Habeas Corpus

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

• Mendiola v. Estelle
  635 F.2d 487· 5th Cir.· 1981-01-29 ·cited 56×
  The court held that the petitioner's claims regarding sentence enhancement, admissibility of prior convictions, and ineffective assistance of appellate counsel did not warrant federal habeas corpus relief.
• Ahssem Rifai v. United States Parole Comm'n & Warden
  586 F.2d 695· 9th Cir.· 1978-11-20 ·cited 56×
  The court held that neither the 1973 parole guidelines nor the 1976 statutory changes violated the ex post facto clause because the guidelines were procedural and the statutory changes did not inflict greater punishment.
• Rinehart v. Lou V. Brewer
  561 F.2d 126· 8th Cir.· 1977-08-19 ·cited 56×
  The court held that a 15-year-old defendant's guilty plea was involuntary due to inadequate explanations and immaturity, and that he received ineffective assistance of counsel and was denied an impartial tribunal.
• Zicarelli v. Gray
  543 F.2d 466· 3d Cir.· 1976-09-10 ·cited 56×
  The court did not definitively rule on the jury selection issue as it was not presented and the case's disposition made it unnecessary.
• Roddy v. Black
  516 F.2d 1380· 6th Cir.· 1975-05-27 ·cited 56×
  A state court's acceptance of a guilty plea is not constitutionally invalid for failing to establish a factual basis for the plea, nor for failing to explicitly advise the defendant of the maximum sentence, if the plea was otherwise voluntary and intelligent.
• Rice v. Wolff
  513 F.2d 1280· 8th Cir.· 1975-01-28 ·cited 56×
  The court held that a search warrant affidavit must establish probable cause on its face, and cannot be rehabilitated by post-search evidence not presented to the magistrate. It also held that the petitioner had exhausted his state remedies regarding the alternative ground for th
• Garafola v. Benson
  505 F.2d 1212· 7th Cir.· 1974-11-18 ·cited 56×
  The court held that the Parole Board's practice of ordinarily denying meaningful parole consideration before the one-third sentence mark for prisoners sentenced under 18 U.S.C. § 4208(a)(2) breaches its statutory duty.
• Menechino v. Oswald
  430 F.2d 403· 2d Cir.· 1970-08-05 ·cited 56×
  The Due Process Clause of the Fourteenth Amendment requires that a prisoner be allowed the assistance of retained counsel at his parole release hearing.
• Paszel v. Laird
  426 F.2d 1169· 2d Cir.· 1970-04-08 ·cited 56×
  The court held that a prima facie case for reopening classification does not mandate reopening for post-induction notice claims; a specific finding of changed status is required. The case was remanded for the district court to determine the board's basis for denial.
• United States ex rel. Roy Schuster v. Ross E. Herold, M.D.
  410 F.2d 1071· 2d Cir.· 1969-04-24 ·cited 56×
  The dissenting judge would affirm the lower court's denial of habeas corpus, arguing federal courts should not dictate state procedures for prisoner mental health commitments.
• Craycroft v. Ferrall
  408 F.2d 587· 9th Cir.· 1969-03-05 ·cited 56×
  The court held that the appellant had not exhausted his military administrative remedies, and therefore, the district court should not have granted relief.
• United States ex rel. Anthony Russo v. The State OF NEW Jersey & the Principal Keeper of the State Prison at Trenton
  351 F.2d 429· 3d Cir.· 1965-05-20 ·cited 56×
  The court denied the petition for rehearing en banc.
• Ralph v. Pepersack
  335 F.2d 128· 4th Cir.· 1964-07-16 ·cited 56×
  The admission of Ralph's confession did not violate due process, as his arrest was based on probable cause and the McNabb-Mallory rule does not apply to state prosecutions.
• United States ex rel. Francis Henry Bloeth v. Denno
  313 F.2d 364· 2d Cir.· 1963-01-25 ·cited 56×
  The court held that the extensive and inflammatory pretrial publicity created such prejudice that the jury could not be impartial, violating the defendant's Fourteenth Amendment rights.
• Francis v. Lyman
  216 F.2d 583· 1st Cir.· 1954-11-09 ·cited 56×
  Public officials, including institutional superintendents, are not liable under the Civil Rights Act for actions taken in good faith reliance on a facially valid judicial commitment order, absent express legislative intent to abrogate established privileges.
• Dunn v. Gazzola
  216 F.2d 709· 1st Cir.· 1954-11-09 ·cited 56×
  The court held that the complaint failed to state a claim under the Civil Rights Act for conspiracy to deprive the plaintiff of equal protection of the laws.
• Sellers v. Bridges
  153 Fla. 586· Fla.· 1943-10-15 ·cited 56×
  James Sellers challenges his parole supervision via habeas corpus, arguing the underlying criminal charge was void because moonshine whiskey is not subject to the Florida Beverage Tax Act. The Florida Supreme Court holds that habeas corpus is available to a parolee whose underlyi
• Falcon v. State
  111 So. 3d 973· Fla. 1st DCA· 2013-04-30 ·cited 55×
  Rebecca Lee Falcon, sentenced to mandatory life without parole for first-degree murder committed at age 15, sought postconviction relief based on Miller v. Alabama, which prohibits mandatory life sentences for juveniles. The court affirmed the denial of relief but certified the r
• Seburt Nelson Connor v. State
  979 So. 2d 852· Fla.· 2007-11-15 ·cited 55×
  Seburt Nelson Connor appeals the circuit court's denial of his Rule 3.851 post-conviction motion and petitions for a writ of habeas corpus following his conviction for two counts of first-degree murder and sentences of life imprisonment and death. The Florida Supreme Court affirm
• Chandler v. Crosby
  916 So. 2d 728· Fla.· 2005-10-06 ·cited 55×
  Jim Eric Chandler, convicted of two counts of first-degree murder and sentenced to death, petitions for a writ of habeas corpus claiming that Crawford v. Washington, which established new confrontation clause protections for testimonial hearsay, requires reversal of his convictio
• Demore v. KIM
  538 U.S. 510· U.S.· 2003-04-29 ·cited 55×
  Due process requires individualized procedures to ensure merit to the INS's charge and justification for detaining a lawful permanent resident alien pending a formal hearing.
• United States v. Lane
  738 F.2d 863· 7th Cir.· 1984-07-05 ·cited 55×
  A sentence must be set aside if the defendant shows that false information was part of the basis for the sentence and the sentencing court relied on that misinformation.
• Smith v. Kemp
  715 F.2d 1459· 11th Cir.· 1983-09-09 ·cited 55×
  The court held that the petitioner's claims regarding a Giglio violation, arbitrary application of the death penalty, and jury unconstitutionality were without merit or procedurally barred.
• Carter v. Estelle
  677 F.2d 427· 5th Cir.· 1982-06-01 ·cited 55×
  The court held that the petitioner had met the requirements of the exhaustion doctrine and that his retrial and conviction for embezzlement violated the double jeopardy clause.
• Predrag Stevic v. Sava
  678 F.2d 401· 2d Cir.· 1982-05-05 ·cited 55×
  The court denied the INS's petition for rehearing, adhering to its prior decision.
• Meadows v. Lon Evans
  529 F.2d 385· 5th Cir.· 1976-03-25 ·cited 55×
• Ellis v. State OF Okla. & Warden Ray H. Page
  430 F.2d 1352· 10th Cir.· 1970-08-28 ·cited 55×
  The court held that a defendant's absence from an in camera discussion concerning a juror's qualifications, where the defendant's attorney was present, does not automatically warrant a new trial if the presumption of prejudice can be rebutted by showing the communication was harm
• Linebarger v. State OF Okla. & Ray H. Page
  404 F.2d 1092· 10th Cir.· 1968-12-10 ·cited 55×
  The court held that the district court's factual finding that the prosecutor did not comment on the appellant's failure to testify was not clearly erroneous, and that the jury instruction, while erroneous, did not render the trial fundamentally unfair.
• DeWITT v. Officer R. F. Pail
  366 F.2d 682· 9th Cir.· 1966-09-08 ·cited 55×
  A prisoner's civil rights complaint alleging that prison officials confiscated legal papers necessary for his appeal, thereby frustrating his access to the courts, states a claim for damages under 42 U.S.C. § 1983.
• Whitney v. State
  184 So. 2d 207· Fla. 3d DCA· 1966-03-08 ·cited 55×
  Dennis Whitney, convicted of first-degree murder and sentenced to death, sought collateral relief arguing denial of due process on multiple grounds including pretrial publicity, prosecutorial misconduct, and ineffective assistance of counsel. The appellate court affirmed the tria
• Baker v. Hudspeth
  129 F.2d 779· 10th Cir.· 1942-07-09 ·cited 55×
  The court held that the petitioner was not denied a fair and impartial trial, and therefore, habeas corpus relief was properly denied.
• Chadwick Willacy v. State
  967 So. 2d 131· Fla.· 2007-06-28 ·cited 54×
  Chadwick Willacy, convicted and sentenced to death for the brutal murder of his neighbor Marlys Sather in 1990, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supre
• Orme v. State
  896 So. 2d 725· Fla.· 2005-02-24 ·cited 54×
  Roderick Michael Orme, a death row inmate, appealed the denial of his post-conviction motion for relief and sought habeas corpus review. The Florida Supreme Court found that trial counsel provided ineffective assistance during the penalty phase by failing to investigate and prese
• Hall v. Moore
  792 So. 2d 447· Fla.· 2001-05-10 ·cited 54×
  Habeas corpus relief is denied because the claims raised were previously adjudicated, are procedurally barred, or lack merit.
• Gomez v. Singletary
  733 So. 2d 499· Fla.· 1998-12-24 ·cited 54×
  Five inmates challenged the substitution of Florida's Control Release Program for earlier overcrowding gain-time statutes, arguing the change violated the Ex Post Facto Clause by curtailing their eligibility for sentence reductions. The Florida Supreme Court held that the substit
• Kokal v. Dugger
  718 So. 2d 138· Fla.· 1998-07-16 ·cited 54×
  Gregory Alan Kokal, sentenced to death for a 1983 murder committed during a robbery, appealed the denial of his Rule 3.850 ineffective assistance of counsel motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of both relief and the death sente
• Selvage v. Lynaugh
  842 F.2d 89· 5th Cir.· 1988-03-28 ·cited 54×
  The court held that the district court's stay of execution must be vacated because Selvage's claims are procedurally barred by his failure to object at trial and he has not shown cause and prejudice for this failure.
• Reiger v. Christensen
  789 F.2d 1425· 9th Cir.· 1986-05-21 ·cited 54×
  The court held that the district court must review the state trial record to determine if ineffective assistance of counsel claims and the admission of witness testimony regarding a "long police record" violated due process. Other claims were affirmed.
• Garnett William Cape v. Francis
  741 F.2d 1287· 11th Cir.· 1984-08-31 ·cited 54×
  The court held that a psychiatric examination constitutes a critical stage of proceedings, requiring the presence of counsel.
• Sullivan v. Cuyler
  723 F.2d 1077· 3d Cir.· 1983-12-08 ·cited 54×
• Tilden N. Engle v. Koehler
  707 F.2d 241· 6th Cir.· 1983-05-09 ·cited 54×
  Jury instructions that could have shifted the burden of proof on malice and intent to the defendant are unconstitutional under Sandstrom v. Montana and are not harmless error when the defense is lack of mens rea.
• Ellis v. Hamilton
  669 F.2d 510· 7th Cir.· 1982-02-01 ·cited 54×
  The court held that the plaintiffs' due process rights were not violated because Indiana law provided adequate remedies to correct the alleged misconduct, even if the defendants acted improperly.
• Birl v. Estelle
  660 F.2d 592· 5th Cir.· 1981-11-05 ·cited 54×
  A pro se litigant's failure to file an appeal within the prescribed time limit, without a showing of excusable neglect, deprives the court of jurisdiction.
• Jones v. Helms
  452 U.S. 412· U.S.· 1981-06-15 ·cited 54×
  The statute is constitutional as applied to a parent who willfully abandons a child and then leaves the state, aware that doing so increases the criminal penalty.
• Holman Freeman v. State OF Ga.
  599 F.2d 65· 5th Cir.· 1979-07-18 ·cited 54×
  The court held that a detective's concealment of a key eyewitness, even if personally motivated, is attributable to the state and constitutes a Brady violation if the suppressed testimony was favorable and material, potentially creating reasonable doubt. The court also held that
• Harrison Berrier v. Egeler
  583 F.2d 515· 6th Cir.· 1978-08-08 ·cited 54×
  The dissenting judge argued that even if jury instructions were erroneous under state law, federal habeas review was precluded by the petitioner's failure to object at trial, as required by Wainwright v. Sykes, absent a showing of cause and prejudice.
• In re the Application of Gary James Collins for a Writ of Habeas Corpus. Gary James Collins v. Auger
  577 F.2d 1107· 8th Cir.· 1978-05-08 ·cited 54×
  The court held that the admission of the petitioner's confession, obtained during a court-ordered psychiatric evaluation for competency, violated his due process rights and warranted habeas corpus relief.
• Watson v. Jago
  558 F.2d 330· 6th Cir.· 1977-06-14 ·cited 54×
  The court held that forcing a defendant to defend against a felony-murder charge, not included in the indictment, constitutes a constructive amendment that violates due process under the Fourteenth Amendment, even in a state court trial.
• United States v. Pastor
  557 F.2d 930· 2d Cir.· 1977-05-19 ·cited 54×
  The court held that the district judge erred in finding that the appellant voluntarily absented himself from trial, as his hospitalization for a severe anginal episode was medically justified and his constitutional right to be present was not knowingly waived.
• Gates v. Henderson
  568 F.2d 830· 2d Cir.· 1977-01-12 ·cited 54×