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 trial counsel's failure to investigate potentially exculpatory voice exemplar evidence constituted ineffective assistance of counsel, and that prejudice must be shown for habeas relief.
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The court held that supervisory prison officials were not liable for deliberate indifference based on a single incident, but affirmed the judgment against the guards directly involved in the assault.
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The court held that the petitioner's constitutional rights were not violated by the failure to apply collateral estoppel in his case, affirming the denial of his habeas corpus petition.
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The court held that a state prisoner was not denied his Sixth Amendment right to a speedy trial, and the district court did not err in denying his habeas corpus petition without an evidentiary hearing.
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496 F.2d 324·
1st Cir.·
1974-05-15
·cited 29×
The court held that a petitioner who repeatedly absents himself without leave may be disentitled to seek relief from the court's resources.
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466 F.2d 730·
3d Cir.·
1972-09-05
·cited 29×
A guilty plea induced by a prosecutor's promise, even if not explicitly confirmed by the judge, must be fulfilled or the defendant allowed to withdraw the plea.
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443 F.2d 942·
8th Cir.·
1971-04-21
·cited 29×
The Eighth Circuit held that the Due Process Clause of the Fourteenth Amendment does not require a hearing prior to the revocation of parole by a state. Parole revocation is an administrative function, not a stage of a criminal proceeding, and states have broad discretion in mana
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The district court erred in denying habeas corpus petitions without compelling the state court record to determine if petitioners received a full and fair hearing.
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351 F.2d 269·
10th Cir.·
1965-10-04
·cited 29×
The court held that the trial court erred in dismissing the habeas corpus petition without adequate findings of fact, and that the prisoner made a prima facie case for an invalid guilty plea.
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252 F.2d 550·
9th Cir.·
1958-01-30
·cited 29×
The court held that the appeal presented no substantial question and dismissed the appeal as frivolous, denying the motion for a temporary restraining order.
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114 So. 3d 883·
Fla.·
2013-05-15
·cited 28×
Elmer Leon Carroll, a death row inmate under active execution warrant, appealed the denial of his successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.851, raising claims that mental illness should bar execution, that the Governor's discretion to
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25 So. 3d 536·
Fla.·
2009-11-19
·cited 28×
Roderick Michael Orme was convicted of murder, sexual battery, and robbery in 1992 for the brutal murder of nurse Lisa Redd. After a successful ineffective assistance of counsel claim on direct appeal regarding failure to investigate bipolar disorder, Orme was resentenced to deat
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Troy Blocker appealed the denial of his motion to correct an allegedly illegal sentence, claiming a discrepancy between his written sentences of 99 years and a sentencing transcript reflecting 9 years. The court affirmed the denial, holding that when the State reasonably contests
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969 So. 2d 976·
Fla.·
2007-08-30
·cited 28×
Billy Leon Kearse, convicted of first-degree murder of Fort Pierce police officer Danny Parrish and sentenced to death, appealed and petitioned for habeas corpus relief on claims of ineffective assistance of counsel, newly discovered evidence, public records violations, and const
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944 So. 2d 270·
Fla.·
2006-11-09
·cited 28×
Jack Sliney, a death row inmate, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus following his conviction for the 1992 murder and armed robbery of a pawn shop owner. The Florida Supreme Court affirmed th
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Muhammad, a death row inmate, sought post-conviction relief on his death sentence for murdering a Department of Corrections guard, claiming Brady violation and ineffective assistance of appellate counsel. The Florida Supreme Court reversed the trial court's order vacating the dea
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Bruce Douglas Pace appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus following his conviction for first-degree murder and armed robbery of a taxicab driver. The Florida Supreme Court affirms the postconviction court's
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The Florida Supreme Court dismissed a habeas corpus petition filed by Brenda Armstead and sanctioned her for abusing the judicial system through a pattern of filing incomprehensible and frivolous pleadings. The Court exercised its inherent power to restrict Armstead's future fili
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819 So. 2d 664·
Fla.·
2002-04-11
·cited 28×
Olen Clay Gorby, convicted of first-degree murder and sentenced to death, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's de
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751 So. 2d 56·
Fla. 5th DCA·
1999-03-05
·cited 28×
The court held that a petition for writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel is improper when it is successive to prior direct appeals and motions attacking the sentence.
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723 So. 2d 191·
Fla.·
1998-10-15
·cited 28×
The Florida Supreme Court reversed a trial court's finding that Judge Richard M. Stanley Jr. was impartial when he sentenced Raleigh Porter to death in 1978 and 1981. The Court held that evidence of the judge's predisposition to impose death violated Porter's due process right to
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697 So. 2d 965·
Fla. 1st DCA·
1997-08-05
·cited 28×
David Lewis challenged the revocation of his parole by filing a habeas corpus petition in Polk County Circuit Court (proper venue), but the court granted the Parole Commission's motion to change venue to Leon County. The appellate court reversed, holding that only courts in the c
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The Florida Supreme Court held that when a defendant is resentenced after violating probation on a pre-1989 split sentence, a trial court's award of "credit for all time served" is sufficient to include both time actually served and unforfeited gain-time earned during the origina
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680 So. 2d 1101·
Fla. 5th DCA·
1996-10-11
·cited 28×
Johnson appeals the trial court's denial of his successive Rule 3.850 motion for post-conviction relief. The court affirmed the denial, finding that Johnson had repeatedly litigated the same issues through multiple appeals and collateral petitions, constituting an abuse of proces
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Four death row inmates appealed the trial court's denial of Florida Rule of Criminal Procedure 3.850 postconviction relief motions, challenging their representation by attorney Howard Pearl who undisclosed conflicts of interest as a deputy sheriff. The Florida Supreme Court vacat
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664 So. 2d 31·
Fla. 4th DCA·
1995-11-29
·cited 28×
Patterson appealed the denial of his habeas corpus petition challenging his conviction. The court affirmed, holding that Patterson's claims of involuntary plea and ineffective assistance of counsel are properly raised through post-conviction relief under Florida Rule 3.850, which
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Raleigh Porter, a death row inmate, challenged his death sentence through a second 3.850 postconviction motion and habeas petition, raising claims of trial counsel conflict of interest, Brady violations, resentencing counsel ineffectiveness, and newly discovered mitigating eviden
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603 So. 2d 482·
Fla.·
1992-06-04
·cited 28×
Gregory Mills, a death row inmate, appeals the denial of his postconviction motion for ineffective assistance of counsel for failing to develop and present mental health mitigating evidence. The Florida Supreme Court affirms the trial court's denial, holding that trial counsel's
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Fernando Fernandez, convicted of racketeering and marijuana conspiracy and sentenced to twelve years in prison, sought collateral relief based on a severe heart condition diagnosed as terminal coronary artery disease. He filed motions under Federal Rule of Criminal Procedure 35(b
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The court held that the combination of pretrial publicity and the presence of numerous uniformed prison guards in the courtroom created an unacceptable risk of prejudice, thereby depriving the petitioner of his Sixth Amendment right to a fair trial.
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T.D.L., a juvenile, sought habeas corpus relief from a contempt sentence imposing secure detention followed by county jail incarceration after reaching adulthood. The court held that secure detention cannot be used to punish contempt by juveniles and that adult sanctions require
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A juror's prior professional experience counseling a rape victim, without more, does not create implied bias sufficient to warrant a new trial, especially when the state courts found no actual bias and the juror testified to impartiality.
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885 F.2d 1328·
8th Cir.·
1989-09-18
·cited 28×
The court affirmed the district court's grant of habeas corpus relief, finding that the 'depravity of mind' jury instruction was unconstitutionally vague and that the prosecutor's penalty phase argument was improper.
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The admission of a codefendant's statement as a coconspirator's statement did not violate the defendant's Sixth Amendment right to confrontation, and the evidence was sufficient to support the conviction.
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The court held that the denial of the right to self-representation and the subsequent failure of appellate counsel to raise this issue on direct appeal constituted ineffective assistance of counsel, and that the defendant did not waive his right to self-representation.
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The court held that Coleman's claim regarding the unconstitutional aggravating circumstance instruction was not barred by abuse of the writ or procedural default, and that the application of Oklahoma's subsequent reweighing rule did not violate ex post facto principles.
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The court held that a jury instruction failing to inform the jury they should consider all mitigating evidence, not just statutory, constitutes reversible error, even if the judge considered non-statutory evidence.
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A district court may raise procedural default sua sponte, but cannot override a state's implicit waiver of that defense. A habeas petitioner must demonstrate both deficient counsel performance and prejudice to succeed on an ineffective assistance of counsel claim.
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A criminal defendant's insistence on removing appointed counsel mid-trial, after being warned that no replacement would be appointed, constitutes a knowing and intelligent waiver of the right to counsel, especially when the motion appears obstructionist.
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854 F.2d 967·
7th Cir.·
1988-08-08
·cited 28×
The admission of testimony regarding anonymous threats against a witness, without any evidence linking the defendant to the threats, was of such magnitude that it denied the petitioner fundamental fairness and violated his Fourteenth Amendment rights.
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Vernon Ray Cooper, a death row inmate, challenged his capital sentence on habeas corpus, arguing that the trial judge improperly excluded nonstatutory mitigating evidence at his sentencing hearing in violation of Lockett v. Ohio and Hitchcock v. Dugger. The Florida Supreme Court
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The court held that the district court did not err in rejecting the prisoner's habeas corpus claims, affirming the conviction.
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Williams was convicted of robbery based on a getaway driver theory, but the court reversed because under the controlling precedent Royal v. State, the force used by the security guard occurred after the thief had taken the money, meaning no robbery occurred. The court held that f
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825 F.2d 895·
5th Cir.·
1987-08-27
·cited 28×
The court held that the record sufficiently demonstrated that the defendant's admission of prior convictions in the multiple bill proceeding was intelligent and voluntary, satisfying any applicable Boykin-type requirements.
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821 F.2d 1099·
5th Cir.·
1987-07-17
·cited 28×
The court held that the petitioner's guilty plea was voluntary and counsel was not ineffective, and that the indictment was sufficient and the confession claim was unsupported.
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816 F.2d 17·
1st Cir.·
1987-04-13
·cited 28×
A petitioner must be in custody at the time of filing a habeas corpus petition, and a fully served sentence, even with collateral consequences like license revocation, does not satisfy this requirement. Furthermore, a district court's dismissal of a habeas petition without prejud
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816 F.2d 832·
2d Cir.·
1987-04-03
·cited 28×
The court held that the five-year transition period under CCCA § 235(b)(3) begins on November 1, 1987, and that the provision requires the Parole Commission to set a release date early enough for appeal before the end of that period, but does not obligate the Commission to act at
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The court held that the petitioner failed to present a debatable issue for appeal regarding racial discrimination in the death penalty and that the inevitable discovery doctrine barred his due process claim concerning evidence admissibility.
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776 F.2d 470·
4th Cir.·
1985-10-28
·cited 28×
The court held that the jury instructions on reasonable doubt, while potentially unwise, did not unconstitutionally lessen the state's burden of proof, and the admission of the defendant's inculpatory statements did not violate his fifth or sixth amendment rights.