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

• Mrs. Catherine T. Pendergraft v. Cook
  446 F.2d 1222· 5th Cir.· 1971-08-13 ·cited 5×·via Habeas Corpus Petition
  The court held that the petitioner was not entitled to habeas corpus relief based on the exclusion of women from juries, as the ruling on unconstitutionality should be applied prospectively.
• Barefield v. State OF NEW Mexico
  434 F.2d 307· 10th Cir.· 1970-11-13 ·cited 5×·via Habeas Corpus Petition
  The court held that a retrospective competency hearing, even if held years after the plea, is not per se inadequate if the psychiatrists who examined the defendant prior to the plea testify.
• United States ex rel. James Anderson Deans, Sr. v. Honorable Clark Clifford
  420 F.2d 30· 3d Cir.· 1970-01-05 ·cited 5×
  The court held that a relator who misrepresented the dismissal of a pending indictment is estopped from challenging his subsequent induction into the Army on the basis of that indictment.
• North v. State
  217 So. 2d 608· Fla. 1st DCA· 1969-01-21 ·cited 5×·via Writ Of Habeas Corpus
  The appellate court quashed the appeal because the petition for a writ of habeas corpus failed to allege that the petitioner was in custody.
• Williams v. State OF Ala. & N. L. Hale
  403 F.2d 1019· 5th Cir.· 1968-12-02 ·cited 5×·via Writ Of Habeas Corpus
  A sentence within statutory limits is generally not subject to constitutional challenge, even if increased upon retrial after a prior conviction was set aside, unless the increase constitutes a penalty for exercising post-conviction remedies.
• White v. Wilson
  399 F.2d 596· 9th Cir.· 1968-07-19 ·cited 5×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the denial.
• Rion v. Purdy
  212 So. 2d 304· Fla. 3d DCA· 1968-07-02 ·cited 5×
  The court held that the trial court did not err in dismissing the petition for writ of habeas corpus and remanding the appellant for rendition, as the extradition warrant was valid and supported by competent evidence.
• Sult v. Weber
  210 So. 2d 739· Fla. 4th DCA· 1968-05-27 ·cited 5×
  The Florida District Court of Appeal reversed a lower court order that would have remanded a juvenile's commitment to the Florida School for Boys based on retroactive application of In re Gault. The court held that Gault's procedural requirements do not apply retroactively to juv
• Schack v. State of Fla. & L. L. Wainwright
  202 So. 2d 824· Fla. 1st DCA· 1967-09-21 ·cited 5×
  Schack sought habeas corpus relief after completing his sentence in one case, requesting bail reduction in that case. The court affirmed the lower court's denial of the petition, finding that Schack was lawfully detained for serving sentences in two other cases and was not entitl
• Dobson v. Cameron
  D.D.C.· 1967-09-01 ·cited 5×·via Habeas Corpus Petition
  The court's majority opinion unfortunately blurs the distinction between civil and criminal commitment statutes, potentially misapplying rights and procedures.
• Smith v. State
  180 So. 2d 675· Fla. 3d DCA· 1965-12-07 ·cited 5×·via Writ Of Habeas Corpus
  The court held that a motion for relief under Criminal Procedure Rule No. 1 was properly summarily denied when the grounds raised had already been judicially determined to be without merit.
• Boyd W. COX, Jr. v. State
  180 So. 2d 467· Fla. 2d DCA· 1965-12-01 ·cited 5×·via Writ Of Habeas Corpus
  Boyd Cox petitioned for habeas corpus to challenge his extradition to Tennessee on a criminal charge for failing to comply with a child support order. The court held that while the extradition did not meet the requirements of Florida's standard extradition statute (Chapter 941),
• Mangram v. State
  179 So. 2d 243· Fla. 1st DCA· 1965-10-26 ·cited 5×·via Habeas Corpus Petition
  George Mangram appeals the denial of his motion to vacate a conviction for second-degree murder entered upon a guilty plea to a lesser offense than the grand jury indictment for first-degree murder. The court affirmed the denial, finding that Mangram received full constitutional
• Duckett v. Steiner
  332 F.2d 178· 4th Cir.· 1964-04-28 ·cited 5×·via Writ Of Habeas Corpus
  The court held that a federal evidentiary hearing is unnecessary when a state post-conviction proceeding has already provided a full and fair hearing on the issue.
• United States v. Holton
  227 F.2d 886· 7th Cir.· 1955-12-06 ·cited 5×·via Writ Of Habeas Corpus
  The dissenting judge believes the state court acted without authority by disregarding a Supreme Court mandate that had voided a conviction.
• Brown v. Frisbie
  178 F.2d 271· 6th Cir.· 1949-12-08 ·cited 5×·via Application For Writ Of Habeas Corpus
  The court held that the district court should have allowed the petitioner to present evidence supporting his factual allegations in his habeas corpus petition.
• Ex parte: George F. Puckett
  159 Fla. 468· Fla.· 1947-09-12 ·cited 5×
  Puckett, confined under a life sentence for a fourth felony conviction, petitioned for habeas corpus relief, arguing his conviction was void because three prior convictions relied upon for sentence enhancement occurred on the same day. The Florida Supreme Court denied relief, fin
• Miller v. Sanford
  161 F.2d 291· 5th Cir.· 1947-05-02 ·cited 5×·via Habeas Corpus Petition
  The court held that the petitioner's habeas corpus petition was properly denied because the sentence in the Southern District of Texas was explicitly made cumulative to a sentence in the Northern District of Texas, and the latter had not yet been fully served.
• Ex parte Aulday
  113 Fla. 70· Fla.· 1933-11-28 ·cited 5×·via Application For Writ Of Habeas Corpus
  Harry Aulday petitioned for habeas corpus relief, claiming the trial judge was disqualified due to prejudice after the judge refused to recuse himself when challenged under Florida law. The Florida Supreme Court held that habeas corpus is not the proper remedy to challenge a tria
• Wallace v. State
  390 So. 3d 1· Fla. 1st DCA· 2024-10-30 ·cited 4×
  Michael Wallace seeks a writ of habeas corpus claiming manifest injustice based on the First District Court of Appeal's recent decision in State v. Rogers regarding the Statewide Prosecutor's authority under the Federal Wiretap Act. Wallace argues he is entitled to relief because
• Guardado v. Sec'y, Fla. Dep't of Corr.
  112 F.4th 958· 11th Cir.· 2024-08-12 ·cited 4×
  Jesse Guardado confessed to brutally murdering a seventy-five-year-old woman in 2004 and pleaded guilty without counsel, but was later represented during the penalty phase, which resulted in a death sentence. The Eleventh Circuit affirmed the denial of his federal habeas petition
• Trammell v. State
  369 So. 3d 1155· Fla. 2d DCA· 2024-04-05 ·cited 4×
  The State of Florida appealed a trial court's dismissal of a concealed firearm charge, arguing the court misinterpreted Florida's private conveyance exception to the concealed weapons statute. The appellate court agreed, holding that even a securely encased firearm cannot be carr
• Torin Robinson v. State
  Fla. 3d DCA· 2023-04-12 ·cited 4×
  The court denied Torin Robinson's petition for a writ of habeas corpus because it was filed over twenty years past the deadline. The court also noted that even if his double jeopardy claim were valid, it would not be cognizable because no sentence was imposed on one of the challe
• Kleckley v. State
  2022 WL 3566908· S.D. Fla.· 2023-03-02 ·cited 4×
  A resentencing on one count that does not alter the term of imprisonment or vacate the original judgment does not restart the AEDPA limitations period for undisturbed counts.
• Zuberlon Lenard Williams v. State
  304 So. 3d 843· Fla. 1st DCA· 2020-11-04 ·cited 4×
  The court granted a petition for writ of habeas corpus, vacating a prior sentence. The petitioner argued his sentence was improperly based on a prior felony conviction for which he did not serve state prison time, a situation later clarified by the Florida Supreme Court.
• Anderson v. Warden, FCC Coleman - USP I
  948 F. Supp. 810· M.D. Fla.· 2020-11-02 ·cited 4×
  The court denied the petitioner's motions to strike and for production of documents, and confirmed its prior judgment denying the petition for writ of habeas corpus.
• Dumas v. Sec'y, Dep't of Corr. (Duval County)
  2020 WL 5883300· M.D. Fla.· 2020-10-09 ·cited 4×
  The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus, the petitioner is not entitled to federal habeas relief.
• Jones v. State
  279 So. 3d 342· Fla. 5th DCA· 2020-01-23 ·cited 4×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to argue that the automobile exception did not apply to the warrantless search of the vehicle, and that such an argument would have succeeded on appeal.
• McWilliams v. Comm'r, Ala. Dep't of Corr.
  940 F.3d 1218· 11th Cir.· 2019-10-15 ·cited 4×·via Habeas Corpus Petition
  An Alabama inmate sentenced to death was denied meaningful psychiatric assistance at his capital sentencing hearing in violation of *Ake v. Oklahoma*, when the trial court refused his counsel's request for expert help to evaluate and present mental health mitigating evidence desp
• Davis v. Sellers
  940 F.3d 1175· 11th Cir.· 2019-10-10 ·cited 4×
  Scott Winfield Davis, convicted of malice murder in the 1996 death of David Coffin Jr., appealed the denial of his federal habeas corpus petition challenging the loss and destruction of evidence by law enforcement and alleging prosecutorial suppression of a second police intervie
• In re Bowles
  935 F.3d 1210· 11th Cir.· 2019-08-22 ·cited 4×
  Gary Ray Bowles, a death row inmate convicted of murder in 1994, sought authorization from the Eleventh Circuit to file a successive federal habeas petition claiming intellectual disability and thus ineligibility for execution under Atkins v. Virginia. The court denied his applic
• Leiva v. Warden
  928 F.3d 1281· 11th Cir.· 2019-07-08 ·cited 4×
  The Eleventh Circuit held that the U.S. Executive Branch's determination that the extradition treaty between the United States and Colombia remains in force is binding on the courts, even if a Colombian court declared the domestic ratification law unconstitutional.
• Thourtman v. Junior
  275 So. 3d 726· Fla. 3d DCA· 2019-06-12 ·cited 4×
  Article I, section 14 of the Florida Constitution does not require a trial court to make a preliminary finding of "proof evident, presumption great" at first appearance in order to detain a defendant charged with a capital or life offense for a reasonable time pending a full Arth
• Hales v. State
  260 So. 3d 413· Fla. 3d DCA· 2018-11-28 ·cited 4×
  A circuit court lacks jurisdiction to review the legality of a conviction and sentence imposed in another circuit court.
• Barr v. State
  Fla. 4th DCA· 2018-10-10 ·cited 4×
  A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption great before denying pretrial release without bond; failure to make this finding is error, but may be deemed harmless if
• Dameon Tremayne Moore v. State of Fla. & Cornita A. Riley
  247 So. 3d 672· Fla. 5th DCA· 2018-05-23 ·cited 4×
  Dameon Moore, detained pending trial on aggravated stalking and pretrial release violation charges, sought habeas corpus relief after the trial court denied his bail reduction motion without a hearing, labeling it "legally insufficient." The Florida District Court of Appeal, Fift
• Tysheona Smith v. State of Fla. & Cornita A. Riley
  247 So. 3d 77· Fla. 5th DCA· 2018-05-11 ·cited 4×·via Writ Of Habeas Corpus
  Tysheona Smith, found incompetent to proceed and arrested on new charges while on conditional release, petitioned for habeas corpus to challenge her pretrial detention. The court granted the petition, holding that when an incompetent defendant on conditional release commits a new
• Robert E. Banks v. Jones
  232 So. 3d 963· Fla.· 2017-12-21 ·cited 4×
  The Florida Supreme Court resolved a certified conflict between district courts on whether inmates may use habeas corpus petitions to challenge close management housing assignments. The Court held that habeas corpus remains the proper vehicle for such challenges when the assignme
• Moise Harvey v. State
  238 So. 3d 353· Fla. 3d DCA· 2017-11-22 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the trial court erred in ordering pretrial detention without sufficient evidence of willfulness and without considering less onerous conditions of release.
• Cary Michael Lambrix v. Jones
  227 So. 3d 550· Fla.· 2017-09-26 ·cited 4×
  Cary Lambrix, a death row inmate convicted of two 1983 murders, petitioned for a writ of habeas corpus raising claims of actual innocence, denial of the right to testify, and inadequate access to DNA evidence. The Florida Supreme Court denied the petition, finding Lambrix had fai
• Mendoza v. State
  224 So. 3d 836· Fla. 3d DCA· 2017-08-09 ·cited 4×·via Writ Of Habeas Corpus
  Salvador Mendoza petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel, but the Florida District Court of Appeal dismissed the petition as procedurally barred because it was filed more than four years after his judgment and sentence became fi
• Bailey v. Jones
  225 So. 3d 776· Fla.· 2017-07-06 ·cited 4×·via Writ Of Habeas Corpus
  Robert J. Bailey seeks habeas corpus relief from his death sentence under Hurst v. Florida, which requires jury unanimity in recommending capital punishment. The Florida Supreme Court grants the petition, finding that Bailey's 11-1 jury recommendation violates Hurst and the error
• White v. Junior
  219 So. 3d 230· Fla. 3d DCA· 2017-05-17 ·cited 4×
  Travis White petitions for habeas corpus after being convicted of direct criminal contempt for failing to submit to a court-ordered drug test and return to court in a dependency proceeding. The Florida District Court of Appeal vacates the conviction and remands for prosecution as
• Knight v. State
  213 So. 3d 1019· Fla. 1st DCA· 2017-02-21 ·cited 4×
  Brittany Knight, a daycare worker charged with aggravated manslaughter of a child, petitioned for a writ of habeas corpus challenging her $250,000 bail as excessive. The Florida First District Court of Appeal denied her petition, holding that she failed to meet her burden of prov
• Lancelot Uriley Armstrong v. State
  211 So. 3d 864· Fla.· 2017-01-19 ·cited 4×·via Writ Of Habeas Corpus
  The Florida Supreme Court vacated Armstrong's death sentence and remanded for a new penalty phase, finding that because the jury's 9-3 recommendation was made under the sentencing scheme invalidated by Hurst v. Florida, the harmless error standard required reversal since the cour
• Brewster v. State
  203 So. 3d 956· Fla. 2d DCA· 2016-09-30 ·cited 4×
  The postconviction court erred in dismissing motions as successive because it lacked jurisdiction to rule on earlier motions during the pendency of direct appeals.
• Kenitra Monae Casper v. State
  187 So. 3d 255· Fla. 1st DCA· 2016-02-10 ·cited 4×·via Habeas Corpus Proceedings
• Jerone Hunter v. State
  175 So. 3d 699· Fla.· 2015-04-30 ·cited 4×·via Writ Of Habeas Corpus
  Jerone Hunter appeals the denial of his Rule 3.851 motion for postconviction relief in a capital murder case involving the brutal murders of six victims in Deltona, Florida. The Florida Supreme Court affirms the trial court's denial of Hunter's ineffective assistance of counsel c
• Zommer v. State
  160 So. 3d 368· Fla.· 2015-01-15 ·cited 4×
  Todd Zommer was convicted of first-degree murder and sentenced to death for killing a 77-year-old woman. On postconviction appeal, Zommer challenged his death sentence on multiple grounds, including claims of ineffective assistance of trial counsel and constitutional challenges t
• Marc v. Miller
  153 So. 3d 392· Fla. 1st DCA· 2014-12-17 ·cited 4×
  The court held that the prior denial of a habeas petition was not an adjudication on the merits, thus res judicata did not bar the current mandamus petition.