Habeas Corpus

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

• Ex parte Hyde
  140 Fla. 494· Fla.· 1939-11-15 ·cited 27×
  Frank Hyde and C. K. Slaton petitioned for habeas corpus seeking release on bail after their gaming law convictions were affirmed on appeal and they received a gubernatorial reprieve. The Florida Supreme Court denied the petition, holding that no court has jurisdiction to fix bai
• State v. Stone
  137 Fla. 498· Fla.· 1939-05-02 ·cited 27×
  A. G. Krueger sought a writ of habeas corpus challenging his jail commitment for contempt of court based on his failure to pay alimony and suit money ordered by the Circuit Court. The Florida Supreme Court rejected all of Krueger's challenges and affirmed that his commitment was
• State v. Gerrell
  137 Fla. 324· Fla.· 1938-12-01 ·cited 27×
  The Florida Supreme Court invalidated Chapter 18069 (1937), which regulated auction sales, holding that its bond and license fee requirements were arbitrary and unreasonable, and that its exemption for established Florida residents violated equal protection principles.
• Econ. Cash & Carry Cleaners, Inc v. Cleaning
  128 Fla. 408· Fla.· 1937-06-04 ·cited 27×
  The Florida Supreme Court addressed two consolidated cases challenging the validity of Chapter 16979, the Cleaning, Dyeing and Pressing Law of 1935, which authorized a state board to fix minimum prices for cleaning services in Dade County. The Court affirmed the circuit court's d
• House v. State
  127 Fla. 145· Fla.· 1937-02-17 ·cited 27×
  Albert House sought habeas corpus relief from an incomplete 1925 judgment and sentence that lacked an express adjudication of guilt. After remand by the Florida Supreme Court for a proper sentence, the trial court re-sentenced House in 1936. House challenged this new sentence, ar
• United States ex rel. Volpe v. Smith
  62 F.2d 808· 7th Cir.· 1933-01-11 ·cited 27×
  The dissenting opinion argues that the alien should not be deported. It contends that the conviction for counterfeiting, occurring after entry and with a minor penalty, should not bar re-entry. Furthermore, it asserts that even if the alien made false statements about citizenship
• Lee v. Lee
  67 Fla. 396· Fla.· 1914-04-28 ·cited 27×
  In this 1914 Florida Supreme Court case, a biological father challenged an award of custody of his young daughter to her foster parents, who had cared for her since infancy. The court held that absent evidence of parental unfitness or neglect, a father's common law right to custo
• State v. Lewis
  55 Fla. 570· Fla.· 1908-01-01 ·cited 27×
  This case concerns whether a city ordinance imposing a $50 license tax on express companies was valid. The court found the ordinance invalid because the state legislature had not explicitly granted the city the power to impose such a tax at that amount, especially when state law
• Rodriguez v. State
  39 So. 3d 275· Fla.· 2010-05-06 ·cited 26×
  Manuel Antonio Rodriguez was convicted of three first-degree murders and sentenced to death. On appeal, he challenged the conviction and sentence through postconviction motions and a habeas petition, raising numerous claims of ineffective assistance of counsel, Brady violations (
• Tate v. McNEIL
  983 So. 2d 502· Fla.· 2008-03-13 ·cited 26×
  The Florida Supreme Court imposed sanctions against James L. Tate, Jr., a state prisoner, for abusing the court's processes by filing eighteen separate frivolous petitions since 2002, all seeking to vacate his 1994 conviction for attempted first-degree murder. The Court barred Ta
• Martin v. Fla. Parole Comm'n
  951 So. 2d 84· Fla. 1st DCA· 2007-03-13 ·cited 26×
  The court held that the circuit court erred in treating a habeas corpus petition as a certiorari petition and denying it as untimely under Rule 9.100(c)(2).
• Robinson v. State
  913 So. 2d 514· Fla.· 2005-07-07 ·cited 26×
  Michael Robinson, a death-row inmate, appealed the denial of his postconviction motion for 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 denial of all relief, rejecting Robins
• Etheria Verdell Jackson v. Dugger
  633 So. 2d 1051· Fla.· 1993-09-09 ·cited 26×
  Etheria Jackson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding no merit to Jackson's ineffective assistance of counsel claims, procedural bar
• United States v. Davenport
  935 F.2d 1223· 11th Cir.· 1991-07-17 ·cited 26×
  The court held that the defendant's speedy trial rights were not violated because various delays, including interlocutory appeals and motions filed by codefendants, were properly excluded from the seventy-day calculation under the Speedy Trial Act.
• Jennings v. State
  583 So. 2d 316· Fla.· 1991-06-13 ·cited 26×
  Bryan Fredrick Jennings, convicted of murdering six-year-old Rebecca Kunash and sentenced to death, appealed and petitioned for habeas corpus relief on grounds including Brady violations, ineffective assistance of counsel, and improper victim impact evidence. The Florida Supreme
• Jones v. Dugger
  928 F.2d 1020· 11th Cir.· 1991-04-03 ·cited 26×
  The court affirmed the denial of the habeas corpus petition, finding the claims procedurally barred, not violated, or foreclosed by precedent.
• United States v. Schmidt
  922 F.2d 1365· 8th Cir.· 1991-01-10 ·cited 26×
  The court held that there was sufficient evidence to support the defendant's convictions for possession with intent to distribute cocaine and conspiracy to distribute cocaine, and that the jury instructions did not contain plain error.
• White v. Dugger
  565 So. 2d 700· Fla.· 1990-07-17 ·cited 26×
  Jerry White petitioned for a writ of habeas corpus and stay of execution following his conviction for murder and death sentence. The Florida Supreme Court rejected all of White's claims, including ineffective assistance of counsel, appellate deficiencies, and sentencing procedure
• Crank v. Duckworth
  905 F.2d 1090· 7th Cir.· 1990-06-25 ·cited 26×
  A federal court has jurisdiction under § 2254 to order a state to resentence a prisoner free of any effect of an earlier conviction in another jurisdiction, even if the prior sentence has expired.
• Young v. Kenny
  907 F.2d 874· 9th Cir.· 1989-10-11 ·cited 26×
  A federal court must stay a prisoner's 42 U.S.C. § 1983 claim challenging the duration of confinement, rather than dismiss it, to allow exhaustion of state remedies via habeas corpus.
• United States ex rel. Robert E. LEE v. Flannigan
  884 F.2d 945· 7th Cir.· 1989-09-18 ·cited 26×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial.
• Raske v. Martinez
  876 F.2d 1496· 11th Cir.· 1989-07-11 ·cited 26×
  The court held that the 1983 Florida statute altering gain time calculations is an unconstitutional ex post facto law as applied to prisoners convicted of offenses prior to its enactment because it makes the punishment more onerous.
• Gwin v. Snow
  870 F.2d 616· 11th Cir.· 1989-04-19 ·cited 26×
  The court held that Gwin's equal protection claims challenging the Board's parole procedures and denial of compassionate leave are properly brought under section 1983 and do not require exhaustion of state remedies, reversing the district court's dismissal of these claims.
• Bennett v. G.S. Fortner
  863 F.2d 804· 11th Cir.· 1989-01-17 ·cited 26×
  The court held that the appellant procedurally defaulted his claim regarding counsel's failure to order medical tests and failed to demonstrate cause and prejudice for this default.
• Branion v. Gramly
  855 F.2d 1256· 7th Cir.· 1988-07-29 ·cited 26×
  The court held that the district court lacked jurisdiction to consider a second post-judgment motion after a notice of appeal was filed, and that materials not presented to the district court could not be considered on appeal. The court also found that the jury's verdict was supp
• Worthen v. Meachum
  842 F.2d 1179· 10th Cir.· 1988-03-21 ·cited 26×
  A guilty plea is not rendered involuntary by an attorney's inaccurate prediction of parole eligibility or by an attorney's promise of unrelated legal representation, especially when the defendant affirms the plea's voluntariness in court.
• Streetman v. Lynaugh
  835 F.2d 1521· 5th Cir.· 1988-01-06 ·cited 26×
  The court held that a prior stay of execution order dissolved by its own terms upon the conclusion of the appeal it was granted for, and that the district court did not abuse its discretion in denying a Rule 60(b) motion seeking relief from a judgment denying habeas corpus relief
• Leatrice Little v. Armontrout
  835 F.2d 1240· 8th Cir.· 1987-12-23 ·cited 26×
  The court held that the trial court's refusal to appoint an expert in hypnosis for an indigent defendant violated his Fourteenth Amendment right to due process.
• United States v. Atkins
  834 F.2d 426· 5th Cir.· 1987-12-08 ·cited 26×
  The court held that the district court erred in denying an evidentiary hearing on the defendant's double jeopardy claim, as the record was insufficient to resolve whether the two conspiracy charges constituted a single offense.
• New Wash. Heights Cmty. Dev. Conf. v. Dep't OF Cmty. Affairs
  515 So. 2d 328· Fla. 3d DCA· 1987-11-10 ·cited 26×
  The appellate court lacks jurisdiction over an untimely filed notice of appeal, even if the untimeliness was caused by misleading information from a state functionary.
• Bell v. Lynaugh
  828 F.2d 1085· 5th Cir.· 1987-09-23 ·cited 26×
  The court held that the appellant failed to demonstrate ineffective assistance of counsel, that his second confession was voluntary and admissible, and that his other claims regarding jury selection, change of venue, publicity during voir dire, speedy trial, and prosecutorial sum
• Wilson v. Butler
  813 F.2d 664· 5th Cir.· 1987-03-24 ·cited 26×
• Willard v. People of the State OF Cal.
  812 F.2d 461· 9th Cir.· 1987-03-06 ·cited 26×
  The court held that erroneous jury instructions on aiding and abetting, while incorrect under state law, were harmless beyond a reasonable doubt and did not violate federal due process. The court also declined to address the ineffective assistance of counsel claim as it was not r
• Fransaw v. Lynaugh
  810 F.2d 518· 5th Cir.· 1987-02-23 ·cited 26×
  The court held that reinstating dismissed indictment counts after a failed plea bargain does not violate double jeopardy, and conviction for a lesser included offense not explicitly indicted is permissible.
• Andrews v. Shulsen
  802 F.2d 1256· 10th Cir.· 1986-10-06 ·cited 26×
  The court held that the Utah capital punishment statute is constitutional and that the appellant's death sentence was not imposed in violation of the Constitution. The court affirmed the district court's dismissal of the habeas corpus petition.
• Martin v. Solem
  801 F.2d 324· 8th Cir.· 1986-09-16 ·cited 26×
  The dissenting judge would affirm the district court's order granting the writ of habeas corpus, finding the probation revocation violated fundamental fairness principles.
• Ionatana Tamapua v. Edwin Shimoda & the Attorney Gen. of the State of Haw.
  796 F.2d 261· 9th Cir.· 1986-07-31 ·cited 26×
  A state prisoner's conviction violates due process if the evidence, viewed in the light most favorable to the prosecution, does not allow a rational trier of fact to find all essential elements of the crime beyond a reasonable doubt.
• Lacy v. Gardino
  791 F.2d 980· 1st Cir.· 1986-05-27 ·cited 26×
  The court affirmed the denial of the habeas corpus petition, holding that while a Sixth Amendment violation occurred, it was harmless error because the unmasked information was cumulative and did not contribute to the verdict.
• Bryant v. Vose
  785 F.2d 364· 1st Cir.· 1986-03-06 ·cited 26×
  The court held that even if an oral confession was obtained in violation of Miranda, a subsequent written confession obtained after proper warnings is admissible if the oral confession was voluntary, and that the appellant did not receive ineffective assistance of counsel.
• Jones v. United States
  783 F.2d 1477· 9th Cir.· 1986-03-06 ·cited 26×
  The court held that alleged inaccuracies in a presentence report or a sentencing judge's subjective expectations about the Parole Commission's application of guidelines are insufficient grounds to vacate or amend a sentence under 28 U.S.C. § 2255.
• Brown v. A.L. Lockhart
  781 F.2d 654· 8th Cir.· 1986-01-14 ·cited 26×
  The court held that the petitioner's allegation of systematic exclusion of Black persons from jury service was sufficient to warrant an evidentiary hearing, but his claim of ineffective assistance of counsel failed due to lack of prejudice.
• Wilson v. McCARTHY
  770 F.2d 1482· 9th Cir.· 1985-09-12 ·cited 26×
  The court held that the trial court did not abuse its discretion in shackling a defense witness, and the petitioner failed to demonstrate prejudice or the availability of less drastic alternatives.
• Johnson v. Warden Lumpkin
  769 F.2d 630· 9th Cir.· 1985-08-23 ·cited 26×
  The court held that the district court correctly denied Johnson's due process claims but erred in failing to rule on his ineffective assistance of counsel claim.
• Dallo v. Immigr. & Naturalization Serv.
  765 F.2d 581· 6th Cir.· 1985-06-20 ·cited 26×
  The court affirmed the Board of Immigration Appeals' refusals to reopen deportation proceedings and the district court's denial of habeas corpus, finding the petitions frivolous and without merit.
• Turner v. Bass
  753 F.2d 342· 4th Cir.· 1985-01-25 ·cited 26×
  The court held that the statistical evidence presented was too diffused to demonstrate a likelihood of racial prejudice affecting the particular jury, thus not entitling the defendant to have prospective jurors questioned about racial bias as a matter of due process.
• J.B. Stoner v. Graddick
  751 F.2d 1535· 11th Cir.· 1985-01-16 ·cited 26×
  The court held that the petitioner failed to demonstrate substantial prejudice from the pre-indictment delay and that the delay was not for tactical advantage, thus affirming the denial of his habeas corpus petition.
• Aman Abdi v. The State OF Ga.
  744 F.2d 1500· 11th Cir.· 1984-10-26 ·cited 26×
  The court held that a trial court's sua sponte declaration of a mistrial due to a flagrant violation of a rape shield law, even without explicit consent from the defendant, was supported by manifest necessity and did not bar a subsequent retrial.
• Evans v. Meyer
  742 F.2d 371· 7th Cir.· 1984-08-23 ·cited 26×
  A lawyer is not required to advise a client of every theoretically possible but practically hopeless defense, and failure to do so does not render a guilty plea involuntary or constitute ineffective assistance of counsel if prejudice cannot be shown.
• Briggs v. United States Parole Comm'n
  736 F.2d 446· 8th Cir.· 1984-05-29 ·cited 26×
  The Parole Commission violated 18 U.S.C. § 4206(c) by deviating from parole guidelines without providing a statement of reasons. The court reversed the denial of habeas corpus relief.
• Ford v. Louie L. Wainwright
  451 So. 2d 471· Fla.· 1984-05-25 ·cited 26×
  The Florida Supreme Court denied Alvin Ford's petition for habeas corpus and application to stay his execution, rejecting his claims regarding jury instructions and racial discrimination in death penalty application, and holding that section 922.07 establishes the exclusive statu