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

• Shriner v. Louie L. Wainwright
  715 F.2d 1452· 11th Cir.· 1983-09-09 ·cited 48×·via Habeas Corpus Petition
  The court held that the denial of the habeas corpus petition was proper, as there were no constitutional infirmities in the state proceedings regarding Shriner's conviction or sentence.
• Hill v. Linahan
  697 F.2d 1032· 11th Cir.· 1983-02-11 ·cited 48×·via Habeas Corpus Petition
  The court held that the district court erred by dismissing the habeas petition under Rule 9(a) without providing the petitioner notice and an opportunity to be heard, and because the respondent failed to make a particularized showing of prejudice caused by the delay.
• Bullard v. Estelle
  665 F.2d 1347· 5th Cir.· 1982-01-20 ·cited 48×
  The double jeopardy clause bars a second enhancement proceeding when evidence in the first was insufficient, and this principle applies retroactively.
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×·via Writ Of Habeas Corpus
  A prosecutor's actions in plea bargaining are protected by absolute immunity under 42 U.S.C. § 1983, and damages cannot be recovered for harm resulting from such conduct.
• Darrett Bernard Baker v. Honorable Don Metcalfe
  633 F.2d 1198· 5th Cir.· 1981-01-09 ·cited 48×·via Habeas Corpus Petition
  The court held that prosecutorial overreaching sufficient to bar retrial under double jeopardy requires bad faith, intentional, or grossly negligent misconduct that seriously prejudices the defendant.
• Trujillo v. Trujillo
  378 So. 2d 812· Fla. 3d DCA· 1979-12-11 ·cited 48×
  A Florida appellate court reversed a trial court's modification of a New York custody decree, holding that Florida lacked jurisdiction under the Uniform Child Custody Jurisdiction Act to modify the decree after the mother's drug charges were dismissed. The court emphasized that F
• Swicegood v. State OF Ala.
  577 F.2d 1322· 5th Cir.· 1978-08-11 ·cited 48×·via Habeas Corpus Petition
  The court held that while the Fourth Amendment claim regarding the arrest was barred by Stone v. Powell, the lineup identification procedures were so suggestive and unreliable as to violate due process.
• Hooker v. Klein
  573 F.2d 1360· 9th Cir.· 1978-05-03 ·cited 48×
  The court affirms the denial of the writ of habeas corpus, but the concurring opinion suggests a broader review for the government in extradition cases.
• Petition of Josette Geisser v. United States
  554 F.2d 698· 5th Cir.· 1977-06-22 ·cited 48×·via Habeas Corpus Petition
  The court should not enforce plea bargain provisions that attempt to modify or abrogate a U.S. treaty, as treaties are the supreme law of the land.
• Davis v. State
  277 So. 2d 300· Fla. 2d DCA· 1973-04-19 ·cited 48×·via Writ Of Habeas Corpus
  Earl Davis appealed his guilty pleas and sentences for robbery, extortion, breaking and entering, and petit larceny, claiming he was denied the right to appeal. The court held that Davis's guilty pleas were freely and voluntarily given with full knowledge of consequences, but rem
• Johnson v. Beto
  466 F.2d 478· 5th Cir.· 1972-08-25 ·cited 48×·via Application For Writ Of Habeas Corpus
  A guilty plea induced by a prosecutor's promise, even if the prosecutor cannot guarantee the sentence, is involuntary and subject to collateral attack.
• Amos Lumpkin v. Lamont Smith
  439 F.2d 1084· 5th Cir.· 1971-03-17 ·cited 48×
  The court held that a petitioner is denied effective assistance of counsel when appointed counsel fails to advise them of their right to appeal, the procedure, time limits, and the right to appointed counsel on appeal.
• Lexington Steve Lamb v. Beto
  423 F.2d 85· 5th Cir.· 1970-02-16 ·cited 48×
  The court held that the appellant's claims of denial of counsel, inadequate representation, and involuntary guilty pleas were not supported by the record, affirming the denial of his habeas corpus petition.
• Hudson v. Hardy
  424 F.2d 854· D.C. Cir.· 1970-02-12 ·cited 48×
  The court held that the issue of mootness, raised for the first time on rehearing, requires further discussion and should be presented to the District Court on remand.
• Byrd v. Smith
  407 F.2d 363· 5th Cir.· 1969-02-04 ·cited 48×·via Habeas Corpus Petition
  The court held that a petitioner denied an out-of-time appeal due to counsel's ineffectiveness is entitled to relief, modifying the district court's order to require an out-of-time appeal rather than immediate retrial or release.
• Fitzsimmons v. Yeager
  391 F.2d 849· 3d Cir.· 1968-02-19 ·cited 48×
  The court would affirm the dismissal of the habeas corpus petition for failure to exhaust state remedies, finding that excusable neglect might apply to the petitioner's late filing under state rules.
• Commonwealth OF Pa. ex rel. George W. Craig v. Maroney
  348 F.2d 22· 3d Cir.· 1965-06-30 ·cited 48×·via Writ Of Habeas Corpus
  The court held that the petitioner's confession was admissible, as it was not tainted by an alleged illegal arrest and was made voluntarily despite the circumstances. The court also held that evidence obtained from a warrantless search was inadmissible under Mapp v. Ohio, but Map
• United States ex rel. James J. Savini v. Jackson
  250 F.2d 349· 2d Cir.· 1957-11-29 ·cited 48×·via Habeas Corpus Petition
  The court held that a state prisoner's sentence, enhanced based on a prior conviction obtained without advising him of his right to counsel, is unconstitutional and subject to habeas corpus relief.
• Stroud v. Swope
  187 F.2d 850· 9th Cir.· 1951-03-09 ·cited 48×
• Barnhill v. State
  971 So. 2d 106· Fla.· 2007-10-25 ·cited 47×
  Arthur Barnhill III, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding no ineffective a
• Wydell Jody Evans v. State
  946 So. 2d 1· Fla.· 2006-10-05 ·cited 47×·via Writ Of Habeas Corpus
  Wydell Evans was convicted of first-degree murder and sentenced to death for shooting his brother's girlfriend. On appeal of a post-conviction relief motion, the Florida Supreme Court affirmed the denial of Evans' ineffective assistance of counsel claims and denied his habeas pet
• Meola v. Dep't OF Corr.
  732 So. 2d 1029· Fla.· 1998-12-24 ·cited 47×·via Writ Of Habeas Corpus
  Three Florida inmates challenged the Department of Corrections' cancellation of their previously awarded Provisional Credits under overcrowding reduction statutes, claiming violations of the Ex Post Facto Clause, Due Process, and Equal Protection. The Florida Supreme Court denied
• Buenoano v. State
  708 So. 2d 941· Fla.· 1998-03-26 ·cited 47×·via Writ Of Habeas Corpus
  Judy Buenoano, sentenced to death for the 1971 arsenic murder of her husband James Goodyear, appeals the denial of her third postconviction relief motion. The Florida Supreme Court affirms the trial court's summary denial, finding no Brady violation, newly discovered evidence, or
• Bowles v. Singletary
  698 So. 2d 1201· Fla.· 1997-06-26 ·cited 47×·via Writ Of Habeas Corpus
  David Bowles petitioned for habeas corpus challenging the forfeiture of his gain time credits after his Control Release (early release program) was revoked for violating supervision conditions. The Florida Supreme Court held that by voluntarily accepting the Control Release progr
• Matire v. Louie Wainwright
  811 F.2d 1430· 11th Cir.· 1987-03-09 ·cited 47×
  The court held that appellate counsel's failure to raise the Fifth Amendment issue regarding improper comments on the defendant's post-arrest silence constituted ineffective assistance of counsel.
• Moore v. Balkcom
  716 F.2d 1511· 11th Cir.· 1983-09-30 ·cited 47×·via Habeas Corpus Petition
  The court held that a federal habeas court should not re-examine a state supreme court's proportionality review, and that a death sentence under the Georgia scheme is not invalid if based partly on non-statutory aggravating factors, provided at least one valid statutory factor su
• Straight v. Louie L. Wainwright
  422 So. 2d 827· Fla.· 1982-09-14 ·cited 47×
  Ronald Straight, a death row inmate, sought habeas corpus relief and appealed the denial of his Rule 3.850 postconviction motion, raising claims of ineffective assistance from both appellate and trial counsel, as well as constitutional challenges to jury instructions on mitigatin
• Lindner v. Wyrick
  644 F.2d 724· 8th Cir.· 1981-03-24 ·cited 47×
  The court held that the district court properly dismissed unexhausted claims and did not err in denying an evidentiary hearing on the exhausted claims, as the factual dispute could be resolved by the record.
• United States v. Auten
  632 F.2d 478· 5th Cir.· 1980-12-08 ·cited 47×·via Petition For Habeas Corpus Relief
  The court held that the government's failure to disclose a key witness's criminal record, which was constructively known to the prosecution, constituted a Brady violation, requiring a remand for an evidentiary hearing.
• Louis v. Blackburn
  630 F.2d 1105· 5th Cir.· 1980-11-19 ·cited 47×·via Application For Writ Of Habeas Corpus
  Due process requires a district judge to personally hear the testimony of witnesses when making an independent credibility determination that is inconsistent with the magistrate's findings.
• Clark v. Blackburn
  619 F.2d 431· 5th Cir.· 1980-06-18 ·cited 47×
  The court held that the district court's denial of habeas corpus relief must be vacated and remanded for an evidentiary hearing due to an inadequate record concerning allegations of ineffective assistance of trial counsel.
• Winters v. Cook
  489 F.2d 174· 5th Cir.· 1973-11-28 ·cited 47×·via Habeas Corpus Petition
• Bustamante v. Eyman
  456 F.2d 269· 9th Cir.· 1972-02-07 ·cited 47×·via Habeas Corpus Petition
  The dissenting judge would hold that the replay of electronically recorded instructions in the defendant's absence was not an error of constitutional dimension and, even if it were, it was harmless error beyond a reasonable doubt.
• Rowe v. Peyton
  383 F.2d 709· 4th Cir.· 1967-08-28 ·cited 47×·via Habeas Corpus Petition
  The writ of habeas corpus is available to state prisoners seeking to attack future sentences, even if those sentences have no present effect on parole eligibility, because the prisoners are substantively in custody for all consecutive sentences.
• Thomas v. Cunningham
  313 F.2d 934· 4th Cir.· 1963-01-08 ·cited 47×·via Habeas Corpus Petition
  A state court's refusal to suspend a trial for a preliminary inquiry into the defendant's sanity, despite uncontroverted expert testimony suggesting psychosis, constitutes a denial of due process.
• Williamson v. State
  994 So. 2d 1000· Fla.· 2008-10-08 ·cited 46×·via Writ Of Habeas Corpus
  Dana Williamson, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed most claims but reversed and remanded cla
• Leighton Binns v. State
  979 So. 2d 439· Fla. 4th DCA· 2008-04-23 ·cited 46×
  Leighton Binns sought habeas relief based on ineffective assistance of appellate counsel for failing to raise a double jeopardy violation on appeal. The court found that while appellate counsel's failure to raise the issue constituted ineffective assistance, two of the five convi
• Grim v. State
  971 So. 2d 85· Fla.· 2007-10-04 ·cited 46×·via Writ Of Habeas Corpus
  Norman Grim, a death row inmate, appealed the denial of his motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's order, rejecting multiple claims of ineffective assistance of counsel, Brady violations, a
• Nixon v. State
  932 So. 2d 1009· Fla.· 2006-04-20 ·cited 46×
  Joe Elton Nixon, convicted of murder and sentenced to death, challenged his conviction on multiple grounds including ineffective assistance of counsel for counsel's concession of guilt without express consent. The Florida Supreme Court, applying the Strickland standard after the
• Knight v. State
  923 So. 2d 387· Fla.· 2005-11-03 ·cited 46×
  Askari Abdullah Muhammad (formerly Thomas Knight) appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus in this death penalty case. The Florida Supreme Court affirms the circuit court's summary denial of all postconviction
• Broom v. State
  907 So. 2d 1261· Fla. 3d DCA· 2005-08-03 ·cited 46×
  Anthony Broom appealed the denial of his habeas corpus petition by the Miami-Dade Circuit Court. The Third District reversed, holding that the Miami-Dade court lacked jurisdiction to consider collateral attacks on his conviction and sentence, which must be brought in the county w
• Loran Cole v. State
  841 So. 2d 409· Fla.· 2003-01-16 ·cited 46×·via Writ Of Habeas Corpus
  Loran Cole, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all claims, rejecting ineffective assistance of trial counsel arguments under Str
• Parole Comm'n v. Cooper
  701 So. 2d 543· Fla.· 1997-09-25 ·cited 46×
  The Florida Supreme Court held that when an inmate serving concurrent sentences is released on conditional release for sentences covered under the Conditional Release Program Act, sentences not covered by the Act are not subject to conditional release supervision, and revocation
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×·via Writ Of Habeas Corpus
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because
• Kubat v. Thieret
  867 F.2d 351· 7th Cir.· 1989-01-24 ·cited 46×·via Habeas Corpus Petition
  The court affirmed the district court's denial of habeas corpus relief regarding the conviction, but affirmed the grant of relief regarding the death sentence.
• Sotelo v. Ind. State Prison & Linley E. Pearson
  850 F.2d 1244· 7th Cir.· 1988-06-29 ·cited 46×·via Habeas Corpus Petition
  The court's opinion, which the author concurs with, applies de novo appellate review to the ultimate issue of confession voluntariness. However, the author argues this approach is incorrect.
• Kennedy v. Louie L. Wainwright
  483 So. 2d 424· Fla.· 1986-02-12 ·cited 46×
  Edward Kennedy, a death row inmate, petitioned for habeas corpus relief challenging his capital convictions and death sentences on grounds that prospective jurors opposed to capital punishment were unconstitutionally excluded from his jury, and that he received ineffective assist
• Nutall v. Greer
  764 F.2d 462· 7th Cir.· 1985-06-11 ·cited 46×·via Habeas Corpus Petition
  A convicted state prisoner who fails to seek leave to appeal to the highest state court waives constitutional objections unless they show cause for the default and prejudice from the alleged infirmities.
• United States ex rel. Raymond Burke v. Greer
  756 F.2d 1295· 7th Cir.· 1985-03-13 ·cited 46×·via Habeas Corpus Petition
  The court held that the prosecutor's repeated indirect references to the defendants' failure to testify were constitutionally impermissible and not harmless error, requiring a new trial.
• Thomas v. A.L. Lockhart
  738 F.2d 304· 8th Cir.· 1984-07-05 ·cited 46×
  The court held that the defendant did not receive effective assistance of counsel, and therefore his guilty plea was not voluntary, knowing, and intelligent.