Habeas Corpus

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

• State v. Paul
  783 So. 2d 1042· Fla.· 2001-03-29 ·cited 60×
  The Florida Supreme Court held that a trial court's discretion to deny a subsequent bond application after a defendant breaches a bond condition is circumscribed by the statutory criteria in section 907.041, not by the court's inherent authority. The decision resolves a conflict
• Gregory v. Rice
  727 So. 2d 251· Fla.· 1999-02-11 ·cited 60×
  The Florida Supreme Court addressed the wrongful incarceration of Anthony Gregory for failure to pay child support, holding that courts must make a proper finding that a contemnor has the present ability to pay before imposing civil contempt sanctions, particularly incarceration.
• Kight v. Dugger
  574 So. 2d 1066· Fla.· 1990-11-29 ·cited 60×
  Charles Michael Kight, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion to vacate conviction and sentence and filed a habeas corpus petition, raising various claims of ineffective assistance of counsel, constitutional violations in jury instructions,
• Duro v. Reina
  495 U.S. 676· U.S.· 1990-05-29 ·cited 60×
  The dissenting justices argue that Indian tribes retain inherent criminal jurisdiction over nonmember Indians, as historical statutes and congressional policy support this power, and the majority's reasoning creates an unjustified jurisdictional void.
• Atkins v. Dugger
  541 So. 2d 1165· Fla.· 1989-04-13 ·cited 60×
  Phillip Atkins, a death row inmate, sought habeas corpus relief and review of the trial court's denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court affirmed the denial of all relief, finding that most claims were procedurally barred and that Atkin
• Spencer v. Kemp
  781 F.2d 1458· 11th Cir.· 1986-01-23 ·cited 60×
  The petitioner is entitled to federal habeas review of his jury selection claim because he presented the objection seasonably to the trial court.
• Thomas v. Louie L. Wainwright
  767 F.2d 738· 11th Cir.· 1985-07-17 ·cited 60×
  The court held that a defendant's persistent, unreasonable refusal to communicate with counsel can constitute a waiver of the right to effective assistance of counsel, and that counsel's strategic decisions made in light of the defendant's silence were not ineffective.
• Collins v. A.L. Lockhart
  754 F.2d 258· 8th Cir.· 1985-01-31 ·cited 60×
  The court held that while the conviction was valid, the death sentence must be vacated because the 'pecuniary gain' aggravating circumstance duplicated an element of the underlying capital felony murder charge (robbery), thus failing to narrow the class of eligible defendants as
• Holleman v. Duckworth
  700 F.2d 391· 7th Cir.· 1983-02-18 ·cited 60×
  The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the admissibility of the confessions.
• Washington v. Estelle
  648 F.2d 276· 5th Cir.· 1981-06-16 ·cited 60×
  The court held that the appellant's claims of procedural default, ineffective assistance of counsel, and magistrate violations lacked constitutional merit, affirming the denial of his habeas corpus petition.
• Dunn v. Perrin
  570 F.2d 21· 1st Cir.· 1978-02-02 ·cited 60×
  The court held that the jury instructions on reasonable doubt contained multiple misstatements that violated constitutional standards, requiring reversal of the district court's denial of habeas corpus.
• Rickenbacker v. The Warden
  550 F.2d 62· 2d Cir.· 1976-12-22 ·cited 60×
  The dissenting judge believes that the defense counsel's performance was not reasonably competent, contrary to the majority's view.
• DeBERRY v. Wolff
  513 F.2d 1336· 8th Cir.· 1975-04-11 ·cited 60×
  A claim regarding a trial court's refusal to instruct on a lesser included offense is not cognizable in federal habeas corpus unless it rises to the level of a constitutional violation. Allegations of knowing use of false testimony or suppression of evidence were not supported by
• Dixon v. Jacobs
  427 F.2d 589· D.C. Cir.· 1970-02-05 ·cited 60×
  The court held that a petition for habeas corpus by a mental patient seeking release cannot be dismissed as repetitive if the grounds were not adequately heard and determined within six months preceding the new application.
• Jarrett v. Hon. Stanley Resor
  426 F.2d 213· 9th Cir.· 1970-01-23 ·cited 60×
  The court held that the district court correctly dismissed the action for lack of jurisdiction, as the plaintiff was not in custody within the territorial jurisdiction of the court for habeas corpus purposes, and the action could not be construed as a mandamus action.
• DeBACKER v. Brainard
  396 U.S. 28· U.S.· 1969-11-12 ·cited 60×
  The appeal is dismissed because the constitutional issues presented are not appropriate for resolution under the circumstances.
• Williams v. United States
  416 F.2d 1064· 8th Cir.· 1969-10-09 ·cited 60×
  The court held that a defendant is constitutionally entitled to representation by counsel on direct appeal, and the absence of such counsel requires a new appellate review. The court also held that the trial court did not abuse its discretion in denying motions for severance.
• Earnest v. Willingham
  406 F.2d 681· 10th Cir.· 1969-02-07 ·cited 60×
  An agency cannot provide retained counsel to financially able parolees while denying appointed counsel to indigent parolees at revocation hearings, as this violates due process.
• Nelson v. State
  208 So. 2d 506· Fla. 4th DCA· 1968-03-28 ·cited 60×
  Nelson was convicted of conspiracy, robbery, and assault and represented by public defender at trial. Years later, he filed a post-conviction motion for relief claiming ineffective assistance of counsel for failure to appeal, which the trial court denied and held him in contempt
• Lake v. Cameron
  364 F.2d 657· D.C. Cir.· 1966-05-19 ·cited 60×
• United States ex rel. Cleveland Thompson v. DYE
  221 F.2d 763· 3d Cir.· 1955-04-21 ·cited 60×
  A prosecutor's duty to disclose conflicting evidence depends on the specific facts of the case, particularly when the undisclosed evidence is likely to be persuasive to a jury.
• Kelly v. Dowd
  140 F.2d 81· 7th Cir.· 1944-01-31 ·cited 60×
  The court held that the District Court properly dismissed the petitioner's habeas corpus petition and injunction request because federal courts should not interfere with state judicial and administrative processes unless exceptional circumstances exist.
• Price v. Johnston
  125 F.2d 806· 9th Cir.· 1942-02-11 ·cited 60×
  A federal court may not grant a writ of habeas corpus to review alleged errors of law or fact occurring during a trial if the court had jurisdiction over the person and subject matter, as such errors are correctable only by direct appeal.
• In re Wilson
  140 U.S. 575· U.S.· 1891-05-25 ·cited 60×
  In this habeas corpus petition, Wilson challenged his murder conviction in an Arizona territorial court on two grounds: that the court lacked jurisdiction over the offense committed on an Indian reservation by a non-Indian, and that the grand jury was improperly constituted with
• Raulerson v. Warden
  928 F.3d 987· 11th Cir.· 2019-06-28 ·cited 59×
  Billy Raulerson Jr., a Georgia death row inmate convicted of three murders, appealed the denial of his federal habeas corpus petition on grounds that his trial counsel was ineffective for failing to investigate and present mitigating evidence, that Georgia's requirement that he p
• Bobby v. Bies
  556 U.S. 825· U.S.· 2009-06-01 ·cited 59×
  The Sixth Circuit erred in applying the Double Jeopardy Clause and issue preclusion to bar Ohio from litigating the defendant's mental retardation under Atkins v. Virginia, as the prior state court findings were not essential to the death sentence and the legal landscape had chan
• Graham v. Solem
  728 F.2d 1533· 8th Cir.· 1984-03-05 ·cited 59×
  The court held that the admission of the victim's identification of Graham violated his due process rights due to impermissibly suggestive identification procedures that created a substantial likelihood of misidentification.
• Hutchins v. Wainwright
  715 F.2d 512· 11th Cir.· 1983-09-19 ·cited 59×
  The court held that the prosecutor's introduction of out-of-court statements from an unidentified informant, and reliance on those statements in closing argument, violated the defendant's Sixth Amendment right to confrontation, and this violation was not harmless error.
• Odell Aaron Hicks v. Louie L. Wainwright
  633 F.2d 1146· 5th Cir.· 1981-01-05 ·cited 59×
  The denial of a continuance to present the sole expert witness on an insanity defense violated due process and warranted a writ of habeas corpus.
• Garland Rex Brinlee, Jr. v. Crisp
  608 F.2d 839· 10th Cir.· 1979-11-01 ·cited 59×
  The court held that the petitioner failed to demonstrate a constitutional violation regarding pre-trial publicity, jury selection, the exclusion of veniremen, or the alleged haste and absence during trial, thus affirming the denial of habeas corpus relief.
• Gaines v. Hopper
  575 F.2d 1147· 5th Cir.· 1978-06-30 ·cited 59×
  The court held that the failure of trial counsel to conduct an adequate pre-trial investigation deprived the petitioner of constitutionally effective assistance of counsel.
• Hardwick v. Ault
  517 F.2d 295· 5th Cir.· 1975-08-08 ·cited 59×
  State prisoners are not required to exhaust state administrative remedies before bringing an action under 42 U.S.C. § 1983 for conditions of confinement.
• Brooks v. State OF Tex.
  381 F.2d 619· 5th Cir.· 1967-07-10 ·cited 59×
  The court held that the defendant was denied the effective assistance of counsel at his trial, rendering the trial a mockery of justice.
• State v. Sullivan
  157 Fla. 496· Fla.· 1946-05-28 ·cited 59×
  The Florida Supreme Court vacated a contempt conviction against attorney Vincent C. Giblin for filing an affidavit containing accusations against a circuit judge. The Court held that while certain statements in the affidavit may have been contemptuous, due process required that G
• In re Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure
  132 So. 3d 734· Fla.· 2013-12-05 ·cited 58×
  The Florida Supreme Court adopted amendments to the Florida Rules of Criminal Procedure and Appellate Procedure governing postconviction relief, including modifications to rules on plea withdrawal, sentence correction, and collateral relief motions. The amendments aim to create g
• Pope v. Sec'y FOR the Dep't OF Corr.
  680 F.3d 1271· 11th Cir.· 2012-05-15 ·cited 58×
  Thomas Dewey Pope was convicted of three counts of first-degree murder and sentenced to death in Florida for the murder of Kristine Walters. The Eleventh Circuit affirmed the district court's denial of habeas relief on Pope's guilt-phase ineffective assistance of counsel claims,
• Price v. State
  995 So. 2d 401· Fla.· 2008-10-08 ·cited 58×
  Herbert Price challenges his sexual battery conviction, arguing the charging information was fundamentally defective because it failed to allege an essential element of the crime. The Florida Supreme Court holds that the information adequately charged the offense by tracking the
• Preston v. State
  970 So. 2d 789· Fla.· 2007-05-31 ·cited 58×
  Preston appeals a trial court's denial of his Rule 3.850 motion for postconviction relief and petition for habeas corpus in his first-degree murder conviction and death sentence from 1978. The Florida Supreme Court affirms the denial of all postconviction claims, finding that new
• Ritter v. State
  885 So. 2d 413· Fla. 1st DCA· 2004-10-15 ·cited 58×
  James Ritter challenged his conviction-stage appellate counsel's effectiveness for failing to raise a sentencing issue on appeal. The court found that the trial judge impermissibly considered Ritter's refusal to admit guilt and lack of remorse as factors supporting a sentence abo
• Tompkins v. State
  872 So. 2d 230· Fla.· 2003-10-09 ·cited 58×
  Wayne Tompkins, sentenced to death for the 1985 murder of a 15-year-old girl, challenged his sentence on postconviction appeal after a death warrant was signed. The Florida Supreme Court affirmed the denial of his Brady claims and DNA testing motion but reversed the trial court's
• Mann v. Moore
  794 So. 2d 595· Fla.· 2001-07-12 ·cited 58×
  Larry Mann, convicted in 1982 and sentenced to death for kidnapping and murdering a ten-year-old girl, petitioned for a writ of habeas corpus challenging his death sentence. The Florida Supreme Court denied the petition, finding all of Mann's claims either meritless or procedural
• Delo v. Stokes
  495 U.S. 320· U.S.· 1990-05-11 ·cited 58×
• Magill v. Dugger
  824 F.2d 879· 11th Cir.· 1987-07-28 ·cited 58×
  The court held that the death sentence must be vacated due to ineffective assistance of counsel during the guilt and penalty phases, and the jury's failure to consider non-statutory mitigating circumstances.
• Jones v. State
  446 So. 2d 1059· Fla.· 1984-02-02 ·cited 58×
  Leslie Jones, under a death sentence, appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and motion to disqualify the trial judge. The Florida Supreme Court affirms both denials, holding that the trial judge's comments and compensation decisions d
• Wallace v. A.L. Lockhart
  701 F.2d 719· 8th Cir.· 1983-03-07 ·cited 58×
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims were either procedurally barred, lacked merit, or failed to demonstrate prejudice or a constitutional violation.
• Huffman v. Louie L. Wainwright
  651 F.2d 347· 5th Cir.· 1981-07-20 ·cited 58×
  The court held that the denial of habeas corpus relief must be reversed and remanded for an evidentiary hearing to determine if the petitioner waived his claim of an unconstitutionally selected jury due to procedural default, or if the 'cause and prejudice' exception applies.
• Lovett v. State
  627 F.2d 706· 5th Cir.· 1980-10-08 ·cited 58×
  The court held that the denial of the writ of habeas corpus was proper because the petitioner's trial counsel provided reasonably effective assistance.
• Mabry v. Klimas
  448 U.S. 444· U.S.· 1980-06-30 ·cited 58×
• United States ex rel. Thomas Trantino v. Hatrack
  563 F.2d 86· 3d Cir.· 1977-08-01 ·cited 58×
  The court held that a state prosecutor cannot waive the federal habeas corpus exhaustion requirement, and the petitioner failed to exhaust state remedies for his Brady claim.
• Park v. H. T. (Tommy) Huff
  506 F.2d 849· 5th Cir.· 1975-01-20 ·cited 58×
  The majority opinion misunderstands the Confrontation Clause by allowing hearsay statements from unavailable witnesses to be admitted against the defendant.