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

• Hart v. Respondent-Appellee
  449 F.2d 183· 5th Cir.· 1971-10-01 ·cited 42×
  The court held that a prisoner is entitled to credit for time spent in jail pending direct appeal, and may be entitled to credit for pre-trial detention if indigency was the cause of inability to make bail.
• United States ex rel. Robert Williams v. Hon. Daniel McMANN
  436 F.2d 103· 2d Cir.· 1970-12-07 ·cited 42×
  A longer sentence imposed after a defendant withdraws a guilty plea and is convicted of a more serious original charge is not unconstitutional, even if the original plea bargain contemplated a lighter sentence.
• Vance v. State OF N.C.
  432 F.2d 984· 4th Cir.· 1970-10-05 ·cited 42×·via Habeas Corpus Petition
  The court held that the Sixth Amendment right to counsel extends to preliminary hearings, but affirmed the dismissal of claims regarding an unduly suggestive lineup and the admission of evidence seized incident to an arrest under an invalid warrant.
• Thaddeus King, Jr. v. Beto
  429 F.2d 221· 5th Cir.· 1970-07-06 ·cited 42×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner was denied effective assistance of counsel, violating his Sixth and Fourteenth Amendment rights.
• United States ex rel. Anthony Bruno v. Ross E. Herold, M.D.
  408 F.2d 125· 2d Cir.· 1969-02-14 ·cited 42×·via Habeas Corpus Petition
  The court held that the petitioner was not denied his constitutional right to a public trial because the partial exclusion of spectators was a reasonable exercise of judicial discretion to protect a witness and ensure an orderly trial, and any potential issue was waived by counse
• Martin v. Commonwealth OF Va.
  349 F.2d 781· 4th Cir.· 1965-08-05 ·cited 42×
  A prisoner denied parole eligibility due to subsequent convictions is considered 'in custody' for federal habeas corpus purposes, allowing a collateral attack on those convictions.
• Petition of Joseph Ernst for a Writ of Habeas Corpus
  294 F.2d 556· 3d Cir.· 1961-08-31 ·cited 42×·via Habeas Corpus Petition
• Pagan v. State
  29 So. 3d 938· Fla.· 2009-10-01 ·cited 41×
  Alex Pagan appeals the trial court's denial of his motion to vacate death sentences for two first-degree murders committed in 1993, raising claims of Brady violations, ineffective assistance of counsel regarding mitigation evidence, and prosecutorial misconduct. The Florida Supre
• Derrick v. State
  983 So. 2d 443· Fla.· 2008-02-07 ·cited 41×
  Samuel Jason Derrick was convicted of first-degree murder and sentenced to death for the 1987 killing of Rama Sharma. In this postconviction proceeding, the Florida Supreme Court affirmed the denial of Derrick's rule 3.850 motion for postconviction relief and rejected his petitio
• Belcher v. State
  961 So. 2d 239· Fla.· 2007-06-14 ·cited 41×·via Writ Of Habeas Corpus
  James Belcher appeals the circuit court's denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms
• Johnson v. State
  915 So. 2d 682· Fla. 3d DCA· 2005-11-02 ·cited 41×
  Earl Johnson, an incarcerated defendant convicted of multiple felonies in 1978, filed his twenty-fourth pro se post-conviction appeal challenging his conviction and sentence. The Third District Court of Appeal prohibited him from filing further pro se pleadings, finding that he h
• Elledge v. State
  911 So. 2d 57· Fla.· 2005-06-09 ·cited 41×
  William Duane Elledge, on death row for over 20 years following the 1974 murder of Margaret Anne Strack, appealed the trial court's denial of his Rule 3.850 postconviction relief motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the denial, reject
• Cooper v. State
  856 So. 2d 969· Fla.· 2003-06-26 ·cited 41×·via Writ Of Habeas Corpus
  Richard M. Cooper, sentenced to death for three murders in 1982, appealed the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial, finding a
• Burnice C. Baxley v. O'Neill
  825 So. 2d 406· Fla. 1st DCA· 2001-12-26 ·cited 41×
  The court held that the petitioner is not entitled to provisional credits because the offense was committed before the effective date of the amended statute.
• Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr.
  768 So. 2d 1257· Fla. 1st DCA· 2000-10-18 ·cited 41×·via Writ Of Habeas Corpus
  Lawrence Scott Andrews appeals the dismissal of his false imprisonment and negligence claims against the Florida Parole Commission and Department of Corrections. The court affirms dismissal, holding that the Commission acts in a quasi-judicial capacity entitled to judicial immuni
• Redner v. Dean
  29 F.3d 1495· 11th Cir.· 1994-08-26 ·cited 41×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Joseph Redner challenged the constitutionality of a Citrus County, Florida ordinance regulating adult entertainment establishments after being convicted of operating such a facility without a license. The district court granted Redner's habeas corpus petition, finding the ordinan
• Bryan v. Dugger
  641 So. 2d 61· Fla.· 1994-06-16 ·cited 41×·via Writ Of Habeas Corpus
  Anthony Bryan, convicted of robbery, kidnapping, and murder, challenged his death sentence through a Rule 3.850 motion and habeas corpus petition, arguing ineffective assistance of trial and appellate counsel and various constitutional violations in the sentencing process. The Fl
• Lightbourne v. State
  644 So. 2d 54· Fla.· 1994-06-16 ·cited 41×
  Ian Deco Lightbourne, a death row inmate, appeals the denial of postconviction relief based on Brady violations and alleged newly discovered evidence. The Florida Supreme Court affirmed the denial, holding that the withheld or late-discovered evidence regarding the State's relati
• Preston v. State
  564 So. 2d 120· Fla.· 1990-06-07 ·cited 41×
  Robert Preston appeals the denial of his motion to vacate his death sentence after his prior violent felony conviction (deadly missile) was vacated due to ineffective assistance of counsel. The Florida Supreme Court vacates the death sentence and remands for resentencing because
• Lusk v. Dugger
  890 F.2d 332· 11th Cir.· 1989-11-22 ·cited 41×·via Habeas Corpus Petition
  The court held that Lusk failed to demonstrate prejudice from counsel's performance at any stage of the trial and that the Florida courts did not unconstitutionally apply the jury override standard. The denial of relief as to the conviction is affirmed, the grant of relief as to
• Harris v. Pulley
  885 F.2d 1354· 9th Cir.· 1988-07-08 ·cited 41×·via Habeas Corpus Petition
  The court held that the extensive pretrial publicity did not create a presumption of prejudice and that the voir dire examination demonstrated the jury was impartial, thus denying the claim of a violation of the right to a fair trial.
• Burkett v. Cunningham
  826 F.2d 1208· 3d Cir.· 1987-07-10 ·cited 41×·via Writ Of Habeas Corpus
  The majority erred in ordering the discharge of convictions based on a flawed 'law of the case' finding of prejudice from sentencing delay.
• Bundy v. State
  497 So. 2d 1209· Fla.· 1986-11-17 ·cited 41×
  The court held that the appellant's claims for post-conviction relief and stay of execution were without merit and procedurally barred, and denied the petition for writ of habeas corpus.
• Wilburn Dobbs v. Kemp
  790 F.2d 1499· 11th Cir.· 1986-05-21 ·cited 41×·via Habeas Corpus Petition
  The court held that while the trial court's jury instruction impermissibly shifted the burden of proof on intent, the error was harmless beyond a reasonable doubt due to overwhelming evidence of intent. The court also affirmed the reliability of witness identifications despite su
• Darden v. Louie L. Wainwright
  699 F.2d 1031· 11th Cir.· 1983-02-14 ·cited 41×·via Habeas Corpus Proceedings
• Askari Abdullah Muhammad v. State
  426 So. 2d 533· Fla.· 1982-12-16 ·cited 41×
  Muhammad appealed the denial of his Rule 3.850 motion to vacate his capital murder conviction and death sentence, claiming ineffective assistance of trial counsel. The Florida Supreme Court affirmed the denial without an evidentiary hearing, finding that the motion and case recor
• Houston Earl Mays v. Balkcom
  631 F.2d 48· 5th Cir.· 1980-11-19 ·cited 41×·via Habeas Corpus Petition
• Davis v. Campbell
  608 F.2d 317· 8th Cir.· 1979-11-02 ·cited 41×
  The court held that claims not exhausted in state courts must be remanded for dismissal, while claims previously decided on direct appeal and found not to raise constitutional issues are affirmed.
• Corpus v. Beto
  469 F.2d 953· 5th Cir.· 1972-11-24 ·cited 41×
  The court held that the district court's findings were not clearly erroneous and that the petitioner failed to prove the prosecution knowingly used false testimony or suppressed favorable evidence.
• Cates v. Ciccone
  422 F.2d 926· 8th Cir.· 1970-03-19 ·cited 41×
  The court held that a prisoner's pro se petition for a writ of habeas corpus was properly denied as it did not present exceptional circumstances requiring a hearing or appointment of counsel.
• Rowley v. United States
  191 F.2d 949· 8th Cir.· 1951-10-31 ·cited 41×·via Writ Of Habeas Corpus
  The court held that a motion to vacate a sentence cannot be used as a substitute for an appeal, and the sufficiency of an information is not open to collateral attack after conviction unless exceptional circumstances exist.
• Stonebreaker v. Smyth
  163 F.2d 498· 4th Cir.· 1947-08-20 ·cited 41×
  The court held that a federal district court should not grant habeas corpus relief when state courts have previously denied relief on the merits and the Supreme Court has denied certiorari, unless state remedies are inadequate.
• Frederick v. Rowe
  105 Fla. 193· Fla.· 1932-04-19 ·cited 41×·via Writ Of Habeas Corpus
  This case concerns whether a writ of prohibition can be used to stop a habeas corpus proceeding. The Florida Supreme Court held that while a circuit court has jurisdiction to issue a writ of habeas corpus, its inquiry is limited when the petitioner is convicted of a felony, and p
• Kopsho v. State
  209 So. 3d 568· Fla.· 2017-01-19 ·cited 40×
  William Kopsho appeals his death sentence in a first-degree murder case after the U.S. Supreme Court's decision in Hurst v. Florida invalidated Florida's capital sentencing scheme. The Florida Supreme Court vacates Kopsho's death sentence and remands for a new penalty phase, find
• Hendrix v. State
  908 So. 2d 412· Fla.· 2005-07-07 ·cited 40×·via Writ Of Habeas Corpus
  Robert Eugene Hendrix, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and filed a habeas corpus petition challenging his conviction and death sentence for two first-degree murders committed to silence a witness. The Florida Supreme Court affirmed
• Ortiz v. State
  905 So. 2d 1016· Fla. 2d DCA· 2005-07-01 ·cited 40×
  Ortiz petitioned for relief alleging his appellate counsel was ineffective for failing to argue that a jury instruction on justifiable use of deadly force constituted fundamental error in his aggravated battery conviction. The court granted the petition and allowed a belated appe
• Collins v. State
  859 So. 2d 1244· Fla. 5th DCA· 2003-11-14 ·cited 40×
  Calvin Collins, an inmate in Georgia, filed a pro se petition for writ of habeas corpus in a Florida trial court challenging his 1996 guilty plea to cocaine possession on grounds of ineffective assistance of counsel and involuntariness of the plea. The court affirmed the denial o
• Mayes v. Moore
  827 So. 2d 967· Fla.· 2002-09-19 ·cited 40×
  The court held that petitioners are not entitled to relief because the conditional release statute is not a recidivist statute requiring prior notice, the Parole Commission's authority does not violate separation of powers, the statute is not a bill of attainder, and the forfeitu
• Flint v. State
  704 So. 2d 681· Fla. 2d DCA· 1997-12-17 ·cited 40×·via Habeas Corpus Petition
• Johnston v. Dugger
  583 So. 2d 657· Fla.· 1991-06-20 ·cited 40×·via Writ Of Habeas Corpus
  David Eugene Johnston, sentenced to death for strangling an 84-year-old woman, appeals the denial of his motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief and rejects his habeas petition, findin
• Brown v. Rison
  895 F.2d 533· 9th Cir.· 1990-01-23 ·cited 40×
  The Bureau of Prisons' interpretation that time spent in a rehabilitation center under bail is not creditable as jail time is reasonable and entitled to deference.
• Burt Beavers v. A.L. Lockhart
  755 F.2d 657· 8th Cir.· 1985-02-25 ·cited 40×·via Habeas Corpus Petition
  The court held that a habeas petitioner's claim of ineffective assistance of counsel for failing to challenge the consecutive sentencing decision on appeal warrants an evidentiary hearing, as the record did not demonstrate the trial judge exercised discretion in imposing consecut
• Ryder v. Morris
  752 F.2d 327· 8th Cir.· 1985-01-11 ·cited 40×·via Habeas Corpus Petition
  The court held that the defendant's Fourth Amendment claim was barred from federal habeas review under Stone v. Powell, but remanded for a hearing on the defendant's challenge to the legality of his sentence based on an erroneous presentence report.
• Hill v. A.L. Lockhart
  731 F.2d 568· 8th Cir.· 1984-04-09 ·cited 40×
  The court should remand for an evidentiary hearing to determine if the attorney's misadvice on parole eligibility constituted ineffective assistance of counsel, inducing the guilty plea.
• Zygadlo v. Louie L. Wainwright
  720 F.2d 1221· 11th Cir.· 1983-12-02 ·cited 40×
  The court held that the trial judge did not abuse his discretion in ordering the defendant to wear leg shackles during trial, as the decision was supported by the defendant's prior escape attempt and the judge's consideration of security needs.
• Pickens v. A.L. Lockhart
  714 F.2d 1455· 8th Cir.· 1983-08-12 ·cited 40×·via Habeas Corpus Petition
  The court held that the defendant's counsel provided ineffective assistance during the penalty phase of his trial by failing to present mitigating evidence, violating the Sixth and Fourteenth Amendments.
• McCARTHY v. Manson
  714 F.2d 234· 2d Cir.· 1983-08-09 ·cited 40×
  The court held that the state waived its right to raise the speedy trial exhaustion issue by failing to object to the magistrate's recommendation and consenting to the entry of judgment.
• Weathersby v. Morris
  708 F.2d 1493· 9th Cir.· 1983-06-24 ·cited 40×·via Habeas Corpus Petition
  The prosecutor's use of peremptory challenges to exclude black persons from the petit jury, based on permissible trial-related considerations, did not violate the defendant's Fourteenth or Sixth Amendment rights.
• Coleman v. Zant
  708 F.2d 541· 11th Cir.· 1983-06-10 ·cited 40×·via Habeas Corpus Petition
  The court held that the petitioner is entitled to an evidentiary hearing on the issue of whether pretrial publicity and community atmosphere were so prejudicial as to deny him a fair trial, and that the district court erred in denying discovery and a hearing.
• Wardell Riley v. State
  433 So. 2d 976· Fla.· 1983-06-03 ·cited 40×
  Wardell Riley, convicted of two murders and assault, appealed the trial court's denial of his motion to vacate his death sentence. The Florida Supreme Court affirmed the denial, rejecting Riley's claims of improper jury instructions, ineffective assistance of counsel, arbitrary a