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

• Buchanan v. State of Fla. & Nathan Mayo
  111 So. 2d 51· Fla. 1st DCA· 1959-04-21 ·cited 44×
  Edward Buchanan petitioned for habeas corpus challenging his convictions and 20-year consecutive sentences for lewd and lascivious conduct with a 13-year-old girl under Florida's Child Molester Act. The appellate court upheld the dismissal of his habeas petition but reversed and
• Moss v. Hunter
  167 F.2d 683· 10th Cir.· 1948-04-26 ·cited 44×·via Habeas Corpus Petition
  A petitioner is not deprived of effective assistance of counsel merely because he later believes the representation was ineffective, and the trial court correctly found the petitioner understood the charges and his capacity to defend.
• Ashley v. Pescor
  147 F.2d 318· 8th Cir.· 1945-01-08 ·cited 44×
  A prior adjudication of insanity, not directly challenged or overturned, constitutes prima facie evidence of incompetence and, if uncontradicted, renders a subsequent conviction void, entitling the petitioner to discharge via habeas corpus.
• Wickham v. State
  124 So. 3d 841· Fla.· 2013-05-02 ·cited 43×·via Writ Of Habeas Corpus
  Jerry Michael Wickham, convicted of first-degree murder and sentenced to death in 1986, appeals the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the deni
• Thompson v. State
  88 So. 3d 312· Fla. 4th DCA· 2012-05-02 ·cited 43×·via Habeas Corpus Proceedings
  The Fourth District Court of Appeal affirmed the summary denial of Charles Thompson's Rule 3.850 postconviction motion seeking relief based on claims of ineffective assistance of counsel regarding his trial competency. The court clarified the legal standards distinguishing betwee
• Jones v. Butler
  864 F.2d 348· 5th Cir.· 1988-12-21 ·cited 43×·via Habeas Corpus Petition
  A contemporaneous objection to the use of peremptory challenges to exclude jurors based on race is a necessary predicate for later raising a Batson claim, even in federal habeas corpus proceedings.
• Doyle v. State
  526 So. 2d 909· Fla.· 1988-06-23 ·cited 43×·via Writ Of Habeas Corpus
  Daniel Lee Doyle, a death row inmate, sought a writ of habeas corpus and review of the denial of his 3.850 motion for post-conviction relief on claims including Caldwell impropriety, ineffective assistance of counsel, interrogation violations, and execution of the mentally retard
• Wardell Riley v. Louie L. Wainwright
  517 So. 2d 656· Fla.· 1987-09-03 ·cited 43×·via Writ Of Habeas Corpus
  Florida Supreme Court granted habeas corpus relief to a death row inmate, Wardell Riley, finding that his 1976 jury sentencing recommendation violated Lockett v. Ohio because the jury was improperly restricted to considering only statutory mitigating factors rather than all relev
• Fallada v. Dugger
  819 F.2d 1564· 11th Cir.· 1987-06-24 ·cited 43×·via Habeas Corpus Petition
  The court held that the defendant's due process rights were not violated by the failure to hold an additional competency hearing during trial, the evidence was sufficient to support the robbery conviction, the prosecutor's comments did not deny a fair trial, and convictions for f
• Peter v. VAN Tassel
  486 So. 2d 528· Fla.· 1986-02-27 ·cited 43×
  The Florida Supreme Court held that a probation order conditioning incarceration as a requirement entitles the defendant to earn gain time credit under the gain time statutes, treating the incarceration period as a sentence. This resolved conflicting lower court decisions that ha
• Chaney v. Brown
  730 F.2d 1334· 10th Cir.· 1984-03-21 ·cited 43×·via Habeas Corpus Petition
  The court held that the withheld exculpatory evidence, while not affecting the murder conviction, might have influenced the jury's decision to impose the death penalty, thus violating due process.
• Baldwin v. Maggio
  704 F.2d 1325· 5th Cir.· 1983-05-16 ·cited 43×·via Habeas Corpus Petition
  The court held that the petitioner's claims of ineffective assistance of counsel, both at the guilt and sentencing phases, were without merit because the alleged deficiencies did not demonstrate actual, substantial prejudice to the defense.
• Quinton Bowen v. State OF Tenn.
  698 F.2d 241· 6th Cir.· 1983-01-14 ·cited 43×
• United States ex rel. Dominick Caruso v. Zelinsky
  689 F.2d 435· 3d Cir.· 1982-09-22 ·cited 43×·via Habeas Corpus Petition
  The court held that a state prisoner's procedural default in failing to raise claims within state time limits requires a showing of cause and prejudice for federal habeas corpus relief, and remanded for factual findings on whether Caruso demonstrated cause and prejudice.
• Dietz v. Warden
  640 F.2d 126· 8th Cir.· 1981-01-30 ·cited 43×
  A jury instruction creating a burden-shifting presumption of intent violates due process and requires federal habeas relief, even if not objected to at trial, provided the petitioner can show cause for the failure to object.
• Murphy v. Beto
  416 F.2d 98· 5th Cir.· 1969-09-26 ·cited 43×
  The Fifth Circuit affirmed the district court's denial of habeas corpus relief, finding no federal constitutional grounds for the petitioner's claims.
• Rosin v. Anderson
  155 Fla. 673· Fla.· 1945-03-06 ·cited 43×·via Writ Of Habeas Corpus
  The court held that the information failed to charge any offense against the accused, thus entitling him to discharge.
• State of Fla. ex rel. Helen D. Perky v. Jefferson B. Browne
  105 Fla. 631· Fla.· 1932-06-06 ·cited 43×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a circuit court in one judicial circuit lacks jurisdiction to discharge a person detained under a writ of ne exeat properly issued by a circuit court in another judicial circuit through habeas corpus proceedings, unless the original writ is voi
• Diaz v. State
  132 So. 3d 93· Fla.· 2013-11-21 ·cited 42×·via Writ Of Habeas Corpus
  Joel Diaz appeals the denial of his motion to vacate his death sentence for first-degree murder and his motion claiming ineligibility for execution due to mental retardation. The Florida Supreme Court affirmed the postconviction court's rejection of multiple claims of juror misco
• Reynolds v. State
  99 So. 3d 459· Fla.· 2012-09-27 ·cited 42×
  Michael Gordon Reynolds appeals denial of his motion to vacate convictions for first-degree murder of Robin and Christina Razor and sentences of death, and petitions for writ of habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief, rejecting his cl
• Morton v. State
  995 So. 2d 233· Fla.· 2008-08-28 ·cited 42×
  Alvin Morton appeals the denial of his Rule 3.851 motion for postconviction relief and habeas petition following his convictions for two first-degree murders and death sentences. The Florida Supreme Court affirms, rejecting claims of ineffective assistance of trial and appellate
• State v. Larzelere
  979 So. 2d 195· Fla.· 2008-02-28 ·cited 42×·via Writ Of Habeas Corpus
  Virginia Larzelere was convicted of murdering her husband and sentenced to death. The Florida Supreme Court affirmed the denial of her motion to vacate her conviction but affirmed the trial court's grant of a new sentencing proceeding, finding that her trial counsel provided inef
• S.B. v. Dep't OF Child. & Families
  851 So. 2d 689· Fla.· 2003-07-10 ·cited 42×·via Writ Of Habeas Corpus
  In civil dependency proceedings that do not involve the possibility of criminal charges or permanent termination of parental rights, there is no constitutional right to counsel, and thus no right to collaterally challenge the effectiveness of court-appointed counsel.
• Roberts v. State
  840 So. 2d 962· Fla.· 2002-12-05 ·cited 42×
  Rickey Bernard Roberts appeals the denial of postconviction relief and cross-appeals concerning a new sentencing proceeding granted after trial judge Harold Solomon improperly allowed the prosecutor to draft his death penalty sentencing order and engaged in ex parte communication
• Medina v. State
  690 So. 2d 1241· Fla.· 1997-02-10 ·cited 42×
  Pedro Medina, a death row inmate, appealed the denial of his motion for competency determination prior to execution. The Florida Supreme Court reversed and remanded for an evidentiary hearing under Rule 3.812 because conflicting expert opinions (three experts stating competency,
• Rogers v. Singletary
  698 So. 2d 1178· Fla.· 1996-11-27 ·cited 42×·via Writ Of Habeas Corpus
  Jerry Layne Rogers petitioned for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a Faretta self-representation claim on direct appeal. The Florida Supreme Court denied the petition, holding that the trial court properly inquired into Roge
• Roberts v. State
  678 So. 2d 1232· Fla.· 1996-06-06 ·cited 42×
  Rickey Bernard Roberts, a death row inmate, appealed the trial court's denial of his second motion for postconviction relief. The Florida Supreme Court found that while most of Roberts' claims were procedurally barred or without merit, two issues required remand to the trial cour
• Frey v. Fulcomer
  974 F.2d 348· 3d Cir.· 1992-08-20 ·cited 42×·via Habeas Corpus Petition
  The dissenting judge holds that the defendant's counsel's reliance on an unconstitutional statute during the penalty phase constituted ineffective assistance, creating a reasonable probability of a different outcome and thus prejudice under Strickland v. Washington.
• Marek v. Dugger
  547 So. 2d 109· Fla.· 1989-05-11 ·cited 42×
  The court held that the trial court properly denied Marek's motion to vacate judgment and sentence and his petition for habeas corpus relief.
• Williams v. Lane
  826 F.2d 654· 7th Cir.· 1987-08-13 ·cited 42×
  The court held that the Illinois Appellate Court's determination of procedural default was not based on an independent and adequate state procedural ground, thus allowing federal habeas review.
• Miller v. Henman
  804 F.2d 421· 7th Cir.· 1986-10-31 ·cited 42×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  Internal Bureau of Prisons policies and procedures, not promulgated as formal rules under the Administrative Procedure Act, do not create a constitutionally protected liberty or property interest for prisoners regarding their place of confinement or classification.
• Cartee v. Crispus NIX
  803 F.2d 296· 7th Cir.· 1986-10-08 ·cited 42×·via Habeas Corpus Petition
  The court held that petitioners failed to establish cause and prejudice for their procedural defaults in state court regarding jury instructions and that their claims of ineffective assistance of counsel lacked merit.
• Steinhorst v. Louie L. Wainwright
  477 So. 2d 537· Fla.· 1985-09-26 ·cited 42×
  Walter Steinhorst, a death row inmate, petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The Florida Supreme Court denied the petition, holding that appellate counsel's failure to raise certain issues on direct appeal did not constitute ineffectiv
• Griffin v. Louie L. Wainwright
  760 F.2d 1505· 11th Cir.· 1985-05-10 ·cited 42×
  The court held that the appellant did not receive ineffective assistance of counsel at any stage of the proceedings and that the district court did not err in denying an evidentiary hearing.
• Earnest Knighton, Jr. v. Maggio
  740 F.2d 1344· 5th Cir.· 1984-08-27 ·cited 42×·via Habeas Corpus Petition
  The court held that the petitioner did not receive ineffective assistance of counsel and denied his habeas corpus petition.
• Winfield C. Patterson v. Cuyler
  729 F.2d 925· 3d Cir.· 1984-03-13 ·cited 42×·via Habeas Corpus Petition
  The court held that the state court's findings regarding custody and the voluntariness of the waiver of Miranda rights were entitled to a presumption of correctness under 28 U.S.C. § 2254(d) and were supported by the record.
• Heirens v. Mizell
  729 F.2d 449· 7th Cir.· 1984-02-24 ·cited 42×
  The court reversed its prior holding in Welsh v. Mizell, finding that the application of Illinois parole criterion (2) to inmates who committed crimes before its enactment does not violate the ex post facto clause because prior parole boards already considered similar factors.
• Osborne v. Louie L. Wainwright
  720 F.2d 1237· 11th Cir.· 1983-12-05 ·cited 42×
  The court held that while federal courts do not typically review state evidentiary rulings, they must examine constitutional implications of evidence admission if it denies fundamental fairness. The case is remanded for consideration of whether the admission of photographs was of
• Messer v. State
  439 So. 2d 875· Fla.· 1983-10-12 ·cited 42×
  Charles Dwight Messer, Jr., a death row inmate, appealed the denial of post-conviction relief under Florida Rule 3.850 and petitioned for habeas corpus, claiming ineffective assistance of counsel and challenging his conviction and death sentence. The Florida Supreme Court affirme
• Johnson v. W.J. Estelle, Jr.
  704 F.2d 232· 5th Cir.· 1983-05-06 ·cited 42×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the claim of ineffective assistance of counsel without an evidentiary hearing, as the allegations, if true, could establish a constitutional violation.
• Hall v. State
  420 So. 2d 872· Fla.· 1982-10-05 ·cited 42×
  Freddie Lee Hall appealed the denial of his motion to vacate his death sentence for first-degree murder and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial and rejected Hall's claims of constitutional violations and ineffective
• United States v. Ferri
  686 F.2d 147· 3d Cir.· 1982-08-03 ·cited 42×
  The court held that the district court lacked jurisdiction to grant the Rule 35 motion as it was filed outside the 120-day time limit, and that mandamus was the appropriate remedy to review the jurisdictional issue. The court also found that the district court had jurisdiction to
• Jacks v. Duckworth
  651 F.2d 480· 7th Cir.· 1981-06-10 ·cited 42×
  The dissenting judge argues that the state trial court's use of Instruction No. 5 impermissibly shifted the burden of proof on an essential element of the crime, and the admission of the defendant's request to speak to a lawyer was prejudicial error.
• Williams v. State OF Mo.
  640 F.2d 140· 8th Cir.· 1981-02-05 ·cited 42×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus without a hearing, as the appellant's claims were unsupportable on the record and lacked merit.
• Dezso John Lokos v. Capps
  625 F.2d 1258· 5th Cir.· 1980-09-18 ·cited 42×·via Habeas Corpus Petition
  The court held that the Alabama trial court violated the petitioner's constitutional rights by failing to conduct an adequate inquiry into his competency to stand trial, and that the petitioner was in fact incompetent.
• Isadore Hodges, Jr. v. Rose
  570 F.2d 643· 6th Cir.· 1978-02-14 ·cited 42×·via Habeas Corpus Petition
  The admission of one defendant's redacted confession, which still implicitly implicated the codefendant, violated the Bruton rule, but the error was harmless beyond a reasonable doubt due to overwhelming independent evidence of guilt.
• James v. Reese
  546 F.2d 325· 9th Cir.· 1976-12-10 ·cited 42×
  The court affirmed the district court's dismissal of the habeas corpus petition because the petitioner failed to exhaust available state remedies for all claims raised.
• Ellis Eaton, Jr. v. Wyrick
  528 F.2d 477· 8th Cir.· 1975-12-31 ·cited 42×
  The court held that the petitioner failed to exhaust available state remedies for his claims, and the futility exception did not apply. A new claim based on a subsequently invalidated statute also requires initial presentation to state courts.
• Grasso v. Norton
  520 F.2d 27· 2d Cir.· 1975-06-23 ·cited 42×·via Habeas Corpus Proceedings
  The court held that the Parole Board's practices do not provide (a)(2) prisoners with as effective and meaningful parole consideration as other prisoners, failing to give sufficient weight to rehabilitation.
• Fixel v. Louie L. Wainwright
  492 F.2d 480· 5th Cir.· 1974-04-10 ·cited 42×
  The court held that the search of the shaving kit in the backyard was not incident to a lawful arrest and violated the Fourth Amendment.