Habeas Corpus

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

• Johnson v. Bennett
  393 U.S. 253· U.S.· 1968-12-16 ·cited 58×
  The Court vacated the Eighth Circuit's decision and remanded for reconsideration, noting a subsequent en banc ruling that the Iowa alibi instruction unconstitutionally shifted the burden of proof to the defendant.
• United States v. Simeon Jessamy Coke
  404 F.2d 836· 2d Cir.· 1968-11-27 ·cited 58×
  The court adopts new rules to prevent judges from imposing more severe sentences after a defendant exercises their right to appeal, unless justified by new conduct or facts.
• Reddick v. State
  190 So. 2d 340· Fla. 2d DCA· 1966-08-10 ·cited 58×
  William Reddick was convicted of first-degree murder and sentenced to death after pleading guilty. The court reversed and remanded because Reddick's guilty plea was induced by coercion and misapprehension—specifically, the trial judge improperly orchestrated a commitment from the
• Maxwell v. Stephens
  348 F.2d 325· 8th Cir.· 1965-06-30 ·cited 58×
  The court should have suppressed the coat as evidence because its seizure violated the appellant's Fourth Amendment rights.
• Collins v. Beto
  348 F.2d 823· 5th Cir.· 1965-06-18 ·cited 58×
• United States ex rel. Louis von Cseh v. FAY
  313 F.2d 620· 2d Cir.· 1963-02-18 ·cited 58×
  The court held that the delay in bringing the appellant to trial did not violate his due process rights because the delay was justified by the unavailability of a key witness and the appellant suffered no prejudice from the delay.
• United States v. Morton Sobell
  314 F.2d 314· 2d Cir.· 1963-02-06 ·cited 58×
  The court held that Sobell's motion for post-conviction relief based on the 'Grünewald ground' failed because the issue was not of constitutional dimension for him and could have been raised on direct appeal. The 'in time of war' ground also failed as the jury was not specificall
• Jones v. Cunningham
  313 F.2d 347· 4th Cir.· 1963-01-16 ·cited 58×
  The court held that the late appointment of counsel and the attorney's failure to investigate potential defenses or object to illegal convictions constituted ineffective assistance of counsel, violating the defendant's constitutional rights.
• Nat Yanish v. Barber
  232 F.2d 939· 9th Cir.· 1956-04-02 ·cited 58×
  The court held that the district judge's findings of "technical contempt" and "good faith" were unwarranted given prior rulings.
• Crow v. United States
  186 F.2d 704· 9th Cir.· 1950-12-20 ·cited 58×
  A motion to vacate a sentence under 28 U.S.C. § 2255 is premature if the prisoner has not yet begun serving that sentence, even if they are currently serving another sentence.
• Evans v. Rives
  126 F.2d 633· D.C. Cir.· 1942-02-21 ·cited 58×
  A conviction obtained in violation of an accused's Sixth Amendment right to counsel, whether through failure to appoint counsel or lack of a competent and intelligent waiver, is void and subject to collateral attack via habeas corpus.
• State v. McLeod
  126 Fla. 229· Fla.· 1936-11-18 ·cited 58×
  In this habeas corpus case, the Florida Supreme Court held that an indefinite commitment order for civil contempt for failure to pay alimony is void because it does not establish that the defendant has the present ability to comply with the underlying court order. The court estab
• Holland v. Florida
  11th Cir.· 2010-06-14 ·cited 57×
  Equitable tolling is available under AEDPA, and attorney misconduct not attributable to the petitioner, such as abandonment, can constitute extraordinary circumstances.
• Micah Louis Nelson v. State
  43 So. 3d 20· Fla.· 2010-04-29 ·cited 57×
  Micah Nelson appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in his capital murder case. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assistance of counsel claims and denied his habeas petiti
• Stovall v. Sergeant William Cooper
  860 So. 2d 5· Fla. 2d DCA· 2003-08-27 ·cited 57×
  An inmate appealed a trial court's order transferring his complaint from Polk County to Leon County. The court affirmed, holding that petitions for writs of mandamus against the Florida Department of Corrections must be filed in Leon County where the Department maintains its head
• McCULLOUGH v. Singletary
  967 F.2d 530· 11th Cir.· 1992-08-03 ·cited 57×
  Alonzo McCullough, convicted of first-degree burglary and sexual assault as an adult at age seventeen, challenged his life sentence without parole on habeas corpus, arguing that enhancement of his sentence based on four prior juvenile convictions violated due process, shocked the
• Norris v. Risley
  878 F.2d 1178· 9th Cir.· 1989-06-30 ·cited 57×
  The court held that the trial court's failure to assess the potential prejudice from spectators wearing 'Women Against Rape' buttons, instead relying on a standard of imminent threat, was an incorrect legal standard, and thus a federal evidentiary hearing is required.
• Offet v. Solem
  823 F.2d 1256· 8th Cir.· 1987-07-13 ·cited 57×
  The dissent argues that the exhaustion requirement of 28 U.S.C. § 2254 does not apply to 42 U.S.C. § 1983 actions seeking monetary damages, even if the claim relates to the validity of good-time credit deprivation.
• Cartwright v. Maynard
  822 F.2d 1477· 10th Cir.· 1987-06-22 ·cited 57×
  Reliance on an unconstitutionally vague or overbroad statutory aggravating circumstance requires vacating the death sentence, especially when the state courts do not reweigh circumstances on appeal.
• Tucker v. Kemp
  802 F.2d 1293· 11th Cir.· 1986-09-29 ·cited 57×
  The court held that the prosecutor's improper comments during the sentencing phase did not render the proceeding fundamentally unfair, as the jury understood its sole responsibility for the sentencing decision.
• Funchess v. Louie L. Wainwright
  772 F.2d 683· 11th Cir.· 1985-09-16 ·cited 57×
  The dissenting judge would reverse the district court's judgment, finding ineffective assistance of counsel and an arbitrary imposition of the death sentence.
• Tucker v. Kemp
  762 F.2d 1480· 11th Cir.· 1985-05-31 ·cited 57×
  The majority's conclusion that the prosecutorial argument did not affect the reliability and fairness of the sentencing proceeding is disagreed with.
• Mattheson v. King
  751 F.2d 1432· 5th Cir.· 1985-01-22 ·cited 57×
  The court held that the defendant failed to demonstrate ineffective assistance of counsel and that the jury selection process was constitutional. Therefore, the district court's denial of habeas corpus relief is affirmed.
• Espey v. Louie L. Wainwright
  734 F.2d 748· 11th Cir.· 1984-06-18 ·cited 57×
  The district court abused its discretion by dismissing the habeas petition without allowing the petitioner to amend it to delete an unexhausted claim.
• Kathie Boudin v. Thomas
  732 F.2d 1107· 2d Cir.· 1984-04-17 ·cited 57×
  The court held that attorney's fees under the Equal Access to Justice Act (EAJA) are not available for habeas corpus petitions, but may be available for other civil actions against the government. The court also found the government's litigation position regarding contact visits
• Bell v. Watkins
  692 F.2d 999· 5th Cir.· 1982-12-06 ·cited 57×
  The court held that the trial court's sentencing instructions were constitutionally inadequate, requiring reversal of the federal district court's judgment denying habeas corpus relief on that ground. However, the court affirmed the denial of relief regarding the constitutionalit
• Greene v. Louis Wainwright & the Attorney Gen. of the State of Fla.
  634 F.2d 272· 5th Cir.· 1981-01-15 ·cited 57×
  The court held that prohibiting cross-examination into a key witness's potential bias or mental instability violated the defendant's Sixth Amendment right to confrontation.
• Moore v. Duckworth
  443 U.S. 713· U.S.· 1979-07-02 ·cited 57×
  The Court held that while the Court of Appeals applied an improper legal standard, the evidence supporting the conviction was constitutionally adequate under the standard enunciated in Jackson v. Virginia.
• Messelt v. State OF Ala.
  595 F.2d 247· 5th Cir.· 1979-05-17 ·cited 57×
  The court held that the attorney's egregious conduct, including suggesting reindictment for leverage and proposing participation in a drug scheme, violated the petitioner's due process rights and rendered his trials fundamentally unfair.
• Caver v. State OF Ala.
  577 F.2d 1188· 5th Cir.· 1978-08-08 ·cited 57×
  The majority incorrectly held that the petitioner had a full and fair opportunity to litigate his Fourth Amendment claim in state court, contrary to precedent.
• Wright v. Estelle
  572 F.2d 1071· 5th Cir.· 1978-05-10 ·cited 57×
• Barnard v. Henderson
  514 F.2d 744· 5th Cir.· 1975-06-12 ·cited 57×
  The court held that denying a defendant the opportunity to have his own ballistics expert examine the murder weapon and bullet, and excluding testimony of a witness who inadvertently violated the sequestration rule, violated due process.
• Petition of Josette Geisser v. United States
  513 F.2d 862· 5th Cir.· 1975-05-27 ·cited 57×
  The court held that the government's failure to fulfill its plea bargain promises regarding deportation and sentence, despite the defendant's crucial cooperation, necessitates further proceedings to determine the appropriate remedy.
• Parker v. Estelle
  498 F.2d 625· 5th Cir.· 1974-08-05 ·cited 57×
  The court affirmed the denial of habeas corpus relief, holding that the petitioner was not denied credit for time spent in a mental hospital and that his other claims lacked merit or were moot.
• Barnes v. Hunter
  188 F.2d 86· 10th Cir.· 1951-03-21 ·cited 57×
  A federal prisoner seeking relief under 28 U.S.C. § 2255 cannot pursue a habeas corpus petition if the sentencing court has already considered and denied the § 2255 motion, unless the § 2255 remedy is inadequate or ineffective.
• Achtien v. Dowd
  117 F.2d 989· 7th Cir.· 1941-02-19 ·cited 57×
  A federal court cannot grant a writ of habeas corpus if the petitioner has not first exhausted available remedies in state court, even if the petitioner believes state remedies would be futile.
• Ex Parte: N. Vernon Hawthorne. Ex Parte: Dan J. Mahoney
  116 Fla. 608· Fla.· 1934-06-01 ·cited 57×
  Two petitioners were charged with violating Florida's corrupt practices law by publishing charges against a political candidate within eighteen days of a primary election without prior notice. The Florida Supreme Court held that the statute applies only to tangible, written/visua
• Ex parte Bronk v. State
  43 Fla. 461· Fla.· 1901-06-01 ·cited 57×
  John Parker Bronk challenges his detention under a writ of ne exeat issued in an alimony/maintenance suit filed by his wife. The Florida Supreme Court affirms the lower court's denial of habeas corpus, holding that courts may issue a writ of ne exeat in maintenance actions before
• Bradshaw v. Richey
  546 U.S. 74· U.S.· 2005-11-28 ·cited 56×
  The Sixth Circuit erred in holding that transferred intent was inapplicable to aggravated felony murder under Ohio law and in its adjudication of the Strickland claim.
• Mills v. State
  786 So. 2d 547· Fla.· 2001-04-25 ·cited 56×
  Gregory Mills, a death row inmate, appealed the trial court's denial of his Rule 3.850 postconviction relief motion, raising claims of newly discovered evidence regarding a codefendant's credibility, the constitutionality of the felony murder aggravator, and denial of public reco
• Davis v. State
  705 So. 2d 133· Fla. 5th DCA· 1998-01-30 ·cited 56×
  A juvenile can waive written findings for adult sanctions if the waiver is intelligent and knowing.
• Phillips v. State
  608 So. 2d 778· Fla.· 1992-09-24 ·cited 56×
  Harry Franklin Phillips, a death row inmate convicted of murder, appeals the denial of his Rule 3.850 postconviction motion. The Florida Supreme Court affirmed the conviction and guilt-phase claims but found trial counsel was ineffective for failing to present mental health mitig
• Smith v. Armontrout
  888 F.2d 530· 8th Cir.· 1989-10-17 ·cited 56×
  The court held that the petitioner's claims of ineffective assistance of counsel and an unconstitutionally vague aggravating circumstance were without merit, and denied the motion to remand.
• Laws v. Armontrout
  863 F.2d 1377· 8th Cir.· 1988-12-20 ·cited 56×
  The court held that the district court erred in granting habeas corpus relief based on an erroneous legal test for ineffective assistance of counsel and an unsupported assessment of the evidence.
• Walberg v. Israel
  766 F.2d 1071· 7th Cir.· 1985-07-01 ·cited 56×
  The dissenting judge believes the petitioner failed to prove denial of effective assistance of counsel, and that state court findings of fact should be presumed correct.
• Self v. Blackburn
  751 F.2d 789· 5th Cir.· 1985-01-31 ·cited 56×
  The court held that the state district court had jurisdiction to accept a juvenile's guilty plea to first-degree murder and that the prisoner's understanding of parole eligibility did not constitute a breached plea bargain.
• Collins v. Francis
  728 F.2d 1322· 11th Cir.· 1984-03-15 ·cited 56×
  The court held that the trial judge's jury instruction on intent, while erroneous, was harmless beyond a reasonable doubt because the defendant's intent to kill was not a contested issue. The court also found that the statutory aggravating circumstance was properly applied and th
• Sullivan v. State
  441 So. 2d 609· Fla.· 1983-11-21 ·cited 56×
  Robert Sullivan, convicted of murder and sentenced to death in 1973, appeals the trial court's denial of his second Rule 3.850 motion for post-conviction relief and seeks various forms of habeas relief. The Florida Supreme Court affirms the denial of his motion and rejects his ha
• Hayward v. United States Parole Comm'n
  659 F.2d 857· 8th Cir.· 1981-09-18 ·cited 56×
  The court held that the Parole Commission did not violate statutory authority or the ex post facto clause by considering offense sophistication over institutional adjustment and by applying revised guidelines.
• Linton v. Perini
  656 F.2d 207· 6th Cir.· 1981-07-24 ·cited 56×
  The Sixth Amendment right to counsel of one's choice is violated when a trial court arbitrarily denies a reasonable request for a continuance, forcing the defendant to proceed with appointed counsel without adequate time for retained counsel to prepare.