Habeas Corpus

18,785 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Slade v. Mayo
  153 Fla. 644· Fla.· 1943-11-02 ·cited 8×
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the sentence imposed on the petitioner for a second offense of violating a statute related to alcoholic beverages was lawful and within the statutory limits.
• Slaughter v. Wright
  135 F.2d 613· 4th Cir.· 1943-05-07 ·cited 8×
  The court held that the district judge did not abuse his discretion in denying a writ of habeas corpus without a hearing, as the petition itself did not demonstrate entitlement to the writ.
• Goldsmith v. Sanford
  132 F.2d 126· 5th Cir.· 1942-12-11 ·cited 8×
  The court held that a writ of habeas corpus is not the proper remedy to challenge the Parole Board's denial of parole or the sufficiency of an indictment after prior adverse rulings.
• Boone v. Boone
  132 F.2d 14· D.C. Cir.· 1942-11-30 ·cited 8×
  The District Court was correct in upholding the North Carolina custody order, as the circumstances had not substantially changed and the children's welfare was adequately provided for by the mother.
• Coates v. Lawrence
  131 F.2d 110· 5th Cir.· 1942-10-27 ·cited 8×
  The court held that the appellant's constitutional rights were not violated during his murder trial.
• Thomas v. Hudspeth
  127 F.2d 976· 10th Cir.· 1942-04-27 ·cited 8×
  A conviction on counts charging aiding and assisting in transportation is valid even if counts charging actual transportation for the same purpose result in acquittal, especially when sentences run concurrently.
• O'Connell ex rel. Kwong HAN FOO v. Ward
  126 F.2d 615· 1st Cir.· 1942-03-10 ·cited 8×
  The court held that discrepancies in the alleged father's prior statements regarding the relator's birth date constituted substantial evidence, and the Board's exclusion order based on this evidence did not deny the relator a fair hearing or due process.
• McCORD v. Page
  124 F.2d 68· 5th Cir.· 1941-12-08 ·cited 8×
  The court held that a soldier voluntarily enlisted cannot obtain release via habeas corpus for religious objections to duties, as it's an enforceable contract.
• FOX v. Sanford
  123 F.2d 334· 5th Cir.· 1941-10-31 ·cited 8×
  A state court acquittal does not bind the Board of Parole regarding conditional release violations, and courts cannot review the sufficiency of evidence for parole revocation in habeas corpus proceedings.
• Hernandez v. Hardy Graves
  148 Fla. 247· Fla.· 1941-10-07 ·cited 8×
  The Florida Supreme Court held that an "I.Q." or "Intelligence Quotient" coin-operated machine that dispenses cash prizes for correctly answering questions within a time limit constitutes a slot machine device in violation of Florida gaming statutes, because the player cannot kno
• Warring v. Huff
  122 F.2d 641· D.C. Cir.· 1941-07-29 ·cited 8×
  The Indeterminate Sentence Act does not apply to criminal contempt convictions because the nature of contempt sentencing falls outside the Act's intended scope.
• Steffler v. Johnston
  121 F.2d 447· 9th Cir.· 1941-06-25 ·cited 8×
  The court held that a statutory amendment, even without explicit reference to prior amendments, is to be construed as if it were part of the original statute from its inception.
• Young v. Stoutamire
  129 Fla. 805· Fla.· 1937-11-04 ·cited 8×
  Donald Young and Elsie Mae Young challenged their extradition to Indiana via habeas corpus, arguing the Governor's extradition warrant was invalid because it was not personally signed by the Governor and that the underlying requisition lacked sufficient basis. The Florida Supreme
• Glidden v. Honorable Nathan Mayo
  128 Fla. 237· Fla.· 1937-05-19 ·cited 8×
  This habeas corpus proceeding challenged the constitutionality of a statute and the sufficiency of an information charging robbery. The court found the statute constitutional and the information, while potentially defective, sufficiently stated a crime to withstand a habeas corpu
• Russell v. Mathews
  127 Fla. 169· Fla.· 1937-02-17 ·cited 8×
  This case involves a habeas corpus petition filed by an individual arrested for violating a town ordinance. The Florida Supreme Court reversed the lower court's decision to discharge the petitioner, finding that the legal issues were identical to a related equity suit decided con
• State v. Mayo
  121 Fla. 202· Fla.· 1935-10-12 ·cited 8×
  This case concerns a habeas corpus petition challenging a conviction for obtaining property by false pretenses. The court denied the petition, holding that while the information was defective, the defect did not render the judgment void and could have been raised on direct appeal
• State v. Mayo
  113 Fla. 746· Fla.· 1934-01-15 ·cited 8×
  This habeas corpus case examines the legality of a five-year prison sentence for pleading guilty to "assault with intent to commit manslaughter." The court determined the sentence was legal under state statutes governing assaults with intent to commit felonies.
• Richards v. Mayo
  108 Fla. 308· Fla.· 1933-02-15 ·cited 8×
  George Richards and William Y. Ferris petitioned for habeas corpus relief from their convictions on pleas of guilty to assault with intent to rob. The Florida Supreme Court held that the indictment failed to charge any crime under Florida law and ordered their release, as the ind
• Futch v. State
  101 Fla. 328· Fla.· 1931-04-25 ·cited 8×
  L. M. Futch, Jr. was convicted of unlawfully withholding support from his minor children and sentenced to a fine or six months imprisonment, with the sentence suspended upon giving a bond conditioned on monthly child support payments of $40. On habeas corpus, Futch challenged the
• Ex parte Sirmans
  94 Fla. 832· Fla.· 1927-11-01 ·cited 8×
  This case addresses whether a circuit judge may issue a bench warrant for murder when a defendant has already been arrested on the same charge by a county judge, received a preliminary hearing, and been admitted to bail. The Florida Supreme Court held that the county judge's bail
• McCann v. Julien J. Proskauer
  93 Fla. 383· Fla.· 1927-03-05 ·cited 8×
  In this habeas corpus custody dispute, the Florida Supreme Court affirmed the trial court's award of custody of two minor children to their father, Julien J. Proskauer, against Mary G. McCann who had been holding them. The court held that a father has a prima facie right to custo
• Wilk v. City of Bartow
  86 Fla. 186· Fla.· 1923-07-18 ·cited 8×
  Earl C. Wilk was convicted under a Bartow city ordinance requiring peddlers to pay a license tax before selling goods. The Florida Supreme Court reversed the conviction, holding that Wilk's business of soliciting orders for Fuller Brush Company products and delivering them to cus
• Houston Keen v. Murray
  75 Fla. 154· Fla.· 1918-01-28 ·cited 8×
  Houston Keen challenges his detention under a judgment from Lafayette County's County Judge's Court, arguing the court lacked jurisdiction because a Justice of the Peace transferred the criminal case to County Judge's Court without proper statutory authority. The Florida Supreme
• Goff v. Rickerson
  61 Fla. 29· Fla.· 1911-01-01 ·cited 8×
  J. L. Goff challenged his felony conviction in habeas corpus proceedings by arguing that the Criminal Court of Record for Suwannee County was established by an unconstitutional act due to improper legislative journal entries. The Florida Supreme Court affirmed the validity of the
• Patterson v. Isham Taylor as Jailer
  51 Fla. 275· Fla.· 1906-01-01 ·cited 8×
  Andrew Patterson challenged his detention under a Jacksonville city ordinance requiring racial segregation on streetcars. The Florida Supreme Court upheld the ordinance as a valid exercise of the city's police powers under its charter and rejected Patterson's equal protection cha
• Ex parte Gainey v. State
  42 Fla. 607· Fla.· 1900-06-01 ·cited 8×
  Isaac Gainey, indicted for murder in the first degree, sought habeas corpus to challenge his detention without bail. The Florida Supreme Court reversed the lower court's denial of bail, holding that mere probability of guilt is insufficient to deny bail in capital cases; the Cons
• Barton A. Thrasher v. State
  26 Fla. 526· Fla.· 1890-06-01 ·cited 8×
  Barton Thrasher sought a writ of error to challenge the Circuit Court's denial of bail in a murder prosecution. The Florida Supreme Court affirmed the denial, establishing that bail should be refused in capital cases only when the evidence is sufficiently strong that a judge woul
• Benjamin v. State
  25 Fla. 675· Fla.· 1889-06-01 ·cited 8×
  Benjamin, held for a capital offense after waiving preliminary examination, sought bail via habeas corpus. The Florida Supreme Court held that a waiver of preliminary examination does not bar a prisoner from seeking bail on habeas corpus, and that the prisoner is entitled to a fu
• Kayle B. Bates v. State of Fla. & Kayle B. Bates v. Sec'y
  416 So. 3d 312· Fla.· 2025-08-12 ·cited 7×
  Kayle Bates, convicted of first-degree murder in 1982 and sentenced to death over forty years ago, filed his fourth successive motion for postconviction relief challenging his conviction and sentence. The Florida Supreme Court affirmed the circuit court's denial of all claims, fi
• Carruth v. Comm'r, Ala. Dep't of Corr.
  93 F.4th 1338· 11th Cir.· 2024-03-01 ·cited 7×
  Michael David Carruth, convicted of four counts of first-degree murder and other crimes in Alabama, sought federal habeas corpus relief on six grounds, including claims of ineffective assistance of trial and appellate counsel, prosecutorial misconduct, and jury misconduct. The El
• Sanchez-Torres v. State
  322 So. 3d 15· Fla.· 2021-05-13 ·cited 7×
  Hector Sanchez-Torres, who was sentenced to death for armed robbery and first-degree murder, challenged the denial of his post-conviction motion to vacate his conviction and death sentence and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower co
• Sparre v. State of Fla. & David Kelsey Sparre v. Mark S. Inch
  289 So. 3d 839· Fla.· 2019-12-19 ·cited 7×
  The Florida Supreme Court affirmed the denial of David Kelsey Sparre's motion to vacate his first-degree murder conviction and death sentence, and denied his petition for a writ of habeas corpus. The court found that Sparre's claims of ineffective assistance of trial counsel were
• Peoples v. State
  260 So. 3d 365· Fla. 3d DCA· 2018-11-14 ·cited 7×
  A circuit court lacks jurisdiction to deny a habeas corpus petition attacking the validity of a conviction imposed by another circuit court and must dismiss without prejudice or transfer the petition to the court having jurisdiction.
• Marshall v. State
  240 So. 3d 111· Fla. 3d DCA· 2018-02-28 ·cited 7×
  The erroneous manslaughter by act jury instruction given at trial constituted fundamental error even though the culpable negligence instruction was also given, because the evidence supported manslaughter by act but not culpable negligence and the defendant was convicted of second
• Vince E. Wardlow v. State
  212 So. 3d 1091· Fla. 2d DCA· 2017-03-10 ·cited 7×
  Vince Wardlow petitioned for habeas corpus challenging his second-degree murder conviction based on an erroneous jury instruction. The court granted relief, finding that denying his earlier ineffective assistance of appellate counsel petition without citation or explanation would
• In re Hunt
  835 F.3d 1277· 11th Cir.· 2016-07-18 ·cited 7×
  The Supreme Court's decision in Johnson, which declared the "residual clause" of the Armed Career Criminal Act unconstitutionally vague, announced a new substantive rule of constitutional law that applies retroactively to cases on collateral review. This includes cases where sent
• In re Johnson
  814 F.3d 1259· 11th Cir.· 2016-02-26 ·cited 7×
  Anthony Johnson sought authorization to file a second or successive § 2255 motion based on Johnson v. United States, which invalidated ACCA's residual clause for prior convictions. The Eleventh Circuit held that the 30-day deadline in 28 U.S.C. § 2244(b)(3)(D) for ruling on such
• Hernandez v. State
  180 So. 3d 978· Fla.· 2015-09-17 ·cited 7×
  Michael Hernandez appealed the denial of his Rule 3.851 motion to vacate his first-degree murder conviction and death sentence, alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the circuit court's denial of postconviction relief a
• A.M. v. State
  147 So. 3d 98· Fla. 3d DCA· 2014-08-06 ·cited 7×
  A juvenile petitioned for habeas corpus challenging his secure detention based on a robbery by sudden snatching charge being improperly classified as a violent felony. The court held that robbery by sudden snatching is not a violent third-degree felony under Florida law because t
• Hernandez-Alberto v. State
  126 So. 3d 193· Fla.· 2013-07-03 ·cited 7×
  Pedro Hernandez-Alberto was convicted of murdering his stepdaughters and sentenced to death. On postconviction appeal, he challenged the dismissal of his unverified postconviction motion and the trial court's competency findings. The Florida Supreme Court affirmed the dismissal a
• Chadwick v. State
  118 So. 3d 827· Fla. 2d DCA· 2012-08-24 ·cited 7×
  Nancy Chadwick petitioned for habeas corpus to challenge a probation violation finding, arguing that the affidavit tolling her probation was untimely filed. The court held that a criminal report affidavit can serve as a sufficient affidavit to toll probation if it contains adequa
• Delancy v. Tucker
  88 So. 3d 1036· Fla. 1st DCA· 2012-05-29 ·cited 7×
  The appellate court affirmed the dismissal of the habeas corpus petition, finding that it was not the proper remedy and the claims were procedurally barred.
• Melvee Wanel Tucker v. State
  78 So. 3d 36· Fla. 3d DCA· 2012-01-06 ·cited 7×
  A trial court lacks authority to vacate a sentence that has already been served, even if the sentence was illegal or invalid.
• Bishop v. Sheldon
  68 So. 3d 259· Fla. 2d DCA· 2010-12-01 ·cited 7×
  William Bishop, a sexually violent predator committed under Florida's Jimmy Ryce Act, petitioned for habeas corpus release, arguing he was not in lawful custody when commitment proceedings were initiated because his resentenced sentence had expired. The appellate court held that
• Bixler v. State
  971 So. 2d 934· Fla. 2d DCA· 2007-12-21 ·cited 7×
  Monte Bixler appealed the summary dismissal of his habeas corpus petition challenging his 1980 capital sexual battery conviction and life sentence. The court affirmed dismissal, holding that habeas relief was unavailable because adequate procedural mechanisms existed through Rule
• Sumler v. State
  958 So. 2d 1001· Fla. 1st DCA· 2007-05-25 ·cited 7×
  Sumler appeals a circuit court order denying his Motion for Relief from Order and holding he had no right to pursue a direct appeal from the denial of his habeas corpus petition. The court reverses, holding that orders denying habeas petitions are reviewable by direct appeal to t
• Hadi v. Cordero
  955 So. 2d 17· Fla. 3d DCA· 2006-12-06 ·cited 7×
  The Florida Department of Children and Families (DCF) challenged trial court orders granting mandamus petitions requiring it to transfer three mentally incompetent defendants from county jail to appropriate forensic facilities. The appellate court upheld the mandamus orders, hold
• Brown v. Crosby
  908 So. 2d 512· Fla. 1st DCA· 2005-06-23 ·cited 7×
• Brown v. State
  888 So. 2d 130· Fla. 4th DCA· 2004-11-24 ·cited 7×
  Carl Brown petitions for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise that the charging information named the victim as 'Kevin Pope' while the actual victim was 'Keith Pope.' The court denies the petition, finding no prejudice because t
• Washington v. State
  876 So. 2d 1233· Fla. 5th DCA· 2004-06-11 ·cited 7×
  A petition for habeas corpus cannot be used to collaterally attack a criminal judgment and sentence, as Florida Rule of Criminal Procedure 3.850 is the exclusive remedy. Furthermore, this petition is successive and an abuse of process.