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

• Tefel v. Reno
  972 F. Supp. 623· S.D. Fla.· 1997-06-24 ·cited 7×·via Writ Of Habeas Corpus
  The court held that it had jurisdiction to consider the class action complaint and granted a temporary restraining order, finding that the plaintiffs had established a substantial likelihood of success on the merits, irreparable harm, and that the injunction would serve the publi
• Tausha L. Wilson v. State
  669 So. 2d 312· Fla. 5th DCA· 1996-03-08 ·cited 7×
  Petitioner sought habeas corpus relief challenging her custody commitment after bail revocation for failure to appear at trial. The court granted relief, finding the trial judge abused discretion by committing petitioner to custody without determining whether her failure to appea
• Archer v. Adm'r, Fla. State Hosp.
  622 So. 2d 107· Fla. 1st DCA· 1993-07-28 ·cited 7×
  Sharon Archer challenged her involuntary commitment to Florida State Hospital but filed her notice of appeal untimely. The First District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that while habeas corpus may be available in limited civil contexts lik
• Swanson v. Allison
  617 So. 2d 1100· Fla. 5th DCA· 1993-04-26 ·cited 7×·via Writ Of Habeas Corpus
  Dave Swanson was arrested for domestic violence battery and detained at first appearance pending a domestic violence investigation. The court granted his habeas corpus petition, holding that absent statutory authority, judges cannot deny pre-trial release to those charged with si
• Harvey v. State
  616 So. 2d 521· Fla. 2d DCA· 1993-03-19 ·cited 7×
  Walter Harvey, a juvenile prosecuted as an adult under the Youthful Offender Act, appeals summary denial of post-conviction relief and a motion regarding his release date. The court affirmed the denials but addressed Harvey's concern that he was housed in a regular correctional f
• Hunter v. Bernie Aispuro
  982 F.2d 344· 9th Cir.· 1992-12-31 ·cited 7×
  The court held that the California Supreme Court's unexplained denial of the habeas petition did not procedurally bar federal review, but the due process error claimed by the petitioner was harmless beyond a reasonable doubt.
• Adams v. R.S. Peterson
  968 F.2d 835· 9th Cir.· 1992-06-24 ·cited 7×
  The court held that the majority's distinction between de jure and de facto guilty pleas, focusing on labels rather than substance, is flawed and undermines constitutional protections.
• United States v. Cleto
  956 F.2d 83· 5th Cir.· 1992-03-05 ·cited 7×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  The court held that time spent on release on bond pending trial and appeal does not constitute "official detention" for which sentence credit can be granted under 18 U.S.C. § 3585(b).
• Barksdale v. Lane
  957 F.2d 379· 7th Cir.· 1992-02-27 ·cited 7×·via Habeas Corpus Petition
  The court held that a petitioner's failure to file a state post-conviction petition within the statutory time limit, without demonstrating cause for the delay, constitutes a procedural default barring federal habeas review.
• Smith v. A.L. Lockhart
  923 F.2d 1314· 8th Cir.· 1991-01-15 ·cited 7×
  The court held that the defendant was denied his Sixth Amendment right to counsel at a critical stage of the proceedings, requiring vacation of the magistrate's denial of his habeas corpus petition.
• Dodson v. Colonel Gordon N. Zelez
  917 F.2d 1250· 10th Cir.· 1990-10-23 ·cited 7×
  The court held that while a two-thirds vote is sufficient for conviction, a three-fourths vote is required for a life sentence, even if mandatory, based on the Manual for Courts-Martial.
• In the Interest of M.C.
  567 So. 2d 1038· Fla. 4th DCA· 1990-10-10 ·cited 7×
  A juvenile petitioner sought habeas corpus relief after being held in secure detention at a regional juvenile detention center for more than the statutory five-day maximum period before placement into a commitment program. The court granted the petition, finding a violation of se
• Dotson v. J.J. Clark
  900 F.2d 77· 6th Cir.· 1990-04-04 ·cited 7×·via Habeas Corpus Petition
  District court orders granting or denying bail to a prisoner petitioning for habeas corpus relief pending review are appealable interlocutory orders under the collateral order doctrine.
• Kuldip Singh Mundi v. State
  556 So. 2d 480· Fla. 3d DCA· 1990-02-01 ·cited 7×·via Writ Of Habeas Corpus
  The court granted the petition for a writ of habeas corpus, directing the State to release the petitioner from state custody.
• Humphrey v. United States
  888 F.2d 1546· 11th Cir.· 1989-11-27 ·cited 7×·via Habeas Corpus Petition
  The court affirmed the denial of relief on double jeopardy and prosecutorial vindictiveness claims but vacated the denial of the falsified evidence claim, remanding for an evidentiary hearing.
• Leighnor v. C.A. Turner
  884 F.2d 385· 8th Cir.· 1989-09-05 ·cited 7×
  The Parole Commission's consideration of the defendant's pre-extradition escape and use of a false passport to enhance his parole guideline range did not violate the rule of specialty.
• Dunne v. Henman
  875 F.2d 244· 9th Cir.· 1989-05-18 ·cited 7×
  The court held that the district court lacked personal jurisdiction over the respondent warden because the petitioner challenged the execution of his federal sentence and was confined outside the territorial jurisdiction of the court.
• Fuller v. Diesslin
  868 F.2d 604· 3d Cir.· 1989-02-24 ·cited 7×·via Habeas Corpus Petition
  The Third Circuit held that an arbitrary denial of a defendant's Sixth Amendment right to counsel of choice, including the right to pro hac vice counsel, requires per se reversal.
• Solles v. Israel
  868 F.2d 242· 7th Cir.· 1989-02-08 ·cited 7×·via Habeas Corpus Petition
  The court held that prosecutorial misconduct, while egregious, did not rise to the level of constitutional error requiring habeas relief, and that defense counsel's performance was effective.
• McDOWELL v. Dixon
  858 F.2d 945· 4th Cir.· 1988-10-03 ·cited 7×·via Writ Of Habeas Corpus
  The court held that the nondisclosure of exculpatory evidence by the prosecutor denied the defendant due process of law, requiring reversal of his conviction.
• Gore v. Dugger
  532 So. 2d 1048· Fla.· 1988-08-18 ·cited 7×
  The Court should not have intervened in Florida's election process, and the majority's decision is erroneous.
• Blanco v. Dugger
  691 F. Supp. 308· S.D. Fla.· 1988-07-11 ·cited 7×
  The court held that the identification procedures used were not unduly suggestive and did not violate due process, and that the aggravating circumstances used to support the death sentence were properly applied under Florida law.
• Watson v. State OF Ala.
  841 F.2d 1074· 11th Cir.· 1988-04-05 ·cited 7×·via Habeas Corpus Petition
  The court held that the trial judge's supplemental instruction to the jury to reach a unanimous verdict was not coercive under the totality of the circumstances, and thus did not violate the petitioner's constitutional rights.
• Nollie Lee Martin v. Dugger
  515 So. 2d 185· Fla.· 1987-10-28 ·cited 7×
  Nollie Martin, under a death warrant, petitioned for habeas corpus relief and challenged the trial court's dismissal of his motion for a competency-to-be-executed determination. The Florida Supreme Court held that Martin had not waived his competency claim, that the procedures un
• William "Billy" Mitchell v. Kemp
  827 F.2d 1433· 11th Cir.· 1987-08-31 ·cited 7×·via Habeas Corpus Petition
  The court denied the application for a Certificate of Probable Cause and the stay of execution, finding the petitioner's claims to be successive and an abuse of the writ.
• Mills v. Scully
  826 F.2d 1192· 2d Cir.· 1987-08-26 ·cited 7×
  The court held that the district court erred in granting the writ of habeas corpus, finding neither prosecutorial misconduct nor ineffective assistance of counsel.
• Tucker v. Kemp
  819 F.2d 978· 11th Cir.· 1987-05-27 ·cited 7×·via Habeas Corpus Petition
  The court held that the petitioner abused the writ by raising new claims in a successive habeas petition without adequate excuse, and denied his application for a certificate of probable cause and stay of execution.
• Michael Hardy Bros. v. Dowdle
  817 F.2d 1388· 9th Cir.· 1987-05-21 ·cited 7×
  The court held that the state court's identification procedure was not so suggestive as to violate due process and affirmed the denial of ineffective assistance of counsel claims, but remanded for further examination of sentencing issues.
• Straub v. Monge
  815 F.2d 1467· 11th Cir.· 1987-05-05 ·cited 7×·via Habeas Corpus Petition
  The court held that the county's policy requiring inmates to obtain a court order to access legal materials was unconstitutional, violating the right to meaningful access to the courts, and that this right applies to all inmates, not just indigents.
• Diggs v. Dep't OF Corr.
  503 So. 2d 412· Fla. 1st DCA· 1987-02-27 ·cited 7×·via Writ Of Habeas Corpus
  The court held that the Department of Corrections failed to properly apply jail time credit to the petitioner's concurrent sentences, resulting in his continued illegal incarceration.
• Morris v. Kemp
  809 F.2d 1499· 11th Cir.· 1987-02-13 ·cited 7×
  The court held that the petitioner procedurally defaulted his ineffective assistance of counsel claim by failing to raise it in his first state habeas proceeding and affirmed the denial of federal habeas relief.
• Siers v. Ryan
  773 F.2d 37· 3d Cir.· 1985-09-20 ·cited 7×·via Habeas Corpus Petition
  A guilty plea induced by the fear of a heavier sentence if a jury trial is chosen, or by the perceived leniency of a judge in a non-jury trial, does not render the plea involuntary or unconstitutional, provided it is made intelligently and with competent legal advice.
• Campbell v. R.C. Marshall
  769 F.2d 314· 6th Cir.· 1985-07-23 ·cited 7×·via Habeas Corpus Petition
  A guilty plea, voluntarily and intelligently made with competent counsel, is not rendered involuntary by the prosecution's prior failure to disclose potentially exculpatory evidence, even if that failure would have violated Brady v. Maryland at trial.
• Dirk Webster v. Duckworth
  767 F.2d 1206· 7th Cir.· 1985-07-11 ·cited 7×·via Habeas Corpus Petition
  The Double Jeopardy Clause of the Fifth Amendment bars retrial when a conviction is reversed for insufficient evidence, even if the insufficiency was caused by trial error that prejudiced the prosecution.
• Knuck v. Louie L. Wainwright
  759 F.2d 856· 11th Cir.· 1985-05-06 ·cited 7×·via Habeas Corpus Petition
  The court held that the recalculation of an inmate's gain time, based on a change in administrative interpretation of the statute from a lump sum to a monthly earned basis, violated the ex post facto clause of the United States Constitution.
• Griffin v. State
  447 So. 2d 875· Fla.· 1984-03-16 ·cited 7×·via Writ Of Habeas Corpus
  Kenneth Griffin, sentenced to death on two counts of first-degree murder, appealed a circuit court's denial of his post-conviction relief motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial, finding that Griffin failed to demonstrate constitut
• Thompson v. Louie L. Wainwright
  447 So. 2d 383· Fla. 4th DCA· 1984-03-14 ·cited 7×·via Writ Of Habeas Corpus
  Thompson was convicted of violating his probation and sought belated appellate review through habeas corpus. The court affirmed the denial of his ineffective assistance of counsel claim but reversed on the issue of jail-time credit, finding he was entitled to credit for time serv
• Young v. Zant
  727 F.2d 1489· 11th Cir.· 1984-03-08 ·cited 7×·via Habeas Corpus Petition
  The court held that the petitioner's claims regarding an unconstitutionally composed grand jury, ineffective assistance of counsel, and exclusion of mitigating evidence were without merit.
• Lucey v. Kavanaugh
  724 F.2d 560· 6th Cir.· 1984-01-12 ·cited 7×
  The court held that the failure of a retained attorney to file a statement of appeal, resulting in the dismissal of the state appeal, constituted a denial of the petitioner's due process right to effective assistance of counsel on appeal.
• Lobo v. Fla. Parole & Prob. Comm'n
  433 So. 2d 622· Fla. 4th DCA· 1983-06-22 ·cited 7×
  The application of more stringent parole guidelines adopted after the commission of the crime violates the ex post facto clause of the Florida and U.S. Constitutions.
• Sawyer v. Louie L. Wainwright and G. Strickland
  422 So. 2d 1027· Fla. 1st DCA· 1982-11-30 ·cited 7×
  The court held that it cannot rule on motions seeking relief unrelated to the original petition and that the petitioner failed to exhaust administrative remedies.
• Garcia v. Smith
  674 F.2d 838· 11th Cir.· 1982-04-13 ·cited 7×
  The court held that the district court had subject matter jurisdiction to hear the alien's claims regarding asylum denial and unlawful exclusion, even as a stowaway.
• In re Assarsson
  670 F.2d 722· 7th Cir.· 1982-02-10 ·cited 7×
  The court held that a stay of commitment obtained by the fugitive tolled the statute of limitations, and the fugitive could not use the delay caused by his own actions to defeat extradition.
• Scurr v. Moore
  647 F.2d 854· 8th Cir.· 1981-05-08 ·cited 7×·via Habeas Corpus Petition
  A defendant can forfeit their Sixth Amendment right to be present at trial through contumacious conduct, and the trial court has discretion to remove a disruptive defendant.
• Sistrunk v. Edmund Lyons & the Attorney Gen. of the State of Pa. & Dist. Attorney of Phila. Cnty.
  646 F.2d 64· 3d Cir.· 1981-03-31 ·cited 7×·via Habeas Corpus Petition
• Graham v. Vann
  394 So. 2d 176· Fla. 1st DCA· 1981-02-13 ·cited 7×
  The state court correctly exercised jurisdiction over the habeas corpus petition, and the Public Defender's office can represent indigent inmates in such civil proceedings.
• Guice v. Fortenberry
  633 F.2d 699· 5th Cir.· 1980-12-29 ·cited 7×
  This case involves a dissenting opinion arguing that the majority rewrites a statute to avoid a constitutional issue concerning the reclassification of agricultural land for tax purposes.
• Evans v. Britton
  628 F.2d 400· 5th Cir.· 1980-10-15 ·cited 7×·via Habeas Corpus Petition
• Bagley v. Brierton
  362 So. 2d 1048· Fla. 1st DCA· 1978-10-05 ·cited 7×·via Writ Of Habeas Corpus
  The court held that allegations regarding disciplinary proceedings, if true, warrant a hearing, while allegations regarding medical care were insufficient to establish entitlement to relief.
• Brown v. Louie L. Wainwright
  576 F.2d 1148· 5th Cir.· 1978-07-21 ·cited 7×·via Habeas Corpus Petition
  The court held that the district court correctly denied the petition for habeas corpus, as the claims regarding search and seizure, indictment by information, and excessive sentence lacked merit.