Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Waite v. Overlade
  164 F.2d 722· 7th Cir.· 1947-12-19 ·cited 18×
  The court held that a civil court's review of a court-martial conviction via habeas corpus is limited to the issue of jurisdiction, and that the appellant's claims of procedural errors did not deprive the court-martial of jurisdiction.
• United States ex rel. Schlimmgen v. Jordan
  164 F.2d 633· 7th Cir.· 1947-12-09 ·cited 18×
  The court held that an alien's return to the United States after visiting foreign ports, even as a crew member on an American vessel, constitutes an 'entry' for immigration purposes, and admitting to a crime involving moral turpitude prior to such entry justifies deportation.
• United States ex rel. Gregoire v. Watkins
  164 F.2d 137· 2d Cir.· 1947-11-06 ·cited 18×
  The court held that the relator's "native" status under the Alien Enemy Act is determined by the political boundaries of the hostile nation at the time of his arrest, not his birth.
• Ishmael Washington v. Mayo
  159 Fla. 477· Fla.· 1947-09-19 ·cited 18×
  Washington petitioned for a writ of habeas corpus claiming his imprisonment violated principles established in Joyner v. State. The Florida Supreme Court rejected his claim, finding that his multiple felony convictions properly fell under habeas corpus statutes rather than the Jo
• Orencia v. Overholser
  163 F.2d 763· D.C. Cir.· 1947-08-11 ·cited 18×
  The court held that the appellant was properly committed to St. Elizabeths Hospital following an acquittal by reason of insanity and that her subsequent petitions for habeas corpus were correctly denied.
• Ruben v. Welch
  159 F.2d 493· 4th Cir.· 1947-01-30 ·cited 18×
  A prisoner is not entitled to release on habeas corpus if the sentence imposed is void, but must be remanded for proper sentencing.
• Bledsoe v. Johnston
  154 F.2d 458· 9th Cir.· 1946-03-20 ·cited 18×
  A district court can amend judgments to reflect consecutive sentences if the correction is based on contemporaneous record evidence, such as docket entries.
• State v. Coleman
  156 Fla. 413· Fla.· 1945-10-05 ·cited 18×
  The court held that the information charged at least one criminal offense with sufficient clarity to justify denying discharge from custody via habeas corpus.
• Crum v. Hunter
  151 F.2d 359· 10th Cir.· 1945-09-04 ·cited 18×
  A defendant is not deprived of effective assistance of counsel merely because assigned counsel advises or urges a guilty plea after investigation.
• Blood v. Hunter
  150 F.2d 640· 10th Cir.· 1945-06-25 ·cited 18×
  The court held that a voluntary guilty plea negates claims of illegal detention affecting the conviction, even if a confession was obtained during that detention.
• McDonald v. Johnston
  149 F.2d 768· 9th Cir.· 1945-04-02 ·cited 18×
  A district court has the power to vacate an original sentence and impose a new, valid sentence, even if the original sentence was partially valid.
• Overholser v. Treibly
  147 F.2d 705· D.C. Cir.· 1945-02-20 ·cited 18×
  The court held that while habeas corpus is available to challenge confinement, it is not the proper procedure to determine the merits of sanity or insanity; instead, it can lead to a conditional discharge pending a proper re-examination.
• Taylor v. Squier
  142 F.2d 737· 9th Cir.· 1944-05-12 ·cited 18×
  A prisoner who violates parole is not entitled to good time deductions and the time spent out on parole does not count towards their sentence.
• Whitten v. Bennett
  141 F.2d 295· 7th Cir.· 1944-03-08 ·cited 18×
  The court held that federal habeas corpus petitions were properly denied because state remedies were not exhausted and a certificate of probable cause was lacking. The court also rejected claims regarding the change of the institution's name and the effect of out-of-state paroles
• Ex parte Zimmerman. Zimmerman v. Walker
  132 F.2d 442· 9th Cir.· 1942-12-14 ·cited 18×
  The denial of the writ of habeas corpus was proper because the privilege of the writ was lawfully suspended due to invasion and the petition did not demonstrate entitlement to relief.
• Hill v. Sanford
  131 F.2d 417· 5th Cir.· 1942-11-07 ·cited 18×
  A habeas corpus petition seeking release from sentences based on guilty pleas to indictments is denied when the indictments, though potentially defective in pleading, sufficiently indicate an offense under a valid statute and the defendant does not deny actual guilt.
• Mitchell v. Youell
  130 F.2d 880· 4th Cir.· 1942-10-07 ·cited 18×
  The court held that the petitioner was denied due process of law because he was tried for burglary without the benefit of counsel under circumstances where counsel was essential for a fair trial.
• Wipf v. King
  131 F.2d 33· 8th Cir.· 1942-10-05 ·cited 18×
  The court held that industrial good time credits are subject to the same forfeiture conditions as general good conduct credits and are not an absolute right.
• Kelly v. Ragen
  129 F.2d 811· 7th Cir.· 1942-07-15 ·cited 18×
  The court held that the district court did not err in dismissing the habeas corpus petition, affirming the judgment.
• Jones v. Dowd
  128 F.2d 331· 7th Cir.· 1942-05-22 ·cited 18×
  A federal court cannot grant a writ of habeas corpus to review alleged errors of law by a state trial court if that court had jurisdiction, and if the petitioner has not exhausted available state remedies.
• Watkins v. Rives
  125 F.2d 33· D.C. Cir.· 1941-12-22 ·cited 18×
  The Probate Court has jurisdiction to try title to assets when an executor claims them adversely to the estate, and commitment for contempt for failure to comply with a turnover order is permissible.
• Local Draft Bd. NO. 1 OF Silver BOW Cnty. v. Connors
  124 F.2d 388· 9th Cir.· 1941-12-13 ·cited 18×
  The court held that the complaint failed to state a cause of action because the registrant did not claim deferment as a 'necessary man' as defined by the Selective Training and Service Act and its regulations. Therefore, the preliminary injunction was improvidently granted.
• Ex parte Green
  123 F.2d 862· 2d Cir.· 1941-11-24 ·cited 18×
  A member of the Six Nations of Indians is subject to the Selective Training and Service Act of 1940, as subsequent statutes conferring citizenship override treaty rights regarding conscription.
• Bragg v. Huff
  118 F.2d 1006· 4th Cir.· 1941-04-15 ·cited 18×
  The court held that industrial good time allowances do not alter a prisoner's parole status or the expiration of their sentence for parole violation purposes.
• Moon v. Smith
  138 Fla. 410· Fla.· 1939-06-02 ·cited 18×
  J.D. Moon was arrested for violating Orlando's zoning ordinance by operating a tourist camp in a residential zone. The Florida Supreme Court held that the zoning ordinance was invalid and unenforceable because the required district map was never attached to the ordinance, making
• Overstreet v. Whiddon
  130 Fla. 231· Fla.· 1937-11-13 ·cited 18×
  The Florida Supreme Court upheld eleven informations charging Overstreet with election-related offenses, rejecting his habeas corpus attack. The court held that nine informations sufficiently alleged the date of the offense by specifying a four-day window with clarity, and that t
• Reffkin v. Mayo
  115 Fla. 214· Fla.· 1934-06-09 ·cited 18×
  John Reffkin, convicted of fraud and sentenced to five years imprisonment in Florida, challenges his rearrest following a vacated habeas corpus discharge order. The Supreme Court holds that Judge Stringer's January 21, 1933 order discharging Reffkin from custody was valid and tha
• Hardee Sloan v. Brown
  114 Fla. 739· Fla.· 1934-05-10 ·cited 18×
  This case involves a habeas corpus petition seeking release from a contempt of court judgment. The court held that approaching and discussing a grand jury investigation with a grand juror constituted contempt of court, as it tended to obstruct the administration of justice.
• Jackson v. O'Connell
  114 Fla. 705· Fla.· 1934-05-07 ·cited 18×
  William Jackson challenged his arrest for operating a slot machine without a city license. The Florida Supreme Court affirmed the denial of habeas corpus, holding that the City of Pensacola's $10 license tax on slot machines was a valid revenue measure that did not unlawfully dis
• Devoe v. Tucker
  113 Fla. 805· Fla.· 1934-01-23 ·cited 18×
  Eddie Devoe was sentenced to one year at hard labor for assault with intent to commit manslaughter, but the Florida Supreme Court held that under state law, the maximum jail sentence for this offense was six months. Since Devoe had already served more than six months, the Court d
• Robinson v. Fix
  113 Fla. 151· Fla.· 1933-12-06 ·cited 18×
  In this habeas corpus case, the Florida Supreme Court addressed whether a person who works and resides in Florida for five months each year while maintaining citizenship and domicile in Indiana qualifies as a "non-resident" under the motor vehicle license exemption statute. The c
• Ex parte Elmo Kitts
  109 Fla. 202· Fla.· 1933-03-23 ·cited 18×
  This case concerns whether a sixteen-year-old boy charged with a felony can be committed to a juvenile facility without a jury trial on the criminal charge. The court held that such a commitment is unlawful if based solely on a criminal charge without a prior adjudication of guil
• State Ex Rel. Bliss v. Blitch
  130 So. 444· Fla.· 1930-09-30 ·cited 18×
  This case concerns a habeas corpus petition challenging the validity of a state law establishing a criminal court of record in Palm Beach County. The court found that the law was validly enacted, despite claims of insufficient notice, because the legislative journals provided evi
• D'Alessandro v. Tippins
  98 Fla. 853· Fla.· 1929-11-05 ·cited 18×
  D'Alessandro sought habeas corpus relief claiming unlawful imprisonment under a void judgment for unlawful possession of intoxicating liquors. The Florida Supreme Court affirmed the lower court's remand, holding that the January 1927 judgment was a valid correction of the origina
• Douglas v. Smith
  66 Fla. 460· Fla.· 1913-12-10 ·cited 18×
  Mack Douglas challenged his detention by the Sheriff of Volusia County on a habeas corpus petition, arguing that the statute prohibiting use of seines with meshes less than two inches in fresh water rivers was unconstitutional and provided no valid penalty. The Florida Supreme Co
• Hitup Maddox v. Leda Ray Barr
  49 Fla. 182· Fla.· 1905-01-01 ·cited 18×
  The Supreme Court of Florida reviewed a lower court's decision to grant a mother custody of her child via habeas corpus. The court reversed the decision, finding that the mother's return did not overcome the father's claim to custody based on a prior divorce decree.
• Horner v. United States
  147 U.S. 449· U.S.· 1893-01-30 ·cited 18×
  Edward H. Horner was convicted under federal law for mailing a circular advertising Austrian government premium bonds that involved periodic drawings to determine redemption amounts and large prize distributions. The Supreme Court held that these bonds constituted a "lottery" or
• Ex parte Warris
  28 Fla. 371· Fla.· 1891-06-01 ·cited 18×
  Petitioners John Warris and John Johnson, held under indictment for assault with intent to murder in Wakulla County, seek habeas corpus relief alleging denial of speedy trial rights and defects in grand jury selection. The Florida Supreme Court denies relief, holding that grand j
• Sears v. Warden GDCP
  73 F.4th 1269· 11th Cir.· 2023-07-19 ·cited 17×
  Demarcus Sears, sentenced to death in Georgia for kidnapping with bodily injury and armed robbery after the 1990 murder of Gloria Wilbur, appealed his death sentence on federal habeas review, contending that Georgia's inequitable discovery rule under *Sabel v. State* violated his
• Bouie v. State
  266 So. 3d 879· Fla. 5th DCA· 2019-03-29 ·cited 17×
  The trial court properly dismissed the habeas corpus petition.
• Anderson v. State
  220 So. 3d 1133· Fla.· 2017-03-09 ·cited 17×
  Charles Anderson challenges his 1999 conviction for first-degree murder and death sentence in a capital case. The Florida Supreme Court affirms the conviction but vacates the death sentence based on Hurst v. Florida, requiring a new penalty phase with a unanimous jury recommendat
• Renaldo Devon McGirth v. State
  209 So. 3d 1146· Fla.· 2017-01-26 ·cited 17×
  McGirth was convicted of first-degree murder and sentenced to death. On postconviction appeal, the Florida Supreme Court affirmed the denial of his Rule 3.851 motion but granted his habeas corpus petition, vacating his death sentence and remanding for a new penalty phase proceedi
• Andujar-Ruiz v. State
  205 So. 3d 803· Fla. 2d DCA· 2016-11-16 ·cited 17×
  Angel Andujar-Ruiz petitioned for relief from appellate counsel's ineffective assistance, arguing that counsel failed to raise fundamental error regarding jury instructions on his duty to retreat under Florida's Stand Your Ground law. The Florida Second District Court of Appeal g
• Johnson Cuffy v. State
  190 So. 3d 86· Fla. 4th DCA· 2015-03-18 ·cited 17×
  The court held that the defendant's repeated filings constituted an abuse of postconviction relief procedures, warranting sanctions.
• Pope v. Sec'y, Fla. Dep't OF Corr.
  752 F.3d 1254· 11th Cir.· 2014-05-15 ·cited 17×
  Thomas Dewey Pope was convicted in 1982 of three murders and sentenced to death. Pope claimed his trial counsel provided ineffective assistance during the penalty phase by failing to investigate and present mitigation evidence regarding his childhood, military service, drug depen
• Henry v. State
  125 So. 3d 745· Fla.· 2013-10-31 ·cited 17×
  Robert Henry appeals the denial of his successive motion for post-conviction relief based on newly discovered evidence—the American Society of Addiction Medicine's 2011 definition of addiction as a brain disorder. The Florida Supreme Court affirmed the circuit court's denial, hol
• Ryan v. Valencia Gonzales
  568 U.S. 57· U.S.· 2013-01-08 ·cited 17×
  The Supreme Court held that neither 18 U.S.C. § 3599 (right to counsel in federal habeas proceedings for capital prisoners) nor 18 U.S.C. § 4241 (competency determinations in criminal prosecutions) provides a statutory right to competence requiring suspension of federal habeas pr
• Hall v. State
  109 So. 3d 704· Fla.· 2012-12-20 ·cited 17×
  Freddie Lee Hall, a death row inmate, appealed the trial court's denial of his motion to vacate his death sentence based on alleged mental retardation under Atkins v. Virginia. The Florida Supreme Court affirmed the denial, holding that Hall failed to meet the first prong of ment
• Dessaure v. State
  55 So. 3d 478· Fla.· 2010-10-07 ·cited 17×
  Kenneth Dessaure appeals the trial court's denial of his post-conviction relief motion and habeas petition following his conviction for first-degree murder and death sentence in the 1999 killing of Cindy Riedweg. The Florida Supreme Court affirms, rejecting claims that trial coun
• Runner O. Santana v. Henry
  12 So. 3d 843· Fla. 1st DCA· 2009-05-29 ·cited 17×
  A Florida inmate filed a habeas corpus petition alleging he was entitled to immediate release based on improper sentencing credit calculations. The trial court summarily dismissed the petition without notice or response from the Department of Corrections, citing failure to exhaus