Habeas Corpus

18,780 Florida cases classified under this topic · sorted by citation count

• Kirkland v. Fla. Dep't of Corr.
  2006 WL 3755195· N.D. Fla.· 2024-08-20 ·cited 44×
  The court held that the petitioner's federal habeas corpus petition is time-barred under AEDPA's one-year limitations period.
• Thompson v. State
  88 So. 3d 312· Fla. 4th DCA· 2012-05-02 ·cited 44×
  The Fourth District Court of Appeal affirmed the summary denial of Charles Thompson's Rule 3.850 postconviction motion seeking relief based on claims of ineffective assistance of counsel regarding his trial competency. The court clarified the legal standards distinguishing betwee
• Johnson v. State
  903 So. 2d 888· Fla.· 2005-03-31 ·cited 44×
  Ronnie Johnson, sentenced to death for two 1989 murders, appeals the denial of his Rule 3.850 post-conviction motion raising claims of ineffective assistance of counsel and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the circuit court's denial of all
• Calcano-Martinez v. Immigr. & Naturalization Serv.
  533 U.S. 348· U.S.· 2001-06-25 ·cited 44×
• Smith v. Black
  904 F.2d 950· 5th Cir.· 1990-06-26 ·cited 44×
  The court affirmed the denial of habeas corpus relief, holding that the prosecution's use of allegedly perjured eyewitness testimony did not violate due process because the petitioner failed to demonstrate that the prosecution knowingly used the false testimony.
• Raleigh Porter v. Dugger
  559 So. 2d 201· Fla.· 1990-02-15 ·cited 44×
  Raleigh Porter, a death row inmate, petitioned for habeas corpus relief, raising multiple constitutional challenges to his death sentence for two counts of first-degree murder. The Florida Supreme Court denied the petition, finding that Porter's claims were either procedurally ba
• Winford L. Stokes, Jr. v. Armontrout
  851 F.2d 1085· 8th Cir.· 1988-07-13 ·cited 44×
  The court held that the State was not obligated to renew its plea offer after the defendant repudiated it, and that the defendant's counsel's strategic decision not to pursue certain claims on appeal did not constitute ineffective assistance, thus affirming the denial of the habe
• Roman v. Abrams
  822 F.2d 214· 2d Cir.· 1987-06-09 ·cited 44×
  The court held that Schreiber's petition should have been dismissed due to procedural default, and neither petition should have been granted on the merits because the prosecutor's use of peremptory challenges did not violate the Sixth Amendment in this context.
• Stano Perri v. Dir., Dep't OF Corr., State OF Ill.
  817 F.2d 448· 7th Cir.· 1987-04-29 ·cited 44×
  The court held that a state court's determination of whether a defendant knowingly and intelligently waived Miranda rights is a factual finding entitled to the presumption of correctness under 28 U.S.C. § 2254(d).
• Huggins v. Isenbarger
  798 F.2d 203· 7th Cir.· 1986-08-08 ·cited 44×
  The court must give significant weight to the executive branch's interpretation of state law when state courts have not yet ruled on the matter, especially when that interpretation does not conflict with federal law or constitutional rights.
• In re the Petition of Carl Hill for Writ of Habeas Corpus. Carl Basil Angelo Hill v. United States Immigr. & Naturalization Serv.
  775 F.2d 1037· 9th Cir.· 1985-11-01 ·cited 44×
  The court held that the Equal Access to Justice Act (EAJA) does not apply to habeas corpus proceedings challenging immigration exclusion policies, and that the government's position was substantially justified, thus denying attorneys' fees.
• Martin v. Kemp
  760 F.2d 1244· 11th Cir.· 1985-05-21 ·cited 44×
  The court held that a guilty plea induced by threats against a third party is not an absolute bar to challenging the plea's voluntariness, and a remand for an evidentiary hearing is necessary if the state did not have probable cause for the threats.
• Williams v. Griswald
  743 F.2d 1533· 11th Cir.· 1984-10-11 ·cited 44×
  The court held that the petitioner's allegations regarding the knowing use of perjured testimony were sufficient to warrant an evidentiary hearing, but insufficient regarding prejudicial publicity.
• Darden v. Louie L. Wainwright
  725 F.2d 1526· 11th Cir.· 1984-02-22 ·cited 44×
  The court held that the disqualification of a prospective juror based on opposition to the death penalty was improper without a clear showing that the juror would automatically vote against imposition of capital punishment regardless of the evidence.
• United States ex rel. Lawrence Forman v. McCALL
  709 F.2d 852· 3d Cir.· 1983-06-10 ·cited 44×
  The court held that a factual hearing is required to determine if the petitioner received individualized parole consideration or a mechanical application of guidelines.
• Mylar v. State of Ala.
  671 F.2d 1299· 11th Cir.· 1982-04-01 ·cited 44×
  The failure to file a brief in a nonfrivolous appeal constitutes ineffective assistance of counsel under the Sixth Amendment.
• Engle v. Sims
  450 U.S. 936· U.S.· 1981-02-23 ·cited 44×
• Thomas v. Wyrick
  622 F.2d 411· 8th Cir.· 1980-06-13 ·cited 44×
  The court held that a federal court should not dismiss a habeas corpus petition for failure to exhaust state remedies if there is a presently available state procedure for determining the federal claim, even if the claim was not properly presented in prior state proceedings.
• Hill v. Louie L. Wainwright
  617 F.2d 375· 5th Cir.· 1980-05-05 ·cited 44×
  The court held that the petitioner's speedy trial rights were not violated, and his claims of prosecutorial misconduct and ineffective assistance of counsel were without merit.
• Taylor v. Lombard
  606 F.2d 371· 2d Cir.· 1979-10-01 ·cited 44×
  A prosecutor's knowing use or acquiescence in perjured testimony, even if only related to witness credibility, violates due process and warrants reversal.
• Rodriguez v. United States Parole Comm'n & Metro. Corr. Ctr.
  594 F.2d 170· 7th Cir.· 1979-03-20 ·cited 44×
  The retroactive application of an administrative regulation that denies a prisoner sentenced under 18 U.S.C. § 4205(b)(2) any meaningful consideration for parole violates the ex post facto clause of the United States Constitution.
• Rummel v. Estelle
  587 F.2d 651· 5th Cir.· 1978-12-20 ·cited 44×
  The Eighth Amendment does not prohibit a life sentence under a recidivist statute solely because of its length, provided there is a rational basis for the punishment.
• Wilson v. Hon. Robert J. Henderson
  584 F.2d 1185· 2d Cir.· 1978-09-20 ·cited 44×
  The court held that the detective's continued interrogation after the suspect invoked his right to remain silent violated Miranda and Massiah principles.
• Smith v. United States
  577 F.2d 1025· 5th Cir.· 1978-08-07 ·cited 44×
  A parolee is not automatically entitled to release due to a delay in a final revocation hearing beyond 90 days if there is no intentional violation, no demand for a hearing until after the period expired, no prejudice from the delay, and the revocation results from a new offense.
• Carmona v. Ward
  576 F.2d 405· 2d Cir.· 1978-04-21 ·cited 44×
  The dissent argues that the majority improperly avoids applying the Eighth Amendment's proportionality rule by focusing on parole probabilities rather than the maximum sentences imposed.
• United States ex rel. Keith Webb v. Court OF Common Pleas OF Philadelphia Cnty.
  516 F.2d 1034· 3d Cir.· 1975-05-13 ·cited 44×
  The court held that the double jeopardy clause bars retrial when a mistrial is declared without manifest necessity, particularly when the judge initiates the mistrial without consulting counsel and without a clear indication of jury deadlock.
• United States ex rel. Martin Sostre v. Festa
  513 F.2d 1313· 2d Cir.· 1975-03-31 ·cited 44×
  The court affirmed the district court's denial of habeas corpus relief, finding no clear error in the trial judge's credibility determination.
• Spence v. Patience Latting
  512 F.2d 93· 10th Cir.· 1975-02-26 ·cited 44×
  The court held that the plaintiff's federal claims were barred by res judicata because he had the opportunity to litigate them in prior state court actions.
• Cruz v. Skelton
  502 F.2d 1101· 5th Cir.· 1974-10-14 ·cited 44×
  Members of the Texas Board of Pardons and Paroles are immune from suits for damages under the Civil Rights Act for their parole decisions.
• Crane v. Hayes
  253 So. 2d 435· Fla.· 1971-09-29 ·cited 44×
  A father sought a writ of certiorari challenging a contempt citation arising from a custody dispute spanning multiple states. The Florida Supreme Court held that while a trial court lacks general continuing jurisdiction in a habeas corpus proceeding after final judgment, it may e
• Linver Jenkins v. Fitzberger
  440 F.2d 1188· 4th Cir.· 1971-04-16 ·cited 44×
  The court held that the state may waive the exhaustion requirement for federal habeas corpus petitions, allowing federal courts to consider claims on the merits.
• Goodwin v. Smith
  439 F.2d 1180· 5th Cir.· 1971-03-08 ·cited 44×
  The court held that the material facts were not adequately developed at the state habeas hearing, entitling the petitioner to an evidentiary hearing in federal court.
• Bretti v. Louie L. Wainwright
  439 F.2d 1042· 5th Cir.· 1971-02-24 ·cited 44×
  The court held that the introduction of a driver's license found during a search of the appellant's apartment was permissible, and the denial of a severance motion was not an abuse of discretion.
• Private Michael Leonard Helwick v. Melvin Laird as Secretary of Defense
  438 F.2d 959· 5th Cir.· 1971-02-16 ·cited 44×
  The court held that the Army's denial of a conscientious objector discharge lacked a basis in fact, both regarding the sincerity of the applicant's beliefs and the timing of his objection.
• United States ex rel. Stanley Meadows v. State OF NEW York & Warden of the United States Penitentiary
  426 F.2d 1176· 2d Cir.· 1970-05-05 ·cited 44×
  The dissenting judge held that the district court lacked jurisdiction to transfer the habeas corpus petition to New York because the prisoner was incarcerated in Georgia, and the petition could only be brought in the district of incarceration.
• United States ex rel. Thomas Durso & Michael Gargano v. Pate
  426 F.2d 1083· 7th Cir.· 1970-04-30 ·cited 44×
  The admission of evidence of other criminal activities, even if prejudicial, does not violate due process if it is relevant to motive or intent and its probative value outweighs the prejudice.
• Carroll E. Wade v. Louie L. Wainwright
  420 F.2d 898· 5th Cir.· 1969-12-23 ·cited 44×
  A guilty plea entered without understanding the maximum potential sentence is involuntary and violates due process.
• Clemmon D. Waters v. Beto
  392 F.2d 74· 5th Cir.· 1968-03-28 ·cited 44×
  The court held that the federal district court's order denying habeas relief must be vacated and remanded for dismissal without prejudice, allowing the appellant to seek relief in the state court.
• Bailey v. Ellis C. MacDOUGALL
  392 F.2d 155· 4th Cir.· 1968-02-28 ·cited 44×
  A guilty plea is void if induced by promises that deprive it of its voluntary character, and the court must ensure the defendant understands the consequences of the plea.
• Wilson v. Gray
  345 F.2d 282· 9th Cir.· 1965-04-21 ·cited 44×
• Crownover v. The Honorable George T. Shannon
  170 So. 2d 299· Fla.· 1964-12-21 ·cited 44×
  The court held that habeas corpus proceedings are civil in nature, and therefore the time limits for state appeals in criminal cases do not apply to appeals in habeas corpus actions. The court receded from prior contrary holdings.
• Jack v. Ragan
  305 F.2d 58· 10th Cir.· 1962-06-21 ·cited 44×
  Denial of leave to file in forma pauperis must be allowed unless the issues raised are frivolous.
• McBEE v. Bomar
  296 F.2d 235· 6th Cir.· 1961-12-04 ·cited 44×
  The court held that the petitioner was denied his constitutional right to effective assistance of counsel due to the trial court's denial of a continuance, and thus the habeas corpus petition should be granted.
• Buchanan v. State of Fla. & Nathan Mayo
  111 So. 2d 51· Fla. 1st DCA· 1959-04-21 ·cited 44×
  Edward Buchanan petitioned for habeas corpus challenging his convictions and 20-year consecutive sentences for lewd and lascivious conduct with a 13-year-old girl under Florida's Child Molester Act. The appellate court upheld the dismissal of his habeas petition but reversed and
• Caritativo v. California
  357 U.S. 549· U.S.· 1958-06-30 ·cited 44×
• Moss v. Hunter
  167 F.2d 683· 10th Cir.· 1948-04-26 ·cited 44×
  A petitioner is not deprived of effective assistance of counsel merely because he later believes the representation was ineffective, and the trial court correctly found the petitioner understood the charges and his capacity to defend.
• Ashley v. Pescor
  147 F.2d 318· 8th Cir.· 1945-01-08 ·cited 44×
  A prior adjudication of insanity, not directly challenged or overturned, constitutes prima facie evidence of incompetence and, if uncontradicted, renders a subsequent conviction void, entitling the petitioner to discharge via habeas corpus.
• Helton v. Mayo
  153 Fla. 616· Fla.· 1943-10-29 ·cited 44×
  Charlie Helton sought habeas corpus relief after conviction and sentencing for removing and concealing moonshine whiskey with intent to defraud state tax. The Florida Supreme Court held that the information for the first offense charged no crime under state law, voiding that sent
• Dimenza v. Johnston
  130 F.2d 465· 9th Cir.· 1942-09-10 ·cited 44×
  The court held that the offenses described in 12 U.S.C.A. § 588b (a) and § 588b (b) constitute a single offense, not separate offenses, when the latter is an aggravation of the former.
• Ex parte Tobias Watkins
  7 Pet. 568· U.S.· 1833-01-01 ·cited 44×
  Tobias Watkins was imprisoned in Washington County, D.C. under a writ of capias ad satisfaciendum issued to collect fines from his criminal conviction, but he was never brought before the circuit court on the return day of the writ as required by Maryland law, nor was a formal co