Habeas Corpus

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

• S.C. v. Peterson
  718 So. 2d 220· Fla. 4th DCA· 1998-07-31 ·cited 6×
  A juvenile's home detention is not considered a 'commitment' under the statute, and therefore does not commence the period for release based on the maximum adult sentence.
• Hines v. State
  714 So. 2d 605· Fla. 4th DCA· 1998-07-15 ·cited 6×
• Moody v. Campbell
  713 So. 2d 1032· Fla. 1st DCA· 1998-06-05 ·cited 6×
  The court held that a juvenile record does not shield an adult from pretrial detention if they are charged with a dangerous crime and pose a risk to the community.
• Stano v. State
  708 So. 2d 271· Fla.· 1998-03-20 ·cited 6×
  Gerald Stano, a death row inmate under execution warrant, appealed the trial court's denial of his second motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, rejecting Stano's claims regarding witness rec
• Ashley v. Singletary
  706 So. 2d 1373· Fla. 1st DCA· 1998-02-17 ·cited 6×
  The court affirmed the circuit court's dismissal of Ashley's habeas corpus petition because it was filed in the wrong county; a habeas corpus petition must be filed in the county where the prisoner is detained.
• Myers v. Fla. Parole & Prob. Comm'n
  705 So. 2d 1000· Fla. 4th DCA· 1998-02-04 ·cited 6×
  Walter Myers appealed the summary denial of his habeas corpus/mandamus petition challenging the Florida Parole and Probation Commission's decision to suspend his presumptive parole release date. The court reversed the summary denial, finding that Myers stated a prima facie case t
• Herve Auguste v. Attorney Gen., United States, Janet Reno, Immigr. & Naturalization Serv., United States, Dist. Dir. for the Immigr. & Naturalization Serv., Walter Cadman
  118 F.3d 723· 11th Cir.· 1997-08-01 ·cited 6×
  Herve Auguste, a French citizen admitted under the Visa Waiver Pilot Program who overstayed and obtained fraudulent documents, was ordered deported by the INS without a hearing. The district court granted habeas corpus relief, finding his waiver of deportation hearing rights was
• Linroy Bottoson v. Singletary
  685 So. 2d 1302· Fla.· 1997-01-09 ·cited 6×
  Linroy Bottoson, a death-row inmate, petitioned for habeas corpus claiming his appellate counsel was ineffective for failing to raise a claim that the State discriminatorily used peremptory challenges to remove the only Black juror from his jury during his 1981 murder trial. The
• Maja Stock v. Stock
  677 So. 2d 1341· Fla. 4th DCA· 1996-08-07 ·cited 6×
  The court reversed a Florida custody judgment awarding sole custody to the father where conflicting decrees were entered by Swiss and Florida courts in an international custody dispute. The Florida trial court violated the Uniform Child Custody Jurisdiction Act (UCCJA) by failing
• Sturdivan v. State
  676 So. 2d 508· Fla. 3d DCA· 1996-07-10 ·cited 6×
  The court held that a habeas corpus petition cannot be used to obtain a second appeal of a previously affirmed judgment, especially when the issues raised were previously rejected.
• Carvie William Farmer v. State
  672 So. 2d 639· Fla. 5th DCA· 1996-04-26 ·cited 6×
  Farmer pleaded guilty to second-degree murder and received a 90-year sentence with a mandatory three-year firearm enhancement. The trial court improperly classified the offense as a first-degree felony after an earlier habeas petition revealed the sentence was illegal under Flori
• J.L. v. McCORMICK
  671 So. 2d 202· Fla. 2d DCA· 1996-03-20 ·cited 6×
• Milford Wade Byrd v. Singletary
  655 So. 2d 67· Fla.· 1995-01-26 ·cited 6×
  Milford Wade Byrd, a death row inmate, petitioned for habeas corpus relief claiming violations of his right to silence, ineffective appellate counsel, and other constitutional violations. The Florida Supreme Court denied relief, finding most claims procedurally barred and those o
• T.D. v. Dep't of Health & Rehabilitative Servs.
  639 So. 2d 704· Fla. 1st DCA· 1994-07-25 ·cited 6×
  This case addresses the proper procedure for a parent to challenge a parental rights termination order when their attorney failed to file a timely notice of appeal. The court clarifies that the trial court must properly evaluate whether the parent is entitled to a belated appeal
• Eason v. State
  632 So. 2d 191· Fla. 3d DCA· 1994-02-15 ·cited 6×
  William Charles Eason appeals the denial of his motion for postconviction relief following his conviction for aggravated assault with a firearm, robbery with a firearm, and firearm possession, and his sentencing as a habitual violent felony offender. The appellate court affirmed
• Stewart v. State
  632 So. 2d 59· Fla.· 1993-12-09 ·cited 6×
  Roy Allen Stewart, a death row inmate, appealed the trial court's denial of his third motion for postconviction relief. The Florida Supreme Court affirmed the denial, finding that his claims of factual innocence, Brady violations, and other constitutional challenges were either p
• Heck v. Humphrey
  997 F.2d 355· 7th Cir.· 1993-07-01 ·cited 6×
  A pro se prisoner's civil rights suit challenging his conviction must be dismissed, not stayed, if he fails to exhaust state remedies, even if the statute of limitations would bar refiling after exhaustion.
• Kirkpatrick v. Whitley
  992 F.2d 491· 5th Cir.· 1993-05-20 ·cited 6×
  The court held that a second federal habeas petition may be dismissed for abuse of the writ if new grounds are not alleged or if failure to assert them previously was inexcusable neglect, but remanded for an evidentiary hearing to determine factual bases for claims of prosecutori
• Bedford v. State
  617 So. 2d 1134· Fla. 4th DCA· 1993-05-12 ·cited 6×
  The court held that a defendant can seek relief from an illegal sentence under Rule 3.800 even after a prior appeal affirming the sentence.
• Gacy v. Welborn
  994 F.2d 305· 7th Cir.· 1993-04-12 ·cited 6×
  The court held that a minor slip of the tongue in a jury instruction, when corrected by written instructions and defense counsel's argument, did not render the death sentence unconstitutional. Furthermore, a study on juror comprehension, even if accurate, could not overcome estab
• Orrin Scott Reed v. Dick Clark
  984 F.2d 209· 7th Cir.· 1993-01-19 ·cited 6×
• Hamby v. State
  619 So. 2d 972· Fla. 5th DCA· 1993-01-15 ·cited 6×
• Derden v. Sheriff Sammie McNEEL & Attorney Gen. - State of Miss.
  978 F.2d 1453· 5th Cir.· 1992-12-16 ·cited 6×
• Markham Duff-Smith v. Collins
  973 F.2d 1175· 5th Cir.· 1992-09-17 ·cited 6×
  The court held that a federal habeas petitioner is not entitled to relief based on claims of ineffective assistance of counsel, procedural default, insufficient evidence, or improper use of evidence, as these claims were either procedurally barred, lacked merit, or were based on
• Jones v. Murray
  976 F.2d 169· 4th Cir.· 1992-09-11 ·cited 6×
  The court held that Virginia's death penalty statute is constitutional and affirmed the district court's denial of the appellant's Rule 60(b) motion and motion for a stay of execution.
• Wright v. State
  604 So. 2d 1248· Fla. 4th DCA· 1992-09-02 ·cited 6×
  The court held that conflicting rulings on identical jury selection objections create manifest injustice, requiring a new trial.
• Schmidt v. State
  602 So. 2d 684· Fla. 1st DCA· 1992-07-17 ·cited 6×
  Tony Glyn Schmidt challenges the Department of Corrections' denial of provisional credits based on a presentence investigation report (PSI) indicating his 1984 burglary was committed with intent to commit sexual battery. The court reverses, holding that the D.O.C. cannot rely sol
• Martina v. State
  602 So. 2d 1334· Fla. 5th DCA· 1992-07-17 ·cited 6×
  This case addresses the constitutional and procedural impropriety of holding a defendant in jail without bond for 24 days on a domestic violence misdemeanor charge without filing formal criminal charges. The court disapproves of the institutional practice of denying bail in domes
• Amilcar A.J. Marchetti v. Bitterolf
  968 F.2d 963· 9th Cir.· 1992-07-02 ·cited 6×
  The court held that the district court's stay order was not appealable under the collateral order doctrine, and thus the appeal should be treated as a petition for a writ of mandamus.
• Geschwendt v. Ryan
  967 F.2d 877· 3d Cir.· 1992-06-18 ·cited 6×
  The court held that the trial court's failure to explicitly instruct the jury on the option of a verdict of not guilty by reason of insanity did not violate due process, as the jury was presented with lesser included offenses and ultimately convicted of the highest offense, rende
• Roberts v. Singletary
  794 F. Supp. 1106· S.D. Fla.· 1992-06-05 ·cited 6×
  The court held that the exclusion of evidence regarding the victim's prior sexual history was not a constitutional violation because the defense theory was not presented at trial and the defendant denied making the statement at issue. The court also found no ineffective assistanc
• Robert v. Black, Jr.
  962 F.2d 394· 5th Cir.· 1992-05-21 ·cited 6×
  The court denied the application for a certificate of probable cause and the motion for a stay of execution.
• Singleton v. A.L. Lockhart
  962 F.2d 1315· 8th Cir.· 1992-05-01 ·cited 6×
  A defendant's knowing and intelligent waiver of the right to present mitigating evidence at the penalty phase of a capital trial is valid and forecloses challenges to the death sentence based on the failure to present such evidence.
• White v. Collins
  959 F.2d 1319· 5th Cir.· 1992-04-21 ·cited 6×
  The court held that the petitioner failed to make a substantial showing of a denial of a federal right or a likelihood of success on the merits, thus denying his motions for a certificate of probable cause and a stay of execution.
• State v. Luster
  596 So. 2d 454· Fla.· 1992-04-02 ·cited 6×
  An abstract of judgment from the demanding state is sufficient for extradition purposes, even if it does not meet Florida's specific requirements for judgment and sentence documentation.
• Hunter v. Bernie Aispuro
  958 F.2d 955· 9th Cir.· 1992-03-12 ·cited 6×
  The court held that the state court's denial of the habeas petition rested on independent and adequate state grounds, and the petitioner failed to demonstrate cause and prejudice or manifest injustice to overcome this procedural bar.
• Workman v. Tate
  957 F.2d 1339· 6th Cir.· 1992-03-02 ·cited 6×
  The court held that the state's failure to assert non-exhaustion and the inordinate delay in state proceedings justified federal habeas review on the merits, and that counsel's failure to interview and call critical witnesses constituted ineffective assistance of counsel for the
• Wise v. Fulcomer
  958 F.2d 30· 3d Cir.· 1992-02-24 ·cited 6×
  The court held that the district court should have addressed the Commonwealth's abuse of the writ argument before considering the petitioner's failure to exhaust state remedies.
• Lowery v. McCAUGHTRY
  954 F.2d 422· 7th Cir.· 1992-01-17 ·cited 6×
  A federal court should not grant a writ of habeas corpus if the petitioner has not exhausted available state remedies, even if the petitioner speculates about potential state procedural hurdles.
• Dickie Cokeley v. A.L. Lockhart
  951 F.2d 916· 8th Cir.· 1991-12-20 ·cited 6×
  The court held that the conviction for rape was not fundamentally unfair despite a variance between the charge and the jury instruction, as the evidence supported guilt under either method defined by the statute.
• Atehortua v. Kindt
  951 F.2d 126· 7th Cir.· 1991-12-17 ·cited 6×
• LEE v. Meeks
  592 So. 2d 282· Fla. 1st DCA· 1991-12-13 ·cited 6×
  The Lees, paternal grandparents, sought a writ of habeas corpus in Florida to enforce a Tennessee court's temporary custody order awarding them custody of the child pending final hearing. The Florida trial court denied the petition, finding that the best interests of the child re
• Clay v. Bronnenberg
  950 F.2d 486· 7th Cir.· 1991-12-10 ·cited 6×
  A federal court has jurisdiction under § 2254 to consider the constitutionality of an expired conviction if it was used to augment a current sentence.
• Fannings Johnson v. State
  589 So. 2d 456· Fla. 5th DCA· 1991-11-21 ·cited 6×
  Fannings Johnson sought habeas corpus relief challenging his parole revocation after being acquitted of the charges that led to revocation. The circuit court denied his petition, apparently on procedural grounds, but the appellate court reversed, finding no abuse of writ where su
• Tart v. Commonwealth OF Mass.
  949 F.2d 490· 1st Cir.· 1991-11-15 ·cited 6×
  The court affirmed the district court's rejection of Tart's collateral challenges, finding his Fourth Amendment claim and preemption claim meritless, and his jury instruction claim procedurally barred.
• Lewis v. Art Beeler
  949 F.2d 325· 10th Cir.· 1991-11-13 ·cited 6×
  The court held that the Parole Commission could reopen a prisoner's case based on new information, consider evidence from a sentencing transcript even if the judge declined to consider it, and make its own findings regarding uncharged conduct, even if the sentencing judge made a
• Demetrio Ortiz Rodriguez v. Maynard
  948 F.2d 684· 10th Cir.· 1991-11-06 ·cited 6×
  The court held that a pro se petitioner's lack of legal knowledge or awareness of legal issues does not constitute adequate cause for failing to raise claims in a prior federal habeas petition, thus constituting an abuse of the writ.
• Burton v. Johnson
  948 F.2d 1150· 10th Cir.· 1991-11-01 ·cited 6×
  The court held that the majority opinion created an erroneous rule of constitutional law by presuming juror bias based on past abuse and alleged dishonesty, rather than requiring proof of fixed opinions preventing impartial judgment.
• King v. Collins
  945 F.2d 867· 5th Cir.· 1991-10-25 ·cited 6×
  The court held that the evidence was insufficient to support a conviction for actual delivery of cocaine, thus reversing the district court's dismissal of the habeas corpus petition.
• Morris v. State OF Cal.
  966 F.2d 448· 9th Cir.· 1991-09-30 ·cited 6×
  The court held that judicial estoppel does not bar a habeas petitioner from asserting a claim of innocence based on ineffective assistance of counsel, and that the petitioner may be entitled to relief if her counsel's performance was deficient and prejudiced her defense.