Habeas Corpus

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

• State ex rel. Wendell F. Rasco v. Wilhelmina Gates Rasco
  139 Fla. 349· Fla.· 1939-07-18 ·cited 26×
  This case concerns a conflict of jurisdiction over a minor child's custody between Florida and New Jersey courts. The Florida Supreme Court held that the Florida court had jurisdiction because the child resided there with the mother, prioritizing the child's welfare over conflict
• State v. Coleman
  131 Fla. 872· Fla.· 1938-04-04 ·cited 26×
  In this habeas corpus proceeding, the Florida Supreme Court upheld the lower court's quashing of the writ. The court addressed the meaning of "exact" under Florida's bribery/extortion statute and clarified that the offense requires an unlawful demand and receipt of compensation a
• Revell v. Hon. C. S. Dishong
  129 Fla. 9· Fla.· 1937-07-31 ·cited 26×
  Revell seeks habeas corpus discharge from a contempt of court order requiring him to return $2,000.16 paid to him under a peremptory writ of mandamus that was subsequently vacated. The Florida Supreme Court upholds the circuit court's jurisdiction to vacate the judgment and order
• Forrest Lake v. McClelland
  101 Fla. 536· Fla.· 1931-05-08 ·cited 26×
  Forrest Lake challenged his conviction and sentence for making false entries, arguing the sentence was invalid because it referenced an undefined prior sentence without specifying when it began or ended. The Florida Supreme Court held that consecutive sentences must be sufficient
• Cannon Porter v. State
  62 Fla. 79· Fla.· 1911-06-01 ·cited 26×
  This case concerns whether a Justice of the Peace had jurisdiction to try a hog theft case. The appellate court found that the Justice of the Peace lacked jurisdiction because the value of the stolen property was not stated, which is necessary to determine if the offense was a mi
• Miller v. Miller
  38 Fla. 227· Fla.· 1896-06-01 ·cited 26×
  A habeas corpus proceeding concerning custody of a minor child between separated parents. The Florida Supreme Court reversed the trial court's decision to award custody to a maternal aunt, holding that the father's paramount common law right to custody of his legitimate child sho
• Drewery Geter v. State
  115 So. 3d 385· Fla. 3d DCA· 2013-06-26 ·cited 25×
  The dissenting judge argues that the U.S. Supreme Court's decision in Miller v. Alabama, which declared mandatory life without parole for juveniles unconstitutional, should be applied retroactively to cases already final on direct appeal. The dissent contends that the nature of t
• Johnson v. State
  9 So. 3d 640· Fla. 4th DCA· 2009-03-11 ·cited 25×
  The court held that a manifest injustice occurred by denying a defendant the same relief afforded to similarly situated defendants, and granted a writ of habeas corpus.
• Taylor v. State
  3 So. 3d 986· Fla.· 2009-01-29 ·cited 25×
  Perry Alexander Taylor appeals the trial court's denial of his postconviction motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for writ of habeas corpus. The Florida Supreme Court affirms the deni
• Broderick W. Monlyn v. State
  894 So. 2d 832· Fla.· 2004-12-02 ·cited 25×
  Broderick Monlyn appeals the denial of his motion for postconviction relief and petitions for habeas corpus following his 1993 conviction for first-degree murder, armed robbery, and armed kidnapping, and subsequent death sentence. The Florida Supreme Court addresses his ineffecti
• Hamilton v. State
  875 So. 2d 586· Fla.· 2004-06-03 ·cited 25×
  Richard Eugene Hamilton, a death row inmate, 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 challenging his conviction for first-degree murder and sentence of death. The Florida
• Fannings Johnson v. Fla. Parole Comm'n & James V. Crosby, Jr.
  841 So. 2d 615· Fla. 1st DCA· 2003-04-03 ·cited 25×
  The circuit court improperly denied a petition for writ of habeas corpus as a successive petition, as it challenged the parole revocation, not the presumptive parole release date.
• Davis v. State
  789 So. 2d 978· Fla.· 2001-07-12 ·cited 25×
  The Florida Supreme Court established a procedural rule for capital appeals, holding that it will not accept pro se filings from represented defendants that contain claims of ineffective assistance of appellate counsel, requests to dismiss counsel, or supplemental bases for relie
• Jimi L. Birge v. State
  620 So. 2d 234· Fla. 1st DCA· 1993-06-18 ·cited 25×
  The court held that the petitioner's pro se filings substantially interfered with judicial administration and prohibited him from appearing pro se in the future.
• Harding v. Leoneal Davis
  878 F.2d 1341· 11th Cir.· 1989-08-03 ·cited 25×
  The court held that the trial judge erred in allowing confusion between pro se representation and appointed counsel, violating the defendant's Sixth Amendment right to counsel, and that counsel's failure to object to a directed verdict constituted ineffective assistance of counse
• Stewart v. Dugger
  877 F.2d 851· 11th Cir.· 1989-06-27 ·cited 25×
  The court affirmed the denial of the federal habeas petition, finding no merit in the petitioner's claims regarding the trial judge's comments, improper juror exclusion, ineffective assistance of counsel, or racial discrimination in sentencing.
• Harich v. State
  542 So. 2d 980· Fla.· 1989-04-20 ·cited 25×
  Roy Allen Harich, a death row inmate, appealed the denial of his postconviction motion for relief and sought a stay of execution, raising multiple claims of ineffective assistance of counsel and constitutional violations. The Florida Supreme Court remanded for an evidentiary hear
• United States v. Ugalde
  861 F.2d 802· 5th Cir.· 1988-11-29 ·cited 25×
  A claim of ineffective assistance of counsel based on facts known to the defendant at trial cannot be considered 'newly discovered evidence' under Federal Rule of Criminal Procedure 33, and such claims are properly addressed through a habeas corpus petition, not a motion for a ne
• Moore v. Dugger
  856 F.2d 129· 11th Cir.· 1988-09-28 ·cited 25×
  The court held that the petitioner's confession was voluntary and not obtained in violation of his Miranda rights, and therefore affirmed the denial of his habeas corpus petition.
• Frans Theron v. United States Marshal
  832 F.2d 492· 9th Cir.· 1987-11-10 ·cited 25×
  The court held that the offenses charged were within the extradition treaty and that there was sufficient evidence to establish probable cause for extradition, affirming the denial of the habeas corpus petition.
• Bennie Demps v. Dugger
  514 So. 2d 1092· Fla.· 1987-10-30 ·cited 25×
  The majority erred in labeling the sentencing instruction error as harmless, as it improperly restricted the jury's consideration of mitigating evidence.
• Villaume v. United States Dep't of Just.
  804 F.2d 498· 8th Cir.· 1986-11-05 ·cited 25×
  The court held that time spent on pre-trial bond, even with reporting conditions, does not constitute 'custody' for the purpose of sentence credit under 18 U.S.C. § 3568.
• Martin v. O.L. McCOTTER
  796 F.2d 813· 5th Cir.· 1986-08-13 ·cited 25×
  The court held that the petitioner did not demonstrate ineffective assistance of counsel, as his counsel's actions, while potentially deficient in some aspects, did not prejudice the defense to the extent required by Strickland v. Washington.
• Augusta Charles Givens v. Housewright
  786 F.2d 1378· 9th Cir.· 1986-04-11 ·cited 25×
  The court held that the information filed against the petitioner was constitutionally inadequate to provide notice of a murder by torture charge, and this constitutional error was not harmless beyond a reasonable doubt.
• Thompson v. Crawford
  479 So. 2d 169· Fla. 3d DCA· 1985-11-20 ·cited 25×
  Thompson was acquitted by reason of insanity via stipulation while found incompetent to stand trial, but the trial court later vacated the acquittal and judgment. On appeal, the court held that no double jeopardy bar existed because jeopardy never attached—there was no valid tria
• Middleton v. Hoyt C. Cupp
  768 F.2d 1083· 9th Cir.· 1985-08-14 ·cited 25×
  The court held that the admission of polygraph testimony did not rise to a constitutional dimension, and the jury instruction issue was procedurally barred due to waiver under state law without sufficient cause.
• Cody v. Solem
  755 F.2d 1323· 8th Cir.· 1985-02-19 ·cited 25×
  The court held that the district court erred in broadly applying Stone v. Powell to bar all claims, but affirmed the denial of habeas relief because the search consent was voluntary and the other claims lacked merit.
• United States v. Larry W.G. Giddings
  740 F.2d 770· 9th Cir.· 1984-08-17 ·cited 25×
  The court held that a motion for correction of sentence under Fed.R.Crim.P. 35(a) or a motion under 28 U.S.C. § 2255 is not the proper vehicle to challenge the execution of a sentence, and that review of sentence execution must be sought via a habeas corpus petition under 28 U.S.
• Arrowood v. Clusen
  732 F.2d 1364· 7th Cir.· 1984-05-02 ·cited 25×
  The court held that the defense counsel's failure to request a jury instruction on the trustworthiness of pretrial statements and failure to elicit testimony from the petitioner regarding his condition during interrogations constituted ineffective assistance of counsel that may h
• Jameson v. Louie L. Wainwright
  719 F.2d 1125· 11th Cir.· 1983-11-17 ·cited 25×
  The introduction and comment on evidence of collateral drug crimes did not deprive the defendant of fundamental fairness, thus habeas corpus relief was properly denied.
• Buford v. Louie L. Wainwright
  428 So. 2d 1389· Fla.· 1983-03-17 ·cited 25×
  The court held that appellate counsel provided reasonably effective assistance, and therefore the petition for writ of habeas corpus must be denied.
• Cepulonis v. Ponte
  699 F.2d 573· 1st Cir.· 1983-02-07 ·cited 25×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or involuntary guilty pleas, as his alibi lacked substance and the misinformation regarding parole eligibility was not material to his decision to plead guilty.
• Burns v. W.J. Estelle, Jr.
  695 F.2d 847· 5th Cir.· 1983-01-17 ·cited 25×
  A federal habeas petition containing both exhausted and unexhausted claims must be dismissed in its entirety to ensure total exhaustion of state remedies.
• Gulliver v. Dalsheim
  687 F.2d 655· 2d Cir.· 1982-09-09 ·cited 25×
  The court vacated the district court's order granting habeas corpus and remanded for further proceedings to determine if petitioner exhausted state remedies and properly raised his claims.
• Louis v. Nelson
  544 F. Supp. 973· S.D. Fla.· 1982-06-18 ·cited 25×
  The court held that it had jurisdiction to hear the case, finding that the plaintiffs' claims regarding the Administrative Procedure Act and discriminatory application of the detention policy were not barred by the exhaustion of administrative remedies doctrine.
• Palma v. Verdeyen
  676 F.2d 100· 4th Cir.· 1982-04-07 ·cited 25×
  The court held that the Attorney General has implicit authority to detain an excludable alien indefinitely when return is impracticable and parole is denied, and that the denial of parole in this case was not an abuse of discretion.
• Bush v. Muncy
  659 F.2d 402· 4th Cir.· 1981-09-04 ·cited 25×
  Violations of the Interstate Agreement on Detainers (IAD) trial-before-return provisions are not cognizable under 28 U.S.C. § 2254 habeas corpus, but can be grounds for relief under 42 U.S.C. § 1983. Prosecutorial immunity bars claims against Maryland officials, but claims agains
• Broussard v. Lippman
  643 F.2d 1131· 5th Cir.· 1981-04-27 ·cited 25×
  The court held that the district court exceeded its authority by dismissing charges as a sanction for the Parole Commission's tardiness, and that the Government's appeal was timely.
• In re Assarsson
  635 F.2d 1237· 7th Cir.· 1980-10-31 ·cited 25×
  The court held that the magistrate's determination of whether formal charges were filed is not reviewable on habeas corpus, and that the Copenhagen arson is an extraditable offense under the treaty.
• United States ex rel. Beaumont Gereau v. Henderson
  526 F.2d 889· 5th Cir.· 1976-02-06 ·cited 25×
  Administrative transfers of prisoners do not require notice, hearing, or other due process safeguards, as these decisions are within the sound discretion of prison authorities.
• Lemuel Marion Shirley, Jr. v. State OF N.C.
  528 F.2d 819· 4th Cir.· 1975-10-06 ·cited 25×
  The denial of a continuance to secure an essential defense witness, when the trial had already been significantly delayed by the state, amounted to an abuse of discretion of constitutional dimension, rendering the conviction invalid.
• United States ex rel. Chester Wojtycha v. Hopkins
  517 F.2d 420· 3d Cir.· 1975-05-29 ·cited 25×
  A probationary sentence, coupled with the possibility of incarceration for non-payment of costs, is sufficient to establish federal habeas corpus jurisdiction. A dismissal by the Supreme Court for want of a substantial federal question is dispositive of constitutional challenges
• Bijeol v. Benson
  513 F.2d 965· 7th Cir.· 1975-04-15 ·cited 25×
  A representative action analogous to a class action may be maintained in habeas corpus proceedings for prisoners sentenced under 18 U.S.C. § 4208(a)(2), but it must be limited to prisoners within the district where the action is filed.
• McLAWHORN v. State OF N.C.
  484 F.2d 1· 4th Cir.· 1973-09-10 ·cited 25×
  The court held that the State's refusal to reveal the identity of an informant who actively participated in the drug transaction violated the petitioner's due process rights.
• United States v. Meyers
  484 F.2d 113· 3d Cir.· 1973-08-31 ·cited 25×
  The court held that a new trial is warranted for Reina due to the discovery of perjured testimony that was crucial to his conviction, while DiStefano's conviction is affirmed as the new evidence would only further implicate him.
• Carlton v. Estelle
  480 F.2d 759· 5th Cir.· 1973-06-28 ·cited 25×
  The court held that a warrantless search of an automobile is permissible when conducted with probable cause and under exigent circumstances, even if the car is stationary at the time of arrest.
• Dolphus L. Dulin v. Henderson
  448 F.2d 1238· 5th Cir.· 1971-09-13 ·cited 25×
  The court held that the record did not sufficiently demonstrate that the appellant knowingly and intelligently waived his right to counsel or understood the consequences of his guilty plea.
• Lurie v. Oberhauser
  431 F.2d 330· 9th Cir.· 1970-08-14 ·cited 25×
  The court held that the police had probable cause to arrest the petitioners and that the petitioners lacked standing to challenge the search of the suitcase because they disclaimed ownership and possession.
• Remp v. State
  248 So. 2d 677· Fla. 1st DCA· 1970-07-21 ·cited 25×
  The court held that a petitioner is estopped from asserting a claim for a belated appeal after an inordinate delay, especially when the only witness who could refute the claim is deceased.
• Frizzell v. State
  238 So. 2d 67· Fla.· 1970-07-08 ·cited 25×
  The Florida Supreme Court rejected the concurrent sentence doctrine as a bar to habeas corpus relief, holding that prisoners may challenge individual sentences even when other concurrent sentences preclude immediate release. Although the court adopted this important procedural ru