Habeas Corpus

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

• Grieco v. Meachum
  533 F.2d 713· 1st Cir.· 1976-04-07 ·cited 54×
  The court held that the petitioners' constitutional rights were not violated by the trial court's evidentiary rulings, failure to sever, or alleged misconduct, and affirmed the dismissal of their habeas corpus petitions.
• United States ex rel. George T. Williams v. Elza Brantley
  502 F.2d 1383· 7th Cir.· 1974-08-29 ·cited 54×
  The court held that the petitioner was not required to exhaust state remedies by appealing the dismissal of his post-conviction petition because the Illinois Post-Conviction Hearing Act is an ineffective remedy due to the state's strict res judicata and waiver doctrines.
• Brown v. United States
  483 F.2d 116· 4th Cir.· 1973-08-01 ·cited 54×
  The court held that a habeas petitioner is entitled to resentencing if a prior conviction obtained in violation of Gideon was considered by the sentencing judge, even if the prior conviction has not been invalidated in other collateral proceedings.
• In re Korman v. United States
  486 F.2d 926· 7th Cir.· 1973-06-08 ·cited 54×
  The court held that an affidavit from a government official is required for an official denial of electronic surveillance, and that the discretionary extension of a Special Grand Jury's term is not reviewable on appeal.
• Craig v. Beto
  458 F.2d 1131· 5th Cir.· 1972-03-31 ·cited 54×
  The court held that a state court's finding of an intelligent waiver of counsel, based solely on a docket sheet reciting advice of counsel, is insufficient to overcome a petitioner's testimony of indigence and lack of awareness of the right to appointed counsel.
• Kemplen v. State OF Md.
  428 F.2d 169· 4th Cir.· 1970-05-22 ·cited 54×
  The Sixth Amendment, applied via the Fourteenth, requires that a juvenile have the right to counsel at a waiver of juvenile jurisdiction hearing, and this right applies retroactively.
• Allen v. Perini
  424 F.2d 134· 6th Cir.· 1970-04-07 ·cited 54×
  The Court held that a prisoner is not entitled to a default judgment or immediate release due to the state's failure to file a timely return in a habeas corpus proceeding, and the district court retains the power to dismiss the petition sua sponte for failure to exhaust state rem
• Bates v. Commander
  413 F.2d 475· 1st Cir.· 1969-07-24 ·cited 54×
  The court held that there was no basis in fact for the Coast Guard's determination that the petitioner's objection to war was not religious, and thus his discharge as a conscientious objector should have been granted.
• Powe v. State
  216 So. 2d 446· Fla.· 1968-12-10 ·cited 54×
  The court held that Criminal Procedure Rule 1.850 is not the proper procedure for challenging the denial of appellate counsel, but suggested habeas corpus as a potential remedy.
• Simpson v. State
  211 So. 2d 862· Fla. 3d DCA· 1968-06-11 ·cited 54×
  Simpson was convicted of first-degree murder and sentenced to life imprisonment. After failing to timely appeal his conviction, he filed collateral attacks in state court and then a federal habeas corpus petition. The Florida appellate court affirmed his conviction, finding he fa
• Smith v. Olin G. Blackwell
  367 F.2d 539· 5th Cir.· 1966-10-12 ·cited 54×
  Delay in serving a parole violator warrant, issued within the original sentence term, until after a second federal sentence is served does not violate statutory or constitutional law.
• Emil Richard Yates v. United States
  316 F.2d 718· 10th Cir.· 1963-04-29 ·cited 54×
  The court held that the lower court did not err in denying the motion without a hearing because the record conclusively showed the appellant was not entitled to relief, and his constitutional rights were not violated.
• Gaitan v. United States
  317 F.2d 494· 10th Cir.· 1963-04-22 ·cited 54×
  A change in constitutional interpretation does not require retroactive application to invalidate antecedent final judgments, as due process is determined by the law existing at the time of the judicial decision.
• Mulcahey v. Catalanotte
  353 U.S. 692· U.S.· 1957-06-03 ·cited 54×
  The Court held that the savings clause of the Immigration and Nationality Act of 1952 does not apply when the Act specifically provides for deportation based on prior offenses.
• United States v. Howell
  240 F.2d 149· 3d Cir.· 1956-12-28 ·cited 54×
  The court held that the indictment was sufficient, the search and seizure were lawful, and the trial court did not abuse its discretion in denying motions for severance, mistrial, or new trial.
• Taylor v. United States
  179 F.2d 640· 9th Cir.· 1950-01-19 ·cited 54×
  The court held that the trial court correctly denied the motion to vacate sentence, dismissed the habeas corpus petitions, and that the indictment sufficiently charged a violation of the relevant statute.
• United States ex rel. Potash v. Dist. Dir. of Immigr. & Naturalization at Port of N.Y.
  169 F.2d 747· 2d Cir.· 1948-08-03 ·cited 54×
  The court held that the issue of granting bail is a legal one, reviewable by courts, not merely a matter of official discretion or belief.
• Stamphill v. Johnston
  136 F.2d 291· 9th Cir.· 1943-05-24 ·cited 54×
  A federal court has jurisdiction to try and sentence a prisoner surrendered by state authorities, even if the prisoner is serving a state sentence, and the prisoner cannot raise issues of comity via habeas corpus.
• Watson v. Stone
  4 So.2d 700· Fla.· 1941-11-21 ·cited 54×
  The Florida Supreme Court discharged Mose Watson from a conviction for carrying a pistol without a license. The court held that the statute, enacted before automobiles existed, did not apply to a pistol found in the glove compartment of a car, as it was not in the owner's manual
• Nixon v. State
  2 So. 3d 137· Fla.· 2009-01-22 ·cited 53×
  Joe Elton Nixon, convicted and sentenced to death for a 1984 murder, appealed the trial court's denial of his motion for postconviction relief claiming mental retardation bars his execution under Atkins v. Virginia. The Florida Supreme Court affirmed the trial court's finding tha
• Cent. Va. Cmty. Coll. v. Katz
  546 U.S. 356· U.S.· 2006-01-23 ·cited 53×
  The dissenting opinion argues that summary judgment was improperly granted for the college on breach of contract and promissory estoppel claims, asserting that a genuine issue of material fact existed regarding the tuition increase for the Physicians' Assistant Program.
• Bradshaw v. Stumpf
  545 U.S. 175· U.S.· 2005-06-13 ·cited 53×
  The Court is remanding for further consideration of the issue regarding the death sentence.
• McCALL-BEY v. Franzen
  777 F.2d 1178· 7th Cir.· 1985-09-20 ·cited 53×
  Federal courts do not have inherent jurisdiction to enforce settlement agreements of dismissed cases; an independent basis for federal jurisdiction is required.
• Dori Zardui-Quintana v. Richard
  768 F.2d 1213· 11th Cir.· 1985-08-02 ·cited 53×
  The court held that the district director's denial of stays of deportation was not arbitrary or capricious, as the statute does not require separate findings of a "particularly serious crime" and "danger to the community" when a conviction for a particularly serious crime is esta
• Salmeron v. United States
  724 F.2d 1357· 9th Cir.· 1983-12-28 ·cited 53×
  The court held that genuine issues of material fact exist regarding the voluntariness of the release, the sufficiency of consideration, and whether the release binds the children, thus reversing the grant of summary judgment.
• Jean v. Nelson
  711 F.2d 1455· 11th Cir.· 1983-04-12 ·cited 53×
  The court affirmed the district court's judgment ordering the release of detained Haitian immigrants, agreeing that the government's detention policy was unlawful.
• McCOLLUM v. Miller
  695 F.2d 1044· 7th Cir.· 1982-12-20 ·cited 53×
  The court held that while Ramirez-Rodriguez may not have received sufficient due process, the feasibility of additional safeguards requires a remand hearing; the other inmates' cases must be remanded to determine if they can proceed as habeas corpus actions.
• Hudson v. Rushen
  686 F.2d 826· 9th Cir.· 1982-09-09 ·cited 53×
  The state trial court's inquiry into the defendant's motion to substitute counsel, though brief, was sufficient under the circumstances, and thus the defendant received effective assistance of counsel.
• McDONNELL v. Estelle
  666 F.2d 246· 5th Cir.· 1982-01-25 ·cited 53×
  A district court's dismissal of a habeas corpus petition under Rule 9(a) based on laches requires the state to prove prejudice caused by the petitioner's delay, and the petitioner must be given proper notice that the court is considering summary judgment.
• Washington v. Harris
  650 F.2d 447· 2d Cir.· 1981-06-08 ·cited 53×
  The court held that the jury instructions regarding intent for the murder charge were not constitutionally erroneous, but remanded the issue of whether flawed instructions on other charges infected the murder conviction to state courts.
• Sellars v. Procunier
  641 F.2d 1295· 9th Cir.· 1981-04-09 ·cited 53×
• North v. Russell
  427 U.S. 328· U.S.· 1976-06-28 ·cited 53×
  A state's two-tier court system, where a defendant facing potential imprisonment can receive an initial trial before a non-lawyer judge but has an absolute right to a trial de novo before a lawyer-judge, does not violate the Due Process or Equal Protection Clauses of the Fourteen
• United States ex rel. Robert H. Boucher v. Reincke
  341 F.2d 977· 2d Cir.· 1965-02-23 ·cited 53×
  A voluntary and intelligent guilty plea waives claims of illegal search and seizure, and ineffective assistance of counsel does not render such a plea involuntary if counsel acted reasonably under the circumstances.
• State ex rel. Sherman Luban v. Coleman
  138 Fla. 555· Fla.· 1939-06-09 ·cited 53×
  Sherman Luban was held in contempt of court and imprisoned for 30 days after testifying as a witness that he could not remember which of three men had made specific statements to him about gambling machines over a year earlier. The Florida Supreme Court reversed, holding that a w
• Mrs W. M. Hancock v. Dupree
  100 Fla. 617· Fla.· 1930-08-05 ·cited 53×
  A Florida mother challenged a county court judgment committing her children to state custody as dependent children, seeking their return via habeas corpus. The Supreme Court held that circuit courts have jurisdiction to issue writs of habeas corpus in child custody disputes and m
• Hernandez v. State
  Fla. 3d DCA· 2024-02-07 ·cited 52×
  A habeas corpus petitioner who is released from custody during the pendency of the petition cannot demonstrate a significant restraint on liberty and therefore is not entitled to habeas corpus relief.
• Wilson v. Corcoran
  562 U.S. 1· U.S.· 2010-11-08 ·cited 52×
  Federal courts may not grant habeas corpus relief to state prisoners based solely on violations of state law; a federal law violation must be established.
• Norberto Pietri v. State
  885 So. 2d 245· Fla.· 2004-08-26 ·cited 52×
  Norberto Pietri was convicted of the 1988 murder of West Palm Beach police officer Brian Chappell and sentenced to death. On postconviction relief under Florida Rule 3.850, Pietri alleged multiple instances of ineffective assistance of counsel. The Florida Supreme Court affirmed
• LEE v. Kemna
  534 U.S. 362· U.S.· 2002-01-22 ·cited 52×
  The Court's decision to disregard a state procedural rule based on substantial compliance, rather than strict adherence, injects instability and is an unwise course.
• Jones v. State
  740 So. 2d 520· Fla.· 1999-06-17 ·cited 52×
  Ronnie Lee Jones, sentenced to death in 1981 for three counts of first-degree murder, challenged his conviction on grounds of incompetency to stand trial in postconviction proceedings. The Florida Supreme Court reversed and vacated his judgment and sentence because a twelve-year
• State v. Vanhorn
  561 So. 2d 584· Fla.· 1990-05-31 ·cited 52×
  The Florida Supreme Court reviewed a case where a defendant was resentenced under amended guidelines, leading to a departure sentence. The court held that the escalating pattern of the defendant's criminal behavior was a valid reason for departure, affirming the trial court's sen
• Bundy v. State
  538 So. 2d 445· Fla.· 1989-01-20 ·cited 52×
  Theodore Bundy, under sentence of death for the murder of Kimberly Leach, appealed the trial court's denial of his postconviction relief motion under Florida Rule 3.850 and his application for stay of execution. The Florida Supreme Court affirmed the trial court's dismissal of al
• Penry v. Lynaugh
  832 F.2d 915· 5th Cir.· 1987-11-25 ·cited 52×
  The court held that Texas law did not permit the jury to consider all of Penry's personal mitigating circumstances prior to sentencing, but was bound by superior authority to reject this contention.
• Rubin Carter and John Artis v. Rafferty
  826 F.2d 1299· 3d Cir.· 1987-08-21 ·cited 52×
  The court held that the prosecution's failure to disclose oral reports of a polygraph examination of a key witness constituted a Brady violation because the reports were material to impeaching the witness's credibility. The court affirmed the district court's grant of habeas corp
• Jonah Iaea v. Sunn
  800 F.2d 861· 9th Cir.· 1986-09-22 ·cited 52×
  The court held that a defendant's guilty plea may be invalid if counsel's erroneous advice regarding sentencing and potential consequences was deficient and prejudiced the defense, or if the plea was coerced by threats from counsel or third parties.
• Brown v. Louie L. Wainwright
  785 F.2d 1457· 11th Cir.· 1986-03-17 ·cited 52×
  The court held that the prosecution's knowing use of false testimony from a key witness, who denied any plea agreement when one existed, violated due process and required granting the writ of habeas corpus.
• Mendoza v. Miller
  779 F.2d 1287· 7th Cir.· 1985-12-19 ·cited 52×
  The majority holds that the petitioner was not denied due process because the record contained sufficient indicia of informant reliability, the petitioner waived his right to exculpatory material, and the magistrate properly handled in camera review.
• Amos Lee King, Jr. v. Strickland
  714 F.2d 1481· 11th Cir.· 1983-09-02 ·cited 52×
  The court held that while the conviction was valid, the defendant received ineffective assistance of counsel during the penalty phase of his trial due to counsel's failure to present available mitigating evidence and a detrimental closing argument.
• Franklin v. State OF Or.
  662 F.2d 1337· 9th Cir.· 1981-12-07 ·cited 52×
  A district court may dismiss an action sua sponte before issuing summonses only if it clearly lacks subject matter jurisdiction. Otherwise, proper procedural steps, including summons issuance, must be followed.
• McKEE v. Harris
  649 F.2d 927· 2d Cir.· 1981-05-28 ·cited 52×
  The dissenting judge holds that the trial court erred by failing to inquire into the defendant's asserted good cause for substitution of counsel, thereby violating the defendant's Sixth Amendment right to effective assistance of counsel.