Habeas Corpus

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

• Judge Henderson v. Coleman
  150 Fla. 185· Fla.· 1942-03-26 ·cited 20×
  Judge Henderson and Charles Lockhart, officers of a longshoremen's union, were found in contempt of court for allegedly violating a restraining order against labor picketing. The Florida Supreme Court reversed, holding that notifying a customer that union members would not work w
• Demaurez v. Squier
  121 F.2d 960· 9th Cir.· 1941-07-28 ·cited 20×
  The court held that a habeas corpus petition challenging the excessiveness of a sentence is premature if the petitioner has not yet served the full cumulative sentence imposed for multiple counts.
• McGINLEY v. Hudspeth
  120 F.2d 523· 10th Cir.· 1941-05-26 ·cited 20×
  The court held that the petitioner was not placed in double jeopardy because the two charges were not identical and the petitioner waived his right against double jeopardy.
• Davis v. Dowd
  119 F.2d 338· 7th Cir.· 1941-04-15 ·cited 20×
  A federal court cannot grant a writ of habeas corpus to a state prisoner unless state remedies have been exhausted, absent extraordinary circumstances.
• Finch v. Hon. Nathan Mayo
  137 Fla. 762· Fla.· 1939-05-19 ·cited 20×
  This habeas corpus case addresses whether a prisoner is entitled to credit for time spent in a mental hospital and whether escapes forfeit good time. The court found the original sentence invalid due to a lack of a formal judgment of conviction but remanded the petitioner for pro
• State v. Coleman
  133 Fla. 400· Fla.· 1938-07-11 ·cited 20×
  In this habeas corpus proceeding, the Florida Supreme Court reviewed whether Thomas E. Grady was lawfully detained on charges of violating Florida's bribery statute. The court held that Count Two of the information charging conspiracy to exact unlawful compensation failed to stat
• State v. Chapman
  125 Fla. 235· Fla.· 1936-07-27 ·cited 20×
  This case concerns whether a fifteen-year-old convicted of armed robbery, who pleaded guilty without counsel or parental notification, was improperly sentenced to the state penitentiary. The court found that the failure to notify the parents rendered the sentence invalid.
• State v. Noel
  124 Fla. 852· Fla.· 1936-07-20 ·cited 20×
  A habeas corpus petition challenges a municipal ordinance prohibiting the sale of intoxicating beverages during certain hours, arguing that the exemption for large hotels (100+ rooms) creates unconstitutional discrimination. The Florida Supreme Court upholds the ordinance, findin
• State v. Davidson
  103 Fla. 954· Fla.· 1931-12-22 ·cited 20×
  Willie Cherry sought habeas corpus relief from an indictment charging him as a common and notorious thief based solely on two prior petit larceny convictions. The Florida Supreme Court held that Section 7233 C.G.L., which provides enhanced punishment for repeated larceny offender
• State v. Lehman
  100 Fla. 473· Fla.· 1930-06-09 ·cited 20×
  Nathan Grebstein was held in contempt of court after he communicated to a judge an offer of $5,000 to decide a case "according to law." The Florida Supreme Court held that while his conduct constituted technical contempt, the commitment order was invalid because it imposed indefi
• Bass v. Doolittle
  112 So. 892· Fla.· 1927-05-04 ·cited 20×
  This case concerns a habeas corpus proceeding where the petitioner argued his detention was unlawful due to alleged defects in the charge and court records. The court affirmed the lower court's decision, finding the charge sufficient and the court's criminal docket adequate to su
• Danson v. Danson
  76 Fla. 449· Fla.· 1918-11-13 ·cited 20×
  Walter Danson seeks habeas corpus relief to recover custody of his three-year-old son from Effie Schumacher, who had obtained a court decree awarding her custody. The Florida Supreme Court affirmed the lower court's decision to keep the child with Schumacher, finding that althoug
• Ex parte Harrell
  76 Fla. 4· Fla.· 1918-06-15 ·cited 20×
  In this habeas corpus proceeding, the Florida Supreme Court held that a city ordinance requiring most merchants to close their businesses at 6:30 P.M. was an unconstitutional exercise of municipal power and thus void. The petitioner, held in custody for violating this ordinance,
• Lee v. Van Pelt
  57 Fla. 94· Fla.· 1909-01-01 ·cited 20×
  Oscar Lee sought habeas corpus relief challenging his arrest and detention on a petit larceny charge, arguing the affidavit supporting the arrest warrant lacked probable cause because the affiant had no personal knowledge of the facts. The Florida Supreme Court affirmed the denia
• Ex parte Scudamore
  55 Fla. 211· Fla.· 1908-01-01 ·cited 20×
  George C. Scudamore petitioned for a writ of habeas corpus challenging his commitment to a state asylum for the insane by an Escambia County judge. The Florida Supreme Court upheld the constitutionality of Florida's insanity commitment statutes and affirmed that the county judge
• Pugh v. Bowden
  54 Fla. 302· Fla.· 1907-06-01 ·cited 20×
  This habeas corpus case challenges the commitment of a 14-year-old boy to Florida's State Reform School based on his incorrigible conduct. The Florida Supreme Court holds that while county judges may commit incorrigible children to the reform school without jury trial, criminal c
• Electa E. Palmer v. Palmer
  28 Fla. 295· Fla.· 1891-06-01 ·cited 20×
  The court denied a motion to dismiss an appeal based on the appellant's alleged contempt. The court found that the contempt proceedings were not properly initiated or adjudicated, and therefore did not preclude the appeal.
• Wendall Jermaine Hall v. Lieutenant Peter Merola
  67 F.4th 1282· 11th Cir.· 2023-05-17 ·cited 19×
  Wendall Hall sued correctional officers under Section 1983 for using chemical agents against him and withholding food in retaliation for filing grievances, but the district court dismissed his claims against two officers on Heck grounds and allowed only nominal damages against a
• Guerrero-Lasprilla v. Barr
  140 S. Ct. 1062· U.S.· 2020-03-23 ·cited 19×
  The Supreme Court held that the phrase "questions of law" in the Immigration and Nationality Act's Limited Review Provision, which restricts judicial review of removal orders for aliens convicted of certain crimes, includes the application of a legal standard to undisputed or est
• Jamil Abdullah Al-Amin v. Warden, Comm'r, Ga. Dep't OF Corr.
  932 F.3d 1291· 11th Cir.· 2019-07-31 ·cited 19×
  The Eleventh Circuit affirmed the district court's denial of habeas relief, finding that while the prosecutor's comments violated Al-Amin's Fifth Amendment right against self-incrimination, the error did not result in actual prejudice under the Brecht standard due to overwhelming
• Stoney Lester v. United States
  921 F.3d 1306· 11th Cir.· 2019-04-29 ·cited 19×
  Stoney Lester challenged his sentence imposed under the mandatory Sentencing Guidelines, arguing that the career-offender provision he was sentenced under was unconstitutionally vague under Johnson v. United States. The Eleventh Circuit denied rehearing en banc, with the majority
• Knight v. State
  225 So. 3d 661· Fla.· 2017-01-31 ·cited 19×
  Richard Knight was convicted of two counts of first-degree murder and sentenced to death. On appeal from denial of his Rule 3.851 postconviction motion and habeas corpus petition, the Florida Supreme Court affirmed his convictions and death sentence, finding no ineffective assist
• Peterson v. State
  154 So. 3d 275· Fla.· 2014-06-26 ·cited 19×
  Charles Peterson appeals the denial of his postconviction motion for relief challenging his first-degree murder conviction and death sentence for the 1997 murder of John Cardoso during a robbery. The Florida Supreme Court affirmed the circuit court's denial, finding that Peterson
• Stephens v. State
  975 So. 2d 405· Fla.· 2007-11-15 ·cited 19×
  Jason Demetrius Stephens appeals the denial of postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the denial of all relief, finding that trial counsel's perform
• Franqui v. State
  965 So. 2d 22· Fla.· 2007-05-03 ·cited 19×
  Leonardo Franqui appeals the circuit court's denial of his Rule 3.851 postconviction motion challenging his conviction and death sentence for first-degree murder during a bank robbery. The Florida Supreme Court affirms the denial of postconviction relief and Franqui's petition fo
• Viet HO v. State
  929 So. 2d 1155· Fla. 5th DCA· 2006-06-02 ·cited 19×
• Swain v. State
  911 So. 2d 140· Fla. 3d DCA· 2005-06-15 ·cited 19×
  Michael Swain appealed the trial court's denial of his second motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800. The court affirmed, holding that the law of the case doctrine and res judicata barred Swain from relitigating claims previously deci
• Provenzano v. State
  751 So. 2d 37· Fla.· 1999-08-26 ·cited 19×
  Thomas Provenzano, a death row inmate, appealed the circuit court's denial of his motion claiming incompetency to be executed. The Florida Supreme Court held that the evidence presented—including expert psychological reports and affidavits detailing bizarre behavior—established r
• Whitfield v. Singletary
  730 So. 2d 314· Fla. 3d DCA· 1999-02-10 ·cited 19×
  Appellate counsel was not ineffective for failing to challenge the predicate offenses used for habitual violent felony offender adjudication.
• United States v. Balsys
  524 U.S. 666· U.S.· 1998-06-25 ·cited 19×
  The Fifth Amendment's Self-Incrimination Clause does not protect a witness from compelled testimony out of fear of foreign prosecution.
• Grossman v. Dugger
  708 So. 2d 249· Fla.· 1997-12-18 ·cited 19×
  Martin Grossman, sentenced to death for the 1984 murder of wildlife officer Peggy Park, appeals the denial of his Rule 3.850 postconviction motion and seeks habeas corpus relief. The Florida Supreme Court affirms the denial of both the postconviction motion and the habeas petitio
• Elliot Reno Whatley v. State
  679 So. 2d 1269· Fla. 2d DCA· 1996-09-20 ·cited 19×
  Elliot Reno Whatley petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel for failing to raise a double jeopardy violation. Whatley was convicted of both aggravated battery and burglary with a battery, where the same conduct (the battery) was
• Scott v. Dugger
  634 So. 2d 1062· Fla.· 1993-11-04 ·cited 19×
  Paul William Scott, sentenced to death for the brutal murder of James Alessi, appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the denial, finding that Scott's claimed
• United States v. Jones
  977 F.2d 105· 4th Cir.· 1992-09-24 ·cited 19×
  The court held that federal sentencing proceedings are not appropriate forums for reviewing the constitutionality of a defendant's prior state convictions.
• Deutscher v. Harol Whitley
  946 F.2d 1443· 9th Cir.· 1991-10-15 ·cited 19×
  The court held that constitutional errors at sentencing, including ineffective assistance of counsel and an unconstitutionally vague aggravating factor, undermined the accuracy of the death sentence, thus warranting a grant of habeas corpus to prevent a fundamental miscarriage of
• Marshall v. Dugger
  925 F.2d 374· 11th Cir.· 1991-03-01 ·cited 19×
  A defendant waives the Sixth Amendment right to counsel by unreasonably dismissing qualified, court-appointed counsel without good cause.
• Clark v. Dugger
  901 F.2d 908· 11th Cir.· 1990-05-03 ·cited 19×
  The court held that the petitioner's claim based on Caldwell v. Mississippi is procedurally barred under state law, and thus federal habeas relief is denied.
• Granviel v. Lynaugh
  881 F.2d 185· 5th Cir.· 1989-08-28 ·cited 19×
  The court held that prospective jurors' opposition to the death penalty can be grounds for their exclusion if it would substantially impair their duties, and that the admission of psychiatric testimony to rebut an insanity defense does not violate Fifth or Sixth Amendment rights
• Miller v. J.C. Keeney
  882 F.2d 1428· 9th Cir.· 1989-08-15 ·cited 19×
  A defendant has no constitutional right to the effective assistance of counsel for filing a discretionary certiorari petition, nor for a discretionary state appeal. Failure to raise a weak issue on direct appeal does not constitute ineffective assistance of counsel.
• Laycock v. State OF NEW Mexico
  880 F.2d 1184· 10th Cir.· 1989-07-26 ·cited 19×
  The court held that the district court's denial of the habeas corpus petition was correct, affirming the judgment.
• Gonzalez v. U.S. Immigr. & Naturalization Serv.
  867 F.2d 1108· 8th Cir.· 1989-02-10 ·cited 19×
  The court held that 8 U.S.C. § 1252(i) does not afford incarcerated aliens an implied right of action to compel the Attorney General to expedite deportation proceedings.
• Alvord v. Dugger
  541 So. 2d 598· Fla.· 1989-02-09 ·cited 19×
  Gary Alvord petitioned for habeas corpus relief challenging his death sentence for three murders, arguing a Hitchcock violation (jury instructed to consider only statutory mitigating circumstances) and a confession error (Miranda warnings were deficient). The Florida Supreme Cour
• United States v. Spawr Optical Research, Inc.
  864 F.2d 1467· 9th Cir.· 1988-12-29 ·cited 19×
  The Secretary of Commerce's determination that a commodity is on the Commodity Control List is not conclusive in a criminal trial; the jury must determine if the commodity was in fact on the list.
• Stockton v. Commonwealth OF Va.
  852 F.2d 740· 4th Cir.· 1988-07-22 ·cited 19×
  The court held that a diner owner's comment to jurors during sentencing deliberations, suggesting the defendant should be executed, created a presumption of prejudice that the Commonwealth failed to rebut, thus vacating the death sentence.
• In re Fritz Desir v. Ilchert
  840 F.2d 723· 9th Cir.· 1988-05-26 ·cited 19×
  Beatings, imprisonment, and assaults by government security forces for extortion can constitute persecution on account of political opinion under the Immigration and Nationality Act.
• Slicker v. Louie L. Wainwright
  809 F.2d 768· 11th Cir.· 1987-02-12 ·cited 19×
  The court held that the district court must determine if the appellant's allegations satisfy the standard set forth in Hill v. Lockhart regarding ineffective assistance of counsel and prejudice from faulty legal advice.
• Son H. Fleming v. Kemp
  794 F.2d 1478· 11th Cir.· 1986-06-27 ·cited 19×
  The concurring judge believes the issue of waiver of the right to counsel has sufficient merit to warrant a stay of execution for briefing and review.
• Gaddy v. Linahan
  780 F.2d 935· 11th Cir.· 1986-01-22 ·cited 19×
  The court held that a guilty plea must be knowing and voluntary, requiring the defendant to understand the elements of the charge, and that the reading of an indictment alone may be insufficient for a defendant of minimal mental capacity.
• Johnson v. Louie L. Wainwright
  778 F.2d 623· 11th Cir.· 1985-12-02 ·cited 19×
  The court held that the petitioner's constitutional claims were without merit, either because they were procedurally defaulted, not demonstrably prejudicial, or not violated by the trial court's actions.
• Edgemon v. A.L. Lockhart
  768 F.2d 252· 8th Cir.· 1985-07-17 ·cited 19×
  The court held that the petitioner's claim of a conflict of interest due to his counsel also representing a sheriff and a prosecution witness was sufficiently pleaded and required an evidentiary hearing, as did the claim that counsel failed to challenge a potentially mentally inc