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

• Williamson v. Dugger
  651 So. 2d 84· Fla.· 1994-11-10 ·cited 172×·via Habeas Corpus Petition
  Johnny Williamson, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 motion. The Florida Supreme Court affirmed the lower court's judgment, rejecting claims of ineffective assistance of counsel, prosecutorial misconduct, and i
• Roberts v. State
  568 So. 2d 1255· Fla.· 1990-09-06 ·cited 171×
  Rickey Bernard Roberts, a death row inmate convicted of first-degree murder, armed sexual battery, and armed kidnapping, sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and a writ of habeas corpus challenging his conviction and death sentence. The Flor
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 171×
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• Tompkins v. State
  994 So. 2d 1072· Fla.· 2008-11-07 ·cited 160×
  Wayne Tompkins, convicted in 1985 of the 1983 first-degree murder of 15-year-old Lisa DeCarr and sentenced to death, appealed the trial court's denial of his fourth and fifth successive postconviction motions under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Cou
• State v. Johnson
  483 So. 2d 420· Fla.· 1986-02-06 ·cited 160×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that a defendant's double jeopardy rights are not waived by failing to raise the defense before a second trial, and that the state violated the double jeopardy clause when it set aside an unconditionally accepted plea and retried the defendant on th
• The State OF Tex. & Dr. George J. Beto v. Payton
  390 F.2d 261· 5th Cir.· 1968-02-12 ·cited 160×
  The Court held that the District Court erred in granting habeas corpus solely on the basis of a failure to warn the petitioner of his right to remain silent, as Escobedo's holding was limited to the Sixth Amendment right to counsel and did not apply retroactively to trials before
• Torres-Arboleda v. Dugger
  636 So. 2d 1321· Fla.· 1994-04-21 ·cited 159×·via Writ Of Habeas Corpus
  Oscar Torres-Arboleda, a death row inmate, challenged his conviction and sentence for first-degree murder through a Rule 3.850 postconviction motion and habeas petition. The Florida Supreme Court found his trial counsel rendered ineffective assistance during the penalty phase by
• Koon v. Dugger
  619 So. 2d 246· Fla.· 1993-03-25 ·cited 157×
  Raymond Leon Koon, a death row inmate, appealed the denial of his postconviction relief motion and habeas corpus petition challenging his 1979 murder conviction and death sentence. The Florida Supreme Court affirmed the denial, finding most claims procedurally barred and rejectin
• Hammond v. Lenfest
  398 F.2d 705· 2d Cir.· 1968-06-10 ·cited 154×
  The court should not intervene in military justice matters until military remedies are exhausted.
• Ervin McCRAY v. State
  699 So. 2d 1366· Fla.· 1997-10-09 ·cited 151×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is presumed to be the result of unreasonable delay and prejudicial to the state if filed more than five years after the conviction becomes final.
• Wyndel R. Hall v. Sec'y, Dep't of Corr.
  309 F. 3d 770· 11th Cir.· 2019-04-12 ·cited 148×
  The Eleventh Circuit held that a deficient state post-conviction motion, dismissed with leave to amend, relates back to the original filing date under Florida law, thus tolling the AEDPA statute of limitations for the entire period the motion was pending, including the time betwe
• Corbblin Bush v. State
  945 So. 2d 1207· Fla.· 2006-12-21 ·cited 148×·via Writ Of Habeas Corpus
  Bush sought review of a district court decision dismissing his mandamus petition challenging a sentence-reducing credit determination by the Florida Department of Corrections. The Florida Supreme Court clarified that mandamus is the proper remedy for such challenges, that venue l
• Dorsey v. Gill
  148 F.2d 857· D.C. Cir.· 1945-02-26 ·cited 148×
  The court held that a habeas corpus petition must establish a prima facie case by alleging specific facts showing illegality of restraint, not mere general conclusions or disappointed expectations.
• State v. Dieter Riechmann
  777 So. 2d 342· Fla.· 2000-02-24 ·cited 147×
  The Florida Supreme Court affirmed a trial court order vacating Dieter Riechmann's death sentence and granting a new sentencing proceeding, finding that trial counsel was ineffective at the penalty phase for failing to investigate and present available mitigating evidence, and th
• Zack v. State
  911 So. 2d 1190· Fla.· 2005-07-07 ·cited 146×·via Writ Of Habeas Corpus
  Michael Duane Zack, a death row inmate, appealed an order denying postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and rejected all claims of ine
• State v. Meyer
  430 So. 2d 440· Fla.· 1983-03-31 ·cited 146×
  The Florida Supreme Court consolidated six cases involving defendants whose court-appointed counsel failed to timely file notices of appeal. The Court approved granting habeas corpus relief allowing belated appellate review, but rejected the lower courts' rationale that imputed t
• Pettway v. McNEIL
  987 So. 2d 20· Fla.· 2008-05-22 ·cited 144×
  The Florida Supreme Court sanctioned an inmate for abuse of process after he filed twenty separate petitions in the Court since 1995 regarding his conviction and sentences, all of which were denied or found procedurally barred. The Court barred him from filing future pro se plead
• State v. Trowell
  739 So. 2d 77· Fla.· 1999-05-27 ·cited 143×
  The Florida Supreme Court held that defendants who pleaded guilty seeking belated appeals need only allege that they timely requested counsel to file a notice of appeal and that counsel failed to do so, without needing to allege that the appeal presents potentially meritorious is
• State v. Arthur
  390 So. 2d 717· Fla.· 1980-11-20 ·cited 143×·via Habeas Corpus Petition
  The Florida Supreme Court held that trial courts retain discretion to grant bail to defendants charged with capital offenses or life imprisonment when proof of guilt is evident or presumption is great, and that the state bears the burden of establishing these prerequisites before
• MacKENNA v. Ellis
  289 F.2d 928· 5th Cir.· 1961-05-02 ·cited 142×·via Writ Of Habeas Corpus
  The court modified its prior decision on rehearing en banc, substituting new directions for the disposition of the petitioner.
• Asay v. State
  210 So. 3d 1· Fla.· 2016-12-22 ·cited 141×
  Mark James Asay, a death row inmate, challenged his death sentence on grounds including retroactive application of Hurst v. Florida (which requires jury findings for capital sentencing), newly discovered evidence, Brady violations, and lack of effective counsel. The Florida Supre
• United States ex rel. Luther Miller v. Twomey
  479 F.2d 701· 7th Cir.· 1973-05-16 ·cited 141×·via Habeas Corpus Petition
  The dissenting judge would reverse the dismissal of claims alleging cruel and unusual punishment due to reckless endangerment and apply the full procedural safeguards of Morrissey v. Brewer to parole and good time revocation proceedings.
• Sumnar Robert Brewster v. Hetzel
  913 F.3d 1042· 11th Cir.· 2019-01-22 ·cited 140×
  Brewster was convicted of armed robbery after a trial in which his jury became deadlocked, repeatedly reporting over two days that it could not reach a unanimous verdict (at one point 11-1 for conviction), and the trial judges repeatedly instructed the jury to continue deliberati
• Crosley A. Green v. State
  975 So. 2d 1090· Fla.· 2008-01-31 ·cited 140×·via Writ Of Habeas Corpus
  Crosley Green appealed his first-degree murder conviction and death sentence, raising numerous claims including Brady violations, newly discovered evidence, and ineffective assistance of counsel. The Florida Supreme Court affirmed the conviction but granted a new penalty phase be
• Schoenwetter v. State
  46 So. 3d 535· Fla.· 2010-07-01 ·cited 139×
  Randy Schoenwetter, convicted of murdering two members of a family he knew and attempting to murder a third, challenges his death sentence through postconviction relief and habeas corpus, arguing ineffective assistance of counsel during pretrial and penalty phases, constitutional
• Parker v. State
  904 So. 2d 370· Fla.· 2005-03-24 ·cited 139×·via Writ Of Habeas Corpus
  Dwayne Parker, a death row inmate, appealed the trial court's summary denial of his Rule 3.851 motion for postconviction relief and filed a concurrent habeas corpus petition. The Florida Supreme Court reversed in part and remanded for an evidentiary hearing on ineffective assista
• Arbelaez v. State
  898 So. 2d 25· Fla.· 2005-01-27 ·cited 137×
  Guillermo Arbelaez, a death row inmate convicted of murdering a five-year-old child in 1991, challenged his death sentence on grounds of ineffective assistance of trial counsel during the penalty phase, specifically regarding the presentation of mitigation evidence about his epil
• Adams v. Louie L. Wainwright
  709 F.2d 1443· 11th Cir.· 1983-07-18 ·cited 137×·via Habeas Corpus Petition
  The court held that the petitioner failed to establish ineffective assistance of counsel and that the imposition of the death penalty was not unconstitutional, affirming the denial of the writ of habeas corpus.
• Foster v. State
  614 So. 2d 455· Fla.· 1992-10-22 ·cited 136×·via Habeas Corpus Petition
  Charles Kenneth Foster appeals his death sentence imposed after resentencing. The Florida Supreme Court affirmed the denial of his postconviction motion for procedural and substantive reasons, but vacated and remanded his death sentence because the trial court's resentencing orde
• Hiers v. Mitchell
  95 Fla. 345· Fla.· 1928-02-22 ·cited 135×·via Habeas Corpus Proceedings
  The Florida Supreme Court reversed a lower court decision that held Chapter 12412, Acts of 1927 (an automobile tire and tube dealer license tax) unconstitutional. The court upheld the statute against multiple constitutional challenges, including claims that it violated the title
• Thompson v. Louie L. Wainwright
  787 F.2d 1447· 11th Cir.· 1986-04-10 ·cited 134×
  The court held that while counsel's failure to investigate Thompson's background was deficient, it did not prejudice Thompson under the Strickland standard because the overwhelming aggravating circumstances would have led to the same death sentence. The court also found no merit
• Baty v. Balkcom
  661 F.2d 391· 5th Cir.· 1981-11-16 ·cited 131×·via Habeas Corpus Petition
• Marsden v. Louie Moore
  847 F.2d 1536· 11th Cir.· 1988-06-28 ·cited 130×
  The court held that the district court did not err in denying the habeas corpus petition, as the defendant failed to demonstrate prejudice from pretrial publicity or violations of his constitutional rights regarding identification procedures or compelled physical evidence display
• Alvord v. Louie L. Wainwright
  725 F.2d 1282· 11th Cir.· 1984-02-10 ·cited 130×·via Habeas Corpus Petition
  The Eleventh Circuit reversed the district court's grant of habeas corpus on the death sentence, finding that reliance on a non-statutory aggravating factor (future dangerousness) was not constitutional error under Supreme Court precedent. The court also affirmed the denial of ha
• Dufour v. State
  905 So. 2d 42· Fla.· 2005-04-14 ·cited 128×
  Donald Dufour appeals denial of his postconviction motion for relief from his 1986 death sentence for first-degree murder and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all relief, finding that trial counsel's performance was not i
• Foster v. State
  810 So. 2d 910· Fla.· 2002-02-14 ·cited 128×·via Writ Of Habeas Corpus
  Charles Kenneth Foster, a death row inmate, appealed the trial court's summary denial of his fourth Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas cor
• Provenzano v. Dugger
  561 So. 2d 541· Fla.· 1990-04-26 ·cited 128×·via Habeas Corpus Petition
  Thomas Provenzano, convicted of murder and attempted murder after shooting in a courthouse, challenges his death sentence through postconviction relief and habeas corpus petitions. The Florida Supreme Court affirms the denial of postconviction relief but orders disclosure of cert
• Lightbourne v. Dugger
  829 F.2d 1012· 11th Cir.· 1987-09-18 ·cited 128×
  The court held that the informant's actions were attributable to the state and that the informant deliberately elicited incriminating statements, violating the defendant's Sixth Amendment right to counsel.
• McArthur Breedlove v. Singletary
  595 So. 2d 8· Fla.· 1992-01-23 ·cited 127×
  McArthur Breedlove, a death row inmate challenging his conviction and sentence for first-degree murder committed during a residential burglary, petitioned for habeas corpus and appealed the summary denial of his postconviction motion. The Florida Supreme Court denied most claims
• Darrian Bryant v. Ford
  967 F.3d 1272· 11th Cir.· 2020-08-03 ·cited 126×
  The Eleventh Circuit held that the district court abused its discretion by sua sponte dismissing a habeas petition as untimely without providing proper safeguards or using the correct operative date for calculating the statute of limitations.
• Bryant v. State
  901 So. 2d 810· Fla.· 2005-04-28 ·cited 126×
  Byron Bryant challenges a circuit court order striking his initial postconviction motion and, alternatively, denying his Rule 3.851 motion for postconviction relief. The Florida Supreme Court holds that the trial court abused its discretion by striking the motion without granting
• Pate v. Holman
  341 F.2d 764· 5th Cir.· 1965-02-16 ·cited 126×·via Habeas Corpus Petition
  The court held that a prisoner is entitled to an evidentiary hearing to determine if indigency prevented him from obtaining appellate counsel after his trial attorney withdrew and he could not afford to hire another.
• Walls v. State
  926 So. 2d 1156· Fla.· 2006-02-09 ·cited 125×·via Writ Of Habeas Corpus
  Frank A. Walls, convicted of two murders and sentenced to death, appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus. The Florida Supreme Court affirms the trial court's denial of post-convicti
• Robert v. Bruce
  483 F.2d 1031· 5th Cir.· 1973-09-06 ·cited 124×
• Bradley v. State
  33 So. 3d 664· Fla.· 2010-01-07 ·cited 123×
  Donald Bradley appeals the denial of his Rule 3.851 motion for postconviction relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for a 1995 murder-for-hire. The Florida Supreme Court affirms the denial of his postconviction
• Downs v. Moore
  801 So. 2d 906· Fla.· 2001-09-26 ·cited 122×
  Ernest Charles Downs petitioned for habeas corpus relief on grounds of ineffective assistance of appellate counsel, raising twelve claims. The Florida Supreme Court denied the petition, finding that appellate counsel was not deficient under Strickland standards because the claims
• Raley v. State
  675 So. 2d 170· Fla. 5th DCA· 1996-05-10 ·cited 122×
  Wayne Raley appealed a trial court's summary denial of his habeas corpus petition challenging his sexual battery sentence as illegal. The court affirmed the denial of habeas corpus relief and most of the Rule 3.800(a) post-conviction claims, but vacated the trial court's improper
• Diggs v. Welch
  148 F.2d 667· D.C. Cir.· 1945-02-26 ·cited 121×
• Kephart v. Hadi
  932 So. 2d 1086· Fla.· 2006-06-08 ·cited 120×
  The Florida Supreme Court held that probable cause petitions under the Jimmy Ryce Act for involuntary civil commitment of sexually violent predators must be supported by sworn proof, but such proof need not be provided by a mental health professional—the state attorney may swear
• Hildwin v. Dugger
  654 So. 2d 107· Fla.· 1995-01-19 ·cited 120×
  Paul Christopher Hildwin, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion and petitioned for habeas corpus relief. The Florida Supreme Court found that trial counsel was ineffective during the penalty phase for failing to investigate and presen