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
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705 F.2d 113·
5th Cir.·
1983-05-16
·cited 40×
The court held that the district court erred in denying habeas corpus relief without considering the merits, as the petitioner may be able to show cause and prejudice for his failure to raise a jury composition claim at trial.
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399 So. 2d 476·
Fla. 1st DCA·
1981-06-09
·cited 40×
McKahn, an inmate convicted of drug possession, challenged the Florida Parole and Probation Commission's determination of his presumptive parole release date, alleging the Commission incorrectly classified his offense and unlawfully modified his parole criteria after establishing
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The court held that the appellee was deprived of his constitutional right to effective assistance of counsel due to his attorney's significant omissions and lack of preparation.
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The court held that the jury's consideration of extrinsic evidence requires application of the 'harmless beyond a reasonable doubt' standard, not a lesser standard, for constitutional error.
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A guilty plea is not constitutionally invalid for lack of information about parole eligibility or the minimum period of imprisonment set by a parole board, as this is distinct from a mandatory minimum sentence.
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A federal court must deny habeas corpus relief under the contemporaneous objection rule if a state court finds a procedural default forecloses a challenge, even if the state court also reached the merits of the constitutional claim.
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The court held that the petitioners waived their claim of unconstitutional jury composition by failing to brief and argue the issue on direct appeal in state court, and they failed to demonstrate cause for this waiver or resulting prejudice.
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The court held that the admission of an identification obtained through unnecessarily suggestive means, even if the witness had some opportunity to observe, violates due process and requires exclusion of the evidence.
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500 F.2d 1124·
9th Cir.·
1974-07-12
·cited 40×
A California Supreme Court 'postcard denial' of a habeas corpus petition, without citation or explicit statement of procedural grounds, satisfies the federal exhaustion requirement, as it indicates a decision on the merits.
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The court held that while the trial judge did not err in failing to conduct an independent inquiry into the defendant's competence to stand trial at the time, the defendant's petition raised sufficient doubt to warrant a post-conviction hearing on his actual competence in 1957.
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481 F.2d 303·
3d Cir.·
1973-07-10
·cited 40×
A petition for credit toward a sentence for time spent in custody prior to sentencing is properly brought under 28 U.S.C. § 2241, not exclusively under § 2255, but must first exhaust administrative remedies.
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The court held that the Miranda warnings given to the appellant were equivocal and ambiguous, and the subsequent statements were inadmissible due to inadequate warnings and lack of proof of a knowing and intelligent waiver.
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464 F.2d 1108·
9th Cir.·
1972-07-20
·cited 40×
The court held that the district court erred in dismissing the petition sua sponte, as it stated a claim for relief and the court possessed jurisdiction under the Mandamus Act and potentially habeas corpus.
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452 F.2d 337·
6th Cir.·
1971-12-07
·cited 40×
The admission of psychiatric reports, written by unidentified authors and not subject to cross-examination, violated the defendant's Sixth Amendment right to confrontation, even if admissible under a state hearsay exception.
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450 F.2d 1189·
5th Cir.·
1971-11-04
·cited 40×
The court affirmed the district court's dismissal of the habeas corpus petition, holding that the scope of review in extradition cases is limited and the appellant's arguments did not meet the criteria for relief.
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The court held that the trial court did not abuse its discretion in limiting cross-examination and that the petitioner waived her right against self-incrimination by testifying. The exclusion of jurors conscientiously opposed to the death penalty did not violate due process or fa
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The court held that an indigent mandatory releasee is not entitled to appointed counsel if they admit the violation and do not face discrimination, and that a local hearing is not required for admitted violators.
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406 F.2d 1238·
5th Cir.·
1969-02-03
·cited 40×
The court held that federal habeas corpus jurisdiction extends to a prisoner attacking a prior sentence, even if expired, if that sentence is claimed to affect the duration of his current confinement.
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404 F.2d 767·
3d Cir.·
1968-12-19
·cited 40×
A federal district court lacks territorial jurisdiction to issue a writ of habeas corpus if the petitioner is not within its territorial jurisdiction at the time the petition is filed.
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381 F.2d 161·
5th Cir.·
1967-07-26
·cited 40×
The court held that the record did not sufficiently demonstrate that the appellant was advised of his right to counsel or that he intelligently waived it.
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The court held that the appellant had not exhausted his state remedies because the state court had not yet ruled on the merits of his claim, and any delay was due to the appellant's own actions.
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371 F.2d 981·
8th Cir.·
1967-02-08
·cited 40×
The court held that federal courts lack the power to review the United States Board of Parole's discretionary decisions regarding parole eligibility or denial.
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The court held that the district court erred in granting habeas corpus, finding that the consent to enter the room was valid and not coerced, thus the subsequent search was lawful.
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The court held that the district court's finding of fact that the petitioner consented to the search of his trailer was not clearly erroneous.
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337 F.2d 425·
7th Cir.·
1964-09-30
·cited 40×
The court affirmed the dismissal of the habeas corpus petition for failure to obtain a certificate of probable cause and the dismissal of the Civil Rights Act complaints, finding no error in the district court's rulings.
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332 F.2d 890·
2d Cir.·
1964-06-11
·cited 40×
The court held that the petitioner must first exhaust his state remedies before seeking federal habeas corpus relief, as New York has provided a statutory procedure for challenging prior convictions used for sentence enhancement.
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The court held that the absence of counsel at a Connecticut hearing in probable cause, where the defendant pleaded not guilty and waived examination, did not violate due process or require reversal of the conviction.
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332 F.2d 341·
4th Cir.·
1964-04-15
·cited 40×
The Sixth Amendment right to counsel does not extend to preliminary hearings in Maryland where no events occur that are likely to prejudice the defendant's subsequent trial.
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319 F.2d 80·
5th Cir.·
1963-06-25
·cited 40×
The dissenting judge believes the majority opinion is incorrect in its assessment of the case.
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215 F.2d 237·
1st Cir.·
1954-08-02
·cited 40×
The court held that a Massachusetts petty larceny conviction, even with a suspended sentence and case placed on file, constitutes a 'conviction' for deportation purposes under the Immigration and Nationality Act.
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148 F.2d 801·
9th Cir.·
1945-03-29
·cited 40×
The court held that a registrant cannot complain of the local board's conduct after appealing to the appeal board, whose decision supersedes the local board's. The court also found no denial of due process in the classification process.
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193 So. 3d 991·
Fla. 4th DCA·
2016-05-25
·cited 39×
The court held that a conviction must be vacated if the trial court failed to hold a competency hearing after appointing experts, as this constitutes ineffective assistance of appellate counsel.
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88 So. 3d 85·
Fla.·
2011-06-30
·cited 39×
Darryl Barwick appeals the denial of his motion to vacate his death sentence for first-degree murder under Rule 3.851 and petitions for habeas corpus relief. The Florida Supreme Court affirms the circuit court's denial, rejecting claims of ineffective assistance of counsel, Brady
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27 So. 3d 168·
Fla. 4th DCA·
2010-02-03
·cited 39×
Whitmore appeals the denial of his Rule 3.850 motion for ineffective assistance of trial counsel and petitions for habeas corpus based on ineffective assistance of appellate counsel. The Fourth District affirmed the trial court's denial of the Rule 3.850 motion but granted the ha
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Paul Evans was convicted of first-degree murder and sentenced to death for the 1991 murder of Alan Pfeiffer. On post-conviction appeal, Evans raised thirteen claims of ineffective assistance of counsel and other constitutional violations. The Florida Supreme Court affirmed the tr
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964 So. 2d 121·
Fla.·
2007-05-24
·cited 39×
Marbel Mendoza appealed the denial of his Rule 3.850 motion challenging his first-degree murder conviction and death sentence, claiming ineffective assistance of trial counsel. The Florida Supreme Court reversed and remanded for a new evidentiary hearing because the circuit court
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William Earl Sweet, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, challenging his 1990 murder conviction and death sentence for the murder of Felicia Bryant. The court denied the petition, rejecting four claims including challenges to juror
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707 So. 2d 738·
Fla. 2d DCA·
1997-09-10
·cited 39×
Deborah Blalock challenged her 16-month jail sentence for indirect criminal contempt related to child support arrears, claiming serious due process violations in the trial court proceedings. The Florida Second District Court of Appeal found multiple critical errors on the face of
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581 So. 2d 583·
Fla.·
1991-06-15
·cited 39×
Bobby Marion Francis, a death row inmate with three death warrants signed, seeks post-conviction relief and habeas corpus review of his first-degree murder conviction and death sentence. The Florida Supreme Court denies all relief, finding that Francis's claims are procedurally b
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881 F.2d 949·
11th Cir.·
1989-08-07
·cited 39×
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The court held that the federal district court did not err in reaching the merits of Osborn's habeas corpus petition, as state remedies were exhausted by the time of appellate review and any procedural bar was not sufficiently established to preclude federal consideration.
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The court affirmed the district court's denial of habeas corpus relief, finding no abuse of the writ, no incompetence to stand trial, no denial of choice of counsel, no ineffective assistance of counsel, no improper Faretta inquiry, no constitutional issue regarding the race of t
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The court held that while Espinoza had no Sixth Amendment right to counsel for the murder charge, his prior invocation of his Fifth Amendment right to counsel at his weapons charge arraignment remained in effect during subsequent custodial interrogation for the murder, rendering
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The court held that the appellant was denied his Sixth Amendment right to effective assistance of counsel due to his trial attorney's failure to move to suppress numerous confessions, and that an evidentiary hearing is necessary to determine if this failure constituted sound tria
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764 F.2d 1371·
11th Cir.·
1985-06-21
·cited 39×
The court held that the petitioner abused the writ by failing to raise his ineffective assistance of counsel claim in his first habeas petition and that his other claims were procedurally defaulted without sufficient cause or prejudice.
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755 F.2d 1396·
11th Cir.·
1985-03-04
·cited 39×
The court affirmed the district court's denial of a certificate of probable cause and stay of execution, finding that the petitioner's claims constituted an abuse of the writ.
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The majority erred by making contrary factual findings and failing to decide a ripe constitutional question, exceeding its jurisdiction under 28 U.S.C. § 2254(d).
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669 F.2d 1185·
7th Cir.·
1982-02-09
·cited 39×
The Illinois parole release statute creates a constitutionally protected liberty interest, requiring a sufficient statement of reasons for parole denial. The case is remanded to determine if the Board's stated reason was constitutionally adequate.