Habeas Corpus

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

• Fitzsimmons v. Yeager
  391 F.2d 849· 3d Cir.· 1968-02-19 ·cited 48×
  The court would affirm the dismissal of the habeas corpus petition for failure to exhaust state remedies, finding that excusable neglect might apply to the petitioner's late filing under state rules.
• Hyde Constr. Co., Inc. v. Koehring Co.
  388 F.2d 501· 10th Cir.· 1968-01-24 ·cited 48×
  The Court of Appeals held that the federal injunction restraining the state court proceedings was invalid under 28 U.S.C. § 2283 and that the civil contempt adjudication must be vacated. The Court also held that the Mississippi state court had jurisdiction to proceed, and the Mis
• Shields v. Beto
  370 F.2d 1003· 5th Cir.· 1967-01-10 ·cited 48×
  The court held that Texas waived its jurisdiction over the appellant's prior sentences by extraditing him to Louisiana and failing to take action for over 28 years.
• Leopold Joseph Doran v. Wilson
  369 F.2d 505· 9th Cir.· 1966-12-05 ·cited 48×
  A guilty plea induced by a coerced confession is invalid, and the petitioner is entitled to a hearing on whether his plea was voluntary.
• Commonwealth OF Pa. ex rel. George W. Craig v. Maroney
  348 F.2d 22· 3d Cir.· 1965-06-30 ·cited 48×
  The court held that the petitioner's confession was admissible, as it was not tainted by an alleged illegal arrest and was made voluntarily despite the circumstances. The court also held that evidence obtained from a warrantless search was inadmissible under Mapp v. Ohio, but Map
• United States ex rel. James J. Savini v. Jackson
  250 F.2d 349· 2d Cir.· 1957-11-29 ·cited 48×
  The court held that a state prisoner's sentence, enhanced based on a prior conviction obtained without advising him of his right to counsel, is unconstitutional and subject to habeas corpus relief.
• United States v. McCORKLE
  248 F.2d 1· 3d Cir.· 1957-08-06 ·cited 48×
  The court held that a juror's prior experience with armed robbery, coupled with the prosecutor's appeal to the jury's fear of robbery, rendered the juror biased, violating due process and making the death sentence intolerable.
• United States ex rel. Dolenz v. Shaughnessy
  206 F.2d 392· 2d Cir.· 1953-08-11 ·cited 48×
  The court held that the denial of a motion for rehearing and the denial of a writ of habeas corpus were not abuses of discretion, affirming the lower court's decision.
• Stroud v. Swope
  187 F.2d 850· 9th Cir.· 1951-03-09 ·cited 48×
• Johnson v. Mayo
  158 Fla. 264· Fla.· 1946-10-04 ·cited 48×
  The court held that Florida law does not require the appointment of counsel for indigent defendants charged with non-capital felonies.
• Duffin v. Tucker
  113 Fla. 621· Fla.· 1933-11-16 ·cited 48×
  C. R. Duffin was arrested for violating a City of Cocoa ordinance requiring a license tax for selling or soliciting orders for goods within city limits. The Florida Supreme Court reversed his conviction, holding that the ordinance violated constitutional protections against discr
• Chapman v. Forrest Lake
  112 Fla. 746· Fla.· 1932-12-20 ·cited 48×
  This case concerns whether a sentence of imprisonment for a felony, when the specific place of imprisonment is not stated, should be served in the state penitentiary or the county jail. The court held that such imprisonment must be in the state penitentiary.
• Barnhill v. State
  971 So. 2d 106· Fla.· 2007-10-25 ·cited 47×
  Arthur Barnhill III, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding no ineffective a
• Broom v. State
  907 So. 2d 1261· Fla. 3d DCA· 2005-08-03 ·cited 47×
  Anthony Broom appealed the denial of his habeas corpus petition by the Miami-Dade Circuit Court. The Third District reversed, holding that the Miami-Dade court lacked jurisdiction to consider collateral attacks on his conviction and sentence, which must be brought in the county w
• O.P. Hollis v. J.O. Davis & the Attorney Gen. of the State of Ala.
  941 F.2d 1471· 11th Cir.· 1991-09-18 ·cited 47×
  The Eleventh Circuit reversed the district court's denial of O.P. Hollis' petition for a writ of habeas corpus. The court found that the systematic exclusion of blacks from the Bullock County jury list in 1959 rendered both the grand and petit juries unconstitutionally composed.
• Foster v. Dugger
  823 F.2d 402· 11th Cir.· 1987-07-16 ·cited 47×
  The court held that the attorney's strategic decision not to pursue additional medical evidence for mitigation was based on reasonable professional judgment and did not constitute ineffective assistance of counsel.
• Matire v. Louie Wainwright
  811 F.2d 1430· 11th Cir.· 1987-03-09 ·cited 47×
  The court held that appellate counsel's failure to raise the Fifth Amendment issue regarding improper comments on the defendant's post-arrest silence constituted ineffective assistance of counsel.
• Dorman v. Louie L. Wainwright
  798 F.2d 1358· 11th Cir.· 1986-09-09 ·cited 47×
  The court held that the state denied petitioner his constitutional right to self-representation and that the district court properly granted habeas corpus relief.
• Tafero v. Louie L. Wainwright
  796 F.2d 1314· 11th Cir.· 1986-07-28 ·cited 47×
  The court held that the Florida Supreme Court's finding on direct appeal satisfied the Enmund requirement, and that Tafero's other claims, including ineffective assistance of counsel and disparate sentencing, were without merit.
• Dufresne v. Baer
  744 F.2d 1543· 11th Cir.· 1984-10-29 ·cited 47×
  The court held that retrospective application of amended parole guidelines does not violate the ex post facto clause because the guidelines are not laws and do not increase the quantum of punishment.
• Moore v. Balkcom
  716 F.2d 1511· 11th Cir.· 1983-09-30 ·cited 47×
  The court held that a federal habeas court should not re-examine a state supreme court's proportionality review, and that a death sentence under the Georgia scheme is not invalid if based partly on non-statutory aggravating factors, provided at least one valid statutory factor su
• Straight v. Louie L. Wainwright
  422 So. 2d 827· Fla.· 1982-09-14 ·cited 47×
  Ronald Straight, a death row inmate, sought habeas corpus relief and appealed the denial of his Rule 3.850 postconviction motion, raising claims of ineffective assistance from both appellate and trial counsel, as well as constitutional challenges to jury instructions on mitigatin
• Tarter v. Hury
  646 F.2d 1010· 5th Cir.· 1981-06-01 ·cited 47×
  The court affirmed the dismissal of most claims, finding some barred by immunity and exhaustion requirements, and others failing to state a claim upon which relief could be granted.
• Lindner v. Wyrick
  644 F.2d 724· 8th Cir.· 1981-03-24 ·cited 47×
  The court held that the district court properly dismissed unexhausted claims and did not err in denying an evidentiary hearing on the exhausted claims, as the factual dispute could be resolved by the record.
• Louis v. Blackburn
  630 F.2d 1105· 5th Cir.· 1980-11-19 ·cited 47×
  Due process requires a district judge to personally hear the testimony of witnesses when making an independent credibility determination that is inconsistent with the magistrate's findings.
• Clark v. Blackburn
  619 F.2d 431· 5th Cir.· 1980-06-18 ·cited 47×
  The court held that the district court's denial of habeas corpus relief must be vacated and remanded for an evidentiary hearing due to an inadequate record concerning allegations of ineffective assistance of trial counsel.
• Bustamante v. Eyman
  456 F.2d 269· 9th Cir.· 1972-02-07 ·cited 47×
  The dissenting judge would hold that the replay of electronically recorded instructions in the defendant's absence was not an error of constitutional dimension and, even if it were, it was harmless error beyond a reasonable doubt.
• United States ex rel. Cary E. Donham v. Resor
  436 F.2d 751· 2d Cir.· 1971-01-06 ·cited 47×
  The court held that while the Army's decision had a basis in fact, it was arrived at in violation of its own regulations, requiring reversal and remand.
• Rowe v. Peyton
  383 F.2d 709· 4th Cir.· 1967-08-28 ·cited 47×
  The writ of habeas corpus is available to state prisoners seeking to attack future sentences, even if those sentences have no present effect on parole eligibility, because the prisoners are substantively in custody for all consecutive sentences.
• Thomas v. Cunningham
  313 F.2d 934· 4th Cir.· 1963-01-08 ·cited 47×
  A state court's refusal to suspend a trial for a preliminary inquiry into the defendant's sanity, despite uncontroverted expert testimony suggesting psychosis, constitutes a denial of due process.
• Payne v. Madigan
  274 F.2d 702· 9th Cir.· 1960-01-19 ·cited 47×
  Written judgments and commitments can properly resolve ambiguities in orally pronounced sentences, provided they do not depart from the substance of the oral pronouncements.
• Kinsella v. Krueger
  351 U.S. 470· U.S.· 1956-06-11 ·cited 47×
• Beasley v. Cahoon
  109 Fla. 106· Fla.· 1933-03-16 ·cited 47×
  M. S. Beasley challenges the constitutionality of Chapter 10177 (Florida's small loan regulation statute of 1925) as an unconstitutional local law that denies equal protection by applying only to counties with populations of 40,000 or more. The Florida Supreme Court upholds the s
• Nabb v. Andreu
  89 Fla. 414· Fla.· 1925-05-21 ·cited 47×
  The court affirmed an order quashing a writ of habeas corpus, holding that the annexation of territory to the City of St. Augustine was valid. The decision clarifies that a majority vote from the combined existing city and proposed territory is sufficient for ratification, not se
• Ex parte Corpus
  28 Fla. 67· Fla.· 1891-06-01 ·cited 47×
  William Pells sought habeas corpus relief from confinement in county jail for non-payment of a fine imposed in his aggravated assault conviction. The Florida Supreme Court held that a newly enacted statute allowing discharge after 60 days of confinement for inability to pay fines
• Leighton Binns v. State
  979 So. 2d 439· Fla. 4th DCA· 2008-04-23 ·cited 46×
  Leighton Binns sought habeas relief based on ineffective assistance of appellate counsel for failing to raise a double jeopardy violation on appeal. The court found that while appellate counsel's failure to raise the issue constituted ineffective assistance, two of the five convi
• Nixon v. State
  932 So. 2d 1009· Fla.· 2006-04-20 ·cited 46×
  Joe Elton Nixon, convicted of murder and sentenced to death, challenged his conviction on multiple grounds including ineffective assistance of counsel for counsel's concession of guilt without express consent. The Florida Supreme Court, applying the Strickland standard after the
• Knight v. State
  923 So. 2d 387· Fla.· 2005-11-03 ·cited 46×
  Askari Abdullah Muhammad (formerly Thomas Knight) appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus in this death penalty case. The Florida Supreme Court affirms the circuit court's summary denial of all postconviction
• Harvard v. Singletary
  733 So. 2d 1020· Fla.· 1999-05-06 ·cited 46×
  The Florida Supreme Court declined to exercise its discretionary jurisdiction over a habeas corpus petition filed by an inmate challenging his assignment to Close Management status, instead transferring the case to the appropriate circuit court. The Court used this case to announ
• Parole Comm'n v. Cooper
  701 So. 2d 543· Fla.· 1997-09-25 ·cited 46×
  The Florida Supreme Court held that when an inmate serving concurrent sentences is released on conditional release for sentences covered under the Conditional Release Program Act, sentences not covered by the Act are not subject to conditional release supervision, and revocation
• Kubat v. Thieret
  867 F.2d 351· 7th Cir.· 1989-01-24 ·cited 46×
  The court affirmed the district court's denial of habeas corpus relief regarding the conviction, but affirmed the grant of relief regarding the death sentence.
• Sotelo v. Ind. State Prison & Linley E. Pearson
  850 F.2d 1244· 7th Cir.· 1988-06-29 ·cited 46×
  The court's opinion, which the author concurs with, applies de novo appellate review to the ultimate issue of confession voluntariness. However, the author argues this approach is incorrect.
• Wicker v. O.L. McCOTTER
  783 F.2d 487· 5th Cir.· 1986-02-18 ·cited 46×
  The court affirmed the denial of habeas corpus relief, finding no constitutional violations in the conviction or sentencing, including issues of hypnotically-enhanced testimony, juror exclusion, ineffective assistance of counsel, and Fourth Amendment claims.
• Kennedy v. Louie L. Wainwright
  483 So. 2d 424· Fla.· 1986-02-12 ·cited 46×
  Edward Kennedy, a death row inmate, petitioned for habeas corpus relief challenging his capital convictions and death sentences on grounds that prospective jurors opposed to capital punishment were unconstitutionally excluded from his jury, and that he received ineffective assist
• Nutall v. Greer
  764 F.2d 462· 7th Cir.· 1985-06-11 ·cited 46×
  A convicted state prisoner who fails to seek leave to appeal to the highest state court waives constitutional objections unless they show cause for the default and prejudice from the alleged infirmities.
• United States ex rel. Raymond Burke v. Greer
  756 F.2d 1295· 7th Cir.· 1985-03-13 ·cited 46×
  The court held that the prosecutor's repeated indirect references to the defendants' failure to testify were constitutionally impermissible and not harmless error, requiring a new trial.
• Thomas v. A.L. Lockhart
  738 F.2d 304· 8th Cir.· 1984-07-05 ·cited 46×
  The court held that the defendant did not receive effective assistance of counsel, and therefore his guilty plea was not voluntary, knowing, and intelligent.
• Jackson v. Carlson
  707 F.2d 943· 7th Cir.· 1983-05-12 ·cited 46×
  Federal prison disciplinary proceedings that provide adequate notice, opportunity to confront witnesses, and rely on some direct or reliable hearsay evidence do not violate due process, even if informal.
• Carrizales v. Louie L. Wainwright
  699 F.2d 1053· 11th Cir.· 1983-03-07 ·cited 46×
  The court held that a state court's interpretation of its own laws does not raise a federal constitutional issue for habeas corpus purposes, and a defective jury instruction is only a constitutional issue if it renders the entire trial fundamentally unfair.
• Owens v. Louie L. Wainwright
  698 F.2d 1111· 11th Cir.· 1983-02-22 ·cited 46×
  The court held that the petitioner's guilty plea was voluntary and knowing, his counsel was effective, and the challenged statute was constitutional.