Habeas Corpus

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

• Johnson v. Moore
  744 So. 2d 1042· Fla. 4th DCA· 1999-08-18 ·cited 7×
• Palma v. Jenne
  763 So. 2d 359· Fla. 4th DCA· 1998-07-10 ·cited 7×
  The court held that an incarceration order for civil contempt is defective if it lacks an affirmative finding of the petitioner's present ability to pay the purge amount.
• Surdovel v. Jenne
  706 So. 2d 115· Fla. 4th DCA· 1998-02-25 ·cited 7×
  The court reversed a no-bond hold because the trial judge failed to make the statutory findings required by Florida law and did not allow the defendant to present evidence before denying bond.
• Ford v. Campbell
  697 So. 2d 1301· Fla. 1st DCA· 1997-08-19 ·cited 7×
  A defendant is not entitled to release on recognizance if they file their motion for release after the expiration of the time limit set by rule, even if the state eventually files an information before the hearing on the motion.
• Tausha L. Wilson v. State
  669 So. 2d 312· Fla. 5th DCA· 1996-03-08 ·cited 7×
  Petitioner sought habeas corpus relief challenging her custody commitment after bail revocation for failure to appear at trial. The court granted relief, finding the trial judge abused discretion by committing petitioner to custody without determining whether her failure to appea
• Medina v. Minerva
  907 F. Supp. 379· M.D. Fla.· 1995-11-21 ·cited 7×
  A prisoner's claim for damages under 42 U.S.C. § 1983, which challenges the validity of their conviction or sentence, is premature and must be dismissed if the conviction or sentence has not yet been invalidated.
• Archer v. Adm'r, Fla. State Hosp.
  622 So. 2d 107· Fla. 1st DCA· 1993-07-28 ·cited 7×
  Sharon Archer challenged her involuntary commitment to Florida State Hospital but filed her notice of appeal untimely. The First District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that while habeas corpus may be available in limited civil contexts lik
• Harvey v. State
  616 So. 2d 521· Fla. 2d DCA· 1993-03-19 ·cited 7×
  Walter Harvey, a juvenile prosecuted as an adult under the Youthful Offender Act, appeals summary denial of post-conviction relief and a motion regarding his release date. The court affirmed the denials but addressed Harvey's concern that he was housed in a regular correctional f
• Hunter v. Bernie Aispuro
  982 F.2d 344· 9th Cir.· 1992-12-31 ·cited 7×
  The court held that the California Supreme Court's unexplained denial of the habeas petition did not procedurally bar federal review, but the due process error claimed by the petitioner was harmless beyond a reasonable doubt.
• Adams v. R.S. Peterson
  968 F.2d 835· 9th Cir.· 1992-06-24 ·cited 7×
  The court held that the majority's distinction between de jure and de facto guilty pleas, focusing on labels rather than substance, is flawed and undermines constitutional protections.
• Barksdale v. Lane
  957 F.2d 379· 7th Cir.· 1992-02-27 ·cited 7×
  The court held that a petitioner's failure to file a state post-conviction petition within the statutory time limit, without demonstrating cause for the delay, constitutes a procedural default barring federal habeas review.
• Campbell v. Blodgett
  940 F.2d 549· 9th Cir.· 1991-08-07 ·cited 7×
  The court granted the petitioner's motion to represent himself pro se and denied his earlier motion to withdraw issues, pending further proceedings.
• Farrell v. Lane
  939 F.2d 409· 7th Cir.· 1991-08-01 ·cited 7×
  The court held that the petitioner procedurally defaulted on his claims by failing to raise them in state court and did not demonstrate sufficient cause to excuse this default for federal habeas review.
• Guzman v. C.M. Lensing
  934 F.2d 80· 5th Cir.· 1991-06-25 ·cited 7×
  The court held that the evidence presented at trial was legally insufficient to support Guzman's conviction for constructive possession of cocaine.
• Smith v. A.L. Lockhart
  923 F.2d 1314· 8th Cir.· 1991-01-15 ·cited 7×
  The court held that the defendant was denied his Sixth Amendment right to counsel at a critical stage of the proceedings, requiring vacation of the magistrate's denial of his habeas corpus petition.
• Graham v. Broglin
  922 F.2d 379· 7th Cir.· 1991-01-07 ·cited 7×
  A prisoner seeking work release, which is a less restrictive form of custody but not outright freedom, should bring a civil rights action, not a habeas corpus petition.
• Alexander v. State OF Conn.
  917 F.2d 747· 2d Cir.· 1990-10-30 ·cited 7×
  The admission of Alexander's confession to his friend, made while in custody but without awareness of the friend's cooperation with police, was not an error violating his Fifth Amendment rights, as it did not occur in a police-dominated atmosphere and was not a product of custodi
• Dodson v. Colonel Gordon N. Zelez
  917 F.2d 1250· 10th Cir.· 1990-10-23 ·cited 7×
  The court held that while a two-thirds vote is sufficient for conviction, a three-fourths vote is required for a life sentence, even if mandatory, based on the Manual for Courts-Martial.
• In the Interest of M.C.
  567 So. 2d 1038· Fla. 4th DCA· 1990-10-10 ·cited 7×
  A juvenile petitioner sought habeas corpus relief after being held in secure detention at a regional juvenile detention center for more than the statutory five-day maximum period before placement into a commitment program. The court granted the petition, finding a violation of se
• Dotson v. J.J. Clark
  900 F.2d 77· 6th Cir.· 1990-04-04 ·cited 7×
  District court orders granting or denying bail to a prisoner petitioning for habeas corpus relief pending review are appealable interlocutory orders under the collateral order doctrine.
• Smith v. Dugger
  888 F.2d 94· 11th Cir.· 1989-10-05 ·cited 7×
  The court held that it would not address the Hitchcock issue on a petition for rehearing because the petitioner had not yet presented the claim to the state courts, which is required by the exhaustion rule.
• Leighnor v. C.A. Turner
  884 F.2d 385· 8th Cir.· 1989-09-05 ·cited 7×
  The Parole Commission's consideration of the defendant's pre-extradition escape and use of a false passport to enhance his parole guideline range did not violate the rule of specialty.
• Edwards v. Butler
  882 F.2d 160· 5th Cir.· 1989-09-01 ·cited 7×
  The court affirmed the denial of the habeas petition, finding no constitutional violations in the state court proceedings.
• Fouad Yacoub Rafeedie v. Immigr. & Naturalization Serv.
  880 F.2d 506· D.C. Cir.· 1989-07-21 ·cited 7×
  The court held that a statutory exhaustion requirement, unless explicitly declared otherwise by Congress, does not impose an absolute, unwaivable limitation on judicial review but can be excused when insistence on exhaustion would threaten grave harm and not serve congressional p
• Mitchell v. Goldsmith
  878 F.2d 319· 9th Cir.· 1989-06-30 ·cited 7×
  The court held that the state's failure to preserve a semen sample and two photographic lineups did not violate due process because there was no evidence of bad faith by the police, and the pretrial identification procedures were not unduly suggestive.
• Dunne v. Henman
  875 F.2d 244· 9th Cir.· 1989-05-18 ·cited 7×
  The court held that the district court lacked personal jurisdiction over the respondent warden because the petitioner challenged the execution of his federal sentence and was confined outside the territorial jurisdiction of the court.
• Solles v. Israel
  868 F.2d 242· 7th Cir.· 1989-02-08 ·cited 7×
  The court held that prosecutorial misconduct, while egregious, did not rise to the level of constitutional error requiring habeas relief, and that defense counsel's performance was effective.
• Bridge v. Lynaugh
  860 F.2d 162· 5th Cir.· 1988-11-01 ·cited 7×
  The court held that a capital defendant's claim was procedurally barred because the petitioner failed to show cause and prejudice for not raising the issue earlier.
• McDOWELL v. Dixon
  858 F.2d 945· 4th Cir.· 1988-10-03 ·cited 7×
  The court held that the nondisclosure of exculpatory evidence by the prosecutor denied the defendant due process of law, requiring reversal of his conviction.
• Gore v. Dugger
  532 So. 2d 1048· Fla.· 1988-08-18 ·cited 7×
  The Court should not have intervened in Florida's election process, and the majority's decision is erroneous.
• Blanco v. Dugger
  691 F. Supp. 308· S.D. Fla.· 1988-07-11 ·cited 7×
  The court held that the identification procedures used were not unduly suggestive and did not violate due process, and that the aggravating circumstances used to support the death sentence were properly applied under Florida law.
• Little v. Butler
  848 F.2d 73· 5th Cir.· 1988-06-28 ·cited 7×
  The court affirmed the denial of habeas corpus relief, holding that the evidence supported the conviction for attempted armed robbery and that the sentence was not excessive.
• Watson v. State OF Ala.
  841 F.2d 1074· 11th Cir.· 1988-04-05 ·cited 7×
  The court held that the trial judge's supplemental instruction to the jury to reach a unanimous verdict was not coercive under the totality of the circumstances, and thus did not violate the petitioner's constitutional rights.
• Mills v. Crim. Dist. Court # 3
  837 F.2d 677· 5th Cir.· 1988-02-02 ·cited 7×
  The court held that while the dismissal of the section 1983 claim against the judge and prosecutor was proper due to immunity, the dismissal against the court-appointed attorney should be without prejudice to allow for potential amendment. Claims undermining a conviction must fir
• Jancsek v. Or. Bd. OF Parole
  833 F.2d 1389· 9th Cir.· 1987-12-11 ·cited 7×
  The court held that the prisoner received adequate due process and that there was sufficient evidence to support the parole board's decision to set the release date outside guidelines due to aggravating circumstances.
• Nollie Lee Martin v. Dugger
  515 So. 2d 185· Fla.· 1987-10-28 ·cited 7×
  Nollie Martin, under a death warrant, petitioned for habeas corpus relief and challenged the trial court's dismissal of his motion for a competency-to-be-executed determination. The Florida Supreme Court held that Martin had not waived his competency claim, that the procedures un
• COX v. McCARTHY
  829 F.2d 800· 9th Cir.· 1987-10-01 ·cited 7×
  The court held that the petitioners' claims were moot because they could not satisfy the 'capable of repetition, yet evading review' exception, particularly the 'same plaintiff' requirement, and thus the court lacked constitutional jurisdiction.
• William "Billy" Mitchell v. Kemp
  827 F.2d 1433· 11th Cir.· 1987-08-31 ·cited 7×
  The court denied the application for a Certificate of Probable Cause and the stay of execution, finding the petitioner's claims to be successive and an abuse of the writ.
• Mills v. Scully
  826 F.2d 1192· 2d Cir.· 1987-08-26 ·cited 7×
  The court held that the district court erred in granting the writ of habeas corpus, finding neither prosecutorial misconduct nor ineffective assistance of counsel.
• Pedro v. Or. Parole Bd.
  825 F.2d 1396· 9th Cir.· 1987-08-24 ·cited 7×
  The court held that the petitioner received all the process due under the Fourteenth Amendment, even if a protected liberty interest was not created by the state statute.
• Tucker v. Kemp
  819 F.2d 978· 11th Cir.· 1987-05-27 ·cited 7×
  The court held that the petitioner abused the writ by raising new claims in a successive habeas petition without adequate excuse, and denied his application for a certificate of probable cause and stay of execution.
• Michael Hardy Bros. v. Dowdle
  817 F.2d 1388· 9th Cir.· 1987-05-21 ·cited 7×
  The court held that the state court's identification procedure was not so suggestive as to violate due process and affirmed the denial of ineffective assistance of counsel claims, but remanded for further examination of sentencing issues.
• Morris v. Kemp
  809 F.2d 1499· 11th Cir.· 1987-02-13 ·cited 7×
  The court held that the petitioner procedurally defaulted his ineffective assistance of counsel claim by failing to raise it in his first state habeas proceeding and affirmed the denial of federal habeas relief.
• DeCUIR v. U.S. Parole Comm'n
  800 F.2d 1021· 10th Cir.· 1986-09-09 ·cited 7×
  The court held that the Parole Commission acted properly in issuing a supplemental parole violator warrant before final state sentencing and that its jurisdiction was maintained.
• Siers v. Ryan
  773 F.2d 37· 3d Cir.· 1985-09-20 ·cited 7×
  A guilty plea induced by the fear of a heavier sentence if a jury trial is chosen, or by the perceived leniency of a judge in a non-jury trial, does not render the plea involuntary or unconstitutional, provided it is made intelligently and with competent legal advice.
• Mininni v. Gillum
  477 So. 2d 1013· Fla. 2d DCA· 1985-07-29 ·cited 7×
  The court held that the state failed to meet the high burden of proof required to deny bail in a capital case, even with affidavits.
• Campbell v. R.C. Marshall
  769 F.2d 314· 6th Cir.· 1985-07-23 ·cited 7×
  A guilty plea, voluntarily and intelligently made with competent counsel, is not rendered involuntary by the prosecution's prior failure to disclose potentially exculpatory evidence, even if that failure would have violated Brady v. Maryland at trial.
• Knuck v. Louie L. Wainwright
  759 F.2d 856· 11th Cir.· 1985-05-06 ·cited 7×
  The court held that the recalculation of an inmate's gain time, based on a change in administrative interpretation of the statute from a lump sum to a monthly earned basis, violated the ex post facto clause of the United States Constitution.
• J.W. Whitehead v. United States Parole Comm'n & Warden Rison
  755 F.2d 1536· 11th Cir.· 1985-03-28 ·cited 7×
  The court held that the United States Parole Commission was not collaterally estopped from revoking parole based on a state pandering charge, even if a prior conviction was set aside.
• Eliceo Rodriguez v. Louie L. Wainwright
  740 F.2d 884· 11th Cir.· 1984-08-31 ·cited 7×
  The court held that the petitioner's claims regarding the exclusion of expert testimony, denial of a jury instruction, admission of photographic identification evidence, and insufficiency of evidence did not demonstrate a constitutional violation warranting habeas corpus relief.