Habeas Corpus

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

• Lavere Redfield v. United States
  315 F.2d 76· 9th Cir.· 1963-03-06 ·cited 34×
  The court held that the defendant's privilege against self-incrimination was not violated, and that filing separate income tax returns for community income constituted separate offenses. Habeas corpus was also denied as the defendant had not shown the statutory remedy to be inade
• Turner v. State OF Md.
  303 F.2d 507· 4th Cir.· 1962-05-18 ·cited 34×
  The court held that the District Court erred in denying the petition for a writ of habeas corpus without a hearing, as the allegations of ineffective assistance of counsel, if true, present a substantial constitutional issue.
• Reynolds v. Cochran
  138 So. 2d 500· Fla.· 1962-02-21 ·cited 34×
  The Florida Supreme Court held that a trial court lacks power to impose enhanced habitual offender sentences under Florida's recidivist statutes once a defendant has fully completed his sentence for the predicate offense and been discharged from custody. Reynolds was convicted of
• Birchfield v. United States
  296 F.2d 120· 5th Cir.· 1961-11-17 ·cited 34×
  The court held that habeas corpus was not the proper remedy for the petitioner's claims regarding counsel's alleged conflict of interest, as a motion under 28 U.S.C.A. § 2255 was available and adequate.
• Washington v. Hagan
  287 F.2d 332· 3d Cir.· 1960-12-20 ·cited 34×
  A parolee is not entitled to counsel at a parole revocation hearing, as this is a disciplinary matter left to the discretion of the parole board.
• Schlette v. People OF the State OF Cal.
  284 F.2d 827· 9th Cir.· 1960-12-01 ·cited 34×
• Clark v. State of Fla. ex rel. Kate Rubin
  122 So. 2d 807· Fla. 3d DCA· 1960-09-12 ·cited 34×
  The Florida District Court of Appeal reversed a circuit court's discharge of a patient from psychiatric hospitalization, holding that the circuit court lacked jurisdiction to review the propriety of a county judge's commitment order on habeas corpus. The decision clarifies that h
• Loum v. Honorable Mell G. Underwood
  262 F.2d 866· 6th Cir.· 1959-02-04 ·cited 34×
  The court held that the application for a writ of mandamus to compel the district judge to grant leave to proceed in forma pauperis was without merit and therefore denied.
• MacKENNA v. Ellis
  263 F.2d 35· 5th Cir.· 1959-01-16 ·cited 34×
  The majority opinion, which the dissenting judge disagrees with, found that two claims presented grounds for habeas corpus relief.
• Jackson v. Taylor
  353 U.S. 569· U.S.· 1957-06-03 ·cited 34×
  The Army board of review had the authority under Article 66(c) of the Uniform Code of Military Justice to modify the sentence by affirming only the part it found correct in law and fact.
• United States ex rel. George Atterbury v. Ragen
  237 F.2d 953· 7th Cir.· 1956-11-06 ·cited 34×
  The court affirmed the dismissal of the complaint, finding it failed to state a cause of action under the Fourteenth Amendment and relevant Civil Rights statutes.
• United States ex rel. Leguillou v. Davis
  212 F.2d 681· 3d Cir.· 1954-05-14 ·cited 34×
  A circuit judge cannot entertain a habeas corpus petition under 28 U.S.C. § 2241 if the prisoner is eligible for relief under 28 U.S.C. § 2255, as § 2255 provides the exclusive remedy unless it is shown to be inadequate or ineffective.
• Edelman v. California
  344 U.S. 357· U.S.· 1953-01-12 ·cited 34×
• Williams v. Steele
  194 F.2d 32· 8th Cir.· 1952-02-05 ·cited 34×
  Federal courts cannot supervise or interfere with the discipline of federal prisoners through habeas corpus proceedings; their power is limited to determining the legality of detention.
• Willis v. Hunter
  166 F.2d 721· 10th Cir.· 1948-03-10 ·cited 34×
  The court held that the petitioner was not denied effective assistance of counsel, as his attorney's written submission on mitigation was an effective substitute for physical presence at sentencing, and the petitioner implicitly waived his right to have counsel present.
• Hood v. United States
  152 F.2d 431· 8th Cir.· 1946-01-03 ·cited 34×
  The court held that the denial of the motion to vacate sentences was proper because the appellants' contentions had been previously adjudicated in habeas corpus proceedings and were without merit.
• State v. Coleman
  131 Fla. 892· Fla.· 1938-04-04 ·cited 34×
  The Florida Supreme Court held that a municipal commissioner cannot be prosecuted under the state's bribery statute because the statute applies only to "executive, legislative or judicial officers," a phrase that does not include municipal officers under Florida law. The Court di
• State v. Clark
  121 Fla. 161· Fla.· 1935-10-05 ·cited 34×
  James Huston challenges his extradition to Ohio on the grounds that the affidavit supporting the requisition is insufficient to charge him with a crime. The Florida Supreme Court reverses the lower court's habeas corpus decision, holding that the affidavit fails to meet federal e
• State v. Cook
  108 Fla. 157· Fla.· 1933-01-31 ·cited 34×
  The Florida Supreme Court held that documentary stamp taxes under Chapter 15787, Laws of Florida (1931) apply to assignments of wages regardless of the amount assigned, requiring a minimum tax of ten cents even when the wage assignment is less than $100. The court rejected the pe
• State v. Hand
  96 Fla. 799· Fla.· 1928-12-17 ·cited 34×
  Eugene Oglesby was convicted of unlawfully attempting to take fresh water fish using a drag-seine in violation of a 1927 Florida statute. The Florida Supreme Court upheld the conviction, rejecting Oglesby's constitutional challenge that the statute's title failed to express all s
• Percival A. Witt v. Husband
  84 Fla. 201· Fla.· 1922-08-11 ·cited 34×
  This case concerns the custody of two young children. The court affirmed a lower court's decision to grant custody to the maternal grandmother, prioritizing the children's welfare over the father's legal right to custody.
• The State of Fla. ex rel. J. D. Myers v. Allen
  83 Fla. 655· Fla.· 1922-05-19 ·cited 34×
  The Florida Supreme Court affirmed an extradition order requiring Myers (also known as M.D. Joseph) to be surrendered to Utah to stand trial for embezzlement, obtaining money by false pretenses, and grand larceny. The court rejected challenges to the affidavit's form, the chargin
• Salmeron-Salmeron v. Warden Bill Spivey
  926 F.3d 1283· 11th Cir.· 2019-06-13 ·cited 33×
  The court held that the improper inclusion of irrelevant documents in the administrative record and its subsequent supplementation were harmless errors, and that USCIS's decision not to exercise jurisdiction over the asylum claim was rational and not arbitrary or capricious.
• Foster v. Chatman
  136 S. Ct. 1737· U.S.· 2016-05-23 ·cited 33×
  Timothy Foster was convicted of capital murder and sentenced to death after the prosecution used nine of its ten peremptory strikes to remove all four qualified Black prospective jurors from the jury. The Supreme Court held that the prosecution's strikes violated the Batson rule
• Davis v. Ayala.
  135 S. Ct. 2187· U.S.· 2015-06-18 ·cited 33×
  The Supreme Court reversed the Ninth Circuit's decision granting habeas corpus relief to Hector Ayala, who challenged his death sentence based on the trial judge's decision to hear the prosecution's explanations for its peremptory jury challenges outside the presence of the defen
• Johnston v. State
  70 So. 3d 472· Fla.· 2011-04-28 ·cited 33×
  Ray Lamar Johnston appeals the trial court's denial of his motion for postconviction relief from his conviction and death sentence for first-degree murder. The Florida Supreme Court affirms the denial, rejecting Johnston's ineffective assistance of counsel claims and his habeas p
• Minor v. State
  963 So. 2d 797· Fla. 3d DCA· 2007-07-25 ·cited 33×
  Herman Minor, a prisoner serving a sentence for manslaughter and firearms possession since 1994, appealed the denial of his habeas corpus petition after filing his tenth post-conviction motion. The court affirmed the denial and prohibited Minor from filing further pro se appeals
• Mathis v. Fla. Parole Comm'n
  944 So. 2d 1182· Fla. 1st DCA· 2006-12-15 ·cited 33×
  Mathis challenged the revocation of his parole following a trespass conviction, seeking certiorari review of a habeas corpus denial. The court held that parole revocation requires a hearing officer's explicit factual finding that violations were willful, and because the record wa
• Evans v. Chavis
  546 U.S. 189· U.S.· 2006-01-10 ·cited 33×
  A state prisoner's federal habeas petition is not timely if the delay in filing a state collateral review petition, even under California's 'reasonable time' standard, is unjustified and unreasonable.
• Bell v. Cone
  543 U.S. 447· U.S.· 2005-01-24 ·cited 33×
  The Sixth Circuit erred in granting habeas corpus because the Tennessee Supreme Court's decision affirming the death sentence was not contrary to clearly established federal law, as it applied a constitutionally sufficient narrowing construction to the 'especially heinous, atroci
• Smith v. Texas
  543 U.S. 37· U.S.· 2004-11-15 ·cited 33×
  The Supreme Court held that the "nullification instruction" provided to the jury was constitutionally inadequate because it did not allow the jury to give full consideration and effect to mitigating circumstances. The Court found that the instruction created an unconstitutional d
• Nixon v. State
  857 So. 2d 172· Fla.· 2003-07-10 ·cited 33×
  Joe Elton Nixon, a death row inmate, appealed the denial of postconviction relief based on his trial counsel's admission of his guilt without his explicit consent. The Florida Supreme Court reversed and remanded for a new trial, holding that silent acquiescence to a counsel's str
• Duncan Peder McKENZIE, Jr. v. Risley
  842 F.2d 1525· 9th Cir.· 1988-03-10 ·cited 33×
  The court held that the jury instructions were so fundamentally flawed and riddled with constitutional errors that they rendered the trial fundamentally unfair, making harmless error analysis inappropriate.
• Sheley v. Dugger
  833 F.2d 1420· 11th Cir.· 1987-11-20 ·cited 33×
  The court held that the record was insufficient to address the appellant's claims regarding his prolonged confinement in close management, necessitating an evidentiary hearing.
• Moore v. Kemp
  824 F.2d 847· 11th Cir.· 1987-07-27 ·cited 33×
  The court should affirm the district court's judgment dismissing the petition.
• Martinelli v. Dugger
  817 F.2d 1499· 11th Cir.· 1987-06-01 ·cited 33×
  Prison grooming and dietary regulations are rationally related to substantial government interests and are not unconstitutional infringements on inmate religious freedom when balanced against penological objectives. The medical exemption for beards is not a less restrictive alter
• Green v. ARN
  809 F.2d 1257· 6th Cir.· 1987-01-27 ·cited 33×
  The court's new rule, mandating automatic habeas corpus relief for any absence of criminal defense counsel, is not required by precedent and is not sensible policy.
• Allen v. State OF Ala.
  728 F.2d 1384· 11th Cir.· 1984-04-02 ·cited 33×
  The court held that a federal district court must grant an evidentiary hearing to a habeas applicant when the merits of the factual dispute were not resolved in the state hearing, and the state factual determination is not fairly supported by the record.
• United States v. Angeles Ramonita Garcia
  698 F.2d 31· 1st Cir.· 1983-01-17 ·cited 33×
  The court held that the government breached the plea agreement by failing to make a recommendation for probation, but affirmed the denial of the Rule 11 and ineffective assistance of counsel claims.
• Rogers v. McMULLEN
  673 F.2d 1185· 11th Cir.· 1982-04-19 ·cited 33×
  A habeas petitioner is entitled to relief only upon a showing that a juror was actually biased or incompetent, not merely that the juror was statutorily disqualified or underage.
• Henry v. Louie L. Wainwright
  661 F.2d 56· 5th Cir.· 1981-11-12 ·cited 33×
  Allowing a jury in a capital case to consider nonstatutory aggravating factors in sentencing is a constitutional error that warrants a writ of habeas corpus.
• Escobedo v. Estelle
  655 F.2d 613· 5th Cir.· 1981-09-08 ·cited 33×
  A habeas petitioner does not meet the statutory 'in custody' requirement if they are no longer in custody for the attacked conviction or a demonstrably related conviction at the time of filing, even if they were previously.
• Perez v. Louie L. Wainwright
  640 F.2d 596· 5th Cir.· 1981-03-23 ·cited 33×
  The failure of retained counsel to file a promised appeal constitutes a Sixth Amendment violation, entitling the defendant to an out-of-time appeal.
• Rosado v. Civiletti
  621 F.2d 1179· 2d Cir.· 1980-04-23 ·cited 33×
  The court held that while federal courts have jurisdiction to hear due process claims of prisoners, the petitioners are estopped from challenging their convictions due to their voluntary consent to transfer under a treaty, despite the coercive circumstances in Mexico.
• DYE v. United States Parole Comm'n
  558 F.2d 1376· 10th Cir.· 1977-08-02 ·cited 33×
  The court held that the Parole Board's denial of parole was not arbitrary and capricious, and the district court correctly denied the habeas corpus petition.
• Petition of Lloyd Clifton for a Writ of Habeas Corpus v. COX
  549 F.2d 722· 9th Cir.· 1977-03-04 ·cited 33×
  The dissenting judge would reverse the lower court's decision, arguing that the federal agent's actions were not authorized by federal law due to explicit Bureau regulations.
• Caver v. State OF Ala.
  537 F.2d 1333· 5th Cir.· 1976-09-02 ·cited 33×
  The court held that a state prisoner can no longer collaterally attack a conviction based on a Fourth Amendment violation in a federal habeas proceeding unless they show the state failed to provide a full and fair opportunity to litigate the claim. The court also found the lineup
• United States ex rel. Walter Paul McGOUGH v. Hewitt
  528 F.2d 339· 3d Cir.· 1975-12-18 ·cited 33×
  A psychiatric report raising substantial questions about a defendant's mental soundness requires an evidentiary hearing to determine competency before accepting a guilty plea or proceeding to trial.
• Mason v. State OF Ariz.
  504 F.2d 1345· 9th Cir.· 1974-10-03 ·cited 33×
  The court held that the denial of investigative funds did not violate due process or equal protection because the defendant failed to demonstrate substantial prejudice by clear and convincing evidence.
• Shuler v. Louie L. Wainwright
  491 F.2d 1213· 5th Cir.· 1974-03-27 ·cited 33×
  The court held that the district court erred in granting habeas corpus relief based on the alleged faking of footprint casts, as the state court's findings were supported by substantial evidence. The court also found that the failure to voluntarily disclose the victim's statement