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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703 F.2d 1251·
11th Cir.·
1983-04-25
·cited 37×
The court held that the prosecutor's use of psychiatric examination information during cross-examination for impeachment purposes was permissible, and that the jury instructions did not unconstitutionally limit consideration of mitigating factors.
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The court held that the district court erred in denying a hearing on the habeas corpus petition without adequately considering the allegations of ineffective assistance of counsel.
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579 F.2d 95·
1st Cir.·
1978-06-08
·cited 37×
The court held that the resentencing did not violate double jeopardy or ex post facto clauses, and the Fourth Amendment claim was procedurally barred.
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A guilty plea is not rendered involuntary by a defendant's mistaken subjective impressions, absent substantial objective proof that those impressions were reasonably justified.
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246 So. 2d 755·
Fla.·
1971-04-07
·cited 37×
The Florida Supreme Court affirmed a District Court decision granting Otis Wooden a delayed direct appeal after his court-appointed counsel refused to file an appeal. The Court clarified the proper procedural mechanism for raising claims of deprivation of direct appeal (habeas co
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The court held that the prisoner is serving a recidivist sentence based on potentially unconstitutional prior convictions and that his indigence may have deprived him of his right to appeal.
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118 So. 3d 718·
Fla.·
2013-03-21
·cited 36×
Daniel Conahan was convicted of first-degree murder and kidnapping in the 1996 death of Richard Montgomery. On postconviction appeal and habeas review, Conahan challenged his conviction and death sentence on multiple grounds, including ineffective assistance of counsel, prosecuto
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Richard Henyard was convicted in 1994 of carjacking Dorothy Lewis and her two children, murdering the children (Jasmine, age 3, and Jamilya, age 7), and raping and attempting to murder Dorothy Lewis. He was sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Heny
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760 So. 2d 888·
Fla.·
2000-04-13
·cited 36×
James Eldridge petitions for habeas corpus challenging the Department of Corrections' forfeiture of 2,573 days of gain time after his probation was revoked and he was resentenced to five years. The Florida Supreme Court holds that the Department has statutory authority to forfeit
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748 So. 2d 1003·
Fla.·
1999-10-26
·cited 36×
Anthony Braden Bryan, scheduled for execution, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas petition raising multiple claims of ineffective assistance of counsel, Brady violations, and other grounds. The Florida Supreme Court affirmed the trial c
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The Florida Parole Commission has broad statutory authority to grant or deny credit for time spent on Conditional Release when that release is revoked due to a violation.
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The novelty of a constitutional claim, if not reasonably available to counsel, can constitute cause to excuse a procedural default.
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Judy Buenoano, under a death sentence for murder, petitioned for habeas corpus relief and appealed the denial of her rule 3.850 motion for postconviction relief. The Florida Supreme Court rejected all twenty-one claims, including procedurally barred issues and ineffective assista
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The court concurred in the result but disagreed with the majority's reasoning, finding the case distinguishable from Toscanino.
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The court affirmed the district court's grant of a writ of habeas corpus, finding that the petitioner was denied the effective assistance of counsel.
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The court held that a petitioner's failure to appeal a post-conviction relief denial to the state's highest court constitutes a procedural default requiring a showing of cause and prejudice to obtain federal habeas relief.
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The court held that while the state may have failed to adequately prove witness unavailability, the admission of preliminary hearing testimony was harmless error due to the circumstances of the case.
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The court denied the petition for rehearing, finding that the prosecutor's remarks, when viewed as a whole, did not deny the defendant due process.
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774 F.2d 1558·
11th Cir.·
1985-11-04
·cited 36×
The court held that the petitioner failed to demonstrate ineffective assistance of counsel, either due to a conflict of interest or the attorney's failure to object to evidence, as required for habeas corpus relief.
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758 F.2d 866·
2d Cir.·
1985-04-01
·cited 36×
The court held that a trial judge's inquiry into a defendant's post-arrest silence, even before the District Attorney or Grand Jury, violates due process, and such a violation, given the scant evidence, was not harmless error.
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The court affirmed the denial of habeas corpus relief, finding no constitutional error in the prosecutor's comments, the assistance of counsel, the jury instructions, or the exclusion of a juror.
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The court held that a prosecutor's misrepresentation of state law regarding jury sentimentality was improper and potentially unconstitutional.
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A federal court may not consider a habeas claim that a state prisoner has waived by failing to raise it in state court proceedings, absent a showing of 'cause' for the failure and 'prejudice' resulting therefrom.
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441 So. 2d 148·
Fla.·
1983-11-17
·cited 36×
Stephen Todd Booker appealed his death sentence for first-degree murder, challenging the trial court's denial of his Rule 3.850 motion for post-conviction relief and raising claims of ineffective assistance of counsel and inadequate proportionality review of his death sentence. T
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The court held that while transfers did not divest jurisdiction, they mooted claims regarding prison conditions unless capable of repetition yet evading review. It also held that prisoners have a constitutional right to access courts, but this can be satisfied by alternatives to
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A state sovereign, through authorized representatives, can waive the habeas exhaustion requirement, as comity serves the state's sovereign interest.
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685 F.2d 71·
3d Cir.·
1982-07-23
·cited 36×
The court held that the petitioner failed to demonstrate exhaustion of state remedies for his right-to-testify claim, as New Jersey's post-conviction relief rules might permit consideration of such constitutional claims.
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The court held that a Certificate of Probable Cause, timely received by the clerk but not filed within 30 days, could suffice as a notice of appeal if it clearly evinced intent to appeal, allowing the court to reach the merits. It also held that claims challenging the fact or len
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The court held that a defendant's attorney's failure to adequately investigate facts, inform the defendant of charges and consequences, and initiate plea negotiations constitutes ineffective assistance of counsel, warranting habeas corpus relief.
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The district court improperly dismissed the pro se complaint under 28 U.S.C. § 1915(d) without allowing the prisoner an opportunity to develop a record.
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398 So. 2d 448·
Fla.·
1981-05-07
·cited 36×
The Florida Supreme Court held that ineffective assistance claims based on inadequacy or incompetence of retained counsel are cognizable grounds for challenging convictions, overruling prior precedent that had barred such claims. The court rejected distinctions between retained a
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The court held that the petitioner failed to establish sufficient cause for not challenging a juror for cause or using a peremptory challenge, and thus could not raise the issue on federal habeas corpus. The court also held that the pretrial publicity did not render the jury impa
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622 F.2d 124·
5th Cir.·
1980-07-21
·cited 36×
The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the state court proceedings.
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623 F.2d 101·
9th Cir.·
1980-07-10
·cited 36×
The court held that a failure by a state court to adhere to the Interstate Agreement on Detainers Act's 120-day trial period is a violation of federal law cognizable under § 2254, and that the district court erred by not independently determining the facts or holding a hearing.
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The court held that the petitioner's claims of due process violations based on an eleven-member jury, knowing use of perjured testimony, and prosecutorial misconduct were without merit.
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The court held that the trial court's failure to make a clear and reliable determination of the voluntariness of the confession, as required by Jackson v. Denno, violated due process.
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A mistrial declared sua sponte by the judge due to discovery noncompliance, without considering less drastic alternatives, was not supported by manifest necessity. Therefore, a subsequent retrial and conviction violated the Double Jeopardy Clause.
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570 F.2d 511·
5th Cir.·
1978-02-09
·cited 36×
The court held that a non-attorney cannot file a habeas corpus petition as a "next friend" without establishing a satisfactory reason why the detained person cannot sign, and cannot engage in the unauthorized practice of law.
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A state prisoner petitioning for a writ of habeas corpus must exhaust state remedies by presenting the same claim to state courts that is urged in federal court.
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The court held that the doctrine of exhaustion of administrative remedies should not be applied in this case because its purposes are not served by requiring the petitioner to exhaust administrative remedies for purely legal questions that do not require agency expertise.
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483 F.2d 1131·
6th Cir.·
1973-08-31
·cited 36×
A United States Magistrate does not have the authority under the Federal Magistrates Act of 1968 to conduct evidentiary hearings in habeas corpus petitions, as this power is reserved for Article III judges.
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The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
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The court grants the petitioner the benefit of its decision, even if the issue of retroactive application is not considered.
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428 F.2d 1401·
3d Cir.·
1970-07-17
·cited 36×
A counseled guilty plea, even if motivated by a potentially coerced confession, is valid against collateral attack if the defendant cannot prove gross error by counsel.
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An erroneous sentence estimate by defense counsel, or a defendant's erroneous expectation based on such an estimate, does not render a guilty plea involuntary.
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419 F.2d 187·
6th Cir.·
1969-11-28
·cited 36×
The court held that the district court should have treated the petition as a mandamus action and ensured the Marine Corps followed its own regulations and procedures for reviewing the reservist's absences.
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The court held that exceptional circumstances, including significant delay and prior federal court involvement, warranted the District Court deciding the voluntariness of the petitioner's confessions, despite the general rule of exhausting state remedies.