Habeas Corpus

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

• Outler v. United States
  485 F.3d 1273· 11th Cir.· 2007-05-11 ·cited 50×
  The dissenting judge believes that the petitioner is entitled to equitable tolling because his petition was made untimely by the district court's improper, sua sponte recharacterization of his motion, which constituted an extraordinary circumstance beyond his control. The judge a
• Rutherford v. State
  940 So. 2d 1112· Fla.· 2006-10-12 ·cited 50×
  Arthur Dennis Rutherford, a death row inmate with an active execution warrant, appealed the trial court's denial of his third successive motion for postconviction relief and dismissal of his motion to correct an illegal sentence, and petitioned for habeas corpus. The Florida Supr
• Lynford Blackwood v. State
  946 So. 2d 960· Fla.· 2006-10-12 ·cited 50×
  Lynford Blackwood was convicted of first-degree murder and sentenced to death. On postconviction review, he challenged his conviction and sentence based on ineffective assistance of counsel claims. The Florida Supreme Court affirmed the trial court's denial of his ineffectiveness
• Lucas v. State
  841 So. 2d 380· Fla.· 2003-01-09 ·cited 50×
  Harold Gene Lucas appeals the denial of his rule 3.850 postconviction motion and petitions for a writ of habeas corpus in his capital murder case. After five direct appeals, with four resulting in resentencing orders, the Florida Supreme Court affirmed the trial court's denial of
• Telisia Shaonte Kelley v. Rice
  800 So. 2d 247· Fla. 2d DCA· 2001-10-05 ·cited 50×
  Telisia Kelley, an 18-year-old witness who failed to appear at trial after being subpoenaed, was arrested on a writ of bodily attachment and summarily found in contempt without proper due process protections. The court held that failure to appear in response to a subpoena constit
• Chandler v. Dugger
  634 So. 2d 1066· Fla.· 1994-02-24 ·cited 50×
  Jim Eric Chandler, a death row inmate, petitioned for habeas corpus relief and appealed the denial of his postconviction motion, raising multiple claims of trial and appellate error and ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's denial
• Engle v. Dugger
  576 So. 2d 696· Fla.· 1991-01-15 ·cited 50×
  Gregory Scott Engle was convicted of first-degree murder and sentenced to death after a jury override. The Florida Supreme Court addressed his postconviction motion and habeas corpus petition, rejecting most claims as procedurally barred or without merit, but ordering disclosure
• Harris v. Vasquez
  913 F.2d 606· 9th Cir.· 1990-08-29 ·cited 50×
  The court affirmed the district court's denial of Robert Alton Harris's third federal petition for a writ of habeas corpus, finding no error in the denial without an evidentiary hearing.
• Delap v. Dugger
  513 So. 2d 659· Fla.· 1987-10-08 ·cited 50×
  David Delap petitions for habeas corpus and a stay of execution, arguing that the jury instruction in his capital sentencing violated Lockett v. Ohio principles as clarified by Hitchcock v. Florida. The Florida Supreme Court denies the petition, finding that although the jury ins
• Coleman v. Brown
  802 F.2d 1227· 10th Cir.· 1986-09-30 ·cited 50×
  The court held that the trial court properly excluded jurors opposed to the death penalty, the exclusion did not violate the cross-section requirement, and the petitioner received effective assistance of counsel.
• State v. Beauford White
  470 So. 2d 1377· Fla.· 1985-04-25 ·cited 50×
  Florida Supreme Court held that the U.S. Supreme Court's decision in Enmund v. Florida, which prohibited death sentences for defendants who did not kill or intend killing, did not bar execution of White, who was present during the murders, actively participated in restraining vic
• Middleton v. State
  465 So. 2d 1218· Fla.· 1985-03-04 ·cited 50×
  William Middleton, convicted of first-degree murder and sentenced to death, appealed the denial of his motion to vacate judgment and sentence and his habeas corpus petition challenging the effectiveness of his trial and appellate counsel. The Florida Supreme Court affirmed the de
• Conrado Vela v. W.J. Estelle, Jr.
  708 F.2d 954· 5th Cir.· 1983-07-05 ·cited 50×
  The court held that the petitioner's counsel at the sentencing proceeding was constitutionally deficient, and that counsel's errors resulted in actual and substantial disadvantage to the client's defense.
• Elijah "Tootie Pie" Cosby, Jr. v. Jones
  682 F.2d 1373· 11th Cir.· 1982-08-16 ·cited 50×
  The court held that the inference of guilt from recent possession of stolen goods, without corroborating evidence, is insufficient to support a burglary conviction under the Jackson v. Virginia standard.
• Nelson v. Estelle
  642 F.2d 903· 5th Cir.· 1981-04-17 ·cited 50×
  The court held that a single error by counsel, even if resulting in a state law conviction reversal, does not render the entire trial fundamentally unfair or constitute ineffective assistance of counsel under the Sixth Amendment.
• Chipman v. Mercer
  628 F.2d 528· 9th Cir.· 1980-09-04 ·cited 50×
  The denial of cross-examination to explore a witness's potential bias against a group to which the defendant belonged violated the Sixth Amendment's Confrontation Clause.
• Cole v. Stevenson
  620 F.2d 1055· 4th Cir.· 1980-05-05 ·cited 50×
  A state prisoner is barred from federal habeas corpus relief if he failed to comply with valid state procedural requirements that independently preclude direct review of the merits.
• Strader v. Garrison
  611 F.2d 61· 4th Cir.· 1979-12-20 ·cited 50×
  A guilty plea induced by a lawyer's gross misadvice regarding parole eligibility, a collateral consequence, is involuntary and violates the constitutional right to effective assistance of counsel.
• Johnson v. Metz
  609 F.2d 1052· 2d Cir.· 1979-12-04 ·cited 50×
  The court held that a trial judge's conduct, including excessive intervention and comments, can deny a defendant's due process rights to a fair trial.
• Jiminez v. Estelle
  557 F.2d 506· 5th Cir.· 1977-08-12 ·cited 50×
  The court held that a federal habeas court must determine if there was 'cause' for the petitioner's failure to make a contemporaneous objection on the proper ground and if that failure resulted in actual prejudice, to allow review of a claim barred by state procedural rules.
• Moore v. DeYOUNG
  515 F.2d 437· 3d Cir.· 1975-04-08 ·cited 50×
  The federal court erred in granting a writ of habeas corpus and enjoining ongoing state criminal proceedings. The petitioner failed to exhaust his state court remedies on the merits of his speedy trial claim and did not demonstrate "extraordinary circumstances" that would justify
• State of Fla. ex rel. William Scaldeferri v. Sandstrom
  285 So. 2d 409· Fla.· 1973-10-31 ·cited 50×
  Florida Supreme Court holds that appellate courts have concurrent jurisdiction with circuit courts to review bail determinations via habeas corpus when a sufficient record exists, and reduces petitioner's $150,000 bond to $50,000 as excessive under the circumstances.
• United States ex rel. Benigno Marrero v. Warden, Lewisburg Penitentiary
  483 F.2d 656· 3d Cir.· 1973-08-27 ·cited 50×
  The court held that the repeal of 26 U.S.C. § 7237(d) made prisoners convicted of certain narcotics offenses before the repeal eligible for parole under 18 U.S.C. § 4202, as the savings clause of the repealing act did not encompass parole eligibility decisions made after prosecut
• United States ex rel. Cleveland Reed v. Anderson
  461 F.2d 739· 3d Cir.· 1972-04-11 ·cited 50×
  The court held that a pre-trial photographic display, even without counsel, does not automatically violate the Sixth Amendment right to counsel.
• United States ex rel. Edward Bennett No. H-6720 v. Alfred T. Rundle, Warden of E. Corr. Inst., Graterford, Pa
  419 F.2d 599· 3d Cir.· 1969-12-05 ·cited 50×
  The court held that the Pennsylvania practice of a preliminary hearing to determine confession voluntariness, followed by jury determination in public, satisfies the Sixth Amendment's public trial requirement.
• Haller v. Robbins
  409 F.2d 857· 1st Cir.· 1969-04-23 ·cited 50×
  The court held that a prosecutor's ex parte communication of prejudicial information to a sentencing judge, in the absence of the defendant and counsel, violates due process.
• Wheeler v. Beto
  407 F.2d 816· 5th Cir.· 1969-03-04 ·cited 50×
  The court held that a federal court should not entertain a habeas corpus petition if the petitioner has not exhausted state remedies for all claims presented, even if some claims have been exhausted.
• Worts v. Dutton
  395 F.2d 341· 5th Cir.· 1968-06-05 ·cited 50×
  Sentences must be vacated if counsel was absent at sentencing, and the case must be remanded for a determination of whether counsel's failure to object to the introduction of prior criminal records constituted ineffective assistance.
• Jackson v. Wainwright
  390 F.2d 288· 5th Cir.· 1968-02-26 ·cited 50×
  The prosecutor's failure to disclose exculpatory evidence regarding eyewitness identification violated the defendant's due process rights, entitling him to a writ of habeas corpus.
• United States ex rel. Ralph Maselli v. Reincke
  383 F.2d 129· 2d Cir.· 1967-08-23 ·cited 50×
  The court held that a convicted defendant denied the effective assistance of counsel due to counsel's failure to perfect an appeal, especially when the co-defendant's conviction was later reversed on appeal, is entitled to habeas corpus relief.
• Schiers v. The People OF the State OF Cal.
  333 F.2d 173· 9th Cir.· 1964-06-04 ·cited 50×
  The court held that the petitioner had not exhausted available state remedies for most of his claims, requiring dismissal of the federal habeas corpus petition without prejudice.
• Webster v. State
  156 So. 2d 890· Fla. 1st DCA· 1963-10-17 ·cited 50×
  Elijah Webster appealed from a trial court's order denying his motion under Criminal Procedure Rule No. 1 to vacate two rape convictions and life sentences. The appellate court affirmed the denial, finding that Webster's allegations of denial of counsel at a preliminary hearing a
• Holly v. Smyth
  280 F.2d 536· 4th Cir.· 1960-06-03 ·cited 50×
  The court held that a juvenile defendant facing serious charges without counsel, who was not advised of his rights and received a harsher sentence than co-defendants, presented sufficient 'special circumstances' to warrant a hearing on his habeas corpus petition alleging a violat
• Strand v. Schmittroth
  251 F.2d 590· 9th Cir.· 1957-06-24 ·cited 50×
  A state court's jurisdiction over a defendant is not divested by the defendant's status as a federal probationer; physical custody, not probation status, determines which sovereign has control.
• Steele v. Mayo
  72 So. 2d 386· Fla.· 1954-05-07 ·cited 50×
  Petitioner sought habeas corpus relief challenging his conviction for breaking and entering with intent to commit grand larceny. The Florida Supreme Court rejected his challenges to the trial court's nunc pro tunc correction of the sentencing record and to the validity of chargin
• United States v. Sacher
  182 F.2d 416· 2d Cir.· 1950-04-05 ·cited 50×
  The court held that summary punishment for criminal contempt is an extraordinary exception to due process, justified only by immediate necessity, and requires a hearing when the need for summary action has passed.
• Thomas v. Hunter
  153 F.2d 834· 10th Cir.· 1946-03-01 ·cited 50×
  The court held that a defendant has a constitutional right to counsel at the return of a jury verdict and at sentencing, and that the trial court erred in refusing to allow the petitioner to testify regarding his claim of denial of counsel at these stages.
• Lunsford v. Hudspeth
  126 F.2d 653· 10th Cir.· 1942-03-03 ·cited 50×
  The court held that the writ and commitment indicated an absolute transfer of custody, not a conditional one.
• Roach v. Ephren
  82 Fla. 523· Fla.· 1921-12-20 ·cited 50×
  This case concerns the validity of a $2,500 license tax imposed by the City of Jacksonville on wholesale peddlers of produce, vegetables, and fruit. The court found the tax to be grossly excessive and unreasonable, violating due process and equal protection principles.
• Sanchez-Llamas v. Oregon
  548 U.S. 331· U.S.· 2006-06-28 ·cited 49×
  The Court held that a violation of Article 36 of the Vienna Convention does not automatically require suppression of statements and that procedural default rules can apply to such claims.
• Dodd v. United States
  365 F.3d 1273· 11th Cir.· 2004-04-16 ·cited 49×
  Michael Donald Dodd, a federal prisoner convicted of engaging in a continuing criminal enterprise (CCE) and other drug offenses, appealed the dismissal of his 28 U.S.C. § 2255 petition challenging his conviction on Sixth Amendment and Due Process grounds based on Richardson v. Un
• Ramdass v. Angelone
  530 U.S. 156· U.S.· 2000-06-12 ·cited 49×
  The Virginia Supreme Court's decision was neither contrary to, nor an unreasonable application of, clearly established federal law regarding parole ineligibility.
• Elmo H. GAY v. Singletary
  700 So. 2d 1220· Fla.· 1997-10-23 ·cited 49×
  Elmo Gay sought habeas corpus relief arguing he was entitled to credit for time spent under Control Release supervision when that supervision was revoked due to violation of release conditions. The Florida Supreme Court held that the Parole Commission, as the Control Release Auth
• Booker T. Lincoln v. Fla. Parole Comm'n
  643 So. 2d 668· Fla. 1st DCA· 1994-10-11 ·cited 49×
  The court held that a habitual offender sentenced under Florida law is subject to conditional release supervision even if they earn incentive gain-time, and their reincarceration for violating release conditions was lawful.
• Mills v. Dugger
  559 So. 2d 578· Fla.· 1990-03-01 ·cited 49×
  Gregory Mills, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 postconviction motion, claiming ineffective assistance of counsel for failing to develop mental impairment evidence at sentencing. The Florida Supreme Court deni
• Jackson v. Dugger
  547 So. 2d 1197· Fla.· 1989-07-06 ·cited 49×
  Andrea Hicks Jackson, sentenced to death for the murder of a police officer, challenged her death sentence on habeas corpus grounds, arguing that victim impact evidence presented during the penalty phase violated the Eighth Amendment under Booth v. Maryland. The Florida Supreme C
• Gray v. Greer
  778 F.2d 350· 7th Cir.· 1985-11-27 ·cited 49×
  The court held that the magistrate erred in dismissing the ineffective assistance of appellate counsel claim without reviewing the trial record, and that the standard for showing cause for a procedural default to raise jury selection claims is lower than constitutional ineffectiv
• Wofford v. Louie L. Wainwright
  748 F.2d 1505· 11th Cir.· 1984-12-17 ·cited 49×
  The district court did not violate due process by adopting the magistrate's credibility findings without holding a second evidentiary hearing.
• Chadwick v. Green
  740 F.2d 897· 11th Cir.· 1984-08-31 ·cited 49×
  A defendant need not demonstrate prejudice for ineffective assistance of counsel only in rare circumstances where the adversarial process is presumptively unreliable, not merely when state action impedes counsel's preparation.
• Bertrand v. Sava
  684 F.2d 204· 2d Cir.· 1982-06-25 ·cited 49×
  The court held that the district court impermissibly substituted its judgment for that of the District Director regarding certain factors in evaluating parole applications.