Habeas Corpus

18,806 Florida cases classified under this topic, plus 3,119 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Coles v. Peyton
  389 F.2d 224· 4th Cir.· 1968-01-08 ·cited 86×
  The dissenting judge argues that the majority's decision imposes an erroneous rule on the Commonwealth regarding the burden of proof for ineffective assistance of counsel.
• United States ex rel. George Hetenyi v. Wilkins
  348 F.2d 844· 2d Cir.· 1965-07-13 ·cited 86×
  The Fifth Amendment's double jeopardy clause should not be absorbed by the Fourteenth Amendment to apply to state prosecutions.
• United States ex rel. Raymond Durocher v. LaVALLEE
  330 F.2d 303· 2d Cir.· 1964-03-26 ·cited 86×
  The dissenting judge would affirm the district court's orders, arguing against the unlimited retroactive application of Gideon v. Wainwright to guilty pleas entered before 1959.
• United States ex rel. Robert Lee Goldsby v. Harpole
  263 F.2d 71· 5th Cir.· 1959-01-16 ·cited 86×·via Writ Of Habeas Corpus
  The court held that the appellant proved a strong prima facie case of systematic exclusion of Negroes from the grand and petit juries, and this case was not refuted by the state. Furthermore, the court found that any waiver of this objection by counsel was ineffective due to the
• Coffin v. Reichard
  143 F.2d 443· 6th Cir.· 1944-07-03 ·cited 86×
  The court held that allegations of physical and mental incapacity at the time of pleading guilty, and subsequent mistreatment in custody, are sufficient to require a show cause order and further proceedings.
• State v. Stoutamire
  131 Fla. 698· Fla.· 1938-03-08 ·cited 86×
  The Florida Supreme Court held that a 1937 statute restricting fishing in a half-mile section of the Ochlockonee River violated the Florida Constitution's requirement that local or special laws receive prior published notice. The Court reversed the lower court's order remanding t
• Diaz v. State
  945 So. 2d 1136· Fla.· 2006-12-08 ·cited 85×
  Angel Diaz, a death row inmate with an active execution warrant set for December 13, 2006, appealed the trial court's denial of successive postconviction motions challenging Florida's lethal injection statute and procedure, claiming newly discovered evidence, mental illness as a
• Mitchell v. Moore
  786 So. 2d 521· Fla.· 2001-04-12 ·cited 85×
  The Florida Supreme Court held that the copy requirement provision of the Prisoner Indigency Statute violates the constitutional right of access to courts under both the Florida and U.S. Constitutions. The statute's requirement that prisoners provide copies of prior pleadings to
• United States ex rel. Harry E. Carey v. Rundle
  409 F.2d 1210· 3d Cir.· 1969-04-18 ·cited 85×
  The Sixth and Fourteenth Amendments do not guarantee an absolute right to a particular counsel at a particular time, but rather the right to effective assistance of counsel, which includes a reasonable opportunity to obtain counsel of one's choice.
• Taylor v. United States
  229 F.2d 826· 8th Cir.· 1956-02-06 ·cited 85×
  The court held that the appellant's motion to vacate his sentence was insufficient because it failed to allege facts demonstrating the government's knowing use of perjured testimony and that advance knowledge of alleged perjury constitutes a waiver of the right to raise the issue
• State v. Gleason
  12 Fla. 190· Fla.· 1868-01-01 ·cited 85×·via Writ Of Habeas Corpus
  The Florida Supreme Court has original jurisdiction to issue writs of quo warranto, independent of its appellate jurisdiction. An information in the nature of quo warranto is a valid proceeding within the constitutional grant of power to issue writs of quo warranto. The Legislatu
• Suggs v. State
  923 So. 2d 419· Fla.· 2005-11-17 ·cited 84×
  Ernest D. Suggs, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief in his 1992 first-degree murder conviction. The Florida Supreme Court affirmed the circuit court's comprehensive denial of all post-conviction
• Turner v. Dugger
  614 So. 2d 1075· Fla.· 1992-12-24 ·cited 84×
  William Thaddeus Turner was convicted of two first-degree murders and sentenced to death for one. On collateral review, Turner raised sixteen claims in a Rule 3.850 motion and three issues in a habeas corpus petition, all seeking to vacate his conviction and death sentence. The F
• Stevens v. State
  552 So. 2d 1082· Fla.· 1989-10-05 ·cited 84×
  Rufus Stevens appeals the denial of his Rule 3.850 motion for postconviction relief and motion for cost reimbursement in his capital case, and petitions for a writ of habeas corpus challenging appellate counsel's effectiveness. The Florida Supreme Court affirmed the conviction bu
• Thompson v. Dugger
  515 So. 2d 173· Fla.· 1987-09-09 ·cited 84×
  The court held that the recent United States Supreme Court decision in Hitchcock v. Dugger requires a new sentencing proceeding because the sentencing judge failed to allow consideration of nonstatutory mitigating circumstances.
• Franklin v. Ms. Murphy and Hoyt Cupp
  745 F.2d 1221· 9th Cir.· 1984-10-23 ·cited 84×
  A court may dismiss a frivolous in forma pauperis action before service of process, and such an action is frivolous if it lacks an arguable basis in law or fact.
• Mayola v. State OF Ala.
  623 F.2d 992· 5th Cir.· 1980-08-11 ·cited 84×
  The court held that the petitioner failed to demonstrate pervasive community prejudice required to invoke the Rideau presumption of jury bias due to pretrial publicity, and that his unreasonable delay in filing the habeas petition prejudiced the state's ability to respond.
• Geraghty v. United States Parole Comm'n & Attorney Gen. of United States & Superintendent Fed. Prison
  579 F.2d 238· 3d Cir.· 1978-03-09 ·cited 84×
  A federal prisoner's release from custody does not moot a challenge to parole guidelines if the case presents a live controversy capable of repetition yet evading review, or if a class action was improperly denied certification.
• Armstrong v. Collier
  536 F.2d 72· 5th Cir.· 1976-07-29 ·cited 84×
  The court held that the district court did not err in denying habeas corpus relief, as the undisclosed evidence was not material and the loss of the county attorney's file did not violate due process.
• Houser v. United States
  508 F.2d 509· 8th Cir.· 1974-12-11 ·cited 84×
  The court held that challenges to arrest and evidence seizure, denial of confrontation, and testimony of a mentally ill person are not cognizable under 28 U.S.C. § 2255 when the issues were known or could have been raised on direct appeal or were otherwise without merit.
• Weller v. Dickson
  314 F.2d 598· 9th Cir.· 1963-02-15 ·cited 84×
  The court held that the trial courts did not abuse their discretion in denying appellants' applications to proceed in forma pauperis, and that the allegations in Pope's complaint were insufficient to merit a hearing.
• United States ex rel. Kaloudis v. Shaughnessy
  180 F.2d 489· 2d Cir.· 1950-02-20 ·cited 84×
  The court held that a district court cannot review the Attorney General's discretionary decision to deny suspension of deportation unless the denial is based on clearly irrelevant or improper considerations.
• Gore v. State
  846 So. 2d 461· Fla.· 2003-04-17 ·cited 83×
  Marshall Lee Gore, a death row inmate, appeals the denial of his motion for postconviction relief and petitions for habeas corpus relief. The Florida Supreme Court affirmed the lower court's denial, finding that Gore failed to establish ineffective assistance of counsel and that
• Ventura v. State
  794 So. 2d 553· Fla.· 2001-05-24 ·cited 83×·via Writ Of Habeas Corpus
  Peter Ventura, a death-row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition challenging his 1988 conviction for first-degree murder. The Florida Supreme Court affirmed the denial, finding that although a Brady/Giglio violation
• Jackson v. Fla. Dep't OF Corr.
  790 So. 2d 398· Fla.· 2001-03-15 ·cited 83×·via Writ Of Habeas Corpus
  The Florida Supreme Court imposed sanctions on Douglas Jackson, an inmate serving a life sentence, for abuse of the judicial system through excessive frivolous filings. The Court ordered that Jackson may no longer file pro se petitions in the Supreme Court without representation
• Duncan v. Moore
  754 So. 2d 708· Fla.· 2000-03-23 ·cited 83×
  Joshua Duncan challenged the constitutionality of Florida's Conditional Release supervision program, which imposes post-prison supervision equal to earned gain time and allows forfeiture of gain time upon violation. The Florida Supreme Court upheld the program, rejecting claims o
• Richardson v. Les Fleming
  651 F.2d 366· 5th Cir.· 1981-07-22 ·cited 83×
  A retained attorney can be liable under 42 U.S.C. § 1983 if they conspire with state officials, even if the officials are immune, and exhaustion of state remedies is required if the § 1983 claim challenges the validity of confinement.
• Maynard v. Meachum
  545 F.2d 273· 1st Cir.· 1976-11-19 ·cited 83×
  The court held that the standard for waiving the right to counsel is the same as for waiving the entire right, and a hybrid representation arrangement does not negate the need for a knowing and intelligent waiver.
• Whatley v. Warden
  927 F. 3d 1150· 11th Cir.· 2020-04-10 ·cited 82×·via Federal Habeas Corpus
  The court denied a petition for rehearing en banc.
• Ferrell v. State
  29 So. 3d 959· Fla.· 2010-01-14 ·cited 82×·via Writ Of Habeas Corpus
  Ronnie Ferrell appealed the trial court's denial of his Rule 3.850 postconviction motion regarding guilt-phase ineffective assistance of counsel claims while the State cross-appealed the granting of a new penalty phase. The Florida Supreme Court affirmed the denial of guilt-phase
• Hannon v. State
  941 So. 2d 1109· Fla.· 2006-08-31 ·cited 82×
  Patrick Hannon was convicted of two first-degree murders and sentenced to death. He appealed the circuit court's denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief, rejecting inef
• Richardson v. State
  918 So. 2d 999· Fla. 5th DCA· 2006-01-20 ·cited 82×
  Roosevelt Richardson filed a habeas corpus petition challenging his conviction based on alleged mental incompetence to stand trial. The Fifth District Court of Appeal affirmed the trial court's dismissal, holding that habeas corpus petitions raising issues cognizable under Florid
• Leichtman v. Singletary
  674 So. 2d 889· Fla. 4th DCA· 1996-05-29 ·cited 82×
  Richard Leichtman appealed the denial of his habeas corpus petition, which challenged the voluntariness of his guilty plea and the legality of his 1972 sentence for sexual battery. The Fourth District Court of Appeal reversed and dismissed the petition, holding that the county wh
• Card v. State
  497 So. 2d 1169· Fla.· 1986-10-09 ·cited 82×
  James Armando Card, Sr., a death-row inmate, challenged his conviction and sentence on multiple grounds, including a claim that the trial judge lacked authority to preside in a different judicial circuit without proper assignment from the Chief Justice. The Florida Supreme Court
• Spencer v. Zant
  715 F.2d 1562· 11th Cir.· 1983-09-30 ·cited 82×·via Federal Habeas Corpus
• Paprskar v. Estelle
  612 F.2d 1003· 5th Cir.· 1980-03-03 ·cited 82×
  The district court erred in dismissing petitioner's second federal habeas corpus petition as a successive petition constituting an 'abuse of the writ'.
• Mastrian v. McMANUS
  554 F.2d 813· 8th Cir.· 1977-04-05 ·cited 82×
  The court held that the petitioner's constitutional rights were not violated by prejudicial publicity, illegal arrest, delay in habeas proceedings, or newly discovered evidence, and that the cumulative effect of errors did not deny due process.
• United States ex rel. Peter S. Brooks v. Clark Clifford
  409 F.2d 700· 4th Cir.· 1969-03-20 ·cited 82×
  The court held that the petitioner's beliefs, stemming from religious training and belief, qualified him as a conscientious objector, and the Army's denial of his discharge lacked a basis in fact.
• Patton v. State OF N.C.
  381 F.2d 636· 4th Cir.· 1967-06-14 ·cited 82×
  A defendant cannot be sentenced to a longer term of imprisonment at a second trial than was imposed after the first conviction, when the first conviction was vacated on constitutional grounds.
• Blue v. United States
  342 F.2d 894· D.C. Cir.· 1964-10-29 ·cited 82×
  The court held that while the Commissioner's failure to ensure the appellant was informed of his right to assigned counsel under the D.C. Legal Aid Act rendered the waiver of preliminary hearing invalid, this defect did not necessitate dismissal of the indictment, especially sinc
• Gideon v. Louie L. Wainwright
  153 So. 2d 299· Fla.· 1963-05-15 ·cited 82×
  The petitioner is entitled to proceed under Criminal Procedure Rule #1, which provides an effective forum for relief regarding the denial of counsel at trial.
• Duggins v. United States
  240 F.2d 479· 6th Cir.· 1957-01-21 ·cited 82×
  A sentence exceeding the statutory maximum is void for the excess, and a court cannot increase a sentence after service has begun, even to fulfill the original sentencing intent.
• Robinson v. United States
  144 F.2d 392· 6th Cir.· 1944-07-31 ·cited 82×·via Writ Of Habeas Corpus
  The court held that the trial court did not err in denying the appellant's motion for a directed verdict, and that the conviction and sentence were valid.
• Jennings v. State
  123 So. 3d 1101· Fla.· 2013-06-27 ·cited 81×·via Writ Of Habeas Corpus
  Brandy Bain Jennings was convicted and sentenced to death for three murders committed during a 1995 robbery of a Cracker Barrel restaurant in Naples, Florida. On postconviction appeal, the Florida Supreme Court affirmed the denial of his Rule 3.850 motion for postconviction relie
• Archer v. State
  934 So. 2d 1187· Fla.· 2006-06-29 ·cited 81×
  Robin Lee Archer, a death row inmate, appealed the denial of post-conviction relief and petitioned for habeas corpus following his 1991 conviction for first-degree murder in a robbery that resulted in the death of a store clerk. The Florida Supreme Court affirmed the lower court'
• Huggins v. State
  889 So. 2d 743· Fla.· 2004-12-02 ·cited 81×
  John Steven Huggins was convicted of first-degree murder and sentenced to death for the June 10, 1997 murder of Carla Larson in Orange County, Florida. The Florida Supreme Court affirmed both the conviction and death sentence on direct appeal.
• Windom v. State
  886 So. 2d 915· Fla.· 2004-05-06 ·cited 81×
  Curtis Windom challenges his conviction for three counts of first-degree murder and death sentence by appealing the denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and filing a petition for writ of habeas corpus. The Florida Supreme Court affirms t
• Owen v. Crosby
  854 So. 2d 182· Fla.· 2003-07-11 ·cited 81×·via Writ Of Habeas Corpus
  Duane Eugene Owen, a death row inmate, challenged his conviction and sentence for first-degree murder, sexual battery, and burglary through a successive motion for postconviction relief under Florida Rule 3.850 and a habeas corpus petition. The Florida Supreme Court affirmed the
• Durocher v. Singletary
  623 So. 2d 482· Fla.· 1993-08-12 ·cited 81×
  The Florida Supreme Court held that a competent death row inmate has the constitutional right to waive representation by the Capital Collateral Representative (CCR) and refuse collateral appeals, and that CCR lacks standing to file habeas petitions on behalf of an inmate who expl
• State v. Broom
  523 So. 2d 639· Fla. 2d DCA· 1988-03-04 ·cited 81×
  A circuit court in one county lacks jurisdiction to review a conviction from another county via habeas corpus, and Florida Rule of Criminal Procedure 3.850 has largely superseded habeas corpus for collateral attacks on judgments and sentences.