Habeas Corpus

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

• Wigfals v. Fla. Parole Comm'n
  691 So. 2d 644· Fla. 5th DCA· 1997-04-18 ·cited 4×
  The appellate court held that a prisoner's transfer to a different county necessitates a venue transfer, not dismissal of the petition.
• Cooper v. Fla. Parole Comm'n & The Dep't of Corr.
  691 So. 2d 521· Fla. 4th DCA· 1997-03-21 ·cited 4×
  Mark Cooper appeals the revocation of his conditional release on concurrent sentences, arguing that his early discharge on a grand theft charge should not have been revoked because that charge did not qualify for conditional release under the Conditional Release Act. The court ho
• Harbaugh v. Cochran
  688 So. 2d 1020· Fla. 4th DCA· 1997-03-05 ·cited 4×
  The Fourth District Court of Appeal denied a habeas corpus petition challenging revocation of pretrial bail following a guilty verdict in a felony DUI case. The court held that once a defendant is found guilty by jury verdict, they are no longer entitled to the constitutional rig
• Ramirez-Centeno v. Wallis
  957 F. Supp. 1267· S.D. Fla.· 1997-02-26 ·cited 4×
  The court held that petitioners are not in custody and therefore lack standing to seek a writ of habeas corpus, even if their underlying claims were meritorious.
• Lowery v. Lambdin
  687 So. 2d 55· Fla. 4th DCA· 1997-01-29 ·cited 4×
  Byron Lowery appealed an order denying his in forma pauperis motion and petition for writ of habeas corpus challenging his prison classification. The court reversed, holding that a prior sanction against Lowery in the appellate court cannot serve as precedent to deny filing right
• Pinkney v. State
  682 So. 2d 1182· Fla. 5th DCA· 1996-11-08 ·cited 4×
  Pinkney filed his second petition for habeas corpus claiming ineffective assistance of appellate counsel. The court denied the petition as successive and an abuse of process, prohibiting Pinkney from filing further pro se pleadings concerning his convictions and sentences.
• Costello v. The Honorable John Fennelly
  681 So. 2d 926· Fla. 4th DCA· 1996-10-30 ·cited 4×
  A grant of use and derivative use immunity under section 914.04, Florida Statutes, is sufficient to compel testimony over a Fifth Amendment claim, even when the witness faces potential prosecution in other jurisdictions.
• R.E.D. v. Gnat
  681 So. 2d 847· Fla. 1st DCA· 1996-10-17 ·cited 4×
  A juvenile detained pending placement in a high-risk residential program sought habeas corpus relief, arguing his secure detention exceeded the statutory 15-day limit. The Florida District Court of Appeal held that the 15-day limitation applies only to low and moderate-risk place
• Stokes v. State
  685 So. 2d 1368· Fla. 2d DCA· 1996-10-11 ·cited 4×
  Roderick Stokes appeals the summary denial of his postconviction motion. The court vacates his conviction for attempted first-degree felony murder based on State v. Gray's holding that this crime no longer exists in Florida, while affirming the denial of other ineffective assista
• P.M.W. v. State
  678 So. 2d 484· Fla. 5th DCA· 1996-08-16 ·cited 4×
  A juvenile delinquent petitioned for a writ of habeas corpus after his appellate counsel failed to file an initial brief, resulting in dismissal of his direct appeal. The court granted the petition, finding ineffective assistance of counsel, and reinstated the appeal with new cou
• Goggins v. Pinellas Cnty.
  685 So. 2d 1334· Fla. 2d DCA· 1996-04-19 ·cited 4×
  Michael Goggins petitioned for a writ of mandamus to compel the trial court to provide free court transcripts for use in a potential habeas corpus petition challenging his appellate counsel's effectiveness. The Florida District Court of Appeal denied the petition, holding that pr
• Harrison v. State
  667 So. 2d 382· Fla. 1st DCA· 1995-12-04 ·cited 4×
  Stephen Harrison challenges the Department of Corrections' denial of prison time credit on one of two concurrent sentences following probation revocation. The court holds that under Tripp v. State, Harrison is entitled to credit for time previously served in prison on both concur
• Offen v. State
  662 So. 2d 742· Fla. 4th DCA· 1995-11-08 ·cited 4×
• Dougan v. Singletary
  644 So. 2d 484· Fla.· 1994-09-08 ·cited 4×
  Jacob Dougan, convicted of murder and sentenced to death, petitioned for habeas corpus relief arguing that a defective jury instruction on the aggravating factor of 'heinous, atrocious, or cruel' violated Espinosa v. Florida. The Florida Supreme Court denied the petition, finding
• Davis v. Singletary
  853 F. Supp. 1492· M.D. Fla.· 1994-05-25 ·cited 4×
  The court held that the pretrial publicity did not rise to the level of presumed prejudice and that the trial court did not abuse its discretion in denying a motion for individual and sequestered voir dire.
• Brown v. State
  633 So. 2d 1175· Fla. 3d DCA· 1994-03-22 ·cited 4×
  The court held that a claim for failure to enter written findings of fact before imposing adult sanctions on a minor is procedurally barred if not raised in a timely postconviction motion.
• Nerey v. State
  634 So. 2d 206· Fla. 3d DCA· 1994-03-22 ·cited 4×
  Nerey petitioned for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a Miranda waiver issue on appeal. The Florida District Court of Appeal, Third District, denied the petition, holding that appellate counsel has discretion to focus on str
• Hunter v. F.P. Samples
  15 F.3d 1011· 11th Cir.· 1994-03-07 ·cited 4×
  The Eleventh Circuit affirmed the denial of habeas relief, holding that the Interstate Agreement on Detainers Act does not apply to transfers of federal prisoners between federal judicial districts.
• In the Interest of M.T.
  627 So. 2d 1319· Fla. 4th DCA· 1993-12-10 ·cited 4×
  A juvenile detained under Florida law petitioned for habeas corpus claiming his detention exceeded the statutory twenty-one day maximum. The court upheld the extension to December 13, finding good cause based on judicial unavailability and the petitioner's failure to accept an ea
• Monzon v. Singletary
  619 So. 2d 527· Fla. 3d DCA· 1993-06-22 ·cited 4×
  Florida appellate court granted habeas corpus relief where appellate counsel failed to raise a double jeopardy challenge to dual convictions for murder with a firearm and firearm possession, vacating the firearm conviction while affirming the murder conviction.
• Brazile v. State
  618 So. 2d 305· Fla. 1st DCA· 1993-05-03 ·cited 4×
  Willie James Brazile sought a belated appeal of an order denying his post-conviction ineffective assistance of counsel claim. The trial court granted his motion for a belated appeal based on his allegation that he did not receive notice of the denial order for eight months. The a
• Raske v. Dugger
  819 F. Supp. 1046· M.D. Fla.· 1993-04-20 ·cited 4×
  The court granted defendants' motion for summary judgment in part, finding plaintiff's allegations of conspiracy and constitutional violations to be vague and conclusory, but deferred ruling on a specific gaintime calculation issue.
• Emejulu v. Immigr. & Naturalization Serv.
  989 F.2d 771· 5th Cir.· 1993-04-15 ·cited 4×
  The court held that it lacked original jurisdiction to hear the habeas corpus petition and ordered it transferred to the appropriate district court, despite petitioner's concerns about delays.
• Tizianna Ferrari v. Rubin
  616 So. 2d 611· Fla. 5th DCA· 1993-04-09 ·cited 4×
  The trial court erred in entering a judgment awarding personal property located in Italy, as it lacked personal jurisdiction over the defendant. The judgment is void.
• James v. Collins
  987 F.2d 1116· 5th Cir.· 1993-03-25 ·cited 4×
  The court held that the Texas capital sentencing scheme, including its special issues, is constitutional and that the district court properly deferred to state court findings of fact. The court also found no unconstitutional deprivation of mental health expert assistance.
• Montoya v. Collins
  988 F.2d 11· 5th Cir.· 1993-03-24 ·cited 4×
  The court denied the certificate of probable cause and stay of execution because the petitioner failed to make a substantial showing of the denial of a federal right, and the issues raised were not debatable among jurists of reason.
• Jones v. Joseph Ryan, Superintendent, State Corr. Inst. at Dallas, PA
  987 F.2d 960· 3d Cir.· 1993-03-05 ·cited 4×
  The court held that the prosecution's use of peremptory challenges to strike black venirepersons violated the petitioner's right to equal protection under the Fourteenth Amendment.
• Brewer v. Lewis
  989 F.2d 1021· 9th Cir.· 1993-03-02 ·cited 4×
  The Ninth Circuit granted a certificate of probable cause and a stay of execution, finding that the district court erred in denying standing to a "next friend" petition for habeas corpus.
• Sinclair v. Henman
  986 F.2d 407· 10th Cir.· 1993-02-19 ·cited 4×
  The court held that the Marshal's Service's execution of the parole violator warrant contrary to the Parole Commission's instructions rendered the execution invalid, thus eliminating the requirement for a timely parole revocation hearing.
• Howard v. Senkowski
  986 F.2d 24· 2d Cir.· 1993-02-17 ·cited 4×
  The dual motivation principle applies to Batson challenges, meaning a prosecutor must prove that peremptory challenges would have been exercised for race-neutral reasons even if race was a motivating factor.
• Roldan v. Racette
  984 F.2d 85· 2d Cir.· 1993-01-22 ·cited 4×
  The court held that it lacked subject matter jurisdiction to review the habeas corpus petition because the petitioner was no longer in custody and had departed the United States after a deportation order was issued, rendering the appeal moot and the statutory bar applicable.
• Williams v. United States
  984 F.2d 28· 2d Cir.· 1993-01-15 ·cited 4×
  An order denying a motion to vacate a sentence under 28 U.S.C. § 2255 is not subject to the judgment entry requirement of Fed.R.Civ.P. 58, and therefore, no judgment need be entered upon such an order.
• Brittingham v. United States
  982 F.2d 378· 9th Cir.· 1992-12-23 ·cited 4×
  The court held that the U.S. Marshal for the District of Hawaii was not the petitioner's custodian for habeas corpus purposes, and thus the district court lacked personal jurisdiction.
• Horizon Hosp. v. Williams
  610 So. 2d 692· Fla. 2d DCA· 1992-12-18 ·cited 4×
  The court held that the plain language of the statute requires the petition for involuntary placement to be executed, not filed, within the 72-hour period.
• Goldsmith v. S.R. Witkowski
  981 F.2d 697· 4th Cir.· 1992-11-24 ·cited 4×
  The court held that the evidence was constitutionally sufficient to support the petitioner's drug convictions, and the jury's consideration of stricken testimony did not violate his rights.
• Shelton R. Thomas v. Goldsmith
  979 F.2d 746· 9th Cir.· 1992-11-10 ·cited 4×
  The court held that the prosecution's late notice of a rebuttal witness did not violate due process, and the defendant's absence from a portion of a voluntariness hearing was harmless error. However, claims previously deemed procedurally barred regarding sentencing may be conside
• King v. Rowland
  977 F.2d 1354· 9th Cir.· 1992-10-22 ·cited 4×
  The court held that the trial court did not err in failing to declare a mistrial due to a conflict of interest or in physically restraining the defendant during trial, nor did the restraints prevent effective assistance of counsel.
• Garvin Dale White v. Henman
  977 F.2d 292· 7th Cir.· 1992-10-05 ·cited 4×
  The Bureau of Prisons is an 'agency' under the Administrative Procedure Act, but procedural errors in disciplinary hearings do not automatically render an inmate's custody illegal or unconstitutional.
• Aguilar-Ayala v. Cecilio Ruiz
  973 F.2d 411· 5th Cir.· 1992-09-25 ·cited 4×
  The court affirmed the denial of attorney's fees, holding that the government's position in resisting the litigation was substantially justified due to the unresolved legal issues surrounding the detention of alien material witnesses.
• Scott v. Roberts
  975 F.2d 1473· 10th Cir.· 1992-09-22 ·cited 4×
  The denial of a continuance to secure a witness's testimony did not violate the appellant's constitutional rights because it was not arbitrary or unreasonable and did not render the trial fundamentally unfair.
• Jeffers v. Lewis
  974 F.2d 1075· 9th Cir.· 1992-08-31 ·cited 4×
  The court held that the Arizona Supreme Court erred by affirming a death sentence without adequately considering mitigating evidence or conducting a proper reweighing of factors after invalidating one aggravating circumstance.
• Tucker v. DAY
  969 F.2d 155· 5th Cir.· 1992-08-26 ·cited 4×
  The failure of appointed counsel to provide any assistance at a resentencing hearing constitutes a constructive denial of counsel, presumed to result in prejudice.
• Nolan v. Armontrout
  973 F.2d 615· 8th Cir.· 1992-08-19 ·cited 4×
  The court held that ineffective assistance of post-conviction counsel does not constitute cause to excuse a procedural default, and inaccurate parole advice does not automatically taint a guilty plea without proof of prejudice.
• Moran v. Godinez
  972 F.2d 263· 9th Cir.· 1992-07-30 ·cited 4×
  The court held that the state court erred by applying the wrong legal standard to determine the defendant's competency to waive his constitutional rights and enter guilty pleas.
• Paris Hoyt Carriger v. Lewis
  971 F.2d 329· 9th Cir.· 1992-07-28 ·cited 4×
  The court held that the petitioner is entitled to a new trial due to the jury not being given the option to convict of a lesser included offense and ineffective assistance of counsel.
• Marczak v. Greene
  971 F.2d 510· 10th Cir.· 1992-07-23 ·cited 4×
  The court held that the District Director's denial of parole was not supported by individualized, factually based reasons, and thus constituted an abuse of discretion.
• Nickerson v. T.A. LEE
  971 F.2d 1125· 4th Cir.· 1992-07-23 ·cited 4×
  The court held that a rule prohibiting discrimination in the selection of North Carolina grand jury foremen would be a new rule of law under Teague v. Lane, making the claim not cognizable in federal habeas corpus. The court also held that Nickerson failed to establish a prima fa
• Bobo v. Kolb
  969 F.2d 391· 7th Cir.· 1992-07-22 ·cited 4×
  The court affirmed the denial of the habeas petition, holding that Bobo's silence was not an invocation of his right to remain silent and that his ineffective assistance of counsel claim was procedurally defaulted.
• Landano v. Rafferty
  970 F.2d 1230· 3d Cir.· 1992-07-16 ·cited 4×
• Frank v. Johnson
  968 F.2d 298· 2d Cir.· 1992-07-10 ·cited 4×
  A non-material omission in a magistrate judge's report regarding the consequences of failing to object does not excuse a pro se litigant's untimely objection if clear notice was otherwise provided.