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

• Acosta v. Turner
  666 F.2d 949· 5th Cir.· 1982-02-04 ·cited 39×
  The court held that the state trial court failed to adequately inquire into the defendant's competency to stand trial, violating his procedural due process rights under Pate v. Robinson.
• Earnest James Finley v. State
  394 So. 2d 215· Fla. 1st DCA· 1981-02-23 ·cited 39×
  Finley appealed the denial of his habeas corpus petition challenging his robbery conviction on double jeopardy grounds, arguing he could not be convicted of robbery when it was the underlying felony for his first-degree murder conviction. The court affirmed the denial, finding th
• United States ex rel. Carlos Marcello v. Dist. Dir. OF the Immigr. & Naturalization Serv.
  634 F.2d 964· 5th Cir.· 1981-01-22 ·cited 39×·via Habeas Corpus Petition
  The court held that an alien subject only to a deportation order, without being physically detained, is not 'held in custody' for the purpose of habeas corpus review under 8 U.S.C. § 1105a(a)(9).
• Williams v. Brown
  609 F.2d 216· 5th Cir.· 1980-01-07 ·cited 39×·via Habeas Corpus Petition
  The court held that the denial of a hearing on a Fourth Amendment claim, due to a procedural error, does not preclude the application of Stone v. Powell's bar to federal habeas review if state processes allowed for full and fair litigation. The court also found that nondisclosure
• United States ex rel. Lois Sero v. Preiser
  506 F.2d 1115· 2d Cir.· 1974-11-06 ·cited 39×·via Habeas Corpus Petition
  The court held that the combination of extended reformatory sentences for young adult misdemeanants and identical conditions of confinement as adult misdemeanants violates the Equal Protection Clause of the Fourteenth Amendment.
• United States ex rel. James C. Haynes v. McKENDRICK
  481 F.2d 152· 2d Cir.· 1973-06-14 ·cited 39×·via Habeas Corpus Petition
• Bustamonte v. Schneckloth
  448 F.2d 699· 9th Cir.· 1971-09-13 ·cited 39×
  The court held that a consent to search, to be valid, must be given with knowledge that the individual has the right to refuse consent.
• Fletcher v. Louie L. Wainwright
  399 F.2d 62· 5th Cir.· 1968-08-02 ·cited 39×·via Habeas Corpus Petition
  The court held that the admission of jewelry thrown from a motel room window was reversible error because it was a direct consequence of an illegal entry, and the exclusionary rule's deterrent policy would be undermined by admitting it.
• Kilgore v. State
  55 So. 3d 487· Fla.· 2010-11-18 ·cited 38×
  Dean Kilgore challenges his capital murder conviction and death sentence for the 1989 prison killing of Emerson Robert Jackson through postconviction relief and habeas corpus proceedings. The Florida Supreme Court affirmed the denial of his rule 3.850 motion and denied his habeas
• Ponticelli v. State
  941 So. 2d 1073· Fla.· 2006-08-31 ·cited 38×
  Anthony Ponticelli was convicted of two counts of first-degree murder and sentenced to death. On postconviction appeal, he challenged the conviction and sentence through Rule 3.850 motion and habeas petition, raising Brady/Giglio claims, ineffective assistance of counsel claims,
• Branch v. State
  952 So. 2d 470· Fla.· 2006-08-31 ·cited 38×
  Eric Scott Branch, convicted of first-degree murder and sentenced to death, appeals the trial court's denial of his Rule 3.850 postconviction motion and petitions for a writ of habeas corpus. Branch raises numerous ineffective assistance of counsel claims at both the trial and ap
• Brown v. State
  708 So. 2d 1041· Fla. 1st DCA· 1998-05-05 ·cited 38×
• Bradley v. State
  703 So. 2d 1176· Fla. 5th DCA· 1997-12-19 ·cited 38×·via Writ Of Habeas Corpus
  The court is bound by prior caselaw to interpret the statute to include criminal and collateral criminal proceedings, despite reservations.
• In re Medina
  109 F.3d 1556· 11th Cir.· 1997-03-24 ·cited 38×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Pedro Medina, sentenced to death for auto theft and first-degree murder, filed a second federal habeas corpus petition after his first petition was denied and his conviction affirmed. The Eleventh Circuit held that the Antiterrorism and Effective Death Penalty Act (AEDPA) amendme
• Viqueira v. Roth
  591 So. 2d 1147· Fla. 3d DCA· 1992-01-14 ·cited 38×
  A defendant is entitled to a belated appeal when counsel fails to file a timely notice of appeal, and this entitlement is not dependent on a preliminary showing of the appeal's merits.
• Kennedy v. Dugger
  933 F.2d 905· 11th Cir.· 1991-05-31 ·cited 38×
  The court affirmed the denial of the habeas corpus petition, finding no merit in claims of ineffective assistance of counsel, improper prosecutorial arguments, or burden of proof shifting.
• Gilmore v. Armontrout
  861 F.2d 1061· 8th Cir.· 1988-11-10 ·cited 38×·via Habeas Corpus Petition
  The court held that the petitioner's claims regarding the prosecutor's closing argument and victim-impact evidence were procedurally barred and lacked merit, and that the absence of counsel at arraignment did not violate his Sixth Amendment rights. The court reversed the district
• Wilson v. Kemp
  777 F.2d 621· 11th Cir.· 1985-11-18 ·cited 38×·via Habeas Corpus Petition
• Grizzell v. Louie L. Wainwright
  692 F.2d 722· 11th Cir.· 1982-11-29 ·cited 38×·via Habeas Corpus Petition
  The use of prior uncounseled felony convictions to impeach a defendant's credibility, when those convictions are constitutionally invalid, constitutes a due process violation that is not harmless error if there is a reasonable possibility that the evidence influenced the jury's a
• Thomas v. State
  421 So. 2d 160· Fla.· 1982-10-21 ·cited 38×
  Daniel Morris Thomas, a death row inmate, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 and filed a habeas corpus petition, raising seven grounds including ineffective assistance of counsel, constitutional defects in Florida's capital sentencing law
• Alicea v. Gagnon
  675 F.2d 913· 7th Cir.· 1982-04-14 ·cited 38×·via Habeas Corpus Petition
  A criminal defendant has a constitutional right to testify in his own behalf under the Fifth, Sixth, and Fourteenth Amendments, and a state may not mechanistically apply procedural rules to defeat this right.
• Eldridge v. Atkins
  665 F.2d 228· 8th Cir.· 1981-12-03 ·cited 38×
  The court held that trial counsel's failure to adequately investigate and present the defense of misidentification constituted ineffective assistance of counsel, violating the fourteenth amendment.
• Vivienne Brown and Arthur Brown v. TAN
  395 So. 2d 1249· Fla. 3d DCA· 1981-03-26 ·cited 38×·via Habeas Corpus Petition
  The Florida District Court of Appeal affirmed a trial court's order granting habeas corpus relief and returning a 12-year-old child to his natural father in Singapore, holding that Florida lacked jurisdiction under the Uniform Child Custody Jurisdiction Act because Singapore was
• Parton v. Wyrick
  614 F.2d 154· 8th Cir.· 1980-01-18 ·cited 38×
  The court held that the appellant waived his right to raise claims of ineffective assistance of counsel regarding prior convictions due to deliberate bypass of state remedies and failure to object at trial. The court also held that the appellant failed to state a claim for habeas
• Keener v. Ridenour
  594 F.2d 581· 6th Cir.· 1979-03-28 ·cited 38×
  A delayed appeal under Ohio law is not available if a direct appeal has already been pursued. However, a prisoner may seek post-conviction relief for claims that render a judgment void.
• Mizell v. The Attorney Gen. OF the State OF NEW York & ano.
  586 F.2d 942· 2d Cir.· 1978-10-30 ·cited 38×
  The court held that jeopardy attached when the jury was sworn, and the discharge of the jury without manifest necessity violated the Double Jeopardy Clause. However, since the petitioner was released from custody, the relief granted below was vacated and remanded for consideratio
• Chenault v. Stynchcombe
  581 F.2d 444· 5th Cir.· 1978-10-03 ·cited 38×·via Habeas Corpus Petition
  The court held that claims regarding sentencing instructions and death-qualified juries were not properly before it due to failure to exhaust state remedies, and affirmed denial of other claims.
• Scott v. Plante
  532 F.2d 939· 3d Cir.· 1976-03-29 ·cited 38×·via Habeas Corpus Petition
  The court held that the district court improperly dismissed the plaintiff's claims, including those regarding involuntary medication, confinement without treatment, physical conditions, unconstitutional confinement, and procedural issues in hearings, and that the plaintiff's requ
• Meir Kahane v. Carlson
  527 F.2d 492· 2d Cir.· 1975-11-26 ·cited 38×
  The court held that venue was proper in the Eastern District of New York because the prisoner's continuing probation obligations made that district his residence for venue purposes, and that prison authorities must provide a diet sufficient to sustain the prisoner without violati
• Stanley v. COX
  486 F.2d 48· 4th Cir.· 1973-10-16 ·cited 38×·via Habeas Corpus Petition
  Pre-trial show-up identifications, when not unnecessarily suggestive under the totality of circumstances, do not violate due process, even if conducted before formal charges.
• Vito Giacalone v. Lucas
  445 F.2d 1238· 6th Cir.· 1971-07-30 ·cited 38×
  The court held that the trial judge did not abuse discretion in denying a continuance and that the search incident to arrest was reasonable.
• Gregory v. Tarr
  436 F.2d 513· 6th Cir.· 1971-01-26 ·cited 38×·via Writ Of Habeas Corpus
  The court held that the Executive's conditioning of fatherhood deferments on not having received a graduate student deferment was a valid exercise of discretion authorized by statute, and thus not subject to pre-induction judicial review under the "lawless action" exception.
• United States ex rel. Wilbert Ross v. McMANN
  409 F.2d 1016· 2d Cir.· 1969-02-26 ·cited 38×·via Habeas Corpus Petition
  The dissenting opinion argues that voluntary guilty pleas, entered on advice of counsel, waive all prior non-jurisdictional defects. It contends that the Supreme Court's decision in Jackson v. Denno, which requires hearings on the voluntariness of confessions used at trial, shoul
• Fields v. Peyton
  375 F.2d 624· 4th Cir.· 1967-03-07 ·cited 38×
  A defendant is denied effective assistance of counsel when appointed so close to trial that adequate preparation is impossible, and the burden shifts to the state to prove no prejudice resulted.
• United States ex rel. Edward Mitchell v. Hon. Harold Follette
  358 F.2d 922· 2d Cir.· 1966-02-25 ·cited 38×·via Habeas Corpus Petition
  The court held that a factual hearing is mandatory to determine if the state trial judge's silence after the defendant expressed a desire to appeal, coupled with the defendant's indigence, unconstitutionally deprived him of his right to appeal.
• Wallace v. Heinze
  351 F.2d 39· 9th Cir.· 1965-09-15 ·cited 38×·via Application For Writ Of Habeas Corpus
  A guilty plea waives any claim that evidence was obtained through an unreasonable search, and a district court has inherent power to grant additional time for a return in a habeas corpus proceeding.
• United States v. Smith
  337 F.2d 49· 4th Cir.· 1964-09-21 ·cited 38×·via Habeas Corpus Proceedings
  A district judge who presided over a defendant's original trial and sentencing is not disqualified from ruling on a motion to vacate sentence under 28 U.S.C. § 2255, even if the judge's recollection supplements an incomplete transcript.
• Huie v. State
  92 So. 2d 264· Fla.· 1957-01-23 ·cited 38×·via Habeas Corpus Proceedings
  William Bradford Huie appealed an appearance bond forfeiture order entered after the Florida Supreme Court dismissed his habeas corpus petition and remanded him to the custody of the Suwannee County Sheriff. The Supreme Court held that while the trial judge had jurisdiction to or
• United States ex rel. Marvin Moses v. Kipp
  232 F.2d 147· 7th Cir.· 1956-04-17 ·cited 38×
  The court held that a prisoner transferred between state and federal custody via a writ of habeas corpus ad prosequendum cannot challenge the transfer or demand priority of one jurisdiction over the other, as this is a matter of comity between sovereigns.
• Jackson v. Neff
  64 Fla. 326· Fla.· 1912-06-01 ·cited 38×·via Habeas Corpus Proceedings
  The Florida Supreme Court upheld the constitutionality of a 1911 statute imposing license taxes on automobiles and motor vehicles used on public roads. The court rejected a habeas corpus challenge and reversed the discharge of a defendant charged with violating the licensing requ
• Williams v. Warden, Fed. Bureau OF Prisons
  713 F.3d 1332· 11th Cir.· 2013-04-11 ·cited 37×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  Albert Williams appealed the dismissal of his 28 U.S.C. § 2241 habeas petition challenging his 293-month sentence for felon in possession of a firearm under 18 U.S.C. § 922(g)(1), enhanced by the Armed Career Criminal Act (ACCA). Williams argued that his 1989 and 1990 Florida bur
• Seibert v. State
  64 So. 3d 67· Fla.· 2011-04-14 ·cited 37×·via Writ Of Habeas Corpus
  Michael Seibert was convicted of first-degree murder and sentenced to death for the 1998 killing and dismemberment of an 18-year-old victim. On appeal, the Florida Supreme Court affirmed the denial of his postconviction motion for relief, rejected his habeas corpus petition, and
• Provenzano v. State
  739 So. 2d 1150· Fla.· 1999-07-01 ·cited 37×·via Habeas Corpus Petition
  Thomas Harrison Provenzano, a death row inmate convicted of murdering a bailiff, appeals the circuit court's denial of his third motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, rejecting claims based
• Calloway v. State
  699 So. 2d 849· Fla. 3d DCA· 1997-10-01 ·cited 37×·via Habeas Corpus Petition
• Futch v. Dugger
  874 F.2d 1483· 11th Cir.· 1989-06-08 ·cited 37×·via Habeas Corpus Petition
  The court held that the petitioner is entitled to an evidentiary hearing on the issue of ineffective assistance of trial counsel regarding the failure to investigate a potential eyewitness and petitioner's competency to stand trial.
• Lowenfield v. Phelps
  817 F.2d 285· 5th Cir.· 1987-05-11 ·cited 37×·via Habeas Corpus Petition
  The dissenting judge argues that the supplemental Allen charge and Brasfield inquiry used during the sentencing phase of a death penalty case are unconstitutionally coercive.
• Miller v. Fenton
  796 F.2d 598· 3d Cir.· 1986-06-26 ·cited 37×·via Habeas Corpus Petition
  The court held that the majority opinion failed to consider the totality of circumstances in determining the voluntariness of the confession, selectively using facts and ignoring evidence of coercion.
• Celestine v. Blackburn
  750 F.2d 353· 5th Cir.· 1984-12-28 ·cited 37×·via Habeas Corpus Petition
  The court held that the petitioner did not receive ineffective assistance of counsel and that the trial court did not err in its jury selection or exclusion of a juror, affirming the denial of habeas corpus relief.
• Martin v. Rose
  744 F.2d 1245· 6th Cir.· 1984-10-04 ·cited 37×
  A defendant is deprived of the Sixth Amendment right to effective assistance of counsel when his attorney refuses to participate in the trial, even if this is a deliberate tactic, because such a tactic fails to subject the prosecution's case to meaningful adversarial testing.
• Haggins v. Warden, Fort Pillow State Farm
  715 F.2d 1050· 6th Cir.· 1983-08-11 ·cited 37×·via Habeas Corpus Petition
  The admission of a child victim's hearsay statements, made under the stress of excitement from a startling event, does not violate the Sixth Amendment confrontation clause if they possess sufficient indicia of reliability, even if the child is unavailable to testify.