Habeas Corpus

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

• Bisaccia v. The Attorney Gen. of the State of N.J.
  623 F.2d 307· 3d Cir.· 1980-06-12 ·cited 52×
  The court held that using a co-conspirator's guilty plea as evidence of a defendant's guilt violates the Sixth Amendment right to confrontation.
• Jackson v. Walker
  585 F.2d 139· 5th Cir.· 1978-12-04 ·cited 52×
  The court held that a showing of actual prosecutorial vindictiveness, not merely the apprehension of it, is required to establish a due process violation in this case, due to the balancing of interests involved.
• United States ex rel. Freddie M. Johnson v. Johnson
  531 F.2d 169· 3d Cir.· 1976-02-26 ·cited 52×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as counsel's actions were within the bounds of normal competency and did not prejudice the petitioner's case.
• Zannino v. Arnold
  531 F.2d 687· 3d Cir.· 1976-02-19 ·cited 52×
  The court held that while the Parole Board's discretion is broad, judicial review via habeas corpus can examine whether the Board's stated reasons for denying parole have a rational factual basis in the record.
• Pierre v. United States
  525 F.2d 933· 5th Cir.· 1976-01-08 ·cited 52×
  Habeas corpus is not the appropriate vehicle for declaratory or injunctive relief unrelated to custody. However, an independent action for such relief may be possible.
• United States ex rel. Cleveland Hines v. LaVALLEE
  521 F.2d 1109· 2d Cir.· 1975-08-13 ·cited 52×
  The court held that a suspect's statement regarding marital status, made without Miranda warnings, is admissible if it constitutes basic identification information required for booking, and that an in-court identification is admissible if based on independent recollection despite
• Cooper v. Lockhart
  489 F.2d 308· 8th Cir.· 1973-12-27 ·cited 52×
  A custodial state must discontinue the punitive effects of a detainer if the requesting state does not promptly provide a parole revocation hearing.
• United States ex rel. Joseph Russo v. Superior Court OF NEW Jersey
  483 F.2d 7· 3d Cir.· 1973-07-24 ·cited 52×
  The court held that the trial judge's declaration of a mistrial due to perceived jury exhaustion, without sufficient inquiry or evidence, did not constitute manifest necessity, thus barring reprosecution on double jeopardy grounds.
• Johnson v. Patterson
  475 F.2d 1066· 10th Cir.· 1973-03-22 ·cited 52×
  The dissent argues that a defendant who testifies waives their Fifth Amendment right against self-incrimination and can be cross-examined on pre-trial silence for impeachment purposes.
• United States ex rel. Neil Bruce Checkman v. Hon. Melvin Laird
  469 F.2d 773· 2d Cir.· 1972-10-27 ·cited 52×
  The court held that the Army's denial of conscientious objector status was erroneous because the administrative record lacked a sufficient basis in fact and failed to provide adequate reasons for the decision.
• NEY v. State OF Cal.
  439 F.2d 1285· 9th Cir.· 1971-03-25 ·cited 52×
• United States ex rel. Roosevelt H. Green H-5734 v. Rundle
  434 F.2d 1112· 3d Cir.· 1970-11-20 ·cited 52×
  The court held that the case must be remanded for a determination of whether the attorney's failure to secure payroll records fell below the standard of normal competence and whether such failure prejudiced the defendant's alibi defense.
• Adiel F. Gonzales v. Beto
  425 F.2d 963· 5th Cir.· 1970-05-06 ·cited 52×
• Ponce v. Craven
  409 F.2d 621· 9th Cir.· 1969-03-11 ·cited 52×
  The court held that the prisoner's constitutional rights were not violated by the police observations, entry, arrest, admissions, or search, and thus affirmed the dismissal of his habeas corpus petition.
• United States ex rel. Charles Mathis v. Rundle
  394 F.2d 748· 3d Cir.· 1968-05-07 ·cited 52×
  The court held that while late appointment of counsel can be inherently prejudicial, the specific facts of this case, including the appointed counsel's testimony at the habeas corpus hearing, did not establish an unrebutted prima facie denial of the right to effective assistance
• Tolar v. State
  196 So. 2d 1· Fla. 4th DCA· 1967-03-07 ·cited 52×
  Roosevelt Tolar appealed a trial court's denial of his post-conviction motion seeking to set aside life sentences for three robbery and conspiracy convictions. The appellate court found the trial court erred by denying the motion without holding an evidentiary hearing, particular
• In re Florida Rules of Criminal Procedure
  196 So. 2d 124· Fla.· 1967-03-01 ·cited 52×
  The Florida Supreme Court adopted comprehensive Florida Rules of Criminal Procedure effective December 31, 1967, establishing uniform procedural requirements for all criminal proceedings in state courts.
• Meyers v. Welch
  179 F.2d 707· 4th Cir.· 1950-01-13 ·cited 52×
  A petition for a writ of habeas corpus was properly denied because it cannot be used to correct mere errors of law or to retry issues already decided on appeal, especially when a statutory remedy like 28 U.S.C.A. § 2255 is available.
• Phyle v. Duffy
  334 U.S. 431· U.S.· 1948-06-07 ·cited 52×
  The Court dismissed certiorari because the California Supreme Court's decision rested on a purely state procedural ground, not a federal constitutional issue.
• Fletcher v. United States
  129 F.2d 262· 5th Cir.· 1942-07-09 ·cited 52×
  The court held that evidence of an unfair hearing by a draft board is not a defense to a criminal prosecution for knowingly failing to report for induction.
• Langston v. Lundsford
  122 Fla. 813· Fla.· 1936-02-19 ·cited 52×
  The Florida Supreme Court held that a Panama City ordinance requiring a license for soliciting orders for alcoholic liquors was invalid because it conflicted with a state statute that preempted the field of alcoholic beverage regulation and prohibited municipalities from imposing
• Sterling Ingram v. Prescott
  111 Fla. 320· Fla.· 1933-07-07 ·cited 52×
  The petitioner sought release from a prison sentence via habeas corpus, claiming immunity because he testified against co-defendants. The court denied his petition, holding that any agreement for immunity must be with court approval and that the petitioner's plea and subsequent a
• Marshall v. Reams
  32 Fla. 499· Fla.· 1893-06-01 ·cited 52×
  In this habeas corpus dispute, the Florida Supreme Court reversed the lower court's award of custody of a minor to his uncle, holding that while the mother had the legal right to transfer custody to her brother, the child's welfare—including evidence of harsh treatment, his age a
• State v. Blair
  39 So. 3d 1190· Fla.· 2010-06-03 ·cited 51×
  The Florida Supreme Court resolved a conflict between district courts regarding pretrial detention standards. The Court held that trial courts cannot order pretrial detention based solely on finding a defendant's failure to appear was willful; instead, courts must determine wheth
• Abdul-Kabir v. Quarterman
  550 U.S. 233· U.S.· 2007-04-25 ·cited 51×
  The Court's decision to grant relief is based on a change in its moral sensibilities, not on changes in established law.
• Jones v. Moore
  794 So. 2d 579· Fla.· 2001-07-05 ·cited 51×
  Clarence Jones, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus challenging his conviction and death sentence for the 1988 murder of Tallahassee police officer Ernest Ponce de Leon. The Court denied the petition, finding the claims either proc
• Immigr. & Naturalization Serv. v. Nat'l Ctr. for Immigrants' Rights, Inc.
  502 U.S. 183· U.S.· 1991-12-16 ·cited 51×
  The Court held that the regulation barring unauthorized employment for aliens released on bond pending deportation proceedings is consistent with the Attorney General's statutory authority under the Immigration and Nationality Act.
• E.K. Wilcox, Jr. v. Ford
  813 F.2d 1140· 11th Cir.· 1987-04-03 ·cited 51×
  The court held that the evidence was sufficient to support the conviction, the police misconduct did not violate due process, and the trial court properly handled jury selection.
• Crisp v. Duckworth
  743 F.2d 580· 7th Cir.· 1984-09-14 ·cited 51×
  The court held that while the attorney's performance may not have met an objective standard of reasonableness, his errors and omissions did not prejudice the defendant's trial outcome to the extent required for habeas corpus relief.
• United States v. Kimmel
  672 F.2d 720· 9th Cir.· 1982-03-04 ·cited 51×
  A defendant who assumes core functions of counsel must knowingly and intelligently waive the right to counsel, and the record must adequately support such a waiver.
• Branch v. Estelle
  631 F.2d 1229· 5th Cir.· 1980-12-04 ·cited 51×
  The court held that the petitioner was not entitled to federal habeas corpus relief on any of his claims, affirming the denial of his petition.
• Grimes v. United States
  607 F.2d 6· 2d Cir.· 1979-09-06 ·cited 51×
  Separate convictions for bank robbery (§ 2113(a)) and armed bank robbery (§ 2113(d)) arising from a single transaction are impermissible, and prosecution under § 924(c) for using a firearm is barred when the underlying felony is armed bank robbery under § 2113(d).
• McCHESNEY v. Henderson
  482 F.2d 1101· 5th Cir.· 1973-07-26 ·cited 51×
  A state court guilty plea is valid if intelligently and voluntarily made, even without express articulation of all constitutional rights, and post-conviction evidence can cure a silent trial record.
• Boyd v. Dutton
  405 U.S. 1· U.S.· 1972-02-22 ·cited 51×
  The court reviewed a conflict certiorari concerning automobile liability policy coverage when a husband driving his wife's car caused an accident, determining the husband's policy did not apply.
• Caraway v. Beto
  421 F.2d 636· 5th Cir.· 1970-01-21 ·cited 51×
  The court affirmed the district court's grant of habeas corpus, finding that the petitioner was denied effective assistance of counsel.
• United States ex rel. William Davis v. Hon. Daniel McMANN
  386 F.2d 611· 2d Cir.· 1967-10-26 ·cited 51×
  The dissenting judge argues that the defendant's actions constituted a deliberate attempt to delay trial and that the trial court acted appropriately in proceeding without counsel after offering multiple opportunities for the defendant to secure one.
• Edge v. Wainwright
  347 F.2d 190· 5th Cir.· 1965-06-08 ·cited 51×
  The court held that a habeas corpus petitioner is entitled to a hearing on allegations that he was denied his right to appeal due to indigency and state inaction.
• People OF the State OF NEW York v. Galamison
  342 F.2d 255· 2d Cir.· 1965-01-26 ·cited 51×
  The court held that the petitioners were not entitled to a federal trial of a state charge under the current interpretation of the statute.
• Larson v. United States
  275 F.2d 673· 5th Cir.· 1960-02-29 ·cited 51×
  A prisoner cannot use a Section 2255 motion to collaterally attack an unappealed conviction when the failure to appeal was a deliberate strategic choice.
• The State of Fla. Ex rel. Kenneth Swanboro v. Mayo
  155 Fla. 330· Fla.· 1944-12-12 ·cited 51×
  The Florida Supreme Court held that a statute criminalizing lewd and lascivious acts against children was unconstitutional as applied because the information failed to specifically describe the alleged act, leaving it to the prosecutor's discretion to define a crime. The court or
• Wilson v. Bell
  137 F.2d 716· 6th Cir.· 1943-06-22 ·cited 51×
  A court can correct an illegal sentence by resentencing, but cannot increase a sentence after the defendant has begun serving it or after the term has expired if the original sentence was lawful. The lawful portion of an excessive sentence remains valid.
• Cahoon v. Smith
  99 Fla. 1174· Fla.· 1930-05-21 ·cited 51×
  The Florida Supreme Court reversed a habeas corpus discharge and upheld Chapter 13700, a 1929 statute regulating motor vehicle transportation companies and imposing a mileage tax on those operating for compensation over public highways. The court rejected constitutional challenge
• The State of Fla. ex rel. v. Dowling
  91 Fla. 236· Fla.· 1926-01-30 ·cited 51×
  This case concerns whether a defendant is entitled to be discharged from a crime after multiple mistrials due to a hung jury. The court held that mistrials, even if repeated, do not constitute a trial for the purposes of statutory discharge, and the defendant is not automatically
• Thelsen v. McDavid
  34 Fla. 440· Fla.· 1894-06-01 ·cited 51×
  The Florida Supreme Court upheld a Pensacola city ordinance prohibiting merchants from keeping stores open on Sunday, rejecting constitutional challenges that the ordinance violated double jeopardy protections and lacked proper legislative delegation.
• Lee v. GDCP Warden
  987 F.3d 1007· 11th Cir.· 2021-02-11 ·cited 50×
  The Eleventh Circuit affirmed the district court's denial of the federal habeas corpus petition, finding the Georgia Supreme Court's rejection of the ineffective assistance of counsel claim was not an unreasonable application of federal law.
• Asay v. State
  224 So. 3d 695· Fla.· 2017-08-14 ·cited 50×
  Mark James Asay, a death-sentenced prisoner with an active execution warrant, appealed the denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the circuit court's denial and rejected all of
• Mann v. State
  112 So. 3d 1158· Fla.· 2013-04-02 ·cited 50×
  Larry Eugene Mann, a death row inmate with an active execution warrant, appealed the denial of his Rule 3.851 postconviction motion and public records requests, and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the circuit court's denials on all grounds,
• Munaf v. Geren
  553 U.S. 674· U.S.· 2008-06-12 ·cited 50×
  Federal courts have jurisdiction over habeas petitions filed by U.S. citizens detained overseas by U.S. forces, but such petitions cannot be used to enjoin transfer to foreign custody for prosecution.
• Lawrence v. State
  969 So. 2d 294· Fla.· 2007-11-01 ·cited 50×
  Jonathan Huey Lawrence, convicted of first-degree murder and sentenced to death, appealed denial of his Rule 3.851 post-conviction motion and filed a habeas petition challenging his conviction and sentence. The Florida Supreme Court affirmed the trial court's denial, finding no m
• Kormondy v. State
  983 So. 2d 418· Fla.· 2007-10-11 ·cited 50×
  Johnny Shane Kormondy appeals the circuit court's denial of his Rule 3.851 motion for postconviction relief and files a habeas corpus petition in this capital murder case where he was sentenced to death in 1994 for murdering Gary McAdams during a home invasion robbery. The Florid