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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The court held that a confession obtained after an illegal arrest is admissible if the taint of the arrest is sufficiently attenuated by intervening circumstances, and that a suspect's subjective belief of immunity, absent police misrepresentation, does not render a Miranda waive
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795 F.2d 1524·
11th Cir.·
1986-08-11
·cited 34×
The court held that the petitioner's claims of ineffective assistance of counsel and prosecutorial misconduct lacked merit, affirming the denial of his habeas corpus petition.
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The court held that the district court properly granted habeas corpus relief based on ineffective assistance of counsel at the sentencing phase due to failure to present mitigating evidence.
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793 F.2d 898·
7th Cir.·
1986-06-19
·cited 34×
An attorney's decision to reject a plea agreement, made in consultation with the client's parents and based on the client's confused mental state, does not constitute ineffective assistance of counsel, even if the client was not the ultimate decision-maker.
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The court held that the county's bookmobile/paralegal system for inmate access to courts was inadequate under Bounds v. Smith, but reversed the magistrate's order regarding visitation facilities, finding them not constitutionally deficient. The court also affirmed the magistrate'
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753 F.2d 869·
11th Cir.·
1985-01-28
·cited 34×
The court affirmed the district court's denial of the habeas corpus petition, finding the claims were successive and lacked merit, but granted a brief stay of execution to allow for a petition to the Supreme Court.
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The court held that the petitioner's counsel's belief about the limitations on mitigating evidence was reasonable at the time, and the petitioner was not denied an individualized sentencing hearing. The court also held that the death sentence was not imposed as punishment for ref
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The court held that Parole Commission guidelines are not 'laws' for ex post facto clause purposes, but remanded for clarification on whether the Commission abused its discretion, potentially as a due process violation.
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The court is compelled to concur in directing the writ to issue, finding no indication that the defendant initiated contact with officers after requesting counsel.
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The court held that the alibi instruction unconstitutionally shifted the burden of persuasion, but the double jeopardy claim was barred because the defendant's own motion necessitated the mistrial, and the failure to transcribe a hearing did not violate due process.
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The court held that findings of non-existence of certain aggravating circumstances at an initial sentencing hearing, if based on evidence similar to that supporting a conviction, function as acquittals for double jeopardy purposes and cannot be revisited on resentencing.
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660 F.2d 983·
4th Cir.·
1981-09-21
·cited 34×
The court held that the district court exceeded its powers by reviewing the Parole Commission's determination for abuse of discretion and that the Commission did not violate its statutory mandate in promulgating or applying its parole guidelines.
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641 F.2d 8·
1st Cir.·
1981-02-12
·cited 34×
The court held that the petitioner had not exhausted state remedies for his broad claim of ineffective assistance of counsel at the time he filed his federal habeas corpus petition.
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The court held that a defendant is denied due process when the state fails to correct false testimony, even if the defendant's counsel knew of the falsity and failed to correct it due to a conflict of interest. The court also held that the defendant was denied effective assistanc
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599 F.2d 673·
5th Cir.·
1979-07-27
·cited 34×
The court held that a prior conviction's collateral consequences were too speculative and remote to establish federal habeas corpus jurisdiction after the sentence for that conviction had expired.
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599 F.2d 666·
5th Cir.·
1979-07-27
·cited 34×
The United States Parole Commission is not required to grant parole based solely on superior institutional adjustment, and its written reasons for denial substantially complied with statutory requirements.
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589 F.2d 424·
9th Cir.·
1978-11-08
·cited 34×
The court held that Miranda warnings were required in this prison setting.
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The court affirmed the denial of the writ of habeas corpus, holding that the petitioner failed to exhaust state remedies for his Sixth Amendment claim and that his Eighth Amendment claims lacked merit.
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509 F.2d 304·
8th Cir.·
1975-01-31
·cited 34×
The court held that the denial of a continuance, which prevented defense counsel from adequately preparing for trial, amounted to a denial of the Sixth Amendment right to effective assistance of counsel.
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The court held that a parole revocation hearing is not required until a parole revocation warrant is executed, and incarceration in a state institution is a valid reason for delay in execution.
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496 F.2d 701·
5th Cir.·
1974-06-13
·cited 34×
The court held that bail should only be granted pending postconviction habeas corpus review when substantial constitutional claims with a high probability of success are raised, along with extraordinary circumstances making the remedy effective.
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468 F.2d 340·
2d Cir.·
1972-10-03
·cited 34×
The court held that the Army's order recalling the appellant to active duty was valid, despite the Army's delay and the appellant's mistaken belief that his enlistment had expired.
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An administrative reinterpretation of parole eligibility rules that disadvantages a prisoner, applied retroactively, violates the ex post facto clause.
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The dissenting judge would find that the petitioner was denied effective assistance of counsel due to counsel's failure to investigate and present a viable insanity defense.
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The court held that undue delay in asserting a constitutional right does not constitute a waiver if there is no intentional relinquishment of a known right.
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434 F.2d 623·
5th Cir.·
1970-11-11
·cited 34×
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The court held that the petitioner's claims regarding identification procedures and denial of counsel did not violate his due process rights, and his claims regarding appeal coercion were frivolous.
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429 F.2d 630·
6th Cir.·
1970-06-05
·cited 34×
The dissenting judge would hold that the trial judge's awareness of the petitioner's mental state and behavior created a bona fide doubt regarding his competence to stand trial, necessitating a sua sponte inquiry.
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The court affirmed the denial of habeas corpus relief, finding no constitutional infringement regarding the waiver of appeal, the constitutionality of the felony murder statute, or the denial of a transcript for exploratory purposes.
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421 F.2d 331·
1st Cir.·
1970-01-13
·cited 34×
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The majority improperly made new factual findings instead of remanding for an evidentiary hearing, and erred in granting the writ.
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410 F.2d 325·
5th Cir.·
1969-04-09
·cited 34×
The Fifth Circuit holds that the right to court-appointed counsel, as articulated in Harvey v. Mississippi, applies to petty offenses and is alive and well in the circuit.
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A prior conviction obtained without counsel, or with an invalid sentence due to lack of counsel, cannot be used to enhance punishment under a habitual criminal statute.
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The court held that the state failed to establish probable cause for a warrantless search, even with additional evidence presented at the hearing.
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The court held that the petitioner's appeal should be reviewed on its merits, despite procedural irregularities, to avoid prejudice.
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402 F.2d 853·
3d Cir.·
1968-10-28
·cited 34×
The court held that the prosecution bears the burden of proving a guilty plea's voluntariness when a coerced confession may have influenced it.
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351 F.2d 61·
10th Cir.·
1965-09-21
·cited 34×
The court held that the appellant waived his right to a preliminary hearing and service of the information by knowingly and understandingly entering a guilty plea, and that his counsel was not ineffective.
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The court held that the defendant's privilege against self-incrimination was not violated, and that filing separate income tax returns for community income constituted separate offenses. Habeas corpus was also denied as the defendant had not shown the statutory remedy to be inade
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303 F.2d 507·
4th Cir.·
1962-05-18
·cited 34×
The court held that the District Court erred in denying the petition for a writ of habeas corpus without a hearing, as the allegations of ineffective assistance of counsel, if true, present a substantial constitutional issue.
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The Florida District Court of Appeal reversed a circuit court's discharge of a patient from psychiatric hospitalization, holding that the circuit court lacked jurisdiction to review the propriety of a county judge's commitment order on habeas corpus. The decision clarifies that h
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The majority opinion, which the dissenting judge disagrees with, found that two claims presented grounds for habeas corpus relief.
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A circuit judge cannot entertain a habeas corpus petition under 28 U.S.C. § 2241 if the prisoner is eligible for relief under 28 U.S.C. § 2255, as § 2255 provides the exclusive remedy unless it is shown to be inadequate or ineffective.
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194 F.2d 32·
8th Cir.·
1952-02-05
·cited 34×
Federal courts cannot supervise or interfere with the discipline of federal prisoners through habeas corpus proceedings; their power is limited to determining the legality of detention.
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A Panama City police chief sought to enforce an ordinance prohibiting consumption of beer in licensed businesses during wartime, but the Florida Supreme Court discharged the defendant on habeas corpus, holding the ordinance unconstitutionally vague because it failed to clearly de
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The Eleventh Circuit held that the Florida Supreme Court's determination regarding the petitioner's Miranda rights was potentially unreasonable, particularly concerning the custody analysis, but ultimately found that Miranda warnings were not required because the petitioner was n
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926 F.3d 1283·
11th Cir.·
2019-06-13
·cited 33×
The court held that the improper inclusion of irrelevant documents in the administrative record and its subsequent supplementation were harmless errors, and that USCIS's decision not to exercise jurisdiction over the asylum claim was rational and not arbitrary or capricious.
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197 So. 3d 1051·
Fla.·
2016-06-30
·cited 33×
Charles Grover Brant appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus following his death sentence for the murder and sexual assault of Sara Radfar. The Florida Supreme Court affirms the deni
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Neil Salazar was convicted of first-degree murder and sentenced to death for the 2000 killing of Evelyn Nutter during a home invasion and robbery. The Florida Supreme Court affirmed his conviction but remanded for a new penalty phase due to ineffective assistance of counsel for f
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Kelvin Leon Reed was convicted of vehicular homicide for striking two pedestrians while driving under the influence and sentenced to 35 years' imprisonment. Reed claimed his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to investigate and
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70 So. 3d 472·
Fla.·
2011-04-28
·cited 33×
Ray Lamar Johnston appeals the trial court's denial of his motion for postconviction relief from his conviction and death sentence for first-degree murder. The Florida Supreme Court affirms the denial, rejecting Johnston's ineffective assistance of counsel claims and his habeas p