Habeas Corpus

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

• Strozier v. Lanson Newsome
  926 F.2d 1100· 11th Cir.· 1991-03-19 ·cited 23×
  The court held that the record, including witness testimony about pre-trial warnings, sufficiently established that the defendant knowingly and intelligently waived his right to counsel, despite the lack of a formal, on-the-record waiver hearing.
• Stano v. Dugger
  901 F.2d 898· 11th Cir.· 1990-05-01 ·cited 23×
  The court remanded for an evidentiary hearing to determine if a detective was part of the prosecution team and acted under the prosecutor's authority for Brady purposes, and for further consideration of a Sixth Amendment claim regarding an informant.
• Landano v. Rafferty
  897 F.2d 661· 3d Cir.· 1990-02-27 ·cited 23×
  The dissenting judge would hold that the petitioner had exhausted his state remedies, arguing that the new evidence did not fundamentally alter the legal claim already considered by the state courts.
• Smith v. Zant
  887 F.2d 1407· 11th Cir.· 1989-09-29 ·cited 23×
• Ellis v. Lynaugh
  873 F.2d 830· 5th Cir.· 1989-05-30 ·cited 23×
  The dissenting judge believes the trial court erred in excusing venireman Bradshaw for cause, as his responses indicated he would follow the law.
• Ladd v. Jones
  864 F.2d 108· 11th Cir.· 1989-01-23 ·cited 23×
  The court held that the appellant's claims were procedurally barred and that his counsel was not ineffective.
• Bell v. Duckworth
  861 F.2d 169· 7th Cir.· 1988-11-08 ·cited 23×
  Procedural errors committed during a state criminal trial are not grounds for federal habeas corpus relief unless they rise to the level of constitutional error.
• Booker v. Dugger
  520 So. 2d 246· Fla.· 1988-01-14 ·cited 23×
  Stephen Booker petitioned for a writ of habeas corpus to overturn his death sentence for the brutal murder of a 94-year-old woman, raising a Hitchcock claim that the jury was improperly instructed to consider only statutorily enumerated mitigating circumstances. The Florida Supre
• Shepard v. Lane
  818 F.2d 615· 7th Cir.· 1987-05-06 ·cited 23×
  The court held that the petitioner's claims of ineffective assistance of counsel and prosecutorial misconduct did not warrant habeas corpus relief because the overwhelming evidence of guilt rendered any alleged errors harmless.
• Smith v. Armontrout
  812 F.2d 1050· 8th Cir.· 1987-03-02 ·cited 23×
  The court held that a death-row inmate's decision to waive post-conviction remedies is competent and voluntary if he has the capacity to appreciate his position and make a rational choice, even if mental disorders are present, and that such a waiver does not violate the Eighth or
• Evans v. O.L. McCOTTER
  805 F.2d 1210· 5th Cir.· 1986-12-03 ·cited 23×
  The court held that the defendant's claims of present insanity and discriminatory application of the death penalty statute were insufficient to warrant a certificate of probable cause or a stay of execution.
• Bowen v. Maynard
  799 F.2d 593· 10th Cir.· 1986-06-25 ·cited 23×
  The court held that the State violated due process by failing to disclose exculpatory evidence material to the defense, requiring the convictions to be set aside.
• Andrija Artukovic v. Rison
  784 F.2d 1354· 9th Cir.· 1986-02-11 ·cited 23×
  The court denied the motion to stay extradition pending appeal because the appellant failed to demonstrate a probability of success on the merits or that serious legal questions were raised.
• Burger v. Kemp
  753 F.2d 930· 11th Cir.· 1985-02-05 ·cited 23×
  The court held that the defendant was denied effective assistance of counsel due to his attorney's active representation of conflicting interests and failure to present mitigating evidence at sentencing.
• Utah Power & Light Co. v. Interstate Commerce Comm'n & United States
  747 F.2d 721· D.C. Cir.· 1984-10-30 ·cited 23×
  The court held that the Interstate Commerce Commission (ICC) had jurisdiction to review a state commission's decision regarding intrastate rail rates, and that the railroads were not required to exhaust state administrative remedies, specifically a rehearing petition, before peti
• Jones v. Thigpen
  741 F.2d 805· 5th Cir.· 1984-09-17 ·cited 23×
  The court held that the Double Jeopardy Clause bars the State from seeking the death penalty again because the evidence presented at the first trial was legally insufficient to support a finding that the defendant killed or intended to kill the victim, as required by Enmund v. Fl
• State v. Washington
  453 So. 2d 389· Fla.· 1984-07-10 ·cited 23×
  The Florida Supreme Court reversed a trial court order granting David Leroy Washington's motion to vacate his death sentences, holding that Washington's successive post-conviction claims were procedurally barred and lacked merit. The Court vacated the stay of execution and reaffi
• Ambry Dewitt Allen, Jr. v. Montgomery
  728 F.2d 1409· 11th Cir.· 1984-04-06 ·cited 23×
  The court held that the appellant failed to establish that the jury was sequestered at the sheriff's home and that the courtroom security measures, while potentially problematic, were reasonable given the threats and circumstances, thus not depriving him of a fair trial or his pr
• Thomas v. Leeke
  725 F.2d 246· 4th Cir.· 1984-01-12 ·cited 23×
  The trial court's jury instructions were constitutionally adequate, and the state's allocation of the burden of proving self-defense to the defendant does not violate due process.
• Hutchins v. Garrison
  724 F.2d 1425· 4th Cir.· 1983-12-29 ·cited 23×
  The court held that the district court did not err in denying the habeas corpus petition, affirming the denial of relief to the state prisoner.
• Curfew Davis v. Zant
  721 F.2d 1478· 11th Cir.· 1983-12-27 ·cited 23×
  The trial court's jury instruction on malice unconstitutionally shifted the burden of proof to the petitioner, and this error was not harmless beyond a reasonable doubt.
• Elmo Patrick Sonnier v. Maggio
  720 F.2d 401· 5th Cir.· 1983-11-10 ·cited 23×
  The court affirmed the denial of the habeas corpus petition, finding no substantial showing of a federal right denial.
• Arango v. State
  437 So. 2d 1099· Fla.· 1983-09-01 ·cited 23×
  Arango challenges his death sentence for first-degree murder on multiple grounds, including ineffective assistance of counsel on direct appeal, Brady violations from lost and undisclosed physical evidence, and violations of international law. The Florida Supreme Court denies the
• Cooper v. State OF N.C.
  702 F.2d 481· 4th Cir.· 1983-03-10 ·cited 23×
  The court held that the jury instructions, when viewed in their entirety, did not render the trial fundamentally unfair, and thus habeas relief was not warranted.
• Granger v. Fla. State Prison & Bill Price
  424 So. 2d 937· Fla. 1st DCA· 1983-01-05 ·cited 23×
  The court held that a prisoner's petition for a writ of habeas corpus, alleging a denial of a due process hearing before transfer to close management confinement, was sufficient to state a claim upon which relief could be granted, and thus should not have been summarily dismissed
• Colin Clark v. La. State Penitentiary & Attorney Gen.
  694 F.2d 75· 5th Cir.· 1982-12-07 ·cited 23×
  The court held that a jury instruction which allowed co-conspirators to be held responsible for a murder committed during a robbery, without requiring proof of specific intent to kill by the defendant, violated the Fourteenth Amendment by relieving the state of its burden of proo
• Glenn v. Dallman
  686 F.2d 418· 6th Cir.· 1982-08-23 ·cited 23×
  The dissenting judge would affirm the district court's decision and deny the writ, finding that the Ohio Supreme Court's interpretation of aggravated burglary statutes was not irrational and that any instructional error was harmless.
• Hardin v. Louie L. Wainwright
  678 F.2d 589· 5th Cir.· 1982-06-17 ·cited 23×
  The court held that the petitioner was not denied due process by the prosecution's failure to disclose a witness or by the trial court's handling of an inadmissible statement, but remanded for reconsideration of the ineffective assistance of counsel claim under a revised legal st
• Antone v. State
  410 So. 2d 157· Fla.· 1982-01-28 ·cited 23×
  Anthony Antone, convicted of murder and sentenced to death, sought post-conviction relief arguing newly discovered evidence, prosecutorial misconduct, jury selection errors, and an allegedly unlawful arrest. The Florida Supreme Court affirmed the denial of relief, finding no Brad
• Ennis Nettles v. Louie L. Wainwright
  656 F.2d 986· 5th Cir.· 1981-09-21 ·cited 23×
  Failure to object to a magistrate's report and recommendations before the district court accepts them constitutes a waiver of the right to appeal the district court's judgment based on that report.
• Reverend Clovis Carl Green, Jr. v. Carlson
  649 F.2d 285· 5th Cir.· 1981-06-17 ·cited 23×
  The court held that the pro se litigant's numerous motions were frivolous and dismissed them, continuing a prior order's pattern of addressing such filings.
• Holt v. Wyrick
  649 F.2d 543· 8th Cir.· 1981-05-14 ·cited 23×
  The court held that the admission of preliminary hearing testimony and the use of information from tape recordings, even if obtained unconstitutionally, were harmless errors beyond a reasonable doubt, and that the retrial after a mistrial due to jury deadlock did not violate doub
• Hunt v. Roth
  648 F.2d 1148· 8th Cir.· 1981-05-13 ·cited 23×
  The court should not decide the constitutional question presented because the case is moot due to the defendant's conviction and the parties' stipulation does not create a justiciable controversy.
• Denver Ray Pate v. Louie L. Wainwright
  607 F.2d 669· 5th Cir.· 1979-11-27 ·cited 23×
  The court held that the intervening Supreme Court opinion in Jackson v. Virginia does not require reversal of the district court's denial of habeas corpus relief.
• Frank v. Blackburn
  605 F.2d 910· 5th Cir.· 1979-11-02 ·cited 23×
  The court held that while the identification testimony was admissible, the defendant's sentence was unconstitutionally increased because he exercised his right to stand trial after rejecting a plea bargain.
• United States ex rel. Rico Latimore & Arthur Vesey v. Allyn R. Sielaff
  561 F.2d 691· 7th Cir.· 1977-08-26 ·cited 23×
  The trial judge's refusal to communicate with the jury and provide sleeping facilities coerced the jury into reaching a verdict, denying the defendants a fair trial.
• Rosanna Drollinger and Nathan Drollinger v. Milligan
  552 F.2d 1220· 7th Cir.· 1977-04-04 ·cited 23×
  Rosanna's challenge to probation conditions must be brought as a habeas corpus petition, requiring exhaustion of state remedies, while Nathan's challenge to conditions affecting his family rights is a valid civil rights claim under § 1983.
• Wright v. Estelle
  549 F.2d 971· 5th Cir.· 1977-03-30 ·cited 23×
  The court held that even if the petitioner was deprived of a fundamental right to testify, it was harmless error beyond a reasonable doubt due to overwhelming evidence connecting him to the crime.
• United States v. Reeds
  552 F.2d 170· 7th Cir.· 1977-03-01 ·cited 23×
  The court held that it lacks jurisdiction to hear a direct appeal from a magistrate's finding of probable cause; such review must first be sought in the district court.
• Zilka v. Estelle
  529 F.2d 388· 5th Cir.· 1976-03-25 ·cited 23×
  A conviction will not be set aside on a petition for writ of habeas corpus, even if prior counselless felony convictions were used for impeachment, if the error is harmless beyond a reasonable doubt.
• ST. Jules v. Beto
  462 F.2d 1365· 5th Cir.· 1972-07-18 ·cited 23×
  The court held that federal courts may entertain a habeas corpus petition if state courts have unreasonably delayed in acting upon a pending state habeas corpus application.
• Cooper v. Griffin
  455 F.2d 1142· 5th Cir.· 1972-02-07 ·cited 23×
  The court held that mentally retarded individuals, due to their limited capacity, cannot knowingly and intelligently waive their Miranda rights.
• United States ex rel. Joseph Annunziato v. Deegan
  440 F.2d 304· 2d Cir.· 1971-03-26 ·cited 23×
  The court held that the imposition of consecutive sentences for perjury was not cruel and unusual punishment, and that testifying falsely after being compelled to waive immunity did not violate the privilege against self-incrimination.
• Brown v. Peyton
  435 F.2d 1352· 4th Cir.· 1970-12-29 ·cited 23×
  The majority holds that the petitioner's guilty plea was voluntary, interpreting Brady v. United States to permit judicial participation in plea bargaining.
• Johnson v. State
  185 So. 2d 466· Fla.· 1966-04-20 ·cited 23×
  In this petition for rehearing, the Florida Supreme Court clarified that petitioner Johnson could challenge both a set of sentences imposed in 1958 and another set imposed in 1963, despite earlier incorrectly assuming he had already obtained relief on the 1958 sentences. The cour
• FOX v. FOX
  179 So. 2d 103· Fla. 3d DCA· 1965-10-19 ·cited 23×
  A Florida appellate court reversed a trial court's habeas corpus decision that ordered a mother to return children to Indiana for custody determination. The court held that when Florida has jurisdiction over the children, it must decide custody on the merits rather than deferring
• Davis v. State OF N.C.
  339 F.2d 770· 4th Cir.· 1964-12-08 ·cited 23×
  A confession obtained after prolonged incommunicado detention and interrogation, in violation of the accused's right to counsel and under coercive circumstances, must be excluded.
• United States ex rel. Henry H. Staples v. Pate
  332 F.2d 531· 7th Cir.· 1964-05-28 ·cited 23×
  A voluntary and understanding guilty plea waives objections to prior constitutional violations, even if the plea was influenced by evidence obtained from those violations.
• Merino v. United States Marshal
  326 F.2d 5· 9th Cir.· 1963-12-14 ·cited 23×
  The court held that the district court correctly applied the standard for reviewing extradition proceedings and that the commissioner did not abuse his discretion in finding sufficient evidence to certify the appellant for extradition.
• Champion v. Cochran
  128 So. 2d 386· Fla.· 1961-03-29 ·cited 23×
  The Florida Supreme Court denied a petition for a writ of habeas corpus filed on behalf of John D. Champion, who was convicted of escape. The court found the petition did not make a prima facie showing of entitlement to discharge.