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

• Pinkerton v. Steele
  181 F.2d 536· 8th Cir.· 1950-04-26 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a district court cannot entertain a petition for a writ of habeas corpus if the petitioner has not first applied to the sentencing court for vacation of the sentence under 28 U.S.C.A. § 2255.
• Tucker v. Howard
  177 F.2d 494· 7th Cir.· 1949-10-26 ·cited 4×·via Habeas Corpus Proceedings
  The court held that the district court erred by failing to make specific findings of fact and conclusions of law when denying petitions for writs of habeas corpus, especially given the contradictory testimony.
• Commack v. Bush
  175 F.2d 128· 6th Cir.· 1949-06-02 ·cited 4×
  The court held that the appellant failed to exhaust state remedies and his petition for habeas corpus did not state a cause of action.
• Flick v. Johnson
  174 F.2d 983· D.C. Cir.· 1949-05-11 ·cited 4×
  The court held that the tribunal that tried and sentenced the petitioner was not a tribunal of the United States, and therefore the District Court lacked the power to review its judgment.
• Gault v. Burford
  173 F.2d 813· 10th Cir.· 1949-03-28 ·cited 4×
  The trial court's judgment, based on according weight to the state court's due process adjudication, is affirmed.
• United States ex rel. Adams v. Ragen
  172 F.2d 693· 7th Cir.· 1949-02-17 ·cited 4×·via Habeas Corpus Petition
  The court held that a petitioner's voluntary and intelligent guilty plea, even without counsel of choice, does not violate due process under the Fourteenth Amendment, and that the trial court's refusal to grant a continuance was not error given competent representation.
• Flynn v. United States
  172 F.2d 12· 9th Cir.· 1949-01-10 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the indictments were sufficient and that the evidence supported the conviction for perjury, as the defendant's testimony denying a prior conviction was demonstrably false.
• Bauer v. Watkins
  171 F.2d 492· 2d Cir.· 1948-12-02 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the alien should not be deported under the Act of 1798 on the ground that he is a German citizen, and the writ should be sustained on the record as it stands, but allowed for a retrial if the respondent desires.
• Houvardas v. Wixon
  169 F.2d 980· 9th Cir.· 1948-09-28 ·cited 4×
  The court held that an alien ordered deported under the Act of February 5, 1917, is deportable immediately upon release from confinement, even if parole is granted, and the availability of a future pardon does not preclude deportation.
• Mart v. Lainson
  169 F.2d 1016· 8th Cir.· 1948-09-27 ·cited 4×·via Writ Of Habeas Corpus
  Federal courts will not ordinarily re-examine questions adjudicated on the merits by state courts, even after exhaustion of state remedies, unless exceptional circumstances of peculiar urgency are shown.
• Griffin v. Clemmer
  D.D.C.· 1948-07-19 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the prosecutor's failure to disclose the presence of a knife did not prejudice the appellant's trial, as the evidence did not support his self-defense claim.
• Askins v. Overholser
  170 F.2d 815· D.C. Cir.· 1948-05-24 ·cited 4×
  The court held that the appellant's motion for reconsideration and leave to proceed in forma pauperis should be denied because the District Court's certification that the appeal was not taken in good faith was warranted, and this court cannot settle the record.
• State v. Sullivan
  160 Fla. 115· Fla.· 1948-02-03 ·cited 4×·via Writ Of Habeas Corpus
  Robert James Carroll petitioned for habeas corpus challenging his commitment for civil contempt for non-payment of alimony, arguing the commitment order was vague and violated due process. The Florida Supreme Court held that contempt orders in family matters could be reviewed by
• United States ex rel. Knauer v. Jordan
  158 F.2d 337· 7th Cir.· 1946-11-30 ·cited 4×·via Habeas Corpus Petition
  A petitioner cannot collaterally attack a prior denaturalization judgment, and fraudulent acquisition of citizenship and lack of attachment to U.S. principles preclude an alien from asserting rights to remain in the United States.
• Ex parte Jordan
  158 F.2d 401· D.C. Cir.· 1946-11-12 ·cited 4×
  A trial court has the discretion to deny a second petition for a writ of habeas corpus if it is based on the same allegations as a prior petition and presents no new evidence of a changed mental state.
• Johnston v. McDONALD
  157 F.2d 275· 9th Cir.· 1946-08-30 ·cited 4×
  The court held that the petition for a writ of habeas corpus should have been denied because the attached depositions showed that the petitioner was not denied the assistance of counsel.
• United States ex rel. Karpathiou v. Jordan
  153 F.2d 810· 7th Cir.· 1946-02-18 ·cited 4×
  The court held that the prior decision denying habeas corpus relief was controlling, and the district court properly dismissed the current petition.
• Bauman v. Hunter
  150 F.2d 449· 10th Cir.· 1945-06-25 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the sufficiency of an indictment is not open to challenge on habeas corpus when the court has jurisdiction over the offense and the person.
• Mason v. Smith
  148 F.2d 894· 9th Cir.· 1945-04-06 ·cited 4×
  The court held that the petitioner's application for a certificate of probable cause was properly denied because the issue had already been adjudicated and state remedies were not exhausted.
• De Jordan v. Hunter
  145 F.2d 287· 10th Cir.· 1944-10-19 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petitioner failed to establish he did not competently and intelligently waive his constitutional right to counsel.
• McMULLEN v. Squier
  144 F.2d 703· 9th Cir.· 1944-08-12 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a habeas corpus petition cannot serve as a late appeal and that the conviction was valid based on sufficient evidence, even if a presumption was improperly used.
• Rutkowski v. ST. Sure
  143 F.2d 715· 9th Cir.· 1944-06-30 ·cited 4×
  The court held that the petition for writ of mandamus should be denied because the habeas corpus petition was properly filed with the district court and assigned to Judge Goodman, and the petitioner waived any objection to jurisdiction by proceeding without objection.
• Kuczynski v. COX
  141 F.2d 321· 8th Cir.· 1944-03-16 ·cited 4×
  The court held that a mentally incompetent prisoner is not entitled to good time deductions and that the indictment was valid and the guilty plea was knowingly entered.
• Albert ex rel. Ravin v. Goguen
  141 F.2d 302· 1st Cir.· 1944-03-14 ·cited 4×·via Writ Of Habeas Corpus
  A federal court may deny a petition for a writ of habeas corpus when the petitioner is in custody awaiting trial for violating the Selective Training and Service Act, as the custody is lawful under precedent.
• Widmer v. Johnston
  136 F.2d 416· 9th Cir.· 1943-06-11 ·cited 4×·via Writ Of Habeas Corpus
  The court affirmed the denial of the writ of habeas corpus, finding that the appellant was not denied his constitutional right to counsel and that his guilty pleas were voluntary.
• Espino v. Wixon
  136 F.2d 96· 9th Cir.· 1943-05-27 ·cited 4×
  The court held that a petitioner claiming U.S. citizenship, supported by evidence, is entitled to a judicial trial on that claim when facing deportation.
• The State of Fla. ex rel. Jesse Cohen v. Wingate
  85 Fla. 42· Fla.· 1923-01-10 ·cited 4×·via Writ Of Habeas Corpus
  Jesse Cohen petitioned for habeas corpus claiming wrongful detention by the Sheriff of Manatee County after his criminal trial was continued. The Florida Supreme Court held that while the bond amount may have been excessive, Cohen was not entitled to discharge without bail, and t
• Ex parte Edmondson
  68 Fla. 53· Fla.· 1914-06-30 ·cited 4×·via Writ Of Habeas Corpus
  In this habeas corpus proceeding, the Florida Supreme Court discharged petitioners who were held in contempt for causing executions to be levied on logs that had already been sold and delivered by a court-appointed receiver to a purchaser. The court held that levying executions o
• Ex parte Robert W. White. On Petition for a Mandamus
  4 Fla. 165· Fla.· 1851-01-01 ·cited 4×·via Writ Of Habeas Corpus
  The Florida Supreme Court considered whether it had original jurisdiction to issue a writ of mandamus. The Court held that its original jurisdiction is limited to issuing certain remedial writs to maintain general superintendence and control over other courts, and not for general
• McMillian v. Dixon
  2022 WL 17668456· N.D. Fla.· 2026-02-06 ·cited 3×·via Habeas Corpus Petition
  Anthony McMillian's 28 U.S.C. §2254 habeas corpus petition was dismissed as untimely. The district court adopted the magistrate judge's recommendation that the petition failed to comply with the statute of limitations, which began running at the end of the 30-day period for seeki
• Marquetti v. Sec'y, Dep't of Corr. (Hillsborough County)
  2021 WL 1853655· M.D. Fla.· 2025-08-18 ·cited 3×
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, as it was filed years after the one-year limitation period expired, and equitable tolling or actual innocence exceptions did not apply.
• Lorusso v. State
  2025 WL 1592302· N.D. Fla.· 2025-06-30 ·cited 3×
  The court held that the petition for writ of habeas corpus should be dismissed as duplicative of a pending petition.
• Leach v. State
  406 So. 3d 272· Fla. 3d DCA· 2025-01-02 ·cited 3×·via Writ Of Habeas Corpus
  A habeas corpus petition based on claimed manifest injustice in a 1985 conviction does not qualify for relief absent circumstances falling within the narrow category of manifest injustice exceptions.
• Griffin v. Sec'y, Dep't of Corr.
  2024 WL 964197· M.D. Fla.· 2024-10-21 ·cited 3×
  The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because he failed to demonstrate entitlement to equitable tolling.
• Sweet v. Dixon
  2023 WL 7110349· N.D. Fla.· 2024-08-19 ·cited 3×
  A district court lacks jurisdiction to consider a second or successive § 2254 petition unless the petitioner has first obtained authorization from the appropriate appellate court.
• Bowen v. Sec'y, Fla. Dep't of Corr.
  92 F.4th 1328· 11th Cir.· 2024-02-15 ·cited 3×·via Habeas Corpus Petition
  The Eleventh Circuit held that the district court erred in granting habeas relief because reasonable jurists could disagree on whether placing the suspect in a room with another suspect constituted interrogation under Miranda, thus the state court's decision was not an unreasonab
• Forbes v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-03-28 ·cited 3×
  The district court dismissed the petition for writ of habeas corpus because it was second or successive and the petitioner failed to obtain authorization from the Eleventh Circuit to file it.
• N.H. v. State
  358 So. 3d 477· Fla. 5th DCA· 2023-03-27 ·cited 3×
  There was sufficient probable cause to find that a minor violated Florida Statute 836.10(2)(a) by placing a written threat to kill on her desk in a public school classroom in plain view of a teacher. The statute prohibits sending, posting, or transmitting a written threat in any
• Alcazar v. State
  Fla. 3d DCA· 2023-03-08 ·cited 3×
  The court considered whether a defendant's actions in soliciting a hitman, providing victim information, and making a down payment constituted an overt act sufficient for attempted first-degree murder. The court held that these actions did rise to the level of overt acts, disting
• Lagerstrom v. Sec'y Dep't of Corr.
  2020 WL 905234· S.D. Fla.· 2023-02-17 ·cited 3×
  The court adopted the Magistrate Judge's report and recommendation, denying the petition for a writ of habeas corpus.
• Brown v. United States
  2022 WL 3544312· S.D. Fla.· 2023-02-16 ·cited 3×
  The court held that a petitioner must exhaust administrative remedies with the Bureau of Prisons before filing a § 2241 petition, even if on supervised release.
• Blackmon v. Sec'y, Dep't of Corr.
  34 F.4th 1014· 11th Cir.· 2022-05-19 ·cited 3×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The Eleventh Circuit affirmed the district court's denial of Blackmon's habeas petition, finding no violation of clearly established federal law regarding ineffective assistance of counsel.
• Morgan v. Warden, FCC Coleman - Low
  2020 WL 6731234· M.D. Fla.· 2022-04-15 ·cited 3×
  The court held that a federal inmate cannot use a § 2241 petition to challenge the validity of his sentence when the narrow grounds for such a challenge are not met.
• Cleve Alexis Frederick v. State
  301 So. 3d 354· Fla. 2d DCA· 2021-05-21 ·cited 3×
  The appellate court reviewed a trial court's order denying a motion to modify bail conditions, specifically GPS monitoring costs. The court converted the petition to a writ of habeas corpus and ultimately denied relief, finding no abuse of discretion by the trial court.
• Brown v. State
  316 So. 3d 743· Fla. 3d DCA· 2021-02-17 ·cited 3×
  The Florida Third District Court of Appeal affirmed the lower court's decision, holding that a petition for a writ of habeas corpus cannot be used as a substitute for post-conviction relief motions under Florida Rules of Criminal Procedure.
• Davis v. Lane
  M.D. Fla.· 2020-12-14 ·cited 3×
  The court denied the motion for reconsideration because the petitioner failed to present newly discovered evidence or demonstrate manifest errors of law or fact, and his claim for transfer to home confinement is not cognizable under 28 U.S.C. § 2241.
• Banks v. Desantis
  2020 WL 4464717· S.D. Fla.· 2020-08-10 ·cited 3×
  A federal district court lacks jurisdiction over a habeas corpus petition filed under 28 U.S.C. § 2241 if the petitioner is not confined within that district.
• Shavis Johnson v. State
  277 So. 3d 123· Fla. 4th DCA· 2019-05-01 ·cited 3×
  Defendant Shavis Johnson petitioned for habeas corpus challenging revocation of his pretrial bond in two 2018 cases after his arrest on new charges in 2019. The trial court revoked his bond despite a first appearance judge's earlier decision not to revoke it. The court held that
• Flaherty v. State
  266 So. 3d 1187· Fla. 4th DCA· 2019-03-27 ·cited 3×
  Appellate counsel is ineffective when failing to raise on direct appeal a trial court's failure to conduct a competency hearing after ordering a competency evaluation, which constitutes fundamental error.
• Rangel v. State
  260 So. 3d 578· Fla. 3d DCA· 2019-01-25 ·cited 3×·via Habeas Corpus Petition
  A trial court must accept a defendant's written waiver of presence and cannot issue an alias capias and estreature of bond to compel attendance when such waiver is properly submitted.