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

• Shaver v. Ellis
  255 F.2d 509· 5th Cir.· 1958-05-29 ·cited 32×
  A petition for habeas corpus cannot be used to challenge a conviction based on newly discovered evidence of innocence, as such claims go to the merits of the conviction, not its legality.
• Caryl Chessman v. Harley O. Teets
  239 F.2d 205· 9th Cir.· 1956-10-18 ·cited 32×·via Application For Writ Of Habeas Corpus
• Dunn v. United States
  234 F.2d 219· 6th Cir.· 1956-06-18 ·cited 32×·via Writ Of Habeas Corpus
  The court held that the district court did not err in refusing to consider a successive motion to vacate sentence, as it was within the judge's discretion and the grounds were not new.
• Pelley v. United States
  214 F.2d 597· 7th Cir.· 1954-06-23 ·cited 32×·via Writ Of Habeas Corpus
  The court should reverse and remand for a hearing on the defendant's motion to set aside his conviction, specifically limited to the charge of conspiracy between his chief counsel and the prosecution.
• Garcia v. Steele
  193 F.2d 276· 8th Cir.· 1951-12-27 ·cited 32×
  A federal prisoner's claim of sanity, challenging confinement in a medical center for federal prisoners, does not present a question for judicial review via habeas corpus. The Attorney General's determination of suitability for confinement is exclusive.
• Melanson v. O'Brien
  191 F.2d 963· 1st Cir.· 1951-10-26 ·cited 32×·via Habeas Corpus Petition
  The court held that the petitioner was denied procedural due process under the Fourteenth Amendment by being forced to trial without adequate opportunity to secure counsel of his choice.
• Schechtman v. Foster
  172 F.2d 339· 2d Cir.· 1949-02-04 ·cited 32×
  The court held that a federal court will not ordinarily reexamine questions adjudicated by state courts, especially when the Supreme Court has denied certiorari, and that due process does not guarantee an infallible legal process.
• Sanders v. Bennett
  148 F.2d 19· D.C. Cir.· 1945-03-05 ·cited 32×
  A court in the District of Columbia lacks jurisdiction to issue a writ of habeas corpus against the Attorney General for a federal prisoner confined outside the District.
• United States ex rel. Phillips v. Downer
  135 F.2d 521· 2d Cir.· 1943-05-07 ·cited 32×·via Writ Of Habeas Corpus
  The dissenting judge believes the draft board's factual findings, if based on substantial evidence and fair deliberation, should be upheld, even if the evidence is equivocal.
• Jones v. Biddle
  131 F.2d 853· 8th Cir.· 1942-12-14 ·cited 32×·via Application For Writ Of Habeas Corpus
  The court held that a habeas corpus application must name the person with actual physical custody of the petitioner as the respondent, not a supervisor with only regulatory custody.
• Evangelista Lopez v. State
  68 So. 3d 332· Fla. 5th DCA· 2011-08-12 ·cited 31×
  Lopez petitioned for relief claiming his appellate counsel was ineffective for failing to raise that the standard jury instruction for manslaughter by act constituted fundamental error. The court agreed and granted the petition, vacating his second-degree murder conviction and re
• Trotter v. State
  932 So. 2d 1045· Fla.· 2006-05-25 ·cited 31×
  Melvin Trotter appeals the denial of his post-conviction motion and a finding that he is not mentally retarded in a 1986 murder case where he was sentenced to death. The Florida Supreme Court affirmed the circuit court's determinations and rejected Trotter's claims of ineffective
• Belgica Nubia Cruz v. State
  822 So. 2d 595· Fla. 3d DCA· 2002-08-16 ·cited 31×
  Bélgica Nubia Cruz petitioned for a writ of mandamus to quash a capias issued after she failed to appear in person at a pretrial conference, despite having filed a valid written waiver of appearance under Florida criminal procedure rules. The State confessed error, and the court
• Bennie Demps v. Dugger
  714 So. 2d 365· Fla.· 1998-04-09 ·cited 31×
  Bennie Demps, a death row inmate convicted of murdering a fellow inmate in 1976, challenged his death sentence through a third Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and rejected all claims of error, fi
• Rivera v. Dugger
  629 So. 2d 105· Fla.· 1993-10-28 ·cited 31×
  Samuel Rivera, a death-row inmate convicted of murdering a police officer, appealed the denial of his postconviction relief motion. The Florida Supreme Court affirmed his murder conviction but vacated his death sentence and remanded for resentencing because the trial court improp
• Creech v. A.J. Arave
  947 F.2d 873· 9th Cir.· 1991-03-27 ·cited 31×
  The panel erred in holding that Idaho's statutory aggravating factor of 'utter disregard for human life' is unconstitutionally vague, failing to give adequate deference to the Idaho Supreme Court's limiting construction.
• Walt v. Walt
  574 So. 2d 205· Fla. 1st DCA· 1991-01-23 ·cited 31×
  In this interstate child custody case, the Florida court reversed an order granting a writ of habeas corpus enforcing a Mississippi custody decree, holding that the Mississippi court failed to comply with the Uniform Child Custody Jurisdiction Act (UCCJA) jurisdictional requireme
• Russell v. Rolfs
  893 F.2d 1033· 9th Cir.· 1990-01-09 ·cited 31×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the state is estopped from arguing procedural default because it previously represented to the federal court that an adequate and available state remedy existed, which contradicted its later argument that the petitioner was procedurally barred in state court.
• Perry v. A.L. Lockhart
  871 F.2d 1384· 8th Cir.· 1989-04-10 ·cited 31×·via Habeas Corpus Petition
  The court held that the state trial court's erroneous limitation on compulsory process did not warrant habeas relief as the absent witnesses' testimony was not material. It also held that the death sentence was not invalid under Collins v. Lockhart, as subsequent Supreme Court pr
• Williams v. A.L. Lockhart
  862 F.2d 155· 8th Cir.· 1988-11-17 ·cited 31×
  The court held that Rule 9(b) governing successive petitions is not germane when counsel files the first petition without petitioner's consultation.
• Johnson v. Dugger
  523 So. 2d 161· Fla.· 1988-04-11 ·cited 31×·via Writ Of Habeas Corpus
  Marvin Johnson, a death row inmate with a second execution warrant signed, sought habeas corpus relief and a stay of execution. The Florida Supreme Court denied his petition after reviewing five claims of constitutional error, finding none of them meritorious or demonstrating gro
• Cikora v. Dugger
  840 F.2d 893· 11th Cir.· 1988-03-25 ·cited 31×
  The court held that the standard of review for the district court's conclusion on identification procedure suggestiveness is 'clearly erroneous'.
• Waterhouse v. State
  522 So. 2d 341· Fla.· 1988-02-11 ·cited 31×
  Robert Brian Waterhouse was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated his death sentence due to the trial court's failure to instruct the jury to consider nonstatutory mitigating circumstances, violating
• Copeland v. Louie L. Wainwright
  505 So. 2d 425· Fla.· 1987-04-09 ·cited 31×·via Habeas Corpus Petition
  Johnny Copeland, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his motion to vacate judgment and sentence. The Florida Supreme Court rejected all of Copeland's arguments, finding them either procedurally barred, previously decided, or la
• Cooper v. Louie L. Wainwright
  807 F.2d 881· 11th Cir.· 1986-12-19 ·cited 31×·via Habeas Corpus Petition
  The court held that the doctrine of Wainwright v. Sykes and Murray v. Carrier does not bar review of the petitioner's claim that the trial court unconstitutionally excluded mitigating evidence.
• Marrow v. United States
  772 F.2d 525· 9th Cir.· 1985-09-24 ·cited 31×
  A district court may not summarily dismiss a habeas corpus petition alleging matters outside the record that, if true, could justify setting aside a guilty plea, without an evidentiary hearing.
• Schwartzmiller v. Darrol Gardner
  752 F.2d 1341· 9th Cir.· 1984-12-20 ·cited 31×
  The court held that the statute was not unconstitutionally vague as applied to the defendant's conduct, but reversed the district court's finding of facial vagueness.
• Shaw v. Martin
  733 F.2d 304· 4th Cir.· 1984-04-26 ·cited 31×
  The court affirmed the denial of habeas corpus relief, finding no merit in claims of judicial bias, improper denial of an evidentiary hearing, or invalidity of the guilty plea.
• Owen v. Duckworth
  727 F.2d 643· 7th Cir.· 1984-02-08 ·cited 31×
  The court held that the district court's finding that the jury was not prejudiced by an external threat to a juror was clearly erroneous, violating the petitioner's constitutional right to an impartial jury.
• Martin v. Maggio
  711 F.2d 1273· 5th Cir.· 1983-08-15 ·cited 31×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the conviction or sentence.
• Mattes v. Gagnon
  700 F.2d 1096· 7th Cir.· 1983-02-16 ·cited 31×
  The court held that while the admission of prior testimony violated the Confrontation Clause, the error was harmless beyond a reasonable doubt, and the jury instructions on intent did not impermissibly shift the burden of proof.
• Jones v. Cardwell
  686 F.2d 754· 9th Cir.· 1982-09-07 ·cited 31×·via Habeas Corpus Petition
  The court held that a state court's consideration of a defendant's involuntary confession, obtained during a pre-sentence interview where the defendant was compelled to confess additional crimes, violates the Fifth Amendment privilege against self-incrimination.
• Bass v. Louie Wainwright
  675 F.2d 1204· 11th Cir.· 1982-05-10 ·cited 31×
  The court held that a prior dismissal of a habeas corpus petition based on a misapplication of law does not preclude a subsequent petition if the ends of justice would be served by reconsideration, and the petitioner must be given an opportunity to explain any failure to appeal t
• Lenson A. Hargrave v. State
  396 So. 2d 1127· Fla.· 1981-04-02 ·cited 31×·via Writ Of Habeas Corpus
  The court held that issues raised in a motion to vacate sentence were either raised or could have been raised on direct appeal, or involved changes in decisional law not cognizable in such a motion.
• Henson v. Estelle
  641 F.2d 250· 5th Cir.· 1981-03-30 ·cited 31×·via Habeas Corpus Petition
  The court held that a habeas petitioner's claims regarding a 1960 conviction were barred by Rule 9(a) due to prejudicial delay, but the 1948 conviction required an evidentiary hearing.
• Henson v. Wyrick
  634 F.2d 1080· 8th Cir.· 1980-11-12 ·cited 31×·via Habeas Corpus Petition
  The court held that a sheriff hand-picking jurors from his acquaintances, especially when his deputies investigated the crime, violates due process and the right to a fair jury.
• Richardson v. United States
  577 F.2d 447· 8th Cir.· 1978-06-15 ·cited 31×
  The court held that a defendant's conclusory allegations contradicting statements made during a guilty plea proceeding are insufficient for post-conviction relief without a valid reason for the contradiction. However, failure to inform a defendant of the maximum special parole te
• Der-Rong Chour v. Immigr. & Naturalization Serv.
  578 F.2d 464· 2d Cir.· 1978-04-28 ·cited 31×·via Writ Of Habeas Corpus
• In re Proposed Florida Appellate Rules
  351 So. 2d 981· Fla.· 1977-10-27 ·cited 31×·via Writ Of Habeas Corpus
  The Court adopts the Florida Rules of Appellate Procedure (1977 Revision) with specific amendments and directs their publication with accompanying commentary.
• United States ex rel. Norman Wilcox H-5413 v. Johnson
  555 F.2d 115· 3d Cir.· 1977-04-29 ·cited 31×
  A criminal defendant's statutory right to testify cannot be conditioned upon the waiver of their constitutional right to counsel; such a choice is an impermissible infringement.
• Fain v. Duff
  488 F.2d 218· 5th Cir.· 1973-12-07 ·cited 31×·via Writ Of Habeas Corpus
  The court's denial of rehearing en banc is dissented from, arguing the majority opinion improperly uses habeas corpus to prelitigate constitutional defenses in state criminal prosecutions.
• Granton Stanwood McHENRY v. People OF the State OF Cal.
  447 F.2d 470· 9th Cir.· 1971-08-24 ·cited 31×·via Habeas Corpus Petition
  The court held that a change in a defendant's status as a convicted felon after the date of firearm possession does not exempt them from prosecution under the relevant statute.
• State of Fla. ex rel. Louie L. Wainwright v. Holley
  234 So. 2d 409· Fla. 2d DCA· 1970-04-17 ·cited 31×·via Writ Of Habeas Corpus
  The State of Florida challenged a circuit court order requiring delivery of a parolee to the Sheriff of Pinellas County after the parolee filed a petition for writ of injunction challenging parole revocation proceedings. The court held that the circuit court lacked venue to hear
• United States ex rel. John G. O'Brien C-8019 v. Maroney
  423 F.2d 865· 3d Cir.· 1970-03-31 ·cited 31×
  A defendant represented by privately retained counsel who knows of his right to appeal and acquiesces in his counsel's decision not to appeal cannot claim a denial of due process or equal protection, even if the advice was improvident, unless there is a showing of counsel's misco
• Jones v. United States
  384 F.2d 916· 9th Cir.· 1967-10-24 ·cited 31×
  Compliance with Rule 11 of the Federal Rules of Criminal Procedure does not conclusively bar a subsequent § 2255 petition alleging facts outside the arraignment record.
• Brookins v. State
  174 So. 2d 578· Fla. 3d DCA· 1965-05-04 ·cited 31×
  James Douglas Brookins appealed the summary denial of his habeas corpus petition challenging his second-degree murder conviction and 20-year sentence. The court affirmed the denial, holding that his allegations of inadequate counsel at the preliminary hearing, illegal arrest, and
• Kinard v. Cochran
  113 So. 2d 843· Fla.· 1959-08-05 ·cited 31×·via Writ Of Habeas Corpus
  The Florida Supreme Court granted a writ of habeas corpus, ordering the discharge of a minor petitioner because the state failed to provide required statutory notice to his parents or guardian before his trial. This decision emphasizes the importance of procedural safeguards for
• Enoch D. Hall v. State
  212 So. 3d 1001· Fla.· 2017-02-09 ·cited 30×
  The Florida Supreme Court affirmed the postconviction court's denial of Hall's motion to vacate his first-degree murder conviction and death sentence, and denied his habeas petition. Hall was convicted of murdering Corrections Officer Donna Fitzgerald while imprisoned and claimed
• Victorino v. State
  127 So. 3d 478· Fla.· 2013-10-10 ·cited 30×
  Troy Victorino was convicted of six counts of first-degree murder and sentenced to death. On appeal of his postconviction relief motion, he challenged numerous aspects of his trial, including claims of ineffective assistance of counsel under Strickland v. Washington and a constit
• Cary Michael Lambrix v. State
  39 So. 3d 260· Fla.· 2010-04-15 ·cited 30×·via Writ Of Habeas Corpus
  Cary Michael Lambrix, convicted of two 1983 murders and sentenced to death, appealed the denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting claims that the State withheld exculpatory evidence regarding a witness's a