Habeas Corpus

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

• Emory Lee Scott v. Mayo
  159 Fla. 816· Fla.· 1947-12-09 ·cited 21×
  The Florida Supreme Court reviewed a habeas corpus petition, finding that the petitioner was not subject to a habitual offender sentence as charged because one of his prior felony convictions occurred on the same day as another. However, he was still subject to enhanced sentencin
• Fraser v. United States (two cases)
  145 F.2d 139· 6th Cir.· 1944-10-03 ·cited 21×
  The court held that purchasers of non-quota cotton are liable for penalties under the Agricultural Adjustment Act, and that the husband-wife privilege does not shield communications or acts in furtherance of fraud, especially in federal equity courts.
• Johnson v. Warden, United States Penitentiary, McNeil Island, Washington
  134 F.2d 166· 9th Cir.· 1943-02-26 ·cited 21×
  The court held that the forged prescriptions were indictable under 18 U.S.C.A. § 28, and the ten-year sentences were therefore proper.
• Kittleson v. State
  152 Fla. 242· Fla.· 1942-10-02 ·cited 21×
  Kittleson challenges his arrest via habeas corpus, arguing that the information against him fails to charge any criminal offense. The Florida Supreme Court agrees, holding that the vague charges of lewdness lack sufficient specificity to inform the accused of what conduct constit
• State ex rel. Samuel S. Silverman v. Coleman
  139 Fla. 656· Fla.· 1939-08-01 ·cited 21×
  This case concerns whether a prosecution for forgery, uttering a forged instrument, falsifying a public record, and embezzlement is barred by the statute of limitations after the state refiled informations under oath following an initial defect. The court held that a statute allo
• State v. Stone
  135 Fla. 816· Fla.· 1939-01-11 ·cited 21×
  This case addresses whether a State Attorney can file an information charging a felony after a grand jury has failed to return an indictment. The court held that the State Attorney has this authority, allowing the prosecution to proceed.
• Bourn v. Hinsey
  134 Fla. 404· Fla.· 1937-12-16 ·cited 21×
  This case concerns a mother's petition for custody of her child, who had been living with her aunt and uncle. The court had to decide whether to give full faith and credit to a Mississippi custody decree or prioritize the child's welfare.
• State v. Lee
  122 Fla. 700· Fla.· 1936-03-23 ·cited 21×
  The Florida Supreme Court consolidated seven original jurisdiction cases challenging the validity of Senate Bill No. 724 (Chapter 16848, Acts of 1935), which regulated retail chain stores. The Court upheld the constitutionality of the statute, finding that the Act's Subdivision A
• State v. Windham
  120 Fla. 206· Fla.· 1935-06-25 ·cited 21×
  Four consolidated habeas corpus petitions challenged the remand of prisoners to custody under informations charging lottery/gambling offenses. The Florida Supreme Court affirmed the remands, holding that habeas corpus is not available to challenge defectively pleaded criminal cha
• Johnson v. Lindsey
  89 Fla. 143· Fla.· 1925-02-21 ·cited 21×
  Theodore Johnson, convicted of unlawful possession of intoxicating liquor and sentenced to six months in jail with the sentence suspended on good behavior, was arrested and imprisoned nearly eighteen months after sentencing. The Florida Supreme Court held that once Johnson had fu
• State Ex Rel. A. McLeod v. Logan
  87 Fla. 348· Fla.· 1924-04-05 ·cited 21×
  The Florida Supreme Court affirmed the denial of a writ of habeas corpus, holding that the writ cannot be used to avoid a criminal charge when the petitioner is not currently deprived of liberty but is instead under an appearance bond. Habeas corpus is not a substitute for a writ
• Ex parte Hatcher
  86 Fla. 330· Fla.· 1923-10-19 ·cited 21×
  C. D. Hatcher, arrested in Leon County on a capias from Manatee County for passing a worthless check, sought habeas corpus relief to be admitted to bail in Leon County rather than being held for transport to Manatee County. The Florida Supreme Court held that a person charged wit
• Ex parte Clarke
  100 U.S. 399· U.S.· 1879-10-01 ·cited 21×
  Augustus Clarke, an election judge in Cincinnati, was convicted in federal court of violating Ohio election laws by failing to deliver a sealed poll book to the county clerk, and he sought habeas corpus relief arguing the federal court lacked jurisdiction. The Supreme Court held
• Tarleton v. Sec'y, Fla. Dep't of Corr.
  5 F.4th 1278· 11th Cir.· 2021-07-23 ·cited 20×
  Marvin Tarleton was convicted of armed bank robbery in Florida based on identification evidence from family members and a bank teller, though DNA and fingerprint evidence excluded him as a contributor. The Eleventh Circuit affirmed the denial of his federal habeas petition for in
• Taylor v. State
  260 So. 3d 151· Fla.· 2018-12-20 ·cited 20×
  Steven Richard Taylor seeks relief from his 1993 first-degree murder conviction and death sentence based on two successive postconviction motions alleging newly discovered evidence. The Florida Supreme Court affirmed the denial of both claims, concluding that the newly discovered
• Correll v. State
  184 So. 3d 478· Fla.· 2015-10-02 ·cited 20×
  Jerry William Correll, a death row inmate, challenged Florida's death penalty system and execution protocol through successive postconviction motions and public records requests. The Florida Supreme Court rejected all of his constitutional challenges to the death penalty, length
• State of Fla. & Dep't of Juv. Just. v. S.M.
  131 So. 3d 780· Fla.· 2013-12-12 ·cited 20×
  The Florida Supreme Court held that a juvenile with a risk assessment score of zero may be placed in home detention when the risk assessment instrument indicates the juvenile has violated probation or conditional release, and that district courts cannot grant habeas relief challe
• Martinez v. State
  123 So. 3d 701· Fla. 1st DCA· 2013-10-28 ·cited 20×
  Justin Martinez sought habeas corpus relief contending that appellate counsel was ineffective for failing to raise fundamental error at sentencing, where the trial court relied on unsubstantiated allegations of drug involvement not proven at trial. The First District Court of App
• Coleman v. State
  64 So. 3d 1210· Fla.· 2011-06-02 ·cited 20×
  Michael Coleman appeals the denial of his Rule 3.850 motion challenging his death sentences for four first-degree murders. The Florida Supreme Court held that trial counsel rendered ineffective assistance during the penalty phase by failing to investigate and present substantial
• Fla. Parole Comm'n v. Spaziano
  48 So. 3d 714· Fla.· 2010-10-14 ·cited 20×
  The Florida Supreme Court held that inmate challenges to the Florida Parole Commission's determination of a presumptive parole release date (PPRD) are collateral criminal proceedings exempt from the prisoner indigency statute's fee and lien provisions. The court extended its prio
• Stallworth v. Moore
  827 So. 2d 974· Fla.· 2002-09-19 ·cited 20×
  The Florida Supreme Court consolidated four cases in which petitioners sought review of district court denials of relief issued as bare per curiam decisions without opinion or explanation. The Court held that it lacks discretionary review and extraordinary writ jurisdiction to re
• Amendments TO Fla. Rules OF Crim. Procedure 3.851
  797 So. 2d 1213· Fla.· 2001-07-12 ·cited 20×
  The Florida Supreme Court amended Rule 3.851 governing capital postconviction relief procedures to expedite death penalty cases while maintaining fairness and quality. The amendments establish new procedures for appointing counsel, conducting status conferences, and holding evide
• Houser v. Manning
  719 So. 2d 307· Fla. 3d DCA· 1998-07-22 ·cited 20×
  Kevin Houser was released on bond for armed robbery with conditions prohibiting firearm possession. While on bond, he was arrested for carrying a concealed firearm, leading to revocation of his original bond and denial of reinstatement. The Florida Third District Court of Appeal
• Nava v. State
  652 So. 2d 1264· Fla. 4th DCA· 1995-04-12 ·cited 20×
  Court grants habeas corpus petition to allow belated appeal where trial court's order denying Rule 3.850 relief failed to provide notice of appeal deadline and state showed no specific prejudice from delay.
• Dobbs v. Zant
  506 U.S. 357· U.S.· 1993-01-19 ·cited 20×
  The Court of Appeals erred in refusing to consider the full sentencing transcript, which was crucial for assessing the ineffective assistance of counsel claim.
• Barnard v. Collins
  958 F.2d 634· 5th Cir.· 1992-04-03 ·cited 20×
  The court held that the Texas capital sentencing statute, as applied, did not unconstitutionally prevent the jury from considering mitigating evidence, and that Barnard's claims of ineffective assistance of counsel lacked merit.
• Taylor v. Gilmore
  954 F.2d 441· 7th Cir.· 1992-01-21 ·cited 20×
  The court held that the jury instructions invalidated in Reddick were based solely on Illinois state law and did not present a federal constitutional claim, thus not entitling the petitioner to federal habeas relief. However, the court found that Falconer v. Lane did not announce
• Wilkerson v. Collins
  950 F.2d 1054· 5th Cir.· 1992-01-06 ·cited 20×
• United States v. Tatum
  943 F.2d 370· 4th Cir.· 1991-08-14 ·cited 20×
  The dissenting judge believes the majority erred in finding that the prior counsel's conflict of interest inevitably tainted the trial counsel's representation without sufficient record evidence.
• Cuevas v. Collins
  932 F.2d 1078· 5th Cir.· 1991-05-22 ·cited 20×
  The court held that the petitioner's Penry claim, competency to stand trial claim, and competency to be executed claim were procedurally barred or lacked merit, and thus denied the application for stay of execution.
• Zettlemoyer v. Fulcomer
  923 F.2d 284· 3d Cir.· 1991-01-16 ·cited 20×
  The court affirmed the district court's dismissal of the habeas corpus petition, holding that the Pennsylvania death penalty statute is constitutional as applied and that trial counsel was not ineffective.
• Gomez v. United States
  899 F.2d 1124· 11th Cir.· 1990-04-30 ·cited 20×
  The court held that granting bail to a convicted criminal pending habeas corpus consideration was improper because it provided more relief than he would be entitled to even if he prevailed.
• Coleman v. Thompson
  895 F.2d 139· 4th Cir.· 1990-01-31 ·cited 20×
  The court held that Coleman's claims were procedurally defaulted due to his failure to file a timely notice of appeal in state court, barring federal habeas review.
• Luckey v. Harris
  896 F.2d 479· 11th Cir.· 1989-12-29 ·cited 20×
• Couch v. Trickey
  892 F.2d 1338· 8th Cir.· 1989-12-28 ·cited 20×
  The court held that trial counsel was not ineffective for failing to pursue a mental illness defense based on intoxication without psychosis, as it did not constitute a "mental disease or defect" under Missouri law.
• DeLUNA v. Lynaugh
  890 F.2d 720· 5th Cir.· 1989-12-05 ·cited 20×
  The court held that the petitioner's claims regarding the Texas death penalty statute were without merit and that his claim of denial of self-representation was an abuse of the writ, thus denying all relief.
• Lowery v. Young
  887 F.2d 1309· 7th Cir.· 1989-10-24 ·cited 20×
  The court held that the petitioner adequately alleged that his Wisconsin sentence was enhanced by prior Georgia convictions, and the district court had jurisdiction to hear the claim.
• Hill v. Black
  887 F.2d 513· 5th Cir.· 1989-10-10 ·cited 20×
  The Fifth Circuit reversed the district court's conditional grant of habeas corpus relief regarding sentencing, finding the Mississippi contemporaneous objection rule was properly applied and that jury instructions were constitutional. The court affirmed the denial of the writ co
• Nelson v. Farrey
  874 F.2d 1222· 7th Cir.· 1989-05-17 ·cited 20×
  The admission of T's statements to Dr. McLean did not violate the defendant's Sixth Amendment rights because the prosecution demonstrated T's unavailability and the statements' particularized guarantees of trustworthiness.
• Devine v. NEW Mexico Dep't OF Corr.
  866 F.2d 339· 10th Cir.· 1989-01-24 ·cited 20×
  The court held that the New Mexico Supreme Court's unforeseeable interpretation of parole statutes, which retroactively enhanced the petitioner's punishment by extending his mandatory parole eligibility period, violated the Due Process Clause of the Fourteenth Amendment.
• Humphrey v. Lynaugh
  861 F.2d 875· 5th Cir.· 1988-12-19 ·cited 20×
  A defect in an Ohio indictment, such as the grand jury foreman failing to sign it, does not deprive the Ohio court of jurisdiction, and therefore, a Texas court may use such a conviction for sentence enhancement.
• McCALL v. Dutton
  863 F.2d 454· 6th Cir.· 1988-12-15 ·cited 20×
  The court held that the district court correctly denied the habeas corpus petition because there was no evidence of coercive police activity, which is a necessary predicate for finding a confession involuntary under the Due Process Clause.
• Sawyer v. Butler
  848 F.2d 582· 5th Cir.· 1988-06-30 ·cited 20×
  The dissenting judge argues that the prosecutor's remarks in the capital sentencing phase, which suggested the jury's responsibility was merely an "initial step" and that appellate courts would review their decision, violated the Eighth Amendment's requirement for reliability in
• Smith v. United States Parole Comm'n
  875 F.2d 1361· 9th Cir.· 1988-06-17 ·cited 20×
  The court held that a parolee is not entitled to credit on his federal sentence for time served in state custody due to alleged administrative error by federal authorities or financial inability to post bail, nor is a parole regulation considered a 'law' for ex post facto clause
• Reynolds v. Ellingsworth
  843 F.2d 712· 3d Cir.· 1988-03-31 ·cited 20×
  The court held that Delaware Superior Court Criminal Rule 51 does not act as a procedural bar to claims raised for the first time in a Rule 35 proceeding when counsel did not object at trial or on appeal, and that the adequacy of a state procedural rule depends on consistent appl
• Rogers v. Bruntrager
  841 F.2d 853· 8th Cir.· 1988-03-14 ·cited 20×
  The court affirmed the dismissal of the 42 U.S.C. § 1983 complaint, finding that claims against public defenders fail to state a claim and claims against judges, prosecutors, and clerks are barred by absolute immunity.
• Joseph v. Butler
  838 F.2d 786· 5th Cir.· 1988-03-03 ·cited 20×
  The court held that the record satisfied the requirements for accepting a guilty plea to a multiple offender charge to the extent they were applicable, and that the defendant failed to demonstrate ineffective assistance of counsel.
• Coleman v. Risley
  839 F.2d 434· 9th Cir.· 1988-01-19 ·cited 20×
  The court held that resentencing under a new death penalty statute did not violate the ex post facto clause because the changes were procedural and ameliorative, and the review process did not substantively disadvantage the defendant.
• Olan Randle Robison v. Maynard
  829 F.2d 1501· 10th Cir.· 1987-09-25 ·cited 20×
  The court held that the exclusion of victim's family testimony against the death penalty was proper, and that post-hypnotic testimony is not per se unconstitutional. However, the death sentence for one victim must be vacated due to an unconstitutional statutory aggravating circum
• Clark Jerome McMILLAN v. Barksdale
  823 F.2d 981· 6th Cir.· 1987-07-21 ·cited 20×
  The court held that a pro se prisoner's motion for a certificate of probable cause can serve as a timely notice of appeal, and that the district court did not err in refusing to hold an evidentiary hearing when state court findings were not impeached.