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92 Fla. 837·
Fla.·
1926-10-28
·cited 79×
E.E. White challenges his detention for unlawfully possessing undersized mullet in violation of Florida's 1925 fish conservation statute. The Florida Supreme Court upholds the statute's constitutionality, rejecting arguments that the title violates the state constitution and that
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101 So. 3d 886·
Fla. 1st DCA·
2012-10-24
·cited 78×
The court held that the Supreme Court's decision in Miller v. Alabama, which found mandatory life without parole for juvenile offenders unconstitutional, should not be applied retroactively to cases that were final before Miller was decided.
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865 So. 2d 1259·
Fla.·
2004-01-29
·cited 78×
Johnny Robinson, a death row inmate, appealed the trial court's denial of a successive rule 3.851 postconviction motion and filed a successive habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas relief, re
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555 So. 2d 355·
Fla.·
1990-01-04
·cited 78×
Amos King, under death sentence for first-degree murder, petitioned the Florida Supreme Court for habeas corpus relief. The Court denied the petition, finding all claimed errors either procedurally barred or lacking merit.
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820 F.2d 1137·
11th Cir.·
1987-06-12
·cited 78×
The court affirmed the denial of the habeas corpus petition, finding that the appellant's claims were either procedurally barred or without merit.
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809 F.2d 702·
11th Cir.·
1987-01-21
·cited 78×
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502 So. 2d 1221·
Fla.·
1987-01-05
·cited 78×
Henry Perry Sireci, a death row inmate, challenged the trial court's order granting an evidentiary hearing on a second motion for post-conviction relief regarding allegedly incompetent psychiatric evaluations. The Florida Supreme Court affirmed the trial court's order, finding th
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725 F.2d 1511·
11th Cir.·
1984-02-17
·cited 78×
The court held that the appellant's confession was voluntary and admissible, and that his claims of ineffective assistance of counsel were without merit.
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683 F.2d 1312·
11th Cir.·
1982-08-09
·cited 78×
The court held that the appeal of the July 15 order was moot due to compliance, and the December 14 order was an improper mandatory injunction because plaintiffs had an adequate legal remedy through contempt proceedings for enforcing the consent decree.
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600 F.2d 1085·
5th Cir.·
1979-08-13
·cited 78×
The court held that the trial court did not err in denying a second competency hearing, as the facts presented did not raise a bona fide doubt of the defendant's competency during trial, and post-trial evidence of incompetence does not trigger a procedural violation under Pate.
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574 F.2d 411·
8th Cir.·
1978-04-10
·cited 78×
The court held that the district court correctly granted the writ of habeas corpus because the petitioner received ineffective assistance of counsel.
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515 F.2d 322·
5th Cir.·
1975-06-30
·cited 78×
The court held that inmates waived their right to object to the magistrate's reference by failing to object in the district court. However, the court found the factual findings supporting the adequacy of inmate access to legal materials deficient and remanded for further proceedi
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354 U.S. 524·
U.S.·
1957-07-11
·cited 78×
The Supreme Court held that the Constitution and subsequent legislation did not prohibit the waiver of jurisdiction under the Security Treaty and Administrative Agreement, allowing Girard to be tried in Japan.
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195 F.2d 366·
8th Cir.·
1952-04-03
·cited 78×
The court held that the district court should not have allowed the appellant to proceed in forma pauperis or appeal as a poor person, and should have certified that the appeal was not taken in good faith.
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541 So. 2d 1125·
Fla.·
1989-03-09
·cited 77×
Freddie Lee Hall, a death row inmate, challenged his death sentence on the ground that his sentencing proceeding violated the Supreme Court's ruling in Hitchcock v. Dugger by limiting consideration to only statutory mitigating circumstances. The Florida Supreme Court reversed, fi
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846 F.2d 642·
11th Cir.·
1988-04-22
·cited 77×
The court held that a jury instruction creating a presumption of intent is unconstitutional but the error was harmless because the defendant raised self-defense, thereby conceding the intent to kill, and alternatively, the evidence of intent was overwhelming. The court also held
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465 So. 2d 510·
Fla.·
1985-03-04
·cited 77×
Johnny Paul Witt, sentenced to death for first-degree murder, appealed the denial of his second post-conviction relief petition under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's dismissal as a successive petition without merit, r
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707 F.2d 1339·
11th Cir.·
1983-06-27
·cited 77×
Charles Kenneth Foster was convicted of first degree murder and sentenced to death in Florida. On federal habeas review, the Eleventh Circuit affirmed the district court's denial of Foster's petition on claims of ineffective assistance of counsel, improper jury instructions on we
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453 F.2d 661·
5th Cir.·
1971-12-09
·cited 77×
The court held that Texas's regulation banning all inmate assistance in preparing legal writs is unconstitutional because the state failed to prove it provided reasonable alternatives. However, the court affirmed that solitary confinement as administered by Texas does not constit
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243 U.S. 521·
U.S.·
1917-04-23
·cited 77×
The House of Representatives arrested a district attorney for contempt based on a letter he wrote criticizing a House subcommittee investigating his conduct. The Supreme Court held that while Congress possesses an implied power to punish contempt as necessary to preserve its legi
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756 So. 2d 90·
Fla.·
2000-05-04
·cited 76×
The Florida Supreme Court held that the Baker Act procedures are not required before a dependency court orders placement of an adjudicated dependent child in a residential mental health facility, though due process requires a hearing with an opportunity for the child to be heard.
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691 So. 2d 466·
Fla.·
1997-01-09
·cited 76×
Jerry Leon Haliburton, convicted of first-degree murder and sentenced to death, challenged his conviction through a Rule 3.850 post-conviction motion and habeas corpus petition, raising claims of Brady violations, ineffective assistance of counsel, prosecutorial misconduct, and i
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908 F.2d 696·
11th Cir.·
1990-07-24
·cited 76×
The court affirmed the denial of the writ of habeas corpus, finding that while the state committed Brady/Giglio violations and a confrontation clause error, these were harmless beyond a reasonable doubt, and counsel's assistance was not ineffective.
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452 So. 2d 533·
Fla.·
1984-06-12
·cited 76×
Carl Jackson, convicted of robbery, kidnapping, and two counts of first-degree murder, appeals the denial of his second post-conviction motion alleging ineffective assistance of counsel under the new Strickland v. Washington standard, arbitrary and discriminatory imposition of th
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720 F.2d 1212·
11th Cir.·
1983-11-17
·cited 76×
The court held that the petitioner is entitled to an evidentiary hearing on his claims regarding the systematic exclusion of young adults from the jury venire and the prosecutor's historical practice of excluding black individuals from juries through peremptory challenges.
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669 F.2d 222·
5th Cir.·
1982-03-01
·cited 76×
The jury instruction impermissibly shifted the burden of proof of intent to the petitioner, and this error has not been shown to be harmless beyond a reasonable doubt.
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580 F.2d 521·
D.C. Cir.·
1978-03-30
·cited 76×
The court held that the District Court's order was clearly erroneous because it was based on speculation and conjecture regarding the new jail's conditions and capacity, rather than substantial evidence.
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556 F.2d 1143·
2d Cir.·
1977-05-26
·cited 76×
The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
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417 F.2d 648·
2d Cir.·
1969-10-10
·cited 76×
The court held that the record already established the petitioner was deprived of his constitutional right to appeal due to not being informed of his right to appeal without cost and with appointed counsel.
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393 U.S. 122·
U.S.·
1968-11-12
·cited 76×
A petitioner's relinquishment of an evidentiary hearing in a federal habeas corpus proceeding prior to Townsend v. Sain does not bar them from obtaining such a hearing on a subsequent application made after Townsend, especially when the right to such a hearing was of doubtful exi
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333 F.2d 496·
5th Cir.·
1964-06-18
·cited 76×
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189 F.2d 300·
10th Cir.·
1951-05-15
·cited 76×
The court held that the trial court did not err in denying the habeas corpus petition, as the alleged due process violations did not render the conviction void.
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14 Pet. 540·
U.S.·
1840-01-01
·cited 76×
George Holmes, arrested in Vermont under a gubernatorial warrant for surrender to Canadian authorities for an alleged murder committed in Lower Canada, sought habeas corpus and challenged the state's power to deliver him to a foreign government. The Supreme Court held, in a fract
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544 U.S. 133·
U.S.·
2005-03-22
·cited 75×
The Supreme Court reversed the Ninth Circuit's grant of habeas relief, holding that the California Supreme Court's decision that the jury instructions in the penalty phase of William Payton's capital murder trial did not prevent consideration of all mitigation evidence was not co
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540 U.S. 668·
U.S.·
2004-02-24
·cited 75×
The court reversed the trial court's summary dismissal of a Heggs claim on timeliness grounds, remanding for further proceedings to determine the merits of the claim.
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732 F.2d 803·
11th Cir.·
1984-05-01
·cited 75×
The court held that the trial court's failure to conduct a Faretta hearing after Raulerson's unequivocal assertion of his right to self-representation was an absolute denial of that right, not waived by subsequent conduct.
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714 F.2d 365·
5th Cir.·
1983-08-26
·cited 75×
The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
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614 F.2d 121·
6th Cir.·
1980-01-30
·cited 75×
The court held that while jury instructions contained constitutional errors, they were harmless beyond a reasonable doubt given the totality of the circumstances and the defendant's admissions.
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601 F.2d 768·
5th Cir.·
1979-08-27
·cited 75×
-
573 F.2d 118·
2d Cir.·
1978-01-24
·cited 75×
The court held that while courts must ensure minimum constitutional standards, they should defer to prison administrators on matters of daily operation and avoid over-incursion into administrative discretion, especially concerning sentenced inmates.
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500 F.2d 925·
2d Cir.·
1974-06-13
·cited 75×
The dissent argues that the prior ruling in Menechino v. Oswald, which denied due process rights in parole hearings, was not superseded by Morrissey v. Brewer and should still apply to deny a statement of reasons for parole denial.
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386 F.2d 97·
5th Cir.·
1967-06-27
·cited 75×
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47 So. 2d 567·
Fla.·
1950-07-07
·cited 75×
The Florida Supreme Court upheld the constitutionality of the Florida Revenue Act of 1949, a state sales tax on rentals. The court found the tax to be a valid excise tax on the privilege of engaging in business, not an unconstitutional property tax, and rejected claims that the a
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128 F.2d 811·
3d Cir.·
1942-06-09
·cited 75×
A registrant's claim that the draft board erred in classification is not a defense to a charge of willfully violating the Selective Service Act by refusing induction.
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5 So. 2d 60·
Fla.·
1941-12-12
·cited 75×
The court considered whether a jail sentence, once begun, can be interrupted by the state without the convict's consent. The court held that a sentence cannot be stayed or interrupted without the convict's consent, as the convict has the right to serve their sentence continuously
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773 F.3d 1132·
11th Cir.·
2014-11-14
·cited 74×
The dissenting judges argue that an erroneous career offender designation, resulting in a significantly increased sentence, constitutes a fundamental defect and a miscarriage of justice cognizable under 28 U.S.C. § 2255, even if the sentence is below the statutory maximum and the
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543 U.S. 335·
U.S.·
2005-01-12
·cited 74×
The Court held that the acceptance requirement in 8 U.S.C. § 1231(b)(2)(E)(vii) applies only to the last-resort country designation, not to the preceding six options.
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542 U.S. 426·
U.S.·
2004-06-28
·cited 74×
The rules for habeas actions (immediate custodian and territorial jurisdiction) are not jurisdictional limitations but rather akin to personal jurisdiction or venue rules, which can be waived or subject to exceptions.
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714 So. 2d 404·
Fla.·
1998-04-23
·cited 74×
The Florida Supreme Court held that the Capital Collateral Regional Counsel (CCRC) lacks statutory authority to represent death row inmates in civil rights lawsuits challenging the means of execution, but is limited to traditional postconviction relief actions challenging the val
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574 So. 2d 63·
Fla.·
1990-11-08
·cited 74×
John Mills, a death row inmate, petitioned for habeas corpus relief challenging his murder conviction and death sentence on twelve grounds, including claims based on victim impact evidence and instructional errors. The Florida Supreme Court denied the petition, finding all issues