Habeas Corpus

18,806 Florida cases classified under this topic, plus 3,119 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Wyndel R. Hall v. Sec'y, Dep't of Corr.
  309 F. 3d 770· 11th Cir.· 2019-04-12 ·cited 148×·via Petition For Writ Of Habeas Corpus
  The Eleventh Circuit held that a deficient state post-conviction motion, dismissed with leave to amend, relates back to the original filing date under Florida law, thus tolling the AEDPA statute of limitations for the entire period the motion was pending, including the time betwe
• Hill v. Humphrey
  662 F.3d 1335· 11th Cir.· 2011-11-22 ·cited 148×
  The concurring opinion argues that the petitioner's claim, alleging a due process violation in a state post-conviction proceeding, is not cognizable in federal habeas corpus. While acknowledging the Supreme Court precedent prohibiting the execution of mentally retarded individual
• Corbblin Bush v. State
  945 So. 2d 1207· Fla.· 2006-12-21 ·cited 148×·via Writ Of Habeas Corpus
  Bush sought review of a district court decision dismissing his mandamus petition challenging a sentence-reducing credit determination by the Florida Department of Corrections. The Florida Supreme Court clarified that mandamus is the proper remedy for such challenges, that venue l
• Dorsey v. Gill
  148 F.2d 857· D.C. Cir.· 1945-02-26 ·cited 148×
  The court held that a habeas corpus petition must establish a prima facie case by alleging specific facts showing illegality of restraint, not mere general conclusions or disappointed expectations.
• Zack v. State
  911 So. 2d 1190· Fla.· 2005-07-07 ·cited 147×·via Writ Of Habeas Corpus
  Michael Duane Zack, a death row inmate, appealed an order denying postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and rejected all claims of ine
• State v. Dieter Riechmann
  777 So. 2d 342· Fla.· 2000-02-24 ·cited 147×
  The Florida Supreme Court affirmed a trial court order vacating Dieter Riechmann's death sentence and granting a new sentencing proceeding, finding that trial counsel was ineffective at the penalty phase for failing to investigate and present available mitigating evidence, and th
• United States ex rel. Countee Williams v. Twomey
  510 F.2d 634· 7th Cir.· 1975-01-15 ·cited 147×
  The court held that the trial judge abused his discretion by denying a continuance, thus violating the defendant's right to effective assistance of counsel.
• State v. Meyer
  430 So. 2d 440· Fla.· 1983-03-31 ·cited 146×
  The Florida Supreme Court consolidated six cases involving defendants whose court-appointed counsel failed to timely file notices of appeal. The Court approved granting habeas corpus relief allowing belated appellate review, but rejected the lower courts' rationale that imputed t
• Jones v. Sec'y, Fla. Dep't OF Corr.
  834 F.3d 1299· 11th Cir.· 2016-08-25 ·cited 145×
  Harry Jones was convicted of first-degree murder, robbery, and grand theft of a motor vehicle in Florida state court and sentenced to death. On federal habeas review, Jones raised two Sixth Amendment ineffective-assistance-of-counsel claims: first, that trial counsel failed to in
• Pettway v. McNEIL
  987 So. 2d 20· Fla.· 2008-05-22 ·cited 144×
  The Florida Supreme Court sanctioned an inmate for abuse of process after he filed twenty separate petitions in the Court since 1995 regarding his conviction and sentences, all of which were denied or found procedurally barred. The Court barred him from filing future pro se plead
• Johnson v. Louie L. Wainwright
  463 So. 2d 207· Fla.· 1985-01-28 ·cited 144×
  Larry Joe Johnson, a death row inmate, challenged his conviction and death sentence through habeas corpus and a Rule 3.850 motion, arguing his appellate counsel was ineffective for failing to raise certain trial errors. The Florida Supreme Court rejected his ineffectiveness claim
• Hance v. Zant
  696 F.2d 940· 11th Cir.· 1983-01-24 ·cited 144×
  The Court of Appeals held that the prosecutor's conduct during the sentencing phase of the trial was constitutionally impermissible, rendering the sentencing fundamentally unfair, but the prosecutor's conduct during the guilt phase, while improper, was not unconstitutional. The C
• Chase v. The State of Fla. ex rel. H. L. Burch
  93 Fla. 963· Fla.· 1927-05-02 ·cited 144×
  Sheriff Chase appealed the discharge of H. L. Burch on habeas corpus after his arrest pursuant to an extradition warrant from Georgia. The Florida Supreme Court held that Burch was a fugitive from justice subject to extradition because he was bodily present in Georgia when the cr
• State v. Trowell
  739 So. 2d 77· Fla.· 1999-05-27 ·cited 143×
  The Florida Supreme Court held that defendants who pleaded guilty seeking belated appeals need only allege that they timely requested counsel to file a notice of appeal and that counsel failed to do so, without needing to allege that the appeal presents potentially meritorious is
• State v. Arthur
  390 So. 2d 717· Fla.· 1980-11-20 ·cited 143×
  The Florida Supreme Court held that trial courts retain discretion to grant bail to defendants charged with capital offenses or life imprisonment when proof of guilt is evident or presumption is great, and that the state bears the burden of establishing these prerequisites before
• Crosley A. Green v. State
  975 So. 2d 1090· Fla.· 2008-01-31 ·cited 142×·via Writ Of Habeas Corpus
  Crosley Green appealed his first-degree murder conviction and death sentence, raising numerous claims including Brady violations, newly discovered evidence, and ineffective assistance of counsel. The Florida Supreme Court affirmed the conviction but granted a new penalty phase be
• MacKENNA v. Ellis
  289 F.2d 928· 5th Cir.· 1961-05-02 ·cited 142×
  The court modified its prior decision on rehearing en banc, substituting new directions for the disposition of the petitioner.
• Kerfert Butler Adams v. Culver
  111 So. 2d 665· Fla.· 1959-05-08 ·cited 142×
  Kerfert Butler Adams challenged his habeas corpus detention, arguing that the information charging him with a lewd and lascivious act before an 11-year-old girl was insufficient and his sentence was excessive. The Florida Supreme Court held that while the charge was technically d
• Asay v. State
  210 So. 3d 1· Fla.· 2016-12-22 ·cited 141×
  Mark James Asay, a death row inmate, challenged his death sentence on grounds including retroactive application of Hurst v. Florida (which requires jury findings for capital sentencing), newly discovered evidence, Brady violations, and lack of effective counsel. The Florida Supre
• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×
  The dissenting judge would reverse the dismissal of claims alleging cruel and unusual punishment due to reckless endangerment and apply the full procedural safeguards of Morrissey v. Brewer to parole and good time revocation proceedings.
• Sumnar Robert Brewster v. Hetzel
  913 F.3d 1042· 11th Cir.· 2019-01-22 ·cited 140×
  Brewster was convicted of armed robbery after a trial in which his jury became deadlocked, repeatedly reporting over two days that it could not reach a unanimous verdict (at one point 11-1 for conviction), and the trial judges repeatedly instructed the jury to continue deliberati
• Byrd v. Louie L. Wainwright
  428 F.2d 1017· 5th Cir.· 1970-06-24 ·cited 140×
  The court held that the denial of a severance motion was an abuse of discretion, violating due process by preventing the defendant from presenting exculpatory testimony from co-defendants.
• Sanders v. Ira C. Howell
  73 Fla. 563· Fla.· 1917-03-06 ·cited 140×
  The Florida Supreme Court held that Chapter 6924 (1915), exempting farm products from license taxes, did not repeal or modify the City of Pensacola's special charter authority under Chapter 6087 (1909) to impose license taxes on all occupations. Therefore, the city could lawfully
• Schoenwetter v. State
  46 So. 3d 535· Fla.· 2010-07-01 ·cited 139×
  Randy Schoenwetter, convicted of murdering two members of a family he knew and attempting to murder a third, challenges his death sentence through postconviction relief and habeas corpus, arguing ineffective assistance of counsel during pretrial and penalty phases, constitutional
• Parker v. State
  904 So. 2d 370· Fla.· 2005-03-24 ·cited 139×·via Writ Of Habeas Corpus
  Dwayne Parker, a death row inmate, appealed the trial court's summary denial of his Rule 3.851 motion for postconviction relief and filed a concurrent habeas corpus petition. The Florida Supreme Court reversed in part and remanded for an evidentiary hearing on ineffective assista
• Arbelaez v. State
  898 So. 2d 25· Fla.· 2005-01-27 ·cited 137×
  Guillermo Arbelaez, a death row inmate convicted of murdering a five-year-old child in 1991, challenged his death sentence on grounds of ineffective assistance of trial counsel during the penalty phase, specifically regarding the presentation of mitigation evidence about his epil
• Adams v. Louie L. Wainwright
  709 F.2d 1443· 11th Cir.· 1983-07-18 ·cited 137×
  The court held that the petitioner failed to establish ineffective assistance of counsel and that the imposition of the death penalty was not unconstitutional, affirming the denial of the writ of habeas corpus.
• Ferguson v. McDonald
  66 Fla. 494· Fla.· 1913-12-17 ·cited 137×
  The Florida Supreme Court reversed a habeas corpus discharge of an agent of Western Union Telegraph Company who was convicted under a Miami city ordinance requiring a license tax on telegraph companies doing intrastate business. The court held that municipalities may impose licen
• Foster v. State
  614 So. 2d 455· Fla.· 1992-10-22 ·cited 136×·via Habeas Corpus Petition
  Charles Kenneth Foster appeals his death sentence imposed after resentencing. The Florida Supreme Court affirmed the denial of his postconviction motion for procedural and substantive reasons, but vacated and remanded his death sentence because the trial court's resentencing orde
• Lamb v. Jernigan
  683 F.2d 1332· 11th Cir.· 1982-08-23 ·cited 135×
  The court held that while a jury instruction on malice may have unconstitutionally shifted the burden of proof, the error was harmless beyond a reasonable doubt due to overwhelming evidence of guilt.
• United States v. Seale
  461 F.2d 345· 7th Cir.· 1972-05-11 ·cited 135×
  The court held that a defendant is entitled to a jury trial for contempt charges if the aggregate sentence for multiple contemptuous acts exceeds six months, and that the trial judge should have inquired into the defendant's objections to his appointed counsel.
• Hiers v. Mitchell
  95 Fla. 345· Fla.· 1928-02-22 ·cited 135×
  The Florida Supreme Court reversed a lower court decision that held Chapter 12412, Acts of 1927 (an automobile tire and tube dealer license tax) unconstitutional. The court upheld the statute against multiple constitutional challenges, including claims that it violated the title
• Thompson v. Louie L. Wainwright
  787 F.2d 1447· 11th Cir.· 1986-04-10 ·cited 134×
  The court held that while counsel's failure to investigate Thompson's background was deficient, it did not prejudice Thompson under the Strickland standard because the overwhelming aggravating circumstances would have led to the same death sentence. The court also found no merit
• Lowry v. Parole & Prob. Comm'n
  473 So. 2d 1248· Fla.· 1985-06-13 ·cited 134×
  The court held that the Attorney General's Opinion did not represent legislative intent and that the petitioner is eligible for parole consideration before serving consecutive sentences, but withheld the writ to allow the commission to act.
• Morris v. Ross
  663 F.2d 1032· 11th Cir.· 1981-12-14 ·cited 134×
  The court held that the appeal is frivolous and the motion to proceed in forma pauperis should be denied.
• Ex parte Adolph Pricha
  70 Fla. 265· Fla.· 1915-11-04 ·cited 133×
  In this habeas corpus proceeding, the Florida Supreme Court upheld Chapter 6860 of the Laws of 1915, which regulated the sale of intoxicating liquors, against constitutional challenges. Adolph Pricha was arrested for violating the statute by selling whiskey in quantities less tha
• Martin v. Secretary Walter A. McNEIL
  633 F.3d 1257· 11th Cir.· 2011-02-23 ·cited 132×
  Pablo San Martin, a Florida death row inmate, appealed the dismissal of his federal habeas corpus petition as time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA). San Martin argued that a two-week delay in receiving actual notice of the Supreme Court's den
• Baty v. Balkcom
  661 F.2d 391· 5th Cir.· 1981-11-16 ·cited 131×·via Habeas Corpus Petition
• Griswold v. State
  77 Fla. 505· Fla.· 1919-04-23 ·cited 131×
  D.E. Griswold was convicted of obtaining money by false pretenses through a bogus telegraph operation and horse race betting scheme. He appealed, challenging the sufficiency of the indictment and claiming the continuance of his trial denied his constitutional right to a speedy tr
• Marsden v. Louie Moore
  847 F.2d 1536· 11th Cir.· 1988-06-28 ·cited 130×
  The court held that the district court did not err in denying the habeas corpus petition, as the defendant failed to demonstrate prejudice from pretrial publicity or violations of his constitutional rights regarding identification procedures or compelled physical evidence display
• Alvord v. Louie L. Wainwright
  725 F.2d 1282· 11th Cir.· 1984-02-10 ·cited 130×
  The Eleventh Circuit reversed the district court's grant of habeas corpus on the death sentence, finding that reliance on a non-statutory aggravating factor (future dangerousness) was not constitutional error under Supreme Court precedent. The court also affirmed the denial of ha
• Daye v. Attorney Gen. OF the State OF NEW York & Eugene Le Fevre
  696 F.2d 186· 2d Cir.· 1982-12-09 ·cited 130×
  The court held that a federal court should not grant habeas corpus relief if state remedies have not been exhausted, meaning the federal constitutional claim must have been presented to the state courts.
• Sullivan v. Murphy
  478 F.2d 938· D.C. Cir.· 1973-04-16 ·cited 130×
  The court held that the mass arrests and subsequent booking procedures during the May Day demonstrations violated constitutional rights due to the lack of probable cause evidence and proper procedures.
• Jetson ROY v. Louie L. Wainwright
  151 So. 2d 825· Fla.· 1963-04-10 ·cited 130×
  The Florida Supreme Court addressed habeas corpus petitions challenging convictions based on denial of counsel rights in the wake of the U.S. Supreme Court's Gideon v. Wainwright decision, which overruled Betts v. Brady and established that the Sixth Amendment right to counsel is
• Dufour v. State
  905 So. 2d 42· Fla.· 2005-04-14 ·cited 129×
  Donald Dufour appeals denial of his postconviction motion for relief from his 1986 death sentence for first-degree murder and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all relief, finding that trial counsel's performance was not i
• Foster v. State
  810 So. 2d 910· Fla.· 2002-02-14 ·cited 129×·via Writ Of Habeas Corpus
  Charles Kenneth Foster, a death row inmate, appealed the trial court's summary denial of his fourth Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas cor
• Bolton v. Harris
  395 F.2d 642· D.C. Cir.· 1968-02-16 ·cited 129×
  The court held that mandatory commitment and release provisions for those acquitted by reason of insanity violate equal protection by lacking procedural safeguards afforded to civilly committed individuals.
• Provenzano v. Dugger
  561 So. 2d 541· Fla.· 1990-04-26 ·cited 128×·via Habeas Corpus Petition
  Thomas Provenzano, convicted of murder and attempted murder after shooting in a courthouse, challenges his death sentence through postconviction relief and habeas corpus petitions. The Florida Supreme Court affirms the denial of postconviction relief but orders disclosure of cert
• Lightbourne v. Dugger
  829 F.2d 1012· 11th Cir.· 1987-09-18 ·cited 128×
  The court held that the informant's actions were attributable to the state and that the informant deliberately elicited incriminating statements, violating the defendant's Sixth Amendment right to counsel.
• Ivon Ray Stanley v. Zant
  697 F.2d 955· 11th Cir.· 1983-02-10 ·cited 128×