Habeas Corpus

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

• R.G. v. State
  817 So. 2d 1019· Fla. 3d DCA· 2002-05-31 ·cited 18×
  A juvenile petitioner sought habeas corpus relief from secure detention ordered by a trial judge without a required risk assessment. The appellate court granted the petition, finding the detention violated Florida's statutory requirements for detention decisions.
• J.J. v. Fryer
  765 So. 2d 260· Fla. 4th DCA· 2000-08-15 ·cited 18×
  A 13-year-old juvenile petitioner sought habeas corpus relief to challenge a trial court's order placing him in secure detention for 21 days pending adjudication on grand theft auto charges. The court granted the petition, holding that the trial judge violated statutory requireme
• Calderon v. Coleman
  525 U.S. 141· U.S.· 1998-12-14 ·cited 18×
  The Court of Appeals correctly applied the harmless error test, and its decision was not a matter of serious consequence warranting further review.
• Diaz v. Dugger
  719 So. 2d 865· Fla.· 1998-06-11 ·cited 18×
  Angel Diaz appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in a death penalty case, and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denial of relief, finding no merit to Diaz's clai
• Clark v. State
  690 So. 2d 1280· Fla.· 1997-03-27 ·cited 18×
  Larry Clark challenges his 1981 first-degree murder conviction and death sentence in a Rule 3.850 postconviction relief appeal. The Florida Supreme Court affirms the conviction and guilt-phase denial but reverses the death sentence, finding that Clark's trial counsel provided ine
• Domberg v. State
  661 So. 2d 285· Fla.· 1995-07-20 ·cited 18×
  Domberg sought habeas relief claiming his departure sentences were illegal because the trial judge filed written reasons after notice of appeal was filed. The Florida Supreme Court approved the district court's denial of habeas relief but disapproved its reasoning, holding that w
• Garlotte v. Fordice
  515 U.S. 39· U.S.· 1995-05-30 ·cited 18×
  A habeas petitioner may assert a violation of federal law for an expired conviction if they are currently serving a consecutive sentence.
• Henderson v. Singletary
  617 So. 2d 313· Fla.· 1993-04-19 ·cited 18×
  Robert Dale Henderson, a death row inmate under three death sentences, sought a stay of execution and challenged his death sentences through a second Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court rejected all claims as either procedurally barred or harml
• Young v. Herring
  938 F.2d 543· 5th Cir.· 1991-07-26 ·cited 18×
  The court affirmed the denial of the habeas petition, finding that the petitioner's claims regarding ex parte jury communication, prosecutorial misconduct, and ineffective assistance of counsel were without merit or based on frivolous allegations.
• Schlup v. Armontrout
  941 F.2d 631· 8th Cir.· 1991-07-22 ·cited 18×
  The court held that the district court did not err in barring claims not raised in state court or in denying Schlup's remaining claim on its merits, and that an evidentiary hearing was not required.
• Levis Leon Aldridge v. Dugger
  925 F.2d 1320· 11th Cir.· 1991-02-20 ·cited 18×
  The court held that the trial court's jury instructions improperly limited the jury's consideration of nonstatutory mitigating circumstances, violating Hitchcock v. Dugger, and that this error was not harmless.
• Sikes v. McMILLIAN
  564 So. 2d 1206· Fla. 1st DCA· 1990-07-25 ·cited 18×
  An appellate court may grant relief via habeas corpus if a petitioner demonstrates that the amount of bail set by the trial court is unreasonable under the circumstances.
• United States v. Miller
  907 F.2d 994· 10th Cir.· 1990-07-05 ·cited 18×
  The court affirmed both the conviction for making false statements and the denial of the motion to vacate the conviction based on ineffective assistance of counsel.
• Jones v. U.S. Bureau OF Prisons
  903 F.2d 1178· 8th Cir.· 1990-05-17 ·cited 18×
  The court held that it lacks jurisdiction to review the substantive decisions of the Parole Commission to grant or deny parole, and that the petitioner is not entitled to habeas relief because he eventually received a parole hearing, despite the delay.
• Bolender v. Dugger
  564 So. 2d 1057· Fla.· 1990-05-17 ·cited 18×
  Bernard Bolender, a death row inmate with a second execution warrant signed, petitioned for habeas corpus relief and appealed the denial of his Rule 3.850 postconviction motion. The Florida Supreme Court denied relief, finding his claims either procedurally barred as relitigation
• Kelsey v. McMILLAN
  560 So. 2d 1343· Fla. 1st DCA· 1990-05-07 ·cited 18×
  Petitioners sought habeas corpus relief challenging a trial court's order increasing their bail bonds pending trial for drug possession. The appellate court granted the writ, finding the bond increases were improper because they were based on generalized concerns about drug traff
• McGUIRE v. Estelle
  902 F.2d 749· 9th Cir.· 1990-05-04 ·cited 18×
  The admission of irrelevant, highly prejudicial evidence of prior injuries, coupled with an improper jury instruction that allowed the jury to use this evidence to directly determine guilt, violated the defendant's due process rights.
• Dumond v. A.L. Lockhart
  885 F.2d 419· 8th Cir.· 1989-09-01 ·cited 18×
  The court held that a remand is necessary for a hearing on newly discovered genetic evidence, as it may bear on the constitutionality of the detention and potentially lead to acquittal.
• Duncan v. State OF Ala.
  881 F.2d 1013· 11th Cir.· 1989-08-24 ·cited 18×
  The court held that the petitioner knowingly and intelligently waived his right to conflict-free counsel, affirming the denial of his habeas corpus petition.
• Martinez v. Sullivan
  881 F.2d 921· 10th Cir.· 1989-08-04 ·cited 18×
  The prosecution's failure to utilize the Uniform Act to secure an out-of-state witness, coupled with the witness's history of unreliability, meant the witness was not legally "unavailable" and their prior testimony should not have been admitted, and this error was not harmless.
• Pelmer v. J.D. White
  877 F.2d 1518· 11th Cir.· 1989-07-24 ·cited 18×
  The court held that the petitioner's claims were procedurally barred due to failure to raise them in state court, and his trial counsel's actions did not constitute ineffective assistance excusing the default.
• Kazimierz S. BAL v. A.D. Moyer
  883 F.2d 45· 7th Cir.· 1989-07-19 ·cited 18×
  The court held that the district court did not err in applying the Achacoso-Sanchez standard of review to the denial of a stay of deportation, and that summary judgment was appropriate despite disputed medical evidence.
• Dowling v. State
  545 So. 2d 521· Fla. 5th DCA· 1989-07-06 ·cited 18×
  The court held that an appeal from a Rule 3.800(a) motion denial requires a record on appeal and briefs, unlike appeals from Rule 3.850 motions which can be summarily disposed of. The appeal will not be dismissed because the appellant provided directions to the clerk, but the cle
• Nieto v. Sullivan
  879 F.2d 743· 10th Cir.· 1989-06-26 ·cited 18×
  The court held that the petitioner was not denied a fair trial or a public trial, and affirmed the district court's denial of the writ of habeas corpus.
• Moody v. United States
  874 F.2d 1575· 11th Cir.· 1989-06-13 ·cited 18×
  The court held that a claim of newly discovered evidence is not cognizable in a writ of error coram nobis proceeding, and a claim of ineffective assistance of counsel cannot be raised via coram nobis if another remedy was available.
• Oxborrow v. Eikenberry
  877 F.2d 1395· 9th Cir.· 1989-06-12 ·cited 18×
  The court held that Washington's Sentencing Reform Act allowed for consecutive sentences for economic crimes and that the sentencing court did not rely on untrustworthy information, thus reversing the grant of habeas corpus relief.
• Tafero v. Dugger
  873 F.2d 249· 11th Cir.· 1989-05-01 ·cited 18×
  The court held that the petitioner's Caldwell claim and ineffective assistance of counsel claim are procedurally barred, and any Hitchcock error was harmless.
• Elisha Thomas, Jr. v. Moore
  866 F.2d 803· 5th Cir.· 1989-03-02 ·cited 18×
  The court held that the Batson rule, which addresses racially discriminatory use of peremptory challenges, is not applicable when no timely objection to jury selection was made.
• Weidner v. Thieret
  866 F.2d 958· 7th Cir.· 1989-01-31 ·cited 18×
• Kelly v. Lynaugh
  862 F.2d 1126· 5th Cir.· 1988-12-22 ·cited 18×
  The court held that the appellant's Fifth Amendment rights were not violated by the interrogations, his confession was voluntary, his counsel was not ineffective, and the Texas capital punishment scheme is constitutional as applied.
• Turner v. State OF Tenn.
  858 F.2d 1201· 6th Cir.· 1988-10-07 ·cited 18×
  The court held that a presumption of vindictiveness should not attach to the state's twenty-year plea bargain offer, as there was no realistic likelihood of vindictiveness.
• Preston v. State
  531 So. 2d 154· Fla.· 1988-09-22 ·cited 18×
  Robert Preston was convicted of first-degree murder and sentenced to death in 1981. On appeal, he sought a writ of error coram nobis based on newly discovered evidence that his brother Scott had allegedly confessed to the murder, and filed a habeas corpus petition raising seven c
• Bridge v. Lynaugh
  856 F.2d 712· 5th Cir.· 1988-09-14 ·cited 18×
  The court held that the defendant's mitigating circumstances were adequately addressed under Texas law, and thus denied the motion for a certificate of probable cause to appeal and the stay of execution.
• Keller v. Petsock
  853 F.2d 1122· 3d Cir.· 1988-08-11 ·cited 18×
  The court held that two claims regarding tipstaff communication with the jury were sufficiently meritorious to require further fact-finding in federal district court, and that the district court erred in dismissing the habeas petition without prejudice.
• Edwards v. Scroggy
  849 F.2d 204· 5th Cir.· 1988-07-15 ·cited 18×
  The court held that the erroneous admission of a misdemeanor conviction was not prejudicial and did not require vacating the sentence, distinguishing the case from Johnson v. Mississippi.
• Terrovona v. Kincheloe
  852 F.2d 424· 9th Cir.· 1988-07-07 ·cited 18×
  The court held that the admission of hearsay testimony was constitutional, but remanded for further review of the warrantless arrest, waiver of rights, and admission of prior conviction evidence.
• Terrebonne v. Butler
  848 F.2d 500· 5th Cir.· 1988-06-20 ·cited 18×
• Lightsey v. D.C. Kastner
  846 F.2d 329· 5th Cir.· 1988-06-08 ·cited 18×
  The court held that the Sentencing Reform Act and subsequent amendments do not entitle the prisoner to immediate parole consideration, and his sentence remains subject to its original parole ineligibility terms.
• Buelow v. Dickey
  847 F.2d 420· 7th Cir.· 1988-05-31 ·cited 18×
• Williams v. Hepting
  844 F.2d 138· 3d Cir.· 1988-04-18 ·cited 18×
  Witnesses are entitled to absolute immunity for testimony given at pretrial hearings, and federal courts should stay, rather than dismiss, civil rights claims for damages that cannot be redressed in ongoing state proceedings.
• United States v. Anagnos
  853 F.2d 1· 1st Cir.· 1988-03-30 ·cited 18×
  The court held that the refusal to ask a specific voir dire question regarding juror bias towards law enforcement witnesses was reversible error, and that bail jumping before sentencing does not automatically forfeit the right to appeal.
• Green v. ARN
  839 F.2d 300· 6th Cir.· 1988-02-22 ·cited 18×
  The court held that the petitioner's release from custody and parole did not moot her habeas corpus action.
• Martens v. Shannon
  836 F.2d 715· 1st Cir.· 1988-01-12 ·cited 18×
  The court held that a federal habeas petition containing both exhausted and unexhausted claims must be dismissed.
• Wilson v. Butler
  825 F.2d 879· 5th Cir.· 1987-08-17 ·cited 18×
  The court held that in a death penalty case, evidence presented at an evidentiary hearing for one ineffective assistance claim should also be considered for a related claim, even if initially deemed insufficient, to avoid potential grave injustice.
• Franklin v. Lynaugh
  823 F.2d 98· 5th Cir.· 1987-07-30 ·cited 18×
  The court held that a prosecutor's improper comment on post-arrest silence does not require habeas relief if the court instructs the jury to disregard it and no use of the silence is made. It also held that a jury charge allowing conviction for felony murder based on different un
• Young v. Lynaugh
  821 F.2d 1133· 5th Cir.· 1987-07-20 ·cited 18×
  The court held that the district court properly entertained the habeas petition but must reconsider the substantive claims, vacating the judgment and remanding for further proceedings.
• Cook v. Lynaugh
  821 F.2d 1072· 5th Cir.· 1987-07-07 ·cited 18×
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, and that the petitioner's counsel was constitutionally deficient for failing to investigate a prior conviction used for sentence enhancement.
• Woratzeck v. Ricketts
  820 F.2d 1450· 9th Cir.· 1987-06-25 ·cited 18×
  The court held that the claim of right defense is eliminated for robbery by statute and that no theft instruction was warranted due to lack of supporting evidence.
• Ochoa v. United States
  819 F.2d 366· 2d Cir.· 1987-05-22 ·cited 18×
  The court held that a prisoner is not entitled to credit against a criminal contempt sentence for time spent in civil contempt, and the Parole Commission may rely on hearsay statements in a presentence report even if the sentencing court declined to consider them.
• Tucker v. Kemp
  818 F.2d 749· 11th Cir.· 1987-05-20 ·cited 18×
  The court denied petitioner's application for a certificate of probable cause to appeal the denial of his habeas corpus petition.