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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The court affirmed the district court's denial of Robert Alton Harris's third federal petition for a writ of habeas corpus, finding no error in the denial without an evidentiary hearing.
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513 So. 2d 659·
Fla.·
1987-10-08
·cited 50×
David Delap petitions for habeas corpus and a stay of execution, arguing that the jury instruction in his capital sentencing violated Lockett v. Ohio principles as clarified by Hitchcock v. Florida. The Florida Supreme Court denies the petition, finding that although the jury ins
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The court held that the trial court properly excluded jurors opposed to the death penalty, the exclusion did not violate the cross-section requirement, and the petitioner received effective assistance of counsel.
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Florida Supreme Court held that the U.S. Supreme Court's decision in Enmund v. Florida, which prohibited death sentences for defendants who did not kill or intend killing, did not bar execution of White, who was present during the murders, actively participated in restraining vic
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465 So. 2d 1218·
Fla.·
1985-03-04
·cited 50×
William Middleton, convicted of first-degree murder and sentenced to death, appealed the denial of his motion to vacate judgment and sentence and his habeas corpus petition challenging the effectiveness of his trial and appellate counsel. The Florida Supreme Court affirmed the de
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708 F.2d 954·
5th Cir.·
1983-07-05
·cited 50×
The court held that the petitioner's counsel at the sentencing proceeding was constitutionally deficient, and that counsel's errors resulted in actual and substantial disadvantage to the client's defense.
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The court held that the inference of guilt from recent possession of stolen goods, without corroborating evidence, is insufficient to support a burglary conviction under the Jackson v. Virginia standard.
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The court held that the federal district court should have dismissed the habeas corpus petition without prejudice because the specific issue of counsel's failure to obtain a psychiatric examination and present medical evidence was not fully developed in state court.
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628 F.2d 528·
9th Cir.·
1980-09-04
·cited 50×
The denial of cross-examination to explore a witness's potential bias against a group to which the defendant belonged violated the Sixth Amendment's Confrontation Clause.
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620 F.2d 1055·
4th Cir.·
1980-05-05
·cited 50×
A state prisoner is barred from federal habeas corpus relief if he failed to comply with valid state procedural requirements that independently preclude direct review of the merits.
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The court held that a trial judge's conduct, including excessive intervention and comments, can deny a defendant's due process rights to a fair trial.
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The court held that a federal habeas court must determine if there was 'cause' for the petitioner's failure to make a contemporaneous objection on the proper ground and if that failure resulted in actual prejudice, to allow review of a claim barred by state procedural rules.
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515 F.2d 437·
3d Cir.·
1975-04-08
·cited 50×
The federal court erred in granting a writ of habeas corpus and enjoining ongoing state criminal proceedings. The petitioner failed to exhaust his state court remedies on the merits of his speedy trial claim and did not demonstrate "extraordinary circumstances" that would justify
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483 F.2d 656·
3d Cir.·
1973-08-27
·cited 50×
The court held that the repeal of 26 U.S.C. § 7237(d) made prisoners convicted of certain narcotics offenses before the repeal eligible for parole under 18 U.S.C. § 4202, as the savings clause of the repealing act did not encompass parole eligibility decisions made after prosecut
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The court held that a prisoner's allegations of denial of due process and denial of access to the courts by prison officials state claims upon which relief may be granted, requiring further factual determination.
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407 F.2d 816·
5th Cir.·
1969-03-04
·cited 50×
The court held that a federal court should not entertain a habeas corpus petition if the petitioner has not exhausted state remedies for all claims presented, even if some claims have been exhausted.
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395 F.2d 341·
5th Cir.·
1968-06-05
·cited 50×
Sentences must be vacated if counsel was absent at sentencing, and the case must be remanded for a determination of whether counsel's failure to object to the introduction of prior criminal records constituted ineffective assistance.
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The prosecutor's failure to disclose exculpatory evidence regarding eyewitness identification violated the defendant's due process rights, entitling him to a writ of habeas corpus.
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383 F.2d 129·
2d Cir.·
1967-08-23
·cited 50×
The court held that a convicted defendant denied the effective assistance of counsel due to counsel's failure to perfect an appeal, especially when the co-defendant's conviction was later reversed on appeal, is entitled to habeas corpus relief.
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A state court's jurisdiction over a defendant is not divested by the defendant's status as a federal probationer; physical custody, not probation status, determines which sovereign has control.
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153 F.2d 834·
10th Cir.·
1946-03-01
·cited 50×
The court held that a defendant has a constitutional right to counsel at the return of a jury verdict and at sentencing, and that the trial court erred in refusing to allow the petitioner to testify regarding his claim of denial of counsel at these stages.
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Ronnie Johnson, sentenced to death for the 1989 first-degree murder of Tequila Larkins, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the circuit court's denial of all claims, finding no ineffecti
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Mark Dean Schwab, sentenced to death for kidnapping, sexually abusing, and murdering an 11-year-old boy, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of all postconvicti
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700 So. 2d 1220·
Fla.·
1997-10-23
·cited 49×
Elmo Gay sought habeas corpus relief arguing he was entitled to credit for time spent under Control Release supervision when that supervision was revoked due to violation of release conditions. The Florida Supreme Court held that the Parole Commission, as the Control Release Auth
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643 So. 2d 668·
Fla. 1st DCA·
1994-10-11
·cited 49×
The court held that a habitual offender sentenced under Florida law is subject to conditional release supervision even if they earn incentive gain-time, and their reincarceration for violating release conditions was lawful.
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Eduardo Lopez, a death row inmate, petitioned for habeas corpus and appealed denial of his rule 3.850 postconviction motion, raising eighteen claims of ineffective assistance of counsel and constitutional violations. The Florida Supreme Court affirmed the trial court's denial of
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Gregory Mills, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 postconviction motion, claiming ineffective assistance of counsel for failing to develop mental impairment evidence at sentencing. The Florida Supreme Court deni
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Ian Lightbourne appeals the denial of his motion for postconviction relief and habeas corpus petition in a capital murder case. The Florida Supreme Court reverses in part, finding that allegations of Brady violations regarding cellmate testimony warrant an evidentiary hearing, bu
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547 So. 2d 1197·
Fla.·
1989-07-06
·cited 49×
Andrea Hicks Jackson, sentenced to death for the murder of a police officer, challenged her death sentence on habeas corpus grounds, arguing that victim impact evidence presented during the penalty phase violated the Eighth Amendment under Booth v. Maryland. The Florida Supreme C
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748 F.2d 1505·
11th Cir.·
1984-12-17
·cited 49×
The district court did not violate due process by adopting the magistrate's credibility findings without holding a second evidentiary hearing.
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The Court amended Rule of Criminal Procedure 3.850, establishing new procedures and time limitations for motions to vacate, set aside, or correct sentences.
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740 F.2d 897·
11th Cir.·
1984-08-31
·cited 49×
A defendant need not demonstrate prejudice for ineffective assistance of counsel only in rare circumstances where the adversarial process is presumptively unreliable, not merely when state action impedes counsel's preparation.
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The admission of irrelevant and prejudicial evidence of a prior conviction, due to the denial of a severance motion, violated the petitioner's Fourteenth Amendment right to a fair trial, warranting habeas corpus relief.
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The admission of two prior uncounselled convictions was not improper, and the admission of the remaining two was harmless error.
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The court held that the introduction of an unsworn confession without the declarant being subject to cross-examination denied the defendant a fair trial, and this error was not harmless.
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The court held that the record was inadequate to determine if the hospital's decision to keep the appellant in maximum security was permissible and reasonable, requiring a remand for further proceedings.
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341 F.2d 782·
9th Cir.·
1965-02-10
·cited 49×
The district court exceeded its authority under 28 U.S.C. § 2255 by modifying sentences and considering good time credits, as these actions were not authorized by the statute and encroached on executive functions.
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The Florida Supreme Court reversed a habeas corpus judgment, holding that a circuit court cannot issue a search warrant for alleged violations of a municipal ordinance that is made returnable to a municipal court, as such warrants must comply strictly with state statutory provisi
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Philip Walter Jones was convicted of aggravated domestic battery in 2006 and sentenced to 20 years imprisonment. Six years after his conviction became final, he filed a Rule 3.850 motion alleging newly discovered evidence that his trial counsel failed to inform him of a ten-year
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847 So. 2d 438·
Fla.·
2003-05-29
·cited 48×
Jason Dirk Walton appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 challenging his conviction for three counts of first-degree murder and three death sentences. The Florida Supreme Court affirms the trial court's denial, fi
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Death row inmate Jason Walton appealed denial of his Rule 3.850 post-conviction relief motion, raising fourteen issues including claims about access to public records needed to investigate his case. The Florida Supreme Court held that capital defendants are entitled to public rec
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The dissent argues that the jury's assessment of mitigating factors, such as youth and family circumstances, is not fully captured by questions about deliberateness and future danger.
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A federal court must dismiss a habeas petition if the petitioner fails to demonstrate cause and prejudice for not exhausting state remedies, even if state remedies are futile.
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841 F.2d 371·
11th Cir.·
1988-03-28
·cited 48×
The court held that while the petitioner demonstrated cause for his procedural default in state court, he failed to demonstrate actual prejudice from the alleged constitutional errors, thus barring federal habeas relief.
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829 F.2d 1453·
9th Cir.·
1987-10-06
·cited 48×
The dissenting judge argues that the failure of Campbell's counsel to present mitigating circumstances at sentencing deprived him of his Sixth Amendment right to effective assistance of counsel.
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The court held that jury misconduct involving an unauthorized dictionary definition of malice and an out-of-court experiment created a reasonable possibility of prejudice, warranting habeas relief for murder and attempted murder convictions, but not for felony false imprisonment.
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775 F.2d 762·
6th Cir.·
1985-10-29
·cited 48×
The systematic use of peremptory challenges to exclude jurors based on race violates the Sixth Amendment's guarantee of an impartial jury, even if it does not violate the Fourteenth Amendment under Swain v. Alabama.
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761 F.2d 275·
6th Cir.·
1985-05-01
·cited 48×
The court held that the trial judge acted unreasonably in denying the defendant's request for substitute counsel, thus violating the Sixth Amendment right to counsel of choice.
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439 So. 2d 868·
Fla.·
1983-09-15
·cited 48×
James McCrae, a death row inmate, petitioned for habeas corpus relief challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court rejected all three claims of ineffective assistance of counsel and denial of due process, holding that issues not