Habeas Corpus

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

• State v. Hardie
  108 Fla. 133· Fla.· 1933-02-16 ·cited 30×
  Edgar Davis petitioned the Florida Supreme Court for habeas corpus relief after being committed to jail for contempt of court for failing to pay alimony. The Court held that Davis's remedy was to seek review by writ of error of the Circuit Court's judgment that had already upheld
• Blitch v. Buchanan
  100 Fla. 1202· Fla.· 1930-11-12 ·cited 30×
  The Florida Supreme Court reversed a circuit court decision that voided a death sentence by electrocution on the grounds that the Superintendent of the State Prison, who was not elected by the people or appointed by the Governor, could not legally execute the sentence. The court
• Dusenbury v. Chesney
  97 Fla. 468· Fla.· 1929-04-04 ·cited 30×
  The Florida Supreme Court held that a St. Petersburg city ordinance imposing higher daily license taxes on auction sales by persons in business less than two years was an unreasonable and invalid exercise of the city's taxing power, amounting to an indirect prohibition of lawful
• McCall v. Lee
  66 Fla. 14· Fla.· 1913-06-17 ·cited 30×
  The court dismissed an appeal from a contempt order, holding that such orders are not directly appealable. The proper remedy for an allegedly illegal imprisonment due to contempt is habeas corpus.
• Tanner v. Wiggins
  54 Fla. 203· Fla.· 1907-06-01 ·cited 30×
  Tanner was convicted of illegal liquor dealing and sentenced to either twelve months imprisonment or a $50 fine plus costs. He paid the fine and costs, but was later arrested for violating conditions of the suspended sentence. The Florida Supreme Court held that the trial court l
• Schiller v. State
  49 Fla. 25· Fla.· 1905-01-01 ·cited 30×
  William Schiller was convicted of selling liquor on Sunday in violation of a Florida license tax law and challenged the constitutionality of the provision prohibiting Sunday sales. The Florida Supreme Court upheld the conviction, holding that the Sunday sales restriction was a ma
• Ex parte Sims
  40 Fla. 432· Fla.· 1898-06-01 ·cited 30×
  The Florida Supreme Court held that the city of Jacksonville violated its delegated taxing authority by imposing a separate $1,000 license tax on wholesale beer dealers when the state already defined dealers in spirituous, vinous, and malt liquors as a single taxable privilege. T
• Lugo v. Sec'y, Fla. Dep't OF Corr.
  750 F.3d 1198· 11th Cir.· 2014-04-24 ·cited 29×
  Daniel Lugo, a Florida death-row inmate, appealed the dismissal of his federal habeas corpus petition as time-barred under the one-year statute of limitations in 28 U.S.C. § 2244(d), and also appealed the denial of his Rule 60(b) motion seeking to vacate that dismissal. The Eleve
• York v. State
  891 So. 2d 569· Fla. 2d DCA· 2004-12-01 ·cited 29×
  York petitioned for relief claiming his appellate counsel was ineffective for failing to argue that a jury instruction on justifiable use of force constituted fundamental error during his trial for aggravated battery and shooting into a vehicle. The court agreed that appellate co
• Johnson v. Singletary
  612 So. 2d 575· Fla.· 1993-01-29 ·cited 29×
  Larry Joe Johnson, a death row inmate, petitioned for habeas corpus relief challenging his death sentence based on allegedly improper jury instructions regarding aggravating factors under Eighth Amendment standards set by recent Supreme Court precedent. The Florida Supreme Court
• Kelley v. Dugger
  597 So. 2d 262· Fla.· 1992-03-12 ·cited 29×
  William H. Kelley, a death row inmate convicted of a 1966 contract killing, petitioned for habeas corpus relief challenging his conviction and sentence on grounds of ineffective appellate counsel, ex post facto violation, and overbroad aggravating factors. The Florida Supreme Cou
• Lozada v. Deeds
  498 U.S. 430· U.S.· 1991-02-19 ·cited 29×
  The Court held that the denial of a certificate of probable cause was erroneous because the petitioner made a substantial showing of the denial of a federal right regarding ineffective assistance of counsel.
• Guenter Mannhalt v. Amos E. Reed
  847 F.2d 576· 9th Cir.· 1988-05-25 ·cited 29×
  An attorney's accusation of criminal conduct related to the client's charges creates an actual conflict of interest that adversely affects performance, violating the Sixth Amendment right to effective assistance of counsel.
• Byrne v. Butler
  845 F.2d 501· 5th Cir.· 1988-05-09 ·cited 29×
• Brown v. Butler
  811 F.2d 938· 5th Cir.· 1987-03-10 ·cited 29×
  The court held that a guilty plea is voluntary if the defendant is aware of the elements of the crime, and that a Sixth Amendment right to counsel does not extend to routine presentence interviews. However, failure to advise a defendant of a potential venue defense may constitute
• Streetman v. Lynaugh
  812 F.2d 950· 5th Cir.· 1987-03-09 ·cited 29×
  The court held that the facts relevant to the petitioner's ineffective assistance of counsel claim were not adequately developed in state court, requiring a remand for an evidentiary hearing.
• Hoover v. Garfield Heights Mun. Court
  802 F.2d 168· 6th Cir.· 1986-09-25 ·cited 29×
  The court held that the denial of habeas relief as to assault convictions should be affirmed, but the collateral attack on the conviction for resisting arrest should be sustained.
• Makana LEE & Ft. Steuben Co., Inc. v. Johnson
  799 F.2d 31· 3d Cir.· 1986-08-07 ·cited 29×
  The court held that the Government's position must be clearly reasonable, well-founded in law and fact, to be considered substantially justified under the amended Equal Access to Justice Act.
• Bowden v. Kemp
  767 F.2d 761· 11th Cir.· 1985-07-23 ·cited 29×
  The court held that its prior decision affirming the denial of habeas corpus relief was consistent with Ake v. Oklahoma, as the defendant failed to demonstrate that his sanity was a significant factor at trial or request psychiatric assistance for sentencing mitigation.
• Ruffin v. Louie L. Wainwright
  461 So. 2d 109· Fla.· 1984-12-20 ·cited 29×
  Mack Ruffin petitioned for a writ of habeas corpus alleging he was denied effective assistance of appellate counsel. The Florida Supreme Court denied the petition, holding that appellate counsel's failure to raise certain claims did not constitute ineffective assistance because t
• In re Shriner v. Louie L. Wainwright
  735 F.2d 1236· 11th Cir.· 1984-06-19 ·cited 29×
  The Eleventh Circuit affirmed the district court's denial of the habeas petition, finding that the claims were either previously litigated, lacked merit, or constituted an abuse of the writ under Rule 9(b).
• Sullivan v. Louie L. Wainwright
  721 F.2d 316· 11th Cir.· 1983-11-28 ·cited 29×
• Franklin v. Francis
  720 F.2d 1206· 11th Cir.· 1983-11-16 ·cited 29×
  A jury instruction creating a mandatory rebuttable presumption that a person intends the natural consequences of their voluntary acts unconstitutionally shifts the burden of proof on the element of intent, violating due process.
• United States ex rel. John Williams v. DeROBERTIS
  715 F.2d 1174· 7th Cir.· 1983-08-19 ·cited 29×
  A criminal defendant's ignorance of specific jury attributes, such as the right to participate in jury selection or the requirement of a substantial majority vote for conviction, does not render their waiver of a jury trial constitutionally invalid.
• Parisie v. J.W. Greer
  705 F.2d 882· 7th Cir.· 1983-03-28 ·cited 29×
  The en banc court affirmed the district court's denial of the habeas corpus petition, vacating the prior panel decision, due to an equally divided court on the merits and a majority finding no jurisdiction or affirming the lower court.
• Perry v. J.W. Fairman and Tyrone Fahner
  702 F.2d 119· 7th Cir.· 1983-03-16 ·cited 29×
  The court held that a federal habeas corpus petition should be dismissed if any claim within it is unexhausted, but that a petitioner need not pursue state post-conviction relief if Illinois courts would deem the claim res judicata or waived.
• Wallace v. R.V. Turner
  695 F.2d 545· 11th Cir.· 1983-01-14 ·cited 29×
  A state court judge does not violate a defendant's constitutional rights by accepting a knowing and voluntary nolo contendere plea without a factual basis for the plea, unless the defendant proclaims innocence.
• Francois v. State
  423 So. 2d 357· Fla.· 1982-12-01 ·cited 29×
  Marvin Francois, convicted of six first-degree murders and sentenced to death, appealed the denial of his motion for post-conviction relief under Rule 3.850 and filed a habeas corpus petition alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Cour
• United States v. Baynes
  687 F.2d 659· 3d Cir.· 1982-08-11 ·cited 29×
  The court held that trial counsel's failure to investigate potentially exculpatory voice exemplar evidence constituted ineffective assistance of counsel, and that prejudice must be shown for habeas relief.
• Slocum v. Ga. State Bd. OF Pardons & Paroles
  678 F.2d 940· 11th Cir.· 1982-06-14 ·cited 29×
  Georgia's parole laws do not create a protectable expectation of conditional release, thus a prisoner is not entitled to due process in parole consideration.
• Parker v. Parratt
  662 F.2d 479· 8th Cir.· 1981-10-28 ·cited 29×
  The court held that neither defendant demonstrated an actual conflict of interest arising from joint representation, and therefore, neither is entitled to federal habeas corpus relief.
• Hatheway v. Secretary OF the Army
  641 F.2d 1376· 9th Cir.· 1981-04-20 ·cited 29×
  The court held that a court-martial conviction may be deemed void for fundamental constitutional defects, but allegations regarding compliance with surveillance statutes are insufficient for collateral review. It also held that prosecuting homosexual acts under Article 125 is per
• Ziyad Abu Eain v. Wilkes
  641 F.2d 504· 7th Cir.· 1981-02-20 ·cited 29×
  The court held that the magistrate had sufficient evidence to find probable cause for extradition and that the political offense exception did not apply to the charged crimes.
• Chavis v. State OF N.C.
  637 F.2d 213· 4th Cir.· 1980-12-04 ·cited 29×
  The court held that the prosecution's failure to disclose a key witness's amended statement and psychiatric report violated the petitioners' due process rights.
• Quintin Orpiano v. Johnson
  632 F.2d 1096· 4th Cir.· 1980-09-17 ·cited 29×
  The court held that supervisory prison officials were not liable for deliberate indifference based on a single incident, but affirmed the judgment against the guards directly involved in the assault.
• Micklus v. Carlson
  632 F.2d 227· 3d Cir.· 1980-09-03 ·cited 29×
  The dissenting judge held that the appellant's claims for declaratory and injunctive relief regarding alleged YCA violations are moot because there is no immediate and real possibility of future violations.
• Martinez v. Louie L. Wainwright
  621 F.2d 184· 5th Cir.· 1980-07-10 ·cited 29×
  The court held that the prosecutor's failure to disclose the deceased's rap sheet, which was in the possession of the medical examiner's office and requested by the defense, constituted a Brady violation and denied the defendant a fair trial.
• Miller v. United States
  564 F.2d 103· 1st Cir.· 1977-10-27 ·cited 29×
  The court held that even if the district court improperly relied on ex parte affidavits, the defendant failed to establish a claim of ineffective assistance of counsel based on the undisputed facts.
• Dupont v. Hall
  555 F.2d 15· 1st Cir.· 1977-05-16 ·cited 29×
  The court held that the Stone v. Powell rule, precluding Fourth Amendment claims on habeas corpus, applies retroactively. It also held that a jury's inadvertent viewing of a defendant in custody does not automatically warrant a mistrial without a showing of actual prejudice.
• United States ex rel. Leo Anthony DiGIANGIEMO v. Regan
  528 F.2d 1262· 2d Cir.· 1975-12-29 ·cited 29×
  The court held that the petitioner's constitutional rights were not violated by the failure to apply collateral estoppel in his case, affirming the denial of his habeas corpus petition.
• Johnson v. Massey
  516 F.2d 1001· 5th Cir.· 1975-07-31 ·cited 29×
  A guilty plea induced by a good faith but erroneous prediction of sentence by defense counsel is not rendered involuntary. A defendant's sworn statement denying promises precludes retrial on that issue.
• Morris v. Wyrick
  516 F.2d 1387· 8th Cir.· 1975-05-14 ·cited 29×
  The court held that a state prisoner was not denied his Sixth Amendment right to a speedy trial, and the district court did not err in denying his habeas corpus petition without an evidentiary hearing.
• United States ex rel. Gerard A. Bailey v. U. S. Commanding Officer OF the Off. OF the Provost Marshal
  496 F.2d 324· 1st Cir.· 1974-05-15 ·cited 29×
  The court held that a petitioner who repeatedly absents himself without leave may be disentitled to seek relief from the court's resources.
• United States ex rel. Wallace Culbreath v. Rundle
  466 F.2d 730· 3d Cir.· 1972-09-05 ·cited 29×
  A guilty plea induced by a prosecutor's promise, even if not explicitly confirmed by the judge, must be fulfilled or the defendant allowed to withdraw the plea.
• Gerzin v. Beto
  459 F.2d 671· 5th Cir.· 1972-04-13 ·cited 29×
• Morrissey v. Lou V. Brewer
  443 F.2d 942· 8th Cir.· 1971-04-21 ·cited 29×
  The Eighth Circuit held that the Due Process Clause of the Fourteenth Amendment does not require a hearing prior to the revocation of parole by a state. Parole revocation is an administrative function, not a stage of a criminal proceeding, and states have broad discretion in mana
• Edwards v. Selective Serv. Local Bd. NO. 111
  432 F.2d 287· 5th Cir.· 1970-09-15 ·cited 29×
• State of Fla. ex rel. Albert Johnson v. Sal Vizzini
  227 So. 2d 205· Fla.· 1969-10-08 ·cited 29×
  A municipal court does not have the authority to grant parole, as this is a function of the executive branch, not the judiciary.
• United States ex rel. James L. Worlow v. Pate
  411 F.2d 972· 7th Cir.· 1969-06-10 ·cited 29×
  The district court erred in denying habeas corpus petitions without compelling the state court record to determine if petitioners received a full and fair hearing.
• Holland v. Ciccone
  386 F.2d 825· 8th Cir.· 1967-12-28 ·cited 29×
  The court held that the Attorney General's discretion in determining a prisoner's place of confinement and medical treatment is not subject to review in a habeas corpus proceeding absent a showing of arbitrariness or capriciousness.