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

• Wade v. Yeager
  377 F.2d 841· 3d Cir.· 1967-05-31 ·cited 28×·via Habeas Corpus Petition
  The court held that the district court properly dismissed the appellant's petition for habeas corpus without a hearing, but modified the order to allow the appellant to file a new petition regarding certain claims.
• United States ex rel. Donald E. Starner v. Russell
  378 F.2d 808· 3d Cir.· 1967-05-25 ·cited 28×
  A state court may impose a greater sentence following a new trial, even if the initial sentence was based on a guilty plea and later vacated, as long as the new sentence is within statutory limits and does not violate due process.
• United States ex rel. Arthur Jackson v. Myers
  374 F.2d 707· 3d Cir.· 1967-03-16 ·cited 28×
  A sentence imposed based on materially inaccurate assumptions about a defendant's criminal record violates due process, even if counsel was present, if counsel's efforts to correct the errors were inadequate.
• Roberts v. Dutton
  368 F.2d 465· 5th Cir.· 1966-11-01 ·cited 28×·via Habeas Corpus Petition
  The court held that the defendant was denied effective assistance of counsel due to the extremely short time for preparation and the lack of thorough investigation and presentation of the defense.
• Clark v. Beto
  359 F.2d 554· 5th Cir.· 1966-03-22 ·cited 28×·via Habeas Corpus Petition
• Norfleet Sawyer v. Brough
  358 F.2d 70· 4th Cir.· 1966-03-14 ·cited 28×
  The court held that joint representation of co-defendants with conflicting interests violates the Sixth Amendment right to effective assistance of counsel, even if the conflict was not apparent to the trial court or counsel.
• United States ex rel. Floyd Edgar Martin v. McMANN
  348 F.2d 896· 2d Cir.· 1965-07-23 ·cited 28×·via Habeas Corpus Petition
  The court vacated the order denying the petition and instructed dismissal without prejudice, allowing New York courts to address the claims first.
• Burnside v. State OF Neb.
  346 F.2d 88· 8th Cir.· 1965-06-03 ·cited 28×
  The court held that the petitioner failed to demonstrate any error in the trial court's denial of his petition for a writ of habeas corpus.
• United States v. Shoaf
  341 F.2d 832· 4th Cir.· 1964-09-29 ·cited 28×·via Habeas Corpus Proceedings
  An indigent defendant is not entitled to a free transcript for collateral attack on a conviction unless they demonstrate a specific need for it, distinguishing this from direct appeals where counsel's unfamiliarity may establish general need.
• Thomas v. Cunningham
  335 F.2d 67· 4th Cir.· 1964-06-23 ·cited 28×·via Habeas Corpus Petition
  The court held that the district court had jurisdiction to hear the habeas corpus petition regarding expired sentences and that the petitioner's conviction in Dickenson County was void due to inadequate legal representation, affirming the release order.
• Rose v. Dickson
  327 F.2d 27· 9th Cir.· 1964-01-27 ·cited 28×·via Habeas Corpus Petition
  The court affirmed the dismissal of the habeas corpus petition because the appellant had not exhausted his remedies in the state courts.
• State ex rel. Phil Feldman v. Kelly
  76 So. 2d 798· Fla.· 1954-11-19 ·cited 28×·via Habeas Corpus Proceedings
  Fourteen petitioners challenged their contempt convictions and jailing for refusing to answer grand jury questions about communist activities, invoking Fifth Amendment protections. The Florida Supreme Court held that the petitioners could lawfully refuse to answer because their a
• United States v. Chiarella
  214 F.2d 838· 2d Cir.· 1954-08-03 ·cited 28×·via Writ Of Habeas Corpus
  The dissenting judge held that the sentence imposed was not illegal and that the lower court's interpretation of the original sentence was reasonable.
• Jefferson ex rel. v. Sweat
  76 So. 2d 494· Fla.· 1954-07-27 ·cited 28×·via Writ Of Habeas Corpus
  The Florida Supreme Court upheld the constitutionality of Chapter 28057, Acts of 1953, which makes possession of a federal wagering stamp prima facie evidence of violating Florida's gambling laws. The court rejected a habeas corpus challenge to an appellant's detention for posses
• United States ex rel. Bogish v. Tees
  211 F.2d 69· 3d Cir.· 1954-03-09 ·cited 28×
  The court held that the relator's petition for a writ of habeas corpus was properly denied because he failed to exhaust state remedies and his claims lacked merit. The court treated the petition as a motion in the nature of a writ of error coram nobis, which also failed.
• Hayman v. United States
  187 F.2d 456· 9th Cir.· 1950-10-27 ·cited 28×·via Writ Of Habeas Corpus
  The court held that Section 2255 is void in its entirety, making it impossible to procure the appellant's presence for proceedings.
• Williams v. Huff
  142 F.2d 91· D.C. Cir.· 1944-04-07 ·cited 28×
  The court held that a minor's competence to waive counsel is a question of fact that requires a determination based on age, education, and other pertinent facts.
• Buie v. King
  137 F.2d 495· 8th Cir.· 1943-08-02 ·cited 28×
  A district court has jurisdiction to defer a habeas corpus discharge to allow the original sentencing court a reasonable time to correct an ambiguous judgment to reflect the intended consecutive nature of sentences.
• Cary Michael Lambrix v. State
  217 So. 3d 977· Fla.· 2017-03-09 ·cited 27×
  Cary Michael Lambrix, a death row inmate sentenced to death in 1986 for two murders, appealed a postconviction court's denial of successive motions for relief, including challenges based on alleged ineffective assistance of counsel, DNA testing denials, and Hurst v. Florida. The
• Henry v. State
  134 So. 3d 938· Fla.· 2014-03-14 ·cited 27×
  Robert Henry, a death row inmate with execution scheduled for March 20, 2014, appealed the denial of his second successive motion for postconviction relief, challenging Florida's lethal injection protocol as applied to him, the constitutionality of the amended clemency statute (s
• Clough v. State
  136 So. 3d 680· Fla. 2d DCA· 2014-01-31 ·cited 27×
  Brian Clough appeals the postconviction court's dismissal and partial denial of his habeas corpus petition challenging his cannabis trafficking conviction. The court converted his habeas petition to a rule 3.850 postconviction motion without prior notice, and Clough argued this v
• Tanzi v. State
  94 So. 3d 482· Fla.· 2012-04-19 ·cited 27×·via Writ Of Habeas Corpus
  Michael Tanzi appeals the denial of his postconviction motion and habeas petition in a death penalty case for the murder of Janet Acosta in 2000. The Florida Supreme Court affirms the denial of relief, concluding that Tanzi failed to establish ineffective assistance of trial coun
• Figueroa v. State
  84 So. 3d 1158· Fla. 2d DCA· 2012-03-30 ·cited 27×
  Carlos Figueroa appeals his life sentence for armed robbery, arguing that the information failed to allege the essential element of firearm possession. The Florida District Court of Appeal, Second District grants his petition for writ of habeas corpus, finding the charging docume
• Kormen Branch v. State
  990 So. 2d 585· Fla. 3d DCA· 2008-08-06 ·cited 27×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus is not the proper vehicle for a collateral attack on a conviction or sentence.
• Gandy v. State
  846 So. 2d 1141· Fla.· 2003-05-15 ·cited 27×
  The Florida Supreme Court dismissed three consolidated cases seeking discretionary review of District Court of Appeal decisions, holding that it lacks subject-matter jurisdiction to review per curiam unelaborated denials of relief that merely cite to cases not pending review, sta
• Fannings Johnson v. Fla. Parole Comm'n & James V. Crosby, Jr.
  841 So. 2d 615· Fla. 1st DCA· 2003-04-03 ·cited 27×
  The circuit court improperly denied a petition for writ of habeas corpus as a successive petition, as it challenged the parole revocation, not the presumptive parole release date.
• Konstantinos X. Fotopoulos v. State
  838 So. 2d 1122· Fla.· 2002-12-19 ·cited 27×
  Konstantinos Fotopoulos appeals the denial of postconviction relief and petitions for habeas corpus after his conviction for orchestrating two murders and an attempted murder. The Florida Supreme Court affirms the trial court's rejection of his ineffective assistance of counsel c
• Melvin v. State
  804 So. 2d 460· Fla. 2d DCA· 2001-11-16 ·cited 27×
  Thirteen prisoners scheduled for release petitioned for habeas corpus relief challenging their pretrial detention in involuntary civil commitment proceedings under Florida's Jimmy Ryce Act. The court held that ex parte probable cause determinations for such detentions must be sup
• White v. State
  729 So. 2d 909· Fla.· 1999-03-11 ·cited 27×·via Habeas Corpus Petition
  William White appeals denial of his motion to vacate judgment and sentence under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed his first-degree murder conviction but vacated his death sentence based on Hitchcock error in the jury instructions, reman
• Dennis v. State
  685 So. 2d 1373· Fla. 3d DCA· 1996-12-18 ·cited 27×
  The court held that the appellant's repeated, successive, and frivolous filings constitute an abuse of process, warranting denial of relief and prohibition of future filings.
• Purvis v. The Honorable Hubert R. Lindsey
  587 So. 2d 638· Fla. 4th DCA· 1991-10-16 ·cited 27×
  Petitioner seeks habeas corpus relief, arguing he was illegally detained on probation because the trial court lacked jurisdiction to impose probation exceeding six months for a second-degree misdemeanor. The court granted the petition, finding that a defendant convicted of a seco
• FOX v. Ira Kelso
  911 F.2d 563· 11th Cir.· 1990-09-07 ·cited 27×·via Habeas Corpus Petition
  The court held that the state failed to carry its burden of proving that the petitioner's guilty pleas were knowing and intelligent, and thus the district court properly granted habeas relief.
• Bramlett v. A.L. Lockhart
  876 F.2d 644· 8th Cir.· 1989-06-01 ·cited 27×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or that his confession and guilty plea were involuntary, thus affirming the denial of his habeas corpus petition.
• In re Lindsey
  875 F.2d 1502· 11th Cir.· 1989-05-01 ·cited 27×·via Habeas Corpus Petition
  The court held that neither 21 U.S.C. § 848(q) nor 18 U.S.C. § 3006A entitles a death-sentenced inmate to federally appointed counsel or a psychiatrist for state-court collateral review proceedings, especially when claims are unexhausted.
• Lovinger v. Cir. Court OF THE 19TH Jud. Cir.
  845 F.2d 739· 7th Cir.· 1988-05-02 ·cited 27×
  The court held that the defendant did not consent to the mistrial and there was no manifest necessity for its declaration, thus barring reprosecution under the Double Jeopardy Clause.
• Messer v. State
  834 F.2d 890· 11th Cir.· 1987-11-30 ·cited 27×·via Habeas Corpus Petition
  The court held that the sentencing judge and jury's refusal to consider non-statutory mitigating evidence violated Lockett v. Ohio, but affirmed the district court's denial of other claims.
• O'Dell Blackmon v. White
  825 F.2d 1263· 8th Cir.· 1987-08-07 ·cited 27×
  The court held that the petitioner's appellate counsel was not ineffective for failing to raise the issue of the trial court's failure to instruct the jury on manslaughter, as the Missouri appellate courts would not have found plain error under the circumstances.
• United States ex rel. Joseph Kosik, Jr. v. Napoli
  814 F.2d 1151· 7th Cir.· 1987-02-26 ·cited 27×·via Habeas Corpus Petition
  The court held that even if pretrial identification procedures were unduly suggestive, the subsequent trial identifications were sufficiently reliable under the totality of the circumstances to satisfy due process requirements.
• Barney Earl Crutchfield v. Louie L. Wainwright
  803 F.2d 1103· 11th Cir.· 1986-11-10 ·cited 27×·via Writ Of Habeas Corpus
  Trial courts should not automatically reverse convictions when attorney-client communication is interfered with during brief recesses; defendants must demonstrate prejudice.
• Chaney v. Lewis
  801 F.2d 1191· 9th Cir.· 1986-10-09 ·cited 27×·via Habeas Corpus Petition
  The court held that a district court must independently review the state court record for mixed questions of fact and law in habeas corpus petitions, but not for purely factual or purely legal questions. Counsel should be appointed in death penalty habeas cases on remand due to c
• Ross v. Kemp
  785 F.2d 1467· 11th Cir.· 1986-03-20 ·cited 27×·via Habeas Corpus Petition
  The court held that the Murphy deposition should be added to the record on appeal, but the Cole deposition should not. The court remanded the issue of the 1984 affidavits to the district court to determine if the failure to present them earlier was inexcusable neglect.
• Love v. Young
  781 F.2d 1307· 7th Cir.· 1986-01-27 ·cited 27×·via Habeas Corpus Petition
  The court held that the identification procedures were not unduly suggestive and that the admission of the defendant's statements to Detective Lombardo did not violate his Sixth Amendment right to counsel because he validly waived that right.
• Bowen v. Kemp
  769 F.2d 672· 11th Cir.· 1985-08-06 ·cited 27×·via Habeas Corpus Petition
  The petitioner lacks standing to assert an Equal Protection claim based on the underrepresentation of women on the jury pool, as he is not a member of the underrepresented group.
• Austad v. Risley
  761 F.2d 1348· 9th Cir.· 1985-05-23 ·cited 27×
  A federal habeas court is not required to sua sponte obtain state court record exhibits if the petitioner has not produced them or demonstrated an inability to do so.
• Son H. Fleming v. Kemp
  748 F.2d 1435· 11th Cir.· 1984-11-29 ·cited 27×·via Habeas Corpus Petition
  The court held that the petitioner was deprived of his Sixth Amendment right to counsel at a critical stage of his murder prosecution, requiring automatic reversal of his conviction.
• Vanes v. United States Parole Comm'n
  741 F.2d 1197· 9th Cir.· 1984-08-31 ·cited 27×
  The court held that the Parole Commission's failure to provide pre-hearing notice of the DWI conviction as a parole violation charge rendered its use improper for revocation and forfeiture of street time.
• United States v. Diaz
  733 F.2d 371· 5th Cir.· 1984-06-01 ·cited 27×·via Habeas Corpus Petition
  The court held that the appellant's guilty pleas were knowing and voluntary, and that his claims of ineffective assistance of counsel were without merit. One of the sentences was vacated under the concurrent sentence doctrine.
• Songer v. Louie L. Wainwright
  733 F.2d 788· 11th Cir.· 1984-05-18 ·cited 27×·via Habeas Corpus Petition
  The court affirmed the district court's denial of habeas corpus relief, finding no constitutional error in the denial of ineffective assistance of counsel claims or due process violations in the penalty phase.
• Matias v. Masaru Oshiro and Tany S. Hong
  683 F.2d 318· 9th Cir.· 1982-08-03 ·cited 27×
  The court held that the district court erred in dismissing the ineffective assistance of counsel claim without determining if there was cause and prejudice for the procedural default.
• Powell v. James Spalding & Slade Gorton
  679 F.2d 163· 9th Cir.· 1982-06-08 ·cited 27×
  The court held that a district court did not abuse its discretion in refusing to allow a habeas petitioner to amend his petition to include an unexhausted claim after the state had already responded.