Habeas Corpus

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

• Sult v. Weber
  210 So. 2d 739· Fla. 4th DCA· 1968-05-27 ·cited 5×
  The Florida District Court of Appeal reversed a lower court order that would have remanded a juvenile's commitment to the Florida School for Boys based on retroactive application of In re Gault. The court held that Gault's procedural requirements do not apply retroactively to juv
• Schack v. State of Fla. & L. L. Wainwright
  202 So. 2d 824· Fla. 1st DCA· 1967-09-21 ·cited 5×
  Schack sought habeas corpus relief after completing his sentence in one case, requesting bail reduction in that case. The court affirmed the lower court's denial of the petition, finding that Schack was lawfully detained for serving sentences in two other cases and was not entitl
• Dobson v. Cameron
  D.D.C.· 1967-09-01 ·cited 5×
  The court's majority opinion unfortunately blurs the distinction between civil and criminal commitment statutes, potentially misapplying rights and procedures.
• Hans W. Puhl v. United States
  376 F.2d 194· 10th Cir.· 1967-04-28 ·cited 5×
  The court held that the appellant's status as an enlisted member of the United States Army conferred military jurisdiction, even for an offense committed in Germany.
• Boyd W. COX, Jr. v. State
  180 So. 2d 467· Fla. 2d DCA· 1965-12-01 ·cited 5×
  Boyd Cox petitioned for habeas corpus to challenge his extradition to Tennessee on a criminal charge for failing to comply with a child support order. The court held that while the extradition did not meet the requirements of Florida's standard extradition statute (Chapter 941),
• Mangram v. State
  179 So. 2d 243· Fla. 1st DCA· 1965-10-26 ·cited 5×
  George Mangram appeals the denial of his motion to vacate a conviction for second-degree murder entered upon a guilty plea to a lesser offense than the grand jury indictment for first-degree murder. The court affirmed the denial, finding that Mangram received full constitutional
• Johnson v. United States
  344 F.2d 161· D.C. Cir.· 1964-09-25 ·cited 5×
  The court denied the government's motion to file a supplemental memorandum containing unauthenticated exhibits.
• Buchanan v. State of Fla. ex rel. Raymond L. Fortin
  159 So. 2d 98· Fla. 3d DCA· 1964-01-08 ·cited 5×
  An extradition defendant, after an order of remand in habeas corpus, may not be released on bail pending appeal from that order.
• Ryan v. Tinsley
  316 F.2d 430· 10th Cir.· 1963-04-22 ·cited 5×
  Statutes enacted by a malapportioned legislature are constitutional if the legislature had de jure existence and its members were de facto officers.
• Kasey v. Goodwyn
  291 F.2d 174· 4th Cir.· 1961-05-27 ·cited 5×
  The court held that the military courts properly affirmed the conviction and sentence, finding no denial of due process or improper influence on the court-martial members.
• Pledger v. United States
  260 F.2d 471· 6th Cir.· 1958-10-25 ·cited 5×
  The court held that the appeal was not timely filed and therefore dismissed it.
• Kelly v. The State of Fla. ex rel. A. B. Curry
  92 So. 2d 178· Fla.· 1956-10-10 ·cited 5×
  The court should affirm the lower court's order discharging the appellee.
• State of Fla. ex rel. Charlie Copeland, Jr. v. Mayo
  87 So. 2d 501· Fla.· 1956-04-27 ·cited 5×
  Charlie Copeland, Jr., a Black man sentenced to death for rape, sought habeas corpus relief arguing the death penalty was applied in a racially discriminatory manner in violation of equal protection. The Florida Supreme Court denied relief, finding the claim was waived by failure
• Hall v. Mayo
  83 So. 2d 845· Fla.· 1955-12-14 ·cited 5×
  Hall petitioned for habeas corpus challenging whether his two sentences for larceny should run concurrently or consecutively. The Florida Supreme Court held that because the trial court failed to specify whether sentences should run concurrently or consecutively, the statutory de
• United States v. Holton
  227 F.2d 886· 7th Cir.· 1955-12-06 ·cited 5×
  The dissenting judge believes the state court acted without authority by disregarding a Supreme Court mandate that had voided a conviction.
• United States Lines Co. v. Shaughnessy
  195 F.2d 385· 2d Cir.· 1952-03-17 ·cited 5×
  The court held that the immigration authorities have the statutory authority to order the detention and deportation of alien seamen hired in the United States, even if they possess documents qualifying them for service on American vessels.
• Meltzer v. United States (two cases). Ex parte Meltzer
  188 F.2d 913· 9th Cir.· 1951-04-13 ·cited 5×
  The court held that the California district court lacked jurisdiction to reduce bail set in New York and affirmed the dismissal of the habeas corpus petition challenging the bail amount.
• Mangaoang v. Boyd
  186 F.2d 191· 9th Cir.· 1950-12-27 ·cited 5×
  The court held that the denial of bail to aliens facing deportation under the Internal Security Act of 1950 requires the Attorney General or his delegate to articulate specific facts justifying the denial, not merely demonstrate that discretion was considered.
• Brown v. Frisbie
  178 F.2d 271· 6th Cir.· 1949-12-08 ·cited 5×
  The court held that the district court should have allowed the petitioner to present evidence supporting his factual allegations in his habeas corpus petition.
• Fields v. Hunter
  167 F.2d 547· 10th Cir.· 1948-04-07 ·cited 5×
  The court held that the petitioner was not denied his constitutional right to counsel, despite not being represented at one specific proceeding, because his counsel competently represented him throughout the overall process.
• Ex parte: George F. Puckett
  159 Fla. 468· Fla.· 1947-09-12 ·cited 5×
  Puckett, confined under a life sentence for a fourth felony conviction, petitioned for habeas corpus relief, arguing his conviction was void because three prior convictions relied upon for sentence enhancement occurred on the same day. The Florida Supreme Court denied relief, fin
• Miller v. Sanford
  161 F.2d 291· 5th Cir.· 1947-05-02 ·cited 5×
  The court held that the petitioner's habeas corpus petition was properly denied because the sentence in the Southern District of Texas was explicitly made cumulative to a sentence in the Northern District of Texas, and the latter had not yet been fully served.
• United States ex rel. Bishop v. Watkins
  159 F.2d 505· 2d Cir.· 1947-01-15 ·cited 5×
  The court held that the relator's conflicting statements about his birthplace constituted substantial evidence supporting the finding that he was an alien, and the deportation order to Austria was not erroneous.
• Bayless v. United States
  147 F.2d 171· 8th Cir.· 1945-02-08 ·cited 5×
  The court held that retrying and resentencing a defendant after they have already served the maximum imprisonment for the offense violates the Fifth Amendment's prohibition against double jeopardy.
• Pyle v. Johnston
  137 F.2d 869· 9th Cir.· 1943-08-27 ·cited 5×
  A habeas corpus petition cannot collaterally attack a conviction based on an indictment's alleged failure to state an offense if the trial court had jurisdiction.
• Cunningham v. Stefanidi
  144 Fla. 214· Fla.· 1940-09-06 ·cited 5×
  The Florida Supreme Court upheld a circuit court's grant of habeas corpus to a wholesale sponge dealer arrested for operating without a license under Chapter 19611, Acts of 1939. The Court held that the statute imposes a license tax only on wholesale dealers in salt-water food pr
• Coleman v. State ex rel. Sam Cass
  144 Fla. 488· Fla.· 1940-08-02 ·cited 5×
  Sam Cass was arrested for operating a privately-owned boat used exclusively for sport fishing without obtaining a license under Chapter 17917, Acts of 1937. The Florida Supreme Court reversed the trial court's discharge of Cass, holding that the 1937 Act's licensing requirement a
• Ex parte Ike Smith
  141 Fla. 434· Fla.· 1940-01-23 ·cited 5×
  The Florida Supreme Court affirmed a lower court's decision to deny a habeas corpus petition seeking to reduce bail for a manslaughter charge. The court found that the petitioner failed to demonstrate an ability to make bail in any amount, rendering the reduction request moot.
• Overstreet v. State
  134 Fla. 715· Fla.· 1938-10-31 ·cited 5×
  This case concerns a habeas corpus petition challenging a conviction for selling untaxed liquor. The petitioner argued the information was insufficient because it didn't allege the act was done "willfully." The court held the information was sufficient to charge an offense and de
• Curtis v. Hutchingson
  125 Fla. 440· Fla.· 1936-10-12 ·cited 5×
  The Florida Supreme Court ruled that a Lakeland city ordinance prohibiting slot machine operation between noon and 1 p.m. was unconstitutionally vague and unreasonable, as municipalities cannot ban activities that have been legalized by the state.
• State v. Coleman
  122 Fla. 434· Fla.· 1936-02-01 ·cited 5×
  William Sidebottom challenged his prosecution under Florida's frozen dessert licensing law, arguing he could operate multiple retail stores supplied by a single manufacturing plant while paying only one $10 retail license fee. The Florida Supreme Court held that he must pay a sep
• Thomas v. Hand
  114 Fla. 466· Fla.· 1934-04-04 ·cited 5×
  A. C. Thomas challenges the constitutionality of a Florida statute regulating optometry practice, arguing the statute violates state constitutional provisions on single-subject legislation and denies due process and property rights. The Florida Supreme Court upholds the statute o
• Ex parte Aulday
  113 Fla. 70· Fla.· 1933-11-28 ·cited 5×
  Harry Aulday petitioned for habeas corpus relief, claiming the trial judge was disqualified due to prejudice after the judge refused to recuse himself when challenged under Florida law. The Florida Supreme Court held that habeas corpus is not the proper remedy to challenge a tria
• Cary Ellis as Marshall of the City of Pensacola v. Thiesen
  78 Fla. 47· Fla.· 1919-06-01 ·cited 5×
  The Florida Supreme Court affirmed a lower court's decision discharging Chris Thiesen from custody. The court found a Pensacola city ordinance requiring sanitary privies in all buildings void because it granted arbitrary and discriminatory power to the Commissioner of Health rega
• Ex parte Daly
  66 Fla. 345· Fla.· 1913-11-04 ·cited 5×
  This case concerns a petitioner challenging his death sentence, arguing the judge who presided over his trial lacked jurisdiction due to a clerical error in the assignment order and that the statute allowing such assignments was unconstitutional. The court found both arguments wi
• Johnson v. Sec'y, Fla. Dep't of Corr.
  132 F.4th 1309· 11th Cir.· 2025-03-25 ·cited 4×
  Admission of a medical report without the author's testimony did not violate the Confrontation Clause because the defendant cannot prove actual prejudice from the error.
• Wallace v. State
  390 So. 3d 1· Fla. 1st DCA· 2024-10-30 ·cited 4×
  Michael Wallace seeks a writ of habeas corpus claiming manifest injustice based on the First District Court of Appeal's recent decision in State v. Rogers regarding the Statewide Prosecutor's authority under the Federal Wiretap Act. Wallace argues he is entitled to relief because
• Guardado v. Sec'y, Fla. Dep't of Corr.
  112 F.4th 958· 11th Cir.· 2024-08-12 ·cited 4×
  Jesse Guardado confessed to brutally murdering a seventy-five-year-old woman in 2004 and pleaded guilty without counsel, but was later represented during the penalty phase, which resulted in a death sentence. The Eleventh Circuit affirmed the denial of his federal habeas petition
• Trammell v. State
  369 So. 3d 1155· Fla. 2d DCA· 2024-04-05 ·cited 4×
  The State of Florida appealed a trial court's dismissal of a concealed firearm charge, arguing the court misinterpreted Florida's private conveyance exception to the concealed weapons statute. The appellate court agreed, holding that even a securely encased firearm cannot be carr
• Chestel Thorson v. State
  Fla. 3d DCA· 2023-02-01 ·cited 4×
  A petition for writ of habeas corpus may not be used to challenge the legality of a conviction or serve as a substitute for a rule 3.850 motion for postconviction relief.
• Anderson v. Warden, FCC Coleman - USP I
  948 F. Supp. 810· M.D. Fla.· 2020-11-02 ·cited 4×
  The court denied the petitioner's motions to strike and for production of documents, and confirmed its prior judgment denying the petition for writ of habeas corpus.
• Dumas v. Sec'y, Dep't of Corr. (Duval County)
  2020 WL 5883300· M.D. Fla.· 2020-10-09 ·cited 4×
  The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus, the petitioner is not entitled to federal habeas relief.
• Bolze v. Warden FCC Coleman
  2020 WL 2425731· M.D. Fla.· 2020-07-02 ·cited 4×
  The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the denial of home confinement or compassionate release when the sentencing court is available and § 2255 is not inadequate or ineffective.
• Davis v. Sellers
  940 F.3d 1175· 11th Cir.· 2019-10-10 ·cited 4×
  Scott Winfield Davis, convicted of malice murder in the 1996 death of David Coffin Jr., appealed the denial of his federal habeas corpus petition challenging the loss and destruction of evidence by law enforcement and alleging prosecutorial suppression of a second police intervie
• In re Bowles
  935 F.3d 1210· 11th Cir.· 2019-08-22 ·cited 4×
  Gary Ray Bowles, a death row inmate convicted of murder in 1994, sought authorization from the Eleventh Circuit to file a successive federal habeas petition claiming intellectual disability and thus ineligibility for execution under Atkins v. Virginia. The court denied his applic
• Leiva v. Warden
  928 F.3d 1281· 11th Cir.· 2019-07-08 ·cited 4×
  The Eleventh Circuit held that the U.S. Executive Branch's determination that the extradition treaty between the United States and Colombia remains in force is binding on the courts, even if a Colombian court declared the domestic ratification law unconstitutional.
• Thourtman v. Junior
  275 So. 3d 726· Fla. 3d DCA· 2019-06-12 ·cited 4×
  Article I, section 14 of the Florida Constitution does not require a trial court to make a preliminary finding of "proof evident, presumption great" at first appearance in order to detain a defendant charged with a capital or life offense for a reasonable time pending a full Arth
• Loor v. State
  271 So. 3d 105· Fla. 3d DCA· 2019-03-06 ·cited 4×
  Jesse Loor, proceeding pro se, petitioned for emergency habeas corpus relief challenging a pretrial detention order. The court dismissed the petition as unauthorized because Loor is currently represented by counsel in the underlying trial court proceeding, and he did not seek to
• Hales v. State
  260 So. 3d 413· Fla. 3d DCA· 2018-11-28 ·cited 4×
  A circuit court lacks jurisdiction to review the legality of a conviction and sentence imposed in another circuit court.
• Barr v. State
  Fla. 4th DCA· 2018-10-10 ·cited 4×
  A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption great before denying pretrial release without bond; failure to make this finding is error, but may be deemed harmless if