Habeas Corpus

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

• Norfleet Sawyer v. Brough
  358 F.2d 70· 4th Cir.· 1966-03-14 ·cited 28×
  The court held that joint representation of co-defendants with conflicting interests violates the Sixth Amendment right to effective assistance of counsel, even if the conflict was not apparent to the trial court or counsel.
• Driver v. Hinnant
  356 F.2d 761· 4th Cir.· 1966-01-22 ·cited 28×
  A chronic alcoholic cannot be constitutionally convicted and punished criminally for public drunkenness if it is an involuntary symptom of the disease.
• United States ex rel. Floyd Edgar Martin v. McMANN
  348 F.2d 896· 2d Cir.· 1965-07-23 ·cited 28×
  The court vacated the order denying the petition and instructed dismissal without prejudice, allowing New York courts to address the claims first.
• Burnside v. State OF Neb.
  346 F.2d 88· 8th Cir.· 1965-06-03 ·cited 28×
  The court held that the petitioner failed to demonstrate any error in the trial court's denial of his petition for a writ of habeas corpus.
• United States v. Shoaf
  341 F.2d 832· 4th Cir.· 1964-09-29 ·cited 28×
  An indigent defendant is not entitled to a free transcript for collateral attack on a conviction unless they demonstrate a specific need for it, distinguishing this from direct appeals where counsel's unfamiliarity may establish general need.
• Crawford v. Bannan
  336 F.2d 505· 6th Cir.· 1964-09-17 ·cited 28×
  The court held that a search of an automobile, conducted shortly after the arrest of its owner and while the vehicle was in police custody, is valid as incidental to and contemporaneous with the arrest, even if the owner has been removed from the scene.
• Thomas v. Cunningham
  335 F.2d 67· 4th Cir.· 1964-06-23 ·cited 28×
  The court held that the district court had jurisdiction to hear the habeas corpus petition regarding expired sentences and that the petitioner's conviction in Dickenson County was void due to inadequate legal representation, affirming the release order.
• Washington v. Clemmer
  339 F.2d 715· D.C. Cir.· 1964-05-11 ·cited 28×
  The court held that the Commissioner erred by denying the indigent juvenile's requests for a stenographic reporter and for subpoenas for material witnesses at his preliminary hearing.
• United States ex rel. Charles C. Campbell v. Rundle
  327 F.2d 153· 3d Cir.· 1964-01-27 ·cited 28×
• Rose v. Dickson
  327 F.2d 27· 9th Cir.· 1964-01-27 ·cited 28×
  The court affirmed the dismissal of the habeas corpus petition because the appellant had not exhausted his remedies in the state courts.
• Johnson v. Walker
  317 F.2d 418· 5th Cir.· 1963-05-17 ·cited 28×
  The court held that the Civil Rights Statutes do not grant federal jurisdiction for habeas corpus relief without exhausting state remedies.
• Draper v. Rhay
  315 F.2d 193· 9th Cir.· 1963-02-28 ·cited 28×
  The court held that there was no final judgment from which to appeal, and therefore, the appeal must be dismissed.
• United States ex rel. Thomas Kling v. LaVALLEE
  306 F.2d 199· 2d Cir.· 1962-07-11 ·cited 28×
  The court affirmed the disposition of the appeal, but the concurring judge expressed reservations about the strict application of exhaustion rules for federal habeas corpus.
• Carroll v. Cochran
  140 So. 2d 300· Fla.· 1962-04-25 ·cited 28×
  James Monroe Carroll petitioned for a writ of habeas corpus challenging a two-year prison sentence for withholding child support. The Florida Supreme Court found the sentence excessive and void because it exceeded the one-year maximum authorized under the statute in effect when t
• Hodges v. United States
  282 F.2d 858· D.C. Cir.· 1960-07-21 ·cited 28×
  A motion to vacate a sentence under 28 U.S.C. § 2255 cannot be used to collaterally attack a conviction based on a coerced confession if the defendant failed to take a direct appeal, absent government obstruction.
• Williams v. United States
  236 F.2d 894· 9th Cir.· 1956-09-25 ·cited 28×
  The court held that the § 2255 petitions, as they relate to the Third Division sentence, were insufficient on their face and thus affirmed the orders appealed from.
• Ishmael Washington v. Mayo
  77 So. 2d 620· Fla.· 1955-01-28 ·cited 28×
  Washington seeks habeas corpus relief, challenging his life sentence as a fourth offender under Florida's habitual offender statute. The Florida Supreme Court upheld the conviction, rejecting arguments that the information was deficient for failing to state crime dates and that a
• State ex rel. Phil Feldman v. Kelly
  76 So. 2d 798· Fla.· 1954-11-19 ·cited 28×
  Fourteen petitioners challenged their contempt convictions and jailing for refusing to answer grand jury questions about communist activities, invoking Fifth Amendment protections. The Florida Supreme Court held that the petitioners could lawfully refuse to answer because their a
• Jefferson ex rel. v. Sweat
  76 So. 2d 494· Fla.· 1954-07-27 ·cited 28×
  The Florida Supreme Court upheld the constitutionality of Chapter 28057, Acts of 1953, which makes possession of a federal wagering stamp prima facie evidence of violating Florida's gambling laws. The court rejected a habeas corpus challenge to an appellant's detention for posses
• United States ex rel. Bogish v. Tees
  211 F.2d 69· 3d Cir.· 1954-03-09 ·cited 28×
  The court held that the relator's petition for a writ of habeas corpus was properly denied because he failed to exhaust state remedies and his claims lacked merit. The court treated the petition as a motion in the nature of a writ of error coram nobis, which also failed.
• Sampsell v. People of State of Cal.
  191 F.2d 721· 9th Cir.· 1951-09-18 ·cited 28×
  The court held that the district court did not err in dismissing the habeas corpus petition, as the petitioner failed to demonstrate a violation of federal constitutional rights during his state trial.
• Hayman v. United States
  187 F.2d 456· 9th Cir.· 1950-10-27 ·cited 28×
  The court held that Section 2255 is void in its entirety, making it impossible to procure the appellant's presence for proceedings.
• State v. Sullivan
  43 So. 2d 438· Fla.· 1949-12-20 ·cited 28×
  Jeffie L. McClure challenges her murder indictment on grounds that the 18-member grand jury that indicted her was discharged by operation of law when Florida enacted Chapter 25554 requiring large counties to use 23-member grand juries. The Florida Supreme Court holds the indictme
• Collingsworth v. Mayo
  37 So. 2d 696· Fla.· 1948-09-28 ·cited 28×
  This habeas corpus case involved a petitioner seeking release from state prison, alleging illegal conviction due to various procedural and trial errors. The court denied the writ, finding the petitioner's claims unsubstantiated by the record and noting that habeas corpus cannot b
• Cobb v. Hunter
  167 F.2d 888· 10th Cir.· 1948-04-26 ·cited 28×
  The court held that habeas corpus is not a vehicle to relitigate matters already decided, and the trial court properly deferred to the sentencing court's appraisal of the facts regarding recanted testimony.
• Shepherd v. Hunter
  163 F.2d 872· 10th Cir.· 1947-10-03 ·cited 28×
  The court held that the petitioner was not deprived of effective assistance of counsel and that his claims regarding perjury and suppressed evidence were not proper subjects for habeas corpus.
• Garrison v. Hunter
  149 F.2d 844· 10th Cir.· 1945-06-30 ·cited 28×
  The court held that sufficiency of evidence and competency of evidence are not reviewable on habeas corpus, and inconsistent verdicts are permissible.
• Holbrook v. Hunter
  149 F.2d 230· 10th Cir.· 1945-04-23 ·cited 28×
  The court held that the petitioner's claim regarding the first count was barred by res judicata, and the first count was properly charged under the statute.
• United States ex rel. LA Charity v. Commanding Officer of United States Army Induction Ctr.
  142 F.2d 381· 2d Cir.· 1944-05-01 ·cited 28×
  The court held that the relator's induction was legal, as the local board's actions regarding his classification and appeals complied with Selective Service regulations.
• Williams v. Huff
  142 F.2d 91· D.C. Cir.· 1944-04-07 ·cited 28×
  The court held that a minor's competence to waive counsel is a question of fact that requires a determination based on age, education, and other pertinent facts.
• Dolan v. Swope
  138 F.2d 301· 7th Cir.· 1943-10-23 ·cited 28×
  Requiring a prisoner released for good conduct, who subsequently violates parole, to serve the unexpired portion of his sentence without credit for time on parole does not violate the Fifth Amendment's double jeopardy clause.
• Buie v. King
  137 F.2d 495· 8th Cir.· 1943-08-02 ·cited 28×
  A district court has jurisdiction to defer a habeas corpus discharge to allow the original sentencing court a reasonable time to correct an ambiguous judgment to reflect the intended consecutive nature of sentences.
• Subas v. Hudspeth
  122 F.2d 85· 10th Cir.· 1941-07-19 ·cited 28×
  The court held that the judgment imposing a sentence of seven years on each of three counts, with the phrase 'sentence not to run concurrently,' clearly indicated consecutive sentences totaling twenty-one years.
• State v. Stoutamire
  98 Fla. 486· Fla.· 1929-09-27 ·cited 28×
  The Florida Supreme Court held that Chapter 8411 (1921) and Chapter 9120 (1923), which imposed license taxes on gasoline dealers based on a flat fee per place of business plus a per-gallon tax, repealed the earlier Sections 896 and 804 of the Revised General Statutes, which impos
• Ex Parte
  66 Fla. 324· Fla.· 1913-11-11 ·cited 28×
  Frank Lewinsky sought habeas corpus relief from custody under a warrant charging violations of Florida's 1913 liquor regulation law. The Florida Supreme Court upheld the statute against constitutional challenges, holding that the legislature has broad authority to regulate the li
• Cary Michael Lambrix v. State
  217 So. 3d 977· Fla.· 2017-03-09 ·cited 27×
  Cary Michael Lambrix, a death row inmate sentenced to death in 1986 for two murders, appealed a postconviction court's denial of successive motions for relief, including challenges based on alleged ineffective assistance of counsel, DNA testing denials, and Hurst v. Florida. The
• Henry v. State
  134 So. 3d 938· Fla.· 2014-03-14 ·cited 27×
  Robert Henry, a death row inmate with execution scheduled for March 20, 2014, appealed the denial of his second successive motion for postconviction relief, challenging Florida's lethal injection protocol as applied to him, the constitutionality of the amended clemency statute (s
• Clough v. State
  136 So. 3d 680· Fla. 2d DCA· 2014-01-31 ·cited 27×
  Brian Clough appeals the postconviction court's dismissal and partial denial of his habeas corpus petition challenging his cannabis trafficking conviction. The court converted his habeas petition to a rule 3.850 postconviction motion without prior notice, and Clough argued this v
• Chavez v. State
  132 So. 3d 826· Fla.· 2014-01-31 ·cited 27×
  Juan Carlos Chavez, a death row inmate, appealed the denial of his second successive motion for post-conviction relief filed shortly before his scheduled execution. The Florida Supreme Court affirmed the denial of all claims, including challenges to lethal injection procedures, c
• Figueroa v. State
  84 So. 3d 1158· Fla. 2d DCA· 2012-03-30 ·cited 27×
  Carlos Figueroa appeals his life sentence for armed robbery, arguing that the information failed to allege the essential element of firearm possession. The Florida District Court of Appeal, Second District grants his petition for writ of habeas corpus, finding the charging docume
• Gandy v. State
  846 So. 2d 1141· Fla.· 2003-05-15 ·cited 27×
  The Florida Supreme Court dismissed three consolidated cases seeking discretionary review of District Court of Appeal decisions, holding that it lacks subject-matter jurisdiction to review per curiam unelaborated denials of relief that merely cite to cases not pending review, sta
• Konstantinos X. Fotopoulos v. State
  838 So. 2d 1122· Fla.· 2002-12-19 ·cited 27×
  Konstantinos Fotopoulos appeals the denial of postconviction relief and petitions for habeas corpus after his conviction for orchestrating two murders and an attempted murder. The Florida Supreme Court affirms the trial court's rejection of his ineffective assistance of counsel c
• Melvin v. State
  804 So. 2d 460· Fla. 2d DCA· 2001-11-16 ·cited 27×
  Thirteen prisoners scheduled for release petitioned for habeas corpus relief challenging their pretrial detention in involuntary civil commitment proceedings under Florida's Jimmy Ryce Act. The court held that ex parte probable cause determinations for such detentions must be sup
• Dennis v. State
  685 So. 2d 1373· Fla. 3d DCA· 1996-12-18 ·cited 27×
  The court held that the appellant's repeated, successive, and frivolous filings constitute an abuse of process, warranting denial of relief and prohibition of future filings.
• Purvis v. The Honorable Hubert R. Lindsey
  587 So. 2d 638· Fla. 4th DCA· 1991-10-16 ·cited 27×
  Petitioner seeks habeas corpus relief, arguing he was illegally detained on probation because the trial court lacked jurisdiction to impose probation exceeding six months for a second-degree misdemeanor. The court granted the petition, finding that a defendant convicted of a seco
• FOX v. Ira Kelso
  911 F.2d 563· 11th Cir.· 1990-09-07 ·cited 27×
  The court held that the state failed to carry its burden of proving that the petitioner's guilty pleas were knowing and intelligent, and thus the district court properly granted habeas relief.
• Nollie Lee Martin v. Dugger
  891 F.2d 807· 11th Cir.· 1989-12-14 ·cited 27×
  The court held that a district court, in its discretion, may reach the merits of an abusive habeas petition if the ends of justice require, and is not limited to cases showing factual innocence.
• Bramlett v. A.L. Lockhart
  876 F.2d 644· 8th Cir.· 1989-06-01 ·cited 27×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or that his confession and guilty plea were involuntary, thus affirming the denial of his habeas corpus petition.
• Lovinger v. Cir. Court OF THE 19TH Jud. Cir.
  845 F.2d 739· 7th Cir.· 1988-05-02 ·cited 27×
  The court held that the defendant did not consent to the mistrial and there was no manifest necessity for its declaration, thus barring reprosecution under the Double Jeopardy Clause.
• Messer v. State
  834 F.2d 890· 11th Cir.· 1987-11-30 ·cited 27×
  The court held that the sentencing judge and jury's refusal to consider non-statutory mitigating evidence violated Lockett v. Ohio, but affirmed the district court's denial of other claims.