Habeas Corpus

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

• Boruff v. United States
  310 F.2d 918· 5th Cir.· 1962-12-05 ·cited 63×
  The ten-day period for filing a criminal appeal does not commence if the defendant is unrepresented until advised of their right to appeal and counsel files the notice.
• Ragsdale v. Winfred Overholser
  281 F.2d 943· D.C. Cir.· 1960-06-23 ·cited 63×
  The court held that the statute governing commitment after acquittal by reason of insanity is constitutional, but its application requires careful consideration of due process safeguards for continued confinement.
• Boykin v. Huff
  121 F.2d 865· D.C. Cir.· 1941-04-07 ·cited 63×
  The court held that the trial court's actions effectively denied the appellant his right to appeal, and that his initial letter to the judge should be considered a timely notice of appeal.
• Lowe v. State
  2 So. 3d 21· Fla.· 2008-11-06 ·cited 62×
  The Florida Supreme Court affirmed the trial court's denial of relief on most postconviction claims filed by Rodney Lowe, a death row inmate convicted of first-degree murder, but reversed in part by ordering a new penalty phase based on newly discovered evidence and ineffective a
• Withrow v. Williams
  507 U.S. 680· U.S.· 1993-04-21 ·cited 62×
  The Court should apply the general principle that a prior opportunity for full and fair litigation should ordinarily preclude reaching the merits of a habeas claim, unless it goes to the fairness or accuracy of the trial.
• Knight v. Dugger
  863 F.2d 705· 11th Cir.· 1988-12-08 ·cited 62×
• United States ex rel. Mylon C. Cross v. DeROBERTIS
  811 F.2d 1008· 7th Cir.· 1987-01-28 ·cited 62×
  The court held that the petitioner failed to meet his burden of proving prejudice from counsel's alleged ineffectiveness because he did not sufficiently demonstrate what favorable evidence the uncalled witnesses would have provided.
• Johnson v. Louie L. Wainwright
  498 So. 2d 938· Fla.· 1986-12-11 ·cited 62×
  Ineffective assistance of appellate counsel warrants a new trial when counsel fails to raise a clear issue of reversible error regarding jury separation after deliberations began.
• Johnson v. United States
  805 F.2d 1284· 7th Cir.· 1986-11-04 ·cited 62×
  The court should have remanded for a fresh sentencing because the district court's post hoc determination of non-reliance on inaccurate information in the presentence report could not cure the Rule 32 violation.
• Hitchcock v. Louie L. Wainwright
  770 F.2d 1514· 11th Cir.· 1985-08-28 ·cited 62×
  The court held that the petitioner's claims regarding unconstitutional discouragement of mitigating evidence and improper consideration of his refusal to plead guilty were without merit.
• Francois v. Louie L. Wainwright
  741 F.2d 1275· 11th Cir.· 1984-08-31 ·cited 62×
  The court affirmed the denial of the federal habeas corpus petition, finding that the petitioner procedurally defaulted on his claims and failed to demonstrate cause or prejudice for the default.
• Campbell v. Louie L. Wainwright
  738 F.2d 1573· 11th Cir.· 1984-08-20 ·cited 62×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the denial of an evidentiary hearing and the rejection of the petitioner's claims.
• Doyle Edward Skillern v. W.J. Estelle, Jr.
  720 F.2d 839· 5th Cir.· 1983-12-05 ·cited 62×
  The court held that the petitioner's contentions regarding the Enmund issues, denial of an evidentiary hearing, and evidentiary error at the sentencing hearing did not warrant federal habeas relief.
• Ozzie Batchelor v. Hoyt C. Cupp
  693 F.2d 859· 9th Cir.· 1982-11-29 ·cited 62×
  The court held that while the petitioner failed to exhaust state remedies by not presenting his claims to the Oregon Supreme Court, federal review is permissible because no state remedies are currently available and the default was not a deliberate bypass. The court also affirmed
• Rachel v. Bordenkircher
  590 F.2d 200· 6th Cir.· 1978-12-29 ·cited 62×
  The court held that prosecutorial comments on the petitioner's post-arrest silence and failure to testify at trial violated the Fifth and Fourteenth Amendments, warranting reversal of the district court's dismissal of the habeas corpus petition.
• Lyman T. Shepard v. Taylor
  556 F.2d 648· 2d Cir.· 1977-05-27 ·cited 62×
  Applying new parole guidelines that consider offense severity and retribution to a defendant sentenced under the Federal Youth Corrections Act before the 1976 amendments violates the ex post facto clause of the Constitution.
• Ruip v. United States
  555 F.2d 1331· 6th Cir.· 1977-04-08 ·cited 62×
  The court held that parole guidelines do not constitute ex post facto laws, their application does not violate Rule 11, and the issue of due process for salient factor score determination was not properly preserved. The court also found that while sentencing judge's expectations
• State v. Lott
  286 So. 2d 565· Fla.· 1973-12-05 ·cited 62×
  The Florida Supreme Court reversed a trial court's discharge of a defendant charged with vehicle larceny, holding that the trial court had no authority to nullify the court-adopted speedy trial rule by finding it an abuse of the court's rule-making power. The Court established th
• Murch v. Mottram
  409 U.S. 41· U.S.· 1972-11-06 ·cited 62×
• Feliciano v. Hon. Melvin R. Laird
  426 F.2d 424· 2d Cir.· 1970-04-16 ·cited 62×
  The Army's failure to follow its own regulations in processing a hardship discharge application warrants judicial intervention.
• Barnett v. Rodgers
  410 F.2d 995· D.C. Cir.· 1969-02-18 ·cited 62×
  The court held that the District Court erred in dismissing the petitions without determining if the jail's food service policies imposing a burden on Muslim inmates' religious dietary laws were justified by a compelling state interest and pursued by the least restrictive means.
• Phelper v. Decker
  401 F.2d 232· 5th Cir.· 1968-08-06 ·cited 62×
  The court held that the trial judge's procedure for determining the voluntariness of consent to search was constitutionally adequate, and that any taint from a potential illegal arrest was dissipated by the voluntary consent. The court also held that a failure to prove an element
• Gladden v. Unsworth
  396 F.2d 373· 9th Cir.· 1968-05-01 ·cited 62×
  The court held that the admission of Unsworth's written statement without a prior judicial determination of voluntariness, and the admission of his oral statements made while grossly intoxicated, constituted a denial of due process.
• Pearce v. COX
  354 F.2d 884· 10th Cir.· 1965-12-22 ·cited 62×
  A preliminary examination is a critical stage of criminal proceedings requiring counsel; however, a defendant can waive this right by pleading to an information, and the failure to provide counsel at a preliminary examination does not automatically vitiate subsequent proceedings
• Warring v. Colpoys
  122 F.2d 642· D.C. Cir.· 1941-07-29 ·cited 62×
  A change in statutory construction by a higher court does not divest a lower court of jurisdiction it possessed at the time of conviction.
• Morehead v. NEW York ex rel. Tipaldo
  298 U.S. 587· U.S.· 1936-06-01 ·cited 62×
  A laundry manager challenged his criminal conviction for violating New York's minimum wage law for women employees, arguing the statute violated due process rights. The Supreme Court affirmed that the law was unconstitutional, holding that the state lacked power to regulate wages
• Toney Deron Davis v. State
  136 So. 3d 1169· Fla.· 2014-04-10 ·cited 61×
  Toney Deron Davis appeals the denial of his motion to vacate his 1995 convictions for first-degree felony murder, aggravated child abuse, and sexual battery in the death of a two-year-old, and his death sentence. The Florida Supreme Court affirmed, rejecting Brady/Giglio violatio
• Heldrado Zuluaga v. State
  32 So. 3d 674· Fla. 1st DCA· 2010-03-25 ·cited 61×
  The appellate court held that the trial court correctly dismissed the petition for writ of habeas corpus because it was not the proper remedy for challenging a sentence, and the circuit court lacked jurisdiction to review a sentence imposed by another circuit.
• Darius Mark Kimbrough v. State
  886 So. 2d 965· Fla.· 2004-06-24 ·cited 61×
  Darius Mark Kimbrough, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denials, holding that Kimbrough failed to
• Rivera v. State
  859 So. 2d 495· Fla.· 2003-09-11 ·cited 61×
  Michael Rivera, a death row inmate convicted of murdering an 11-year-old child, appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial
• Harich v. Louie L. Wainwright
  813 F.2d 1082· 11th Cir.· 1987-03-18 ·cited 61×
  Defense counsel's performance was not deficient, and the defendant was not prejudiced by counsel's strategy, thus counsel was not ineffective.
• Westbrook v. Zant
  743 F.2d 764· 11th Cir.· 1984-09-21 ·cited 61×
  The Eleventh Circuit held that the district court erred by failing to follow the law of the case established in Westbrook I, which mandated granting habeas corpus relief if the petitioner's counsel represented Jones County in the Gibson litigation.
• Maggio v. Williams
  464 U.S. 46· U.S.· 1983-11-07 ·cited 61×
• Bennie E. Demps v. State
  416 So. 2d 808· Fla.· 1982-06-24 ·cited 61×
  Bennie Demps appealed the denial of his post-conviction relief motion and sought a stay of execution scheduled for June 29, 1982. The Florida Supreme Court affirmed the denial of relief on most claims but reversed and remanded on the claim that the state interfered with a defense
• Palermo v. Warden, Green Haven State Prison
  545 F.2d 286· 2d Cir.· 1976-11-01 ·cited 61×
  The dissenting judge would not grant specific performance of an unauthorized and unfulfillable prosecutorial promise that intruded upon independent agencies' discretion.
• United States ex rel. Thomas Kirby v. Sturges
  510 F.2d 397· 7th Cir.· 1975-01-28 ·cited 61×
  The court held that the federal Constitution does not require states to adopt an exclusionary rule for unnecessarily suggestive showup identifications, and that the totality of the circumstances, particularly the reliability of the identification, determines due process complianc
• LEE v. United States
  501 F.2d 494· 8th Cir.· 1974-08-01 ·cited 61×
  The court held that the United States' appearance and response on the merits likely supplied the necessary personal jurisdiction and waived venue, though precedent still appears contrary.
• Clutchette v. Procunier
  497 F.2d 809· 9th Cir.· 1974-04-25 ·cited 61×
  The court held that the majority's interpretation of Preiser v. Rodriguez regarding exhaustion of state remedies was too strict, and that the inmates' claims regarding the duration of their confinement necessitated exhaustion.
• United States ex rel. Herbert Sperling v. Fitzpatrick
  426 F.2d 1161· 2d Cir.· 1970-05-12 ·cited 61×
  The court concurred in the result, finding that applying the exclusionary rule to parole revocation hearings would be counterproductive given the current state of the parole system.
• Beto v. Martin
  396 F.2d 432· 5th Cir.· 1968-05-14 ·cited 61×
• Levin v. Ramsey Clark
  408 F.2d 1209· D.C. Cir.· 1967-11-15 ·cited 61×
  The court reversed the district court's grant of habeas corpus relief, finding that the alleged newly discovered evidence of a bank officer's non-recall regarding the exchange of large bills was not material and would not have affected the jury's verdict. The dissenting opinion a
• Scott v. Walker
  358 F.2d 561· 5th Cir.· 1966-03-31 ·cited 61×
  The court held that the systematic exclusion of Negroes from jury service, even with token inclusion, violates the Equal Protection Clause of the Fourteenth Amendment.
• Nesby Lawrence Gibbs v. Mayo
  81 So. 2d 739· Fla.· 1955-07-20 ·cited 61×
  Gibbs was charged and convicted of breaking and entering a motor vehicle, but the Florida Supreme Court held that no statute criminalized that specific conduct. The court granted habeas corpus relief because the information failed to charge any offense under Florida law, as the t
• Horton v. Mayo
  153 Fla. 611· Fla.· 1943-10-22 ·cited 61×
  In this habeas corpus proceeding, the Florida Supreme Court addressed whether a conviction for grand larceny should be set aside due to an allegedly defective information that charged a crime committed more than two years before the information was filed, in violation of the stat
• State ex rel. Albert B. Cahn v. Mason
  148 Fla. 264· Fla.· 1941-10-14 ·cited 61×
  Albert B. Cahn petitioned for habeas corpus after being held in contempt of court for failing to pay $439.83 to a bank per a divorce decree. The Florida Supreme Court held that a decree requiring payment of a pre-existing debt to a third party (the bank) cannot be enforced throug
• H. (Horace) Prior v. White
  132 Fla. 1· Fla.· 1938-04-06 ·cited 61×
  The Florida Supreme Court held that a city ordinance prohibiting solicitors from uninvited entry onto private residences was unconstitutional as applied to house-to-house sales solicitors, finding no factual basis for declaring such solicitation a public nuisance and violating th
• Lehman v. Sawyer
  106 Fla. 396· Fla.· 1932-08-06 ·cited 61×
  Alfred Sawyer sought habeas corpus relief challenging his detention under a criminal information charging him with unlawfully catching fish using improper equipment in Florida waters. The Florida Supreme Court reversed the circuit court's discharge order, holding that habeas corp
• Bell v. State
  965 So. 2d 48· Fla.· 2007-06-07 ·cited 60×
  Michael Bell was convicted of two counts of first-degree murder and sentenced to death. Bell appealed the circuit court's denial of his Rule 3.850 postconviction motion claiming ineffective assistance of trial counsel and filed a petition for writ of habeas corpus. The Florida Su
• Hamdan v. Rumsfeld
  548 U.S. 557· U.S.· 2006-06-29 ·cited 60×
  The military commission convened to try Hamdan lacks the power to proceed because its structure and procedures violate both the UCMJ and the Geneva Conventions. Furthermore, the offense charged is not one that may be tried by military commission under the law of war.
• Hodges v. State
  885 So. 2d 338· Fla.· 2004-10-14 ·cited 60×
  George Michael Hodges sought review of a circuit court's denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for a writ of habeas corpus in a death penalty case. The Florida Supreme Court affirmed the denial of postconviction relief and den