7,512 Florida cases classified under this topic, plus 5,491 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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169 F.2d 1019·
3d Cir.·
1948-08-31
·cited 2×
The court held that the lower court erred in denying habeas corpus relief on one petition because the record did not sufficiently establish that the petitioner's waiver of counsel was competent and intelligent, given his age and the circumstances surrounding his plea. However, th
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165 F.2d 576·
7th Cir.·
1948-01-05
·cited 2×
A guilty plea obtained by trickery or coercion is invalid and does not waive the right to challenge the conviction.
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165 F.2d 249·
D.C. Cir.·
1947-12-29
·cited 2×
The court held that the petition for writ of habeas corpus, when amplified by the appellate brief, stated sufficient grounds to warrant further proceedings in the lower court.
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The court held that the petition for a writ of habeas corpus must be denied due to procedural deficiencies and lack of merit.
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163 F.2d 732·
3d Cir.·
1947-09-16
·cited 2×
The court held that the sentencing judge's recommendation against deportation, made pursuant to Section 19 of the Immigration Act of 1917, is binding on the Attorney General when the crime was committed within the United States prior to the alien's entry, even if the alien admitt
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Jesse Mowery petitioned for habeas corpus challenging his life sentence under Florida's Baumes Law (habitual offender statute) as a fourth felony offender. The Florida Supreme Court held that one of his prior convictions did not qualify as a predicate offense because it was not s
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160 F.2d 950·
9th Cir.·
1947-03-19
·cited 2×
The court held that the petition, despite lacking precision, contained sufficient allegations to require a hearing.
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158 F.2d 715·
9th Cir.·
1946-12-31
·cited 2×
The court held that the trial judge did not abuse his discretion in refusing to appoint counsel for the appellant after the close of evidence, as the record was clear and the judge was in a position to weigh the evidence.
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162 F.2d 343·
7th Cir.·
1946-12-27
·cited 2×
The court held that habeas corpus cannot be used to review errors of law that do not go to the jurisdiction of the trial court.
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158 F.2d 323·
D.C. Cir.·
1946-11-18
·cited 2×
The court held that the District of Columbia Board of Indeterminate Sentence and Parole has the authority to impose conditions on prisoners released for good conduct and to recommit them for violations. It also held that a prisoner is not prejudiced by the lack of counsel at arra
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The court held that a writ of habeas corpus cannot address the lawfulness of a potential future imprisonment under a separate sentence.
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157 F.2d 659·
9th Cir.·
1946-10-19
·cited 2×
The court held that a prisoner's claim of an appellate court misstating facts, when those facts supported the appellate court's legal conclusion, does not constitute a denial of due process cognizable in habeas corpus. The court also found the challenge to the Indeterminate Sente
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157 F.2d 64·
9th Cir.·
1946-09-04
·cited 2×
The court held that the findings of fact were supported by evidence and not clearly erroneous, thus the prisoner was not entitled to discharge.
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The court held that a state prisoner's claim that he was denied due process by the lack of appointed counsel was not grounds for habeas corpus relief when the prisoner had competently and intelligently waived his right to counsel under state law, and the state court had already a
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153 F.2d 328·
7th Cir.·
1946-02-13
·cited 2×
The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the judgment.
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153 F.2d 228·
D.C. Cir.·
1946-01-28
·cited 2×
The District Court has the authority to issue a writ of habeas corpus ad prosequendum for a person confined outside the District of Columbia.
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The court held that a prior decision of the Supreme Court did not invalidate the indictment, as the facts presented were distinguishable.
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149 F.2d 749·
9th Cir.·
1945-06-07
·cited 2×
The court held that the failure to present the petitioner before a magistrate did not invalidate his guilty plea and sentence, as he was otherwise afforded his constitutional rights.
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148 F.2d 278·
6th Cir.·
1945-04-10
·cited 2×
The court held that the district court correctly denied the writ of habeas corpus because the appellant was competent when pleading guilty and was not subjected to cruel and inhuman treatment.
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147 F.2d 225·
3d Cir.·
1945-01-17
·cited 2×
The court held that it could not issue a supplemental mandate to compel disclosure of grand jury witnesses because the prior appeal was dismissed as moot and did not address that issue.
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144 F.2d 917·
8th Cir.·
1944-10-03
·cited 2×
The court held that a federal court should not intervene via habeas corpus when a state prisoner has not exhausted state remedies or sought review by the Supreme Court of the United States.
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The court held that the trial court's findings were not clearly erroneous and were supported by evidence, affirming the discharge of the writ of habeas corpus.
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138 F.2d 230·
8th Cir.·
1943-10-11
·cited 2×
The court held that judicial review of Selective Service classifications is limited to determining if a fair opportunity to be heard was provided or if the decision was unsupported by substantial evidence.
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The court held that the Supreme Court's decision rendered the current appeals moot, requiring reversal and dismissal.
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136 F.2d 54·
5th Cir.·
1943-06-04
·cited 2×
A parole violation occurring before the expiration of the 'short term' (maximum sentence less good time) forfeits good time and makes the prisoner liable to serve the full original sentence.
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133 F.2d 195·
8th Cir.·
1942-12-28
·cited 2×
The court held that the petition for habeas corpus was improperly dismissed on a motion without sufficient factual basis in the record.
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The court held that the petitioner was not denied effective assistance of counsel, as evidence showed he waived his right to counsel.
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The court held that the petitioner's application for a writ of habeas corpus is without merit and cannot be granted.
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The Florida Supreme Court held that Miami's city ordinance regulating liquor licenses conflicted with state law (Chapter 16774, Acts of 1935) and was therefore invalid. The petitioner was arrested for operating a liquor business without paying the city license tax required under
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In a habeas corpus proceeding, the Florida Supreme Court affirmed the Circuit Court's judgment remanding a petitioner to the County Court for correction of an allegedly defective judgment. The Court held that while habeas corpus may test the legality of commitment, remand for cor
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In a habeas corpus proceeding, Bill Young challenged the validity of the criminal information filed by an assistant county solicitor on the grounds that the Florida Constitution required the prosecuting attorney to file all information. The Florida Supreme Court affirmed the deni
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Rufus Chesser, convicted of murder and sentenced to death, petitioned for habeas corpus claiming he had become insane after conviction. The Florida Supreme Court denied the petition but established the proper procedure for raising post-conviction insanity claims: application to t
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L.A. Peek challenged his conviction for maintaining a nuisance in West Palm Beach's municipal court, arguing the court lacked legal existence because its judge was appointed by the city commission rather than elected by voters. The Florida Supreme Court upheld the municipal court
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Edgar C. Frady sought a supersedeas (stay) of a circuit court order denying him bail while held on a murder indictment. The Florida Supreme Court denied the application, holding that granting a supersedeas would improperly reverse the lower court's bail determination before the w
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426 So. 3d 655·
Fla. 3d DCA·
2026-07-09
·cited 1×
A petition for prohibition must be dismissed when the petitioner is procedurally barred from raising claims that were adjudicated in a prior appeal or should have been raised on direct appeal or in post-conviction proceedings.
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432 So. 3d 485·
Fla.·
2026-02-26
·cited 1×
The court affirmed the denial of the postconviction motion and denied the petition for writ of habeas corpus, finding no ineffective assistance of counsel or abuse of discretion by the lower court.
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428 So. 3d 75·
Fla.·
2026-02-25
·cited 1×
The court affirmed the denial of postconviction relief, denied the habeas petition, and denied motions for a stay of execution.
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2025 WL 3713982·
M.D. Fla.·
2026-01-12
·cited 1×
Walver Daniel Vilorio Moncada, an immigration detainee, filed a habeas corpus petition under 28 U.S.C. § 2241 challenging his detention at Glades County Detention Center on Fifth Amendment Due Process grounds, claiming he was denied a bond hearing. The court dismissed the petitio
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432 So. 3d 454·
Fla.·
2025-12-30
·cited 1×
James Terry Colley, Jr. was convicted in 2018 of two counts of first-degree murder, attempted murder, and burglary in a domestic violence case where he shot his estranged wife Amanda Colley and her friend Lindy Dobbins, and was sentenced to death. On appeal of his postconviction
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The court held that the plaintiff's release from custody moots his habeas corpus petition, and that a habeas petition is not the proper vehicle for civil rights claims.
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2006 WL 3086888·
M.D. Fla.·
2025-12-12
·cited 1×
A juvenile offender convicted of homicide does not have a constitutional right to a 'meaningful opportunity' for release under the Eighth Amendment, and parole-eligible life sentences are not prohibited by Miller v. Alabama.
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A written plea of not guilty filed by counsel waives a defendant's presence at arraignment and the arraignment proceeding itself under Florida Rule of Criminal Procedure 3.160(a), and such waiver does not require the defendant's signature or a separate stand-alone document.
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A habeas corpus petition alleging ineffective assistance of appellate counsel on direct review is untimely when filed more than four years after the judgment and sentence become final on direct review.
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417 So. 3d 499·
Fla. 2d DCA·
2025-08-06
·cited 1×
A habeas petition that seeks collateral postconviction relief and would be barred by procedural rules (such as the two-year filing deadline or claims that could have been raised at trial or on direct appeal) must be dismissed as unauthorized rather than converted and transferred
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2022 WL 198811·
S.D. Fla.·
2025-07-22
·cited 1×
The court denied the petitioner's emergency request for a temporary restraining order because he failed to meet any of the four required elements.
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Michael Bernard Bell, convicted of two first-degree murders in 1993 and sentenced to death, appealed the denial of his successive motion for postconviction relief, which raised claims of newly discovered evidence in the form of Brady and Giglio violations based on alleged witness
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Habeas corpus is not available in Florida to obtain collateral postconviction relief that is available through rule 3.850 motions in the sentencing court, nor can it be used to litigate or relitigate issues that could have been raised on direct appeal.
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2019 WL 10303104·
M.D. Fla.·
2025-05-28
·cited 1×
The court held that the petitioner's sole remaining habeas claim is procedurally defaulted and barred from federal review.
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2025 WL 18652·
N.D. Fla.·
2025-03-28
·cited 1×
The court recommended dismissal of the habeas corpus petition without prejudice.
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399 So. 3d 382·
Fla. 1st DCA·
2024-12-23
·cited 1×
A habeas corpus petition may be dismissed rather than transferred when it raises untimely, successive, or frivolous postconviction challenges that could have been raised earlier or constitute a second or successive motion under rule 3.850.