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
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527 F.2d 579·
8th Cir.·
1975-12-11
·cited 7×
The court held that a writ of mandamus is not appropriate to compel the district court to render a final determination on a habeas corpus petition when the district court has remanded the case to state court as an exercise of its discretion.
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Florida's parole authority revoked Helton's parole based on his arrest for receiving stolen property, but he was later acquitted by jury trial. The court held that a subsequent criminal acquittal does not bar parole revocation, as revocation proceedings are civil in nature and re
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The court affirmed the trial court's denial of a writ, but required a Morrissey-type hearing for parole revocation.
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The court held that a serviceman must exhaust available military remedies, including fact-finding mechanisms and appeals, before seeking habeas corpus relief in federal civilian courts, even when challenging the service-connection of an offense.
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290 So. 2d 129·
Fla. 1st DCA·
1974-02-14
·cited 7×
Arnold Flicker petitioned for a writ of habeas corpus seeking bail pending trial for first-degree murder. The Florida District Court of Appeal denied the petition because Flicker failed to provide a record or affidavits supporting his allegations, and instead relied on bare asser
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The court held that the state court's evidentiary hearing was not full and fair, requiring a remand for further proceedings.
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447 F.2d 1343·
2d Cir.·
1971-09-03
·cited 7×
The court held that an alien denied entry into the United States is not entitled to constitutional protections regarding bail or parole, and judicial review of the Attorney General's discretionary denial is barred.
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444 F.2d 75·
2d Cir.·
1971-06-14
·cited 7×
A petitioner is not 'in custody' for a fully served sentence for purposes of federal habeas corpus when the petition is filed after release and while incarcerated for an unrelated conviction.
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430 F.2d 1294·
5th Cir.·
1970-07-28
·cited 7×
The court held that a knowingly and understandingly made guilty plea waives all non-jurisdictional defenses, and affirmed the denial of the habeas corpus petition.
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428 F.2d 477·
8th Cir.·
1970-06-30
·cited 7×
The court held that the district court properly dismissed the petition for writ of habeas corpus because the petitioner failed to seek relief in the sentencing court as required by 28 U.S.C.A. § 2255.
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233 So. 2d 163·
Fla. 4th DCA·
1970-03-13
·cited 7×
Daniel Berriel challenged his robbery conviction and life sentence through a habeas corpus petition after his court-appointed counsel failed to prosecute his direct appeal. The Fourth District Court of Appeal reviewed his claims and rejected both his argument that denying a conti
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The court held that the plaintiff's conclusory allegations failed to state a claim for relief under the civil rights or habeas corpus statutes.
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The court held that a defendant's knowing and deliberate bypass of state procedural rules, as a matter of trial strategy, can preclude federal habeas corpus review of constitutional claims.
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The court held that the prisoner's claims were properly denied because he failed to exhaust state remedies for new claims, the Escobedo rule did not apply retroactively, and he waived constitutional objections through counsel's actions and subsequent choices.
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192 So. 2d 307·
Fla. 4th DCA·
1966-12-01
·cited 7×
Robert Blasi challenges his extradition from Florida to Massachusetts on the grounds that the extradition demand failed to comply with Florida's Uniform Interstate Extradition statute. The court held that extradition demands must use the statutory alternative that accurately refl
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341 F.2d 585·
9th Cir.·
1965-02-12
·cited 7×
The court held that a petition for a writ of habeas corpus cannot be treated as an ordinary civil action for judicial review of agency action.
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336 F.2d 272·
2d Cir.·
1964-08-31
·cited 7×
The court held that the district court did not err in denying a habeas corpus hearing because the appellant failed to allege sufficient facts to put the voluntariness of his guilty plea at issue.
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152 So. 2d 161·
Fla.·
1963-01-30
·cited 7×
The trial court erred in requiring the petitioner to prove his ability to make bail as a prerequisite to determining his right to bail in a capital case.
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311 F.2d 311·
3d Cir.·
1962-11-30
·cited 7×
The introduction of the defendant's prior criminal record substantially prejudiced the jury's determination of the penalty, warranting reversal of the death sentence.
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143 So. 2d 901·
Fla. 2d DCA·
1962-08-17
·cited 7×
The court held that the trial judge erred in quashing the writ of habeas corpus and remanding custody to the father, as the stated reason was insufficient to disturb the mother's agreed-upon custody.
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This case involves a dispute over a minor child's custody between the father and the paternal grandfather. The appellate court affirmed the father's custody but remanded the case to allow the trial court to consider visitation rights for the grandfather.
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In this habeas corpus appeal, the Florida Supreme Court held that appeals from habeas corpus orders seeking release from criminal custody must follow the criminal appeal timeline rules rather than civil procedure rules. The court denied the appellee's motion to dismiss based on a
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204 F.2d 359·
1st Cir.·
1953-05-04
·cited 7×
The court held that the petitioner had not exhausted his state remedies, and therefore the federal court should retain the appeal without disposition, allowing him to pursue relief in the state courts.
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The court held that the father's argument regarding the invalidity of the statutes under the Christoffel doctrine was without merit.
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144 F.2d 638·
9th Cir.·
1944-06-30
·cited 7×
The court held that a registrant cannot challenge his Selective Service classification via habeas corpus before reporting for induction, as established in Falbo v. United States.
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Buchanan challenged the validity of Florida's electrocution statute and his death sentence in a habeas corpus proceeding. The Florida Supreme Court upheld the statute and affirmed the judgment remanding him for execution, holding that the duty to execute death sentences devolves
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Kim Jackson, convicted and sentenced to death for the murder of Debra Pearce based on DNA and fingerprint evidence, appealed and petitioned for habeas corpus challenging multiple ineffective assistance of trial and appellate counsel claims. The Florida Supreme Court affirmed the
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46 Fla. L. Weekly D2572·
Fla. 3d DCA·
2022-03-16
·cited 6×
A trial court does not abuse its discretion in denying pretrial bond when the state establishes proof of guilt is evident or presumption of guilt is great, and the defendant fails to present evidence of conditions that would assure his presence at trial and protect the community.
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20 F.4th 1374·
11th Cir.·
2021-12-20
·cited 6×
The court held that an alien's departure from the U.S. before a deportation order is issued does not constitute 'self-execution' of that order under 8 U.S.C. § 1101(g). Therefore, the prior order remains effective for subsequent removal proceedings.
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260 So. 3d 365·
Fla. 3d DCA·
2018-11-14
·cited 6×
A circuit court lacks jurisdiction to deny a habeas corpus petition attacking the validity of a conviction imposed by another circuit court and must dismiss without prejudice or transfer the petition to the court having jurisdiction.
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The court held that a prior denial of a habeas corpus petition serves as a procedural bar to the current claims.
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244 So. 3d 352·
Fla. 1st DCA·
2018-04-18
·cited 6×
A trial court properly dismisses a habeas corpus petition when the petitioner seeks collateral postconviction relief that is untimely, successive, or raises claims that could have been raised at trial or on direct appeal.
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241 So. 3d 219·
Fla. 2d DCA·
2018-02-14
·cited 6×
Marcos Casiano challenges his pretrial detention pending a hearing to inquire into the source of funds used to post bail, known as a 'Nebbia hold.' The court grants his habeas corpus petition, holding that Florida law does not authorize courts to detain accused persons pending a
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The Florida Supreme Court affirmed the denial of postconviction relief regarding the guilt phase of Gregory's capital murder conviction but reversed his death sentences due to the jury's nonunanimous 7-5 recommendation of death violating the Sixth Amendment requirements establish
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The Florida Supreme Court granted James Card's habeas corpus petition under Hurst v. Florida, which requires jury unanimity on factual findings necessary for capital punishment. Because Card's penalty phase jury voted 11-1 for death rather than unanimously, the court vacated his
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216 So. 3d 765·
Fla. 1st DCA·
2017-05-02
·cited 6×
Preston Pamphile sought postconviction relief arguing his appellate counsel provided ineffective assistance on multiple grounds. The court found merit in only one argument—that the trial court failed to expressly adjudicate his competency to stand trial despite appointing a compe
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204 So. 3d 544·
Fla. 5th DCA·
2016-10-28
·cited 6×
The court held that the use of a flawed jury instruction did not constitute fundamental error where the defendant argued self-defense, as this argument conceded the intentional nature of the act.
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204 So. 3d 459·
Fla. 4th DCA·
2016-06-01
·cited 6×
Marvin Gill appealed a trial court's order transferring his habeas corpus petition from Okeechobee County to Pasco County. The Fourth District Court of Appeal reversed, holding that habeas corpus cannot be used for collateral attacks on convictions and the petition should have be
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197 So. 3d 69·
Fla. 2d DCA·
2016-03-30
·cited 6×
Deneal Brown petitioned for ineffective assistance of appellate counsel, alleging his counsel failed to raise a defective jury instruction on manslaughter by act. On remand from the Florida Supreme Court following Griffin v. State, the appellate court affirmed its conclusion that
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Pablo Ibar challenges his death sentence conviction for three first-degree murders, arguing his trial counsel provided ineffective assistance by failing to present a facial identification expert to challenge the prosecution's video evidence despite knowing such testimony was crit
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157 So. 3d 360·
Fla. 4th DCA·
2015-01-21
·cited 6×
Dennis Rondon sought habeas corpus relief alleging ineffective assistance of appellate counsel based on a sentencing error and a principal instruction error in his conspiracy conviction. The Fourth District denied the petition, finding no merit in any arguments raised.
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The Bloomgardens appealed a trial court order denying their motion to cancel a charging lien asserted by their former attorney Lanza on a settlement in their underlying malpractice action. The appellate court dismissed the appeal for lack of jurisdiction because the order was nei
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Gary Richard Whitton appeals the denial of his Rule 3.851 motion to vacate his conviction for first-degree murder and death sentence in connection with the 1990 murder of James Mauldin. The Florida Supreme Court affirms the postconviction court's denial of relief on all Brady/Gig
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145 So. 3d 196·
Fla. 2d DCA·
2014-08-15
·cited 6×
The court held that section 985.26(3) allows fifteen days of secure detention after adjudication, and section 985.26(5) is a narrow exception for evaluations, not a general limit based on pre-adjudication detention status.
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140 So. 3d 680·
Fla. 5th DCA·
2014-06-06
·cited 6×
Jeremy Strong petitioned for post-conviction relief alleging ineffective assistance of appellate counsel for failing to file a motion challenging sentencing fees. The court granted the petition in part, finding that the trial court imposed fees under repealed statutes without pro
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137 So. 3d 969·
Fla.·
2014-01-16
·cited 6×
Quawn Franklin appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas petition challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the trial court's denial of all relief, finding no competency is
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124 So. 3d 422·
Fla. 1st DCA·
2013-10-25
·cited 6×
Warren Lee Edwards sought a writ of habeas corpus claiming entitlement to immediate release based on deficient pre-arrest probable cause and improper acceptance into custody. The Florida appellate court affirmed the dismissal of his petition, holding that probable cause challenge
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The Florida Supreme Court adopted comprehensive amendments to Florida's criminal procedure rules governing postconviction relief, including modifications to rules on pleas, sentence correction, and collateral relief motions, and creation of a new rule addressing jail credit corre
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Bobby Magwood, a prison inmate, appealed a circuit court order that transferred his habeas corpus petition challenging his close management placement from Santa Rosa County to Leon County. The First District Court of Appeal reversed, holding that a habeas corpus petition challeng
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95 So. 3d 437·
Fla. 5th DCA·
2012-08-16
·cited 6×
Robinson petitioned for a writ of habeas corpus challenging his $500,000 bail as excessive. The Florida Fifth District Court of Appeal agreed, finding the bail amount was so excessive as to be the functional equivalent of no bail, and remanded for a new bond hearing where the tri