802 F.2d 1293· 11th Cir.· 1986-09-29 ·cited 57×
  The court held that the prosecutor's improper comments during the sentencing phase did not render the proceeding fundamentally unfair, as the jury understood its sole responsibility for the sentencing decision.
• Funchess v. Louie L. Wainwright
  772 F.2d 683· 11th Cir.· 1985-09-16 ·cited 57×
  The dissenting judge would reverse the district court's judgment, finding ineffective assistance of counsel and an arbitrary imposition of the death sentence.
• Tucker v. Kemp
  762 F.2d 1480· 11th Cir.· 1985-05-31 ·cited 57×
  The majority's conclusion that the prosecutorial argument did not affect the reliability and fairness of the sentencing proceeding is disagreed with.
• Mattheson v. King
  751 F.2d 1432· 5th Cir.· 1985-01-22 ·cited 57×
  The court held that the defendant failed to demonstrate ineffective assistance of counsel and that the jury selection process was constitutional. Therefore, the district court's denial of habeas corpus relief is affirmed.
• Espey v. Louie L. Wainwright
  734 F.2d 748· 11th Cir.· 1984-06-18 ·cited 57×
  The district court abused its discretion by dismissing the habeas petition without allowing the petitioner to amend it to delete an unexhausted claim.
• Kathie Boudin v. Thomas
  732 F.2d 1107· 2d Cir.· 1984-04-17 ·cited 57×
  The court held that attorney's fees under the Equal Access to Justice Act (EAJA) are not available for habeas corpus petitions, but may be available for other civil actions against the government. The court also found the government's litigation position regarding contact visits
• Bell v. Watkins
  692 F.2d 999· 5th Cir.· 1982-12-06 ·cited 57×
  The court held that the trial court's sentencing instructions were constitutionally inadequate, requiring reversal of the federal district court's judgment denying habeas corpus relief on that ground. However, the court affirmed the denial of relief regarding the constitutionalit
• Greene v. Louis Wainwright & the Attorney Gen. of the State of Fla.
  634 F.2d 272· 5th Cir.· 1981-01-15 ·cited 57×
  The court held that prohibiting cross-examination into a key witness's potential bias or mental instability violated the defendant's Sixth Amendment right to confrontation.
• Cobb v. Louie L. Wainwright
  609 F.2d 754· 5th Cir.· 1980-01-09 ·cited 57×·via Federal Habeas Corpus
  The court held that even if a prosecutor's argument was inflammatory, it does not automatically constitute a denial of due process required for federal habeas relief under 28 U.S.C. § 2254.
• Messelt v. State OF Ala.
  595 F.2d 247· 5th Cir.· 1979-05-17 ·cited 57×
  The court held that the attorney's egregious conduct, including suggesting reindictment for leverage and proposing participation in a drug scheme, violated the petitioner's due process rights and rendered his trials fundamentally unfair.
• Caver v. State OF Ala.
  577 F.2d 1188· 5th Cir.· 1978-08-08 ·cited 57×
  The majority incorrectly held that the petitioner had a full and fair opportunity to litigate his Fourth Amendment claim in state court, contrary to precedent.
• Wright v. Estelle
  572 F.2d 1071· 5th Cir.· 1978-05-10 ·cited 57×
• Barnard v. Henderson
  514 F.2d 744· 5th Cir.· 1975-06-12 ·cited 57×
  The court held that denying a defendant the opportunity to have his own ballistics expert examine the murder weapon and bullet, and excluding testimony of a witness who inadvertently violated the sequestration rule, violated due process.
• Petition of Josette Geisser v. United States
  513 F.2d 862· 5th Cir.· 1975-05-27 ·cited 57×
  The court held that the government's failure to fulfill its plea bargain promises regarding deportation and sentence, despite the defendant's crucial cooperation, necessitates further proceedings to determine the appropriate remedy.
• Parker v. Estelle
  498 F.2d 625· 5th Cir.· 1974-08-05 ·cited 57×
  The court affirmed the denial of habeas corpus relief, holding that the petitioner was not denied credit for time spent in a mental hospital and that his other claims lacked merit or were moot.
• Barnes v. Hunter
  188 F.2d 86· 10th Cir.· 1951-03-21 ·cited 57×
  A federal prisoner seeking relief under 28 U.S.C. § 2255 cannot pursue a habeas corpus petition if the sentencing court has already considered and denied the § 2255 motion, unless the § 2255 remedy is inadequate or ineffective.
• Di Pasquale v. Karnuth
  158 F.2d 878· 2d Cir.· 1947-01-11 ·cited 57×·via Writ Of Habeas Corpus
  An alien's re-entry into the United States requires intent to enter, and mere passage through the country without knowledge does not constitute an 'entry' for deportation purposes.
• Sellers v. Bridges
  153 Fla. 586· Fla.· 1943-10-15 ·cited 57×
  James Sellers challenges his parole supervision via habeas corpus, arguing the underlying criminal charge was void because moonshine whiskey is not subject to the Florida Beverage Tax Act. The Florida Supreme Court holds that habeas corpus is available to a parolee whose underlyi
• Achtien v. Dowd
  117 F.2d 989· 7th Cir.· 1941-02-19 ·cited 57×
  A federal court cannot grant a writ of habeas corpus if the petitioner has not first exhausted available remedies in state court, even if the petitioner believes state remedies would be futile.
• Ex Parte: N. Vernon Hawthorne. Ex Parte: Dan J. Mahoney
  116 Fla. 608· Fla.· 1934-06-01 ·cited 57×
  Two petitioners were charged with violating Florida's corrupt practices law by publishing charges against a political candidate within eighteen days of a primary election without prior notice. The Florida Supreme Court held that the statute applies only to tangible, written/visua
• Ex parte Bronk v. State
  43 Fla. 461· Fla.· 1901-06-01 ·cited 57×
  John Parker Bronk challenges his detention under a writ of ne exeat issued in an alimony/maintenance suit filed by his wife. The Florida Supreme Court affirms the lower court's denial of habeas corpus, holding that courts may issue a writ of ne exeat in maintenance actions before
• Mills v. State
  786 So. 2d 547· Fla.· 2001-04-25 ·cited 56×
  Gregory Mills, a death row inmate, appealed the trial court's denial of his Rule 3.850 postconviction relief motion, raising claims of newly discovered evidence regarding a codefendant's credibility, the constitutionality of the felony murder aggravator, and denial of public reco
• Davis v. State
  705 So. 2d 133· Fla. 5th DCA· 1998-01-30 ·cited 56×
  A juvenile can waive written findings for adult sanctions if the waiver is intelligent and knowing.
• Phillips v. State
  608 So. 2d 778· Fla.· 1992-09-24 ·cited 56×
  Harry Franklin Phillips, a death row inmate convicted of murder, appeals the denial of his Rule 3.850 postconviction motion. The Florida Supreme Court affirmed the conviction and guilt-phase claims but found trial counsel was ineffective for failing to present mental health mitig
• Smith v. Armontrout
  888 F.2d 530· 8th Cir.· 1989-10-17 ·cited 56×
  The court held that the petitioner's claims of ineffective assistance of counsel and an unconstitutionally vague aggravating circumstance were without merit, and denied the motion to remand.
• Laws v. Armontrout
  863 F.2d 1377· 8th Cir.· 1988-12-20 ·cited 56×
  The court held that the district court erred in granting habeas corpus relief based on an erroneous legal test for ineffective assistance of counsel and an unsupported assessment of the evidence.
• Walberg v. Israel
  766 F.2d 1071· 7th Cir.· 1985-07-01 ·cited 56×
  The dissenting judge believes the petitioner failed to prove denial of effective assistance of counsel, and that state court findings of fact should be presumed correct.
• Self v. Blackburn
  751 F.2d 789· 5th Cir.· 1985-01-31 ·cited 56×
  The court held that the state district court had jurisdiction to accept a juvenile's guilty plea to first-degree murder and that the prisoner's understanding of parole eligibility did not constitute a breached plea bargain.
• Collins v. Francis
  728 F.2d 1322· 11th Cir.· 1984-03-15 ·cited 56×
  The court held that the trial judge's jury instruction on intent, while erroneous, was harmless beyond a reasonable doubt because the defendant's intent to kill was not a contested issue. The court also found that the statutory aggravating circumstance was properly applied and th
• Sullivan v. State
  441 So. 2d 609· Fla.· 1983-11-21 ·cited 56×
  Robert Sullivan, convicted of murder and sentenced to death in 1973, appeals the trial court's denial of his second Rule 3.850 motion for post-conviction relief and seeks various forms of habeas relief. The Florida Supreme Court affirms the denial of his motion and rejects his ha
• Hayward v. United States Parole Comm'n
  659 F.2d 857· 8th Cir.· 1981-09-18 ·cited 56×
  The court held that the Parole Commission did not violate statutory authority or the ex post facto clause by considering offense sophistication over institutional adjustment and by applying revised guidelines.
• Linton v. Perini
  656 F.2d 207· 6th Cir.· 1981-07-24 ·cited 56×
  The Sixth Amendment right to counsel of one's choice is violated when a trial court arbitrarily denies a reasonable request for a continuance, forcing the defendant to proceed with appointed counsel without adequate time for retained counsel to prepare.
• Mendiola v. Estelle
  635 F.2d 487· 5th Cir.· 1981-01-29 ·cited 56×
  The court held that the petitioner's claims regarding sentence enhancement, admissibility of prior convictions, and ineffective assistance of appellate counsel did not warrant federal habeas corpus relief.
• Ahssem Rifai v. United States Parole Comm'n & Warden
  586 F.2d 695· 9th Cir.· 1978-11-20 ·cited 56×
  The court held that neither the 1973 parole guidelines nor the 1976 statutory changes violated the ex post facto clause because the guidelines were procedural and the statutory changes did not inflict greater punishment.
• Rinehart v. Lou V. Brewer
  561 F.2d 126· 8th Cir.· 1977-08-19 ·cited 56×
  The court held that a 15-year-old defendant's guilty plea was involuntary due to inadequate explanations and immaturity, and that he received ineffective assistance of counsel and was denied an impartial tribunal.
• Zicarelli v. Gray
  543 F.2d 466· 3d Cir.· 1976-09-10 ·cited 56×
  The court did not definitively rule on the jury selection issue as it was not presented and the case's disposition made it unnecessary.
• Roddy v. Black
  516 F.2d 1380· 6th Cir.· 1975-05-27 ·cited 56×
  A state court's acceptance of a guilty plea is not constitutionally invalid for failing to establish a factual basis for the plea, nor for failing to explicitly advise the defendant of the maximum sentence, if the plea was otherwise voluntary and intelligent.
• Rice v. Wolff
  513 F.2d 1280· 8th Cir.· 1975-01-28 ·cited 56×
  The court held that a search warrant affidavit must establish probable cause on its face, and cannot be rehabilitated by post-search evidence not presented to the magistrate. It also held that the petitioner had exhausted his state remedies regarding the alternative ground for th
• Garafola v. Benson
  505 F.2d 1212· 7th Cir.· 1974-11-18 ·cited 56×
  The court held that the Parole Board's practice of ordinarily denying meaningful parole consideration before the one-third sentence mark for prisoners sentenced under 18 U.S.C. § 4208(a)(2) breaches its statutory duty.
• Menechino v. Oswald
  430 F.2d 403· 2d Cir.· 1970-08-05 ·cited 56×
  The Due Process Clause of the Fourteenth Amendment requires that a prisoner be allowed the assistance of retained counsel at his parole release hearing.
• Paszel v. Laird
  426 F.2d 1169· 2d Cir.· 1970-04-08 ·cited 56×
  The court held that a prima facie case for reopening classification does not mandate reopening for post-induction notice claims; a specific finding of changed status is required. The case was remanded for the district court to determine the board's basis for denial.