7,518 Florida cases classified under this topic, plus 5,495 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Florida appellate court affirmed summary denial of habeas corpus petition challenging revocation of gain-time credits under Fla. Stat. § 944.28(1), finding the petition's allegations too conclusory to raise constitutional questions.
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The court addressed an urgent situation regarding the temporary custody of a child whose parents were divorced in Connecticut, with the father having removed the child to Florida.
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The court held that the plaintiff failed to state a claim upon which relief could be granted because the amended complaint did not allege perjury or conspiracy to commit perjury by the police officers.
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The court held that the federal district court erred in granting a writ of habeas corpus because the petitioner failed to exhaust state remedies by not presenting the ineffective assistance of appellate counsel claim to a state court.
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The court held that the petitioner's guilty plea was voluntary and intelligently entered, and that his counsel provided effective assistance.
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575 F.2d 819·
10th Cir.·
1978-05-12
A defendant cannot be sentenced for a crime with which they were not charged and to which they did not plead guilty, even if the sentence is less than for the charged offense.
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574 F.2d 420·
8th Cir.·
1978-04-11
The denial of a motion for continuance did not violate a defendant's constitutional right to a fair and impartial jury, even with pretrial publicity and a coinciding referendum, because the record did not show prejudice.
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The court held that a prisoner's claim for a speedy trial violation under the Sixth Amendment is precluded if there is no showing of prejudice and the prisoner failed to assert his right.
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350 So. 2d 1142·
Fla. 1st DCA·
1977-10-24
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The court held that a state prisoner's habeas petitions were properly dismissed because he failed to demonstrate constitutional error regarding competency or the right to self-representation.
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350 So. 2d 1112·
Fla. 3d DCA·
1977-10-12
Lewis filed a habeas corpus petition challenging a resentencing that eliminated his jail time credit, arguing credit for time served is mandatory under Florida law. The court dismissed the petition as moot, finding the trial court lacked jurisdiction to modify the original lawful
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561 F.2d 1213·
6th Cir.·
1977-08-24
The court held that the warrantless search of the hotel room violated the Fourth Amendment, but the admission of the seized evidence was harmless error beyond a reasonable doubt due to other strong evidence of guilt.
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558 F.2d 891·
8th Cir.·
1977-07-15
The court held that the petitioner's due process claim regarding his probation revocation proceedings has been mooted by a new sentence and term of probation.
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A probation violation warrant issued within the probationary period may be executed after the period expires if the delay is due to serving an intervening sentence.
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The court held that the record was insufficient to evaluate the appellant's claims regarding his transfer and the availability of treatment.
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558 F.2d 394·
8th Cir.·
1977-06-09
The court held that the Iowa juvenile transfer statute, as interpreted by the Iowa Supreme Court, is not unconstitutionally vague because it allows for consideration of specific factors and provides flexibility without permitting arbitrary decisions.
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349 So. 2d 177·
Fla. 1st DCA·
1977-05-26
Frederick Paxton sought a belated appeal via habeas corpus from his 1974 convictions for robbery and resisting an officer with violence, arguing that his prior appeal was decided without reaching the merits because no assignments of error were properly filed. The appellate court
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552 F.2d 151·
5th Cir.·
1977-05-16
The court held that a nolo contendere plea does not waive the right to assert ineffective assistance of counsel claims in habeas proceedings, and that an evidentiary hearing is required when the record is insufficient to determine the terms of a plea agreement and whether it was
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551 F.2d 654·
5th Cir.·
1977-04-29
The court held that the magistrate applied the correct standard in denying the habeas corpus petition, as jury sentencing is not subject to the same vindictiveness restrictions as judicial sentencing.
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553 F.2d 49·
8th Cir.·
1977-04-19
The court held that the petitioner was properly charged under the law in effect at the time of the offense, even though a new statute had been passed but was not yet effective.
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553 F.2d 59·
10th Cir.·
1977-04-12
The court held that the tactical filing of a habitual criminal charge after an appeal and reversal of a conviction, without justification, constitutes a violation of the due process clause.
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A defendant's waiver of a jury trial is not rendered involuntary by a subsequent judicial decision that would have altered their calculus at the time of the waiver.
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The court held that there was sufficient evidence for the lower court to find that the defendant knowingly, intelligently, and expressly waived his right to a jury trial.
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549 F.2d 1284·
9th Cir.·
1977-01-31
The court held that the district court correctly denied the petition for a writ of habeas corpus because the appellant failed to establish any exceptions to the presumption of correctness for state court findings under 28 U.S.C. § 2254(d).
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548 F.2d 891·
10th Cir.·
1977-01-24
Federal courts should not interfere with ongoing state criminal prosecutions absent 'special circumstances' due to principles of comity and respect for state functions.
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547 F.2d 808·
4th Cir.·
1977-01-17
The court held that the petitioner was not denied effective assistance of counsel because the alleged exculpatory testimony of a witness would not have provided a defense, and the petitioner had previously stated he had no other witnesses to call.
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The court held that the denial of the motion for a continuance raised a substantial claim of ineffective assistance of counsel requiring an evidentiary hearing, but the denial of the motion for a mental examination did not violate federal constitutional rights regarding competenc
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The court affirmed the district court's dismissal of the habeas corpus petition, finding that the appellant had not properly exhausted state remedies for his jury selection claim.
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The court held that the district court did not err in placing the burden of proof on the habeas petitioner and that the petitioner's confession was voluntary and not tainted by any alleged Miranda violations.
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45 Fla. Supp. 185·
Fla. Cir. Ct.·
1977-01-04
The court held that a prisoner is entitled to credit for time spent incarcerated in another state under an executive agreement if the original commitment order did not suspend the sentence.
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548 F.2d 134·
6th Cir.·
1976-12-30
The Sixth Circuit affirmed the district court's denial of habeas corpus, finding that the appellant had not exhausted state remedies for most claims and that the remaining claims did not present substantial constitutional questions.
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A Florida municipal court convicted a defendant of 48 parking violations and imposed fines. When the defendant did not pay the fines, the court held her in contempt. The defendant sought habeas corpus relief claiming the ordinance was void, but the circuit court discharged the wr
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547 F.2d 40·
6th Cir.·
1976-12-21
Federal habeas corpus relief is unavailable for Fourth Amendment search and seizure claims when the state has provided a full and fair opportunity to litigate them. Statements made by the petitioner were not obtained in violation of Miranda.
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339 So. 2d 246·
Fla. 3d DCA·
1976-11-02
William E. Miles appealed the denial of his habeas corpus petition challenging a Governor's warrant for his extradition to California on perjury charges. The Florida appellate court affirmed the denial, finding the extradition warrant and supporting documents sufficiently charged
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536 F.2d 1037·
5th Cir.·
1976-08-09
The court held that a factual determination on compulsion is essential for a constitutional violation claim regarding trial in prison apparel.
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The court held that the petitioner's claims are frivolous, thus denying his request for appointed counsel and dismissing the appeal.
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539 F.2d 597·
6th Cir.·
1976-07-27
The denial of a change of venue did not violate due process, as the petitioner was tried by a fair and impartial jury despite pretrial publicity.
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336 So. 2d 130·
Fla. 1st DCA·
1976-07-20
Father appeals a post-decree order continuing custody of the youngest child with the maternal grandmother and awarding the mother $300 in attorney's fees. The court affirmed the custody determination but reversed the attorney's fee award, finding no material change in circumstanc
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The court held that a prisoner must be afforded a hearing to contest an escape allegation if the state entered a nolle prosequi on the escape charge.
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536 F.2d 1334·
10th Cir.·
1976-06-24
A serviceman committing a crime in a foreign country while on active duty is subject to court-martial jurisdiction if the crime is service-connected.
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535 F.2d 351·
6th Cir.·
1976-05-14
The court held that even if the lineup procedure was constitutionally deficient, the conviction was valid due to ample basis for independent identification and the error was harmless beyond a reasonable doubt.
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535 F.2d 449·
8th Cir.·
1976-05-11
The court held that the district court's findings regarding ineffective assistance of counsel, violation of confrontation rights, and self-incrimination were correct, affirming the denial of the habeas corpus application.
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The court should hold that petitioner did not receive adequate assistance of counsel in the state post-conviction hearing.
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The court held that the denial of youthful offender treatment did not violate due process, as the state court had discretion and no full adversary hearing was constitutionally required.
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The court held that there was no arguable merit to the appeal and affirmed the district court's denial of habeas corpus relief.
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525 F.2d 1198·
5th Cir.·
1976-01-15
The court held that the petitioner's six-year sentence for bank robbery was properly enforced as consecutive to a prior one-year sentence, and concurrent only with any parole violation sentence.
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Circuit court granted habeas corpus petition and discharged petitioners, holding that the female breast is not a sexual organ under Florida's indecent exposure statute.
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325 So. 2d 51·
Fla. 4th DCA·
1976-01-09
In an extradition proceeding under the Uniform Interstate Extradition Act, the appellate court reversed a trial court's discharge of a defendant, holding that Florida's Governor's rendition warrant and attached papers sufficiently complied with statutory requirements and establis