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

• Maes v. Patterson
  401 F.2d 200· 10th Cir.· 1968-10-02 ·cited 36×
  A federal court cannot summarily dismiss a state prisoner's habeas corpus petition without independently reviewing the state court's record and determining if due process was observed.
• Gale H. Johnson v. Bennett
  386 F.2d 677· 8th Cir.· 1967-11-28 ·cited 36×·via Habeas Corpus Petition
  The court held that the defendant's conviction was not tainted by the knowing use of perjured testimony, suppression of evidence, or an erroneous alibi instruction, and thus affirmed the denial of habeas corpus relief.
• Brown v. Hon. Robert S. McNAMARA
  387 F.2d 150· 3d Cir.· 1967-11-24 ·cited 36×
• Buchanan v. Olin G. Blackwell
  372 F.2d 451· 5th Cir.· 1967-02-15 ·cited 36×·via Habeas Corpus Petition
  The court held that the Parole Board's authority to issue a warrant for a mandatory releasee is not vitiated by a delay in its execution, as long as the warrant was issued within the maximum term of the original sentence.
• Davis v. The Honorable James H. Davis
  361 F.2d 770· 5th Cir.· 1966-05-31 ·cited 36×·via Habeas Corpus Petition
  The court held that the systematic exclusion of Negroes from jury service, evidenced by the jury commissioners' failure to familiarize themselves with qualified Negro jurors, rendered the grand and petit jury selection processes unconstitutional. The court also found that the adm
• Smoake v. Willingham
  359 F.2d 386· 10th Cir.· 1966-04-07 ·cited 36×
  The court held that a federal prisoner must exhaust administrative remedies before seeking habeas corpus relief for the forfeiture of good time, and that judicial review is limited to instances of arbitrary or capricious action by prison authorities.
• Colliflower v. Garland
  342 F.2d 369· 9th Cir.· 1965-02-04 ·cited 36×·via Writ Of Habeas Corpus
  The district court erred in quashing the writ of habeas corpus, as federal courts do have jurisdiction to inquire into the legality of imprisonment by tribal courts.
• Harris v. Settle
  322 F.2d 908· 8th Cir.· 1963-10-03 ·cited 36×
  The court held that the district court properly denied the petition for a writ of habeas corpus because the allegations did not rise to the level of cruel and unusual punishment.
• Petition for Writ of Habeas Corpus for Walter J. Sawyer. Walter J. Sawyer v. Barczak
  229 F.2d 805· 7th Cir.· 1956-01-12 ·cited 36×·via Habeas Corpus Petition
  The court held that the exclusion of attorney-client communication offered to show a crime was error, but it was not prejudicial because the testimony was cumulative and did not prove the prosecutor's knowledge of perjury. The court also held that the petitioner was not denied a
• Stewart v. Overholser
  186 F.2d 339· D.C. Cir.· 1950-11-09 ·cited 36×·via Writ Of Habeas Corpus
  The court held that a substantial passage of time (twenty months) since a prior determination of mental incompetency, coupled with continued institutionalization, presents a new factual issue of present sanity, requiring a hearing on a habeas corpus petition.
• Peters v. State
  128 So. 3d 832· Fla. 4th DCA· 2013-11-20 ·cited 35×
  Keith Peters, convicted as a juvenile for multiple armed robberies and sentenced to 99 years imprisonment, challenges his sentence on appeal. The court reverses and remands for resentencing, finding that Florida's sentencing statutes create an unconstitutional anomaly under the E
• Rimmer v. State
  59 So. 3d 763· Fla.· 2010-12-16 ·cited 35×·via Habeas Corpus Petition
  Robert Rimmer appeals the circuit court's denial of postconviction relief and petitions for habeas corpus following his conviction and death sentence for two murders during an armed robbery. The Florida Supreme Court affirms the denial of postconviction relief and denies the habe
• Rutherford v. McDONOUGH
  466 F.3d 970· 11th Cir.· 2006-10-05 ·cited 35×·via Habeas Corpus Petition
  The Eleventh Circuit affirmed the district court's dismissal of Arthur Rutherford's § 1983 lawsuit challenging Florida's three-drug lethal injection protocol. Despite the Supreme Court's decision in Hill v. McDonough, which rendered one of the district court's dismissal grounds i
• Lamarca v. State
  931 So. 2d 838· Fla.· 2006-04-20 ·cited 35×·via Writ Of Habeas Corpus
  Anthony Lamarca was convicted of first-degree murder and sentenced to death after representing himself during the penalty phase and waiving mitigation evidence. On post-conviction review, the Florida Supreme Court affirmed the denial of his Rule 3.851 motion and petition for habe
• Blankenship v. Dugger
  521 So. 2d 1097· Fla.· 1988-03-10 ·cited 35×
  A state prisoner convicted of sexual battery seeks habeas corpus relief, challenging section 944.276's exclusion of certain felons from administrative gain time as an ex post facto violation. The Florida Supreme Court denies the petition, holding that the statute does not violate
• Lenson A. Hargrave v. Dugger
  832 F.2d 1528· 11th Cir.· 1987-11-13 ·cited 35×·via Habeas Corpus Petition
  The court held that federal courts should proceed to the merits of a Lockett claim if Florida courts have indicated they will not apply procedural default rules to such claims.
• Tuitt v. Fair
  822 F.2d 166· 1st Cir.· 1987-06-04 ·cited 35×
  The court held that the trial court did not err in denying the defendant's motions for a continuance and for substitute counsel, nor in conditioning his right to proceed pro se on an unequivocal waiver of his right to counsel.
• Lincoln v. Franklin Y.K. Sunn
  807 F.2d 805· 9th Cir.· 1987-01-06 ·cited 35×·via Habeas Corpus Petition
  The court held that the district court erred in denying habeas corpus relief without an evidentiary hearing and lacked sufficient findings to affirm the denial. The court reversed and remanded for further proceedings on prosecutorial misconduct and notice issues.
• Hayes v. Kincheloe
  784 F.2d 1434· 9th Cir.· 1986-03-19 ·cited 35×
  A guilty plea is involuntary if the defendant does not receive actual notice of the true nature of the charge against him or possess an understanding of the law in relation to the facts.
• Barber v. Ponte
  772 F.2d 982· 1st Cir.· 1985-04-04 ·cited 35×·via Writ Of Habeas Corpus
  The dissenting judge believes the majority opinion is unsupported by law or the record.
• Gibson v. Zant
  705 F.2d 1543· 11th Cir.· 1983-05-31 ·cited 35×·via Habeas Corpus Petition
  The court held that the district court correctly granted the writ of habeas corpus because the petitioner's grand and trial juries were drawn from a venire that unconstitutionally excluded women and blacks.
• Washington v. Strickland
  673 F.2d 879· 5th Cir.· 1982-04-23 ·cited 35×·via Habeas Corpus Proceedings
  The court held that a defendant's attorney's tactical decisions, even if unsuccessful in retrospect, do not constitute ineffective assistance of counsel if they were reasoned professional judgments.
• Welsh v. Mizell
  668 F.2d 328· 7th Cir.· 1982-01-12 ·cited 35×
  The court held that the retrospective application of Illinois' 1973 parole criteria, which shifted focus from individual deterrence to general deterrence and the seriousness of the offense, violated the Ex Post Facto Clause of the United States Constitution.
• Boyd v. Estelle
  661 F.2d 388· 5th Cir.· 1981-11-13 ·cited 35×·via Habeas Corpus Petition
  The court held that the appellant failed to demonstrate either a serious default by his trial counsel or prejudice to the fairness of his trial, thus rejecting his Sixth Amendment claim.
• Baxter v. Estelle
  614 F.2d 1030· 5th Cir.· 1980-04-03 ·cited 35×·via Habeas Corpus Petition
  The court affirmed the denial of habeas corpus relief, finding that claims related to prison disciplinary proceedings were unexhausted, claims regarding prior convictions were barred by laches, and the claim challenging a statutory presumption lacked standing due to a guilty plea
• Leonard v. Louie L. Wainwright
  601 F.2d 807· 5th Cir.· 1979-08-29 ·cited 35×·via Habeas Corpus Petition
  The court held that a federal habeas corpus petition was properly dismissed without prejudice for failure to exhaust state remedies, as indicated by the petitioner's own response on the application form.
• Jackson v. Estelle
  570 F.2d 546· 5th Cir.· 1978-03-31 ·cited 35×
  The district court erred in denying habeas relief without an evidentiary hearing and in applying Habeas Corpus Rule 9(a) to a pre-1977 petition.
• Thomas v. Savage
  513 F.2d 536· 5th Cir.· 1975-05-23 ·cited 35×·via Habeas Corpus Petition
  The court held that the introduction of a prior uncounseled misdemeanor conviction at the punishment stage of a felony trial, even if constitutionally invalid, can be harmless error if the state proves beyond a reasonable doubt that it did not affect the sentence imposed.
• United States ex rel. William Stanbridge v. Zelker
  514 F.2d 45· 2d Cir.· 1975-04-15 ·cited 35×·via Writ Of Habeas Corpus
  The court held that the district judge erred in granting a writ of habeas corpus based on the Bruton rule, as the confessions of co-defendants interlocked and did not violate the petitioner's Sixth Amendment rights. The court affirmed the denial of the other habeas corpus claims.
• Pugh v. Rainwater
  483 F.2d 778· 5th Cir.· 1973-08-15 ·cited 35×·via Writ Of Habeas Corpus
  The court held that the Fourteenth Amendment requires arrestees held for trial upon informations filed by the state attorney to be afforded preliminary hearings before a judicial officer without unnecessary delay, and that Florida's practice of allowing the state attorney's certi
• Horsley v. Simpson
  400 F.2d 708· 5th Cir.· 1968-09-16 ·cited 35×
  The court held that the district court erred in finding the appellant deliberately waived his right to appeal, and that he was denied his constitutional right to a direct appeal due to a mutual misunderstanding with counsel.
• Smith v. Heard
  315 F.2d 692· 5th Cir.· 1963-04-04 ·cited 35×
  The court held that the district court's findings of fact and conclusions of law were not clearly erroneous, and therefore, the denial of the petition for a writ of habeas corpus was affirmed.
• Kennedy v. Reid
  249 F.2d 492· D.C. Cir.· 1957-10-08 ·cited 35×
  The court held that the District Court had the authority to correct clerical errors in commitment papers to reflect the actual consecutive sentences pronounced, and that reversal was not required despite the prisoner's absence during the correction.
• Griffin v. State
  114 So. 3d 890· Fla.· 2013-05-16 ·cited 34×
  Michael Joseph Griffin, convicted of two counts of first-degree murder and sentenced to death, appealed his conviction and sentence, raising claims of ineffective assistance of counsel regarding his guilty plea and penalty phase, Brady violations, and sentence disparity. The Flor
• James v. Tucker
  75 So. 3d 231· Fla.· 2011-10-27 ·cited 34×
  The court held that the inmate's pro se petition was frivolous and that the clerk should reject future filings related to the specific case unless signed by an attorney.
• Johnson v. State
  44 So. 3d 198· Fla. 4th DCA· 2010-09-15 ·cited 34×
  The court held that the appellant's post-conviction petition and subsequent appeal were frivolous, abusive, and not brought in good faith, warranting referral for disciplinary procedures.
• Holland v. State
  916 So. 2d 750· Fla.· 2005-11-10 ·cited 34×·via Writ Of Habeas Corpus
  Albert Holland appeals the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for killing a police officer during an attempted robbery and s
• State v. Donn A. Duncan
  894 So. 2d 817· Fla.· 2004-11-24 ·cited 34×
  Duncan, convicted of murdering his fiancée in 1990 and sentenced to death, appealed the trial court's grant of a new penalty phase based on ineffective assistance of counsel. The Florida Supreme Court affirmed, holding that penalty phase counsel was ineffective for failing to pre
• Dillbeck v. State
  882 So. 2d 969· Fla.· 2004-08-26 ·cited 34×
  Donald Dillbeck, a death row inmate, appeals the denial of his post-conviction motion for relief under Florida Rule of Criminal Procedure 3.850, raising claims of ineffective assistance of counsel. The Florida Supreme Court affirms the denial of his claim that counsel conceded gu
• Gamble v. State
  877 So. 2d 706· Fla.· 2004-05-06 ·cited 34×·via Writ Of Habeas Corpus
  Guy Richard Gamble, sentenced to death for the 1991 murder of his landlord, challenged his conviction and sentence through post-conviction relief and habeas corpus petitions, arguing ineffective assistance of counsel and constitutional defects. The Florida Supreme Court affirmed
• Bresch v. Cal Henderson
  761 So. 2d 449· Fla. 2d DCA· 2000-06-02 ·cited 34×
  David Bresch petitioned for habeas corpus after being incarcerated for civil contempt for failure to pay child support pursuant to a domestic violence protection order. The Florida appellate court granted the petition and vacated the contempt order, finding the trial court violat
• Acencion Medrano v. State
  748 So. 2d 986· Fla.· 1999-10-14 ·cited 34×
  The Florida Supreme Court answered a certified question of great public importance: whether a defendant is entitled to file a belated Rule 3.850 collateral relief motion if he can prove his privately-retained counsel agreed to file a timely motion but failed to do so. The Court h
• Richardson v. Reno
  180 F.3d 1311· 11th Cir.· 1999-07-14 ·cited 34×·via Habeas Corpus Petition
  The Eleventh Circuit Court of Appeals reaffirmed its prior holding that amendments to the Immigration and Nationality Act (INA) by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) preclude district court jurisdiction to issue writs of habeas corpus under 2
• Scalf v. Singletary
  589 So. 2d 986· Fla. 2d DCA· 1991-11-13 ·cited 34×
  Scalf petitioned for habeas corpus seeking belated appellate review of a circuit court order denying postconviction relief, claiming he and his attorney never received notice of the order. The Florida Second District Court of Appeal granted the petition, holding that despite rece
• Smith v. McCORMICK
  914 F.2d 1153· 9th Cir.· 1990-09-07 ·cited 34×
  The court held that the defendant was not entitled to an independent adversarial psychiatrist at sentencing because he did not properly request one, and the Montana courts did not err in applying the death penalty statute.
• Agan v. Dugger
  835 F.2d 1337· 11th Cir.· 1987-12-30 ·cited 34×·via Habeas Corpus Petition
  The court held that the inmate's claims of incompetence and ineffective assistance of counsel warranted an evidentiary hearing, which had not been provided by the state court.
• Davis v. Kemp
  829 F.2d 1522· 11th Cir.· 1987-09-30 ·cited 34×·via Habeas Corpus Petition
  The court held that the district court did not abuse its discretion in considering a successive habeas petition and that the prosecutor's closing arguments did not render the sentencing fundamentally unfair. The court also found sufficient evidence for the rape conviction and rej
• Card v. Dugger
  512 So. 2d 829· Fla.· 1987-09-15 ·cited 34×·via Writ Of Habeas Corpus
  James Armando Card, under sentence of death, petitioned the Florida Supreme Court for a writ of habeas corpus and stay of execution scheduled for September 17, 1987. The Court denied all relief after addressing Card's claims regarding mitigating circumstances, ineffective assista
• Spradley v. Dugger
  825 F.2d 1566· 11th Cir.· 1987-08-31 ·cited 34×·via Habeas Corpus Petition
  The court held that a district court cannot dismiss a habeas petition sua sponte for abuse of the writ without providing the petitioner notice and an opportunity to respond.
• Stevie Cole v. Young
  817 F.2d 412· 7th Cir.· 1987-04-28 ·cited 34×
  A federal court cannot hold that a state court misunderstood state law, as state courts' interpretations define state law for federal purposes. A failure to follow state law does not automatically violate the Constitution.