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

• Nixon v. State
  2 So. 3d 137· Fla.· 2009-01-22 ·cited 53×
  Joe Elton Nixon, convicted and sentenced to death for a 1984 murder, appealed the trial court's denial of his motion for postconviction relief claiming mental retardation bars his execution under Atkins v. Virginia. The Florida Supreme Court affirmed the trial court's finding tha
• Chadwick Willacy v. State
  967 So. 2d 131· Fla.· 2007-06-28 ·cited 53×
  Chadwick Willacy, convicted and sentenced to death for the brutal murder of his neighbor Marlys Sather in 1990, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supre
• Power v. State
  886 So. 2d 952· Fla.· 2004-05-06 ·cited 53×·via Writ Of Habeas Corpus
  Robert Beeler Power, a death row inmate convicted of murdering a twelve-year-old girl, sought post-conviction relief and a writ of habeas corpus, claiming ineffective assistance of counsel and constitutional defects in Florida's capital sentencing scheme. The Florida Supreme Cour
• McCALL-BEY v. Franzen
  777 F.2d 1178· 7th Cir.· 1985-09-20 ·cited 53×
  Federal courts do not have inherent jurisdiction to enforce settlement agreements of dismissed cases; an independent basis for federal jurisdiction is required.
• Dori Zardui-Quintana v. Richard
  768 F.2d 1213· 11th Cir.· 1985-08-02 ·cited 53×
  The court held that the district director's denial of stays of deportation was not arbitrary or capricious, as the statute does not require separate findings of a "particularly serious crime" and "danger to the community" when a conviction for a particularly serious crime is esta
• Hudson v. Rushen
  686 F.2d 826· 9th Cir.· 1982-09-09 ·cited 53×
  The state trial court's inquiry into the defendant's motion to substitute counsel, though brief, was sufficient under the circumstances, and thus the defendant received effective assistance of counsel.
• McDONNELL v. Estelle
  666 F.2d 246· 5th Cir.· 1982-01-25 ·cited 53×·via Habeas Corpus Petition
  A district court's dismissal of a habeas corpus petition under Rule 9(a) based on laches requires the state to prove prejudice caused by the petitioner's delay, and the petitioner must be given proper notice that the court is considering summary judgment.
• Washington v. Harris
  650 F.2d 447· 2d Cir.· 1981-06-08 ·cited 53×·via Habeas Corpus Petition
  The court held that the jury instructions regarding intent for the murder charge were not constitutionally erroneous, but remanded the issue of whether flawed instructions on other charges infected the murder conviction to state courts.
• Mrs W. M. Hancock v. Dupree
  100 Fla. 617· Fla.· 1930-08-05 ·cited 53×·via Writ Of Habeas Corpus
  A Florida mother challenged a county court judgment committing her children to state custody as dependent children, seeking their return via habeas corpus. The Supreme Court held that circuit courts have jurisdiction to issue writs of habeas corpus in child custody disputes and m
• Davis v. State of Fla. & Leon Davis
  Fla.· 2024-02-01 ·cited 52×·via Writ Of Habeas Corpus
  Leon Davis Jr. was convicted of three counts of first-degree murder, attempted murder, armed robbery, and arson for brutally robbing an insurance agency on December 13, 2007, robbing approximately $900, setting employees Yvonne Bustamante and Juanita Luciano on fire after dousing
• Rutherford v. State
  926 So. 2d 1100· Fla.· 2006-01-27 ·cited 52×·via Writ Of Habeas Corpus
  Arthur Dennis Rutherford, a death row inmate with an active death warrant, appealed the circuit court's denial of his successive postconviction motion for relief, raising five claims including newly discovered evidence about witness Mary Heaton's potential involvement in the murd
• Norberto Pietri v. State
  885 So. 2d 245· Fla.· 2004-08-26 ·cited 52×
  Norberto Pietri was convicted of the 1988 murder of West Palm Beach police officer Brian Chappell and sentenced to death. On postconviction relief under Florida Rule 3.850, Pietri alleged multiple instances of ineffective assistance of counsel. The Florida Supreme Court affirmed
• Jones v. State
  740 So. 2d 520· Fla.· 1999-06-17 ·cited 52×
  Ronnie Lee Jones, sentenced to death in 1981 for three counts of first-degree murder, challenged his conviction on grounds of incompetency to stand trial in postconviction proceedings. The Florida Supreme Court reversed and vacated his judgment and sentence because a twelve-year
• Forbes v. Singletary
  684 So. 2d 173· Fla.· 1996-10-31 ·cited 52×·via Writ Of Habeas Corpus
  The Florida Supreme Court granted habeas corpus relief to Michael Forbes, holding that he was entitled to credit for unforfeited gain time accumulated during his original incarceration when resentenced after probation violation. The Court also addressed the systemic problem of in
• Bundy v. State
  538 So. 2d 445· Fla.· 1989-01-20 ·cited 52×
  Theodore Bundy, under sentence of death for the murder of Kimberly Leach, appealed the trial court's denial of his postconviction relief motion under Florida Rule 3.850 and his application for stay of execution. The Florida Supreme Court affirmed the trial court's dismissal of al
• Penry v. Lynaugh
  832 F.2d 915· 5th Cir.· 1987-11-25 ·cited 52×·via Habeas Corpus Petition
  The court held that Texas law did not permit the jury to consider all of Penry's personal mitigating circumstances prior to sentencing, but was bound by superior authority to reject this contention.
• The Tribune Co. v. In re Public Records
  493 So. 2d 480· Fla. 2d DCA· 1986-07-09 ·cited 52×·via Writ Of Habeas Corpus
  The Tribune Company and others sought access to criminal investigative files held by the Pasco County Sheriff regarding murder convictions of Ernest Lee Miller and William Riley Jent. The circuit court denied access, treating post-conviction relief proceedings as "appeals" that k
• Mendoza v. Miller
  779 F.2d 1287· 7th Cir.· 1985-12-19 ·cited 52×·via Habeas Corpus Proceedings
  The majority holds that the petitioner was not denied due process because the record contained sufficient indicia of informant reliability, the petitioner waived his right to exculpatory material, and the magistrate properly handled in camera review.
• Franklin v. State OF Or.
  662 F.2d 1337· 9th Cir.· 1981-12-07 ·cited 52×·via Habeas Corpus Petition
  A district court may dismiss an action sua sponte before issuing summonses only if it clearly lacks subject matter jurisdiction. Otherwise, proper procedural steps, including summons issuance, must be followed.
• McKEE v. Harris
  649 F.2d 927· 2d Cir.· 1981-05-28 ·cited 52×
  The dissenting judge holds that the trial court erred by failing to inquire into the defendant's asserted good cause for substitution of counsel, thereby violating the defendant's Sixth Amendment right to effective assistance of counsel.
• Bisaccia v. The Attorney Gen. of the State of N.J.
  623 F.2d 307· 3d Cir.· 1980-06-12 ·cited 52×·via Habeas Corpus Petition
  The court held that using a co-conspirator's guilty plea as evidence of a defendant's guilt violates the Sixth Amendment right to confrontation.
• Arnold v. McCARTHY
  566 F.2d 1377· 9th Cir.· 1978-01-13 ·cited 52×·via Writ Of Habeas Corpus
  The dissenting judge argues that the majority erred in finding no actual prejudice from the delay, asserting that the district court's finding of substantial prejudice should be affirmed.
• Zannino v. Arnold
  531 F.2d 687· 3d Cir.· 1976-02-19 ·cited 52×
  The court held that while the Parole Board's discretion is broad, judicial review via habeas corpus can examine whether the Board's stated reasons for denying parole have a rational factual basis in the record.
• Pierre v. United States
  525 F.2d 933· 5th Cir.· 1976-01-08 ·cited 52×
  Habeas corpus is not the appropriate vehicle for declaratory or injunctive relief unrelated to custody. However, an independent action for such relief may be possible.
• United States ex rel. Roosevelt H. Green H-5734 v. Rundle
  434 F.2d 1112· 3d Cir.· 1970-11-20 ·cited 52×
  The court held that the case must be remanded for a determination of whether the attorney's failure to secure payroll records fell below the standard of normal competence and whether such failure prejudiced the defendant's alibi defense.
• Ponce v. Craven
  409 F.2d 621· 9th Cir.· 1969-03-11 ·cited 52×
  The court held that the prisoner's constitutional rights were not violated by the police observations, entry, arrest, admissions, or search, and thus affirmed the dismissal of his habeas corpus petition.
• Meyers v. Welch
  179 F.2d 707· 4th Cir.· 1950-01-13 ·cited 52×
  A petition for a writ of habeas corpus was properly denied because it cannot be used to correct mere errors of law or to retry issues already decided on appeal, especially when a statutory remedy like 28 U.S.C.A. § 2255 is available.
• Johnson v. Rundle
  59 So. 3d 1080· Fla.· 2011-01-06 ·cited 51×·via Writ Of Habeas Corpus
  The court sanctioned an inmate by barring him from filing further pleadings related to his conviction unless signed by a Florida Bar member.
• Marquard v. State
  850 So. 2d 417· Fla.· 2002-11-21 ·cited 51×·via Writ Of Habeas Corpus
  John Marquard, sentenced to death for the premeditated murder of Stacey Willets, challenges his conviction and sentence through a Rule 3.850 postconviction motion and habeas corpus petition. The Florida Supreme Court affirms the trial court's denial of postconviction relief and r
• Jones v. Moore
  794 So. 2d 579· Fla.· 2001-07-05 ·cited 51×·via Writ Of Habeas Corpus
  Clarence Jones, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus challenging his conviction and death sentence for the 1988 murder of Tallahassee police officer Ernest Ponce de Leon. The Court denied the petition, finding the claims either proc
• Coleman v. Singletary
  30 F.3d 1420· 11th Cir.· 1994-09-08 ·cited 51×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Gerald Anthony Coleman, convicted of murdering his ten-year-old sister when he was fifteen years old, appealed his federal habeas corpus denial, challenging the admissibility of his confession on two grounds: that police violated his Fifth Amendment right to remain silent by cont
• Alphonso Cave v. Singletary
  971 F.2d 1513· 11th Cir.· 1992-08-26 ·cited 51×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Alphonso Cave, convicted of murder and sentenced to death, challenged his conviction and sentence through a federal habeas corpus petition raising thirteen claims. The district court held an evidentiary hearing on Cave's claim of ineffective assistance of trial counsel and found
• Nassetta v. Stanton S. Kaplan
  557 So. 2d 919· Fla. 4th DCA· 1990-03-07 ·cited 51×·via Writ Of Habeas Corpus
  The court held that the trial judge's comment, while gratuitous, was not legally sufficient to establish prejudice and did not require disqualification.
• Crisp v. Duckworth
  743 F.2d 580· 7th Cir.· 1984-09-14 ·cited 51×
  The court held that while the attorney's performance may not have met an objective standard of reasonableness, his errors and omissions did not prejudice the defendant's trial outcome to the extent required for habeas corpus relief.
• Greene v. Massey
  384 So. 2d 24· Fla.· 1980-05-08 ·cited 51×·via Habeas Corpus Petition
  The Florida Supreme Court answered certified questions from the Fifth Circuit regarding the precedential effect of a per curiam opinion with special concurrences and the interpretation of Florida's reversal of Greene's murder conviction. The Court clarified that a per curiam opin
• Eberhardt v. Bordenkircher
  605 F.2d 275· 6th Cir.· 1979-09-10 ·cited 51×·via Habeas Corpus Petition
  A prosecutor's comment on a defendant's failure to testify, even if brief, is not harmless error if the evidence is not overwhelming and the trial contained other substantial errors.
• McCHESNEY v. Henderson
  482 F.2d 1101· 5th Cir.· 1973-07-26 ·cited 51×·via Habeas Corpus Petition
  A state court guilty plea is valid if intelligently and voluntarily made, even without express articulation of all constitutional rights, and post-conviction evidence can cure a silent trial record.
• Caraway v. Beto
  421 F.2d 636· 5th Cir.· 1970-01-21 ·cited 51×·via Application For Writ Of Habeas Corpus
  The court affirmed the district court's grant of habeas corpus, finding that the petitioner was denied effective assistance of counsel.
• United States ex rel. William Davis v. Hon. Daniel McMANN
  386 F.2d 611· 2d Cir.· 1967-10-26 ·cited 51×
  The dissenting judge argues that the defendant's actions constituted a deliberate attempt to delay trial and that the trial court acted appropriately in proceeding without counsel after offering multiple opportunities for the defendant to secure one.
• Jennings v. Sec'y, Fla. Dep't of Corr.
  55 F.4th 1277· 11th Cir.· 2022-12-13 ·cited 50×·via Habeas Corpus Petition
  Brandy Bain Jennings, sentenced to death for three murders committed during a 1995 Cracker Barrel robbery, challenged his convictions and sentences on the grounds that his trial counsel rendered constitutionally ineffective assistance during the penalty phase by failing to adequa
• Asay v. State
  224 So. 3d 695· Fla.· 2017-08-14 ·cited 50×
  Mark James Asay, a death-sentenced prisoner with an active execution warrant, appealed the denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the circuit court's denial and rejected all of
• Mann v. State
  112 So. 3d 1158· Fla.· 2013-04-02 ·cited 50×
  Larry Eugene Mann, a death row inmate with an active execution warrant, appealed the denial of his Rule 3.851 postconviction motion and public records requests, and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the circuit court's denials on all grounds,
• Lawrence v. State
  969 So. 2d 294· Fla.· 2007-11-01 ·cited 50×
  Jonathan Huey Lawrence, convicted of first-degree murder and sentenced to death, appealed denial of his Rule 3.851 post-conviction motion and filed a habeas petition challenging his conviction and sentence. The Florida Supreme Court affirmed the trial court's denial, finding no m
• Kormondy v. State
  983 So. 2d 418· Fla.· 2007-10-11 ·cited 50×
  Johnny Shane Kormondy appeals the circuit court's denial of his Rule 3.851 motion for postconviction relief and files a habeas corpus petition in this capital murder case where he was sentenced to death in 1994 for murdering Gary McAdams during a home invasion robbery. The Florid
• Rutherford v. State
  940 So. 2d 1112· Fla.· 2006-10-12 ·cited 50×
  Arthur Dennis Rutherford, a death row inmate with an active execution warrant, appealed the trial court's denial of his third successive motion for postconviction relief and dismissal of his motion to correct an illegal sentence, and petitioned for habeas corpus. The Florida Supr
• Lynford Blackwood v. State
  946 So. 2d 960· Fla.· 2006-10-12 ·cited 50×
  Lynford Blackwood was convicted of first-degree murder and sentenced to death. On postconviction review, he challenged his conviction and sentence based on ineffective assistance of counsel claims. The Florida Supreme Court affirmed the trial court's denial of his ineffectiveness
• Lucas v. State
  841 So. 2d 380· Fla.· 2003-01-09 ·cited 50×
  Harold Gene Lucas appeals the denial of his rule 3.850 postconviction motion and petitions for a writ of habeas corpus in his capital murder case. After five direct appeals, with four resulting in resentencing orders, the Florida Supreme Court affirmed the trial court's denial of
• Telisia Shaonte Kelley v. Rice
  800 So. 2d 247· Fla. 2d DCA· 2001-10-05 ·cited 50×
  Telisia Kelley, an 18-year-old witness who failed to appear at trial after being subpoenaed, was arrested on a writ of bodily attachment and summarily found in contempt without proper due process protections. The court held that failure to appear in response to a subpoena constit
• Chandler v. Dugger
  634 So. 2d 1066· Fla.· 1994-02-24 ·cited 50×
  Jim Eric Chandler, a death row inmate, petitioned for habeas corpus relief and appealed the denial of his postconviction motion, raising multiple claims of trial and appellate error and ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's denial
• Engle v. Dugger
  576 So. 2d 696· Fla.· 1991-01-15 ·cited 50×·via Habeas Corpus Petition
  Gregory Scott Engle was convicted of first-degree murder and sentenced to death after a jury override. The Florida Supreme Court addressed his postconviction motion and habeas corpus petition, rejecting most claims as procedurally barred or without merit, but ordering disclosure