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

• Card v. Dugger
  911 F.2d 1494· 11th Cir.· 1990-09-04 ·cited 99×
  The court held that counsel's failure to investigate or present testimony suggesting third-party guilt was not ineffective assistance, as the defendant had confessed and the evidence was not clearly exculpatory or ethically required to be presented. Furthermore, counsel's tactica
• State v. Quigg
  94 Fla. 1056· Fla.· 1927-12-06 ·cited 99×
  The Florida Supreme Court upheld a Miami city ordinance prohibiting jitneys and small buses from operating in a downtown congested area, rejecting constitutional challenges on grounds of unreasonableness, discrimination, and due process violations. The court held that cities have
• Israel v. State
  985 So. 2d 510· Fla.· 2008-03-20 ·cited 98×
  Connie Ray Israel appeals the denial of his motion for postconviction relief and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of ineffective assistance of counsel, constitutional defects in Flo
• Mungin v. State
  932 So. 2d 986· Fla.· 2006-04-06 ·cited 98×
  Anthony Mungin, convicted of murder and sentenced to death, challenged his conviction and sentence through a rule 3.850 motion for postconviction relief and habeas petition. The Florida Supreme Court affirmed the trial court's denial of all relief, rejecting claims of ineffective
• Grover Reed v. State
  875 So. 2d 415· Fla.· 2004-04-15 ·cited 98×
  Grover Reed appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus following his 1986 conviction and death sentence for the murder, sexual battery, and robbery of Betty Oermann. The Florida Supreme Court affirms the circuit court's d
• Bertolotti v. Dugger
  514 So. 2d 1095· Fla.· 1987-10-30 ·cited 98×
  The Court held that appellate counsel was not ineffective for failing to raise issues not preserved for appeal or for making a tactical decision during oral argument. Therefore, the petition for habeas corpus and stay of execution are denied.
• Sanchez v. H.G. Miller
  792 F.2d 694· 7th Cir.· 1986-06-09 ·cited 98×
  The dissent argues that the "cause and prejudice" standard for excusing failure to exhaust administrative remedies requires some indicia of reliability for confidential informants, a requirement implicit in Wolff v. McDonnell.
• Wahl v. McIVER
  773 F.2d 1169· 11th Cir.· 1985-10-15 ·cited 98×
  The court held that judges and prosecutors are immune from civil liability for their official acts, and that inmate claims for injunctive relief are moot upon transfer. The court also affirmed the dismissal of claims against the public defender and found no abuse of discretion in
• Westbrook v. Zant
  704 F.2d 1487· 11th Cir.· 1983-05-16 ·cited 98×
  The court held that the trial court's denial of a request for a court-appointed psychologist or psychiatrist to evaluate the impact of long-term incarceration on a capital defendant's mental state was not an abuse of discretion, as the defendant could have presented evidence thro
• Cassius Marsellus Clay, Jr. v. United States
  397 F.2d 901· 5th Cir.· 1968-05-06 ·cited 98×
  The court held that the alleged systematic exclusion of Negroes from draft boards did not invalidate the induction order or deprive the boards of jurisdiction, and that Ali's conviction for refusing induction was therefore affirmed.
• Louie L. Wainwright v. Simpson
  360 F.2d 307· 5th Cir.· 1966-04-11 ·cited 98×
  The court affirmed the judgment but clarified that the exhaustion principle in habeas corpus is a matter of comity, not jurisdiction, and requires exhaustion of state remedies before federal intervention.
• Dolan Darling v. State
  966 So. 2d 366· Fla.· 2007-07-12 ·cited 97×
  Dolan Darling, convicted of first-degree murder and sentenced to death, sought postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a habeas petition. The Florida Supreme Court affirmed the denial of his motion to vacate and rejected his habeas claims, h
• Mordenti v. State
  894 So. 2d 161· Fla.· 2004-12-16 ·cited 97×
  The Florida Supreme Court reversed the denial of Mordenti's postconviction relief motion and remanded for a new trial, finding that the State committed Brady violations by withholding critical impeachment evidence regarding the credibility of its key witness, Gail Mordenti Millig
• Valle v. Moore
  837 So. 2d 905· Fla.· 2002-08-29 ·cited 97×·via Writ Of Habeas Corpus
  Manuel Valle, a death row inmate, petitioned for a writ of habeas corpus raising four claims of ineffective assistance of appellate counsel. The Florida Supreme Court denied all four claims, finding that appellate counsel was not ineffective for failing to raise non-meritorious c
• Melendez v. State
  718 So. 2d 746· Fla.· 1998-06-11 ·cited 97×·via Writ Of Habeas Corpus
  Juan Roberto Melendez, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.850 motion for post-conviction relief based on newly discovered evidence, Brady violations, and ineffective assistance of counsel. The Florida Supreme Court affirmed
• Davidson Joel James v. State
  615 So. 2d 668· Fla.· 1993-03-04 ·cited 97×·via Habeas Corpus Petition
  A defendant who objects at trial to the constitutionality of the jury instruction on the heinous, atrocious, or cruel aggravator and pursues that objection on appeal is entitled to retroactive application of Espinosa v. Florida, which declared that instruction inadequate, and mus
• Shapiro v. Ferrandina
  478 F.2d 894· 2d Cir.· 1973-04-06 ·cited 97×
  The court held that the extraditing magistrate had jurisdiction and venue, that the evidence presented was sufficient under the treaty and federal law, and that the principle of specialty requires a judicial determination of extraditability for each offense.
• Doby v. State
  25 So. 3d 598· Fla. 2d DCA· 2009-12-02 ·cited 96×
  Jeffrey Doby appealed the dismissal of his habeas corpus petition challenging postconviction court's treatment of it as a Rule 3.850 motion. The court affirmed the dismissal, holding that the petition was properly treated as a postconviction motion and was correctly dismissed as
• Farina v. State
  937 So. 2d 612· Fla.· 2006-07-06 ·cited 96×
  Anthony Farina, a death row inmate, sought post-conviction relief and habeas corpus review after his death sentence for his role in a 1992 Taco Bell robbery and murder of a 17-year-old employee. The Florida Supreme Court affirmed the denial of his post-conviction motion and rejec
• Porter v. Crosby
  840 So. 2d 981· Fla.· 2003-01-09 ·cited 96×
  George Porter, Jr. petitioned for a writ of habeas corpus challenging his death sentence for two first-degree murders committed in 1985, raising claims of ineffective assistance of appellate counsel, constitutional defects in sentencing, and other issues. The Florida Supreme Cour
• Drake v. Kemp
  762 F.2d 1449· 11th Cir.· 1985-05-31 ·cited 96×
  The court held that a Sandstrom violation occurred and was not harmless error. The prosecutor's argument also rendered the sentencing phase fundamentally unfair.
• Birt v. Montgomery
  725 F.2d 587· 11th Cir.· 1984-02-13 ·cited 96×
• Jenkins v. Louie L. Wainwright
  322 So. 2d 477· Fla.· 1975-07-02 ·cited 96×
  Catherine Jenkins sought habeas corpus relief from consecutive sentences imposed for possession of cannabis and a hallucinogenic drug. The Florida Supreme Court held that multiple sentences may be imposed for separate drug offenses arising from the same incident, rejecting the 's
• State of Fla. ex rel. Terry Michael Hanks & Rudolph Frank Seymour v. The Honorable Murray Goodman
  253 So. 2d 129· Fla.· 1971-10-06 ·cited 96×
  The Florida Supreme Court answered a constitutional question concerning the Speedy Trial Rule: the 60-day period for bringing a defendant to trial does not begin until after formal charges (indictment, information, or trial affidavit) are filed, not when a pre-charge demand for t
• United States ex rel. Willie Seals, Jr. v. Wiman
  304 F.2d 53· 5th Cir.· 1962-05-30 ·cited 96×
  The court held that the petitioner failed to prove systematic racial discrimination in jury selection, and that claims regarding illegally obtained evidence and prejudicial publicity were not sufficiently supported to warrant habeas corpus relief.
• Miller v. State
  926 So. 2d 1243· Fla.· 2006-03-23 ·cited 95×
  David Miller, Jr., a death row inmate convicted of first-degree murder, appealed the denial of his postconviction relief motion under Rule 3.851 and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of all relief, rejecting ineffective assistance of coun
• Pettway v. State
  776 So. 2d 930· Fla.· 2000-11-09 ·cited 95×
  The Florida Supreme Court denied a habeas corpus petitioner's motion to compel the Second District Court of Appeal to hear his transferred petition challenging his convictions and sentences. The Court held that it would not override a lower court's sanction barring a litigant who
• In re Anthony R. Martin-Trigona. Appeal of Anthony R. Martin-Trigona. Anthony R. Martin-Trigona v. Lavien
  737 F.2d 1254· 2d Cir.· 1984-06-18 ·cited 95×
  The court held that the district court had the power to issue a broad injunction against a vexatious litigant to protect the administration of justice, but erred in extending it to state courts without qualification.
• Smith v. State
  400 So. 2d 956· Fla.· 1981-06-25 ·cited 95×
  Dennis Wayne Smith appeals the denial of post-conviction relief after his death sentence for first-degree murder. The Florida Supreme Court affirms the trial court's denial on most grounds but remands for consideration of a Brady violation claim regarding allegedly undisclosed ev
• State ex rel. Lewis Roberts v. Cochran
  140 So. 2d 597· Fla.· 1962-01-24 ·cited 95×
  Lewis Roberts filed a habeas corpus petition on behalf of his son Charles, challenging the revocation of probation based on convictions obtained in violation of Florida's notice requirements for minor defendants. The Florida Supreme Court held that while probation revocation does
• Butler v. J. W. Perry as Sheriff
  67 Fla. 405· Fla.· 1914-04-28 ·cited 95×
  Jake Butler was convicted of failing to work on public roads when summoned, sentenced to a $5 fine or 30 days imprisonment. On writ of error, he challenged the affidavit as defective, the statute's title as insufficiently descriptive, and the statute as violating constitutional p
• Johnson v. State
  32 F.4th 1092· 11th Cir.· 2022-04-28 ·cited 94×
  The court affirmed in part and reversed in part the denial of postconviction relief, holding that a claim regarding the lack of written reasons for a guideline departure was barred by failure to raise it on direct appeal, but that a claim that the split sentence exceeded the guid
• Valdez-Garcia v. State
  965 So. 2d 318· Fla. 2d DCA· 2007-09-19 ·cited 94×
  Luis Valdez-Garcia appealed the dismissal of his habeas corpus petition filed in the circuit court where he was convicted rather than where he was incarcerated. The court affirmed the dismissal and clarified that habeas petitions challenging convictions must be filed in the count
• Ward v. Dugger
  508 So. 2d 778· Fla. 1st DCA· 1987-06-23 ·cited 94×
  Sharon Ward petitioned for a writ of habeas corpus seeking leave to file a belated motion for post-conviction relief based on alleged ineffective assistance of counsel, claiming her trial attorney blocked her access to case records needed for the motion. The court dismissed the p
• Ramesh Solomon v. Elsea
  676 F.2d 282· 7th Cir.· 1982-04-22 ·cited 94×
  The court held that the Parole Commission's denial of parole was proper, as the statement of reasons was sufficient, the magnitude of the offense constituted good cause for deviation from guidelines, and the Commission did not abuse its discretion by relying on presentence report
• Wilmer Lane Easter v. Estelle
  609 F.2d 756· 5th Cir.· 1980-01-09 ·cited 94×
  The court held that the petitioner's claims regarding jury instructions and ineffective assistance of counsel lacked merit and did not warrant federal habeas corpus relief.
• Josephina Duchesne as Administratrix of the Estate of Pauline Perez v. Jule M. Sugarman
  566 F.2d 817· 2d Cir.· 1977-09-28 ·cited 94×
  The court held that the prolonged retention of children without parental consent or prompt judicial ratification, despite repeated requests for their return, violated the mother's and children's due process rights.
• Levin v. Nicholas deB. Katzenbach
  363 F.2d 287· D.C. Cir.· 1966-05-19 ·cited 94×
  The court held that a conviction may be invalidated if the government negligently failed to disclose exculpatory evidence, even if the defense could have discovered it through due diligence.
• United States ex rel. Darcy v. Handy
  203 F.2d 407· 3d Cir.· 1953-03-24 ·cited 94×
  The court held that the relator must be afforded an opportunity to prove allegations of hysteria and prejudice at his trial, as the undisputed facts did not countervail these claims. The court also found that the lower court erred in dismissing the petition without allowing the r
• Alachua Reg'l Juv. Detention Ctr. v. T.O.
  684 So. 2d 814· Fla.· 1996-12-19 ·cited 93×
  The Florida Supreme Court held that a district court of appeal may entertain a habeas corpus petition challenging a detention order even when it lacks appellate jurisdiction over the trial court that issued the order, provided the detaining facility is within the district court's
• Grigsby v. Mabry
  758 F.2d 226· 8th Cir.· 1985-01-30 ·cited 93×
  The Eighth Circuit held that excluding jurors with absolute scruples against the death penalty from the guilt-innocence phase of a capital trial violates the Sixth Amendment's fair-cross-section requirement because it creates a conviction-prone jury.
• Thompson v. Louie L. Wainwright
  714 F.2d 1495· 11th Cir.· 1983-09-06 ·cited 93×
  A federal court may grant a continuance of a habeas petition to allow a petitioner to exhaust unraised claims in state court, and a state attorney general can waive the exhaustion requirement for federal habeas corpus.
• United States ex rel. Nathaniel Spurlark v. Wolff
  699 F.2d 354· 7th Cir.· 1983-01-28 ·cited 93×
  The court's holding is not explicitly stated in this concurring and dissenting opinion, but it addresses the application of waiver rules to habeas corpus claims.
• Williams v. Maggio
  679 F.2d 381· 5th Cir.· 1982-06-21 ·cited 93×
• Wingate v. Louie L. Wainwright
  464 F.2d 209· 5th Cir.· 1972-07-25 ·cited 93×
  The admission of evidence of prior robberies for which the defendant had been acquitted, and the prosecutor's argument based on that evidence, violated the defendant's Fifth Amendment right against double jeopardy.
• Brown v. Beto
  377 F.2d 950· 5th Cir.· 1967-05-12 ·cited 93×
  The court held that the defendant failed to carry his burden of showing his twenty-five year sentence is constitutionally invalid, and the trial judge exercised sufficient precautions in accepting the guilty plea.
• United States v. Gallagher
  183 F.2d 342· 3d Cir.· 1950-06-21 ·cited 93×
  A defendant should be allowed to submit contentions that he pleaded guilty to a crime he did not commit, potentially through attorney inadvertence.
• State v. Lehman
  100 Fla. 481· Fla.· 1930-08-01 ·cited 93×
  The Florida Supreme Court held that while courts have broad power to punish for contempt, a commitment to jail for direct contempt must be for a definite term, not indefinite. The court discharged the petitioner from an illegal indefinite commitment and remanded him to the circui
• Peede v. State
  955 So. 2d 480· Fla.· 2007-01-11 ·cited 92×
  Robert Peede appeals the denial of his postconviction motion to vacate his first-degree murder conviction and death sentence for killing his estranged wife Darla, and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denials, rejecting cla
• Mansfield v. State
  911 So. 2d 1160· Fla.· 2005-07-07 ·cited 92×·via Writ Of Habeas Corpus
  Scott Mansfield was convicted of first-degree murder and sentenced to death for the brutal killing of Sara Robles in Florida. The Florida Supreme Court affirmed the denial of his Rule 3.851 motion for postconviction relief and his petition for a writ of habeas corpus, finding no