Petition For Writ Of Habeas Corpus

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

• Kilpatrick v. Houston
  36 F. Supp. 2d 1328· N.D. Fla.· 1999-02-23 ·cited 1×
  The Bureau of Prisons exceeded its statutory authority by categorically excluding prisoners from sentence reduction eligibility based on firearm possession enhancements, as this conflicts with the plain meaning of 18 U.S.C. § 3621(e)(2)(B).
• Swain v. Singletary
  42 F. Supp. 2d 1284· M.D. Fla.· 1999-02-19 ·cited 1×
  The court held that the petitioner was not entitled to habeas corpus relief on any of his grounds, as his claims were either procedurally barred, harmless error, or not supported by the record.
• Alday v. Singletary
  719 So. 2d 1260· Fla. 1st DCA· 1998-11-04 ·cited 1×
  Glen Alday challenged a circuit court's denial of his habeas corpus petition. The court affirmed the denial because Alday filed his petition in the wrong judicial circuit—he was incarcerated in the Tenth Judicial Circuit but filed in the Twelfth Judicial Circuit, violating the re
• Maggard v. Singletary
  23 F. Supp. 2d 1367· M.D. Fla.· 1998-08-31 ·cited 1×
  The court held that the petitioner failed to establish cause or prejudice to excuse his abuse of the writ, and thus his habeas petition should be dismissed.
• Johnson v. Singletary
  708 So. 2d 321· Fla. 3d DCA· 1998-03-18 ·cited 1×
• Cridland v. Singletary
  695 So. 2d 794· Fla. 1st DCA· 1997-05-02 ·cited 1×
  Florida appellate court reversed denial of habeas corpus/mandamus petition, holding that retroactive application of a statute disqualifying prisoner from provisional credits violates ex post facto protections under Lynce v. Mathis.
• Tapia v. State
  676 So. 2d 1059· Fla. 3d DCA· 1996-07-17 ·cited 1×·via Habeas Corpus Petition
  Jose Luis Tapia was convicted of first-degree murder in a joint trial with co-defendant Cook, where both defendants' statements to police were used against each other without cross-examination opportunity. After Tapia's direct appeal was affirmed and Cook's similar appeal was rev
• Werner v. Hickey
  920 F. Supp. 1257· M.D. Fla.· 1996-04-09 ·cited 1×
  The court held that the magistrate had jurisdiction, sufficient evidence supported probable cause, and the offense was extraditable under the treaty, thus denying the petition for writ of habeas corpus.
• P.M. v. Carter
  658 So. 2d 188· Fla. 3d DCA· 1995-08-07 ·cited 1×
• Whelpley v. Costa
  648 So. 2d 1252· Fla. 4th DCA· 1995-01-25 ·cited 1×·via Writ Of Habeas Corpus
• Hill v. State
  639 So. 2d 195· Fla. 2d DCA· 1994-07-13 ·cited 1×
  The court held that the trial court erred in treating a motion for postconviction relief as an untimely motion for correction of sentence under rule 3.800(b) instead of a motion under rule 3.850. The court reversed and remanded for consideration of the timely filed motion.
• L.A. v. Carter
  623 So. 2d 1219· Fla. 3d DCA· 1993-09-09 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a juvenile cannot be detained pending an adjudicatory hearing without a prior judicial determination of probable cause.
• Minerva v. Singletary
  830 F. Supp. 1426· M.D. Fla.· 1993-08-23 ·cited 1×
  The Capital Collateral Representative (CCR) lacks standing to file a habeas corpus petition on behalf of an inmate who has knowingly and voluntarily waived his right to collateral counsel and further proceedings.
• Hernandez v. Dugger
  829 F. Supp. 372· M.D. Fla.· 1993-08-17 ·cited 1×
  The court held that a trial court's refusal to permit a criminal defendant to testify unconstitutionally impairs the defendant's right to testify, and this error is structural, not subject to harmless error analysis.
• Polo v. Horgan
  828 F. Supp. 961· S.D. Fla.· 1993-07-12 ·cited 1×
  The court held that the petition for writ of habeas corpus is denied because the magistrate judge had jurisdiction, the charged offenses are extraditable under the treaty, and there was sufficient evidence to establish probable cause.
• Jones v. Singletary
  621 So. 2d 760· Fla. 3d DCA· 1993-07-06 ·cited 1×·via Writ Of Habeas Corpus
  Keith Maurice Jones petitioned for habeas corpus alleging his appellate counsel was ineffective for failing to raise two sentencing issues on direct appeal: improper enhancement of his third-degree murder conviction and a double jeopardy violation regarding his firearm possession
• Pruett v. Thompson
  996 F.2d 1560· 4th Cir.· 1993-05-25 ·cited 1×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding that Pruett's claims were procedurally defaulted and did not meet the exceptions for cause and prejudice or actual innocence.
• Ali Abdul-Habib Hakeem v. Beyer
  990 F.2d 750· 3d Cir.· 1993-03-31 ·cited 1×·via Habeas Corpus Petition
  The court held that a fourteen and one-half month delay in bringing Hakeem to trial does not automatically establish prejudice for a speedy trial violation, and remanded for an evidentiary hearing on the cause of the delay.
• Bueno v. Hallahan
  988 F.2d 86· 9th Cir.· 1993-03-18 ·cited 1×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the state trial court's admission of hearsay evidence, requirement to elect defenses, and sentence enhancement did not violate due process and affirmed the denial of the habeas petition.
• Lilly v. Gilmore
  988 F.2d 783· 7th Cir.· 1993-03-17 ·cited 1×
  The court held that appellate counsel was not ineffective for failing to raise a Miranda claim that was not clearly supported by precedent at the time, nor for failing to appeal the exclusion of speculative evidence.
• Toulson v. Beyer
  987 F.2d 984· 3d Cir.· 1993-03-12 ·cited 1×·via Habeas Corpus Petition
  The court held that the district court erred in finding unexhausted claims procedurally defaulted under state law, and should have dismissed the entire petition without prejudice for failure to exhaust state remedies.
• Campbell v. Blodgett
  982 F.2d 1356· 9th Cir.· 1993-01-04 ·cited 1×·via Habeas Corpus Proceedings
  The court held that the district court did not abuse its discretion in denying a motion to videotape an execution pending appeal, as the evidentiary value was insufficient and outweighed by comity and privacy concerns.
• In the Interest of E.H.
  609 So. 2d 1289· Fla.· 1992-12-10 ·cited 1×·via Writ Of Habeas Corpus
  The Florida Supreme Court addressed certified questions regarding a parent's right to a belated appeal in parental rights termination cases due to ineffective assistance of counsel, ultimately granting a belated appeal in this specific instance.
• Mills v. Jordan
  979 F.2d 1273· 7th Cir.· 1992-11-19 ·cited 1×
  The court held that a petitioner must demonstrate actual innocence of the crime for which they are being sentenced as an habitual offender to overcome procedural default under the miscarriage of justice exception.
• Ring v. Erickson
  983 F.2d 818· 8th Cir.· 1992-07-09 ·cited 1×
  The admission of two videotaped statements from a child victim, one under a medical diagnosis exception and the other under a special child hearsay exception, violated the defendant's Sixth Amendment right to confrontation because the statements lacked sufficient indicia of relia
• Barkauskas v. Lane
  946 F.2d 1292· 7th Cir.· 1991-11-01 ·cited 1×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or a due process violation, and affirmed the denial of the habeas corpus petition.
• Adams v. R.S. Peterson
  939 F.2d 1369· 9th Cir.· 1991-07-30 ·cited 1×·via Habeas Corpus Petition
  The dissent argues that the defendant's stipulation to facts mirroring the indictment constituted a de facto guilty plea, requiring the protections of Boykin v. Alabama, which were not afforded.
• Beringer v. Sheahan
  934 F.2d 110· 7th Cir.· 1991-05-31 ·cited 1×
  A defendant who does not move for a mistrial based on intentional prosecutorial misconduct cannot invoke the double jeopardy clause to bar retrial after a conviction is reversed on those grounds.
• Rodriguez v. Hoke
  928 F.2d 534· 2d Cir.· 1991-03-15 ·cited 1×
  The court held that the petitioner failed to exhaust available state court remedies for all claims raised in his habeas corpus petition.
• Williams v. Dugger
  573 So. 2d 210· Fla. 1st DCA· 1991-01-29 ·cited 1×
• Duncan Peder McKENZIE, Jr. v. Risley
  915 F.2d 1396· 9th Cir.· 1990-10-09 ·cited 1×
  The court held that the district court applied an incorrect legal standard by requiring the petitioner to prove sentencing was discussed, rather than whether matters discussed could have influenced the judge.
• Grassi v. United States
  742 F. Supp. 1141· S.D. Fla.· 1990-06-28 ·cited 1×
  The court held that the Supreme Court's ruling in Gomez v. United States does not apply retroactively to this collateral proceeding and that the petitioner failed to demonstrate cause and prejudice for his claim.
• Meagher v. Dugger
  737 F. Supp. 641· S.D. Fla.· 1990-05-17 ·cited 1×
  The court held that it is powerless to grant relief by crediting time served in state custody towards a federal sentence when the state confinement was the result of state charges and conviction, and the federal parole commission has discretion over concurrent sentencing.
• Jackson v. State
  559 So. 2d 320· Fla. 3d DCA· 1990-04-03 ·cited 1×·via Habeas Corpus Petition
  Death of appellant during pendency of collateral attack on final conviction results in dismissal of appeal, as ab initio abatement does not apply to post-conviction proceedings.
• Vetri v. State
  558 So. 2d 1097· Fla. 5th DCA· 1990-03-30 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the $50,000 bail set by the trial court was unreasonable given the circumstances and granted the petition for a writ of habeas corpus.
• Contella v. Contella
  557 So. 2d 880· Fla. 5th DCA· 1990-02-01 ·cited 1×·via Writ Of Habeas Corpus
  Leonard Contella petitioned for habeas corpus after being held in criminal contempt for willfully violating a spousal support order and divesting himself of assets. The Fifth District Court of Appeal affirmed the trial court's criminal contempt finding and upheld the jail sentenc
• Simons v. State
  555 So. 2d 960· Fla. 1st DCA· 1990-01-24 ·cited 1×·via Writ Of Habeas Corpus
  In this pro se habeas corpus petition, a defendant charged with cocaine possession challenged a $15,000 bond set by the trial court as violating his constitutional right to pretrial release. The appellate court denied the petition because the defendant failed to provide the trial
• Adams v. State
  543 So. 2d 1244· Fla.· 1989-05-03 ·cited 1×
  Aubrey Dennis Adams, convicted in 1978 of murdering an eight-year-old child and sentenced to death, sought postconviction relief based on Hitchcock v. Dugger and other constitutional grounds. The Florida Supreme Court affirmed the denial of his motion for postconviction relief, f
• Woods v. Dugger
  711 F. Supp. 586· M.D. Fla.· 1989-04-14 ·cited 1×
  The court denied the petition for a writ of habeas corpus, finding no constitutional violations regarding jury intimidation, discriminatory peremptory challenges, denial of continuances, execution of an eighteen-year-old, transcript errors, or the Hitchcock claim.
• Bradley v. Hon. Wallace E. Sturgis
  541 So. 2d 766· Fla. 5th DCA· 1989-04-13 ·cited 1×
  Petition for mandamus denied as moot because the underlying habeas corpus petition was already denied, but the court clarified that Florida's Constitution requires clerks to receive, docket, and deliver habeas corpus petitions without delay and at no cost.
• Barry v. Alfred Brower & the Attorney Gen. of the State of N.J. Appeal of Alfred Brower
  864 F.2d 294· 3d Cir.· 1988-12-30 ·cited 1×
  A federal court may grant habeas corpus relief if a state prisoner is denied counsel on appeal due to indigence, but cannot directly order the state court to reinstate the appeal; instead, it must allow the state court an opportunity to correct the constitutional violation.
• Na-Yuet v. Hueston
  690 F. Supp. 1008· S.D. Fla.· 1988-04-18 ·cited 1×
  A habeas petitioner must be afforded a rehearing when proffering specific, newly discovered, and previously unavailable explanatory evidence that casts substantial doubt on the probable cause determination for extradition.
• Patton v. Dugger
  578 F. Supp. 558· S.D. Fla.· 1988-02-04 ·cited 1×
  The court held that a remand for a new sentencing proceeding does not violate the Double Jeopardy Clause when there was no explicit life recommendation from the jury.
• Ordaz-Machado v. Rivkind
  563 F. Supp. 267· S.D. Fla.· 1987-09-21 ·cited 1×
  The court held that a federal habeas corpus petition cannot collaterally attack a state conviction without exhausting state remedies, and that an excludable alien's parole revocation based on a narcotics conviction is permissible and does not violate constitutional or statutory r
• Downs v. Dugger
  514 So. 2d 1069· Fla.· 1987-09-09 ·cited 1×
  Ernest Downs, sentenced to death for a contract killing, petitioned for habeas corpus relief on the eve of his execution. The Florida Supreme Court granted the petition, vacating his death sentence and remanding for a new sentencing proceeding, finding that the trial court's jury
• Beauford White v. Dugger
  828 F.2d 10· 11th Cir.· 1987-08-27 ·cited 1×
  The court denied the application for a Certificate of Probable Cause, affirming the district court's denial of the writ of habeas corpus.
• Lovelace v. Lynaugh
  809 F.2d 1136· 5th Cir.· 1987-02-03 ·cited 1×·via Habeas Corpus Petition
  The court denied the oral motion for a stay of execution because the prisoner, who was competent and understood his rights, chose not to pursue any legal action to postpone his execution, and the movant lacked standing as a 'next friend'.
• Joiner v. In re the Interest of Baby DOE
  510 So. 2d 309· Fla. 4th DCA· 1986-12-10 ·cited 1×
  The appellate court affirmed the trial court's order granting a writ of habeas corpus, finding substantial competent evidence supported the finding of duress.
• DeSIMONE v. Lacy
  805 F.2d 321· 8th Cir.· 1986-11-14 ·cited 1×·via Habeas Corpus Petition
  The court held that a district court lacks subject matter jurisdiction over claims concerning the imposition of a sentence by another district court, unless the remedy under 28 U.S.C. § 2255 is inadequate or ineffective.
• Fla. Parole & Prob. Comm'n v. Griffin
  497 So. 2d 1242· Fla. 2d DCA· 1986-08-22 ·cited 1×
  The Florida Parole and Probation Commission appealed a mandamus order requiring it to recalculate an inmate's presumptive parole release date without three aggravating factors. The court reversed, holding that the Commission properly considered habitual offender status, probation