Petition For Writ Of Habeas Corpus

7,506 Florida cases classified under this topic, plus 5,490 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Baker v. State
  878 So. 2d 1236· Fla.· 2004-03-11 ·cited 1805×
  The Florida Supreme Court consolidated three habeas corpus petitions filed by noncapital defendants challenging their convictions and dismissed them as unauthorized. The court clarified that habeas corpus relief is not available for collateral postconviction challenges that shoul
• Knight v. State
  394 So. 2d 997· Fla.· 1981-02-24 ·cited 744×
  Thomas Knight petitioned for habeas corpus claiming ineffective assistance of appellate counsel in his capital case. The Florida Supreme Court adopted a four-step test for evaluating ineffective assistance of counsel claims and rejected each of Knight's four specific allegations
• Witt v. State
  387 So. 2d 922· Fla.· 1980-07-24 ·cited 619×·via Habeas Corpus Proceedings
  Johnny Paul Witt, convicted of first-degree murder and sentenced to death in 1974, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 based on alleged favorable changes in law. The Florida Supreme Court held that only major constitutional law changes ema
• Freeman v. State
  761 So. 2d 1055· Fla.· 2000-06-08 ·cited 579×·via Writ Of Habeas Corpus
  John D. Freeman, a death row inmate convicted of felony murder, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court remanded for an evidentiary hearing on ineffective assistance of counsel claims during
• Jones v. State
  591 So. 2d 911· Fla.· 1991-11-14 ·cited 579×·via Habeas Corpus Petition
  Leo Alexander Jones, convicted of murdering a Jacksonville police officer in 1981, appeals the denial of his second motion for postconviction relief based on alleged newly discovered evidence. The Florida Supreme Court reversed and remanded for an evidentiary hearing after adopti
• Ennis Nettles v. Louie L. Wainwright
  677 F.2d 404· 5th Cir.· 1982-05-17 ·cited 504×
  Failure to file written objections to a magistrate's report bars a party from de novo determination by the district court and from attacking factual findings on appeal, unless the magistrate informs the parties of the ten-day objection deadline.
• Williams v. Louie L. Wainwright
  681 F.2d 732· 11th Cir.· 1982-07-29 ·cited 456×·via Writ Of Habeas Corpus
  A district court may sua sponte conduct a de novo hearing to aid its review of a magistrate's report in post-trial relief applications. Claims of ineffective assistance of counsel were also rejected.
• Carey English v. McCRARY
  348 So. 2d 293· Fla.· 1977-05-06 ·cited 436×
  The Florida Supreme Court held that prohibition is not an available remedy to challenge a trial judge's decision to close a dissolution of marriage hearing to the press, as prohibition only lies for lack or excess of jurisdiction, not for abuse of discretion. The court clarified
• Rutherford v. Moore
  774 So. 2d 637· Fla.· 2000-10-12 ·cited 433×
  Arthur Dennis Rutherford, a death row inmate, petitioned for habeas corpus relief claiming his appellate counsel was constitutionally ineffective. The Florida Supreme Court denied relief, finding that appellate counsel's performance was not deficient because the claims Rutherford
• Baggett v. Louie L. Wainwright
  229 So. 2d 239· Fla.· 1969-11-25 ·cited 431×
  The Florida Supreme Court holds that an indigent criminal defendant has a constitutional right under Douglas v. California to state-appointed counsel for direct appeal, and that when a trial judge promises such appointment but fails to communicate the appointed counsel's identity
• Logan v. State
  846 So. 2d 472· Fla.· 2003-04-17 ·cited 416×
  The Florida Supreme Court dismissed habeas corpus and prohibition petitions filed pro se by criminal defendants who were simultaneously represented by counsel in pending trial court proceedings. The Court clarified that defendants cannot engage in 'hybrid' representation by filin
• Shull v. Dugger
  515 So. 2d 748· Fla.· 1987-11-25 ·cited 415×·via Writ Of Habeas Corpus
  Shull seeks habeas corpus release after his sentencing was reversed on appeal due to an invalid habitual offender departure. The Florida Supreme Court holds that when a trial court's reasons for departing from sentencing guidelines are invalidated on appeal, the court cannot arti
• Hitchcock v. State
  226 So. 3d 216· Fla.· 2017-08-10 ·cited 390×·via Habeas Corpus Petition
  James Ernest Hitchcock, a death row inmate whose sentence became final in 2000, sought postconviction relief based on the U.S. Supreme Court's decision in Hurst v. Florida, arguing his death sentence was rendered unconstitutional. The Florida Supreme Court affirmed the denial of
• Sochor v. State
  883 So. 2d 766· Fla.· 2004-07-08 ·cited 362×
  Dennis Sochor, a death-row inmate, appealed denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief, raising thirty claims including ineffective assistance of counsel at the penalty phase, Brady/Giglio violations, and constitutional challenges to F
• Heath v. Jones
  863 F.2d 815· 11th Cir.· 1989-01-17 ·cited 362×
  The denial of the appellant's petition for a writ of habeas corpus is affirmed because the magistrate's report and recommendation, adopted by the district court, correctly found that state remedies were exhausted and the claims lacked merit.
• Pope v. Louie L. Wainwright
  496 So. 2d 798· Fla.· 1986-10-16 ·cited 361×·via Writ Of Habeas Corpus
  Thomas Dewey Pope, a death row inmate, petitioned for habeas corpus alleging ineffective assistance of appellate counsel for failing to raise various issues on direct appeal. The Florida Supreme Court denied the petition, holding that Pope's appellate counsel was not deficient be
• Linroy Bottoson v. Moore
  833 So. 2d 693· Fla.· 2002-10-24 ·cited 352×
  Linroy Bottoson, a death row inmate with an active execution warrant, sought habeas corpus relief under the U.S. Supreme Court's Ring v. Arizona decision, which invalidated certain aspects of Arizona's capital sentencing statute. The Florida Supreme Court denied relief, finding t
• Thompson v. State
  759 So. 2d 650· Fla.· 2000-04-13 ·cited 346×
  William L. Thompson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's summary denial of the motion and rejected all claims, finding most were procedurally
• Castro Bobadilla v. Reno
  1993 WL 259424· S.D. Fla.· 1993-07-09 ·cited 343×
  The court held that the magistrate had jurisdiction, the charged offenses were within the extradition treaty, and there was sufficient evidence to support a finding of probable cause for extradition.
• Jackson v. State
  648 So. 2d 85· Fla.· 1994-04-21 ·cited 314×
  Andrea Hicks Jackson was convicted of murdering a Jacksonville police officer in 1983 and sentenced to death. The Florida Supreme Court vacated her death sentence because the jury instruction on the "cold, calculated, and premeditated" (CCP) aggravating factor was unconstitutiona
• Nelson v. State
  875 So. 2d 579· Fla.· 2004-06-03 ·cited 305×·via Habeas Corpus Proceedings
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant alleging ineffective assistance of counsel for failing to call witnesses must specifically allege in a Rule 3.850 postconviction motion that those witnesses would have been availab
• Henley v. Johnson
  885 F.2d 790· 11th Cir.· 1989-09-29 ·cited 299×
  The court held that the inmate summary accurately computed the prisoner's sentence and that the prisoner was not entitled to additional credit for time served under a vacated conviction or for good time credits on prior sentences that were consumed by a subsequent longer sentence
• Kimbrough v. Beto
  412 F.2d 981· 5th Cir.· 1969-05-26 ·cited 292×·via Habeas Corpus Petition
  The court held that a threat to reindict a defendant as an habitual criminal, if made to coerce a guilty plea, constitutes duress and vitiates the plea's voluntariness.
• LoCONTE v. Dugger
  847 F.2d 745· 11th Cir.· 1988-06-20 ·cited 284×·via Habeas Corpus Petition
  The court held that the district court did not err in denying the petition for habeas corpus relief, as the guilty plea was knowing, intelligent, and voluntary, and counsel was not ineffective.
• Blanco v. Louie L. Wainwright
  507 So. 2d 1377· Fla.· 1987-05-07 ·cited 276×·via Writ Of Habeas Corpus
  Omar Blanco, a death row inmate convicted of first-degree murder, sought post-conviction relief and a writ of habeas corpus challenging his conviction and death sentence. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion and denied the habeas petition, findin
• Spinkellink v. Louie L. Wainwright
  578 F.2d 582· 5th Cir.· 1978-08-21 ·cited 274×
  The court held that the exclusion of veniremen who were irrevocably committed to voting against the death penalty was proper and did not violate the petitioner's constitutional rights.
• Amos Lee King v. Moore
  831 So. 2d 143· Fla.· 2002-10-24 ·cited 272×·via Writ Of Habeas Corpus
  Amos Lee King, a death row inmate with an active execution warrant, sought habeas relief based on Ring v. Arizona, which held unconstitutional capital sentencing statutes allowing judges to find aggravating circumstances without jury findings. The Florida Supreme Court denied rel
• Gennero Galtieri v. Louie L. Wainwright
  582 F.2d 348· 5th Cir.· 1978-10-23 ·cited 251×
  The court holds that while generally mixed habeas petitions should be dismissed, district judges may address exhausted grounds when fundamental rights are at stake, and such decisions will be reviewed on the merits.
• Carroll v. Secretary, DOC, FL Attorney General
  574 F.3d 1354· 11th Cir.· 2009-07-17 ·cited 243×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Elmer Leon Carroll, a Florida death row inmate, appealed the district court's denial of his 28 U.S.C. § 2254 habeas petition challenging his capital conviction and sentence. Carroll raised two Atkins v. Virginia claims: (1) that he was mentally retarded and thus exempt from execu
• Rose v. State
  675 So. 2d 567· Fla.· 1996-03-07 ·cited 229×
  James Franklin Rose, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court affirmed the denial regarding ineffective assistance of counsel during the guilt phase but reversed as to the penalty phase, fi
• Herring v. Estelle
  491 F.2d 125· 5th Cir.· 1974-03-15 ·cited 226×·via Habeas Corpus Petition
  A guilty plea entered without effective assistance of counsel, who failed to advise the defendant on the relevant law regarding the charge, is involuntary and unknowing.
• Cleveland Hollingshead v. Louie L. Wainwright
  194 So. 2d 577· Fla.· 1967-01-25 ·cited 217×·via Writ Of Habeas Corpus
  Cleveland Hollingshead sought habeas corpus relief after being denied appellate counsel by the trial court, despite repeated requests. The Florida Supreme Court, following the U.S. Supreme Court's reversal in Douglas v. California, held that due process requires Hollingshead be a
• Dusty Ray Spencer v. State
  842 So. 2d 52· Fla.· 2003-01-09 ·cited 215×
  Dusty Ray Spencer appeals the denial of his Rule 3.850 postconviction motion and petitions for habeas corpus following his conviction for first-degree murder and imposition of a death sentence. The Florida Supreme Court affirms the trial court's denial of postconviction relief an
• Ford v. Strickland
  696 F.2d 804· 11th Cir.· 1983-01-07 ·cited 214×·via Habeas Corpus Petition
  The court held that the Florida Supreme Court's practice of considering non-record material on direct appeal in capital cases violates due process, and that failure to require full resentencing after invalidating aggravating factors is an error.
• Guzman v. State
  868 So. 2d 498· Fla.· 2003-11-20 ·cited 204×·via Writ Of Habeas Corpus
  James Guzman appeals the denial of his post-conviction Rule 3.850 motion challenging his death sentence for murder, raising claims of prosecutorial misconduct, evidence suppression, and destruction of evidence. The Florida Supreme Court affirms most denials but remands the Giglio
• Marshall v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  828 F.3d 1277· 11th Cir.· 2016-07-12 ·cited 197×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Johnny Marshall appealed the denial of his habeas corpus petition challenging his Florida armed robbery conviction, arguing that his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to move to suppress an eyewitness identification obtained d
• Munn v. Fla. Parole Comm'n
  807 So. 2d 733· Fla. 1st DCA· 2002-02-12 ·cited 197×
• Mosley v. State
  209 So. 3d 1248· Fla.· 2016-12-22 ·cited 196×
  John Mosley was convicted of murdering his girlfriend and infant son in April 2004 and sentenced to death for the child's murder and life imprisonment for the girlfriend's murder. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal. In this post
• Busby v. Holman
  356 F.2d 75· 5th Cir.· 1966-01-31 ·cited 195×
  The court did not issue a holding as this is a dissenting opinion.
• Harvey v. Dugger
  656 So. 2d 1253· Fla.· 1995-02-23 ·cited 192×·via Writ Of Habeas Corpus
  Harold Lee Harvey, Jr., a death row inmate, petitioned for habeas corpus and appealed the trial court's denial of his Rule 3.850 postconviction motion challenging his convictions for two first-degree murders. The Florida Supreme Court remanded for evidentiary hearings on several
• Washington v. Strickland
  693 F.2d 1243· 5th Cir.· 1982-12-23 ·cited 191×·via Habeas Corpus Proceedings
  The court held that the district court erred in applying the outcome-determinative test for prejudice in a habeas corpus claim of ineffective assistance of counsel. It established a new standard for prejudice, requiring proof that the omitted mitigating evidence would have "subst
• Teffeteller v. Dugger
  734 So. 2d 1009· Fla.· 1999-03-04 ·cited 188×·via Writ Of Habeas Corpus
  Robert Allan Teffeteller, a death row inmate, appealed the trial court's denial of his rule 3.850 post-conviction motion and petitioned for a writ of habeas corpus, raising twenty-one and twenty-two issues respectively. The Florida Supreme Court affirmed the denial of post-convic
• Steele v. Kehoe
  747 So. 2d 931· Fla.· 1999-05-27 ·cited 186×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a convicted defendant must obtain appellate or postconviction relief before pursuing a legal malpractice action against counsel, but also established a due process right to a belated hearing and filing of postconviction relief when counsel agre
• McQUEEN v. Swenson
  498 F.2d 207· 8th Cir.· 1974-06-04 ·cited 183×·via Habeas Corpus Petition
  The court held that the petitioner's trial counsel's failure to conduct any pretrial investigation beyond interviewing the defendant constituted ineffective assistance of counsel, violating the Sixth and Fourteenth Amendments.
• Rodriguez v. State
  919 So. 2d 1252· Fla.· 2005-05-26 ·cited 181×·via Writ Of Habeas Corpus
  Juan David Rodriguez, a death-sentenced prisoner, appeals the denial of his Rule 3.850 postconviction motion and petitions for writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all postconviction claims and denied habeas relief, finding no meri
• State v. Dist. Court of Appeal of Fla.
  569 So. 2d 439· Fla.· 1990-11-01 ·cited 181×·via Habeas Corpus Petition
  The Florida Supreme Court held that petitions for belated appeal based on ineffective assistance of counsel must be filed in trial court under Florida Rule of Criminal Procedure 3.850, rather than in appellate court by habeas corpus petition. The Court granted the State's petitio
• State v. Coney
  845 So. 2d 120· Fla.· 2003-03-06 ·cited 178×
  The Florida Supreme Court affirmed a circuit court order vacating Jimmie Lee Coney's death sentence and granting a new penalty phase proceeding, finding that trial counsel rendered ineffective assistance during the penalty phase by failing to adequately investigate and present me
• Wilson v. Louie L. Wainwright
  474 So. 2d 1162· Fla.· 1985-08-15 ·cited 174×
  The Florida Supreme Court granted habeas corpus relief and a new direct appeal for a capital defendant whose appellate counsel provided ineffective assistance by failing to brief the critical issue of evidentiary sufficiency for premeditation and by providing an inadequate brief
• Proffitt v. Louie L. Wainwright
  685 F.2d 1227· 11th Cir.· 1982-09-10 ·cited 174×·via Habeas Corpus Petition
  The court held that the defendant received ineffective assistance of counsel at the sentencing phase because counsel failed to investigate and present mitigating evidence, particularly regarding the defendant's mental condition.
• Jones v. State
  845 So. 2d 55· Fla.· 2003-02-13 ·cited 172×
  Randall Scott Jones appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus in a capital murder case where he was convicted and sentenced to death for two murders in 1988. The Florida Supreme Court affirmed the trial court's denial