Habeas Corpus

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

• Bowdidge v. Lehman
  252 F.2d 366· 6th Cir.· 1958-02-24 ·cited 38×
  The court held that the summary dismissal of the complaint without notice or a hearing was erroneous under the Federal Rules of Civil Procedure.
• Hayward v. Chesley H. Looney
  246 F.2d 56· 10th Cir.· 1957-06-12 ·cited 38×
  A federal sentence does not begin to run until the prisoner is received at a federal penal institution for service, even if previously surrendered to state authorities.
• Huie v. State
  92 So. 2d 264· Fla.· 1957-01-23 ·cited 38×
  William Bradford Huie appealed an appearance bond forfeiture order entered after the Florida Supreme Court dismissed his habeas corpus petition and remanded him to the custody of the Suwannee County Sheriff. The Supreme Court held that while the trial judge had jurisdiction to or
• Anglin v. Mayo
  88 So. 2d 918· Fla.· 1956-07-13 ·cited 38×
  In this habeas corpus proceeding, the Florida Supreme Court found that appellant Anglin was illegally sentenced to five years in state prison for obtaining money through false pretenses when the applicable statutory penalty should have been limited to six months in county jail. T
• United States ex rel. Marvin Moses v. Kipp
  232 F.2d 147· 7th Cir.· 1956-04-17 ·cited 38×
  The court held that a prisoner transferred between state and federal custody via a writ of habeas corpus ad prosequendum cannot challenge the transfer or demand priority of one jurisdiction over the other, as this is a matter of comity between sovereigns.
• Easley v. Hunter
  209 F.2d 483· 10th Cir.· 1953-12-30 ·cited 38×
  The court held that civil courts will not review military court-martial decisions if the military tribunals have fully and fairly considered the constitutional questions presented.
• Rubinstein v. Brownell
  206 F.2d 449· D.C. Cir.· 1953-06-11 ·cited 38×
  The majority opinion holds that the Attorney General lacks the authority to arrest an alien while judicial review of a deportation order is pending, and that such an arrest would be an abuse of discretion.
• Miller v. Overholser
  206 F.2d 415· D.C. Cir.· 1953-03-05 ·cited 38×
  Habeas corpus is an available remedy to test the legality of the place of confinement, even if the custody itself is lawful, and confinement in a ward for the criminal insane violates the Sexual Psychopath Act.
• Carvell v. United States
  173 F.2d 348· 4th Cir.· 1949-03-11 ·cited 38×
  The court held that the trial judge did not err in denying the motion to set aside the judgment and sentence.
• Stidham v. United States
  170 F.2d 294· 8th Cir.· 1948-11-02 ·cited 38×
  The court held that the defendant's motion to vacate the judgment and withdraw his guilty plea was properly denied, as his claims of denied counsel, coerced plea, and abuse of discretion were unsubstantiated.
• United States ex rel. Quinn v. Hunter
  162 F.2d 644· 7th Cir.· 1947-06-13 ·cited 38×
  The court held that the District Court lacked jurisdiction to entertain a motion to correct a sentence after the term of its entry and lacked jurisdiction in a habeas corpus proceeding where the alleged unlawful restraint was outside its territorial jurisdiction, even if the part
• McMAHAN v. Hunter
  150 F.2d 498· 10th Cir.· 1945-07-21 ·cited 38×
  A writ of habeas corpus cannot be used to challenge the validity of sentences that the petitioner is not currently serving.
• Ex parte: Charles Franklin Stirrup
  155 Fla. 173· Fla.· 1944-11-17 ·cited 38×
  Charles Franklin Stirrup petitioned for habeas corpus after being convicted of obtaining $25 by false pretenses. The Florida Supreme Court held that the information failed to charge any criminal offense under Florida law because it did not adequately allege a causal connection be
• Coleman v. State
  118 Fla. 201· Fla.· 1935-01-19 ·cited 38×
  The Florida Supreme Court reversed a habeas corpus discharge of a defendant arrested under a liquor licensing statute, holding that the 1934 constitutional amendment reinstating local option prohibition revived pre-1919 liquor laws that had been dormant during federal and state p
• Issidore Passett v. Chase
  91 Fla. 522· Fla.· 1926-03-18 ·cited 38×
  Passett was arrested by a Florida sheriff under a federal bench warrant issued by the D.C. Supreme Court for allegedly violating a federal nonsupport statute. The Florida Supreme Court held that a state court has jurisdiction to grant habeas corpus relief when a state officer det
• Clark G. Kuney v. State of Fla. & J. L. Hampton
  88 Fla. 354· Fla.· 1924-12-02 ·cited 38×
  This case concerns whether a person sought for extradition can challenge the claim that they are a fugitive from justice in a habeas corpus proceeding. The court held that the accused has the right to present evidence to prove they are not a fugitive, and striking their answer on
• Gonzales v. Cunningham
  164 U.S. 612· U.S.· 1896-12-21 ·cited 38×
  The Supreme Court held that appeals lie from final orders of the Territorial Supreme Courts on habeas corpus despite a general 1885 statute restricting appeals from territorial courts to cases involving disputes exceeding five thousand dollars in value, because a special statutor
• Ex parte Edwards
  11 Fla. 174· Fla.· 1867-01-01 ·cited 38×
  A Florida Supreme Court case reviewing a circuit judge's refusal to grant a writ of habeas corpus to A. K. Edwards, who was imprisoned for contempt of a chancery court. The court held that a refusal to grant habeas corpus constitutes a judgment reviewable by writ of error, and th
• Provenzano v. State
  739 So. 2d 1150· Fla.· 1999-07-01 ·cited 37×
  Thomas Harrison Provenzano, a death row inmate convicted of murdering a bailiff, appeals the circuit court's denial of his third motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, rejecting claims based
• Simmons v. A.L. Lockhart
  915 F.2d 372· 8th Cir.· 1990-09-27 ·cited 37×
  The court held that while ineffective assistance of post-conviction counsel can excuse procedural defaults, the petitioner failed to demonstrate an actual adverse effect on his defense from his trial counsel's alleged conflict of interest, thus his claim of ineffective assistance
• Futch v. Dugger
  874 F.2d 1483· 11th Cir.· 1989-06-08 ·cited 37×
  The court held that the petitioner is entitled to an evidentiary hearing on the issue of ineffective assistance of trial counsel regarding the failure to investigate a potential eyewitness and petitioner's competency to stand trial.
• Lowenfield v. Phelps
  817 F.2d 285· 5th Cir.· 1987-05-11 ·cited 37×
  The dissenting judge argues that the supplemental Allen charge and Brasfield inquiry used during the sentencing phase of a death penalty case are unconstitutionally coercive.
• Celestine v. Blackburn
  750 F.2d 353· 5th Cir.· 1984-12-28 ·cited 37×
  The court held that the petitioner did not receive ineffective assistance of counsel and that the trial court did not err in its jury selection or exclusion of a juror, affirming the denial of habeas corpus relief.
• Martin v. Rose
  744 F.2d 1245· 6th Cir.· 1984-10-04 ·cited 37×
  A defendant is deprived of the Sixth Amendment right to effective assistance of counsel when his attorney refuses to participate in the trial, even if this is a deliberate tactic, because such a tactic fails to subject the prosecution's case to meaningful adversarial testing.
• Haggins v. Warden, Fort Pillow State Farm
  715 F.2d 1050· 6th Cir.· 1983-08-11 ·cited 37×
  The admission of a child victim's hearsay statements, made under the stress of excitement from a startling event, does not violate the Sixth Amendment confrontation clause if they possess sufficient indicia of reliability, even if the child is unavailable to testify.
• Booker v. Louie L. Wainwright
  703 F.2d 1251· 11th Cir.· 1983-04-25 ·cited 37×
  The court held that the prosecutor's use of psychiatric examination information during cross-examination for impeachment purposes was permissible, and that the jury instructions did not unconstitutionally limit consideration of mitigating factors.
• Verg Lee Nero v. Blackburn
  597 F.2d 991· 5th Cir.· 1979-06-29 ·cited 37×
  The court held that the attorney's failure to move for a mistrial after the prosecutor improperly revealed inadmissible prior convictions constituted ineffective assistance of counsel.
• United States v. Guerra
  588 F.2d 519· 5th Cir.· 1979-01-26 ·cited 37×
  The court held that the district court erred in denying a hearing on the habeas corpus petition without adequately considering the allegations of ineffective assistance of counsel.
• COX v. Hutto
  589 F.2d 394· 8th Cir.· 1979-01-16 ·cited 37×
  A stipulation by counsel to prior convictions, without the defendant's knowing and voluntary consent, is the functional equivalent of a guilty plea and violates due process.
• Breest v. Helgemoe
  579 F.2d 95· 1st Cir.· 1978-06-08 ·cited 37×
  The court held that the resentencing did not violate double jeopardy or ex post facto clauses, and the Fourth Amendment claim was procedurally barred.
• Epifanio G. Alvarez v. Estelle
  531 F.2d 1319· 5th Cir.· 1976-05-24 ·cited 37×
  A retrial after a successful appeal based on an insufficient indictment does not violate the Double Jeopardy Clause, and prosecutorial arguments, even if potentially improper, do not render a trial fundamentally unfair unless so prejudicial as to violate due process.
• Israel v. Odom
  521 F.2d 1370· 7th Cir.· 1975-07-28 ·cited 37×
  The court held that despite suggestive pretrial identification procedures, the victim's identification of the petitioner was sufficiently reliable to satisfy due process, and therefore, habeas corpus relief was not warranted.
• United States ex rel. Albert Curtis v. Hon. John Zelker
  466 F.2d 1092· 2d Cir.· 1972-07-17 ·cited 37×
  A guilty plea is not rendered involuntary by a defendant's mistaken subjective impressions, absent substantial objective proof that those impressions were reasonably justified.
• Hesselgesser v. Reilly
  440 F.2d 901· 9th Cir.· 1971-04-08 ·cited 37×
  A sheriff is liable under 42 U.S.C. § 1983 for a deputy's civil rights violation if state law imposes such liability, even if the deputy has civil service status. The sheriff's statutory duty to operate the jail creates an exception to the rule limiting liability for civil servic
• State v. Wooden
  246 So. 2d 755· Fla.· 1971-04-07 ·cited 37×
  The Florida Supreme Court affirmed a District Court decision granting Otis Wooden a delayed direct appeal after his court-appointed counsel refused to file an appeal. The Court clarified the proper procedural mechanism for raising claims of deprivation of direct appeal (habeas co
• Harrison v. Louie L. Wainwright
  243 So. 2d 427· Fla. 1st DCA· 1971-01-12 ·cited 37×
  George Harrison seeks habeas corpus relief and a new trial for his armed robbery conviction, claiming he was denied counsel at a critical preliminary hearing in violation of Coleman v. Alabama. The Florida appellate court holds that Coleman's right-to-counsel rule does not apply
• Cumbo v. Eyman
  409 F.2d 400· 9th Cir.· 1969-04-07 ·cited 37×
  The habeas corpus proceeding was rendered moot because the state conviction underlying the sentence had been reversed by the state appellate court.
• Williams v. Ira M. Coiner
  392 F.2d 210· 4th Cir.· 1968-03-06 ·cited 37×
  The court held that the prisoner is serving a recidivist sentence based on potentially unconstitutional prior convictions and that his indigence may have deprived him of his right to appeal.
• Kovacs v. Brewer
  356 U.S. 604· U.S.· 1958-05-26 ·cited 37×
  The Court held that it was advisable to remand the case to the North Carolina courts for clarification on the issue of changed circumstances, reserving constitutional questions.
• United States ex rel. Johnson v. Shaughnessy
  336 U.S. 806· U.S.· 1949-05-09 ·cited 37×
  The Court held that the appellate medical board's certificate was an inadequate basis for exclusion because it failed to show an independent medical examination as required by statute and regulations.
• State v. McCarthy
  122 Fla. 749· Fla.· 1936-02-01 ·cited 37×
  The Florida Supreme Court upheld the validity of a state licensing statute for coin-operated machines against a municipal ordinance prohibiting gambling devices. The court held that a municipality cannot prohibit an activity that the state legislature has expressly licensed and l
• Hamilton v. Collins
  114 Fla. 276· Fla.· 1934-03-17 ·cited 37×
  B. Hamilton, a bread salesman for a Jacksonville bakery, was arrested for selling bread wholesale in Quincy without a license. The Florida Supreme Court held that Quincy's discriminatory licensing ordinance—charging $10 to those with an established place of business in the city a
• Martin v. Karel
  106 Fla. 363· Fla.· 1932-08-03 ·cited 37×
  W.E. Martin, Orange County Tax Collector, was charged with embezzlement for retaining fee surpluses that should have been paid to the county under Chapter 11954. Martin sought habeas corpus relief, arguing the retained fees were not county property but personal earnings, making e
• Conahan v. State
  118 So. 3d 718· Fla.· 2013-03-21 ·cited 36×
  Daniel Conahan was convicted of first-degree murder and kidnapping in the 1996 death of Richard Montgomery. On postconviction appeal and habeas review, Conahan challenged his conviction and death sentence on multiple grounds, including ineffective assistance of counsel, prosecuto
• Swarthout v. Cooke
  562 U.S. 216· U.S.· 2011-01-24 ·cited 36×
• Muhammad v. Close
  540 U.S. 749· U.S.· 2004-02-25 ·cited 36×
  A prisoner's § 1983 action is not barred by Heck v. Humphrey if success would not implicitly question the validity of his conviction or the duration of his sentence.
• Amendment TO Fla. Rules OF Crim. Procedure Creating Rule 3.853 (DNA Testing). Amendment to Fla. Rules of App. Procedure 9.140 & 9.141
  807 So. 2d 633· Fla.· 2001-10-18 ·cited 36×
  The Florida Supreme Court adopted new Rule of Criminal Procedure 3.853 providing procedures for postconviction DNA testing and amended Rules of Appellate Procedure 9.140 and 9.141 to govern appeals from DNA testing orders. The Court modified the proposed rule to align with newly
• Eldridge v. Moore
  760 So. 2d 888· Fla.· 2000-04-13 ·cited 36×
  James Eldridge petitions for habeas corpus challenging the Department of Corrections' forfeiture of 2,573 days of gain time after his probation was revoked and he was resentenced to five years. The Florida Supreme Court holds that the Department has statutory authority to forfeit
• Bryan v. State
  748 So. 2d 1003· Fla.· 1999-10-26 ·cited 36×
  Anthony Braden Bryan, scheduled for execution, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas petition raising multiple claims of ineffective assistance of counsel, Brady violations, and other grounds. The Florida Supreme Court affirmed the trial c
• Pitts v. Cook
  923 F.2d 1568· 11th Cir.· 1991-02-21 ·cited 36×
  The novelty of a constitutional claim, if not reasonably available to counsel, can constitute cause to excuse a procedural default.