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

• Achtien v. Dowd
  117 F.2d 989· 7th Cir.· 1941-02-19 ·cited 57×
  A federal court cannot grant a writ of habeas corpus if the petitioner has not first exhausted available remedies in state court, even if the petitioner believes state remedies would be futile.
• Seburt Nelson Connor v. State
  979 So. 2d 852· Fla.· 2007-11-15 ·cited 56×
  Seburt Nelson Connor appeals the circuit court's denial of his Rule 3.851 post-conviction motion and petitions for a writ of habeas corpus following his conviction for two counts of first-degree murder and sentences of life imprisonment and death. The Florida Supreme Court affirm
• Mills v. State
  786 So. 2d 547· Fla.· 2001-04-25 ·cited 56×
  Gregory Mills, a death row inmate, appealed the trial court's denial of his Rule 3.850 postconviction relief motion, raising claims of newly discovered evidence regarding a codefendant's credibility, the constitutionality of the felony murder aggravator, and denial of public reco
• Davis v. State
  705 So. 2d 133· Fla. 5th DCA· 1998-01-30 ·cited 56×
  A juvenile can waive written findings for adult sanctions if the waiver is intelligent and knowing.
• Phillips v. State
  608 So. 2d 778· Fla.· 1992-09-24 ·cited 56×
  Harry Franklin Phillips, a death row inmate convicted of murder, appeals the denial of his Rule 3.850 postconviction motion. The Florida Supreme Court affirmed the conviction and guilt-phase claims but found trial counsel was ineffective for failing to present mental health mitig
• Walberg v. Israel
  766 F.2d 1071· 7th Cir.· 1985-07-01 ·cited 56×·via Habeas Corpus Petition
  The dissenting judge believes the petitioner failed to prove denial of effective assistance of counsel, and that state court findings of fact should be presumed correct.
• Self v. Blackburn
  751 F.2d 789· 5th Cir.· 1985-01-31 ·cited 56×·via Habeas Corpus Petition
  The court held that the state district court had jurisdiction to accept a juvenile's guilty plea to first-degree murder and that the prisoner's understanding of parole eligibility did not constitute a breached plea bargain.
• Sullivan v. State
  441 So. 2d 609· Fla.· 1983-11-21 ·cited 56×
  Robert Sullivan, convicted of murder and sentenced to death in 1973, appeals the trial court's denial of his second Rule 3.850 motion for post-conviction relief and seeks various forms of habeas relief. The Florida Supreme Court affirms the denial of his motion and rejects his ha
• Hayward v. United States Parole Comm'n
  659 F.2d 857· 8th Cir.· 1981-09-18 ·cited 56×·via Habeas Corpus Petition
  The court held that the Parole Commission did not violate statutory authority or the ex post facto clause by considering offense sophistication over institutional adjustment and by applying revised guidelines.
• Ahssem Rifai v. United States Parole Comm'n & Warden
  586 F.2d 695· 9th Cir.· 1978-11-20 ·cited 56×
  The court held that neither the 1973 parole guidelines nor the 1976 statutory changes violated the ex post facto clause because the guidelines were procedural and the statutory changes did not inflict greater punishment.
• Rinehart v. Lou V. Brewer
  561 F.2d 126· 8th Cir.· 1977-08-19 ·cited 56×
  The court held that a 15-year-old defendant's guilty plea was involuntary due to inadequate explanations and immaturity, and that he received ineffective assistance of counsel and was denied an impartial tribunal.
• Zicarelli v. Gray
  543 F.2d 466· 3d Cir.· 1976-09-10 ·cited 56×·via Habeas Corpus Petition
  The court did not definitively rule on the jury selection issue as it was not presented and the case's disposition made it unnecessary.
• Roddy v. Black
  516 F.2d 1380· 6th Cir.· 1975-05-27 ·cited 56×·via Habeas Corpus Petition
  A state court's acceptance of a guilty plea is not constitutionally invalid for failing to establish a factual basis for the plea, nor for failing to explicitly advise the defendant of the maximum sentence, if the plea was otherwise voluntary and intelligent.
• Garafola v. Benson
  505 F.2d 1212· 7th Cir.· 1974-11-18 ·cited 56×·via Habeas Corpus Petition
  The court held that the Parole Board's practice of ordinarily denying meaningful parole consideration before the one-third sentence mark for prisoners sentenced under 18 U.S.C. § 4208(a)(2) breaches its statutory duty.
• United States ex rel. Roy Schuster v. Ross E. Herold, M.D.
  410 F.2d 1071· 2d Cir.· 1969-04-24 ·cited 56×·via Writ Of Habeas Corpus
  The dissenting judge would affirm the lower court's denial of habeas corpus, arguing federal courts should not dictate state procedures for prisoner mental health commitments.
• United States ex rel. Francis Henry Bloeth v. Denno
  313 F.2d 364· 2d Cir.· 1963-01-25 ·cited 56×·via Habeas Corpus Petition
  The court held that the extensive and inflammatory pretrial publicity created such prejudice that the jury could not be impartial, violating the defendant's Fourteenth Amendment rights.
• Francis v. Lyman
  216 F.2d 583· 1st Cir.· 1954-11-09 ·cited 56×·via Writ Of Habeas Corpus
  Public officials, including institutional superintendents, are not liable under the Civil Rights Act for actions taken in good faith reliance on a facially valid judicial commitment order, absent express legislative intent to abrogate established privileges.
• Falcon v. State
  111 So. 3d 973· Fla. 1st DCA· 2013-04-30 ·cited 55×
  Rebecca Lee Falcon, sentenced to mandatory life without parole for first-degree murder committed at age 15, sought postconviction relief based on Miller v. Alabama, which prohibits mandatory life sentences for juveniles. The court affirmed the denial of relief but certified the r
• Chandler v. Crosby
  916 So. 2d 728· Fla.· 2005-10-06 ·cited 55×
  Jim Eric Chandler, convicted of two counts of first-degree murder and sentenced to death, petitions for a writ of habeas corpus claiming that Crawford v. Washington, which established new confrontation clause protections for testimonial hearsay, requires reversal of his convictio
• Davis v. State
  875 So. 2d 359· Fla.· 2003-11-20 ·cited 55×·via Writ Of Habeas Corpus
  Eddie Wayne Davis was convicted of murdering an 11-year-old child and sentenced to death. On postconviction appeal, Davis challenged his conviction and sentence based on ineffective assistance of trial and appellate counsel and alleged constitutional violations under Ring and App
• Gomez v. Singletary
  733 So. 2d 499· Fla.· 1998-12-24 ·cited 55×
  Five inmates challenged the substitution of Florida's Control Release Program for earlier overcrowding gain-time statutes, arguing the change violated the Ex Post Facto Clause by curtailing their eligibility for sentence reductions. The Florida Supreme Court held that the substit
• United States v. Lane
  738 F.2d 863· 7th Cir.· 1984-07-05 ·cited 55×
  A sentence must be set aside if the defendant shows that false information was part of the basis for the sentence and the sentencing court relied on that misinformation.
• Smith v. Kemp
  715 F.2d 1459· 11th Cir.· 1983-09-09 ·cited 55×·via Habeas Corpus Petition
  The court held that the petitioner's claims regarding a Giglio violation, arbitrary application of the death penalty, and jury unconstitutionality were without merit or procedurally barred.
• Carter v. Estelle
  677 F.2d 427· 5th Cir.· 1982-06-01 ·cited 55×·via Writ Of Habeas Corpus
  The court held that the petitioner had met the requirements of the exhaustion doctrine and that his retrial and conviction for embezzlement violated the double jeopardy clause.
• Predrag Stevic v. Sava
  678 F.2d 401· 2d Cir.· 1982-05-05 ·cited 55×
  The court denied the INS's petition for rehearing, adhering to its prior decision.
• Ellis v. State OF Okla. & Warden Ray H. Page
  430 F.2d 1352· 10th Cir.· 1970-08-28 ·cited 55×·via Habeas Corpus Petition
  The court held that a defendant's absence from an in camera discussion concerning a juror's qualifications, where the defendant's attorney was present, does not automatically warrant a new trial if the presumption of prejudice can be rebutted by showing the communication was harm
• Linebarger v. State OF Okla. & Ray H. Page
  404 F.2d 1092· 10th Cir.· 1968-12-10 ·cited 55×
  The court held that the district court's factual finding that the prosecutor did not comment on the appellant's failure to testify was not clearly erroneous, and that the jury instruction, while erroneous, did not render the trial fundamentally unfair.
• Whitney v. State
  184 So. 2d 207· Fla. 3d DCA· 1966-03-08 ·cited 55×·via Habeas Corpus Proceedings
  Dennis Whitney, convicted of first-degree murder and sentenced to death, sought collateral relief arguing denial of due process on multiple grounds including pretrial publicity, prosecutorial misconduct, and ineffective assistance of counsel. The appellate court affirmed the tria
• Orme v. State
  896 So. 2d 725· Fla.· 2005-02-24 ·cited 54×
  Roderick Michael Orme, a death row inmate, appealed the denial of his post-conviction motion for relief and sought habeas corpus review. The Florida Supreme Court found that trial counsel provided ineffective assistance during the penalty phase by failing to investigate and prese
• Hall v. Moore
  792 So. 2d 447· Fla.· 2001-05-10 ·cited 54×·via Habeas Corpus Petition
  Habeas corpus relief is denied because the claims raised were previously adjudicated, are procedurally barred, or lack merit.
• Jackson v. State
  767 So. 2d 1156· Fla.· 2000-01-27 ·cited 54×·via Writ Of Habeas Corpus
  Andrea Jackson appeals her death sentence for the 1983 murder of a Jacksonville police officer. The Florida Supreme Court reverses and remands, holding that Jackson had a fundamental constitutional right to be present at her Campbell resentencing hearing, which the trial court vi
• Kokal v. Dugger
  718 So. 2d 138· Fla.· 1998-07-16 ·cited 54×
  Gregory Alan Kokal, sentenced to death for a 1983 murder committed during a robbery, appealed the denial of his Rule 3.850 ineffective assistance of counsel motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of both relief and the death sente
• Selvage v. Lynaugh
  842 F.2d 89· 5th Cir.· 1988-03-28 ·cited 54×·via Habeas Corpus Petition
  The court held that the district court's stay of execution must be vacated because Selvage's claims are procedurally barred by his failure to object at trial and he has not shown cause and prejudice for this failure.
• Reiger v. Christensen
  789 F.2d 1425· 9th Cir.· 1986-05-21 ·cited 54×·via Habeas Corpus Petition
  The court held that the district court must review the state trial record to determine if ineffective assistance of counsel claims and the admission of witness testimony regarding a "long police record" violated due process. Other claims were affirmed.
• Sullivan v. Cuyler
  723 F.2d 1077· 3d Cir.· 1983-12-08 ·cited 54×·via Habeas Corpus Petition
• Birl v. Estelle
  660 F.2d 592· 5th Cir.· 1981-11-05 ·cited 54×·via Habeas Corpus Petition
  A pro se litigant's failure to file an appeal within the prescribed time limit, without a showing of excusable neglect, deprives the court of jurisdiction.
• Holman Freeman v. State OF Ga.
  599 F.2d 65· 5th Cir.· 1979-07-18 ·cited 54×·via Habeas Corpus Petition
  The court held that a detective's concealment of a key eyewitness, even if personally motivated, is attributable to the state and constitutes a Brady violation if the suppressed testimony was favorable and material, potentially creating reasonable doubt. The court also held that
• Harrison Berrier v. Egeler
  583 F.2d 515· 6th Cir.· 1978-08-08 ·cited 54×·via Habeas Corpus Petition
  The dissenting judge argued that even if jury instructions were erroneous under state law, federal habeas review was precluded by the petitioner's failure to object at trial, as required by Wainwright v. Sykes, absent a showing of cause and prejudice.
• Gates v. Henderson
  568 F.2d 830· 2d Cir.· 1977-01-12 ·cited 54×·via Habeas Corpus Petition
• United States ex rel. George T. Williams v. Elza Brantley
  502 F.2d 1383· 7th Cir.· 1974-08-29 ·cited 54×
  The court held that the petitioner was not required to exhaust state remedies by appealing the dismissal of his post-conviction petition because the Illinois Post-Conviction Hearing Act is an ineffective remedy due to the state's strict res judicata and waiver doctrines.
• Brown v. United States
  483 F.2d 116· 4th Cir.· 1973-08-01 ·cited 54×·via Habeas Corpus Petition
  The court held that a habeas petitioner is entitled to resentencing if a prior conviction obtained in violation of Gideon was considered by the sentencing judge, even if the prior conviction has not been invalidated in other collateral proceedings.
• In re Korman v. United States
  486 F.2d 926· 7th Cir.· 1973-06-08 ·cited 54×
  The court held that an affidavit from a government official is required for an official denial of electronic surveillance, and that the discretionary extension of a Special Grand Jury's term is not reviewable on appeal.
• Craig v. Beto
  458 F.2d 1131· 5th Cir.· 1972-03-31 ·cited 54×
  The court held that a state court's finding of an intelligent waiver of counsel, based solely on a docket sheet reciting advice of counsel, is insufficient to overcome a petitioner's testimony of indigence and lack of awareness of the right to appointed counsel.
• United States ex rel. Michael O'Connor v. The State OF NEW Jersey & Howard Yeager
  405 F.2d 632· 3d Cir.· 1969-01-02 ·cited 54×·via Writ Of Habeas Corpus
  The court held that the introduction of post-indictment incriminating statements made without counsel violated the Sixth Amendment, and this error was not harmless beyond a reasonable doubt.
• Simpson v. State
  211 So. 2d 862· Fla. 3d DCA· 1968-06-11 ·cited 54×
  Simpson was convicted of first-degree murder and sentenced to life imprisonment. After failing to timely appeal his conviction, he filed collateral attacks in state court and then a federal habeas corpus petition. The Florida appellate court affirmed his conviction, finding he fa
• Smith v. Olin G. Blackwell
  367 F.2d 539· 5th Cir.· 1966-10-12 ·cited 54×
  Delay in serving a parole violator warrant, issued within the original sentence term, until after a second federal sentence is served does not violate statutory or constitutional law.
• Sires v. Cole
  320 F.2d 877· 9th Cir.· 1963-07-17 ·cited 54×·via Writ Of Habeas Corpus
  The court held that the district court properly dismissed the action because the defendants, including a county, a judge, and prosecuting attorneys, are immune from suit under the Civil Rights Act.
• Taylor v. United States
  179 F.2d 640· 9th Cir.· 1950-01-19 ·cited 54×
  The court held that the trial court correctly denied the motion to vacate sentence, dismissed the habeas corpus petitions, and that the indictment sufficiently charged a violation of the relevant statute.
• United States ex rel. Potash v. Dist. Dir. of Immigr. & Naturalization at Port of N.Y.
  169 F.2d 747· 2d Cir.· 1948-08-03 ·cited 54×
  The court held that the issue of granting bail is a legal one, reviewable by courts, not merely a matter of official discretion or belief.
• Stamphill v. Johnston
  136 F.2d 291· 9th Cir.· 1943-05-24 ·cited 54×
  A federal court has jurisdiction to try and sentence a prisoner surrendered by state authorities, even if the prisoner is serving a state sentence, and the prisoner cannot raise issues of comity via habeas corpus.