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

• Martin v. O.L. McCOTTER
  796 F.2d 813· 5th Cir.· 1986-08-13 ·cited 25×
  The court held that the petitioner did not demonstrate ineffective assistance of counsel, as his counsel's actions, while potentially deficient in some aspects, did not prejudice the defense to the extent required by Strickland v. Washington.
• Augusta Charles Givens v. Housewright
  786 F.2d 1378· 9th Cir.· 1986-04-11 ·cited 25×
  The court held that the information filed against the petitioner was constitutionally inadequate to provide notice of a murder by torture charge, and this constitutional error was not harmless beyond a reasonable doubt.
• Thompson v. Crawford
  479 So. 2d 169· Fla. 3d DCA· 1985-11-20 ·cited 25×
  Thompson was acquitted by reason of insanity via stipulation while found incompetent to stand trial, but the trial court later vacated the acquittal and judgment. On appeal, the court held that no double jeopardy bar existed because jeopardy never attached—there was no valid tria
• Middleton v. Hoyt C. Cupp
  768 F.2d 1083· 9th Cir.· 1985-08-14 ·cited 25×·via Habeas Corpus Petition
  The court held that the admission of polygraph testimony did not rise to a constitutional dimension, and the jury instruction issue was procedurally barred due to waiver under state law without sufficient cause.
• Cody v. Solem
  755 F.2d 1323· 8th Cir.· 1985-02-19 ·cited 25×·via Habeas Corpus Petition
  The court held that the district court erred in broadly applying Stone v. Powell to bar all claims, but affirmed the denial of habeas relief because the search consent was voluntary and the other claims lacked merit.
• United States v. Larry W.G. Giddings
  740 F.2d 770· 9th Cir.· 1984-08-17 ·cited 25×
  The court held that a motion for correction of sentence under Fed.R.Crim.P. 35(a) or a motion under 28 U.S.C. § 2255 is not the proper vehicle to challenge the execution of a sentence, and that review of sentence execution must be sought via a habeas corpus petition under 28 U.S.
• Jameson v. Louie L. Wainwright
  719 F.2d 1125· 11th Cir.· 1983-11-17 ·cited 25×
  The introduction and comment on evidence of collateral drug crimes did not deprive the defendant of fundamental fairness, thus habeas corpus relief was properly denied.
• Brown v. Wolff
  706 F.2d 902· 9th Cir.· 1983-04-21 ·cited 25×·via Habeas Corpus Petition
  A violation of the Interstate Agreement on Detainers (IAD) timely trial provisions constitutes an exceptional circumstance requiring federal habeas corpus relief, but the prisoner waived his rights by agreeing to continuances.
• Burns v. W.J. Estelle, Jr.
  695 F.2d 847· 5th Cir.· 1983-01-17 ·cited 25×·via Habeas Corpus Petition
  A federal habeas petition containing both exhausted and unexhausted claims must be dismissed in its entirety to ensure total exhaustion of state remedies.
• Gulliver v. Dalsheim
  687 F.2d 655· 2d Cir.· 1982-09-09 ·cited 25×·via Habeas Corpus Petition
  The court vacated the district court's order granting habeas corpus and remanded for further proceedings to determine if petitioner exhausted state remedies and properly raised his claims.
• Palma v. Verdeyen
  676 F.2d 100· 4th Cir.· 1982-04-07 ·cited 25×·via Habeas Corpus Petition
  The court held that the Attorney General has implicit authority to detain an excludable alien indefinitely when return is impracticable and parole is denied, and that the denial of parole in this case was not an abuse of discretion.
• Broussard v. Lippman
  643 F.2d 1131· 5th Cir.· 1981-04-27 ·cited 25×·via Habeas Corpus Petition
  The court held that the district court exceeded its authority by dismissing charges as a sanction for the Parole Commission's tardiness, and that the Government's appeal was timely.
• McLAWHORN v. State OF N.C.
  484 F.2d 1· 4th Cir.· 1973-09-10 ·cited 25×·via Writ Of Habeas Corpus
  The court held that the State's refusal to reveal the identity of an informant who actively participated in the drug transaction violated the petitioner's due process rights.
• Dolphus L. Dulin v. Henderson
  448 F.2d 1238· 5th Cir.· 1971-09-13 ·cited 25×
  The court held that the record did not sufficiently demonstrate that the appellant knowingly and intelligently waived his right to counsel or understood the consequences of his guilty plea.
• Frizzell v. State
  238 So. 2d 67· Fla.· 1970-07-08 ·cited 25×
  The Florida Supreme Court rejected the concurrent sentence doctrine as a bar to habeas corpus relief, holding that prisoners may challenge individual sentences even when other concurrent sentences preclude immediate release. Although the court adopted this important procedural ru
• Sayne v. Shipley
  418 F.2d 679· 5th Cir.· 1969-11-10 ·cited 25×
  The court held that the Canal Zone Code provisions for extradition to Panama, based on the 1903 Treaty, do not violate due process, as habeas corpus review provides sufficient judicial scrutiny.
• Irving v. Breazeale
  400 F.2d 231· 5th Cir.· 1968-08-27 ·cited 25×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition regarding the conviction but remanded for a determination of issues raised by Witherspoon v. State of Illinois concerning the death sentence.
• Dupree POE v. Gladden
  287 F.2d 249· 9th Cir.· 1961-01-25 ·cited 25×
  The court held that an informal application for a certificate of probable cause could serve as a notice of appeal, but it was not timely in this case. The court also declined to treat a clerk's letter as a modification of a prior order or an extension of time for appeal.
• Carlson v. Landon
  186 F.2d 183· 9th Cir.· 1950-12-16 ·cited 25×
  The court held that the Attorney General's discretion to deny bail to a deportable alien is not absolute and must be based on specific facts, not mere conclusions, and is subject to judicial review for abuse.
• Ex parte Catanzaro. Appeal of Catanzaro
  138 F.2d 100· 3d Cir.· 1943-09-23 ·cited 25×
  Habeas corpus is not available to review a registrant's classification by a Draft Board prior to his induction or prosecution for failure to report.
• De Marcos v. Overholser
  137 F.2d 698· D.C. Cir.· 1943-08-09 ·cited 25×
  The court held that while it is desirable for the District Court to seek the assistance of the Commission on Mental Health in habeas corpus proceedings concerning an individual's sanity, it is not mandatory, especially when the petitioner refuses examination.
• Dillbeck v. State of Fla. & Donald David Dillbeck v. Ricky D. Dixon
  357 So. 3d 94· Fla.· 2023-02-16 ·cited 24×·via Habeas Corpus Petition
  The circuit court properly summarily denied Dillbeck's fourth successive postconviction motion because his claim of exemption from execution based on a mental condition equivalent to intellectual disability was time-barred and procedurally barred under Rule 3.851, his newly disco
• Fla. Parole Comm'n v. Taylor
  132 So. 3d 780· Fla.· 2014-01-23 ·cited 24×
  The Florida Supreme Court reversed the First District Court of Appeal's decision granting second-tier certiorari relief in a parole revocation case, holding that once an inmate receives a full review of a parole decision in circuit court, they are not entitled to a second plenary
• Jackson v. State
  127 So. 3d 447· Fla.· 2013-09-19 ·cited 24×
  Michael Jackson seeks postconviction relief and habeas corpus review after conviction for first-degree murder, robbery, and kidnapping of an elderly couple in 2005. The Florida Supreme Court affirms the denial of relief, holding that Jackson failed to demonstrate ineffective assi
• Wheeler v. State
  124 So. 3d 865· Fla.· 2013-06-27 ·cited 24×·via Writ Of Habeas Corpus
  Jason L. Wheeler was convicted of murdering Deputy Wayne Koester and attempted murder of two other deputies. After direct appeal affirmance and federal habeas denial, Wheeler appealed the postconviction court's denial of his Rule 3.851 motions and petition for state habeas relief
• Farrell v. State
  62 So. 3d 20· Fla. 1st DCA· 2011-03-22 ·cited 24×
  The court held that a petition for writ of habeas corpus is an improper method to collaterally attack a judgment and sentence when other remedies have been exhausted or are time-barred.
• Stang v. State
  24 So. 3d 566· Fla. 2d DCA· 2009-07-31 ·cited 24×
  Warren Stang petitions for habeas corpus relief challenging an amended sentencing order that the trial court entered without notice, jurisdiction, or his presence while his direct appeal was pending. The court grants the petition, finding the amended sentence void and illegal, an
• Smithers v. State
  18 So. 3d 460· Fla.· 2009-07-09 ·cited 24×·via Writ Of Habeas Corpus
  Samuel Smithers was convicted of two first-degree murders and sentenced to death. On postconviction relief and habeas appeal, Smithers challenged his convictions and sentences on grounds of ineffective assistance of counsel. The Florida Supreme Court affirmed the denial of postco
• Johnson v. State
  9 So. 3d 640· Fla. 4th DCA· 2009-03-11 ·cited 24×
  The court held that a manifest injustice occurred by denying a defendant the same relief afforded to similarly situated defendants, and granted a writ of habeas corpus.
• Cochran v. State
  925 So. 2d 370· Fla. 5th DCA· 2006-03-03 ·cited 24×·via Writ Of Habeas Corpus
  Petitioner sought habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise on appeal that the trial court violated his due process rights by proceeding to trial without conducting a required competency hearing after invoking competency procee
• Broderick W. Monlyn v. State
  894 So. 2d 832· Fla.· 2004-12-02 ·cited 24×
  Broderick Monlyn appeals the denial of his motion for postconviction relief and petitions for habeas corpus following his 1993 conviction for first-degree murder, armed robbery, and armed kidnapping, and subsequent death sentence. The Florida Supreme Court addresses his ineffecti
• Cummings-El v. State
  863 So. 2d 246· Fla.· 2003-10-09 ·cited 24×
  Frederick Cummings-El appeals the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of both the postconvictio
• Lynwood Williams v. State
  777 So. 2d 947· Fla.· 2000-11-22 ·cited 24×
  The Florida Supreme Court held that a defendant may file a belated appeal from the denial of a postconviction motion when counsel fails to timely file the appeal after being requested to do so, applying flexible due process standards similar to those in Steele v. Kehoe. The Court
• Harich v. State
  573 So. 2d 303· Fla.· 1990-12-13 ·cited 24×·via Writ Of Habeas Corpus
  Roy Allen Harich, sentenced to death for first-degree murder and other crimes, appealed the trial court's denial of postconviction relief claiming his trial counsel's undisclosed position as a special deputy sheriff created a conflict of interest and resulted in ineffective assis
• Andersen v. Thieret
  903 F.2d 526· 7th Cir.· 1990-06-05 ·cited 24×·via Habeas Corpus Petition
  The court held that the petitioner's confession was voluntary and that the admission of his statements did not violate Miranda, affirming the denial of his habeas petition.
• Solomon Monk v. Colonel Gordon N. Zelez
  901 F.2d 885· 10th Cir.· 1990-04-25 ·cited 24×
  The court held that the military judge's reasonable doubt instruction impermissibly lessened the prosecution's burden of proof, violating the defendant's due process rights.
• Simmons v. Reynolds
  898 F.2d 865· 2d Cir.· 1990-03-12 ·cited 24×
  The court held that while a six-year delay in hearing an appeal violated due process rights, the subsequent affirmance of the conviction rendered release from custody inappropriate, and damages were the proper remedy for any remaining prejudice.
• Smith v. Freeman
  892 F.2d 331· 3d Cir.· 1989-12-29 ·cited 24×·via Habeas Corpus Petition
  The court held that the state courts failed to provide a full and fair evidentiary hearing on the defendant's mental competency at the time of his guilty plea, entitling him to a federal evidentiary hearing.
• Lundy v. Donal Campbell and Charles W. Burson
  888 F.2d 467· 6th Cir.· 1989-11-01 ·cited 24×·via Habeas Corpus Petition
  The court held that while the trial court erred in limiting cross-examination, the cumulative effect of the alleged errors did not render the trial fundamentally unfair, and thus, habeas relief was not warranted.
• Williams v. A.L. Lockhart
  849 F.2d 1134· 8th Cir.· 1988-06-24 ·cited 24×·via Habeas Corpus Petition
  The district court erred in denying the habeas petition without an evidentiary hearing, as there were disputed material facts regarding ineffective assistance of counsel and the state court failed to provide a full and fair hearing.
• Dickson v. G.E. Sullivan
  849 F.2d 403· 9th Cir.· 1988-06-13 ·cited 24×
  The court held that a deputy sheriff's statement to two jurors that the defendant had "done something like this before" created a reasonable possibility of prejudice, requiring reversal of the habeas corpus denial.
• Roussell v. Jeane
  842 F.2d 1512· 5th Cir.· 1988-04-28 ·cited 24×·via Habeas Corpus Petition
  The Sixth Amendment was not violated by the exclusion of psychiatric testimony regarding the defendant's amnesia, as the testimony was not material or vital to the defense. The sentencing court's comments did not demonstrate an unconstitutional reliance on a finding of guilt for
• Julius v. W.J. Johnson
  840 F.2d 1533· 11th Cir.· 1988-03-09 ·cited 24×
  The court held that while counsel was ineffective for failing to request a cautionary instruction regarding the prior conviction, this did not prejudice the defendant. Other claims of ineffective assistance were rejected.
• Williams v. Lynaugh
  814 F.2d 205· 5th Cir.· 1987-04-10 ·cited 24×
  The admission of unadjudicated criminal conduct evidence in the punishment phase of a capital trial does not violate the Eighth and Fourteenth Amendments, nor does the differential treatment of capital versus non-capital cases violate the Equal Protection Clause.
• Roberts v. Corrothers
  812 F.2d 1173· 9th Cir.· 1987-03-16 ·cited 24×·via Habeas Corpus Petition
  The court held that it lacks jurisdiction to review the Parole Commission's discretionary decisions, even if framed as constitutional claims, unless the Commission acted outside its statutory discretion or violated the Constitution.
• Dutton v. John N. Brown & the Attorney Gen. of the State of Okla.
  812 F.2d 593· 10th Cir.· 1987-02-19 ·cited 24×
  The court held that the mechanistic application of a sequestration rule to exclude critical mitigating evidence, despite the trial court's discretion to allow it, deprived the petitioner of a fair trial.
• Amanullah & Wahidullah v. Nelson
  811 F.2d 1· 1st Cir.· 1987-02-04 ·cited 24×·via Habeas Corpus Petition
  The court held that excludable aliens detained pending exclusion proceedings have no constitutional right to release on parole, and the denial of parole is reviewed under a 'facially legitimate and bona fide reason' standard, not 'abuse of discretion'.
• Wilburn Dobbs v. Kemp
  809 F.2d 750· 11th Cir.· 1987-01-23 ·cited 24×·via Habeas Corpus Proceedings
  The court held that the evidence presented was insufficient to establish a prima facie case of grand jury discrimination based on gender.
• Bennie E. Demps v. Louie L. Wainwright
  805 F.2d 1426· 11th Cir.· 1986-12-02 ·cited 24×·via Habeas Corpus Petition
  The court affirmed the denial of the petition for writ of habeas corpus, finding no merit to the claims of suppressed witness deals, unconstitutional cross-examination limitations, or state interference with a defense witness.
• Gibson v. Scheidemantel
  805 F.2d 135· 3d Cir.· 1986-11-17 ·cited 24×
  The court held that a federal habeas corpus petition containing unexhausted claims must be dismissed, and that the petitioner had not demonstrated futility in pursuing state remedies for his claims.