Habeas Corpus

18,779 Florida cases classified under this topic · sorted by citation count

• Presnell v. Kemp
  835 F.2d 1567· 11th Cir.· 1988-01-11 ·cited 74×
  The court held that the cause and prejudice standard from Wainwright v. Sykes applies to claims barred by a state's successive petition rule, and the petitioner bears the burden of proving cause and prejudice.
• Sampson Armstrong v. Dugger
  833 F.2d 1430· 11th Cir.· 1987-11-23 ·cited 74×
  The court held that counsel's failure to investigate and present mitigating evidence constituted ineffective assistance, warranting habeas relief, but reversed the district court's finding of a due process violation based on the timing and length of the sentencing proceeding.
• Adams v. Louie Wainwright
  804 F.2d 1526· 11th Cir.· 1986-11-13 ·cited 74×
  The court held that statements by the trial judge misleading the jury about their sentencing responsibility violated the Eighth Amendment under Caldwell v. Mississippi, and that this claim was not barred by procedural default or abuse of the writ due to a significant change in la
• Long v. Parker
  390 F.2d 816· 3d Cir.· 1968-02-16 ·cited 74×
  The court should affirm the district court's judgment, as the Bureau of Prisons has taken reasonable measures to accommodate the religious needs of Black Muslim inmates.
• Cappetta v. Louie L. Wainwright
  203 So. 2d 609· Fla.· 1967-11-08 ·cited 74×
  Nicholas Cappetta sought habeas corpus relief challenging his five-year sentences for breaking and entering, possessing burglary tools, and escape. The Florida Supreme Court rejected his claims of double jeopardy, inadequate counsel preparation time, and defects in grand jury ind
• Harvey v. State OF Miss.
  340 F.2d 263· 5th Cir.· 1965-01-12 ·cited 74×
  The Court held that the failure to advise a defendant of his right to counsel before accepting a guilty plea, even for a misdemeanor, violates due process and invalidates the conviction.
• Shaughnessy v. United States Ex rel. Accardi
  349 U.S. 280· U.S.· 1955-05-23 ·cited 74×
  The Court held that the Board of Immigration Appeals exercised its own discretion and was not improperly influenced by the Attorney General's alleged 'list'.
• Crowe v. United States
  175 F.2d 799· 4th Cir.· 1949-07-21 ·cited 74×
  The court held that the motion to vacate the sentence was properly denied because the grounds raised could have been addressed on direct appeal and were found to be untrue upon investigation.
• In re Whetstone
  137 Fla. 712· Fla.· 1939-05-09 ·cited 74×
  The Florida Supreme Court held that a natural mother of an illegitimate child is entitled to notice and an opportunity to be heard in adoption proceedings, even after the child has been committed to another party's custody through separate juvenile court proceedings. The Court re
• Pridgen v. Sweat
  125 Fla. 598· Fla.· 1936-06-30 ·cited 74×
  The Florida Supreme Court upheld a dental licensing statute requiring examination by a State Board of Dental Examiners, striking down only the clause permitting the Board to add examination subjects at its discretion as an unconstitutional delegation of legislative power, while l
• Ex-parte Charles D. Prince.-Habeas Corpus
  27 Fla. 196· Fla.· 1891-01-01 ·cited 74×
  This case concerns whether a writ of habeas corpus can be used to challenge an indictment for larceny of U.S. currency. The court held that habeas corpus is not a substitute for a demurrer or motion to quash and cannot be used to correct mere technical defects in an indictment if
• Cunningham v. Zant
  928 F.2d 1006· 11th Cir.· 1991-03-27 ·cited 73×
  The court held that the trial court's oral jury charge on mitigating circumstances during the sentencing phase was constitutionally deficient, warranting habeas relief, but found the jury charge on intent to be harmless error and the claim of ineffective assistance of counsel to
• Bastida v. Henderson
  487 F.2d 860· 5th Cir.· 1973-11-06 ·cited 73×
  The court held that the nine-day delay between the informant's tip and the issuance of the search warrant did not defeat probable cause, as the items sought (pistols) were not perishable and the magistrate's determination of probable cause is conclusive absent arbitrariness.
• Nowakowski v. Maroney
  386 U.S. 542· U.S.· 1967-04-10 ·cited 73×
  The Court of Appeals erred in denying a prisoner the right to appeal after the District Court had issued a certificate of probable cause.
• Lehmann v. United States Ex rel. Carson or Carasaniti
  353 U.S. 685· U.S.· 1957-06-03 ·cited 73×
  The Court held that the Immigration and Nationality Act of 1952 applies retrospectively to aliens who entered before its enactment, even if prior law provided a defense to deportation.
• Perkins v. Mayo
  92 So. 2d 641· Fla.· 1957-02-13 ·cited 73×
  Petitioner Perkins seeks habeas corpus relief from sentences imposed by Leon County Circuit Court, arguing they are illegal because they were imposed while he was adjudicated mentally incompetent and because one sentence was imposed for a different offense than charged. The Flori
• State ex rel. Mitchell v. Kelly
  71 So. 2d 887· Fla.· 1954-03-19 ·cited 73×
  Mitchell was held in contempt for refusing to answer grand jury questions about gambling conspiracy, invoking self-incrimination privilege. The Florida Supreme Court held that Florida's immunity statute (Section 932.29) applied to the investigation, granting Mitchell complete imm
• Anderson v. State
  18 So. 3d 501· Fla.· 2009-07-09 ·cited 72×
  Fred Anderson appeals the circuit court's denial of his rule 3.851 motion for postconviction relief and petitions for habeas corpus following his 1999 conviction and death sentence for murdering bank employee Heather Young during a robbery. The Florida Supreme Court affirmed the
• Overton v. State
  976 So. 2d 536· Fla.· 2007-11-29 ·cited 72×
  Thomas Mitchell Overton was convicted of murdering Susan and Michael Macl­vor and sentenced to death. He sought postconviction relief challenging his conviction and sentence, including claims of ineffective assistance of counsel, Brady violations, and denial of DNA testing. The F
• Attwood v. Singletary
  661 So. 2d 1216· Fla.· 1995-10-26 ·cited 72×
  The court held that it has the inherent authority to prevent abuse of the judicial system by requiring pro se litigants to have their filings signed by a member of The Florida Bar.
• Dickerson v. State OF Ala.
  667 F.2d 1364· 11th Cir.· 1982-02-16 ·cited 72×
  The court held that the denial of a continuance to secure an alibi witness, a police officer, violated the defendant's Sixth and Fourteenth Amendment rights to compulsory process.
• Potts v. Zant
  638 F.2d 727· 5th Cir.· 1981-02-17 ·cited 72×
• Keel v. United States
  585 F.2d 110· 5th Cir.· 1978-11-30 ·cited 72×
  The court affirmed the denial of the petitioner's motion, finding the government met its burden of proving the Rule 11 noncompliance was not a material factor in the petitioner's guilty plea.
• Sanford Thomas v. Wyrick
  535 F.2d 407· 8th Cir.· 1976-04-28 ·cited 72×
  The dissenting judge believes the majority erred in reversing the district court's denial of the habeas corpus petition, finding the possibility of prejudice too speculative.
• Brown v. Lundgren
  528 F.2d 1050· 5th Cir.· 1976-03-18 ·cited 72×
  A federal court's judicial review of a parole release decision is narrowly limited, and habeas corpus is not available unless the prisoner demonstrates that the parole board's action is so unlawful as to make his custody illegal.
• Stewart v. Beto
  454 F.2d 268· 5th Cir.· 1971-10-01 ·cited 72×
  The court held that an appeal in a state prisoner habeas corpus case cannot proceed without a certificate of probable cause, and the district court must first rule on the application for such a certificate.
• Hernandez v. Beto
  443 F.2d 634· 5th Cir.· 1971-04-15 ·cited 72×
  A defendant's counsel's belief that a motion for change of attire would be frivolous does not constitute a voluntary waiver of the right to object to being tried in jail clothes.
• Cleveland Colson v. Lamont Smith
  438 F.2d 1075· 5th Cir.· 1971-01-21 ·cited 72×
  A voluntary guilty plea waives non-jurisdictional defects, but a plea induced by ineffective assistance of counsel is involuntary and can be challenged. Statistical evidence of racial disparity in grand jury selection can establish a prima facie case of discrimination.
• Nelson v. People OF the State OF Cal.
  346 F.2d 73· 9th Cir.· 1965-05-26 ·cited 72×
  The court held that a habeas petitioner is bound by his counsel's deliberate strategic decision to bypass state procedural rules, even if the petitioner disagreed with the decision, absent bad faith or incompetence.
• State of Fla. ex rel. Richard W. Ervin v. Smith
  160 So. 2d 518· Fla.· 1964-01-10 ·cited 72×
  The timely filing of a notice of appeal is an absolute jurisdictional prerequisite that cannot be waived, even if the delay was caused by prison officials.
• Chewning v. Cunningham
  368 U.S. 443· U.S.· 1962-02-19 ·cited 72×
  The Court held that a defendant facing a recidivist charge under Virginia's statute is entitled to the assistance of counsel.
• Helton v. State
  106 So. 2d 79· Fla.· 1958-10-29 ·cited 72×
  C. H. Helton, convicted in 1944 at age 16 of breaking and entering with intent to commit a misdemeanor, was sentenced in 1957 after the trial judge had suspended sentence for twelve years. The Florida Supreme Court held that the indefinite suspension of sentence was illegal under
• NEW York ex rel. RAY v. Martin
  326 U.S. 496· U.S.· 1946-01-07 ·cited 72×
  New York State courts have jurisdiction to prosecute a non-Indian for murdering another non-Indian on the Allegany Reservation within the state.
• Rase v. United States
  129 F.2d 204· 6th Cir.· 1942-06-29 ·cited 72×
  A registrant's classification by a draft board is final and not subject to judicial review unless the hearing was unfair or the decision was arbitrary and capricious.
• The State of Fla. ex rel. Harlis Sellers v. Parker
  87 Fla. 181· Fla.· 1924-02-21 ·cited 72×
  Harlis Sellers was convicted in Jacksonville Municipal Court of driving under the influence in violation of a city ordinance and sentenced to 30 days imprisonment. On habeas corpus, the Florida Supreme Court upheld the conviction and sentence, rejecting constitutional challenges
• State v. Vestel
  81 Fla. 625· Fla.· 1921-04-25 ·cited 72×
  The Florida Supreme Court upheld a conviction for failure to pay a municipal license tax imposed under a 1911 statute, rejecting a constitutional challenge that the act violated the single-subject rule by including license tax provisions when the title referenced only property ta
• Smith v. J.D. White
  815 F.2d 1401· 11th Cir.· 1987-05-01 ·cited 71×
  The court held that the evidence was sufficient to support the convictions and that the petitioner did not receive ineffective assistance of counsel or make involuntary statements.
• Davis v. State OF Ala.
  596 F.2d 1214· 5th Cir.· 1979-06-13 ·cited 71×
  The court held that defense attorneys' failure to investigate and develop potential insanity defense evidence constituted ineffective assistance of counsel.
• Sandstrom v. Leader
  370 So. 2d 3· Fla.· 1979-03-22 ·cited 71×
  The Florida Supreme Court reversed a circuit court's decision striking down section 400.17(2)(a), which criminalizes the solicitation, offer, or receipt of bribes in connection with nursing home services. The Court held that the statute is not unconstitutionally vague because it
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• State v. Merritt
  86 Fla. 164· Fla.· 1923-07-14 ·cited 71×
  This case reviews a petitioner's appeal of a habeas corpus denial. The appellate court affirmed the lower court's decision because the bill of exceptions, which contained the evidence and proceedings from the hearing, was not properly certified within the required timeframe after
• United States v. Lara
  905 F.2d 599· 2d Cir.· 1990-05-30 ·cited 70×
  The court held that extreme vulnerability of a defendant to prison victimization, due to personal characteristics not adequately considered by the Sentencing Commission, is a proper ground for a downward departure from the Sentencing Guidelines range.
• Adamson v. Ricketts
  865 F.2d 1011· 9th Cir.· 1988-12-22 ·cited 70×
• Amos Lee King, Jr. v. State
  514 So. 2d 354· Fla.· 1987-09-24 ·cited 70×
  Amos Lee King, Jr. appeals his death sentence imposed after resentencing ordered by the Eleventh Circuit due to ineffective assistance of counsel at the penalty phase. The Florida Supreme Court affirms the death sentence, addressing King's claims regarding jury composition, evide
• Prado McGEE, Jr. v. W.J. Estelle, Jr.
  722 F.2d 1206· 5th Cir.· 1984-01-16 ·cited 70×
  The state may waive the statutory requirement that a federal habeas corpus applicant exhaust state remedies, and failure to raise the non-exhaustion defense at the proper time constitutes an implicit waiver.
• Wiley v. Sowders
  647 F.2d 642· 6th Cir.· 1981-04-24 ·cited 70×
  A criminal defendant is deprived of effective assistance of counsel when their attorney admits the client's guilt to the jury without first obtaining the client's consent to this strategy.
• Smith v. Estelle
  602 F.2d 694· 5th Cir.· 1979-09-13 ·cited 70×
  The court held that the use of a psychiatrist's testimony, obtained through a surprise examination and without advising the defendant of his right to remain silent, violated the defendant's constitutional rights in a capital sentencing proceeding.
• United States ex rel. Charles Clark v. Fike
  538 F.2d 750· 7th Cir.· 1976-07-13 ·cited 70×
  The court held that the petitioner's claims of prosecutorial misconduct and improper identification procedures did not rise to the level of constitutional error denying a fair trial.
• Cuthrell v. Dir., Patuxent Inst.
  475 F.2d 1364· 4th Cir.· 1973-04-06 ·cited 70×
  The Court held that the failure to advise a defendant of the possibility of commitment to Patuxent Institution for evaluation and treatment under the Maryland Defective Delinquent Act does not render a guilty plea involuntary, as such a consequence is collateral, not direct.
• Blair v. The People OF the State OF Cal.
  340 F.2d 741· 9th Cir.· 1965-01-06 ·cited 70×
  A state prisoner must exhaust state remedies for issues arising from new Supreme Court decisions before seeking federal habeas corpus relief.