Habeas Corpus

18,792 Florida cases classified under this topic, plus 3,111 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Millslagle v. Olson
  130 F.2d 212· 8th Cir.· 1942-08-31 ·cited 2×
  The court held that a certificate of probable cause is a mandatory jurisdictional requirement for appeals in habeas corpus cases, and its absence deprives the court of jurisdiction.
• Nivens v. Hudspeth
  128 F.2d 15· 10th Cir.· 1942-05-11 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner was not denied effective assistance of counsel, as evidence showed he waived his right to counsel.
• United States ex rel. McDERMOTT v. Jaeger
  126 F.2d 1002· 2d Cir.· 1942-03-10 ·cited 2×
  The appeal from the dismissal of a writ of habeas corpus must be dismissed because the proceedings fall under a statute that abolishes appeals in such cases.
• Shapiro v. King
  125 F.2d 890· 8th Cir.· 1942-02-25 ·cited 2×
  A single conspiracy violating both Section 1 and Section 2 of the Sherman Act can be punished as two separate offenses, and distinct conspiracies involving different products or scope are not multiplicitous.
• Gin Soon Ging v. Carmichael
  123 F.2d 72· 9th Cir.· 1941-10-28 ·cited 2×
  The court held that the appellant was not denied a fair hearing by the Immigration Service, and the Board of Special Inquiry's decision was binding.
• Verheul v. Johnston
  121 F.2d 959· 9th Cir.· 1941-07-18 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner's application for a writ of habeas corpus is without merit and cannot be granted.
• Centers v. Sanford
  120 F.2d 217· 5th Cir.· 1941-06-03 ·cited 2×
  The court held that a petitioner in habeas corpus bears a heavy burden to prove facts contradicting the official court record, and unsupported testimony is insufficient to overcome the presumption of regularity.
• Huff v. O'Bryant
  121 F.2d 890· D.C. Cir.· 1941-04-28 ·cited 2×
  The Attorney General lacked authority to transfer a juvenile committed to the National Training School for Boys to the Lorton Reformatory, as the Juvenile Court Act vests exclusive control over commitment and disposition in the Juvenile Court.
• Williams v. Scott
  138 Fla. 239· Fla.· 1939-05-23 ·cited 2×
  The court reviewed a contempt conviction for a petitioner accused of attempting to bribe a grand jury. The court found the evidence sufficient to support the contempt charge and upheld the conviction.
• State ex rel. F. L. Revell v. City of Wauchula
  138 Fla. 184· Fla.· 1939-05-19 ·cited 2×
  This case concerns a dispute over the payment of city bonds and interest coupons. The relator, F. L. Revell, initially obtained a peremptory writ of mandamus to receive funds from the City of Wauchula. However, another bondholder, C. T. Ratliff, intervened, revealing that some of
• Ex Parte: Emory Williams & John Williams
  135 Fla. 283· Fla.· 1938-12-07 ·cited 2×
  The Florida Supreme Court granted a writ of habeas corpus to petitioners Emory Williams and John Williams, ordering them to be admitted to bail. The Court found that the evidence did not conclusively prove their guilt of first-degree murder.
• In re Jones
  130 Fla. 667· Fla.· 1938-01-22 ·cited 2×
  George Jones petitioned for a writ of habeas corpus challenging the constitutionality of a Florida statute requiring motor vehicle operators involved in accidents to stop, provide their name and address, and render assistance. The Florida Supreme Court upheld the statute as a val
• State v. Mayo
  131 Fla. 271· Fla.· 1937-09-03 ·cited 2×
  In this habeas corpus proceeding, the Florida Supreme Court addressed whether a state board of pardons can revoke a six-month parole before expiration when the parole order explicitly reserves the board's right to cancel it. The court held that the board retained discretionary au
• State v. Christensen
  126 Fla. 306· Fla.· 1936-11-23 ·cited 2×
  In this habeas corpus proceeding, the Florida Supreme Court considered whether Martin County remained subject to a 1921 state fishing law after its own special local fishing regulations expired. The Court held that the expiration of Martin County's special fishing laws did not re
• State v. McCarthy
  122 Fla. 519· Fla.· 1936-02-12 ·cited 2×
  The Florida Supreme Court held that Miami's city ordinance regulating liquor licenses conflicted with state law (Chapter 16774, Acts of 1935) and was therefore invalid. The petitioner was arrested for operating a liquor business without paying the city license tax required under
• McCreary v. Cohen
  108 Fla. 421· Fla.· 1933-02-06 ·cited 2×
  This case concerns the validity of a Miami ordinance that prohibits fraudulent advertising. The court held that the ordinance, which aimed to prevent deceptive pricing practices, was a valid exercise of the city's police power and that the affidavit charging a violation sufficien
• Ex Parte: C. C. Price
  103 Fla. 900· Fla.· 1931-12-15 ·cited 2×
  This case concerns the proper procedure following a reversal of a criminal conviction by the Florida Supreme Court. The court ordered the prisoner to be delivered to the custody of the county sheriff for further proceedings as dictated by the Supreme Court's mandate.
• State of Fla. ex rel. Jesse Levy v. Davidson
  103 Fla. 590· Fla.· 1931-11-17 ·cited 2×
  The Florida Supreme Court addressed a habeas corpus petition concerning Jesse Levy, who was sought as a fugitive from New York. The court ordered Levy remanded to custody under the Governor's executive warrant, as his Florida indictments had been dismissed.
• Fagg v. Baker
  100 Fla. 1415· Fla.· 1930-12-09 ·cited 2×
  The court reviewed a contempt order against a father for refusing to pay his ex-wife's travel expenses to visit their son. The court found the order for expenses lacked legal basis and therefore reversed the contempt finding.
• The State of Fla. Upon Relation of George E. Warren v. Lehman
  100 Fla. 970· Fla.· 1930-10-21 ·cited 2×
  George E. Warren challenged his arrest for failing to procure a license tax for an apartment house under Florida law. The Florida Supreme Court upheld the statute as applied, holding that the legislative exemption for owner-occupied residences does not extend to owners who occupy
• State v. Karel
  100 Fla. 388· Fla.· 1930-07-30 ·cited 2×
  This case involved a challenge to a Florida statute criminalizing fraud by misrepresenting the ability to obtain secret or inside information. The court upheld the statute, finding it sufficiently defined the criminal act and did not violate the Bill of Rights.
• Noel v. Griffin
  100 Fla. 152· Fla.· 1930-07-08 ·cited 2×
  This case concerns a city ordinance that prohibited operating advertising vehicles on certain streets and the Municipal Pier. The court reversed a lower court's decision to discharge a defendant arrested for violating this ordinance, finding that the city had the power to regulat
• State of Fla. ex rel. W. A. Cromwell v. Brown
  98 Fla. 181· Fla.· 1929-07-18 ·cited 2×
  In a habeas corpus proceeding, the Florida Supreme Court affirmed the Circuit Court's judgment remanding a petitioner to the County Court for correction of an allegedly defective judgment. The Court held that while habeas corpus may test the legality of commitment, remand for cor
• Young v. State
  97 Fla. 215· Fla.· 1929-02-16 ·cited 2×
  In a habeas corpus proceeding, Bill Young challenged the validity of the criminal information filed by an assistant county solicitor on the grounds that the Florida Constitution required the prosecuting attorney to file all information. The Florida Supreme Court affirmed the deni
• State v. Chase
  95 Fla. 37· Fla.· 1928-01-10 ·cited 2×
  This case concerns the validity of an executive warrant of extradition issued by the Governor of Florida. The Florida Supreme Court affirmed the lower court's dismissal of a habeas corpus petition, holding that the Governor's warrant complied with federal extradition requirements
• Ex parte Chesser
  93 Fla. 291· Fla.· 1927-02-18 ·cited 2×
  Rufus Chesser, convicted of murder and sentenced to death, petitioned for habeas corpus claiming he had become insane after conviction. The Florida Supreme Court denied the petition but established the proper procedure for raising post-conviction insanity claims: application to t
• Kimmel v. Quigg
  93 Fla. 206· Fla.· 1927-02-07 ·cited 2×
  The Florida Supreme Court affirmed a lower court's decision to deny a writ of habeas corpus, upholding a conviction for violating a municipal ordinance related to auction sales licenses. The court relied on a prior ruling in a similar case.
• Wade v. Coiners
  92 Fla. 494· Fla.· 1926-08-03 ·cited 2×
  The Florida Supreme Court reversed a lower court decision denying habeas corpus relief and ordered the discharge of W. H. Wade, who was imprisoned pursuant to a commitment issued by a deputy clerk without any record of conviction or sentence in the court's minutes. The case estab
• Ex parte Brandamour
  91 Fla. 889· Fla.· 1926-05-07 ·cited 2×
  Brandamour challenges his conviction for illegal fishing using a haul seine in Martin County waters via habeas corpus. The Florida Supreme Court grants the petition, finding the information fatally defective and the sentence exceeds the statutory maximum.
• State v. Chase
  91 Fla. 10· Fla.· 1926-01-12 ·cited 2×
  This case concerns an application for bail by an individual charged with murder. The court affirmed the denial of bail, finding that the evidence presented met the constitutional standard of "proof is evident and the presumption great" for capital offenses.
• Sams v. Morris
  88 Fla. 162· Fla.· 1924-07-28 ·cited 2×
  The Florida Supreme Court upheld a statute establishing a closed hunting season for wild game birds and animals in Volusia County against constitutional challenges. The Court rejected the petitioner's arguments that the statute was invalid, finding it within the legislature's pol
• Emerson v. Cobb
  86 Fla. 487· Fla.· 1923-11-23 ·cited 2×
  This case concerns the conflict between a general state law and a local county law regarding the weight limits for motor vehicles on improved roads. The court affirmed the lower court's decision, upholding the validity of the local law.
• Bailey v. Treadwell Poitier
  86 Fla. 160· Fla.· 1923-07-14 ·cited 2×
  This case concerns whether a city ordinance prohibiting the possession and transportation of intoxicating liquors within the city limits was valid. The court held that the city had the authority to enact such an ordinance under its general powers to preserve public peace and mora
• Peek v. Matthews
  85 Fla. 54· Fla.· 1923-01-19 ·cited 2×
  L.A. Peek challenged his conviction for maintaining a nuisance in West Palm Beach's municipal court, arguing the court lacked legal existence because its judge was appointed by the city commission rather than elected by voters. The Florida Supreme Court upheld the municipal court
• State v. Allen
  83 Fla. 652· Fla.· 1922-05-19 ·cited 2×
  Edgar C. Frady sought a supersedeas (stay) of a circuit court order denying him bail while held on a murder indictment. The Florida Supreme Court denied the application, holding that granting a supersedeas would improperly reverse the lower court's bail determination before the w
• Yaeger v. State
  78 Fla. 354· Fla.· 1919-08-12 ·cited 2×
  Arthur Yaeger was arrested for unlawfully refilling bottles registered to the Purity Ice Cream & Dairy Company with milk and cream. The Florida Supreme Court held that the statute criminalizing the unauthorized refilling of registered bottles constitutes unreasonable class legisl
• Ex parte Ayers
  76 Fla. 350· Fla.· 1918-08-15 ·cited 2×
  The Florida Supreme Court discharged George Ayers from custody, holding that his conviction for unlawful possession of intoxicating liquors was void because the charge lacked an allegation of intent to sell, which was a necessary element of the offense under the relevant statute.
• Ex parte McClellan
  76 Fla. 348· Fla.· 1918-08-15 ·cited 2×·via Habeas Corpus Review
  The Florida Supreme Court reversed a lower court's decision denying a writ of habeas corpus, holding that the law under which the petitioner was convicted was unconstitutional. This decision effectively discharged the petitioner from custody.
• Ex parte Marshall
  75 Fla. 97· Fla.· 1918-01-19 ·cited 2×
  A. C. Marshall sought habeas corpus relief to overturn his arrest for operating an auto bus in Jacksonville without paying the city's required license tax. The Florida Supreme Court held that Marshall's franchise granted by a military camp commandant was merely a private service
• Carlton v. Johnson
  61 Fla. 13· Fla.· 1911-01-01 ·cited 2×
  The Florida Supreme Court addressed a procedural defect in a writ of error taken from a habeas corpus discharge. The court held that proper service of a scire facias on all defendants in error is necessary to vest appellate jurisdiction, and ordered that such service be effected
• Blanchard v. Ivers
  40 Fla. 117· Fla.· 1898-01-01 ·cited 2×
  This case concerns a challenge to a Jacksonville city ordinance that regulated the sale of fresh meat within market limits. The court affirmed the ordinance's validity, holding that the city had the power to establish markets and restrict sales to designated areas and times, prov
• Lucretia Jones v. Harmon
  27 Fla. 238· Fla.· 1891-01-01 ·cited 2×
  In this habeas corpus proceeding, the Florida Supreme Court held that Lucretia Jones, who had received custody of a four-year-old child (Lottie Morgan) from the child's mother, was entitled to retain that custody against Agnes R. Harmon absent evidence that Jones was an improper
• Ex parte Corpus
  26 Fla. 142· Fla.· 1890-01-01 ·cited 2×
  W. R. Brandau petitioned for habeas corpus, challenging his detention in Walton County jail on a forgery charge. The Florida Supreme Court granted the petition, finding the evidence insufficient to sustain the forgery charge and ordering his discharge.
• Ex parte Davis
  23 Fla. 56· Fla.· 1887-01-01 ·cited 2×
  The Florida Supreme Court granted bail to a petitioner whose conviction had been reversed, finding that his continued confinement under the reversed judgment was unlawful. The court ordered his release upon posting bail.
• Gagnet v. Reese
  20 Fla. 438· Fla.· 1884-01-01 ·cited 2×
  The Florida Supreme Court held that a writ of error does not lie to challenge a habeas corpus judgment discharging a prisoner from unlawful confinement, as such a reversal would be inconsistent with the statute's purpose to provide speedy, effective protection of citizens' libert
• Ex parte Hilliard J. Finch
  15 Fla. 630· Fla.· 1876-01-01 ·cited 2×
  The Florida Supreme Court held that a writ of error to review a habeas corpus judgment is discretionary and requires a petition detailing the case, not just a motion. This clarifies the procedural requirements for seeking such a writ.
• Tavaris Mack v. State
  426 So. 3d 655· Fla. 3d DCA· 2026-07-09 ·cited 1×
  A petition for prohibition must be dismissed when the petitioner is procedurally barred from raising claims that were adjudicated in a prior appeal or should have been raised on direct appeal or in post-conviction proceedings.
• Walver Daniel Vilorio Moncada v. Warden, Glades Cnty. Detention Ctr. & U.S. Attorney Gen.
  2025 WL 3713982· M.D. Fla.· 2026-01-12 ·cited 1×·via Writ Of Habeas Corpus
  Walver Daniel Vilorio Moncada, an immigration detainee, filed a habeas corpus petition under 28 U.S.C. § 2241 challenging his detention at Glades County Detention Center on Fifth Amendment Due Process grounds, claiming he was denied a bond hearing. The court dismissed the petitio
• Deivi Samuel Lozano-Anaya v. Field Off. Dir.
  2025 WL 2432501· M.D. Fla.· 2025-12-16 ·cited 1×
  The court held that the plaintiff's release from custody moots his habeas corpus petition, and that a habeas petition is not the proper vehicle for civil rights claims.
• Garner v. Sec'y, Dep't of Corr.
  2006 WL 3086888· M.D. Fla.· 2025-12-12 ·cited 1×
  A juvenile offender convicted of homicide does not have a constitutional right to a 'meaningful opportunity' for release under the Eighth Amendment, and parole-eligible life sentences are not prohibited by Miller v. Alabama.