Habeas Corpus

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

• Bacom v. Sullivan
  200 F.2d 70· 5th Cir.· 1952-11-25 ·cited 40×
  The court held that the petitioner was not subjected to double jeopardy because the two offenses charged were distinct in law and fact, requiring different proofs.
• Howell v. United States
  172 F.2d 213· 4th Cir.· 1949-01-24 ·cited 40×
  A void sentence does not invalidate a prior conviction, and a valid sentence can be imposed. A motion for a new trial based on newly discovered evidence is subject to strict time limits.
• Ennist v. Baden
  158 Fla. 141· Fla.· 1946-11-26 ·cited 40×
  William Ennist was arrested in Florida on an extradition warrant based on a New York indictment for child abandonment. The Florida Supreme Court held that the indictment was insufficient under Florida's extradition statute because it failed to allege that Ennist committed an act
• Fleming v. Tate
  156 F.2d 848· D.C. Cir.· 1946-06-28 ·cited 40×
  The court held that the statutory requirement for a parolee to have an 'opportunity to appear' before the Board for a parole violation hearing necessitates allowing the presence of counsel and the presentation of testimony.
• Cramer v. France
  148 F.2d 801· 9th Cir.· 1945-03-29 ·cited 40×
  The court held that a registrant cannot complain of the local board's conduct after appealing to the appeal board, whose decision supersedes the local board's. The court also found no denial of due process in the classification process.
• Sanderlin v. Smyth
  138 F.2d 729· 4th Cir.· 1943-11-08 ·cited 40×
  A federal court should not grant a writ of habeas corpus to a state prisoner unless there has been a gross violation of constitutional rights denying a fair trial, and all state remedies have been exhausted.
• State v. Augustus P. Hamans
  118 Fla. 230· Fla.· 1935-01-21 ·cited 40×
  A mother sought habeas corpus relief to regain custody of her six-year-old daughter who had been placed with the respondents following the father's death. The Florida Supreme Court affirmed the trial court's judgment awarding custody to the respondents, holding that the child's w
• Pounds v. Darling
  75 Fla. 125· Fla.· 1918-01-21 ·cited 40×
  The Florida Supreme Court affirmed that a city ordinance prohibiting bathing in a privately-owned, non-navigable lake violated the constitutional rights of riparian owners by depriving them of property without just compensation or due process. The Court held that habeas corpus wa
• Kinkaid v. Jackson
  66 Fla. 378· Fla.· 1913-11-25 ·cited 40×
  The court reviewed a judgment discharging John Jackson from a conviction for fighting in the City of Live Oak. The conviction was based on an ordinance that Jackson argued imposed excessive fines and cruel and unusual punishment. The court reversed the discharge, finding the ordi
• Sligh v. Kirkwood
  65 Fla. 123· Fla.· 1913-02-07 ·cited 40×
  The Florida Supreme Court upheld a 1911 statute prohibiting the sale and shipment of immature or misbranded citrus fruits, rejecting a constitutional challenge that the law unconstitutionally interferes with interstate commerce. The court held that the statute is a valid police r
• Bd. of Cnty. Comm'rs of Hillsborough Cnty. v. Tucker Savage
  63 Fla. 337· Fla.· 1912-01-01 ·cited 40×
  This case reviews a lower court's injunction against county commissioners using public funds for a 1911 act concerning the care of children. The appellate court found parts of the act unconstitutional, specifically regarding probation officer salaries, but upheld other provisions
• Kendrick Silver v. State
  193 So. 3d 991· Fla. 4th DCA· 2016-05-25 ·cited 39×
  The court held that a conviction must be vacated if the trial court failed to hold a competency hearing after appointing experts, as this constitutes ineffective assistance of appellate counsel.
• Barwick v. State
  88 So. 3d 85· Fla.· 2011-06-30 ·cited 39×
  Darryl Barwick appeals the denial of his motion to vacate his death sentence for first-degree murder under Rule 3.851 and petitions for habeas corpus relief. The Florida Supreme Court affirms the circuit court's denial, rejecting claims of ineffective assistance of counsel, Brady
• Whitmore v. State
  27 So. 3d 168· Fla. 4th DCA· 2010-02-03 ·cited 39×
  Whitmore appeals the denial of his Rule 3.850 motion for ineffective assistance of trial counsel and petitions for habeas corpus based on ineffective assistance of appellate counsel. The Fourth District affirmed the trial court's denial of the Rule 3.850 motion but granted the ha
• Marbel Mendoza v. State
  964 So. 2d 121· Fla.· 2007-05-24 ·cited 39×
  Marbel Mendoza appealed the denial of his Rule 3.850 motion challenging his first-degree murder conviction and death sentence, claiming ineffective assistance of trial counsel. The Florida Supreme Court reversed and remanded for a new evidentiary hearing because the circuit court
• Blalock v. Rice
  707 So. 2d 738· Fla. 2d DCA· 1997-09-10 ·cited 39×
  Deborah Blalock challenged her 16-month jail sentence for indirect criminal contempt related to child support arrears, claiming serious due process violations in the trial court proceedings. The Florida Second District Court of Appeal found multiple critical errors on the face of
• Cary Michael Lambrix v. Singletary
  72 F.3d 1500· 11th Cir.· 1996-01-03 ·cited 39×
  The Eleventh Circuit affirmed the district court's denial of the habeas petition. The court held that the defendant's claim based on Espinosa v. Florida was barred by Teague v. Lane retroactivity rules. The court also found no ineffective assistance of counsel at the penalty phas
• Gilmore v. Taylor
  508 U.S. 333· U.S.· 1993-06-07 ·cited 39×
  The Court held that the rule applied by the Court of Appeals was a new rule, and that it did not fall within the exceptions to Teague v. Lane's prohibition against applying new rules on habeas corpus.
• Richmond v. Lewis
  506 U.S. 40· U.S.· 1992-12-01 ·cited 39×
  The Court holds that the special concurrence erred by failing to reweigh aggravating and mitigating circumstances after finding one aggravating factor invalid. The Court does not reach the claim regarding the construction of the 'heinous' aggravating circumstance.
• Francis v. Barton
  581 So. 2d 583· Fla.· 1991-06-15 ·cited 39×
  Bobby Marion Francis, a death row inmate with three death warrants signed, seeks post-conviction relief and habeas corpus review of his first-degree murder conviction and death sentence. The Florida Supreme Court denies all relief, finding that Francis's claims are procedurally b
• Gunn v. Lanson Newsome
  881 F.2d 949· 11th Cir.· 1989-08-07 ·cited 39×
• Osborn v. Shillinger
  861 F.2d 612· 10th Cir.· 1988-11-07 ·cited 39×
  The court held that the federal district court did not err in reaching the merits of Osborn's habeas corpus petition, as state remedies were exhausted by the time of appellate review and any procedural bar was not sufficiently established to preclude federal consideration.
• United States v. Sanclemente-Bejarano
  861 F.2d 206· 9th Cir.· 1988-11-03 ·cited 39×
  The court held that Federal Rule of Criminal Procedure 11 does not require a trial court to warn a defendant of parole ineligibility before accepting a guilty plea, and that the failure to explain supervised release was harmless error.
• Bundy v. Dugger
  850 F.2d 1402· 11th Cir.· 1988-07-07 ·cited 39×
  The court affirmed the district court's denial of habeas corpus relief, finding no abuse of the writ, no incompetence to stand trial, no denial of choice of counsel, no ineffective assistance of counsel, no improper Faretta inquiry, no constitutional issue regarding the race of t
• United States ex rel. Miguel A. Espinoza v. J.W. Fairman
  813 F.2d 117· 7th Cir.· 1987-02-25 ·cited 39×
  The court held that while Espinoza had no Sixth Amendment right to counsel for the murder charge, his prior invocation of his Fifth Amendment right to counsel at his weapons charge arraignment remained in effect during subsequent custodial interrogation for the murder, rendering
• Smith v. Louie L. Wainwright
  777 F.2d 609· 11th Cir.· 1985-11-14 ·cited 39×
  The court held that the appellant was denied his Sixth Amendment right to effective assistance of counsel due to his trial attorney's failure to move to suppress numerous confessions, and that an evidentiary hearing is necessary to determine if this failure constituted sound tria
• Booker v. Louie L. Wainwright
  764 F.2d 1371· 11th Cir.· 1985-06-21 ·cited 39×
  The court held that the petitioner abused the writ by failing to raise his ineffective assistance of counsel claim in his first habeas petition and that his other claims were procedurally defaulted without sufficient cause or prejudice.
• United States v. Flynt
  756 F.2d 1352· 9th Cir.· 1985-03-28 ·cited 39×
  The court held that the denial of a continuance to obtain psychiatric evaluation and the subsequent use of summary contempt proceedings were abuses of discretion.
• Witt v. Louie L. Wainwright
  755 F.2d 1396· 11th Cir.· 1985-03-04 ·cited 39×
  The court affirmed the district court's denial of a certificate of probable cause and stay of execution, finding that the petitioner's claims constituted an abuse of the writ.
• Fendler v. Goldsmith
  728 F.2d 1181· 9th Cir.· 1983-10-14 ·cited 39×
  The majority erred by making contrary factual findings and failing to decide a ripe constitutional question, exceeding its jurisdiction under 28 U.S.C. § 2254(d).
• Fulford v. Maggio
  692 F.2d 354· 5th Cir.· 1982-11-29 ·cited 39×
  The court held that while the prosecution's failure to disclose evidence was troubling, it did not rise to the level of reversible error due to lack of substantial prejudice or harmless error. However, the trial court erred in denying a competency hearing based on unrebutted psyc
• United States ex rel. William Scott v. Ill. Parole & Pardon Bd. & Lou Brewer
  669 F.2d 1185· 7th Cir.· 1982-02-09 ·cited 39×
  The Illinois parole release statute creates a constitutionally protected liberty interest, requiring a sufficient statement of reasons for parole denial. The case is remanded to determine if the Board's stated reason was constitutionally adequate.
• Acosta v. Turner
  666 F.2d 949· 5th Cir.· 1982-02-04 ·cited 39×
  The court held that the state trial court failed to adequately inquire into the defendant's competency to stand trial, violating his procedural due process rights under Pate v. Robinson.
• Ryals v. Estelle
  661 F.2d 904· 5th Cir.· 1981-11-18 ·cited 39×
  The court held that an untimely filed notice of appeal cannot be made timely by a district court's subsequent grant of a certificate of probable cause, as this does not confer jurisdiction.
• Page v. United States Parole Comm'n
  651 F.2d 1083· 5th Cir.· 1981-07-27 ·cited 39×
  The court held that the United States Parole Commission's denial of parole was not illegal, did not violate due process, and did not breach the petitioner's plea bargain.
• United States ex rel. Carlos Marcello v. Dist. Dir. OF the Immigr. & Naturalization Serv.
  634 F.2d 964· 5th Cir.· 1981-01-22 ·cited 39×
  The court held that an alien subject only to a deportation order, without being physically detained, is not 'held in custody' for the purpose of habeas corpus review under 8 U.S.C. § 1105a(a)(9).
• Sannon v. United States
  631 F.2d 1247· 5th Cir.· 1980-12-04 ·cited 39×
  The court held that the district court exceeded its authority by mandating extensive publicity for new regulations beyond the Administrative Procedure Act, and that the case should be dismissed as moot because the named petitioners received the relief they sought and class-wide r
• Williams v. Brown
  609 F.2d 216· 5th Cir.· 1980-01-07 ·cited 39×
  The court held that the denial of a hearing on a Fourth Amendment claim, due to a procedural error, does not preclude the application of Stone v. Powell's bar to federal habeas review if state processes allowed for full and fair litigation. The court also found that nondisclosure
• United States ex rel. Lois Sero v. Preiser
  506 F.2d 1115· 2d Cir.· 1974-11-06 ·cited 39×
  The court held that the combination of extended reformatory sentences for young adult misdemeanants and identical conditions of confinement as adult misdemeanants violates the Equal Protection Clause of the Fourteenth Amendment.
• United States ex rel. James C. Haynes v. McKENDRICK
  481 F.2d 152· 2d Cir.· 1973-06-14 ·cited 39×
• Glynn v. Donnelly
  470 F.2d 95· 1st Cir.· 1972-12-12 ·cited 39×
  The court held that petitioners failed to demonstrate exceptional circumstances justifying bail pending their habeas corpus petitions, and denied the petitions for bail.
• United States ex rel. Robert Harris v. State OF Ill.
  457 F.2d 191· 7th Cir.· 1972-03-17 ·cited 39×
  The court held that even if a state trial court improperly placed the burden of proof on the defendant regarding the independence of an in-court identification, a federal court on habeas review can still determine independence from the record if adequate, and if independent, no c
• Bustamonte v. Schneckloth
  448 F.2d 699· 9th Cir.· 1971-09-13 ·cited 39×
  The court held that a consent to search, to be valid, must be given with knowledge that the individual has the right to refuse consent.
• Fletcher v. Louie L. Wainwright
  399 F.2d 62· 5th Cir.· 1968-08-02 ·cited 39×
  The court held that the admission of jewelry thrown from a motel room window was reversible error because it was a direct consequence of an illegal entry, and the exclusionary rule's deterrent policy would be undermined by admitting it.
• Schoeps v. Carmichael
  177 F.2d 391· 9th Cir.· 1949-09-23 ·cited 39×
  The court held that the petitioner's re-entry into the United States after committing crimes involving moral turpitude provided a basis for deportation under the statute.
• Kilgore v. State
  55 So. 3d 487· Fla.· 2010-11-18 ·cited 38×
  Dean Kilgore challenges his capital murder conviction and death sentence for the 1989 prison killing of Emerson Robert Jackson through postconviction relief and habeas corpus proceedings. The Florida Supreme Court affirmed the denial of his rule 3.850 motion and denied his habeas
• Ponticelli v. State
  941 So. 2d 1073· Fla.· 2006-08-31 ·cited 38×
  Anthony Ponticelli was convicted of two counts of first-degree murder and sentenced to death. On postconviction appeal, he challenged the conviction and sentence through Rule 3.850 motion and habeas petition, raising Brady/Giglio claims, ineffective assistance of counsel claims,
• Branch v. State
  952 So. 2d 470· Fla.· 2006-08-31 ·cited 38×
  Eric Scott Branch, convicted of first-degree murder and sentenced to death, appeals the trial court's denial of his Rule 3.850 postconviction motion and petitions for a writ of habeas corpus. Branch raises numerous ineffective assistance of counsel claims at both the trial and ap
• Lackawanna Cnty. Dist. Attorney v. Coss
  532 U.S. 394· U.S.· 2001-04-25 ·cited 38×
  The Court should have remanded the case to the Court of Appeals to determine if the prior convictions adversely affected the sentence, rather than ruling on the issue in the first instance.
• Brown v. State
  708 So. 2d 1041· Fla. 1st DCA· 1998-05-05 ·cited 38×