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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527 So. 2d 190·
Fla.·
1988-06-14
·cited 120×
Ernesto Suarez, under a death warrant for first-degree murder of a police officer, petitioned for habeas corpus and sought review of the trial court's denial of his motion to disqualify the trial judge and his Rule 3.850 motion to vacate judgment and sentence. The Florida Supreme
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844 F.2d 1464·
11th Cir.·
1988-04-21
·cited 120×
The court affirmed the panel's holding that the claim was not procedurally barred, and reached the merits of the claim.
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The court held that the state trial court's capital sentencing instructions were constitutionally insufficient because they failed to adequately guide the jury on mitigating circumstances and the option to recommend against death. The court also found that the defendant was denie
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The court held that the petitioner alleged sufficient facts to warrant a hearing on his claim of ineffective assistance of counsel, as the alleged failures to investigate and present defenses rendered his trial fundamentally unfair.
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Joel Dale Wright appeals the denial of his second motion for postconviction relief and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief and rejects Wright's habeas claims, finding procedural bars,
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562 So. 2d 687·
Fla.·
1990-06-21
·cited 119×
Florida inmate Donald Waldrup challenges the retroactive application of 1983 gain-time statute amendments that reduce his potential release date by up to eighteen months. The Florida Supreme Court holds that the amendments violate the Ex Post Facto Clause when applied to inmates
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823 F.2d 1439·
11th Cir.·
1987-07-20
·cited 119×
The court held that shackling a defendant at the sentencing phase of a bifurcated state trial, under specific circumstances including the defendant's status as a convicted violent felon and the absence of a defense request for a hearing, does not violate the Constitution.
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The court's precedent on general deterrence evidence in capital penalty phases is contradictory and creates an unfair advantage for the prosecution.
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The court held that the exclusion of veniremen unequivocally opposed to the death penalty did not violate the Sixth and Fourteenth Amendments, and that Georgia's capital sentencing review procedures were constitutionally adequate.
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The court held that the state impermissibly shifted the burden of persuasion on the issue of self-defense to the defendant, violating due process, and that the evidence was insufficient to support the conviction under the Jackson v. Virginia standard.
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289 So. 2d 719·
Fla.·
1974-02-06
·cited 114×
The Florida Supreme Court held that while parole is discretionary, a parole commission must exercise that discretion properly and cannot consider convictions obtained in violation of the Sixth Amendment right to counsel. The Court rejected the argument that mandamus was an improp
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Harry Jones was convicted of first-degree murder and sentenced to death for a 1991 killing. The Florida Supreme Court affirmed the trial court's denial of his Rule 3.850 postconviction motion and denied his habeas corpus petition, finding no Brady/Giglio violations, no prejudicia
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Thomas Knight appeals his death sentences imposed on resentencing for the 1974 murders of Sydney and Lillian Gans, following a federal court's remand under Hitchcock v. Dugger. The Florida Supreme Court affirmed the death sentences, finding sufficient evidence of aggravating fact
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The court held that an injunction barring future habeas corpus petitions is improper, as res judicata does not apply to habeas proceedings and such injunctions risk violating the Suspension Clause. It also held that the defendant's retrial and resentencing did not violate double
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Willie James Pye, convicted of murder, kidnapping, rape, and robbery, challenged his death sentence on federal habeas review, arguing that his trial counsel rendered ineffective assistance during sentencing by failing to investigate and present mitigating evidence of his difficul
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947 F.3d 649·
11th Cir.·
2020-01-07
·cited 110×
A district court may sua sponte dismiss a habeas petition as untimely based on judicially noticed state court docket entries, provided the petitioner receives fair notice and an opportunity to be heard.
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The Court denied the petition for a writ of habeas corpus, finding the claims of ineffective appellate counsel to be without merit.
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The court held that the defendant's counsel provided effective assistance and that the state court's record was adequate for review, thus denying the petition for habeas corpus.
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The court held that statistical analysis is not appropriate for determining discrimination in a deliberate selection process, unlike random selection.
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A federal court must stay its hand in a section 1983 damage action if disposition would involve ruling on the legality of a state conviction during pending state proceedings, but not every related action requires exhaustion.
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815 So. 2d 601·
Fla.·
2002-03-07
·cited 108×
Elmer Leon Carroll, a death row inmate, appealed the denial of his Rule 3.850 motion for postconviction relief and petitioned for habeas corpus, raising claims of ineffective assistance of trial and appellate counsel, Brady violations, and mental incompetency. The Florida Supreme
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Joseph Green Brown and 122 other death row inmates filed a consolidated habeas corpus petition challenging the Florida Supreme Court's consideration of non-record documents in capital sentencing review. The court rejected the joinder of petitions, held that its appellate review f
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685 So. 2d 1007·
Fla. 4th DCA·
1997-01-08
·cited 107×
Pompey was incarcerated for civil contempt based on nonpayment of child support without any evidentiary showing that he possessed the ability to pay the purge amount set by the court. The Fourth District Court of Appeal granted habeas corpus relief, holding that the trial court's
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648 So. 2d 100·
Fla.·
1994-09-08
·cited 107×
John Gary Hardwick, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding most claims procedurally barred and rejecting
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A federal court may review military decisions to call a reservist for active duty if the reservist's procedural rights under statutes and regulations were violated, causing substantial prejudice.
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The court held that while the arrest and seizure were constitutional, other claims raised by the appellant must first be presented to the Georgia state courts under their new habeas corpus act before federal review.
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J.B. Parker, a death row inmate, petitioned for a writ of habeas corpus and appealed the denial of his second postconviction relief motion under Florida Rule 3.850, raising eleven issues including claims about sentencing findings, jury composition, prosecutorial misconduct, and v
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A court of appeals lacks authority to review a district court order granting a writ of habeas corpus unless that order finally disposes of all claims presented by the petitioner.
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283 F.2d 798·
4th Cir.·
1960-11-11
·cited 104×
The court held that the District Court did not err in denying a habeas corpus petition without a hearing, as the state court proceedings demonstrated no deprivation of federal constitutional rights.
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Durwin Dunenas appealed the denial of his habeas corpus petition seeking post-conviction relief based on a claim that his sentence was illegal because it was imposed under the unconstitutional 1995 sentencing guidelines. The Florida District Court of Appeal affirmed the denial, h
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The Florida Supreme Court imposed sanctions on Vincent Faustino Rivera, an inmate serving a life sentence, barring him from filing further frivolous or procedurally barred petitions after he had filed over twenty petitions to the Court attempting to relitigate issues already deci
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604 So. 2d 465·
Fla.·
1992-07-23
·cited 103×
Abron Scott appeals the denial of his Rule 3.850 motion to vacate his death sentence for first-degree murder, robbery, and kidnapping. The Florida Supreme Court holds that when equally culpable codefendants receive disparate sentences (one death, one life), the death sentence is
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The "saving clause" of 28 U.S.C. § 2255(e) allows a federal prisoner to seek habeas corpus relief under 28 U.S.C. § 2241 if the remedy by motion under § 2255 is inadequate or ineffective to test the legality of detention. This inadequacy must be assessed at the time the § 2241 pe
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928 So. 2d 1089·
Fla.·
2005-10-20
·cited 102×
Mark Allen Davis appeals the denial of his rule 3.850 postconviction motion and petitions for habeas corpus relief following his 1987 conviction for first-degree murder, robbery, and grand theft in the killing of Orville Landis. The Florida Supreme Court affirms the denial of pos
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Lawrence Lewis was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that trial counsel was ineffective during the penalty phase by failing to adequately investigate and prepare mitig
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James Eugene Hunter, convicted of first-degree murder and other crimes and sentenced to death, appealed the denial of his postconviction motion for relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the hab
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861 F.2d 1507·
11th Cir.·
1988-12-20
·cited 102×
Federal courts cannot grant habeas relief for issues solely based on state law, even if framed as federal constitutional claims.
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The dissenting judge believes that 28 U.S.C. § 2255 is not always a prerequisite to habeas corpus and can be inadequate, especially for prisoners facing practical difficulties. The judge would reverse and remand Barrett's case.
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George Deeb was committed to a state hospital for insanity and later indicted for murder. The circuit court issued an order requiring the hospital superintendent to produce Deeb's body for trial. The Supreme Court of Florida granted a writ of prohibition against the circuit judge
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855 So. 2d 611·
Fla.·
2003-09-11
·cited 101×
Victor Tony Jones, a death-row inmate, appeals denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus. The Florida Supreme Court affirmed the denial, upholding the trial court's findings that trial counsel's strategic decisi
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Mazen Al Najjar, a Palestinian refugee and engineering doctorate holder, was ordered deported after overstaying his student visa, and the government detained him without bond based on classified information alleging ties to Palestinian Islamic Jihad, a terrorist organization. The
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The en banc court held that the first confession was voluntary and admissible, but the second confession was involuntary and inadmissible. The court affirmed the denial of habeas corpus relief regarding the first confession but reversed it regarding the second.
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991 So. 2d 337·
Fla.·
2008-05-22
·cited 100×
James Hitchcock was convicted and sentenced to death for the 1976 murder of his brother's 13-year-old stepdaughter. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion for postconviction relief and habeas petition, rejecting claims of ineffective assistance of
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854 So. 2d 1255·
Fla.·
2003-07-10
·cited 100×
Lloyd Chase Allen, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denial, rejecting Allen's Brady violation claims regarding withheld hair analysis evidence and
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Jeffrey Lee Atwater, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of both the post-conviction motion and habeas petition, rejecting claims of i
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James Franklin Rose appeals his death sentence for the 1976 kidnapping and murder of eight-year-old Lisa Berry. The Florida Supreme Court affirms the death penalty, rejecting seventeen issues raised on appeal, including claims regarding photographic evidence, Brady violations, pr
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A federal prisoner must exhaust administrative remedies before seeking habeas corpus relief, and evidentiary hearings are generally unnecessary for claims of procedural due process violations or factual bases for disciplinary actions.
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The court held that counsel's failure to investigate or present testimony suggesting third-party guilt was not ineffective assistance, as the defendant had confessed and the evidence was not clearly exculpatory or ethically required to be presented. Furthermore, counsel's tactica
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985 So. 2d 510·
Fla.·
2008-03-20
·cited 98×
Connie Ray Israel appeals the denial of his motion for postconviction relief and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of ineffective assistance of counsel, constitutional defects in Flo