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

• Jones v. W.J. Estelle, Jr.
  722 F.2d 159· 5th Cir.· 1983-12-23 ·cited 110×
  The court held that a prisoner with a fifth-grade education, represented by counsel in a prior habeas corpus proceeding, did not abuse the writ by failing to raise new grounds, as the evidence showed his attorney's representation was minimal and the prisoner did not intentionally
• Gray v. Lucas
  677 F.2d 1086· 5th Cir.· 1982-06-10 ·cited 110×
  The court held that the defendant's counsel provided effective assistance and that the state court's record was adequate for review, thus denying the petition for habeas corpus.
• Guice v. Fortenberry
  661 F.2d 496· 5th Cir.· 1981-11-18 ·cited 110×
  The court held that statistical analysis is not appropriate for determining discrimination in a deliberate selection process, unlike random selection.
• Raleigh Porter v. Louie L. Wainwright
  805 F.2d 930· 11th Cir.· 1986-11-17 ·cited 109×
  The court held that the petitioner failed to allege sufficient facts to warrant an evidentiary hearing on claims of ineffective assistance of counsel due to tactical decisions and potential conflict of interest.
• Guerro v. Mulhearn
  498 F.2d 1249· 1st Cir.· 1974-06-24 ·cited 109×
  A federal court must stay its hand in a section 1983 damage action if disposition would involve ruling on the legality of a state conviction during pending state proceedings, but not every related action requires exhaustion.
• Bishop v. United States
  223 F.2d 582· D.C. Cir.· 1955-02-18 ·cited 109×
  The court held that the trial court's determination of mental competency to stand trial, made without adequate supporting findings of fact, was erroneous and required reversal and remand.
• Carroll v. State
  815 So. 2d 601· Fla.· 2002-03-07 ·cited 108×
  Elmer Leon Carroll, a death row inmate, appealed the denial of his Rule 3.850 motion for postconviction relief and petitioned for habeas corpus, raising claims of ineffective assistance of trial and appellate counsel, Brady violations, and mental incompetency. The Florida Supreme
• Brown v. Louie L. Wainwright
  392 So. 2d 1327· Fla.· 1981-01-15 ·cited 108×·via Writ Of Habeas Corpus
  Joseph Green Brown and 122 other death row inmates filed a consolidated habeas corpus petition challenging the Florida Supreme Court's consideration of non-record documents in capital sentencing review. The court rejected the joinder of petitions, held that its appellate review f
• Houston v. Estelle
  569 F.2d 372· 5th Cir.· 1978-03-13 ·cited 108×·via Federal Habeas Corpus
  The court held that prosecutorial arguments implying the defendant sold heroin, when he was only convicted of possession, were so inflammatory and prejudicial as to violate due process, even with curative instructions.
• Fulford v. Klein
  529 F.2d 377· 5th Cir.· 1976-03-25 ·cited 108×
• Skipper v. Doyle Schumacher
  124 Fla. 384· Fla.· 1936-05-28 ·cited 108×
  C.A. Skipper petitioned for habeas corpus challenging his conviction for embezzlement and conversion of bank funds, alleging that his conviction was procured by fraud and intimidation of the key witness by members of the grand jury. The Florida Supreme Court held that habeas corp
• Pompey v. Cochran
  685 So. 2d 1007· Fla. 4th DCA· 1997-01-08 ·cited 107×
  Pompey was incarcerated for civil contempt based on nonpayment of child support without any evidentiary showing that he possessed the ability to pay the purge amount set by the court. The Fourth District Court of Appeal granted habeas corpus relief, holding that the trial court's
• Hardwick v. Dugger
  648 So. 2d 100· Fla.· 1994-09-08 ·cited 107×
  John Gary Hardwick, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding most claims procedurally barred and rejecting
• Smith v. Resor
  406 F.2d 141· 2d Cir.· 1969-01-13 ·cited 107×
  A federal court may review military decisions to call a reservist for active duty if the reservist's procedural rights under statutes and regulations were violated, causing substantial prejudice.
• J.B. Parker v. Dugger
  550 So. 2d 459· Fla.· 1989-10-25 ·cited 106×·via Writ Of Habeas Corpus
  J.B. Parker, a death row inmate, petitioned for a writ of habeas corpus and appealed the denial of his second postconviction relief motion under Florida Rule 3.850, raising eleven issues including claims about sentencing findings, jury composition, prosecutorial misconduct, and v
• Brown v. Louie L. Wainwright
  665 F.2d 607· 5th Cir.· 1982-01-11 ·cited 106×
  The court held that a defendant's right to self-representation, once asserted, cannot be deemed waived without a direct, knowing, and intelligent colloquy between the judge and the defendant.
• Peters v. Rutledge
  397 F.2d 731· 5th Cir.· 1968-06-06 ·cited 106×
  The court held that while the arrest and seizure were constitutional, other claims raised by the appellant must first be presented to the Georgia state courts under their new habeas corpus act before federal review.
• Toussaint v. McCARTHY
  801 F.2d 1080· 9th Cir.· 1986-09-30 ·cited 105×
  The court held that the district court assumed too much control over prison affairs, requiring modification of the permanent injunction to ensure it is no broader than necessary to remedy constitutional violations.
• United States v. Thoresen
  428 F.2d 654· 9th Cir.· 1970-06-08 ·cited 105×
  The court, in a concurring opinion, expresses concern over the prosecution's failure to allow transcription of grand jury proceedings, suggesting a future right to such transcripts for defendants.
• Blake v. Kemp
  758 F.2d 523· 11th Cir.· 1985-03-29 ·cited 104×
  A court of appeals lacks authority to review a district court order granting a writ of habeas corpus unless that order finally disposes of all claims presented by the petitioner.
• Spivey v. Zant
  661 F.2d 464· 5th Cir.· 1981-11-16 ·cited 104×
  The court held that the jury instructions on capital sentencing were constitutionally inadequate because they failed to clearly instruct the jury on mitigating circumstances and the option to recommend against death. The court also held that the district court erred in denying an
• Grundler v. State OF N.C.
  283 F.2d 798· 4th Cir.· 1960-11-11 ·cited 104×
  The court held that the District Court did not err in denying a habeas corpus petition without a hearing, as the state court proceedings demonstrated no deprivation of federal constitutional rights.
• Ex-Parte E. W. Bailey
  39 Fla. 734· Fla.· 1897-06-01 ·cited 104×
  The Florida Supreme Court reversed a lower court's decision to remand a petitioner to custody, finding that the petitioner's actions did not violate the statute under which he was charged. The court emphasized strict construction of penal statutes and found the petitioner's act o
• McCarthan v. Dir. OF Goodwill Industries-Suncoast, Inc.
  851 F.3d 1076· 11th Cir.· 2017-03-14 ·cited 103×
  The "saving clause" of 28 U.S.C. § 2255(e) allows a federal prisoner to seek habeas corpus relief under 28 U.S.C. § 2241 if the remedy by motion under § 2255 is inadequate or ineffective to test the legality of detention. This inadequacy must be assessed at the time the § 2241 pe
• Durwin D. Dunenas v. Moore
  762 So. 2d 1007· Fla. 3d DCA· 2000-07-12 ·cited 103×·via Writ Of Habeas Corpus
  Durwin Dunenas appealed the denial of his habeas corpus petition seeking post-conviction relief based on a claim that his sentence was illegal because it was imposed under the unconstitutional 1995 sentencing guidelines. The Florida District Court of Appeal affirmed the denial, h
• Rivera v. State
  728 So. 2d 1165· Fla.· 1998-12-10 ·cited 103×·via Writ Of Habeas Corpus
  The Florida Supreme Court imposed sanctions on Vincent Faustino Rivera, an inmate serving a life sentence, barring him from filing further frivolous or procedurally barred petitions after he had filed over twenty petitions to the Court attempting to relitigate issues already deci
• Abron Scott v. Dugger
  604 So. 2d 465· Fla.· 1992-07-23 ·cited 103×
  Abron Scott appeals the denial of his Rule 3.850 motion to vacate his death sentence for first-degree murder, robbery, and kidnapping. The Florida Supreme Court holds that when equally culpable codefendants receive disparate sentences (one death, one life), the death sentence is
• Thomas v. Zant
  697 F.2d 977· 11th Cir.· 1983-02-10 ·cited 103×·via Federal Habeas Corpus
• Davis v. State
  928 So. 2d 1089· Fla.· 2005-10-20 ·cited 102×
  Mark Allen Davis appeals the denial of his rule 3.850 postconviction motion and petitions for habeas corpus relief following his 1987 conviction for first-degree murder, robbery, and grand theft in the killing of Orville Landis. The Florida Supreme Court affirms the denial of pos
• State v. Lewis
  838 So. 2d 1102· Fla.· 2002-12-12 ·cited 102×·via Writ Of Habeas Corpus
  Lawrence Lewis was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that trial counsel was ineffective during the penalty phase by failing to adequately investigate and prepare mitig
• Hunter v. State
  817 So. 2d 786· Fla.· 2002-04-04 ·cited 102×·via Writ Of Habeas Corpus
  James Eugene Hunter, convicted of first-degree murder and other crimes and sentenced to death, appealed the denial of his postconviction motion for relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the hab
• Branan v. Booth
  861 F.2d 1507· 11th Cir.· 1988-12-20 ·cited 102×
  Federal courts cannot grant habeas relief for issues solely based on state law, even if framed as federal constitutional claims.
• Weygandt v. Ducharme
  774 F.2d 1491· 9th Cir.· 1985-10-30 ·cited 102×·via Habeas Corpus Relief
  The court held that the petitioner's counsel's failure to object to prosecutor's remarks, while an error, did not prejudice the petitioner given the overwhelming evidence of guilt, thus not violating the Sixth Amendment right to effective assistance of counsel.
• Wilson v. Sandstrom
  317 So. 2d 732· Fla.· 1975-07-21 ·cited 102×
  Greyhound kennel owners were incarcerated for civil contempt after refusing to comply with a temporary mandatory injunction requiring them to supply racing greyhounds to a track operator. The Florida Supreme Court upheld the injunction and contempt convictions, holding that a tem
• United States ex rel. Robert Phipps v. Foulette
  428 F.2d 912· 2d Cir.· 1970-05-27 ·cited 102×·via Federal Habeas Corpus
  The court held that the state court's finding that the suggestive station-house identification did not taint the subsequent in-court identification was supported by the record and binding on federal habeas review.
• Labat v. Bennett
  365 F.2d 698· 5th Cir.· 1966-08-15 ·cited 102×
  The dissenting judge argues that the majority opinion failed to address the central issue of deliberate and intentional exclusion of Negroes from petit jury panels, instead focusing on unrelated matters. The dissent contends that the evidence, including a stipulation and testimon
• Barrett v. Hunter
  180 F.2d 510· 10th Cir.· 1950-02-14 ·cited 102×
  The dissenting judge believes that 28 U.S.C. § 2255 is not always a prerequisite to habeas corpus and can be inadequate, especially for prisoners facing practical difficulties. The judge would reverse and remand Barrett's case.
• State ex rel. George J. Deeb v. Fabisinski
  111 Fla. 454· Fla.· 1933-07-18 ·cited 102×·via Writ Of Habeas Corpus
  George Deeb was committed to a state hospital for insanity and later indicted for murder. The circuit court issued an order requiring the hospital superintendent to produce Deeb's body for trial. The Supreme Court of Florida granted a writ of prohibition against the circuit judge
• Jones v. State
  855 So. 2d 611· Fla.· 2003-09-11 ·cited 101×
  Victor Tony Jones, a death-row inmate, appeals denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus. The Florida Supreme Court affirmed the denial, upholding the trial court's findings that trial counsel's strategic decisi
• Allen v. State
  854 So. 2d 1255· Fla.· 2003-07-10 ·cited 101×
  Lloyd Chase Allen, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denial, rejecting Allen's Brady violation claims regarding withheld hair analysis evidence and
• Mazen AL Najjar v. Ashcroft
  273 F.3d 1330· 11th Cir.· 2001-11-28 ·cited 101×·via Habeas Corpus Relief
  Mazen Al Najjar, a Palestinian refugee and engineering doctorate holder, was ordered deported after overstaying his student visa, and the government detained him without bond based on classified information alleging ties to Palestinian Islamic Jihad, a terrorist organization. The
• Atwater v. State
  788 So. 2d 223· Fla.· 2001-06-07 ·cited 101×·via Writ Of Habeas Corpus
  Jeffrey Lee Atwater, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of both the post-conviction motion and habeas petition, rejecting claims of i
• Haygood v. Evelle J. Younger
  769 F.2d 1350· 9th Cir.· 1985-08-27 ·cited 101×
  A prisoner's claim for damages due to unlawful detention resulting from established state policy or practice, rather than a random unauthorized act, states a valid § 1983 claim for denial of liberty without due process, subject to qualified immunity defenses.
• Jurek v. Estelle
  623 F.2d 929· 5th Cir.· 1980-08-11 ·cited 101×
  The en banc court held that the first confession was voluntary and admissible, but the second confession was involuntary and inadmissible. The court affirmed the denial of habeas corpus relief regarding the first confession but reversed it regarding the second.
• Bouse v. Cameron
  373 F.2d 451· D.C. Cir.· 1966-10-10 ·cited 101×
  A person involuntarily committed after being found not guilty by reason of insanity has a statutory right to treatment, cognizable in habeas corpus, and failure to provide adequate treatment can be grounds for relief.
• Hitchcock v. State
  991 So. 2d 337· Fla.· 2008-05-22 ·cited 100×
  James Hitchcock was convicted and sentenced to death for the 1976 murder of his brother's 13-year-old stepdaughter. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion for postconviction relief and habeas petition, rejecting claims of ineffective assistance of
• Rose v. State
  787 So. 2d 786· Fla.· 2001-04-05 ·cited 100×·via Writ Of Habeas Corpus
  James Franklin Rose appeals his death sentence for the 1976 kidnapping and murder of eight-year-old Lisa Berry. The Florida Supreme Court affirms the death penalty, rejecting seventeen issues raised on appeal, including claims regarding photographic evidence, Brady violations, pr
• Willis v. Ciccone
  506 F.2d 1011· 8th Cir.· 1974-11-15 ·cited 100×
  A federal prisoner must exhaust administrative remedies before seeking habeas corpus relief, and evidentiary hearings are generally unnecessary for claims of procedural due process violations or factual bases for disciplinary actions.
• Palmer v. Peyton
  359 F.2d 199· 4th Cir.· 1966-04-06 ·cited 100×
  The court held that the station house voice identification procedure used to identify the appellant violated his Fourteenth Amendment rights to due process.
• McKiver v. Sec'y, Fla. Dep't of Corr.
  991 F.3d 1357· 11th Cir.· 2021-03-25 ·cited 99×·via Federal Habeas Corpus
  Luther McKiver appealed his federal habeas petition challenging his Florida drug trafficking conviction, arguing that his trial counsel was ineffective for failing to investigate and present witnesses regarding the victim's drug-dealing history and for failing to investigate the