Habeas Corpus

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

• Burkett v. Cunningham
  826 F.2d 1208· 3d Cir.· 1987-07-10 ·cited 41×
  The majority erred in ordering the discharge of convictions based on a flawed 'law of the case' finding of prejudice from sentencing delay.
• Ritter v. Smith
  811 F.2d 1398· 11th Cir.· 1987-02-18 ·cited 41×
  The court held that a supervening change in law, coupled with an unexecuted judgment and minimal delay, constituted extraordinary circumstances justifying relief from a prior habeas corpus judgment under Rule 60(b)(6).
• Bundy v. State
  497 So. 2d 1209· Fla.· 1986-11-17 ·cited 41×
  The court held that the appellant's claims for post-conviction relief and stay of execution were without merit and procedurally barred, and denied the petition for writ of habeas corpus.
• Wilburn Dobbs v. Kemp
  790 F.2d 1499· 11th Cir.· 1986-05-21 ·cited 41×
  The court held that while the trial court's jury instruction impermissibly shifted the burden of proof on intent, the error was harmless beyond a reasonable doubt due to overwhelming evidence of intent. The court also affirmed the reliability of witness identifications despite su
• United States v. Clevenger
  733 F.2d 1356· 9th Cir.· 1984-05-30 ·cited 41×
  The court held that the evidence was sufficient to prove criminal intent for conspiracy, mail fraud, and wire fraud, and that the trial court did not abuse its discretion in denying a continuance.
• Eligaah Ardalle Jacobs v. Louie L. Wainwright
  450 So. 2d 200· Fla.· 1984-02-23 ·cited 41×
  The court held that the petitioner failed to demonstrate ineffective assistance of appellate counsel, as the alleged failings did not constitute serious deficiencies or affect the outcome of the appeal.
• Darden v. Louie L. Wainwright
  699 F.2d 1031· 11th Cir.· 1983-02-14 ·cited 41×
• Askari Abdullah Muhammad v. State
  426 So. 2d 533· Fla.· 1982-12-16 ·cited 41×
  Muhammad appealed the denial of his Rule 3.850 motion to vacate his capital murder conviction and death sentence, claiming ineffective assistance of trial counsel. The Florida Supreme Court affirmed the denial without an evidentiary hearing, finding that the motion and case recor
• Staton v. Louie L. Wainwright and Maurice G. Crockett
  665 F.2d 686· 5th Cir.· 1982-01-11 ·cited 41×
  Florida's parole statutes do not create a constitutionally protected entitlement to a timely initial parole interview, and therefore, the failure to grant such an interview does not violate due process.
• Washington v. State
  397 So. 2d 285· Fla.· 1981-04-06 ·cited 41×
  David Leroy Washington, convicted of first-degree murder and sentenced to death, appeals the denial of his Rule 3.850 motion for post-conviction relief. The Florida Supreme Court affirms the trial court's denial, finding no merit to Washington's claims of ineffective assistance o
• Glimmert Beckham v. Louie L. Wainwright
  639 F.2d 262· 5th Cir.· 1981-03-12 ·cited 41×
  The court held that the defendant did not receive effective assistance of counsel because his attorney failed to accurately advise him of the consequences of withdrawing a negotiated guilty plea and stipulated sentence, leading to a grave misconception of the proceedings and poss
• Houston Earl Mays v. Balkcom
  631 F.2d 48· 5th Cir.· 1980-11-19 ·cited 41×
• Gaspar Eugenio Jimenez Escobedo v. United States
  623 F.2d 1098· 5th Cir.· 1980-08-14 ·cited 41×
  The court held that the evidence presented was sufficient to establish probable cause for extradition, and that the petitioners' arguments regarding the political offense exception, the extradition of nationals, and humanitarian concerns were without merit.
• Davis v. Campbell
  608 F.2d 317· 8th Cir.· 1979-11-02 ·cited 41×
  The court held that claims not exhausted in state courts must be remanded for dismissal, while claims previously decided on direct appeal and found not to raise constitutional issues are affirmed.
• Corpus v. Beto
  469 F.2d 953· 5th Cir.· 1972-11-24 ·cited 41×
  The court held that the district court's findings were not clearly erroneous and that the petitioner failed to prove the prosecution knowingly used false testimony or suppressed favorable evidence.
• Cates v. Ciccone
  422 F.2d 926· 8th Cir.· 1970-03-19 ·cited 41×
  The court held that a prisoner's pro se petition for a writ of habeas corpus was properly denied as it did not present exceptional circumstances requiring a hearing or appointment of counsel.
• In re Criminal Procedure
  151 So. 2d 634· Fla.· 1963-04-01 ·cited 41×
  The Florida Supreme Court adopted Criminal Procedure Rule No. 1, establishing a procedure for prisoners to challenge sentences through collateral attack by motion to the sentencing court on grounds of constitutional or jurisdictional defects. The rule creates an alternative to ha
• Reid v. Covert
  351 U.S. 487· U.S.· 1956-06-11 ·cited 41×
  The Court held that the Superintendent of the District of Columbia jail is an officer of the United States for purposes of 28 U.S.C. § 1252, allowing direct appeal, and that military jurisdiction, once validly attached, continues until final disposition of the case.
• Stonebreaker v. Smyth
  163 F.2d 498· 4th Cir.· 1947-08-20 ·cited 41×
  The court held that a federal district court should not grant habeas corpus relief when state courts have previously denied relief on the merits and the Supreme Court has denied certiorari, unless state remedies are inadequate.
• State v. Yocum
  136 Fla. 246· Fla.· 1939-02-03 ·cited 41×
  The Florida Supreme Court upheld Miami Beach Ordinance No. 502, which prohibited taxicab drivers from soliciting hotel patronage or diverting passengers to specific hotels. The Court held that the ordinance was a valid exercise of the city's police power to protect tourists and t
• Frederick v. Rowe
  105 Fla. 193· Fla.· 1932-04-19 ·cited 41×
  This case concerns whether a writ of prohibition can be used to stop a habeas corpus proceeding. The Florida Supreme Court held that while a circuit court has jurisdiction to issue a writ of habeas corpus, its inquiry is limited when the petitioner is convicted of a felony, and p
• Anderson v. Shackleford
  74 Fla. 36· Fla.· 1917-07-02 ·cited 41×
  Anderson was convicted in municipal court of violating a city ordinance regulating billboards by painting a sign on a building. The Florida Supreme Court reversed his conviction and ordered his discharge, holding that the ordinance as applied to non-obscene commercial signs on bu
• Kopsho v. State
  209 So. 3d 568· Fla.· 2017-01-19 ·cited 40×
  William Kopsho appeals his death sentence in a first-degree murder case after the U.S. Supreme Court's decision in Hurst v. Florida invalidated Florida's capital sentencing scheme. The Florida Supreme Court vacates Kopsho's death sentence and remands for a new penalty phase, find
• Parker v. Matthews
  567 U.S. 37· U.S.· 2012-06-11 ·cited 40×
  In this Supreme Court habeas case, the Court reversed the Sixth Circuit's decision granting habeas relief to David Matthews, who was convicted of two murders in Kentucky. The Court held that the Sixth Circuit improperly applied the deferential AEDPA standard by second-guessing th
• Lamarca v. Sec'y, Dep't OF Corr., Attorney Gen. of the State of Fla.
  568 F.3d 929· 11th Cir.· 2009-05-19 ·cited 40×
  Anthony Lamarca, a death-row inmate convicted of first-degree murder, sought a certificate of appealability (COA) to appeal three claims from his 28 U.S.C. § 2254 federal habeas corpus petition. The Eleventh Circuit denied the COA application because Lamarca failed to make a subs
• Ortiz v. State
  905 So. 2d 1016· Fla. 2d DCA· 2005-07-01 ·cited 40×
  Ortiz petitioned for relief alleging his appellate counsel was ineffective for failing to argue that a jury instruction on justifiable use of deadly force constituted fundamental error in his aggravated battery conviction. The court granted the petition and allowed a belated appe
• Collins v. State
  859 So. 2d 1244· Fla. 5th DCA· 2003-11-14 ·cited 40×
  Calvin Collins, an inmate in Georgia, filed a pro se petition for writ of habeas corpus in a Florida trial court challenging his 1996 guilty plea to cocaine possession on grounds of ineffective assistance of counsel and involuntariness of the plea. The court affirmed the denial o
• Mayes v. Moore
  827 So. 2d 967· Fla.· 2002-09-19 ·cited 40×
  The court held that petitioners are not entitled to relief because the conditional release statute is not a recidivist statute requiring prior notice, the Parole Commission's authority does not violate separation of powers, the statute is not a bill of attainder, and the forfeitu
• Brown v. Rison
  895 F.2d 533· 9th Cir.· 1990-01-23 ·cited 40×
  The Bureau of Prisons' interpretation that time spent in a rehabilitation center under bail is not creditable as jail time is reasonable and entitled to deference.
• Miller v. Dugger
  838 F.2d 1530· 11th Cir.· 1988-03-10 ·cited 40×
  The court held that the trial court erred by admitting the defendant's statement without first determining if he had knowingly and intelligently waived his Miranda rights, but this error was harmless.
• Burt Beavers v. A.L. Lockhart
  755 F.2d 657· 8th Cir.· 1985-02-25 ·cited 40×
  The court held that a habeas petitioner's claim of ineffective assistance of counsel for failing to challenge the consecutive sentencing decision on appeal warrants an evidentiary hearing, as the record did not demonstrate the trial judge exercised discretion in imposing consecut
• Ryder v. Morris
  752 F.2d 327· 8th Cir.· 1985-01-11 ·cited 40×
  The court held that the defendant's Fourth Amendment claim was barred from federal habeas review under Stone v. Powell, but remanded for a hearing on the defendant's challenge to the legality of his sentence based on an erroneous presentence report.
• Hill v. A.L. Lockhart
  731 F.2d 568· 8th Cir.· 1984-04-09 ·cited 40×
  The court should remand for an evidentiary hearing to determine if the attorney's misadvice on parole eligibility constituted ineffective assistance of counsel, inducing the guilty plea.
• Zygadlo v. Louie L. Wainwright
  720 F.2d 1221· 11th Cir.· 1983-12-02 ·cited 40×
  The court held that the trial judge did not abuse his discretion in ordering the defendant to wear leg shackles during trial, as the decision was supported by the defendant's prior escape attempt and the judge's consideration of security needs.
• Pickens v. A.L. Lockhart
  714 F.2d 1455· 8th Cir.· 1983-08-12 ·cited 40×
  The court held that the defendant's counsel provided ineffective assistance during the penalty phase of his trial by failing to present mitigating evidence, violating the Sixth and Fourteenth Amendments.
• McCARTHY v. Manson
  714 F.2d 234· 2d Cir.· 1983-08-09 ·cited 40×
  The court held that the state waived its right to raise the speedy trial exhaustion issue by failing to object to the magistrate's recommendation and consenting to the entry of judgment.
• Weathersby v. Morris
  708 F.2d 1493· 9th Cir.· 1983-06-24 ·cited 40×
  The prosecutor's use of peremptory challenges to exclude black persons from the petit jury, based on permissible trial-related considerations, did not violate the defendant's Fourteenth or Sixth Amendment rights.
• Coleman v. Zant
  708 F.2d 541· 11th Cir.· 1983-06-10 ·cited 40×
  The court held that the petitioner is entitled to an evidentiary hearing on the issue of whether pretrial publicity and community atmosphere were so prejudicial as to deny him a fair trial, and that the district court erred in denying discovery and a hearing.
• Wardell Riley v. State
  433 So. 2d 976· Fla.· 1983-06-03 ·cited 40×
  Wardell Riley, convicted of two murders and assault, appealed the trial court's denial of his motion to vacate his death sentence. The Florida Supreme Court affirmed the denial, rejecting Riley's claims of improper jury instructions, ineffective assistance of counsel, arbitrary a
• Hillery Preston v. Maggio
  705 F.2d 113· 5th Cir.· 1983-05-16 ·cited 40×
  The court held that the district court erred in denying habeas corpus relief without considering the merits, as the petitioner may be able to show cause and prejudice for his failure to raise a jury composition claim at trial.
• Smith v. Honorable Max E. Bacon
  699 F.2d 434· 8th Cir.· 1983-02-10 ·cited 40×
  The court held that while judges are immune from suit and equitable relief is inappropriate, public defenders may be sued under § 1983 if they conspire with judges, and the allegations here were sufficient to allow the suit to proceed.
• Howie Ray Robinson v. Wade
  686 F.2d 298· 5th Cir.· 1982-09-20 ·cited 40×
  The Court held that the defendant's reprosecution was not barred by the Double Jeopardy Clause, as the prosecutor's conduct, while improper, did not demonstrate an intent to provoke a mistrial, and the court reporter's negligence in losing a transcript did not trigger double jeop
• Stroud v. United States Parole Comm'n
  668 F.2d 843· 5th Cir.· 1982-02-26 ·cited 40×
  The court held that the Parole Commission acted within its statutory authority and in accordance with the guidelines when it required the prisoner to serve his entire sentence, affirming the denial of habeas relief.
• Alcene McKAHN v. Fla. Parole & Prob. Comm'n
  399 So. 2d 476· Fla. 1st DCA· 1981-06-09 ·cited 40×
  McKahn, an inmate convicted of drug possession, challenged the Florida Parole and Probation Commission's determination of his presumptive parole release date, alleging the Commission incorrectly classified his offense and unlawfully modified his parole criteria after establishing
• Earnest James Finley v. State
  394 So. 2d 215· Fla. 1st DCA· 1981-02-23 ·cited 40×
  Finley appealed the denial of his habeas corpus petition challenging his robbery conviction on double jeopardy grounds, arguing he could not be convicted of robbery when it was the underlying felony for his first-degree murder conviction. The court affirmed the denial, finding th
• Gibson v. Clanon
  633 F.2d 851· 9th Cir.· 1980-12-08 ·cited 40×
  The court held that the jury's consideration of extrinsic evidence requires application of the 'harmless beyond a reasonable doubt' standard, not a lesser standard, for constitutional error.
• Hunter v. Fogg
  616 F.2d 55· 2d Cir.· 1980-02-15 ·cited 40×
  A guilty plea is not constitutionally invalid for lack of information about parole eligibility or the minimum period of imprisonment set by a parole board, as this is distinct from a mandatory minimum sentence.
• Twitty v. Smith
  614 F.2d 325· 2d Cir.· 1979-12-11 ·cited 40×
  The court held that the petitioner had not exhausted state remedies for all claims and that the exhausted claims did not meet the standard for ineffective assistance of counsel.
• Blasingame v. Estelle
  604 F.2d 893· 5th Cir.· 1979-10-16 ·cited 40×
  The court held that a request for an attorney at arraignment does not automatically bar subsequent interrogation if the request was not made in a manner that effectively exercised the right to preclude any subsequent interrogation.
• Ratcliff v. Estelle
  597 F.2d 474· 5th Cir.· 1979-06-20 ·cited 40×
  A federal court must deny habeas corpus relief under the contemporaneous objection rule if a state court finds a procedural default forecloses a challenge, even if the state court also reached the merits of the constitutional claim.