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

• Hernandez v. Wainwright
  634 F. Supp. 241· S.D. Fla.· 1986-04-30 ·cited 1×
  The court denied the petition for a writ of habeas corpus, finding no cognizable claims for relief.
• Pierre v. Rivkind
  643 F. Supp. 669· S.D. Fla.· 1986-03-21 ·cited 1×
  The court held that the denial of the petitioner's asylum claim was not supported by substantial evidence and that the BHRHA letter should be stricken from the record.
• State v. Davila
  481 So. 2d 486· Fla. 3d DCA· 1985-11-20 ·cited 1×
  The State of Florida appealed a habeas corpus discharge in an extradition case where the trial court found that the appellee was not the person named in a New York Governor's warrant for murder. The appellate court affirmed, holding that the State failed to establish a prima faci
• Raske v. Wainwright
  478 So. 2d 867· Fla. 1st DCA· 1985-11-20 ·cited 1×
  William Raske appealed a denial of his habeas corpus petition challenging his sentences for three counts of robbery with a firearm. Although the trial court's judgments contained an erroneous notation designating the crimes as 'life felonies,' the appellate court affirmed the den
• Bailey v. State
  475 So. 2d 296· Fla. 2d DCA· 1985-09-13 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a motion for post conviction relief is not the proper vehicle to challenge a sentence for departure from sentencing guidelines, nor to raise ineffective assistance of appellate counsel.
• Francois v. Wainwright
  614 F. Supp. 127· S.D. Fla.· 1985-05-25 ·cited 1×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either without merit, procedurally defaulted, or constituted an abuse of the writ.
• Dean v. Smith
  753 F.2d 239· 2d Cir.· 1985-01-16 ·cited 1×
  The court held that a mixed habeas petition containing exhausted and unexhausted claims must be dismissed in its entirety, and the petitioner's third claim was not sufficiently exhausted.
• Oliver v. Wainwright
  49 F. Supp. 909· S.D. Fla.· 1984-11-14 ·cited 1×
  The court held that the petitioner was denied effective assistance of counsel due to an actual conflict of interest arising from her attorney's dual representation of her and a co-defendant.
• Jackson v. McKASKLE
  729 F.2d 356· 5th Cir.· 1984-04-12 ·cited 1×
  The court held that the district court erred in summarily denying the petitioner's claim of ineffective assistance of counsel based on the failure to call a key alibi witness, requiring further proceedings.
• Cornes v. Munoz
  724 F.2d 61· 7th Cir.· 1983-12-28 ·cited 1×
  An appellate defender does not act under color of state law when performing traditional legal functions for a client, precluding a Section 1983 suit for malpractice.
• Simmons v. Wainwright
  710 F.2d 796· 11th Cir.· 1983-07-29 ·cited 1×
  The court held that the petitioner failed to demonstrate prejudice from his counsel's filing of an Anders brief, as the alleged errors would not have constituted reversible error.
• Horowitz v. Louie L. Wainwright
  709 F.2d 1403· 11th Cir.· 1983-07-18 ·cited 1×
  The court held that federal habeas corpus petitions containing both exhausted and unexhausted claims must be dismissed unless the unexhausted claims are deleted.
• Clark v. Louie L. Wainwright
  701 F.2d 895· 11th Cir.· 1983-03-28 ·cited 1×
  The court held that the district court erred by failing to address the state procedural default doctrine (Wainwright v. Sykes) before granting the petition for writ of habeas corpus.
• State ex rel. James F. Khawly v. The Honorable Francis X. Knuck
  418 So. 2d 1185· Fla. 3d DCA· 1982-08-31 ·cited 1×
  Khawly was seized and imprisoned pursuant to a writ of ne exeat issued without pre-seizure notice or hearing. The Florida appellate court granted his habeas corpus petition, holding that a writ of ne exeat requires allegations both of threatened departure from jurisdiction and th
• Chesser v. Dougherty
  417 So. 2d 1164· Fla. 1st DCA· 1982-08-13 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a governor's rendition warrant based on an arrest warrant issued with a judicial determination of probable cause is sufficient for extradition.
• Levesque v. State
  416 So. 2d 509· Fla. 5th DCA· 1982-07-07 ·cited 1×·via Habeas Corpus Petition
• Inez Silvera v. State
  416 So. 2d 509· Fla. 5th DCA· 1982-07-07 ·cited 1×
  This case concerns whether a claimant's myocardial infarction, precipitated by a series of unusual, non-routine, work-related, emotionally traumatic events, is compensable under workers' compensation law.
• Toufic Khouveiri v. State
  414 So. 2d 1152· Fla. 3d DCA· 1982-06-08 ·cited 1×·via Writ Of Habeas Corpus
• Wallace v. Turner
  525 F. Supp. 1072· S.D. Fla.· 1981-10-30 ·cited 1×
  The court held that a conviction must conform to the offense for which a plea was proffered, and a parole commission cannot consider a conviction for an offense different from the one pleaded to, as this violates due process.
• Foster v. State
  400 So. 2d 1· Fla.· 1981-05-28 ·cited 1×
  Charles Kenneth Foster appeals the denial of his motion for post-conviction relief filed under Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance of counsel and trial incompetency. The Florida Supreme Court affirms the trial court's summary denial of the mo
• Neal v. Wainwright
  512 F. Supp. 92· M.D. Fla.· 1981-03-23 ·cited 1×
  The court held that the petitioner was denied effective assistance of counsel because his attorney failed to adequately inform him of the charges, potential defenses, and the elements of the crime, rendering his guilty plea unknowing and involuntary.
• COX v. Fed. Bureau OF Prisons & United States
  643 F.2d 534· 8th Cir.· 1981-03-11 ·cited 1×
  The court held that the appellant was not entitled to federal credit for time served in state custody because his federal sentence was ordered consecutive to his state sentence.
• Sampson v. Louie L. Wainwright
  394 So. 2d 581· Fla. 5th DCA· 1981-03-04 ·cited 1×·via Writ Of Habeas Corpus
• Mueller v. Butterworth
  393 So. 2d 1158· Fla. 4th DCA· 1981-02-06 ·cited 1×
  Paul Mueller, removed as personal representative of an estate, was ordered by the trial court to return $83,024.79 to his successor and was incarcerated for contempt when he failed to comply. The appellate court granted habeas corpus relief, holding that incarceration for failure
• Gallagher v. Butterworth
  484 F. Supp. 1278· S.D. Fla.· 1980-02-21 ·cited 1×
  The court held that the petitioner is entitled to reasonable bail as a matter of right under the Florida Constitution and Rules of Criminal Procedure, and the prior forfeiture of bail does not justify denial.
• Williams v. United States
  582 F.2d 1039· 6th Cir.· 1978-08-23 ·cited 1×
  Allegations of improper venue are not cognizable in a post-conviction habeas corpus proceeding under 28 U.S.C. § 2255, as venue is a privilege that can be waived, not a jurisdictional prerequisite.
• Hon. Morton L. Perry v. The State of Fla. ex rel. James Terry Mills & Trida Ann Gilbert
  357 So. 2d 425· Fla. 3d DCA· 1978-03-21 ·cited 1×
  Judge Perry was prohibited by writ of prohibition from enforcing jail sentences against two defendants after they paid fines in satisfaction of alternative sentences. The appellate court reversed, holding that Rule 3.800 (limiting sentence correction to 60 days) does not apply wh
• Naylor v. The Superior Court OF the State OF Ariz.
  558 F.2d 1363· 9th Cir.· 1977-08-15 ·cited 1×·via Habeas Corpus Jurisdiction
  The court held that the case was moot because the appellee's probation had expired and no collateral consequences flowed from his conviction, thus the district court lacked jurisdiction.
• Phillips v. Wille
  349 So. 2d 693· Fla. 4th DCA· 1977-08-12 ·cited 1×·via Writ Of Habeas Corpus
• Marchese v. State OF Cal. (appeal filed sub nom. Paul T. Walker
  545 F.2d 645· 9th Cir.· 1976-09-17 ·cited 1×
  The court held that the appeal is moot due to the petitioner's release from custody and that the petitioner's claims regarding his state conviction lack merit.
• Mounce v. Knighten
  503 F.2d 967· 5th Cir.· 1974-11-11 ·cited 1×
  The court held that the case must be remanded for an investigation into the facts concerning jurisdiction, as the respondent's authority to produce the petitioner and release him from custody is unclear.
• Lederer v. Stack
  294 So. 2d 107· Fla. 4th DCA· 1974-05-10 ·cited 1×·via Writ Of Habeas Corpus
  A defendant challenged his detention under a trial court order directing psychiatric examination to determine his mental competency to stand trial. The Florida District Court of Appeal held that the order violated Rule 3.210 because it failed to fix a specific hearing date as req
• Rhome v. State
  293 So. 2d 761· Fla. 3d DCA· 1974-03-12 ·cited 1×
  The court held that a motion to vacate is not the proper remedy for denial of the right to appeal, and counsel's failure to seek discretionary certiorari does not violate the right to appeal.
• Curry v. State
  272 So. 2d 12· Fla. 3d DCA· 1973-01-15 ·cited 1×
• Benny Canto v. Louie L. Wainwright
  271 So. 2d 224· Fla. 2d DCA· 1972-12-20 ·cited 1×
  Benny Canto petitioned for habeas corpus seeking discharge from a 15-year sentence imposed in 1955, claiming issues with his conviction and sentencing. The Florida District Court of Appeal denied the petition, finding that Canto's extensive history of escapes, new convictions, pa
• Cooper v. Louie L. Wainwright
  268 So. 2d 430· Fla. 1st DCA· 1972-11-07 ·cited 1×
• Keller v. State ex rel. David Epperson
  265 So. 2d 497· Fla.· 1972-07-19 ·cited 1×
  The Florida Supreme Court holds that a juvenile court cannot summarily revoke probation without a hearing, even if the probation terms expressly permit such summary revocation. The court rejects the distinction drawn from conditional pardon cases and emphasizes that due process p
• Cancler v. Henderson
  460 F.2d 1261· 5th Cir.· 1972-05-11 ·cited 1×·via Federal Habeas Corpus
  The court held that the district court erred in deciding two grounds without consulting the state trial transcript, requiring remand.
• State of Fla. ex rel. v. Fla. State Dep't OF Health & Rehabilitative Servs.
  254 So. 2d 374· Fla. 3d DCA· 1971-10-26 ·cited 1×
• United States ex rel. Chester Lawrence Kukla v. Major Rollin G. Gillen
  452 F.2d 611· 7th Cir.· 1971-10-19 ·cited 1×
  The court held that the petitioner presented a prima facie case for a III-A classification based on his mother's dependency, and the local board erred in refusing to reopen his classification.
• Himes v. Ohio Adult Parole Auth.
  448 F.2d 410· 6th Cir.· 1971-09-16 ·cited 1×
  Ohio did not lose jurisdiction over a parolee when it released him to another state to face charges.
• Bette Heffernan v. Goldman
  256 So. 2d 522· Fla. 4th DCA· 1971-09-09 ·cited 1×
  A mother sought a writ of habeas corpus to regain custody of her two minor children from their stepmother, who had cared for them following their father's death. The trial court awarded custody to the stepmother based on the children's best interests, and the appellate court affi
• Earton David Jones v. Louie L. Wainwright
  252 So. 2d 570· Fla.· 1971-09-08 ·cited 1×
• Evans v. Dutton
  441 F.2d 657· 5th Cir.· 1971-05-06 ·cited 1×
  The court held that the issues previously decided in a companion case were properly disposed of and adhered to that decision.
• Crane v. Hayes
  244 So. 2d 544· Fla. 4th DCA· 1971-01-25 ·cited 1×
  Appellant was held in contempt for refusing to comply with a modification order in a child custody habeas corpus case. The Fourth District Court of Appeal affirmed, holding that trial courts have continuing jurisdiction in habeas corpus child custody proceedings to enforce and mo
• United States ex rel. Wallace Mack Walters v. Reincke
  435 F.2d 149· 2d Cir.· 1970-12-02 ·cited 1×
  The court held that the petitioner's statements were voluntarily made under the prevailing legal standards at the time of his conviction.
• Cappetta v. Louie L. Wainwright
  433 F.2d 1027· 5th Cir.· 1970-11-05 ·cited 1×
  The court affirmed the district court's denial of habeas corpus relief, finding that the petitioner was not entitled to relief on any of his asserted grounds.
• Baker v. State
  239 So. 2d 153· Fla. 1st DCA· 1970-07-08 ·cited 1×·via Writ Of Habeas Corpus
  Willie Baker sought habeas corpus relief and appellate counsel through this Court, which appointed a public defender to handle his appeal. When the appointed counsel failed to take action on the appeal, the Court found him in direct contempt but permitted him to purge the contemp
• In re Adoption of Mason
  34 Fla. Supp. 13· Broward Cty. Cir. Ct.· 1970-05-28 ·cited 1×
  In a habeas corpus proceeding, the court awarded custody of an eight-year-old child to adoptive parents (the Blackshears) in Georgia over the biological mother's attempt to reclaim him after five years. The court held that the mother's written consent to adoption was freely given
• Simmons v. Louie L. Wainwright
  237 So. 2d 5· Fla. 1st DCA· 1970-04-16 ·cited 1×·via Writ Of Habeas Corpus
  Willie Simmons petitioned for habeas corpus challenging his forgery conviction, claiming denial of adequate counsel because the trial court refused to appoint an attorney outside the public defender's office. The Florida appellate court denied the petition, holding that while ind