Habeas Corpus

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

• Johnson v. W.J. Estelle, Jr.
  704 F.2d 232· 5th Cir.· 1983-05-06 ·cited 42×
  The court held that the district court erred in dismissing the claim of ineffective assistance of counsel without an evidentiary hearing, as the allegations, if true, could establish a constitutional violation.
• Hall v. State
  420 So. 2d 872· Fla.· 1982-10-05 ·cited 42×
  Freddie Lee Hall appealed the denial of his motion to vacate his death sentence for first-degree murder and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial and rejected Hall's claims of constitutional violations and ineffective
• United States v. Ferri
  686 F.2d 147· 3d Cir.· 1982-08-03 ·cited 42×
  The court held that the district court lacked jurisdiction to grant the Rule 35 motion as it was filed outside the 120-day time limit, and that mandamus was the appropriate remedy to review the jurisdictional issue. The court also found that the district court had jurisdiction to
• Jacks v. Duckworth
  651 F.2d 480· 7th Cir.· 1981-06-10 ·cited 42×
  The dissenting judge argues that the state trial court's use of Instruction No. 5 impermissibly shifted the burden of proof on an essential element of the crime, and the admission of the defendant's request to speak to a lawyer was prejudicial error.
• Williams v. State OF Mo.
  640 F.2d 140· 8th Cir.· 1981-02-05 ·cited 42×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus without a hearing, as the appellant's claims were unsupportable on the record and lacked merit.
• Dezso John Lokos v. Capps
  625 F.2d 1258· 5th Cir.· 1980-09-18 ·cited 42×
  The court held that the Alabama trial court violated the petitioner's constitutional rights by failing to conduct an adequate inquiry into his competency to stand trial, and that the petitioner was in fact incompetent.
• Bradford v. Stone
  594 F.2d 1294· 9th Cir.· 1979-04-10 ·cited 42×
  The court held that while a prosecutor's comment on a defendant's post-arrest silence violated Doyle v. Ohio, the error was harmless beyond a reasonable doubt due to defense counsel's actions and overwhelming evidence of guilt.
• Salemme v. Ristaino
  587 F.2d 81· 1st Cir.· 1978-11-22 ·cited 42×
  The court held that the petitioner's claims of constitutional error, including issues regarding evidentiary rulings, double jeopardy, witness access, voir dire, prosecutorial remarks, and jury instructions, did not warrant federal habeas corpus relief.
• Allen v. Estelle
  568 F.2d 1108· 5th Cir.· 1978-03-01 ·cited 42×
  The court held that the victim's identification was reliable under the totality of the circumstances, despite a suggestive pretrial confrontation, and that the sentence enhancement claim was controlled by prior precedent or unexhausted.
• Isadore Hodges, Jr. v. Rose
  570 F.2d 643· 6th Cir.· 1978-02-14 ·cited 42×
  The admission of one defendant's redacted confession, which still implicitly implicated the codefendant, violated the Bruton rule, but the error was harmless beyond a reasonable doubt due to overwhelming independent evidence of guilt.
• James v. Reese
  546 F.2d 325· 9th Cir.· 1976-12-10 ·cited 42×
  The court affirmed the district court's dismissal of the habeas corpus petition because the petitioner failed to exhaust available state remedies for all claims raised.
• Bell v. ARN
  536 F.2d 123· 6th Cir.· 1976-06-04 ·cited 42×
  The court held that the district court erred in granting a writ of habeas corpus, as the state court's admission of the dying declaration did not violate federal constitutional rights and the petitioner received a fair trial.
• Ellis Eaton, Jr. v. Wyrick
  528 F.2d 477· 8th Cir.· 1975-12-31 ·cited 42×
  The court held that the petitioner failed to exhaust available state remedies for his claims, and the futility exception did not apply. A new claim based on a subsequently invalidated statute also requires initial presentation to state courts.
• Bonner v. Cir. Court OF the City OF ST. Louis
  526 F.2d 1331· 8th Cir.· 1975-11-28 ·cited 42×
• Grasso v. Norton
  520 F.2d 27· 2d Cir.· 1975-06-23 ·cited 42×
  The court held that the Parole Board's practices do not provide (a)(2) prisoners with as effective and meaningful parole consideration as other prisoners, failing to give sufficient weight to rehabilitation.
• Solomon v. Solomon
  516 F.2d 1018· 3d Cir.· 1975-05-02 ·cited 42×
  The court held that the assertion of a defense based on a severable visitation clause in a contract does not divest federal courts of diversity jurisdiction in a contract action, and the "domestic relations exception" does not bar such suits.
• Webster v. Estelle
  505 F.2d 926· 5th Cir.· 1974-12-26 ·cited 42×
  The court held that the state presented sufficient documentary and testimonial evidence to overcome the petitioner's claim of being unrepresented by counsel during a 1938 guilty plea, thus the enhancement of his sentence was constitutional.
• Fixel v. Louie L. Wainwright
  492 F.2d 480· 5th Cir.· 1974-04-10 ·cited 42×
  The court held that the search of the shaving kit in the backyard was not incident to a lawful arrest and violated the Fourth Amendment.
• Todd v. Lockhart
  490 F.2d 626· 8th Cir.· 1974-01-16 ·cited 42×
  A defective plea-taking record can be cured by a post-conviction hearing if the state affirmatively proves the plea was voluntary and intelligent.
• Hart v. Respondent-Appellee
  449 F.2d 183· 5th Cir.· 1971-10-01 ·cited 42×
  The court held that a prisoner is entitled to credit for time spent in jail pending direct appeal, and may be entitled to credit for pre-trial detention if indigency was the cause of inability to make bail.
• United States ex rel. Robert Williams v. Hon. Daniel McMANN
  436 F.2d 103· 2d Cir.· 1970-12-07 ·cited 42×
  A longer sentence imposed after a defendant withdraws a guilty plea and is convicted of a more serious original charge is not unconstitutional, even if the original plea bargain contemplated a lighter sentence.
• Vance v. State OF N.C.
  432 F.2d 984· 4th Cir.· 1970-10-05 ·cited 42×
  The court held that the Sixth Amendment right to counsel extends to preliminary hearings, but affirmed the dismissal of claims regarding an unduly suggestive lineup and the admission of evidence seized incident to an arrest under an invalid warrant.
• Thaddeus King, Jr. v. Beto
  429 F.2d 221· 5th Cir.· 1970-07-06 ·cited 42×
  The court held that the petitioner was denied effective assistance of counsel, violating his Sixth and Fourteenth Amendment rights.
• Atwell v. State OF Ark.
  426 F.2d 912· 8th Cir.· 1970-05-21 ·cited 42×
  The court held that the petitioner's claims regarding illegal arrest, coerced confession, and improper admission of prior conviction evidence did not rise to the level of federal constitutional violations reviewable by habeas corpus.
• United States ex rel. Ralph E. Hughes v. Rundle
  419 F.2d 116· 3d Cir.· 1969-11-14 ·cited 42×
  The court held that the District Court correctly denied the habeas corpus petition without an evidentiary hearing and that the Boykin doctrine should not be applied retroactively.
• United States ex rel. Anthony Bruno v. Ross E. Herold, M.D.
  408 F.2d 125· 2d Cir.· 1969-02-14 ·cited 42×
  The court held that the petitioner was not denied his constitutional right to a public trial because the partial exclusion of spectators was a reasonable exercise of judicial discretion to protect a witness and ensure an orderly trial, and any potential issue was waived by counse
• Thomas v. United States
  398 F.2d 531· 5th Cir.· 1967-09-22 ·cited 42×
  The court denied the petition for rehearing, affirming its prior decision to reverse the conviction under Count Two.
• United States v. Hoffa
  382 F.2d 856· 6th Cir.· 1967-09-14 ·cited 42×
  The court held that serious allegations of jury and marshal misconduct, occurring outside the trial judge's presence, require an evidentiary hearing and cannot be resolved solely on the basis of conflicting affidavits.
• McDONALD v. Moore
  353 F.2d 106· 5th Cir.· 1965-11-24 ·cited 42×
  The court held that the failure to inform an indigent defendant of their right to counsel for a misdemeanor charge renders the plea and conviction constitutionally invalid.
• Martin v. Commonwealth OF Va.
  349 F.2d 781· 4th Cir.· 1965-08-05 ·cited 42×
  A prisoner denied parole eligibility due to subsequent convictions is considered 'in custody' for federal habeas corpus purposes, allowing a collateral attack on those convictions.
• Goss v. State OF Ill.
  312 F.2d 257· 7th Cir.· 1963-01-24 ·cited 42×
  The Civil Rights Act does not grant federal district courts jurisdiction to collaterally attack a state criminal contempt conviction affirmed by the highest state court.
• Petition of Joseph Ernst for a Writ of Habeas Corpus
  294 F.2d 556· 3d Cir.· 1961-08-31 ·cited 42×
• Reynolds v. Cochran
  365 U.S. 525· U.S.· 1961-03-20 ·cited 42×
  The Court held that the petitioner was denied due process by the trial court's refusal to grant a continuance for him to obtain counsel.
• Adams v. Ellis
  197 F.2d 483· 5th Cir.· 1952-06-05 ·cited 42×
  The court held that prison authorities have the right to censor prisoners' mail and that the statutes cited by the appellant do not apply to the circumstances presented.
• United States ex rel. Weber v. Ragen
  176 F.2d 579· 7th Cir.· 1949-07-25 ·cited 42×
  The court held that the petitioner's claims of coerced confessions and incompetent counsel did not violate his federal constitutional rights, and therefore, the District Court properly dismissed his habeas corpus petition.
• Wallace v. United States
  174 F.2d 112· 8th Cir.· 1949-04-19 ·cited 42×
  The court held that the inmate's motion to vacate his sentence was properly dismissed because the issues raised were either previously decided, not cognizable on collateral attack, or not supported by the record, and the appeal was timely.
• Lindsey v. Leavy
  149 F.2d 899· 9th Cir.· 1945-06-01 ·cited 42×
  The state courts had jurisdiction to resentence the appellant, and the record does not sustain his conspiracy claims or entitle him to relief.
• Wilson v. Joughin
  105 Fla. 353· Fla.· 1932-04-26 ·cited 42×
  Charles H. Wilson petitioned for habeas corpus challenging his contempt of court commitment by Sheriff Joughin. The Florida Supreme Court held that when overt conduct charged as contempt is unequivocal and clearly constitutes contempt per se, a habeas corpus petition cannot colla
• Johnson v. The State of Fla. ex rel. W. L. Fox
  99 Fla. 711· Fla.· 1930-04-02 ·cited 42×
  This case concerns whether a habeas corpus petition was properly granted, discharging a citrus fruit inspector charged with accepting illegal compensation. The court affirmed the discharge, finding the information failed to allege essential elements of the statutory offense.
• Reyes v. State
  34 Fla. 181· Fla.· 1894-06-01 ·cited 42×
  The Florida Supreme Court reversed a conviction for distributing obscene material, holding that the indictment was insufficient because it failed to describe the obscene material. This decision emphasizes the constitutional right of an accused to know the specific charges against
• Pagan v. State
  29 So. 3d 938· Fla.· 2009-10-01 ·cited 41×
  Alex Pagan appeals the trial court's denial of his motion to vacate death sentences for two first-degree murders committed in 1993, raising claims of Brady violations, ineffective assistance of counsel regarding mitigation evidence, and prosecutorial misconduct. The Florida Supre
• Derrick v. State
  983 So. 2d 443· Fla.· 2008-02-07 ·cited 41×
  Samuel Jason Derrick was convicted of first-degree murder and sentenced to death for the 1987 killing of Rama Sharma. In this postconviction proceeding, the Florida Supreme Court affirmed the denial of Derrick's rule 3.850 motion for postconviction relief and rejected his petitio
• Johnson v. State
  915 So. 2d 682· Fla. 3d DCA· 2005-11-02 ·cited 41×
  Earl Johnson, an incarcerated defendant convicted of multiple felonies in 1978, filed his twenty-fourth pro se post-conviction appeal challenging his conviction and sentence. The Third District Court of Appeal prohibited him from filing further pro se pleadings, finding that he h
• Ventura v. Attorney Gen., State of Fla., Sec'y, Dep't of Corr.
  419 F.3d 1269· 11th Cir.· 2005-08-09 ·cited 41×
  Peter Ventura was convicted of murder and sentenced to death based partly on testimony from Jack McDonald, a co-conspirator who falsely testified that he received no consideration in exchange for his testimony. Post-conviction discovery revealed that the prosecutor had negotiated
• Elledge v. State
  911 So. 2d 57· Fla.· 2005-06-09 ·cited 41×
  William Duane Elledge, on death row for over 20 years following the 1974 murder of Margaret Anne Strack, appealed the trial court's denial of his Rule 3.850 postconviction relief motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the denial, reject
• Burnice C. Baxley v. O'Neill
  825 So. 2d 406· Fla. 1st DCA· 2001-12-26 ·cited 41×
  The court held that the petitioner is not entitled to provisional credits because the offense was committed before the effective date of the amended statute.
• Lightbourne v. State
  644 So. 2d 54· Fla.· 1994-06-16 ·cited 41×
  Ian Deco Lightbourne, a death row inmate, appeals the denial of postconviction relief based on Brady violations and alleged newly discovered evidence. The Florida Supreme Court affirmed the denial, holding that the withheld or late-discovered evidence regarding the State's relati
• Preston v. State
  564 So. 2d 120· Fla.· 1990-06-07 ·cited 41×
  Robert Preston appeals the denial of his motion to vacate his death sentence after his prior violent felony conviction (deadly missile) was vacated due to ineffective assistance of counsel. The Florida Supreme Court vacates the death sentence and remands for resentencing because
• Lusk v. Dugger
  890 F.2d 332· 11th Cir.· 1989-11-22 ·cited 41×
  The court held that Lusk failed to demonstrate prejudice from counsel's performance at any stage of the trial and that the Florida courts did not unconstitutionally apply the jury override standard. The denial of relief as to the conviction is affirmed, the grant of relief as to
• Harris v. Pulley
  885 F.2d 1354· 9th Cir.· 1988-07-08 ·cited 41×
  The court held that the extensive pretrial publicity did not create a presumption of prejudice and that the voir dire examination demonstrated the jury was impartial, thus denying the claim of a violation of the right to a fair trial.