Habeas Corpus

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

• Wagner v. Hunter
  161 F.2d 601· 10th Cir.· 1947-05-08 ·cited 22×
  The court held that the petitioner's claims of fraud, denial of counsel, and jurisdictional defects were without merit, and therefore affirmed the lower court's order.
• Sumio Madokoro v. DEL Guercio
  160 F.2d 164· 9th Cir.· 1947-02-27 ·cited 22×
  The court held that the alien's re-entry into the United States was illegal because he was ineligible for citizenship, and therefore the deportation order was legal and valid.
• Gillespie v. Hunter
  159 F.2d 410· 10th Cir.· 1947-01-16 ·cited 22×
  The court held that a petitioner is not deprived of constitutional rights when probation is revoked without counsel if counsel was previously waived, and that the court can impose the original sentence upon revocation without violating double jeopardy principles.
• Wilfong v. Johnston
  156 F.2d 507· 9th Cir.· 1946-06-27 ·cited 22×
  The court held that the petitioner was deprived of his Sixth Amendment right to counsel at the time of sentencing, rendering the sentence void, but the conviction itself remained valid.
• Kirk v. Siquier
  150 F.2d 3· 9th Cir.· 1945-06-01 ·cited 22×
  A state parole board has the authority to parole a prisoner into the custody of federal authorities to serve a federal sentence, and this action triggers the commencement of the federal sentence.
• Tompsett v. State OF Ohio
  146 F.2d 95· 6th Cir.· 1944-12-14 ·cited 22×
  The court held that a defendant's knowing acquiescence in his attorney's conduct, even if negligent or misconduct, prevents the attorney's actions from constituting grounds for habeas corpus relief under the Fourteenth Amendment.
• United States ex rel. Trainin v. Cain
  144 F.2d 944· 2d Cir.· 1944-08-15 ·cited 22×
  The court held that the Selective Service boards' decision denying exemption was supported by substantial evidence and did not violate due process, affirming the dismissal of the habeas corpus petition.
• Pagliaro v. COX
  143 F.2d 900· 8th Cir.· 1944-07-27 ·cited 22×
  The court held that forfeiture of good time for an escape en route to prison is permissible and not considered double punishment.
• Gould v. Green
  141 F.2d 533· D.C. Cir.· 1944-02-28 ·cited 22×
  The District of Columbia Board of Indeterminate Sentence and Parole has the power to impose conditions on prisoners released after serving their full sentence less good conduct deductions, and to recommit them for violations.
• Hodge v. Huff
  140 F.2d 686· D.C. Cir.· 1944-02-07 ·cited 22×
  The court held that a petition for a writ of habeas corpus is not the proper vehicle to challenge a conviction based on allegations of perjury, especially when the judgment is not void.
• Ex parte Stanziale. Appeal of Paullin
  138 F.2d 312· 3d Cir.· 1943-10-06 ·cited 22×
  The court held that the wife failed to demonstrate that the draft board's reclassification of her husband from III-A to I-A was arbitrary or capricious, thus not entitling him to judicial relief.
• Delany v. Moraitis
  136 F.2d 129· 4th Cir.· 1943-05-27 ·cited 22×
  The court held that deportation to the government-in-exile of a country, even if its territory is occupied, satisfies the statutory requirement to deport to the 'country whence they came'.
• Welch v. Hudspeth
  132 F.2d 434· 10th Cir.· 1942-12-22 ·cited 22×
  The court held that defects in an indictment not affecting the trial court's jurisdiction are not grounds for habeas corpus relief.
• McDONALD v. Hudspeth
  129 F.2d 196· 10th Cir.· 1942-06-17 ·cited 22×
  The court held that the failure to perfect an appeal is not grounds for habeas corpus relief, and the sentence imposed was not excessive as each count charged a distinct offense.
• Ingo v. Koch
  127 F.2d 667· 2d Cir.· 1942-04-15 ·cited 22×
  The court held that the action against the sheriff and his deputies was barred by the one-year statute of limitations because their actions, even if malicious, were performed in their official capacity.
• Orr v. Quigg
  135 Fla. 653· Fla.· 1938-12-28 ·cited 22×
  William Orr sought habeas corpus relief, challenging the constitutionality of Miami City Ordinance No. 319, which incorporated Florida's state misdemeanor statutes by reference. The Florida Supreme Court upheld the ordinance as a valid exercise of the city's charter authority, fi
• State v. Coleman
  137 Fla. 80· Fla.· 1938-09-27 ·cited 22×
  Arthur Hemmings was convicted of perjury for testimony given before a grand jury investigating embezzlement allegations against him. The Florida Supreme Court reversed, holding that a person under criminal investigation cannot be lawfully compelled to testify before a grand jury
• Mitchell v. Stoutamire
  113 Fla. 822· Fla.· 1934-01-27 ·cited 22×
  Mitchell challenges his extradition to California on a warrant of rendition issued by Florida's Governor, arguing the underlying charging document was an unverified information rather than an indictment or affidavit before a magistrate as required by federal law. The Florida Supr
• Deeb v. Gandy
  110 Fla. 283· Fla.· 1933-05-23 ·cited 22×
  This case reviews a habeas corpus proceeding where the plaintiff in error was denied bail on a first-degree murder charge. The appellate court determined that the evidence did not clearly establish premeditated design, thus entitling the plaintiff in error to bail.
• Lipscomb v. Gialourakis
  133 So. 104· Fla.· 1931-03-12 ·cited 22×
  The Florida Supreme Court reversed a lower court's decision to discharge a defendant charged with violating a statute regulating sponge fishing. The court found the statute, as amended, invalid but reinstated the original statute, holding that the indictment sufficiently charged
• Roach v. Keep
  73 Fla. 1048· Fla.· 1917-05-12 ·cited 22×
  The Florida Supreme Court dismissed a writ of error in a habeas corpus case because the writ was issued by the Clerk of the Circuit Court without the required allowance by either the judge who heard the cause or a justice of the Supreme Court. The court held that such a writ is a
• Ex parte Perry
  71 Fla. 250· Fla.· 1916-02-23 ·cited 22×
  Lee Perry was arrested for hauling and dragging a seine in the St. Johns River in Volusia County while holding a salt water fishing license issued under a general state act. The Florida Supreme Court held that a local act prohibiting such fishing in fresh water rivers of Volusia
• Robertson v. Columbus Bass
  52 Fla. 420· Fla.· 1906-06-01 ·cited 22×
  The court affirmed a lower court's decision to deny a mother's habeas corpus petition seeking custody of her two minor children. The mother had previously entered into a written agreement to give custody to the respondent until the children reached adulthood, and the court found
• Canova v. Williams
  41 Fla. 509· Fla.· 1899-06-01 ·cited 22×
  The Florida Supreme Court upheld Jacksonville's occupational license tax ordinance against a habeas corpus challenge by a liquor dealer charged with operating without a city license. The court held that Jacksonville's charter and state law authorized the city to levy license taxe
• Ex-Parte Ephraim Williams
  26 Fla. 310· Fla.· 1890-06-01 ·cited 22×
  Ephraim Williams sought habeas corpus relief after being sentenced to two years hard labor for larceny, arguing the trial court lost jurisdiction to impose this sentence because it had previously ordered only payment of costs with postponement of sentencing, which he claimed cons
• Freeman v. Comm'r, Ala. Dep't of Corr.
  46 F.4th 1193· 11th Cir.· 2022-08-24 ·cited 21×
  David Freeman appealed a district court's denial of his federal habeas petition challenging his 1996 conviction for capital murder and death sentence based on claims that his trial counsel provided ineffective assistance at the penalty phase by failing to conduct a reasonable mit
• In re Dailey
  949 F.3d 553· 11th Cir.· 2020-01-30 ·cited 21×
  James Dailey, convicted of murder in 1987 and sentenced to death, sought permission to file a second federal habeas petition raising claims of actual innocence, Brady violations, and ineffective assistance of counsel based on newly discovered evidence. The Eleventh Circuit Court
• Balbir Singh v. U.S. Attorney General
  945 F.3d 1310· 11th Cir.· 2019-12-23 ·cited 21×
  The court held that the statutory text requires a showing of bad faith for the removal period to be extended due to an incomplete travel document application, and that the district court erred by not holding an evidentiary hearing on the issue of good faith.
• Whatley v. Warden, Ga. Diagnostic & Classification Ctr.
  927 F.3d 1150· 11th Cir.· 2019-06-20 ·cited 21×
  Frederick Whatley murdered a store owner in Georgia in 1995, was convicted, and received a death sentence. The Court of Appeals for the Eleventh Circuit reversed his conviction on his ineffective assistance of counsel claim regarding his trial lawyer's failure to investigate and
• Branch v. State
  236 So. 3d 981· Fla.· 2018-02-15 ·cited 21×
  Eric Scott Branch, a death row inmate with an active execution warrant, appealed a circuit court's denial of his second successive motion for postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial, rejecting Branch's claims that his
• Hannon v. State
  228 So. 3d 505· Fla.· 2017-11-01 ·cited 21×
  Patrick Hannon, under a death sentence with an active execution warrant, appealed the denial of his third and fourth successive postconviction motions. The Florida Supreme Court affirmed the circuit court's denials, rejecting challenges to the lethal injection protocol, the Gover
• Kayle Barrington Bates v. State
  3 So. 3d 1091· Fla.· 2009-01-30 ·cited 21×
  Kayle Bates, convicted of first-degree murder in 1982 and sentenced to death, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief on all claims, including DNA testing
• Abreu-Gutierrez v. James
  1 So. 3d 262· Fla. 4th DCA· 2009-01-05 ·cited 21×
  Jose Abreu-Gutierrez challenged his involuntary commitment for restoration of competency to stand trial, arguing the commitment was illegal. The appellate court held that because no evidence established his mental illness was amenable to treatment or that he could be restored to
• Williams v. State
  987 So. 2d 1· Fla.· 2008-01-10 ·cited 21×
  Ronald Lee Williams challenges his death sentence for first-degree murder arising from a drug-trafficking operation. The Florida Supreme Court affirmed the denial of postconviction relief regarding guilt-phase claims but reversed the denial of Williams' ineffective assistance of
• Rivera v. State
  954 So. 2d 1216· Fla. 3d DCA· 2007-04-18 ·cited 21×
  The court held that the defendant's claim for additional credit for time served was inconsistent with the terms of the plea agreement he accepted.
• Meryl S. McDONALD v. State
  952 So. 2d 484· Fla.· 2006-11-02 ·cited 21×
  Meryl McDonald, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the denial of both the postconviction motion and the habeas petition, finding that McDonald's trial counsel
• Mabrey v. Fla. Parole Comm'n
  858 So. 2d 1176· Fla. 2d DCA· 2003-11-07 ·cited 21×
  Raymond Mabrey petitions for certiorari review of a circuit court order denying his habeas corpus petition challenging the Florida Parole Commission's revocation of his conditional release. The court grants the petition, finding that the circuit court departed from essential requ
• Trepal v. State
  846 So. 2d 405· Fla.· 2003-03-06 ·cited 21×
  George James Trepal appeals denial of postconviction relief following his conviction for the first-degree murder of Peggy Carr through thallium poisoning. The core issue involves whether false and misleading scientific testimony by FBI chemist Roger Martz, combined with other all
• Linroy Bottoson v. State
  813 So. 2d 31· Fla.· 2002-01-31 ·cited 21×
  Linroy Bottoson, a death row inmate with an active death warrant, appealed the trial court's denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a successive habeas corpus petition. The Florida Supreme Court affirmed
• Happ v. Moore
  784 So. 2d 1091· Fla.· 2001-05-03 ·cited 21×
  William Frederick Happ, a death-sentenced inmate, petitioned for habeas corpus relief based on claims of ineffective assistance of appellate counsel. The Florida Supreme Court denied all five claims, holding that appellate counsel's performance fell within the acceptable range an
• Seling v. Young
  531 U.S. 250· U.S.· 2001-01-17 ·cited 21×
  A statute's civil nature is determined by its face, not by the manner of its implementation.
• Hill v. State
  643 So. 2d 1071· Fla.· 1994-10-13 ·cited 21×
  Clarence Hill seeks reconsideration of his death sentence for murdering a police officer during a 1982 bank robbery in Florida. The Florida Supreme Court reexamines its harmless error analysis after a federal court identified that the trial judge erroneously found the murder was
• Cary Michael Lambrix v. Singletary
  641 So. 2d 847· Fla.· 1994-06-16 ·cited 21×
  The court held that the petitioner's claims are procedurally barred, and thus he is not entitled to habeas corpus relief.
• Meeks v. Singletary
  963 F.2d 316· 11th Cir.· 1992-05-29 ·cited 21×
  Douglas Ray Meeks, a Florida death row inmate convicted of first-degree murder in two separate trials, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254. The district court denied relief without an evidentiary hearing, addressing only two of thirteen claimed grou
• Morrison v. Duckworth
  898 F.2d 1298· 7th Cir.· 1990-04-06 ·cited 21×
  A petitioner cannot establish cause for procedural default based on ineffective assistance of postconviction counsel when there is no constitutional right to counsel in such proceedings.
• Leodis Dortch v. O'Leary
  863 F.2d 1337· 7th Cir.· 1988-12-13 ·cited 21×
  The court held that federal habeas review of the Fourth Amendment claim was barred by Stone v. Powell because the state courts provided a full and fair opportunity to litigate the issue. The court also held that the prosecutor's comments on the defendant's silence, while improper
• Tacho v. Martinez
  862 F.2d 1376· 9th Cir.· 1988-12-08 ·cited 21×
  The court held that a petitioner who procedurally defaults a claim in state court, and fails to demonstrate cause for the default, is barred from federal habeas review of that claim.
• Bruni v. Lewis
  847 F.2d 561· 9th Cir.· 1988-05-24 ·cited 21×
  A defendant's statement, "Not without my attorney. Well, ask your questions, and I will answer those I see fit," constitutes an unequivocal selective waiver of the right to counsel, allowing subsequent interrogation on topics the defendant chooses to answer.
• Smith v. Dugger
  840 F.2d 787· 11th Cir.· 1988-03-09 ·cited 21×
  The court affirmed the denial of federal habeas corpus relief, finding no violation of the defendant's constitutional rights.
• Harding v. Lewis
  834 F.2d 853· 9th Cir.· 1987-12-21 ·cited 21×
  The court held that the defendant was competent to waive his right to counsel, that the waiver was made knowingly and intelligently, and that he was not prejudiced by his attorney's advice to self-represent.