Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count

• Sayne v. Shipley
  418 F.2d 679· 5th Cir.· 1969-11-10 ·cited 25×
  The court held that the Canal Zone Code provisions for extradition to Panama, based on the 1903 Treaty, do not violate due process, as habeas corpus review provides sufficient judicial scrutiny.
• Irving v. Breazeale
  400 F.2d 231· 5th Cir.· 1968-08-27 ·cited 25×
  The court affirmed the denial of the habeas corpus petition regarding the conviction but remanded for a determination of issues raised by Witherspoon v. State of Illinois concerning the death sentence.
• Poulson v. Turner
  359 F.2d 588· 10th Cir.· 1966-04-19 ·cited 25×
  The court held that the alleged trial errors did not deprive the petitioner of fundamental constitutional rights, and thus habeas corpus relief was not warranted.
• Hoyt E. Morris and Viola Morris v. Myron M. Kridel
  179 So. 2d 130· Fla. 2d DCA· 1965-09-21 ·cited 25×
  In a habeas corpus dispute over custody of a minor child, the Florida District Court of Appeal reversed a trial court order requiring the child's return to New Jersey, holding that a Florida court has jurisdiction to determine custody based on the child's best interests rather th
• United States ex rel. John McGRATH v. LaVALLEE
  348 F.2d 373· 2d Cir.· 1965-07-14 ·cited 25×
  The court held that the guilty plea was voluntary and not the product of coercion, and that a new claim regarding sentencing based on an allegedly erroneous probation report was not yet ripe for federal adjudication due to failure to exhaust state remedies.
• Dupree POE v. Gladden
  287 F.2d 249· 9th Cir.· 1961-01-25 ·cited 25×
  The court held that an informal application for a certificate of probable cause could serve as a notice of appeal, but it was not timely in this case. The court also declined to treat a clerk's letter as a modification of a prior order or an extension of time for appeal.
• Carlson v. Landon
  186 F.2d 183· 9th Cir.· 1950-12-16 ·cited 25×
  The court held that the Attorney General's discretion to deny bail to a deportable alien is not absolute and must be based on specific facts, not mere conclusions, and is subject to judicial review for abuse.
• United States ex rel. Trinler v. Carusi
  166 F.2d 457· 3d Cir.· 1948-02-16 ·cited 25×
  The court held that the finality clause of the Immigration Act of 1917 is within the excepting clause of the Administrative Procedure Act, limiting judicial review.
• Fowler v. Hunter
  164 F.2d 668· 10th Cir.· 1947-11-17 ·cited 25×
  The court held that the petitioner was not entitled to discharge on habeas corpus because the issues raised were previously decided or waived, and the delay in trial did not warrant habeas relief without a proper demand.
• Michener v. Johnston
  141 F.2d 171· 9th Cir.· 1944-02-28 ·cited 25×
  The court held that the determination of whether there was an intelligent waiver of the right to counsel depends on the particular facts and circumstances, and the lower court's conclusion of waiver was not sufficiently supported by its findings.
• Ex parte Catanzaro. Appeal of Catanzaro
  138 F.2d 100· 3d Cir.· 1943-09-23 ·cited 25×
  Habeas corpus is not available to review a registrant's classification by a Draft Board prior to his induction or prosecution for failure to report.
• De Marcos v. Overholser
  137 F.2d 698· D.C. Cir.· 1943-08-09 ·cited 25×
  The court held that while it is desirable for the District Court to seek the assistance of the Commission on Mental Health in habeas corpus proceedings concerning an individual's sanity, it is not mandatory, especially when the petitioner refuses examination.
• Young v. Stoutamire
  131 Fla. 535· Fla.· 1938-02-22 ·cited 25×
  The Florida Supreme Court quashed a circuit court order that directed the sheriff to retain bond money deposited by petitioners in a habeas corpus proceeding. The Court held that money in custodia legis (legal custody) and held by order of the Supreme Court cannot be controlled o
• Martin v. State
  123 Fla. 143· Fla.· 1936-03-03 ·cited 25×
  The Florida Supreme Court reviewed a criminal conviction from Dade County and found that the charging document (information) failed to allege the essential element of felonious intent required for the offense charged. Although the writ of error was filed outside the statutory tim
• Cormack v. Coleman
  120 Fla. 1· Fla.· 1935-05-28 ·cited 25×
  The Florida Supreme Court upheld contempt of court convictions against a newspaper editor and reporter for publishing false statements about a circuit judge presiding over a criminal case. The court rejected constitutional challenges to a statute authorizing the Governor to assig
• Mendenhall v. Sweat
  117 Fla. 659· Fla.· 1934-12-17 ·cited 25×
  The Supreme Court of Florida reviewed a habeas corpus proceeding where bail was set at $100,000 for a murder charge. The court found the bail amount excessive and reversed the lower court's decision, remanding the case for reconsideration.
• In re Rivero
  797 F.3d 986· 11th Cir.· 2015-08-12 ·cited 24×
  The Supreme Court's decision in Johnson v. United States, which declared the residual clause of the Armed Career Criminal Act (ACCA) unconstitutionally vague, announced a new substantive rule of constitutional law. This rule is retroactive to cases on collateral review because it
• Fla. Parole Comm'n v. Taylor
  132 So. 3d 780· Fla.· 2014-01-23 ·cited 24×
  The Florida Supreme Court reversed the First District Court of Appeal's decision granting second-tier certiorari relief in a parole revocation case, holding that once an inmate receives a full review of a parole decision in circuit court, they are not entitled to a second plenary
• Jackson v. State
  127 So. 3d 447· Fla.· 2013-09-19 ·cited 24×
  Michael Jackson seeks postconviction relief and habeas corpus review after conviction for first-degree murder, robbery, and kidnapping of an elderly couple in 2005. The Florida Supreme Court affirms the denial of relief, holding that Jackson failed to demonstrate ineffective assi
• Brown v. Plata
  563 U.S. 493· U.S.· 2011-05-23 ·cited 24×
  The Supreme Court affirmed a three-judge district court order requiring California to reduce its prison population to 137.5% of design capacity within two years to remedy severe, ongoing Eighth Amendment violations in the provision of medical and mental health care to prisoners.
• Farrell v. State
  62 So. 3d 20· Fla. 1st DCA· 2011-03-22 ·cited 24×
  The court held that a petition for writ of habeas corpus is an improper method to collaterally attack a judgment and sentence when other remedies have been exhausted or are time-barred.
• Harvey v. Warden, Union Corr. Inst., Warden, Fla. State Prison, Sec'y, Fla. Dep't of Corr., Attorney Gen. of Fla.
  629 F.3d 1228· 11th Cir.· 2011-01-06 ·cited 24×
  Harold Lee Harvey, Jr., convicted of two counts of first-degree murder in 1986 and sentenced to death, appealed the denial of his federal habeas corpus petition challenging his conviction and sentence on four grounds of ineffective assistance of counsel. The Eleventh Circuit affi
• Stang v. State
  24 So. 3d 566· Fla. 2d DCA· 2009-07-31 ·cited 24×
  Warren Stang petitions for habeas corpus relief challenging an amended sentencing order that the trial court entered without notice, jurisdiction, or his presence while his direct appeal was pending. The court grants the petition, finding the amended sentence void and illegal, an
• Cummings-El v. State
  863 So. 2d 246· Fla.· 2003-10-09 ·cited 24×
  Frederick Cummings-El appeals the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of both the postconvictio
• Horn v. Banks
  536 U.S. 266· U.S.· 2002-06-17 ·cited 24×
  The Court held that federal courts must address the Teague retroactivity question when properly argued by the government, even when applying AEDPA standards.
• Lynwood Williams v. State
  777 So. 2d 947· Fla.· 2000-11-22 ·cited 24×
  The Florida Supreme Court held that a defendant may file a belated appeal from the denial of a postconviction motion when counsel fails to timely file the appeal after being requested to do so, applying flexible due process standards similar to those in Steele v. Kehoe. The Court
• Booker v. Dugger
  922 F.2d 633· 11th Cir.· 1991-01-14 ·cited 24×
  The court affirmed the district court's grant of habeas corpus, holding that the petitioner's death sentence was imposed in violation of Hitchcock v. Dugger because the sentencing court was precluded from considering nonstatutory mitigating evidence, and this error was not harmle
• Andersen v. Thieret
  903 F.2d 526· 7th Cir.· 1990-06-05 ·cited 24×
  The court held that the petitioner's confession was voluntary and that the admission of his statements did not violate Miranda, affirming the denial of his habeas petition.
• Solomon Monk v. Colonel Gordon N. Zelez
  901 F.2d 885· 10th Cir.· 1990-04-25 ·cited 24×
  The court held that the military judge's reasonable doubt instruction impermissibly lessened the prosecution's burden of proof, violating the defendant's due process rights.
• Simmons v. Reynolds
  898 F.2d 865· 2d Cir.· 1990-03-12 ·cited 24×
  The court held that while a six-year delay in hearing an appeal violated due process rights, the subsequent affirmance of the conviction rendered release from custody inappropriate, and damages were the proper remedy for any remaining prejudice.
• Smith v. Freeman
  892 F.2d 331· 3d Cir.· 1989-12-29 ·cited 24×
  The court held that the state courts failed to provide a full and fair evidentiary hearing on the defendant's mental competency at the time of his guilty plea, entitling him to a federal evidentiary hearing.
• Lundy v. Donal Campbell and Charles W. Burson
  888 F.2d 467· 6th Cir.· 1989-11-01 ·cited 24×
  The court held that while the trial court erred in limiting cross-examination, the cumulative effect of the alleged errors did not render the trial fundamentally unfair, and thus, habeas relief was not warranted.
• Viens v. Daniels
  871 F.2d 1328· 7th Cir.· 1989-03-29 ·cited 24×
• United States v. Osser
  864 F.2d 1056· 3d Cir.· 1988-12-29 ·cited 24×
  A mail fraud conviction based on a scheme that demonstrably caused monetary loss to the victim, even if also charged under an invalidated 'honest services' theory, can be sustained.
• Williams v. A.L. Lockhart
  849 F.2d 1134· 8th Cir.· 1988-06-24 ·cited 24×
  The district court erred in denying the habeas petition without an evidentiary hearing, as there were disputed material facts regarding ineffective assistance of counsel and the state court failed to provide a full and fair hearing.
• Dickson v. G.E. Sullivan
  849 F.2d 403· 9th Cir.· 1988-06-13 ·cited 24×
  The court held that a deputy sheriff's statement to two jurors that the defendant had "done something like this before" created a reasonable possibility of prejudice, requiring reversal of the habeas corpus denial.
• Roussell v. Jeane
  842 F.2d 1512· 5th Cir.· 1988-04-28 ·cited 24×
  The Sixth Amendment was not violated by the exclusion of psychiatric testimony regarding the defendant's amnesia, as the testimony was not material or vital to the defense. The sentencing court's comments did not demonstrate an unconstitutional reliance on a finding of guilt for
• Julius v. W.J. Johnson
  840 F.2d 1533· 11th Cir.· 1988-03-09 ·cited 24×
  The court held that while counsel was ineffective for failing to request a cautionary instruction regarding the prior conviction, this did not prejudice the defendant. Other claims of ineffective assistance were rejected.
• Williams v. Lynaugh
  814 F.2d 205· 5th Cir.· 1987-04-10 ·cited 24×
  The admission of unadjudicated criminal conduct evidence in the punishment phase of a capital trial does not violate the Eighth and Fourteenth Amendments, nor does the differential treatment of capital versus non-capital cases violate the Equal Protection Clause.
• Roberts v. Corrothers
  812 F.2d 1173· 9th Cir.· 1987-03-16 ·cited 24×
  The court held that it lacks jurisdiction to review the Parole Commission's discretionary decisions, even if framed as constitutional claims, unless the Commission acted outside its statutory discretion or violated the Constitution.
• Dutton v. John N. Brown & the Attorney Gen. of the State of Okla.
  812 F.2d 593· 10th Cir.· 1987-02-19 ·cited 24×
  The court held that the mechanistic application of a sequestration rule to exclude critical mitigating evidence, despite the trial court's discretion to allow it, deprived the petitioner of a fair trial.
• Amanullah & Wahidullah v. Nelson
  811 F.2d 1· 1st Cir.· 1987-02-04 ·cited 24×
  The court held that excludable aliens detained pending exclusion proceedings have no constitutional right to release on parole, and the denial of parole is reviewed under a 'facially legitimate and bona fide reason' standard, not 'abuse of discretion'.
• Wilburn Dobbs v. Kemp
  809 F.2d 750· 11th Cir.· 1987-01-23 ·cited 24×
  The court held that the evidence presented was insufficient to establish a prima facie case of grand jury discrimination based on gender.
• Bennie E. Demps v. Louie L. Wainwright
  805 F.2d 1426· 11th Cir.· 1986-12-02 ·cited 24×
  The court affirmed the denial of the petition for writ of habeas corpus, finding no merit to the claims of suppressed witness deals, unconstitutional cross-examination limitations, or state interference with a defense witness.
• Gibson v. Scheidemantel
  805 F.2d 135· 3d Cir.· 1986-11-17 ·cited 24×
  The court held that a federal habeas corpus petition containing unexhausted claims must be dismissed, and that the petitioner had not demonstrated futility in pursuing state remedies for his claims.
• Kramer v. O.C. Jenkins
  803 F.2d 896· 7th Cir.· 1986-10-15 ·cited 24×
  The Parole Commission may rely on an IRS Deficiency Notice to determine tax liability for parole purposes, provided the taxpayer is afforded due process.
• Cartwright v. Maynard
  802 F.2d 1203· 10th Cir.· 1986-09-29 ·cited 24×
  The court held that considering the suffering of a surviving victim is a constitutionally permissible way to determine if a murder was 'especially heinous, atrocious, and cruel.'
• Code v. Montgomery
  799 F.2d 1481· 11th Cir.· 1986-09-22 ·cited 24×
  The court held that the defendant received ineffective assistance of counsel because his attorney failed to adequately investigate an alibi defense and failed to move for a continuance, thus depriving him of a fair trial.
• Messer v. Kemp
  794 F.2d 572· 11th Cir.· 1986-07-08 ·cited 24×
• Junji Yamamoto v. U.S. Parole Comm'n
  794 F.2d 1295· 8th Cir.· 1986-06-27 ·cited 24×
  The court held that the retrospective application of federal parole guidelines does not violate the ex post facto clause because the guidelines are not laws and do not result in a more onerous punishment due to the Parole Commission's retained discretion.