Habeas Corpus

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

• Virgil v. Lampe
  288 F.2d 881· D.C. Cir.· 1961-03-09 ·cited 24×
  A defendant cannot raise a new issue on appeal that was not presented to the District Court in a Section 2255 motion. Furthermore, issues fully litigated and decided at trial and on direct appeal cannot be relitigated in a Section 2255 proceeding.
• Powell v. Wiman
  287 F.2d 275· 5th Cir.· 1961-02-24 ·cited 24×
  A conviction obtained through the knowing use of false evidence, or the failure to correct false evidence, violates due process, even if the falsity pertains only to witness credibility.
• Turner v. United States
  258 F.2d 165· D.C. Cir.· 1958-07-10 ·cited 24×
  The court held that the district court did not abuse its discretion in denying a second or successive motion to vacate sentence without a hearing.
• Hall v. Looney
  256 F.2d 59· 10th Cir.· 1958-05-29 ·cited 24×
  The court held that a federal court has jurisdiction to sentence a prisoner in federal custody, and the state sovereign can waive its right to custody, allowing concurrent federal sentences.
• United States v. Jackson
  256 F.2d 7· 2d Cir.· 1958-05-19 ·cited 24×
  The court held that a confession obtained during a 23-hour detention, without sleep or food, and with evidence of physical abuse, was involuntary and violated due process.
• Dykes Askew Simmons, Jr. v. United States
  230 F.2d 73· 10th Cir.· 1956-01-30 ·cited 24×
  A motion to vacate a sentence under 28 U.S.C. § 2255 is not the proper vehicle for issues that could have been raised on direct appeal or do not constitute a valid ground for collateral attack.
• Snell v. Mayo
  84 So. 2d 581· Fla.· 1956-01-06 ·cited 24×
  In this habeas corpus appeal, the Florida Supreme Court addressed whether a minor's criminal conviction was invalid due to alleged failure to notify his parents of the charges prior to trial. The court held that the statutory notice requirement was satisfied despite non-complianc
• United States v. Morgan
  222 F.2d 673· 2d Cir.· 1955-05-19 ·cited 24×
  A conviction obtained without advising the defendant of his right to counsel and without an intelligent waiver thereof is void and requires relief, regardless of a showing of innocence or delay in seeking relief.
• Jenkins v. Madigan
  211 F.2d 904· 7th Cir.· 1954-04-15 ·cited 24×
  The court held that a parole violator's subsequent imprisonment for a new crime does not count towards their original sentence, and federal authorities' acquiescence in state custody does not alter this.
• United States ex rel. Collins v. Claudy
  204 F.2d 624· 3d Cir.· 1953-05-07 ·cited 24×
  The court held that imposing an enhanced sentence without notice and an opportunity for the defendant to be heard on the issue of recidivism violates the Fourteenth Amendment's due process clause.
• United States v. Morgan
  202 F.2d 67· 2d Cir.· 1953-02-05 ·cited 24×
  The court held that a writ of error coram nobis may be available to a prisoner serving a state sentence to challenge a prior federal conviction for lack of counsel, and that a hearing is required to determine if counsel was denied or waived.
• United States ex rel. Master v. Baldi
  198 F.2d 113· 3d Cir.· 1952-07-08 ·cited 24×
  The district court erred in dismissing the habeas corpus petition without a hearing, as the allegations of a coerced confession, if true, constitute a violation of due process.
• Wheatley v. United States
  198 F.2d 325· 10th Cir.· 1952-07-03 ·cited 24×
  Allegations of counsel's inexperience or general incompetence, without specific facts showing lack of proper advice or ineffective representation, are insufficient to require a hearing on a motion to vacate sentence under 28 U.S.C.A. § 2255.
• United States ex rel. Auld v. Warden of N.J. State Penitentiary
  187 F.2d 615· 3d Cir.· 1951-01-26 ·cited 24×
  The court held that Section 2254 of the Judicial Code does not preclude a federal court from dismissing a habeas corpus petition on its merits, even if state remedies have not been exhausted.
• Hunter v. Martin
  334 U.S. 302· U.S.· 1948-05-24 ·cited 24×
  A federal sentence deferred to begin after a state sentence is considered to commence when the prisoner is delivered to federal authorities, even if on parole from the state sentence.
• Grant v. Hunter
  166 F.2d 673· 10th Cir.· 1948-03-05 ·cited 24×
  The court held that consecutive sentences are aggregated for good time computation, and a violation of conditional release forfeits all good time credit.
• Nelson v. State
  157 Fla. 412· Fla.· 1946-05-07 ·cited 24×
  The City of Miami had the power to enact an ordinance prohibiting the employment of females to serve liquor by the drink over a bar, and this ordinance does not conflict with the State Beverage Act.
• United States ex rel. Lombardo v. McDONNELL
  153 F.2d 919· 7th Cir.· 1946-02-14 ·cited 24×
  Federal sentences are valid if they clearly indicate the court's intent and avoid serious misapprehension by executing officers, even if they depend on the completion of a state sentence. The Lombardo sentence was void for uncertainty, while the Durkin sentences were not.
• Swihart v. Johnston
  150 F.2d 721· 9th Cir.· 1945-08-06 ·cited 24×
  The court held that a prior denial of a habeas corpus petition, while not res judicata, can be given controlling weight in a subsequent petition if the issues are substantially the same.
• United States v. Estep
  150 F.2d 768· 3d Cir.· 1945-07-06 ·cited 24×
  The court should order a new trial for Estep because he was denied due process and did not have an opportunity to prove it at his original trial.
• Altmayer v. Sanford
  148 F.2d 161· 5th Cir.· 1945-03-12 ·cited 24×
  The court held that the appellant's constitutional rights were not violated by the court-martial proceedings, and therefore, he is not entitled to release from custody.
• JIM Hart and wife Miggie Hart v. Howell
  154 Fla. 878· Fla.· 1944-10-03 ·cited 24×
  The court held that the trial court erred in awarding custody to the natural father, as the grandparents had assumed full responsibility and demonstrated superior affection and commitment to the child's upbringing.
• United States ex rel. Foley v. Ragen
  143 F.2d 774· 7th Cir.· 1944-06-10 ·cited 24×
  The court held that the district court lacked jurisdiction to entertain the habeas corpus petition because the relator had not exhausted his available state remedies.
• Heflin v. Sanford
  142 F.2d 798· 5th Cir.· 1944-05-26 ·cited 24×
  A citizen's obligation to perform lawful public service, even if uncompensated, does not violate the Thirteenth Amendment's prohibition against involuntary servitude.
• Pope v. Huff
  141 F.2d 727· D.C. Cir.· 1944-03-30 ·cited 24×
  The court held that a prior adjudication of issues in a habeas corpus proceeding may be given controlling weight, even if res judicata does not strictly apply.
• Tippitt v. Wood
  140 F.2d 689· D.C. Cir.· 1944-02-07 ·cited 24×
  The court held that a petition for mandamus should be dismissed as it cannot be used to compel the Parole Board to exercise its discretionary power or as a substitute for habeas corpus to review the legality of confinement.
• Crutchfield v. United States
  142 F.2d 170· 9th Cir.· 1943-04-02 ·cited 24×
  This is a dissent and a motion for en banc review, not a final holding on the merits of the underlying case.
• Stafford Allison v. Baker
  152 Fla. 274· Fla.· 1943-01-05 ·cited 24×
  Stafford Allison sought habeas corpus relief while imprisoned under a 15-year sentence, challenging his detention pending a murder indictment. The Florida Supreme Court affirmed the denial of the writ, holding that habeas corpus relief would be futile where the petitioner would r
• Mahaffey v. Hudspeth
  128 F.2d 940· 10th Cir.· 1942-06-15 ·cited 24×
  A defendant waives any objection to venue by entering a plea of guilty and failing to challenge venue in the original criminal proceeding, and cannot raise it in a collateral habeas corpus proceeding.
• Miller v. United States
  128 F.2d 519· 5th Cir.· 1942-05-29 ·cited 24×
  The court held that it has jurisdiction to correct sentencing records to reflect the true sentence pronounced, even after the term has passed, to expunge illegal portions and ensure clarity.
• Levine v. Hudspeth
  127 F.2d 982· 10th Cir.· 1942-05-01 ·cited 24×
  A gross sentence imposed on multiple counts is valid if it does not exceed the maximum penalty for all offenses combined, and denial of the right to appeal is not grounds for habeas corpus relief.
• Clarke v. Huff
  119 F.2d 204· D.C. Cir.· 1941-03-31 ·cited 24×
  The court held that a writ of habeas corpus was properly discharged because the appellant's constitutional rights were not violated during his criminal proceedings.
• Jones v. Cook
  146 Fla. 253· Fla.· 1941-02-25 ·cited 24×
  Ivan Jones challenged his arrest under municipal ordinances for disturbing the peace and damaging public property via habeas corpus, arguing that defects in the charging warrants were reviewable through that writ. The Florida Supreme Court held that while habeas corpus can test t
• Pellicer v. Sweat
  131 Fla. 60· Fla.· 1938-01-10 ·cited 24×
  Bessie Pellicer challenges her detention under a Florida statute requiring a $100 license tax for operating a place where dancing or entertainment is provided for profit. The Florida Supreme Court upholds the statute as a valid exercise of the state's taxing and police power, rej
• State of Fla. ex rel. Inez L. Cline v. Cline
  91 Fla. 300· Fla.· 1926-02-23 ·cited 24×
  This case involves a mother seeking custody of her children from their paternal uncle via a writ of habeas corpus. The appellate court reversed the lower court's decision, finding insufficient cause to deprive the mother of custody.
• Porter v. Vinzant
  49 Fla. 213· Fla.· 1905-01-01 ·cited 24×
  The Florida Supreme Court upheld the denial of habeas corpus to Frank Porter, who challenged his conviction under a Jacksonville city ordinance prohibiting cruelty to animals on the ground that the city charter did not authorize such an ordinance. The court held that general welf
• Stevens v. Fuller
  136 U.S. 468· U.S.· 1890-05-19 ·cited 24×
  A judgment debtor arrested under Massachusetts law for fraudulent conveyance was held in jail after a magistrate found him guilty of fraud and sentenced him to six months imprisonment, despite procedural irregularities in the examination such as the failure to have the debtor sig
• Deparvine v. State
  146 So. 3d 1071· Fla.· 2014-04-24 ·cited 23×
  William James Deparvine appeals the denial of his postconviction motion challenging his death sentence for the November 2003 murders of Rick and Karla Van Dusen. The Florida Supreme Court affirmed the trial court's rejection of all ineffective assistance of counsel claims, consti
• Cary Michael Lambrix v. State
  124 So. 3d 890· Fla.· 2013-06-27 ·cited 23×
  Cary Michael Lambrix, a death row inmate convicted of two murders in 1983, appealed the denial of his fourth and fifth successive motions for postconviction relief and a petition for writ of prohibition. The Florida Supreme Court affirmed all denials, finding that Lambrix's claim
• J.M. v. Gargett
  101 So. 3d 352· Fla.· 2012-10-04 ·cited 23×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a trial court may impose consecutive sentences in secure detention for a juvenile who commits multiple violations of a single probation order. The Court held that section 985.037(2) authorizes
• Martel v. Clair
  565 U.S. 648· U.S.· 2012-03-05 ·cited 23×
  The Supreme Court held that district courts should apply the "interests of justice" standard when evaluating motions to substitute counsel in capital habeas cases under 18 U.S.C. § 3599, borrowing the standard from § 3006A governing non-capital cases. The Court reversed the Ninth
• Wyon Dale Childers v. Floyd
  642 F.3d 953· 11th Cir.· 2011-06-02 ·cited 23×
  Wyon Dale Childers was convicted of bribery and unlawful compensation for official behavior based largely on testimony from Willie Junior, a co-conspirator who entered a plea agreement with the State. Childers sought to cross-examine Junior about the Elliot acquittal and a Notice
• Geralds v. State
  111 So. 3d 778· Fla.· 2010-09-16 ·cited 23×
  Mark Allen Geralds appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief, rejecting Geralds' Brady/Giglio claims, ineffective assistance of counsel
• Wellons v. Hall
  558 U.S. 220· U.S.· 2010-01-19 ·cited 23×
  The Court grants certiorari, vacates the Eleventh Circuit's judgment, and remands the case in light of Cone v. Bell.
• Sanders v. State
  959 So. 2d 1232· Fla. 2d DCA· 2007-06-22 ·cited 23×
  Jessie Sanders petitioned for relief based on ineffective assistance of appellate counsel, arguing that his appellate counsel failed to raise fundamental error regarding a jury instruction on an uncharged alternative theory of aggravated battery on a law enforcement officer. The
• Jahzwah Johnson v. State
  947 So. 2d 1192· Fla. 3d DCA· 2007-01-24 ·cited 23×
  The appellate court affirmed the trial court's denial of the habeas corpus petition without prejudice, finding it was filed in the incorrect court.
• Hart v. Attorney Gen. OF THE State OF Fla.
  323 F.3d 884· 11th Cir.· 2003-03-05 ·cited 23×
  Robert Hart was convicted of two murders and armed robbery based primarily on a taped confession obtained after he signed a Miranda waiver form. The Eleventh Circuit granted habeas relief, holding that Hart's waiver was involuntary and not made with full awareness of his rights b
• Johnson v. Moore
  837 So. 2d 343· Fla.· 2002-09-26 ·cited 23×
  Paul Beasley Johnson, a death-row inmate convicted of three counts of first-degree murder and other serious felonies, petitioned the Florida Supreme Court for a writ of habeas corpus raising ten claims of ineffective assistance of appellate counsel. The Court summarily denied all
• Clemente Hernandez v. Dep't OF Corr.
  761 So. 2d 469· Fla. 3d DCA· 2000-06-28 ·cited 23×
• van Poyck v. Singletary
  715 So. 2d 930· Fla.· 1998-05-14 ·cited 23×
  William Van Poyck, a death row inmate, petitioned for a writ of habeas corpus, claiming ineffective assistance of appellate counsel for failing to properly raise jury selection issues and arguing his convictions for attempted felony murder were legally impossible. The Florida Sup