Habeas Corpus

18,806 Florida cases classified under this topic, plus 3,119 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Ford v. Strickland
  696 F.2d 804· 11th Cir.· 1983-01-07 ·cited 214×
  The court held that the Florida Supreme Court's practice of considering non-record material on direct appeal in capital cases violates due process, and that failure to require full resentencing after invalidating aggravating factors is an error.
• State v. Weeks
  166 So. 2d 892· Fla.· 1964-03-04 ·cited 214×
  The Florida Supreme Court held that an indigent defendant is not entitled to counsel as an absolute right in appeals from adverse collateral post-conviction relief rulings, distinguishing such civil proceedings from direct criminal appeals where the Sixth Amendment right applies.
• Nance v. Warden, Georgia Diagnostic Prison
  922 F.3d 1298· 11th Cir.· 2019-04-30 ·cited 206×
  The Eleventh Circuit affirmed the district court's denial of the habeas petition, finding that the state court's decisions were not contrary to clearly established federal law or based on an unreasonable determination of facts.
• Rev. Dr. James Armstrong v. Harris
  773 So. 2d 7· Fla.· 2000-09-07 ·cited 206×
  The Florida Supreme Court invalidated Constitutional Amendment No. 2, which would have altered the state's Cruel or Unusual Punishment Clause by requiring its interpretation to conform to federal constitutional standards and authorizing the death penalty. The Court held that the
• Guzman v. State
  868 So. 2d 498· Fla.· 2003-11-20 ·cited 205×·via Writ Of Habeas Corpus
  James Guzman appeals the denial of his post-conviction Rule 3.850 motion challenging his death sentence for murder, raising claims of prosecutorial misconduct, evidence suppression, and destruction of evidence. The Florida Supreme Court affirms most denials but remands the Giglio
• Sheley v. Fla. Parole Comm'n
  703 So. 2d 1202· Fla. 1st DCA· 1997-12-31 ·cited 202×
  An inmate serving a life sentence for armed robbery sought mandamus review of the Florida Parole Commission's order suspending his presumptive parole release date. The First District Court of Appeal held that when mandamus is used as an appellate remedy in the circuit court to re
• Millard Robert Beasley v. United States
  491 F.2d 687· 6th Cir.· 1974-02-01 ·cited 200×
• Mosley v. State
  209 So. 3d 1248· Fla.· 2016-12-22 ·cited 199×
  John Mosley was convicted of murdering his girlfriend and infant son in April 2004 and sentenced to death for the child's murder and life imprisonment for the girlfriend's murder. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal. In this post
• Marshall v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  828 F.3d 1277· 11th Cir.· 2016-07-12 ·cited 197×·via Habeas Corpus Review
  Johnny Marshall appealed the denial of his habeas corpus petition challenging his Florida armed robbery conviction, arguing that his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to move to suppress an eyewitness identification obtained d
• Munn v. Fla. Parole Comm'n
  807 So. 2d 733· Fla. 1st DCA· 2002-02-12 ·cited 197×
• Busby v. Holman
  356 F.2d 75· 5th Cir.· 1966-01-31 ·cited 195×
  The court did not issue a holding as this is a dissenting opinion.
• Hittson v. GDCP Warden
  759 F.3d 1210· 11th Cir.· 2014-07-09 ·cited 193×·via Federal Habeas Corpus
  The concurrence agrees with the majority that the Georgia Superior Court's application of the Brecht harmless-error standard, rather than the Chapman standard, on state collateral review is irrelevant to federal habeas relief under AEDPA. The concurrence emphasizes that AEDPA req
• Harvey v. Dugger
  656 So. 2d 1253· Fla.· 1995-02-23 ·cited 192×
  Harold Lee Harvey, Jr., a death row inmate, petitioned for habeas corpus and appealed the trial court's denial of his Rule 3.850 postconviction motion challenging his convictions for two first-degree murders. The Florida Supreme Court remanded for evidentiary hearings on several
• Washington v. Strickland
  693 F.2d 1243· 5th Cir.· 1982-12-23 ·cited 191×
  The court held that the district court erred in applying the outcome-determinative test for prejudice in a habeas corpus claim of ineffective assistance of counsel. It established a new standard for prejudice, requiring proof that the omitted mitigating evidence would have "subst
• Teffeteller v. Dugger
  734 So. 2d 1009· Fla.· 1999-03-04 ·cited 188×·via Writ Of Habeas Corpus
  Robert Allan Teffeteller, a death row inmate, appealed the trial court's denial of his rule 3.850 post-conviction motion and petitioned for a writ of habeas corpus, raising twenty-one and twenty-two issues respectively. The Florida Supreme Court affirmed the denial of post-convic
• Archibald Lyles v. United States
  254 F.2d 725· D.C. Cir.· 1957-10-25 ·cited 188×
  The court held that a hospital record indicating schizophrenia was admissible on the defense of insanity, even if not strictly a business record.
• Brock v. Hardie
  114 Fla. 670· Fla.· 1934-05-03 ·cited 188×
  The Florida Supreme Court reversed Brock's habeas corpus denial, holding that fire insurance does not fall within the scope of Florida's anti-trust statute and that the statute itself is not unconstitutionally vague. The decision clarifies that while the anti-trust statute is suf
• Steele v. Kehoe
  747 So. 2d 931· Fla.· 1999-05-27 ·cited 186×
  The Florida Supreme Court held that a convicted defendant must obtain appellate or postconviction relief before pursuing a legal malpractice action against counsel, but also established a due process right to a belated hearing and filing of postconviction relief when counsel agre
• Fine v. Moran
  74 Fla. 417· Fla.· 1917-12-06 ·cited 185×
  Joseph Fine was arrested under Chapter 7283 Laws of Florida (1917), a statute prohibiting the manufacture and sale of intoxicating and certain non-intoxicating liquors in counties that voted against liquor sales. Fine sought habeas corpus relief, arguing the statute was unenforce
• McQUEEN v. Swenson
  498 F.2d 207· 8th Cir.· 1974-06-04 ·cited 183×
  The court held that the petitioner's trial counsel's failure to conduct any pretrial investigation beyond interviewing the defendant constituted ineffective assistance of counsel, violating the Sixth and Fourteenth Amendments.
• State v. Dist. Court of Appeal of Fla.
  569 So. 2d 439· Fla.· 1990-11-01 ·cited 182×
  The Florida Supreme Court held that petitions for belated appeal based on ineffective assistance of counsel must be filed in trial court under Florida Rule of Criminal Procedure 3.850, rather than in appellate court by habeas corpus petition. The Court granted the State's petitio
• Rodriguez v. State
  919 So. 2d 1252· Fla.· 2005-05-26 ·cited 181×·via Habeas Corpus Relief
  Juan David Rodriguez, a death-sentenced prisoner, appeals the denial of his Rule 3.850 postconviction motion and petitions for writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all postconviction claims and denied habeas relief, finding no meri
• State v. Coney
  845 So. 2d 120· Fla.· 2003-03-06 ·cited 178×
  The Florida Supreme Court affirmed a circuit court order vacating Jimmie Lee Coney's death sentence and granting a new penalty phase proceeding, finding that trial counsel rendered ineffective assistance during the penalty phase by failing to adequately investigate and present me
• Brooks v. Kemp
  762 F.2d 1383· 11th Cir.· 1985-05-31 ·cited 177×
  The court denied petitions for rehearing, with a dissenting opinion arguing the majority's prejudice test conflicts with Supreme Court precedent.
• State v. Sullivan
  95 Fla. 191· Fla.· 1928-02-14 ·cited 177×
  The Florida Supreme Court upheld the constitutionality of Chapter 11975, which created a Court of Crimes in Hillsborough County with jurisdiction over misdemeanors. The court held that the 1914 amendment to Article V of the Florida Constitution authorizing the legislature to crea
• Wilson v. Louie L. Wainwright
  474 So. 2d 1162· Fla.· 1985-08-15 ·cited 174×
  The Florida Supreme Court granted habeas corpus relief and a new direct appeal for a capital defendant whose appellate counsel provided ineffective assistance by failing to brief the critical issue of evidentiary sufficiency for premeditation and by providing an inadequate brief
• Proffitt v. Louie L. Wainwright
  685 F.2d 1227· 11th Cir.· 1982-09-10 ·cited 174×
  The court held that the defendant received ineffective assistance of counsel at the sentencing phase because counsel failed to investigate and present mitigating evidence, particularly regarding the defendant's mental condition.
• United States v. Keogh
  391 F.2d 138· 2d Cir.· 1968-02-02 ·cited 173×
  The court held that the appeal was timely filed under civil rules and that the petitioner was entitled to an evidentiary hearing on the issue of prosecutorial suppression of an FBI report concerning unexplained financial transactions.
• Jones v. State
  845 So. 2d 55· Fla.· 2003-02-13 ·cited 172×
  Randall Scott Jones appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus in a capital murder case where he was convicted and sentenced to death for two murders in 1988. The Florida Supreme Court affirmed the trial court's denial
• Williamson v. Dugger
  651 So. 2d 84· Fla.· 1994-11-10 ·cited 172×
  Johnny Williamson, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 motion. The Florida Supreme Court affirmed the lower court's judgment, rejecting claims of ineffective assistance of counsel, prosecutorial misconduct, and i
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 172×
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• Roberts v. State
  568 So. 2d 1255· Fla.· 1990-09-06 ·cited 171×
  Rickey Bernard Roberts, a death row inmate convicted of first-degree murder, armed sexual battery, and armed kidnapping, sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and a writ of habeas corpus challenging his conviction and death sentence. The Flor
• Dallas v. Warden
  964 F.3d 1285· 11th Cir.· 2020-07-13 ·cited 168×
  Donald Dallas was convicted of capital murder and sentenced to death for the 1994 abduction and murder of 73-year-old Hazel Liveoak, whom he left in a car trunk where she died of a heart attack. The Eleventh Circuit affirmed the denial of his federal habeas petition, rejecting bo
• Wilson v. Porter
  361 F.2d 412· 9th Cir.· 1966-05-03 ·cited 168×
  The court held that the initial stop of the appellee's vehicle constituted a lawful, brief detention for investigation, not an arrest, and that the subsequent discovery of a pistol provided probable cause for a lawful arrest and search.
• Williams v. Beto
  354 F.2d 698· 5th Cir.· 1965-12-28 ·cited 168×
  The court held that the appellant received effective assistance of counsel, and the district court's denial of the writ of habeas corpus was supported by ample evidence.
• Sealey v. Warden GDCP.
  954 F.3d 1338· 11th Cir.· 2020-03-31 ·cited 167×
  Richard Sealey, convicted of murdering two victims with an axe in 2002 and sentenced to death, sought federal habeas relief claiming his trial counsel rendered ineffective assistance during sentencing by failing to investigate and present mental health evidence, secure his sole m
• Snowden v. Singletary
  135 F.3d 732· 11th Cir.· 1998-02-18 ·cited 167×·via Habeas Corpus Relief
  Harold Snowden was convicted of five counts of child abuse and sentenced to two consecutive life terms. On federal habeas review, the Eleventh Circuit held that expert testimony vouching for the credibility of child witnesses violated Snowden's due process right to a fair trial w
• Tompkins v. State
  994 So. 2d 1072· Fla.· 2008-11-07 ·cited 160×
  Wayne Tompkins, convicted in 1985 of the 1983 first-degree murder of 15-year-old Lisa DeCarr and sentenced to death, appealed the trial court's denial of his fourth and fifth successive postconviction motions under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Cou
• State v. Johnson
  483 So. 2d 420· Fla.· 1986-02-06 ·cited 160×
  The Florida Supreme Court held that a defendant's double jeopardy rights are not waived by failing to raise the defense before a second trial, and that the state violated the double jeopardy clause when it set aside an unconditionally accepted plea and retried the defendant on th
• The State OF Tex. & Dr. George J. Beto v. Payton
  390 F.2d 261· 5th Cir.· 1968-02-12 ·cited 160×
  The Court held that the District Court erred in granting habeas corpus solely on the basis of a failure to warn the petitioner of his right to remain silent, as Escobedo's holding was limited to the Sixth Amendment right to counsel and did not apply retroactively to trials before
• Torres-Arboleda v. Dugger
  636 So. 2d 1321· Fla.· 1994-04-21 ·cited 159×·via Writ Of Habeas Corpus
  Oscar Torres-Arboleda, a death row inmate, challenged his conviction and sentence for first-degree murder through a Rule 3.850 postconviction motion and habeas petition. The Florida Supreme Court found his trial counsel rendered ineffective assistance during the penalty phase by
• Haile v. Gardner
  82 Fla. 355· Fla.· 1921-11-08 ·cited 158×
  John Haile challenges his conviction for unlawful possession of intoxicating liquor through habeas corpus, arguing the search was warrantless and the jury charge improperly shifted the burden of proof. The Florida Supreme Court affirms the judgment, holding that habeas corpus can
• Koon v. Dugger
  619 So. 2d 246· Fla.· 1993-03-25 ·cited 157×
  Raymond Leon Koon, a death row inmate, appealed the denial of his postconviction relief motion and habeas corpus petition challenging his 1979 murder conviction and death sentence. The Florida Supreme Court affirmed the denial, finding most claims procedurally barred and rejectin
• Kelley v. Sec'y FOR THE Dep't OF Corr.
  377 F.3d 1317· 11th Cir.· 2004-07-23 ·cited 155×
  William H. Kelley, a Florida death row inmate convicted of first-degree murder in the 1966 killing of Charles von Maxcy, sought federal habeas relief on multiple grounds. The district court granted relief on Brady claims regarding suppressed evidence and ineffective assistance of
• Mitchell v. United States
  259 F.2d 787· D.C. Cir.· 1958-06-12 ·cited 155×
  The court held that a prisoner is entitled to a hearing under 28 U.S.C. § 2255 if the motion, files, and records do not conclusively show he is entitled to no relief, and the allegations of counsel's ineffectiveness are not bare.
• Haag v. State
  591 So. 2d 614· Fla.· 1992-01-02 ·cited 154×
  The court held that the mailbox rule applies to pro se incarcerated petitioners, deeming a motion filed when entrusted to prison authorities, not when stamped by the clerk.
• Hammond v. Lenfest
  398 F.2d 705· 2d Cir.· 1968-06-10 ·cited 154×
  The court should not intervene in military justice matters until military remedies are exhausted.
• Fitzgerald v. Estelle
  505 F.2d 1334· 5th Cir.· 1974-12-30 ·cited 153×
• Sims v. State
  754 So. 2d 657· Fla.· 2000-02-16 ·cited 151×
  Terry Melvin Sims, a death row inmate, appealed the trial court's denial of his third Rule 3.850 motion for postconviction relief, raising claims of newly discovered evidence of innocence, constitutional challenges to the retroactive application of Florida's new lethal injection
• Ervin McCRAY v. State
  699 So. 2d 1366· Fla.· 1997-10-09 ·cited 151×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is presumed to be the result of unreasonable delay and prejudicial to the state if filed more than five years after the conviction becomes final.