Habeas Corpus

18,781 Florida cases classified under this topic · sorted by citation count

• Cordova v. COX
  351 F.2d 269· 10th Cir.· 1965-10-04 ·cited 29×
  The court held that the trial court erred in dismissing the habeas corpus petition without adequate findings of fact, and that the prisoner made a prima facie case for an invalid guilty plea.
• United States ex rel. Harry Craig v. Myers
  329 F.2d 856· 3d Cir.· 1964-04-02 ·cited 29×
  The court held that the denial of counsel to an indigent defendant, even if the conviction predates Gideon v. Wainwright, violates due process and requires invalidation of the conviction.
• Woodman J. Collins v. Walker
  329 F.2d 100· 5th Cir.· 1964-03-11 ·cited 29×
  The court held that the deliberate inclusion of Negroes on the grand jury list, knowing it was to indict Collins, constituted racial discrimination, rendering the indictment unconstitutional.
• Jimenez v. Barber
  252 F.2d 550· 9th Cir.· 1958-01-30 ·cited 29×
  The court held that the appeal presented no substantial question and dismissed the appeal as frivolous, denying the motion for a temporary restraining order.
• State v. Mayo
  122 Fla. 23· Fla.· 1935-12-14 ·cited 29×
  Albert R. House sought habeas corpus relief from his imprisonment based on multiple sentences imposed without formal adjudication of guilt. The Florida Supreme Court granted the writ and remanded him for resentencing, holding that sentences cannot be imposed without a proper judg
• State v. Davidson
  121 Fla. 196· Fla.· 1935-10-12 ·cited 29×
  This habeas corpus case addresses whether assistant state attorneys can file and swear to informations charging felonies. The court held that only the constitutionally appointed State's Attorney can file such informations, as it is a core prosecutorial power limited by the Consti
• Cason v. Quinby
  60 Fla. 35· Fla.· 1910-06-01 ·cited 29×
  The Florida Supreme Court affirmed the discharge of a traveling salesman from custody on habeas corpus, holding that a city ordinance requiring a $200 license fee for traveling salesmen violated the dormant Commerce Clause when applied to interstate commerce activities. The court
• Ex parte Alvarez v. State
  50 Fla. 24· Fla.· 1905-06-01 ·cited 29×
  The Florida Supreme Court addressed for the first time the law governing conditional pardons, their acceptance, violation, and proper procedures for determining breach. The court held that while a Board of Pardons lacks authority to unilaterally revoke a conditional pardon and or
• Carroll v. State
  114 So. 3d 883· Fla.· 2013-05-15 ·cited 28×
  Elmer Leon Carroll, a death row inmate under active execution warrant, appealed the denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851, raising claims that mental illness should bar execution, that the Governor's discretion to
• Dolan Darling v. State
  45 So. 3d 444· Fla.· 2010-07-01 ·cited 28×
  Dolan Darling, a death-row inmate, challenged Florida's lethal injection protocol, the constitutionality of statutes prohibiting disclosure of executioners' identities, and whether Capital Collateral Regional Counsel (CCRC) attorneys could represent him in federal section 1983 cl
• Johnson v. State
  44 So. 3d 51· Fla.· 2010-01-14 ·cited 28×
  Paul Beasley Johnson, a death row inmate, challenged his 1988 death sentences based on prosecutorial misconduct involving a jailhouse informant whose testimony was impermissibly elicited in violation of his Sixth Amendment right to counsel. The Florida Supreme Court held that the
• Orme v. State
  25 So. 3d 536· Fla.· 2009-11-19 ·cited 28×
  Roderick Michael Orme was convicted of murder, sexual battery, and robbery in 1992 for the brutal murder of nurse Lisa Redd. After a successful ineffective assistance of counsel claim on direct appeal regarding failure to investigate bipolar disorder, Orme was resentenced to deat
• M.N. v. State
  16 So. 3d 280· Fla. 2d DCA· 2009-08-26 ·cited 28×
  The court held that a juvenile's attempted reservation of the right to appeal a non-dispositive order is not a jurisdictional bar to appeal, but rather limits the issues reviewable on appeal, requiring summary affirmance.
• Blocker v. State
  968 So. 2d 686· Fla. 2d DCA· 2007-11-16 ·cited 28×
  Troy Blocker appealed the denial of his motion to correct an allegedly illegal sentence, claiming a discrepancy between his written sentences of 99 years and a sentencing transcript reflecting 9 years. The court affirmed the denial, holding that when the State reasonably contests
• Kearse v. State
  969 So. 2d 976· Fla.· 2007-08-30 ·cited 28×
  Billy Leon Kearse, convicted of first-degree murder of Fort Pierce police officer Danny Parrish and sentenced to death, appealed and petitioned for habeas corpus relief on claims of ineffective assistance of counsel, newly discovered evidence, public records violations, and const
• Sliney v. State
  944 So. 2d 270· Fla.· 2006-11-09 ·cited 28×
  Jack Sliney, a death row inmate, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus following his conviction for the 1992 murder and armed robbery of a pawn shop owner. The Florida Supreme Court affirmed th
• Olen Clay Gorby v. State
  819 So. 2d 664· Fla.· 2002-04-11 ·cited 28×
  Olen Clay Gorby, convicted of first-degree murder and sentenced to death, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's de
• Cordell T. Allen v. State
  751 So. 2d 56· Fla. 5th DCA· 1999-03-05 ·cited 28×
  The court held that a petition for writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel is improper when it is successive to prior direct appeals and motions attacking the sentence.
• Paul v. Jenne
  728 So. 2d 1167· Fla. 4th DCA· 1999-03-03 ·cited 28×
  Jean David Paul's bond was revoked after his arrest for firearms and drug offenses while on bail for attempted second degree murder. The Fourth District Court of Appeal granted his habeas corpus petition, holding that a trial court cannot deny bond altogether following a bond vio
• Raleigh Porter v. State
  723 So. 2d 191· Fla.· 1998-10-15 ·cited 28×
  The Florida Supreme Court reversed a trial court's finding that Judge Richard M. Stanley Jr. was impartial when he sentenced Raleigh Porter to death in 1978 and 1981. The Court held that evidence of the judge's predisposition to impose death violated Porter's due process right to
• Lewis v. Fla. Parole Comm'n
  697 So. 2d 965· Fla. 1st DCA· 1997-08-05 ·cited 28×
  David Lewis challenged the revocation of his parole by filing a habeas corpus petition in Polk County Circuit Court (proper venue), but the court granted the Parole Commission's motion to change venue to Leon County. The appellate court reversed, holding that only courts in the c
• Johnson v. State
  680 So. 2d 1101· Fla. 5th DCA· 1996-10-11 ·cited 28×
  Johnson appeals the trial court's denial of his successive Rule 3.850 motion for post-conviction relief. The court affirmed the denial, finding that Johnson had repeatedly litigated the same issues through multiple appeals and collateral petitions, constituting an abuse of proces
• Patterson v. State
  664 So. 2d 31· Fla. 4th DCA· 1995-11-29 ·cited 28×
  Patterson appealed the denial of his habeas corpus petition challenging his conviction. The court affirmed, holding that Patterson's claims of involuntary plea and ineffective assistance of counsel are properly raised through post-conviction relief under Florida Rule 3.850, which
• Mills v. State
  603 So. 2d 482· Fla.· 1992-06-04 ·cited 28×
  Gregory Mills, a death row inmate, appeals the denial of his postconviction motion for ineffective assistance of counsel for failing to develop and present mental health mitigating evidence. The Florida Supreme Court affirms the trial court's denial, holding that trial counsel's
• Hayes v. State
  598 So. 2d 135· Fla. 5th DCA· 1992-04-17 ·cited 28×
  Hayes appealed the denial of his Rule 3.850 motion challenging his habitual offender sentences. The court found that while the armed robbery sentence was legal, the 50-year sentence for armed kidnapping was illegal because kidnapping with a firearm is a life felony to which the h
• Woods v. Dugger
  923 F.2d 1454· 11th Cir.· 1991-02-05 ·cited 28×
  The court held that the combination of pretrial publicity and the presence of numerous uniformed prison guards in the courtroom created an unacceptable risk of prejudice, thereby depriving the petitioner of his Sixth Amendment right to a fair trial.
• Harris v. Reed
  894 F.2d 871· 7th Cir.· 1990-02-02 ·cited 28×
  The court held that defense counsel's failure to interview and present key witnesses, despite mentioning them in the opening statement, constituted ineffective assistance of counsel, prejudicing the outcome of the trial.
• Tinsley v. Borg
  895 F.2d 520· 9th Cir.· 1990-01-19 ·cited 28×
  A juror's prior professional experience counseling a rape victim, without more, does not create implied bias sufficient to warrant a new trial, especially when the state courts found no actual bias and the juror testified to impartiality.
• Rayfield Newlon v. Armontrout
  885 F.2d 1328· 8th Cir.· 1989-09-18 ·cited 28×
  The court affirmed the district court's grant of habeas corpus relief, finding that the 'depravity of mind' jury instruction was unconstitutionally vague and that the prosecutor's penalty phase argument was improper.
• Garlington v. O'Leary
  879 F.2d 277· 7th Cir.· 1989-07-17 ·cited 28×
  The admission of a codefendant's statement as a coconspirator's statement did not violate the defendant's Sixth Amendment right to confrontation, and the evidence was sufficient to support the conviction.
• Orazio v. Dugger
  876 F.2d 1508· 11th Cir.· 1989-07-11 ·cited 28×
  The court held that the denial of the right to self-representation and the subsequent failure of appellate counsel to raise this issue on direct appeal constituted ineffective assistance of counsel, and that the defendant did not waive his right to self-representation.
• B.E.O. v. State
  544 So. 2d 1175· Fla. 5th DCA· 1989-06-15 ·cited 28×
  B.E.O., a child adjudicated delinquent, challenged the trial judge's request for a fourth placement option from the Department of Health and Rehabilitative Services (H.R.S.) after the judge ranked the three statutorily-required options. The court held that while the judge committ
• Coleman v. Saffle
  869 F.2d 1377· 10th Cir.· 1989-03-06 ·cited 28×
  The court held that Coleman's claim regarding the unconstitutional aggravating circumstance instruction was not barred by abuse of the writ or procedural default, and that the application of Oklahoma's subsequent reweighing rule did not violate ex post facto principles.
• Jones v. Dugger
  867 F.2d 1277· 11th Cir.· 1989-02-28 ·cited 28×
  The court held that a jury instruction failing to inform the jury they should consider all mitigating evidence, not just statutory, constitutes reversible error, even if the judge considered non-statutory evidence.
• Donnie James Smith v. Ira Kelso
  863 F.2d 1564· 11th Cir.· 1989-01-25 ·cited 28×
  The court held that the trial judge did not deny the petitioner due process by refusing to grant a severance because no events had occurred that worked undue prejudice at the time the motion was denied.
• Henderson v. Thieret
  859 F.2d 492· 7th Cir.· 1988-10-05 ·cited 28×
  A district court may raise procedural default sua sponte, but cannot override a state's implicit waiver of that defense. A habeas petitioner must demonstrate both deficient counsel performance and prejudice to succeed on an ineffective assistance of counsel claim.
• Hiram Eugene Meyer v. Sargent
  854 F.2d 1110· 8th Cir.· 1988-08-24 ·cited 28×
  A criminal defendant's insistence on removing appointed counsel mid-trial, after being warned that no replacement would be appointed, constitutes a knowing and intelligent waiver of the right to counsel, especially when the motion appears obstructionist.
• McKinley Dudley v. Duckworth
  854 F.2d 967· 7th Cir.· 1988-08-08 ·cited 28×
  The admission of testimony regarding anonymous threats against a witness, without any evidence linking the defendant to the threats, was of such magnitude that it denied the petitioner fundamental fairness and violated his Fourteenth Amendment rights.
• Lavernia v. Lynaugh
  845 F.2d 493· 5th Cir.· 1988-05-05 ·cited 28×
  The court held that the district court did not err in rejecting the prisoner's habeas corpus claims, affirming the conviction.
• Buckley v. Butler
  825 F.2d 895· 5th Cir.· 1987-08-27 ·cited 28×
  The court held that the record sufficiently demonstrated that the defendant's admission of prior convictions in the multiple bill proceeding was intelligent and voluntary, satisfying any applicable Boykin-type requirements.
• Uresti v. James
  821 F.2d 1099· 5th Cir.· 1987-07-17 ·cited 28×
  The court held that the petitioner's guilty plea was voluntary and counsel was not ineffective, and that the indictment was sufficient and the confession claim was unsupported.
• Lefkowitz v. Fair
  816 F.2d 17· 1st Cir.· 1987-04-13 ·cited 28×
  A petitioner must be in custody at the time of filing a habeas corpus petition, and a fully served sentence, even with collateral consequences like license revocation, does not satisfy this requirement. Furthermore, a district court's dismissal of a habeas petition without prejud
• Carmine Romano v. Luther
  816 F.2d 832· 2d Cir.· 1987-04-03 ·cited 28×
  The court held that the five-year transition period under CCCA § 235(b)(3) begins on November 1, 1987, and that the provision requires the Parole Commission to set a release date early enough for appeal before the end of that period, but does not obligate the Commission to act at
• Wicker v. O.L. McCOTTER
  798 F.2d 155· 5th Cir.· 1986-08-23 ·cited 28×
  The court held that the petitioner failed to present a debatable issue for appeal regarding racial discrimination in the death penalty and that the inevitable discovery doctrine barred his due process claim concerning evidence admissibility.
• Guerra v. Meese
  786 F.2d 414· D.C. Cir.· 1986-03-07 ·cited 28×
  A district court cannot grant bail if it lacks jurisdiction to hear the underlying habeas corpus petition because the prisoner's custodian is outside its territorial jurisdiction.
• United States v. Broce
  781 F.2d 792· 10th Cir.· 1986-01-02 ·cited 28×
  The court held that the second indictment charging a Sherman Act violation for bid rigging on a highway project violated the double jeopardy clause.
• Murphy v. Manfred Holland
  776 F.2d 470· 4th Cir.· 1985-10-28 ·cited 28×
  The court held that the jury instructions on reasonable doubt, while potentially unwise, did not unconstitutionally lessen the state's burden of proof, and the admission of the defendant's inculpatory statements did not violate his fifth or sixth amendment rights.
• Davis v. Wyrick
  766 F.2d 1197· 8th Cir.· 1985-06-28 ·cited 28×
  The court held that the petitioner is not entitled to habeas corpus relief because his claims regarding competency, prosecutorial misconduct, insufficient evidence, trial court bias, and jury selection lack merit or are unexhausted.
• Rita v. State
  470 So. 2d 80· Fla. 1st DCA· 1985-06-06 ·cited 28×
  Edmund Rita appeals the denial of his Rule 3.850 post-conviction relief motion and the revocation of his probation. The court held that Rita had standing to file the motion while awaiting a probation revocation hearing, and that the evidence was legally insufficient to establish
• Dalton Prejean v. Blackburn
  743 F.2d 1091· 5th Cir.· 1984-10-15 ·cited 28×
  The Louisiana Supreme Court's reliance on prejudicial, non-record information in reviewing a death sentence violates due process. Such reliance, especially when the court performs both reviewing and imposing functions, renders the appellate review constitutionally infirm.