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
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802 F.2d 1539·
9th Cir.·
1986-10-23
·cited 81×
The court held that while constitutional and statutory challenges to Parole Commission decisions are reviewable, claims alleging violations of the Guidelines or regulations under the Administrative Procedure Act are not reviewable if Congress has committed such decisions to agenc
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James Douglas Hill, sentenced to death for first-degree murder, appeals his conviction after the trial court denied his post-conviction relief motion. The Florida Supreme Court vacates his conviction and sentence, holding that the trial court was constitutionally required to cond
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677 F.2d 792·
11th Cir.·
1982-05-14
·cited 81×
The court held that the petitioner's trial counsel's profound ignorance of Georgia's bifurcated death penalty trial procedure and failure to recognize obvious defenses constituted ineffective assistance of counsel, violating the Sixth Amendment.
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613 F.2d 275·
10th Cir.·
1980-01-11
·cited 81×
The Tenth Circuit abandoned the 'sham and mockery' test for evaluating Sixth Amendment claims of ineffective assistance of counsel, adopting a standard of 'reasonably competent assistance.' However, the appellant's claim failed even under this new standard.
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590 F.2d 1383·
5th Cir.·
1979-03-12
·cited 81×
The court held that the trial court was not constitutionally required to grant a psychiatric examination or competency hearing based on the facts presented, and that the denial of the examination did not violate due process.
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411 F.2d 9·
5th Cir.·
1969-05-19
·cited 81×
The court held that the prisoner's complaint failed to state a cause of action under 42 U.S.C. § 1985(3) and that habeas corpus relief was unavailable.
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400 F.2d 797·
5th Cir.·
1968-08-20
·cited 81×
The court held that the denial of the habeas corpus petition was erroneous because the state court's jury selection process violated Witherspoon v. Illinois, invalidating the death sentence, and that the case must be remanded to allow state courts to determine if Brady v. Marylan
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Paul Anthony Brown, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief following his conviction for first-degree murder in the 1992 death of Roger Hensley. The Florida Supreme Court affirmed the trial court's de
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Richard Barry Randolph, a death-sentenced inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief, raising claims of judicial bias from ex parte communications, ineffective assistance of counsel, and other constitutional violati
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Terrell Johnson petitioned for habeas corpus relief, raising twenty-three issues challenging his 1980 death sentence conviction for first-degree murder. The Florida Supreme Court denied the petition, finding all claims either procedurally barred or meritless.
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647 So. 2d 106·
Fla.·
1994-05-19
·cited 80×
Marvin Johnson, a death row inmate with four execution warrants signed, petitions for habeas corpus and appeals denial of his second motion for postconviction relief. The Florida Supreme Court denies his habeas petition and most postconviction claims but remands for an evidentiar
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857 F.2d 1245·
9th Cir.·
1988-08-23
·cited 80×
The court held that federal judges cannot constitutionally perform the rulemaking functions assigned to the Sentencing Commission under the Sentencing Reform Act of 1984, as these are substantive regulations, not procedural rules. The court also found that the good time credit pr
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748 F.2d 1462·
11th Cir.·
1984-12-03
·cited 80×
The court held that the defendant received ineffective assistance of counsel at his capital sentencing hearing, violating his Sixth Amendment rights.
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708 F.2d 549·
11th Cir.·
1983-06-15
·cited 80×
The court held that the trial judge's remark about automatic appeal did not rise to the level of constitutional error, and the jury instructions on intent and malice did not impermissibly shift the burden of proof. Therefore, the petitioner did not suffer a due process violation.
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520 F.2d 830·
3d Cir.·
1975-08-05
·cited 80×
The court held that a federal question is presented by the petition for habeas corpus, and the case must be remanded for further proceedings.
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326 F.2d 135·
2d Cir.·
1964-01-06
·cited 80×
The court affirmed the order, finding that the prosecutor's suppression of evidence and presentation of doubtful testimony denied the defendant due process.
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25 Fla. 214·
Fla.·
1889-01-01
·cited 80×
Mack Bowen sought habeas corpus relief after being convicted as an accessory to murder and sentenced to death, even though the alleged principal offender was acquitted and another defendant received a nolle prosequi. The Florida Supreme Court held that habeas corpus is not the pr
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Glen Edward Rogers was convicted of first-degree murder and sentenced to death for the 1995 murder of Tina Marie Cribbs. This appeal challenges the trial court's denial of his motion to vacate his conviction and sentence, and his petition for writ of habeas corpus, raising claims
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865 So. 2d 1259·
Fla.·
2004-01-29
·cited 79×
Johnny Robinson, a death row inmate, appealed the trial court's denial of a successive rule 3.851 postconviction motion and filed a successive habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas relief, re
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687 So. 2d 254·
Fla. 1st DCA·
1996-12-02
·cited 79×
Bard challenged his conditional release revocation through habeas corpus. The trial court denied his petition without allowing him to respond to the Parole Commission's answer, violating procedural rights. The appellate court reversed and remanded, holding that habeas corpus peti
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502 So. 2d 1221·
Fla.·
1987-01-05
·cited 79×
Henry Perry Sireci, a death row inmate, challenged the trial court's order granting an evidentiary hearing on a second motion for post-conviction relief regarding allegedly incompetent psychiatric evaluations. The Florida Supreme Court affirmed the trial court's order, finding th
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675 F.2d 51·
2d Cir.·
1982-04-01
·cited 79×
The court held that the conviction rested on an adequate and independent state ground, precluding federal review of the constitutional claim due to a procedural default. The judgment of the district court denying habeas relief was affirmed.
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546 F.2d 1204·
5th Cir.·
1977-02-11
·cited 79×
A federal court is precluded from considering a state prisoner's Fourth Amendment claims on habeas corpus if the state provided an opportunity for full and fair litigation of those claims, even if the state court resolved the claim on procedural grounds.
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512 F.2d 918·
D.C. Cir.·
1974-11-08
·cited 79×
The court held that it lacked jurisdiction to review a transfer order after the case file was physically transferred to the transferee court, and that the transfer of Small's case to the District of Kansas was appropriate under 28 U.S.C. § 1404(a) given the factual issues involve
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493 F.2d 507·
5th Cir.·
1974-04-26
·cited 79×
The Fourteenth Amendment guarantees involuntarily civilly committed mental patients a constitutional right to treatment, and the evidence was sufficient to support the jury's verdict.
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92 Fla. 837·
Fla.·
1926-10-28
·cited 79×
E.E. White challenges his detention for unlawfully possessing undersized mullet in violation of Florida's 1925 fish conservation statute. The Florida Supreme Court upholds the statute's constitutionality, rejecting arguments that the title violates the state constitution and that
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101 So. 3d 886·
Fla. 1st DCA·
2012-10-24
·cited 78×
The court held that the Supreme Court's decision in Miller v. Alabama, which found mandatory life without parole for juvenile offenders unconstitutional, should not be applied retroactively to cases that were final before Miller was decided.
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Eric Lee Simmons was convicted of first-degree murder, kidnapping, and sexual battery in the stabbing and beating death of Deborah Tressler and sentenced to death. The Florida Supreme Court affirmed the guilt-phase conviction but reversed the death sentence, finding ineffective a
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872 So. 2d 217·
Fla.·
2002-12-05
·cited 78×
Charles Murray challenged his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing his plea agreement in a prior criminal case entitled him to release on probation rather than pretrial civil detention. The Florida Supreme Court held that while M
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Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
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555 So. 2d 355·
Fla.·
1990-01-04
·cited 78×
Amos King, under death sentence for first-degree murder, petitioned the Florida Supreme Court for habeas corpus relief. The Court denied the petition, finding all claimed errors either procedurally barred or lacking merit.
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820 F.2d 1137·
11th Cir.·
1987-06-12
·cited 78×
The court affirmed the denial of the habeas corpus petition, finding that the appellant's claims were either procedurally barred or without merit.
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809 F.2d 702·
11th Cir.·
1987-01-21
·cited 78×
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725 F.2d 1511·
11th Cir.·
1984-02-17
·cited 78×
The court held that the appellant's confession was voluntary and admissible, and that his claims of ineffective assistance of counsel were without merit.
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683 F.2d 1312·
11th Cir.·
1982-08-09
·cited 78×
The court held that the appeal of the July 15 order was moot due to compliance, and the December 14 order was an improper mandatory injunction because plaintiffs had an adequate legal remedy through contempt proceedings for enforcing the consent decree.
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600 F.2d 1085·
5th Cir.·
1979-08-13
·cited 78×
The court held that the trial court did not err in denying a second competency hearing, as the facts presented did not raise a bona fide doubt of the defendant's competency during trial, and post-trial evidence of incompetence does not trigger a procedural violation under Pate.
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574 F.2d 411·
8th Cir.·
1978-04-10
·cited 78×
The court held that the district court correctly granted the writ of habeas corpus because the petitioner received ineffective assistance of counsel.
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515 F.2d 322·
5th Cir.·
1975-06-30
·cited 78×
The court held that inmates waived their right to object to the magistrate's reference by failing to object in the district court. However, the court found the factual findings supporting the adequacy of inmate access to legal materials deficient and remanded for further proceedi
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195 F.2d 366·
8th Cir.·
1952-04-03
·cited 78×
The court held that the district court should not have allowed the appellant to proceed in forma pauperis or appeal as a poor person, and should have certified that the appeal was not taken in good faith.
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Gregory Mills, a death row inmate, petitioned for habeas corpus relief arguing that Florida's capital sentencing scheme violates the Apprendi decision requiring jury findings on facts increasing penalties, and that his jury override was arbitrarily applied under Tedder. The Flori
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541 So. 2d 1125·
Fla.·
1989-03-09
·cited 77×
Freddie Lee Hall, a death row inmate, challenged his death sentence on the ground that his sentencing proceeding violated the Supreme Court's ruling in Hitchcock v. Dugger by limiting consideration to only statutory mitigating circumstances. The Florida Supreme Court reversed, fi
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846 F.2d 642·
11th Cir.·
1988-04-22
·cited 77×
The court held that a jury instruction creating a presumption of intent is unconstitutional but the error was harmless because the defendant raised self-defense, thereby conceding the intent to kill, and alternatively, the evidence of intent was overwhelming. The court also held
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465 So. 2d 510·
Fla.·
1985-03-04
·cited 77×
Johnny Paul Witt, sentenced to death for first-degree murder, appealed the denial of his second post-conviction relief petition under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's dismissal as a successive petition without merit, r
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707 F.2d 1339·
11th Cir.·
1983-06-27
·cited 77×
Charles Kenneth Foster was convicted of first degree murder and sentenced to death in Florida. On federal habeas review, the Eleventh Circuit affirmed the district court's denial of Foster's petition on claims of ineffective assistance of counsel, improper jury instructions on we
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453 F.2d 661·
5th Cir.·
1971-12-09
·cited 77×
The court held that Texas's regulation banning all inmate assistance in preparing legal writs is unconstitutional because the state failed to prove it provided reasonable alternatives. However, the court affirmed that solitary confinement as administered by Texas does not constit
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756 So. 2d 90·
Fla.·
2000-05-04
·cited 76×
The Florida Supreme Court held that the Baker Act procedures are not required before a dependency court orders placement of an adjudicated dependent child in a residential mental health facility, though due process requires a hearing with an opportunity for the child to be heard.
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691 So. 2d 466·
Fla.·
1997-01-09
·cited 76×
Jerry Leon Haliburton, convicted of first-degree murder and sentenced to death, challenged his conviction through a Rule 3.850 post-conviction motion and habeas corpus petition, raising claims of Brady violations, ineffective assistance of counsel, prosecutorial misconduct, and i
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908 F.2d 696·
11th Cir.·
1990-07-24
·cited 76×
The court affirmed the denial of the writ of habeas corpus, finding that while the state committed Brady/Giglio violations and a confrontation clause error, these were harmless beyond a reasonable doubt, and counsel's assistance was not ineffective.
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The court held that the appellant's lawyers rendered ineffective assistance of counsel during the penalty phase by failing to investigate and present mitigation evidence, and that the confession was voluntary and the arrest lawful.
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452 So. 2d 533·
Fla.·
1984-06-12
·cited 76×
Carl Jackson, convicted of robbery, kidnapping, and two counts of first-degree murder, appeals the denial of his second post-conviction motion alleging ineffective assistance of counsel under the new Strickland v. Washington standard, arbitrary and discriminatory imposition of th