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

• United States ex rel. Frisch v. Miller
  181 F.2d 360· 5th Cir.· 1950-04-07 ·cited 6×·via Writ Of Habeas Corpus
  The Administrative Procedure Act does not apply to exclusion proceedings before Immigration and Naturalization Service Special Boards of Inquiry, as these boards are specifically provided for by statute.
• Brewster v. Swope
  180 F.2d 984· 9th Cir.· 1950-03-20 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a rehearing ordered after the disapproval of an initial court-martial sentence does not violate the Fifth Amendment's double jeopardy clause, nor is a subsequent sentence void if it is not in excess of the original sentence.
• Anderson v. Hunter
  177 F.2d 770· 10th Cir.· 1949-11-03 ·cited 6×
  The court held that the petitioner's conviction and sentence by court-martial were valid, and his petition for a writ of habeas corpus was properly denied.
• O'Neal Massey v. Moore
  173 F.2d 980· 5th Cir.· 1949-05-09 ·cited 6×·via Writ Of Habeas Corpus
• United States ex rel. Willumeit v. Watkins
  171 F.2d 773· 2d Cir.· 1949-01-03 ·cited 6×·via Writ Of Habeas Corpus
  The court held that an alien convicted of violating 50 U.S.C.A. § 34 may be deported under 8 U.S.C.A. § 157, even if he was a naturalized citizen at the time of the conviction.
• McAFFEE v. Clemmer
  171 F.2d 131· D.C. Cir.· 1948-10-18 ·cited 6×
  The District Court lacked jurisdiction to entertain the habeas corpus petition because the petitioner was confined outside its territorial jurisdiction.
• Moncado v. Ramsey
  167 F.2d 191· 8th Cir.· 1948-04-07 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the administrative determination of alien status and deportability was binding and that the appellant received a fair hearing.
• Bledsoe v. Johnston
  164 F.2d 481· 9th Cir.· 1948-01-12 ·cited 6×
  The appeal is dismissed as moot because the appellant is no longer in the appellee's custody.
• Curtis v. Hiatt
  161 F.2d 621· 3d Cir.· 1947-05-14 ·cited 6×
  The court held that a petitioner's waiver of counsel can be challenged in a habeas corpus proceeding, even if it requires contradicting the record, especially when the petitioner was young and potentially misled.
• Thompson v. Johnston
  160 F.2d 374· 9th Cir.· 1947-02-28 ·cited 6×
  The court held that an inmate is not entitled to discharge on habeas corpus if he fails to show prejudice from the alleged denial of counsel for his direct appeal.
• Setser v. Welch
  159 F.2d 703· 4th Cir.· 1947-02-01 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the appellant's claims were without merit and that the writ of habeas corpus was abused.
• Dawsett v. Benson
  156 F.2d 669· 6th Cir.· 1946-08-05 ·cited 6×
  A federal district court correctly denied a habeas corpus petition when the petitioner failed to exhaust state remedies by not seeking review from the United States Supreme Court after the highest state court adjudicated the merits of the petition.
• Sweet v. Howard
  155 F.2d 715· 7th Cir.· 1946-05-21 ·cited 6×
  The court held that a federal court will not entertain a habeas corpus petition until state remedies, including appellate review of a writ of error coram nobis, have been exhausted.
• United States ex rel. Jackson v. Ragen
  150 F.2d 190· 7th Cir.· 1945-07-02 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner's claims regarding the designation of his sentencing prison, the timing of a transfer approval, and his involuntary return to Illinois as a parole violator were insufficient under Illinois law.
• United States ex rel. Mazy v. Ragen
  149 F.2d 948· 7th Cir.· 1945-06-28 ·cited 6×
  The court held that a federal court cannot grant a writ of habeas corpus for a state prisoner unless all state remedies have been exhausted, and the issue raised is jurisdictional, not a mere error of state law.
• United States ex rel. Rasmussen v. Ragen
  146 F.2d 516· 7th Cir.· 1945-01-10 ·cited 6×
  The court held that a prisoner cannot demand release before serving the maximum sentence, even if eligible for parole, and the district court properly dismissed the habeas corpus petition.
• Eury v. Huff
  146 F.2d 17· D.C. Cir.· 1944-11-30 ·cited 6×·via Writ Of Habeas Corpus
  Habeas corpus cannot be used to retry the sufficiency of evidence or review pre-indictment misconduct.
• United States ex rel. Randall v. United States Marshal for E. Dist. of N.Y.
  143 F.2d 830· 2d Cir.· 1944-07-06 ·cited 6×·via Writ Of Habeas Corpus
  A final judgment and sentence for violating the National Prohibition Act are unaffected by the subsequent repeal of the Eighteenth Amendment and remain enforceable.
• Kelly v. United States
  138 F.2d 489· 9th Cir.· 1943-10-14 ·cited 6×·via Writ Of Habeas Corpus
  A motion in the nature of a proceeding coram nobis to set aside a sentence is not warranted where the defendant knew the facts but was ignorant of the law, and there was no fraud or misconduct by the prosecution.
• Carroll v. Squier
  136 F.2d 571· 9th Cir.· 1943-06-11 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a prisoner released conditionally who is subsequently convicted of another crime has his original sentence interrupted and does not serve the sentences concurrently.
• Sharpe v. Commonwealth of Ky.
  135 F.2d 974· 6th Cir.· 1943-06-04 ·cited 6×
  Federal courts may not be precluded by state procedural limitations from considering constitutional claims in habeas corpus petitions, especially concerning coerced confessions or newly discovered evidence of innocence.
• Ammons v. King
  133 F.2d 270· 8th Cir.· 1943-02-03 ·cited 6×
  The court held that without a record of the evidence presented at the hearing, it cannot review the trial court's findings and must affirm the order.
• Johnson v. Wilson
  131 F.2d 1· 5th Cir.· 1942-11-05 ·cited 6×
  The court held that the district court did not err in dismissing the habeas corpus petition without prejudice because the petitioner failed to exhaust available state remedies.
• Lum Mon Sing v. United States
  124 F.2d 21· 9th Cir.· 1941-12-02 ·cited 6×
  The court held that the immigration officials were not arbitrary in denying the appellant's claim to citizenship and entry into the United States.
• State v. Mayo
  137 Fla. 781· Fla.· 1939-05-19 ·cited 6×·via Writ Of Habeas Corpus
  Pearl Seay challenges his imprisonment after being convicted of larceny and sentenced to two years hard labor. The Florida Supreme Court holds that his commitment to prison was void because it was issued while his conviction judgment was lawfully superseded by a supersedeas bond,
• Clemons v. Chase
  120 Fla. 429· Fla.· 1935-07-10 ·cited 6×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that Lake Hatchineha, formerly part of the larger Lake Cypress, is located in Osceola County rather than Polk County, and therefore discharged Lonnie Clemons from custody because the Polk County court lacked jurisdiction to prosecute him for seining
• Blackwelder v. Morris
  89 Fla. 87· Fla.· 1925-02-05 ·cited 6×·via Habeas Corpus Proceedings
  E. H. Blackwelder was convicted of reckless operation of an automobile while intoxicated and sought habeas corpus relief. The Florida Supreme Court affirmed the lower court's remand for resentencing because the original sentence violated a mandatory statutory requirement to impos
• The State of Fla. ex rel. Frank S. Porter v. Vinzant
  49 Fla. 130· Fla.· 1905-01-01 ·cited 6×·via Habeas Corpus Proceedings
  The Florida Supreme Court dismissed an appeal because the writ of error was not properly allowed or granted as required by statute, meaning the court lacked jurisdiction to hear the case.
• Wendall Hall v. Sec'y, Dep't of Corr.
  N.D. Fla.· 2025-11-21 ·cited 5×
  The court held that the petitioner's claims are procedurally defaulted because the state courts relied on independent and adequate state-law procedural grounds, and the petitioner failed to establish cause for the default or demonstrate a miscarriage of justice.
• Eusebio Aviles, III v. Warden, Volusia Cnty. Corr.
  M.D. Fla.· 2025-10-07 ·cited 5×
  A pretrial detainee seeking federal habeas corpus relief under 28 U.S.C. § 2241 must demonstrate that state procedures cannot resolve the issues, and federal courts should abstain if state remedies are available.
• Tolliver v. Sec'y, Dep't of Corr. (Hillsborough County)
  2023 WL 4488294· M.D. Fla.· 2025-04-28 ·cited 5×
  The court held that the petition for writ of habeas corpus was time-barred under AEDPA and must be dismissed.
• Bradley v. Ivey
  2010 WL 5476712· M.D. Fla.· 2024-05-16 ·cited 5×
  The court held that federal courts must abstain from interfering with pending state court proceedings absent exceptional circumstances, and the petitioner failed to allege such circumstances.
• King v. Warden, Georgia Diagnostic Prison
  69 F.4th 856· 11th Cir.· 2023-06-02 ·cited 5×·via Habeas Corpus Petition
  Warren King, a death-row inmate, appealed the denial of his federal habeas corpus petition, raising challenges to his jury selection based on alleged discriminatory peremptory strikes, his trial counsel's ineffective assistance, and Georgia's procedure for proving intellectual di
• Greene v. Strong
  2020 WL 5015613· N.D. Fla.· 2021-12-03 ·cited 5×
  The court held that the First Step Act's provisions for earned time credits do not mandate their award during the two-year phase-in period, and a petition filed before the completion of this period is premature.
• La-Casse v. Inch
  307 So. 3d 921· Fla. 3d DCA· 2020-10-07 ·cited 5×
  The court dismissed a pro se petition filed by Luis La-Casse, which was an attempt to circumvent a prior order barring him from filing further pro se pleadings related to his conviction without a certificate of merit. The court found his petition was a disguised motion for postco
• Johnson v. State
  264 So. 3d 259· Fla. 1st DCA· 2019-01-22 ·cited 5×
  Jesse Johnson petitioned for relief based on ineffective appellate counsel in his previously affirmed 2015 burglary conviction. The court found that appellate counsel was ineffective for failing to raise the trial court's error in ordering a competency evaluation but failing to h
• Campbell v. State of Fla. & John William Campbell v. Julie J. Jones
  271 So. 3d 914· Fla.· 2018-11-29 ·cited 5×
  Trial counsel was not ineffective for failing to suppress Campbell's statements because counsel made a reasonable strategic decision to introduce the hospital statements to demonstrate Campbell's remorse and emotional state, thereby negating or reducing his culpability, and the j
• Lynch v. State
  254 So. 3d 312· Fla.· 2018-09-20 ·cited 5×
  Richard Lynch, convicted of two murders and sentenced to death, appealed the denial of a successive motion for postconviction relief based on Hurst v. State. The Florida Supreme Court affirmed, holding that Lynch's valid waiver of his right to a penalty phase jury precluded Hurst
• Marshall v. State
  241 So. 3d 969· Fla. 1st DCA· 2018-03-29 ·cited 5×
  Appellate counsel was ineffective for failing to move to correct an illegal consecutive sentencing of two mandatory-minimum terms and for failing to raise the issue on direct appeal.
• Weitz v. State
  229 So. 3d 872· Fla. 2d DCA· 2017-10-25 ·cited 5×
  Joseph Weitz petitioned for relief based on ineffective assistance of appellate counsel for failing to raise a double jeopardy argument regarding his dual convictions for transmitting material harmful to minors and unlawfully using a two-way communications device. The Florida Dis
• Straitiff v. State
  228 So. 3d 1173· Fla. 5th DCA· 2017-10-13 ·cited 5×
  A petitioner convicted of soliciting a minor via the internet and traveling to meet that minor seeks habeas corpus relief to vacate his solicitation conviction as a double jeopardy violation. The Florida Supreme Court's decision in State v. Shelley established that dual convictio
• Altersberger v. State
  216 So. 3d 621· Fla.· 2017-04-27 ·cited 5×
  Joshua Lee Altersberger, convicted of first-degree murder for shooting Florida Highway Patrol Sergeant Nick Sottile, challenges his death sentence. The Florida Supreme Court affirms his conviction and denial of postconviction relief regarding trial counsel's advice on plea withdr
• Orme v. State
  214 So. 3d 1269· Fla.· 2017-03-30 ·cited 5×
  The Florida Supreme Court granted death row inmate Roderick Orme a new penalty phase based on the U.S. Supreme Court's decision in Hurst v. Florida, which requires that a jury—not a judge—unanimously find all facts necessary to impose a death sentence. The Court found that the 11
• Ruiz v. Dep't OF Child. & Families
  212 So. 3d 431· Fla. 2d DCA· 2016-12-30 ·cited 5×
• Thompson v. State
  208 So. 3d 49· Fla.· 2016-11-10 ·cited 5×
  William Thompson, convicted of murder and sentenced to death in 1993, sought relief on grounds of intellectual disability following Atkins v. Virginia. The Florida Supreme Court reversed and remanded for a new hearing because prior proceedings were tainted by reliance on Cherry v
• Dooley v. State
  206 So. 3d 87· Fla. 2d DCA· 2016-10-14 ·cited 5×
  The court held that a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise a fundamental error in jury instructions should be granted, allowing a new appeal on that issue.
• French v. Warden, Wilcox State Prison, Attorney Gen., State of Ga.
  790 F.3d 1259· 11th Cir.· 2015-06-23 ·cited 5×·via Habeas Corpus Petition
  The Eleventh Circuit affirmed the district court's denial of the habeas petition. While the court found that trial counsel's performance was deficient for failing to properly proffer evidence of a prior false accusation, it held that the petitioner failed to demonstrate prejudice
• Betts v. State
  157 So. 3d 376· Fla. 2d DCA· 2015-01-30 ·cited 5×
  Eugene Betts petitioned for relief from ineffective assistance of appellate counsel, claiming his appellate counsel failed to raise trial court errors regarding his unequivocal requests to proceed pro se. The court granted the petition as to two grounds, finding the trial court c
• Sylvester v. State
  175 So. 3d 813· Fla. 5th DCA· 2014-06-03 ·cited 5×
  Peter Sylvester sought habeas corpus relief challenging a $600,000 bond set by the trial court as unreasonable. The Fifth District Court of Appeal granted the petition and remanded, finding that the trial court failed to adequately consider Sylvester's financial resources when se
• McKENNA v. State
  161 So. 3d 435· Fla. 2d DCA· 2014-05-07 ·cited 5×
  The Florida District Court of Appeal, Second District, restricted Kenneth McKenna from filing further pro se appeals and original proceedings related to his 1987 criminal conviction, finding that his numerous frivolous and repetitious filings had burdened the court's resources wi