Habeas Corpus

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

• Digirogio v. Digirogio
  153 Fla. 24· Fla.· 1943-05-18 ·cited 70×
  A mother sought custody of her six-year-old son via habeas corpus based on a separation agreement with the child's father. The trial court, emphasizing the parents' California residence, awarded custody to the mother without hearing evidence on the material issues of parental fit
• Terance Valentine v. State
  98 So. 3d 44· Fla.· 2012-05-17 ·cited 69×
  Terance Valentine appeals the denial of his Rule 3.850 motion to vacate his first-degree murder conviction and death sentence for killing Ferdinand Porche in 1988, and petitions for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial of all postconvic
• United States v. Miller
  910 F.2d 1321· 6th Cir.· 1990-08-10 ·cited 69×
  The court is bound by circuit precedent to affirm the district court's application of the Sentencing Guidelines' relevant conduct provisions.
• Bertolotti v. Dugger
  883 F.2d 1503· 11th Cir.· 1989-08-31 ·cited 69×
  The court held that the district court did not abuse its discretion in denying an evidentiary hearing on the ineffective assistance of counsel claim, and that counsel's performance was not deficient under the Sixth Amendment.
• Zuck v. State OF Ala.
  588 F.2d 436· 5th Cir.· 1979-01-24 ·cited 69×
  The court held that a defendant's trial counsel's representation of the prosecutor in an unrelated civil matter created an unwaived conflict of interest, rendering the trial fundamentally unfair and violating the defendant's right to effective assistance of counsel.
• Conover v. Honorable Frank M. Montemuro, Jr.
  477 F.2d 1073· 3d Cir.· 1972-12-20 ·cited 69×
  The court reinstated prior panel opinions, excluding portions on judicial immunity in § 1983 injunctive relief suits, and declined to rule on the issue.
• Stump v. Bennett
  398 F.2d 111· 8th Cir.· 1968-06-27 ·cited 69×
• United States ex rel. Almeida v. Baldi
  195 F.2d 815· 3d Cir.· 1952-03-27 ·cited 69×
  The deliberate suppression of evidence vital to the defense in a capital case constitutes a violation of due process, vitiating the proceedings.
• State of Fla. ex rel v. Chase
  91 Fla. 413· Fla.· 1926-03-02 ·cited 69×
  The Florida Supreme Court reversed a habeas corpus denial and ordered the release of a fugitive sought for extradition by Missouri, holding that an executive extradition warrant must clearly show on its face that the supporting affidavit was made before a magistrate as required b
• State of Fla. ex rel. Alexander J. Airston v. Bollinger
  88 Fla. 123· Fla.· 1924-07-02 ·cited 69×
  The Florida Supreme Court reversed a trial court's award of child custody to the paternal grandparents, holding that an alleged informal agreement between the father and grandparents to transfer custody was unenforceable as against public policy. The court ruled that a parent can
• Ex Parte
  86 Fla. 145· Fla.· 1923-07-11 ·cited 69×
  E.B. McDaniel sought habeas corpus relief to obtain bail pending disposition of his assault with intent to commit murder charge. The Florida Supreme Court held that a defendant has a constitutional right to bail in non-capital cases, and that prior bond forfeitures due to failure
• Everett v. State
  54 So. 3d 464· Fla.· 2010-10-14 ·cited 68×
  Paul Everett appeals the denial of his motion for postconviction relief and habeas corpus petition in a death penalty case for the 2001 murder, sexual battery, and burglary of Kelly M. Bailey. The Florida Supreme Court affirmed the conviction and death sentence, rejecting all cla
• Henyard v. State
  992 So. 2d 120· Fla.· 2008-09-10 ·cited 68×
  Richard Henyard appeals orders denying his Rule 3.851 motions to vacate death sentences for murders committed in 1993 when he was 18 years old. The Florida Supreme Court affirmed the trial court's denials, finding Henyard's claims procedurally barred or lacking merit, including c
• Patton v. State
  878 So. 2d 368· Fla.· 2004-05-20 ·cited 68×
  Robert Patton appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus review following his conviction for first-degree murder and death sentence in the 1981 shooting death of a Miami police officer. The Florida Supreme C
• Johnson v. Singletary
  938 F.2d 1166· 11th Cir.· 1991-07-25 ·cited 68×
  Marvin Edwin Johnson, a Florida death row inmate, appealed the district court's denial of his second federal habeas corpus petition challenging his death sentence for a 1978 pharmacy robbery and murder. The panel majority had concluded Johnson was entitled to an evidentiary heari
• Swafford v. Dugger
  569 So. 2d 1264· Fla.· 1990-11-14 ·cited 68×
  Roy Swafford, a death row inmate, petitioned for habeas corpus and appealed the denial of his postconviction motion, raising claims of ineffective assistance of counsel, Brady violations, improper victim impact evidence, and instructional error. The Florida Supreme Court rejected
• Adams v. Dugger
  816 F.2d 1493· 11th Cir.· 1987-04-23 ·cited 68×
  The court held that the district court abused its discretion by finding the petitioner's Caldwell claim procedurally barred, as the legal basis for the claim was not reasonably available at the time of the petitioner's procedural default.
• Peek v. Kemp
  784 F.2d 1479· 11th Cir.· 1986-03-05 ·cited 68×
  The court held that the trial court did not commit constitutional error by failing to personally question a juror before excusing him due to illness, nor by failing to instruct the jury to begin deliberations anew after substituting an alternate juror. The court also found that t
• Ybarra v. Reno Thunderbird Mobile Home Vill.
  723 F.2d 675· 9th Cir.· 1984-01-10 ·cited 68×
  A prosecutor is absolutely immune from damages liability under 42 U.S.C. § 1983 for authorizing the release of evidence, as this is considered a quasi-judicial act within the scope of their authority. A supervisor cannot be held liable for a subordinate's constitutional deprivati
• Anderson v. Maggio
  555 F.2d 447· 5th Cir.· 1977-07-05 ·cited 68×
  The court held that the state trial court's admission of photographs for identification and the admission of a gun into evidence did not violate due process, and that newly discovered evidence and insufficiency of evidence are not grounds for federal habeas corpus relief unless t
• Davis v. Estelle
  529 F.2d 437· 5th Cir.· 1976-03-24 ·cited 68×
  A prior conviction obtained without counsel at sentencing, where probation was a real probability, cannot be used for mandatory sentence enhancement under Texas law.
• Brown v. Craven
  424 F.2d 1166· 9th Cir.· 1970-04-16 ·cited 68×
• Word v. State OF N.C.
  406 F.2d 352· 4th Cir.· 1969-01-15 ·cited 68×
  The dissent argues that under 28 U.S.C.A. § 2241 and controlling precedent like Ahrens v. Clark, habeas corpus jurisdiction is limited to the district where the petitioner is physically present and in custody.
• United States ex rel. Lorenzo Catanzaro v. Mancusi
  404 F.2d 296· 2d Cir.· 1968-12-02 ·cited 68×
  The court held that the denial of the writ of habeas corpus was proper because the confessions were voluntary, the search was not illegal, and the eyewitness's perjury did not violate due process.
• Harried v. United States
  389 F.2d 281· D.C. Cir.· 1967-11-30 ·cited 68×
• Dodd v. United States
  321 F.2d 240· 9th Cir.· 1963-07-29 ·cited 68×
  The court held that a district judge must hold a hearing to determine if a federal prisoner intentionally relinquished his right to appeal, and if not, whether he suffered prejudice from the failure to secure appellate review.
• Grisham v. Hagan
  361 U.S. 278· U.S.· 1960-01-18 ·cited 68×
  The application of Article 2(11) of the Uniform Code of Military Justice to a civilian employee tried by court-martial for a capital offense overseas is unconstitutional.
• Jones v. Huff
  152 F.2d 14· D.C. Cir.· 1945-11-26 ·cited 68×
  The court held that the allegations in the petition, if true, demonstrate that the petitioner was denied a fair trial and that the lower court erred in denying a hearing.
• State v. York
  90 Fla. 625· Fla.· 1925-11-28 ·cited 68×
  The Florida Supreme Court upheld a Tampa city ordinance prohibiting taxicab stands within two blocks of Franklin Street, rejecting a habeas corpus challenge that the ordinance exceeded municipal regulatory power and violated equal protection. The court held that regulating the lo
• Tolbert Dickson v. Louie L. Wainwright
  683 F.2d 348· 11th Cir.· 1982-08-16 ·cited 67×
  The court held that while sufficiency of evidence and evidentiary/prosecutorial misconduct claims were properly denied, the claim of ineffective assistance of counsel regarding pretrial preparation warranted further inquiry.
• Meadows v. Lon Evans
  550 F.2d 345· 5th Cir.· 1977-04-08 ·cited 67×
  The court held that a federal civil rights action for damages under 42 U.S.C. § 1983 cannot be used to relitigate the voluntariness of a guilty plea that has already been affirmed on direct appeal and denied on collateral attack in state court. The exhaustion requirement of 28 U.
• Rose v. Hodges
  423 U.S. 19· U.S.· 1975-11-11 ·cited 67×
  The court reversed an award of business damages to a restaurant operator whose property was condemned, finding the restaurant did not qualify as an 'established business of more than five years' standing' at the time of condemnation.
• McNEAL v. Culver
  365 U.S. 109· U.S.· 1961-01-23 ·cited 67×
  Due process requires the assistance of counsel at trial when the gravity of the crime and other factors render proceedings without counsel fundamentally unfair.
• Haworth v. Chapman
  113 Fla. 591· Fla.· 1933-06-08 ·cited 67×
  Joe Haworth challenges the constitutionality of a fraud statute under which he was convicted and sentenced, arguing that the penalty provision is so indefinite and uncertain as to render the statute void. The Florida Supreme Court upholds the conviction, finding that the Legislat
• Ex parte Guiseppe Gilletti
  70 Fla. 442· Fla.· 1915-12-08 ·cited 67×
  This case concerns a habeas corpus petition filed by aliens challenging their arrest for failing to pay a license fee to take oysters from Florida's waters. The court held that the statute requiring the license was constitutional and properly related to the act's title, and that
• Ex parte Powell
  70 Fla. 363· Fla.· 1915-11-18 ·cited 67×
  Thomas Powell challenged his detention under Florida's 1915 salt water fishing regulation statute, alleging it violated state and federal constitutional provisions. The Florida Supreme Court upheld the statute, finding the state has sovereign authority to regulate fishing in publ
• Baldwin v. Franks
  120 U.S. 678· U.S.· 1887-03-07 ·cited 67×
  Thomas Baldwin was charged with conspiracy to forcibly expel Chinese laborers from California in violation of U.S. treaties, and the Supreme Court reviewed whether his conduct violated three federal conspiracy statutes. The Court held that Section 5519 was unconstitutional as app
• McCUTCHEON v. State
  44 So. 3d 156· Fla. 4th DCA· 2010-08-18 ·cited 66×
  Rodney McCutcheon, a serial postconviction filer with at least 50 cases in this court since his 1972 sexual battery conviction, appeals the denial of five consolidated postconviction motions and habeas corpus petitions challenging various convictions and the jurisdiction of state
• Woodford v. Garceau
  538 U.S. 202· U.S.· 2003-03-25 ·cited 66×
  The post-Antiterrorism and Effective Death Penalty Act (AEDPA) version of 28 U.S.C. § 2254 applies to respondent's habeas corpus application because it was filed after AEDPA's effective date.
• Quince v. State
  732 So. 2d 1059· Fla.· 1999-04-08 ·cited 66×
  Kenneth Quince, sentenced to death for first-degree felony murder and burglary, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his trial counsel Howard Pearl had an undisclosed conflict of interest due to his concurrent servi
• Cleo Douglas LeCROY v. Dugger
  727 So. 2d 236· Fla.· 1998-12-24 ·cited 66×
  Cleo LeCroy, convicted of two murders committed during a 1981 robbery and sentenced to death, appeals the denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus. The Florida Supreme Court affirms the denial of post-convicti
• Harmon v. Barton
  894 F.2d 1268· 11th Cir.· 1990-02-20 ·cited 66×
  A state court's per curiam affirmance of a lower court's decision explicitly based on procedural default constitutes a clear and express statement of reliance on an independent and adequate state ground, barring federal habeas review.
• Johnson v. State
  536 So. 2d 1009· Fla.· 1988-12-01 ·cited 66×
  Johnson, convicted of first-degree murder and sentenced to death in 1979, appealed the trial court's denial of his Rule 3.850 postconviction motion as untimely filed. The Florida Supreme Court affirmed the denial, holding that Johnson's motion filed in April 1988 violated the two
• Quinn v. Robinson
  783 F.2d 776· 9th Cir.· 1986-02-18 ·cited 66×
  The court held that the offenses charged against Quinn were extraditable, and the political offense exception did not apply.
• Bashor v. Risley
  730 F.2d 1228· 9th Cir.· 1984-02-07 ·cited 66×
  The court held that the trial court's refusal to grant a change of venue denied the petitioner due process of law.
• Dobbert v. Strickland
  718 F.2d 1518· 11th Cir.· 1983-10-19 ·cited 66×
  The court affirmed the denial of habeas corpus relief, holding that the petitioner's claims lacked constitutional merit or were procedurally barred.
• Ross v. Hopper
  716 F.2d 1528· 11th Cir.· 1983-10-03 ·cited 66×
  The court affirmed the denial of federal habeas corpus relief, finding that the death penalty was not disproportionate, the state did not knowingly use perjured testimony, and evidentiary hearings were not required for the claims raised.
• Tejeda-Mata v. Immigr. & Naturalization Serv.
  626 F.2d 721· 9th Cir.· 1980-08-29 ·cited 66×
  The denial of an interpreter in a deportation proceeding, which prevents an alien from understanding the proceedings, is a fundamental due process violation that cannot be reviewed for harmless error and was indeed harmful in this case.
• United States ex rel. George Hart v. Davenport
  478 F.2d 203· 3d Cir.· 1973-04-27 ·cited 66×
  Joint representation of co-defendants with conflicting interests, without an on-the-record inquiry by the court, constitutes ineffective assistance of counsel violating the Sixth Amendment, even if the attorney was privately retained.
• Murel v. Baltimore City Crim. Court
  407 U.S. 355· U.S.· 1972-06-19 ·cited 66×
  Dismissed. In a per curiam opinion, the Court wrote that it had decided to hear the case in order to consider whether constitutional protections apply to the commitment process set forth in the Maryland Defective Delinquency Law. After briefing and oral argument, the Court conclu