Habeas Corpus

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

• Stevens v. Mun. Court FOR the SAN Jose-Milpitas Jud. Dist.
  603 F.2d 111· 9th Cir.· 1979-08-29 ·cited 17×
  The court held that the common benefit exception does not apply to award counsel fees when the beneficiaries are not easily identifiable and costs cannot be shifted with exactitude.
• Gardner v. State
  368 So. 2d 674· Fla. 1st DCA· 1979-03-22 ·cited 17×
• United States ex rel. Arthur Decar Ferris v. Finkbeiner
  551 F.2d 185· 7th Cir.· 1977-03-23 ·cited 17×
  The court held that a defendant is substantially prejudiced and his due process rights are violated when a state court affirmatively misinforms him about a mandatory parole term, thus breaching a plea agreement.
• Baker v. Louie L. Wainwright
  527 F.2d 372· 5th Cir.· 1976-02-23 ·cited 17×
  The court held that the parole revocation procedures violated the parolee's due process rights by denying him the assistance of retained counsel and the opportunity to cross-examine a key witness.
• Franklin v. Wyrick
  529 F.2d 79· 8th Cir.· 1976-01-08 ·cited 17×
  The court held that a state prisoner must exhaust all available state remedies, including appeal to the highest state court, before filing a federal habeas corpus petition. It also held that a federal court need not grant an evidentiary hearing if the state court provided a full
• United States ex rel. Mamdouh Barbour v. Dist. Dir. OF the Immigr. & Naturalization Serv.
  491 F.2d 573· 5th Cir.· 1974-03-21 ·cited 17×
  Detention of an alien without bail pending deportation proceedings is lawful if based on a determination that the alien poses a threat to national security, even if that determination relies on confidential information presented ex parte.
• United States ex rel. Juan Cruz v. LaVALLEE
  448 F.2d 671· 2d Cir.· 1971-09-13 ·cited 17×
  Failure to object to a coerced confession at trial, when done as a deliberate trial strategy to bypass state procedures, precludes a federal habeas corpus hearing on the confession's voluntariness, even if the trial occurred before Jackson v. Denno.
• Marion v. Beto
  434 F.2d 29· 5th Cir.· 1970-11-06 ·cited 17×
• Imbler v. State OF Cal.
  424 F.2d 631· 9th Cir.· 1970-03-11 ·cited 17×
  The district court correctly applied the standard for federal habeas corpus review of state court findings.
• Breedlove v. Beto
  404 F.2d 1019· 5th Cir.· 1968-11-29 ·cited 17×
  The court held that the use of a defendant's statement during cross-examination, even if not formally introduced into evidence, can be sufficient to invoke the rule requiring an independent judicial determination of voluntariness before a jury can consider it.
• United States ex rel. Sylvester Johnson & Stanley Cassidy v. Yeager
  399 F.2d 508· 3d Cir.· 1968-08-23 ·cited 17×
  The admission of co-defendants' confessions in a joint trial, even with limiting instructions, violates the Confrontation Clause when the confessions implicate defendants who did not testify, requiring a new trial or further proceedings.
• Zuniga v. State
  184 So. 2d 659· Fla. 1st DCA· 1966-03-31 ·cited 17×
  The appellate court affirmed the denial of the petition for a writ of habeas corpus, finding that the grounds for relief were not properly raised through habeas corpus.
• Jackson v. The People of the State OF Cal.
  336 F.2d 521· 9th Cir.· 1964-08-14 ·cited 17×
  The court held that while some remarks by the trial judge and prosecutor were improper, they did not rise to the level of a constitutional violation denying a fair trial.
• YOO KUN WHA v. Kelly
  154 So. 2d 161· Fla.· 1963-03-27 ·cited 17×
  The Florida Supreme Court upheld the constitutionality of Chapter 25554, Laws of 1949 (as amended by Chapter 26664, Laws of 1951), which requires grand juries of 23 persons in certain high-population counties, despite the petitioner's argument that recent local laws exempting mos
• Child v. Louie L. Wainwright
  148 So. 2d 526· Fla.· 1963-01-07 ·cited 17×
  The court held that factual disputes regarding the petitioner's sanity and the effectiveness of his counsel could not be resolved on the current record and required further evidentiary proceedings.
• Gerlaugh v. Fla. Parole Comm'n
  139 So. 2d 888· Fla.· 1962-04-13 ·cited 17×
  Richard Gerlaugh challenged his conviction and probation on the ground that the information charging him was signed by an Assistant State's Attorney rather than the State's Attorney, allegedly violating the Florida Constitution. The Florida Supreme Court rejected his habeas corpu
• Duncan v. Madigan
  278 F.2d 695· 9th Cir.· 1960-05-16 ·cited 17×
  The court held that 18 U.S.C. § 5003 is constitutional and not limited to youthful offenders, and that the federal government has the power to contract for the care of state prisoners.
• United States v. Ragen
  246 F.2d 264· 7th Cir.· 1957-07-03 ·cited 17×
  A federal court cannot grant habeas corpus relief if the petitioner has not exhausted state remedies by presenting the same federal claims to state courts, and the claims themselves do not present grounds for federal relief.
• United States ex rel. Donald H. Lilyroth v. Ragen
  222 F.2d 654· 7th Cir.· 1955-05-25 ·cited 17×
  The court held that a petitioner must exhaust state remedies and cannot present different facts to federal court than were presented to state court.
• Massey v. Moore
  205 F.2d 665· 5th Cir.· 1953-06-26 ·cited 17×
  A state prisoner's claim of mental incompetence at the time of trial, raised for the first time via habeas corpus, is an impermissible collateral attack on a final judgment. The Sixth Amendment right to counsel does not apply to state court proceedings, and a state's failure to a
• Schriver v. Tucker
  42 So.2d 707· Fla.· 1949-11-08 ·cited 17×
  This case concerns whether an extradition Rendition Warrant is valid if the supporting documents are not explicitly attached or recited within the warrant itself. The court held that the warrant was valid because it contained recitals of authenticity and the court could take judi
• State v. Clark
  148 Fla. 452· Fla.· 1941-11-14 ·cited 17×
  A Florida father sought custody of his minor children from their mother in a habeas corpus action. The Florida Supreme Court affirmed dismissal for lack of jurisdiction, holding that a court must have jurisdiction over the children themselves—not just the parties—to determine cus
• Pope v. Huff
  117 F.2d 779· D.C. Cir.· 1941-01-21 ·cited 17×
  The court held that the sufficiency of evidence is not a jurisdictional issue reviewable by habeas corpus, and that a petition for release under a sentence that has not yet begun is premature.
• State ex rel. Hoke Williams v. Hon. J. E. Albritton
  141 Fla. 537· Fla.· 1939-12-12 ·cited 17×
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner had not demonstrated that he had served the legally imposed portion of his sentence and that any issues with assessed costs could have been addressed through appeal or certiorari.
• State ex rel. William Green v. Capehart
  138 Fla. 492· Fla.· 1939-06-06 ·cited 17×
  The Florida Supreme Court reversed a habeas corpus judgment that remanded petitioners to police custody for alleged violations of a Hollywood city disorderly conduct ordinance. Although the Court found the ordinance valid and the charges sufficient, it reversed because the police
• State v. Campbell
  123 Fla. 894· Fla.· 1935-11-14 ·cited 17×
  The Florida Supreme Court upheld a circuit judge's authority to commit a criminal defendant to a state insane hospital pending trial, where the defendant had previously been found too mentally ill to stand trial. The court rejected the argument that no statutory procedure existed
• Harrison v. Wilson
  120 Fla. 771· Fla.· 1935-09-12 ·cited 17×
  The Florida Supreme Court held that a special local law regulating deer hunting in Taylor County was unconstitutionally enacted because the required published notice of the legislative intention was not properly attached to the bill and preserved in the Secretary of State's offic
• D'Allessandro v. Tippins
  133 So. 332· Fla.· 1931-03-25 ·cited 17×
  The Florida Supreme Court held that an indictment charging attempted arson and accessory before the fact of attempted arson was void because it failed to allege the essential element of intent required by statute. Although the indictment charged no cognizable offense, the Court r
• State of Fla. ex rel. Richard Reed & Sollie Gay v. Blitch
  97 Fla. 260· Fla.· 1929-02-22 ·cited 17×
  The Florida Supreme Court granted a habeas corpus petition to seven individuals convicted of perjury, holding that the information charging them was void because it failed to allege essential elements of the crime, including the trial court's jurisdiction, the materiality of the
• Terrell v. Wiggins
  55 Fla. 596· Fla.· 1908-01-01 ·cited 17×
  Ben Terrell sought discharge from his sentence, arguing he was entitled to release after twelve months. The Florida Supreme Court affirmed the circuit court's denial, holding that expiration of time without actual imprisonment does not constitute execution of a sentence.
• Hanley v. State
  50 Fla. 82· Fla.· 1905-06-01 ·cited 17×
  This case concerns whether a criminal trial held on a Sunday is void. The appellate court affirmed the denial of a writ of habeas corpus, finding that the trial court's official record indicated the trial concluded on Saturday, not Sunday, and that such records import verity and
• Keila Rosa Camarena v. Director, Immigration and Customs Enforcement
  988 F.3d 1268· 11th Cir.· 2021-02-18 ·cited 16×
  Federal courts lack jurisdiction under 8 U.S.C. § 1252(g) to hear claims by aliens challenging the execution of their removal orders, even if framed as challenges to the government's authority.
• Smith v. Comm'r, Ala. Dep't OF Corr.
  924 F.3d 1330· 11th Cir.· 2019-05-22 ·cited 16×
  The Eleventh Circuit affirmed the district court's denial of habeas relief, holding that the Supreme Court's decision in Moore v. Texas is not retroactive and that the Alabama state courts reasonably applied Atkins v. Virginia in evaluating the petitioner's intellectual disabilit
• Ponton v. Warden John Willis
  172 So. 3d 574· Fla. 1st DCA· 2015-08-27 ·cited 16×
  The court affirmed the summary denial of the habeas petition, finding the claim frivolous and the appeal equally so.
• Morel v. Wilkins
  84 So. 3d 226· Fla.· 2012-03-08 ·cited 16×
  Ronald Morel, detained for nearly a decade pending a civil commitment trial under Florida's Jimmy Ryce Act for sexually violent predators, sought habeas relief claiming unconstitutional denial of treatment and indefinite pretrial detention. The Florida Supreme Court affirmed the
• Borough of Duryea v. Guarnieri
  564 U.S. 379· U.S.· 2011-06-20 ·cited 16×
  The Supreme Court held that the Petition Clause of the First Amendment, when invoked by public employees claiming retaliation for filing grievances or lawsuits against their government employer, is subject to the same 'public concern' test that applies to Speech Clause claims. Th
• Curry v. State
  64 So. 3d 152· Fla. 2d DCA· 2011-06-15 ·cited 16×
  Bryan Curry petitioned for post-conviction relief claiming his appellate counsel was ineffective for failing to argue that the jury instruction on manslaughter by act constituted fundamental error. The court agreed and reversed his second-degree murder conviction, holding that ap
• Greenwood v. State
  51 So. 3d 1278· Fla. 2d DCA· 2011-02-02 ·cited 16×
  The court held that a trial court errs by refusing to allow defendants a brief opportunity to testify under oath at a first appearance hearing regarding pretrial release factors.
• Pressly v. Tadlock
  968 So. 2d 1057· Fla. 2d DCA· 2007-12-05 ·cited 16×
  The circuit court properly denied the petition for writ of habeas corpus because the Department of Corrections' calculation of the release date was not illegal, and any sentencing error must be addressed in the sentencing court.
• Oba Chandler v. McDONOUGH
  471 F.3d 1360· 11th Cir.· 2006-12-18 ·cited 16×
  Oba Chandler, convicted of capital murder and sentenced to death in Florida, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, claiming his trial counsel rendered ineffective assistance by failing to move a second time for a change of venue. The Eleventh Circuit
• Harvey v. State
  946 So. 2d 937· Fla.· 2006-06-15 ·cited 16×
  Harold Lee Harvey, a death row inmate, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising multiple claims of ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's denial, holding th
• van Poyck v. State
  908 So. 2d 326· Fla.· 2005-05-19 ·cited 16×
  Van Poyck, a death row inmate, appealed the denial of his motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.853. The Florida Supreme Court affirmed the denial, holding that DNA evidence establishing Van Poyck was not the triggerman would not create
• Greenberg v. Miami Child's. Hosp. Res. Inst., Inc.
  264 F. Supp. 2d 1064· S.D. Fla.· 2003-05-29 ·cited 16×
  The court held that while unjust enrichment claims may proceed, claims for lack of informed consent, breach of fiduciary duty, fraudulent concealment, and conversion fail for insufficient pleading.
• Perry v. State
  842 So. 2d 301· Fla. 5th DCA· 2003-04-17 ·cited 16×
  A court may revoke pretrial release and order detention based solely on a probable cause affidavit for a new crime, consistent with section 903.0471, Florida Statutes.
• Comer v. Moore
  817 So. 2d 784· Fla.· 2002-03-14 ·cited 16×
  The court held that the 85% minimum sentence service provision enacted by Chapter 95-294 is valid and not invalidated by prior court decisions finding other legislative acts unconstitutional under the single subject rule.
• Krasnick v. State
  780 So. 2d 1045· Fla. 4th DCA· 2001-04-04 ·cited 16×
  Carmen Krasnick appealed the denial of her habeas corpus petition seeking to file a belated postconviction motion based on her attorney's failure to timely file. The court reversed, holding that absent Supreme Court precedent imposing automatic time limits, and given that laches
• Robinson v. Moore
  773 So. 2d 1· Fla.· 2000-08-31 ·cited 16×
  Johnny L. Robinson, a death row inmate, petitioned for habeas corpus relief challenging the legality of his conviction and death sentence for the 1985 murder of Beverly St. George. The Florida Supreme Court denied his petition, rejecting claims of ineffective assistance of appell
• Catis v. State
  741 So. 2d 1140· Fla. 4th DCA· 1998-12-09 ·cited 16×
  The court held that the appellant's claims of ineffective assistance of counsel were facially insufficient and did not establish prejudice.
• Patton v. State
  712 So. 2d 1206· Fla. 1st DCA· 1998-06-22 ·cited 16×
  John Patton, a 99-year-old man charged with murdering his wife, challenged his commitment to the custody of the Department of Health and Rehabilitative Services (HRS) after being found incompetent to stand trial. The court exercised original jurisdiction via common law certiorari
• Frederick v. State
  714 So. 2d 1043· Fla. 4th DCA· 1998-06-03 ·cited 16×