Habeas Corpus

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

• Goodwin v. Cardwell
  432 F.2d 521· 6th Cir.· 1970-10-06 ·cited 35×
  The court held that the petitioner alleged facts which, if true, may have constituted a violation of his right to the effective assistance of counsel and was entitled to an evidentiary hearing.
• Procio Rivero Pilapil v. Immigr. & Naturalization Serv.
  424 F.2d 6· 10th Cir.· 1970-03-20 ·cited 35×
  The court held that it is not precluded from considering constitutional issues raised by an alien in a petition for review, even if not explicitly raised in the administrative record, and that a nonimmigrant student does not have a constitutional right to work without authorizati
• Horsley v. Simpson
  400 F.2d 708· 5th Cir.· 1968-09-16 ·cited 35×
  The court held that the district court erred in finding the appellant deliberately waived his right to appeal, and that he was denied his constitutional right to a direct appeal due to a mutual misunderstanding with counsel.
• United States ex rel. Philip Orlando v. FAY
  350 F.2d 967· 2d Cir.· 1965-09-23 ·cited 35×
  The court held that excluding the public, except for the press and bar, during a criminal trial was not a denial of due process when necessary to maintain order and prevent witness intimidation.
• Smith v. Heard
  315 F.2d 692· 5th Cir.· 1963-04-04 ·cited 35×
  The court held that the district court's findings of fact and conclusions of law were not clearly erroneous, and therefore, the denial of the petition for a writ of habeas corpus was affirmed.
• Kennedy v. Reid
  249 F.2d 492· D.C. Cir.· 1957-10-08 ·cited 35×
  The court held that the District Court had the authority to correct clerical errors in commitment papers to reflect the actual consecutive sentences pronounced, and that reversal was not required despite the prisoner's absence during the correction.
• Tabor v. Hardwick
  224 F.2d 526· 5th Cir.· 1955-07-22 ·cited 35×
  The court held that a prisoner's right to access courts for civil actions is not absolute and can be limited by prison discipline, and the complaint did not state a claim upon which relief could be granted.
• Sullivan v. State Ex Rel. McCrory
  49 So. 2d 794· Fla.· 1951-01-05 ·cited 35×
  The Florida Supreme Court reversed a lower court's decision to discharge a prisoner via habeas corpus. The court held that habeas corpus is not the proper mechanism to challenge the sufficiency of evidence supporting a criminal information filed in a competent court, especially w
• Ex parte Sullivan
  155 Fla. 111· Fla.· 1944-10-17 ·cited 35×
  In this habeas corpus proceeding, petitioner Sullivan sought to overturn his first-degree murder conviction and death sentence on the ground that one juror was disqualified as a deputy sheriff. The Florida Supreme Court denied the petition, holding that challenges for cause must
• Lockhart v. United States
  136 F.2d 122· 6th Cir.· 1943-06-04 ·cited 35×
  The court held that while the sentence was erroneous and subject to correction, the claim of not being informed of the charges was not properly before the court on a motion to vacate sentence.
• Barney Nash v. Vaughn
  133 Fla. 499· Fla.· 1938-07-18 ·cited 35×
  Barney Nash challenges his arrest for violating a St. Petersburg city ordinance prohibiting gill nets and other fishing methods in city waters. The Florida Supreme Court holds that municipalities lack inherent power to regulate fishing in public waters absent specific legislative
• Gandy v. Borras
  114 Fla. 503· Fla.· 1934-04-10 ·cited 35×
  The Florida Supreme Court upheld a state statute requiring licensing of movie machine operators in cities with 6,000+ inhabitants, rejecting constitutional challenges based on equal protection, due process, and improper appointment of the licensing board. The court held that regu
• Porter v. Porter
  60 Fla. 407· Fla.· 1910-06-01 ·cited 35×
  This case clarifies that the writ of habeas corpus, a common law remedy, can be used by a father to regain custody of his minor children from his wife. The court affirmed that statutes regulating habeas corpus do not preclude its use for determining child custody when a parent un
• Rimmer v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  876 F.3d 1039· 11th Cir.· 2017-11-15 ·cited 34×
  Robert Rimmer, a Florida death row inmate, appealed the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his convictions for two murders and related crimes committed during an armed robbery. Rimmer claimed the prosecution violated Brady v. Maryland by f
• Griffin v. State
  114 So. 3d 890· Fla.· 2013-05-16 ·cited 34×
  Michael Joseph Griffin, convicted of two counts of first-degree murder and sentenced to death, appealed his conviction and sentence, raising claims of ineffective assistance of counsel regarding his guilty plea and penalty phase, Brady violations, and sentence disparity. The Flor
• James v. Tucker
  75 So. 3d 231· Fla.· 2011-10-27 ·cited 34×
  The court held that the inmate's pro se petition was frivolous and that the clerk should reject future filings related to the specific case unless signed by an attorney.
• Johnson v. State
  44 So. 3d 198· Fla. 4th DCA· 2010-09-15 ·cited 34×
  The court held that the appellant's post-conviction petition and subsequent appeal were frivolous, abusive, and not brought in good faith, warranting referral for disciplinary procedures.
• Dusty Ray Spencer v. Sec'y, Dep't OF Corr., Attorney Gen., State Of Fla.
  609 F.3d 1170· 11th Cir.· 2010-06-22 ·cited 34×
  Dusty Ray Spencer, convicted of murdering his wife Karen and sentenced to death, appealed the denial of his federal habeas petition challenging his conviction on grounds of prosecutorial misconduct. Spencer alleged seven instances of prosecutorial misconduct, but five were proced
• Dorsett v. McRAY
  901 So. 2d 225· Fla. 3d DCA· 2005-04-13 ·cited 34×
  The court held that the trial court's use of "and/or" in jury instructions constituted fundamental error, implying the defendant could be convicted based solely on his codefendant's actions.
• State v. Donn A. Duncan
  894 So. 2d 817· Fla.· 2004-11-24 ·cited 34×
  Duncan, convicted of murdering his fiancée in 1990 and sentenced to death, appealed the trial court's grant of a new penalty phase based on ineffective assistance of counsel. The Florida Supreme Court affirmed, holding that penalty phase counsel was ineffective for failing to pre
• Dillbeck v. State
  882 So. 2d 969· Fla.· 2004-08-26 ·cited 34×
  Donald Dillbeck, a death row inmate, appeals the denial of his post-conviction motion for relief under Florida Rule of Criminal Procedure 3.850, raising claims of ineffective assistance of counsel. The Florida Supreme Court affirms the denial of his claim that counsel conceded gu
• Bresch v. Cal Henderson
  761 So. 2d 449· Fla. 2d DCA· 2000-06-02 ·cited 34×
  David Bresch petitioned for habeas corpus after being incarcerated for civil contempt for failure to pay child support pursuant to a domestic violence protection order. The Florida appellate court granted the petition and vacated the contempt order, finding the trial court violat
• Acencion Medrano v. State
  748 So. 2d 986· Fla.· 1999-10-14 ·cited 34×
  The Florida Supreme Court answered a certified question of great public importance: whether a defendant is entitled to file a belated Rule 3.850 collateral relief motion if he can prove his privately-retained counsel agreed to file a timely motion but failed to do so. The Court h
• Scalf v. Singletary
  589 So. 2d 986· Fla. 2d DCA· 1991-11-13 ·cited 34×
  Scalf petitioned for habeas corpus seeking belated appellate review of a circuit court order denying postconviction relief, claiming he and his attorney never received notice of the order. The Florida Second District Court of Appeal granted the petition, holding that despite rece
• Smith v. McCORMICK
  914 F.2d 1153· 9th Cir.· 1990-09-07 ·cited 34×
  The court held that the defendant was not entitled to an independent adversarial psychiatrist at sentencing because he did not properly request one, and the Montana courts did not err in applying the death penalty statute.
• Thomas v. State OF Ind.
  910 F.2d 1413· 7th Cir.· 1990-08-15 ·cited 34×
  The admission of a defendant's post-Miranda silence as evidence of sanity violates due process, and this rule applies retroactively to cases on collateral review if it was dictated by prior precedent.
• Agan v. Dugger
  835 F.2d 1337· 11th Cir.· 1987-12-30 ·cited 34×
  The court held that the inmate's claims of incompetence and ineffective assistance of counsel warranted an evidentiary hearing, which had not been provided by the state court.
• Davis v. Kemp
  829 F.2d 1522· 11th Cir.· 1987-09-30 ·cited 34×
  The court held that the district court did not abuse its discretion in considering a successive habeas petition and that the prosecutor's closing arguments did not render the sentencing fundamentally unfair. The court also found sufficient evidence for the rape conviction and rej
• Spradley v. Dugger
  825 F.2d 1566· 11th Cir.· 1987-08-31 ·cited 34×
  The court held that a district court cannot dismiss a habeas petition sua sponte for abuse of the writ without providing the petitioner notice and an opportunity to respond.
• Stevie Cole v. Young
  817 F.2d 412· 7th Cir.· 1987-04-28 ·cited 34×
  A federal court cannot hold that a state court misunderstood state law, as state courts' interpretations define state law for federal purposes. A failure to follow state law does not automatically violate the Constitution.
• Oliver v. Louie L. Wainwright and Jim Smith
  795 F.2d 1524· 11th Cir.· 1986-08-11 ·cited 34×
  The court held that the petitioner's claims of ineffective assistance of counsel and prosecutorial misconduct lacked merit, affirming the denial of his habeas corpus petition.
• Thomas v. Kemp
  796 F.2d 1322· 11th Cir.· 1986-07-28 ·cited 34×
  The court held that the district court properly granted habeas corpus relief based on ineffective assistance of counsel at the sentencing phase due to failure to present mitigating evidence.
• Johnson v. Duckworth
  793 F.2d 898· 7th Cir.· 1986-06-19 ·cited 34×
  An attorney's decision to reject a plea agreement, made in consultation with the client's parents and based on the client's confused mental state, does not constitute ineffective assistance of counsel, even if the client was not the ultimate decision-maker.
• Messer v. Kemp
  760 F.2d 1080· 11th Cir.· 1985-04-30 ·cited 34×
  The dissenting judge would have reversed the district court's decision and remanded for a new sentencing hearing, finding ineffective assistance of counsel.
• Raulerson v. Louie L. Wainwright
  753 F.2d 869· 11th Cir.· 1985-01-28 ·cited 34×
  The court affirmed the district court's denial of the habeas corpus petition, finding the claims were successive and lacked merit, but granted a brief stay of execution to allow for a petition to the Supreme Court.
• Hitchcock v. Louie L. Wainwright
  745 F.2d 1332· 11th Cir.· 1984-10-18 ·cited 34×
  The court held that the petitioner's counsel's belief about the limitations on mitigating evidence was reasonable at the time, and the petitioner was not denied an individualized sentencing hearing. The court also held that the death sentence was not imposed as punishment for ref
• Sevier v. Turner
  742 F.2d 262· 6th Cir.· 1984-08-08 ·cited 34×
  The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
• Drake v. Francis
  727 F.2d 990· 11th Cir.· 1984-02-29 ·cited 34×
• Roth v. United States Parole Comm'n
  724 F.2d 836· 9th Cir.· 1984-01-26 ·cited 34×
  The court held that Parole Commission guidelines are not 'laws' for ex post facto clause purposes, but remanded for clarification on whether the Commission abused its discretion, potentially as a due process violation.
• Brown-Bey v. United States
  720 F.2d 467· 7th Cir.· 1983-11-01 ·cited 34×
  The court held that the district court's dismissal of the appellant's claims was proper, as the Privacy Act claim failed because only agencies, not individuals, can be sued, and the other claims lacked merit or were not cognizable federal claims.
• McKINNIS v. Lt. James Mosely
  693 F.2d 1054· 11th Cir.· 1982-12-13 ·cited 34×
  The court held that while the prisoner's claim was properly brought under § 1983, it failed to state a claim upon which relief could be granted because it did not present an identifiable federal or constitutional issue.
• Cramer v. Fahner
  683 F.2d 1376· 7th Cir.· 1982-06-30 ·cited 34×
  The court held that replaying tapes for the jury during deliberations, after initially denying their request, prejudiced the petitioner and violated his constitutional right to a fair trial.
• Eutues White v. Finkbeiner
  687 F.2d 885· 7th Cir.· 1982-03-26 ·cited 34×
  The court is compelled to concur in directing the writ to issue, finding no indication that the defendant initiated contact with officers after requesting counsel.
• Jinks Adkins, Jr. v. Bordenkircher
  674 F.2d 279· 4th Cir.· 1982-03-24 ·cited 34×
  The court held that the alibi instruction unconstitutionally shifted the burden of persuasion, but the double jeopardy claim was barred because the defendant's own motion necessitated the mistrial, and the failure to transcribe a hearing did not violate due process.
• Knapp v. Cardwell
  667 F.2d 1253· 9th Cir.· 1982-01-19 ·cited 34×
  The court held that findings of non-existence of certain aggravating circumstances at an initial sentencing hearing, if based on evidence similar to that supporting a conviction, function as acquittals for double jeopardy purposes and cannot be revisited on resentencing.
• Angeles Ramonita Garcia v. Neagle
  660 F.2d 983· 4th Cir.· 1981-09-21 ·cited 34×
  The court held that the district court exceeded its powers by reviewing the Parole Commission's determination for abuse of discretion and that the Commission did not violate its statutory mandate in promulgating or applying its parole guidelines.
• Rodriguez-Fernandez v. Wilkinson
  654 F.2d 1382· 10th Cir.· 1981-07-09 ·cited 34×
  The dissenting judge believes the trial court erred in ordering the release of an excludable alien, finding no abuse of discretion by the Attorney General in ordering detention.
• Domaingue v. Butterworth
  641 F.2d 8· 1st Cir.· 1981-02-12 ·cited 34×
  The court held that the petitioner had not exhausted state remedies for his broad claim of ineffective assistance of counsel at the time he filed his federal habeas corpus petition.
• Ross v. Detective Meagan
  638 F.2d 646· 3d Cir.· 1981-01-16 ·cited 34×
  The court held that the district court abused its discretion in refusing to permit amendment of the pro se complaint against the detective and former governor, but affirmed the dismissal as to other defendants.
• Magnolia Ross v. Heyne
  638 F.2d 979· 7th Cir.· 1980-12-10 ·cited 34×
  The court held that a defendant is denied due process when the state fails to correct false testimony, even if the defendant's counsel knew of the falsity and failed to correct it due to a conflict of interest. The court also held that the defendant was denied effective assistanc