Habeas Corpus

18,806 Florida cases classified under this topic, plus 3,119 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Brooks v. Beto
  366 F.2d 1· 5th Cir.· 1966-07-29 ·cited 128×
  The concurring judge expresses disagreement with specific sections of the majority opinion regarding jury selection standards.
• McArthur Breedlove v. Singletary
  595 So. 2d 8· Fla.· 1992-01-23 ·cited 127×
  McArthur Breedlove, a death row inmate challenging his conviction and sentence for first-degree murder committed during a residential burglary, petitioned for habeas corpus and appealed the summary denial of his postconviction motion. The Florida Supreme Court denied most claims
• State ex rel. Charles B. Sparks v. Mrs. A. E. Reeves
  97 So. 2d 18· Fla.· 1957-09-18 ·cited 127×
  The court affirmed the denial of custody transfer, but without prejudice to the father to renew his application, emphasizing that continued demonstration of his capacity to care for the children should lead to recognition of his legal right.
• Darrian Bryant v. Ford
  967 F.3d 1272· 11th Cir.· 2020-08-03 ·cited 126×
  The Eleventh Circuit held that the district court abused its discretion by sua sponte dismissing a habeas petition as untimely without providing proper safeguards or using the correct operative date for calculating the statute of limitations.
• Bryant v. State
  901 So. 2d 810· Fla.· 2005-04-28 ·cited 126×
  Byron Bryant challenges a circuit court order striking his initial postconviction motion and, alternatively, denying his Rule 3.851 motion for postconviction relief. The Florida Supreme Court holds that the trial court abused its discretion by striking the motion without granting
• Pate v. Holman
  341 F.2d 764· 5th Cir.· 1965-02-16 ·cited 126×
  The court held that a prisoner is entitled to an evidentiary hearing to determine if indigency prevented him from obtaining appellate counsel after his trial attorney withdrew and he could not afford to hire another.
• Locklin v. Pridgeon
  158 Fla. 737· Fla.· 1947-04-18 ·cited 126×
  J.B. Locklin, a Florida Highway Patrol Officer indicted under Chapter 22761 (Acts of 1945) for unlawfully arresting Glenn Sapp without legal authorization, challenges the constitutionality of the statute. The Florida Supreme Court holds the statute unconstitutionally vague and vo
• Walls v. State
  926 So. 2d 1156· Fla.· 2006-02-09 ·cited 125×·via Writ Of Habeas Corpus
  Frank A. Walls, convicted of two murders and sentenced to death, appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus. The Florida Supreme Court affirms the trial court's denial of post-convicti
• McCLESKEY v. Kemp
  753 F.2d 877· 11th Cir.· 1985-01-29 ·cited 125×
• Bailey v. Van Pelt
  78 Fla. 337· Fla.· 1919-08-12 ·cited 125×
  Bailey was prosecuted for violating regulations requiring cattle dipping to prevent tick infestation, which were adopted by the Live Stock Sanitary Board after a county election approved compulsory tick eradication. On habeas corpus, Bailey challenged both the validity of the ele
• Robert v. Bruce
  483 F.2d 1031· 5th Cir.· 1973-09-06 ·cited 124×
• Bradley v. State
  33 So. 3d 664· Fla.· 2010-01-07 ·cited 123×
  Donald Bradley appeals the denial of his Rule 3.851 motion for postconviction relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for a 1995 murder-for-hire. The Florida Supreme Court affirms the denial of his postconviction
• Ira Nash, Jr. v. Estelle
  597 F.2d 513· 5th Cir.· 1979-06-21 ·cited 123×
  The court should vacate the order granting rehearing en banc as improvidently entered.
• Downs v. Moore
  801 So. 2d 906· Fla.· 2001-09-26 ·cited 122×
  Ernest Charles Downs petitioned for habeas corpus relief on grounds of ineffective assistance of appellate counsel, raising twelve claims. The Florida Supreme Court denied the petition, finding that appellate counsel was not deficient under Strickland standards because the claims
• Raley v. State
  675 So. 2d 170· Fla. 5th DCA· 1996-05-10 ·cited 122×
  Wayne Raley appealed a trial court's summary denial of his habeas corpus petition challenging his sexual battery sentence as illegal. The court affirmed the denial of habeas corpus relief and most of the Rule 3.800(a) post-conviction claims, but vacated the trial court's improper
• United States v. Malcolm
  432 F.2d 809· 2d Cir.· 1970-09-23 ·cited 122×
  A guilty plea induced by promises is void, but a prosecutor's promise to recommend leniency does not automatically invalidate a plea. A sentence based on materially untrue assumptions about a defendant's criminal record or cooperation violates due process.
• Durham Eldon Stokes v. Singletary
  952 F.2d 1567· 11th Cir.· 1992-01-27 ·cited 121×·via Habeas Corpus Review
  Durham Stokes was convicted of two murders and sentenced to death after confessing to police officers immediately following his initial court appearance, where counsel had been appointed. The Eleventh Circuit reversed and remanded for an evidentiary hearing, finding that the stat
• Diggs v. Welch
  148 F.2d 667· D.C. Cir.· 1945-02-26 ·cited 121×
• Kephart v. Hadi
  932 So. 2d 1086· Fla.· 2006-06-08 ·cited 120×
  The Florida Supreme Court held that probable cause petitions under the Jimmy Ryce Act for involuntary civil commitment of sexually violent predators must be supported by sworn proof, but such proof need not be provided by a mental health professional—the state attorney may swear
• Hildwin v. Dugger
  654 So. 2d 107· Fla.· 1995-01-19 ·cited 120×
  Paul Christopher Hildwin, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion and petitioned for habeas corpus relief. The Florida Supreme Court found that trial counsel was ineffective during the penalty phase for failing to investigate and presen
• Suarez v. Dugger
  527 So. 2d 190· Fla.· 1988-06-14 ·cited 120×
  Ernesto Suarez, under a death warrant for first-degree murder of a police officer, petitioned for habeas corpus and sought review of the trial court's denial of his motion to disqualify the trial judge and his Rule 3.850 motion to vacate judgment and sentence. The Florida Supreme
• Harich v. Dugger
  844 F.2d 1464· 11th Cir.· 1988-04-21 ·cited 120×
  The court affirmed the panel's holding that the claim was not procedurally barred, and reached the merits of the claim.
• Goodwin v. Balkcom
  684 F.2d 794· 11th Cir.· 1982-09-03 ·cited 120×
  The court held that the state trial court's capital sentencing instructions were constitutionally insufficient because they failed to adequately guide the jury on mitigating circumstances and the option to recommend against death. The court also found that the defendant was denie
• Calley v. Callaway
  519 F.2d 184· 5th Cir.· 1975-09-10 ·cited 120×
  The court held that federal courts have a limited scope of review for court-martial convictions, requiring claims to be of substantial constitutional dimension or fundamental legal error, and that the military courts had fairly considered Calley's claims.
• Brubaker v. Dickson
  310 F.2d 30· 9th Cir.· 1962-11-14 ·cited 120×
  The court held that the petitioner alleged sufficient facts to warrant a hearing on his claim of ineffective assistance of counsel, as the alleged failures to investigate and present defenses rendered his trial fundamentally unfair.
• Wright v. State
  857 So. 2d 861· Fla.· 2003-07-03 ·cited 119×
  Joel Dale Wright appeals the denial of his second motion for postconviction relief and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief and rejects Wright's habeas claims, finding procedural bars,
• Waldrup v. Dugger
  562 So. 2d 687· Fla.· 1990-06-21 ·cited 119×
  Florida inmate Donald Waldrup challenges the retroactive application of 1983 gain-time statute amendments that reduce his potential release date by up to eighteen months. The Florida Supreme Court holds that the amendments violate the Ex Post Facto Clause when applied to inmates
• Elledge v. Dugger
  823 F.2d 1439· 11th Cir.· 1987-07-20 ·cited 119×
  The court held that shackling a defendant at the sentencing phase of a bifurcated state trial, under specific circumstances including the defendant's status as a convicted violent felon and the absence of a defense request for a hearing, does not violate the Constitution.
• Norris v. United States
  687 F.2d 899· 7th Cir.· 1982-08-13 ·cited 119×
• Nollie Lee Martin v. Louie L. Wainwright
  770 F.2d 918· 11th Cir.· 1985-08-26 ·cited 118×·via Habeas Corpus Petition
  The court's precedent on general deterrence evidence in capital penalty phases is contradictory and creates an unfair advantage for the prosecution.
• United States v. Scott
  425 F.2d 55· 9th Cir.· 1970-03-06 ·cited 118×
  The court should exercise its discretion against applying the plain error rule when a defendant fails to object to a presumption instruction and their guilt is evident.
• Hayes v. Walker
  54 Fla. 163· Fla.· 1907-06-01 ·cited 117×
  Ed Hayes sought habeas corpus relief, challenging his detention under a Tampa municipal court judgment on the ground that the offense occurred outside Tampa's territorial limits. Hayes contended that two 1907 Florida statutes annexing the territory to Tampa were unconstitutional
• Smith v. Balkcom
  660 F.2d 573· 5th Cir.· 1981-11-02 ·cited 116×
  The court held that the exclusion of veniremen unequivocally opposed to the death penalty did not violate the Sixth and Fourteenth Amendments, and that Georgia's capital sentencing review procedures were constitutionally adequate.
• Holloway v. Clay E. McELROY
  632 F.2d 605· 5th Cir.· 1980-12-11 ·cited 115×
  The court held that the state impermissibly shifted the burden of persuasion on the issue of self-defense to the defendant, violating due process, and that the evidence was insufficient to support the conviction under the Jackson v. Virginia standard.
• Freeman v. Attorney Gen., State of Fla., Sec'y, Dept. of Corr.
  536 F.3d 1225· 11th Cir.· 2008-07-31 ·cited 114×
  John Freeman, a white defendant convicted of murdering two black victims, sought federal habeas relief under 28 U.S.C. § 2254, alleging that Florida prosecutors pursued a capital sentence against him based on his race and the victims' race in violation of the Eighth, Fourteenth,
• Rayfield Moore v. Fla. Parole & Prob. Comm'n
  289 So. 2d 719· Fla.· 1974-02-06 ·cited 114×
  The Florida Supreme Court held that while parole is discretionary, a parole commission must exercise that discretion properly and cannot consider convictions obtained in violation of the Sixth Amendment right to counsel. The Court rejected the argument that mandamus was an improp
• United States ex rel. Stephen F. Schonbrun v. Commanding Officer
  403 F.2d 371· 2d Cir.· 1968-11-07 ·cited 114×
  The court held that judicial review of the military's discretionary decision to deny a hardship exemption to a reservist is not available.
• Whitaker v. Parsons
  80 Fla. 352· Fla.· 1920-07-30 ·cited 114×
  The Florida Supreme Court reversed a habeas corpus discharge of G. F. Parsons, who was arrested under a state law requiring compulsory cattle tick eradication through dipping. The court upheld the constitutionality of Chapter 7345, Acts of 1917, rejecting arguments that the statu
• Jones v. State
  998 So. 2d 573· Fla.· 2008-12-23 ·cited 113×·via Writ Of Habeas Corpus
  Harry Jones was convicted of first-degree murder and sentenced to death for a 1991 killing. The Florida Supreme Court affirmed the trial court's denial of his Rule 3.850 postconviction motion and denied his habeas corpus petition, finding no Brady/Giglio violations, no prejudicia
• Knight v. State
  721 So. 2d 287· Fla.· 1998-11-12 ·cited 113×
  Thomas Knight appeals his death sentences imposed on resentencing for the 1974 murders of Sydney and Lillian Gans, following a federal court's remand under Hitchcock v. Dugger. The Florida Supreme Court affirmed the death sentences, finding sufficient evidence of aggravating fact
• Limmie West, III v. State OF La.
  478 F.2d 1026· 5th Cir.· 1973-05-01 ·cited 113×
• Ex parte Crews
  127 Fla. 381· Fla.· 1937-02-13 ·cited 113×
  John D. Crews sought habeas corpus relief after being convicted of criminal contempt of court for allegedly soliciting a bribe to influence a judicial decision. The Florida Supreme Court upheld the contempt conviction, holding that a State Attorney's information verified by affid
• Marzullo v. State OF Md.
  561 F.2d 540· 4th Cir.· 1977-09-02 ·cited 112×
  The court held that the 'farce and mockery' test for ineffective assistance of counsel is no longer acceptable and adopted the 'range of competence' standard from McMann v. Richardson.
• Hardwick v. Doolittle
  558 F.2d 292· 5th Cir.· 1977-08-29 ·cited 112×
  The court held that an injunction barring future habeas corpus petitions is improper, as res judicata does not apply to habeas proceedings and such injunctions risk violating the Suspension Clause. It also held that the defendant's retrial and resentencing did not violate double
• Ekberg v. United States
  167 F.2d 380· 1st Cir.· 1948-03-25 ·cited 112×
  The court held that the indictment's wording was sufficient to charge an offense, but the separate sentencing on count 1 was improper.
• Sylvester v. Young Tindall
  154 Fla. 663· Fla.· 1944-07-07 ·cited 112×
  Perry Sylvester challenges his detention by the Osceola County Sheriff based on charges of violating rules of the newly created Game and Fresh Water Fish Commission. The Florida Supreme Court affirmed the validity of the 1942 constitutional amendment establishing the Commission,
• Pye v. Warden, Georgia Diagnostic Prison
  50 F.4th 1025· 11th Cir.· 2022-10-04 ·cited 111×
  Willie James Pye, convicted of murder, kidnapping, rape, and robbery, challenged his death sentence on federal habeas review, arguing that his trial counsel rendered ineffective assistance during sentencing by failing to investigate and present mitigating evidence of his difficul
• Paez v. Sec'y, Fla. Dep't of Corr.
  947 F.3d 649· 11th Cir.· 2020-01-07 ·cited 111×
  A district court may sua sponte dismiss a habeas petition as untimely based on judicially noticed state court docket entries, provided the petitioner receives fair notice and an opportunity to be heard.
• Billiteri v. United States Bd. OF Parole & Members of the United States Bd. of Parole
  541 F.2d 938· 2d Cir.· 1976-08-30 ·cited 111×
  The court held that the district court lacked jurisdiction to conduct a de novo parole hearing and order release, and that the Parole Board could consider the full circumstances of the offense behavior, including information in the presentence report, even if not directly related
• Melendez v. Singletary
  644 So. 2d 983· Fla.· 1994-09-08 ·cited 110×·via Writ Of Habeas Corpus
  The Court denied the petition for a writ of habeas corpus, finding the claims of ineffective appellate counsel to be without merit.