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

• Deparvine v. State
  146 So. 3d 1071· Fla.· 2014-04-24 ·cited 23×
  William James Deparvine appeals the denial of his postconviction motion challenging his death sentence for the November 2003 murders of Rick and Karla Van Dusen. The Florida Supreme Court affirmed the trial court's rejection of all ineffective assistance of counsel claims, consti
• Cary Michael Lambrix v. State
  124 So. 3d 890· Fla.· 2013-06-27 ·cited 23×
  Cary Michael Lambrix, a death row inmate convicted of two murders in 1983, appealed the denial of his fourth and fifth successive motions for postconviction relief and a petition for writ of prohibition. The Florida Supreme Court affirmed all denials, finding that Lambrix's claim
• Geralds v. State
  111 So. 3d 778· Fla.· 2010-09-16 ·cited 23×
  Mark Allen Geralds appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief, rejecting Geralds' Brady/Giglio claims, ineffective assistance of counsel
• Sanders v. State
  959 So. 2d 1232· Fla. 2d DCA· 2007-06-22 ·cited 23×
  Jessie Sanders petitioned for relief based on ineffective assistance of appellate counsel, arguing that his appellate counsel failed to raise fundamental error regarding a jury instruction on an uncharged alternative theory of aggravated battery on a law enforcement officer. The
• Martin v. Fla. Parole Comm'n
  951 So. 2d 84· Fla. 1st DCA· 2007-03-13 ·cited 23×
  The court held that the circuit court erred in treating a habeas corpus petition as a certiorari petition and denying it as untimely under Rule 9.100(c)(2).
• Jahzwah Johnson v. State
  947 So. 2d 1192· Fla. 3d DCA· 2007-01-24 ·cited 23×
  The appellate court affirmed the trial court's denial of the habeas corpus petition without prejudice, finding it was filed in the incorrect court.
• Johnson v. Moore
  837 So. 2d 343· Fla.· 2002-09-26 ·cited 23×
  Paul Beasley Johnson, a death-row inmate convicted of three counts of first-degree murder and other serious felonies, petitioned the Florida Supreme Court for a writ of habeas corpus raising ten claims of ineffective assistance of appellate counsel. The Court summarily denied all
• Clemente Hernandez v. Dep't OF Corr.
  761 So. 2d 469· Fla. 3d DCA· 2000-06-28 ·cited 23×
• van Poyck v. Singletary
  715 So. 2d 930· Fla.· 1998-05-14 ·cited 23×
  William Van Poyck, a death row inmate, petitioned for a writ of habeas corpus, claiming ineffective assistance of appellate counsel for failing to properly raise jury selection issues and arguing his convictions for attempted felony murder were legally impossible. The Florida Sup
• Strozier v. Lanson Newsome
  926 F.2d 1100· 11th Cir.· 1991-03-19 ·cited 23×·via Habeas Corpus Petition
  The court held that the record, including witness testimony about pre-trial warnings, sufficiently established that the defendant knowingly and intelligently waived his right to counsel, despite the lack of a formal, on-the-record waiver hearing.
• Landano v. Rafferty
  897 F.2d 661· 3d Cir.· 1990-02-27 ·cited 23×·via Habeas Corpus Petition
  The dissenting judge would hold that the petitioner had exhausted his state remedies, arguing that the new evidence did not fundamentally alter the legal claim already considered by the state courts.
• Smith v. Zant
  887 F.2d 1407· 11th Cir.· 1989-09-29 ·cited 23×·via Habeas Corpus Petition
• Ellis v. Lynaugh
  873 F.2d 830· 5th Cir.· 1989-05-30 ·cited 23×·via Habeas Corpus Petition
  The dissenting judge believes the trial court erred in excusing venireman Bradshaw for cause, as his responses indicated he would follow the law.
• Ladd v. Jones
  864 F.2d 108· 11th Cir.· 1989-01-23 ·cited 23×·via Habeas Corpus Petition
  The court held that the appellant's claims were procedurally barred and that his counsel was not ineffective.
• Booker v. Dugger
  520 So. 2d 246· Fla.· 1988-01-14 ·cited 23×
  Stephen Booker petitioned for a writ of habeas corpus to overturn his death sentence for the brutal murder of a 94-year-old woman, raising a Hitchcock claim that the jury was improperly instructed to consider only statutorily enumerated mitigating circumstances. The Florida Supre
• Evans v. O.L. McCOTTER
  805 F.2d 1210· 5th Cir.· 1986-12-03 ·cited 23×·via Habeas Corpus Petition
  The court held that the defendant's claims of present insanity and discriminatory application of the death penalty statute were insufficient to warrant a certificate of probable cause or a stay of execution.
• Jones v. Thigpen
  741 F.2d 805· 5th Cir.· 1984-09-17 ·cited 23×·via Habeas Corpus Petition
  The court held that the Double Jeopardy Clause bars the State from seeking the death penalty again because the evidence presented at the first trial was legally insufficient to support a finding that the defendant killed or intended to kill the victim, as required by Enmund v. Fl
• State v. Washington
  453 So. 2d 389· Fla.· 1984-07-10 ·cited 23×
  The Florida Supreme Court reversed a trial court order granting David Leroy Washington's motion to vacate his death sentences, holding that Washington's successive post-conviction claims were procedurally barred and lacked merit. The Court vacated the stay of execution and reaffi
• Ambry Dewitt Allen, Jr. v. Montgomery
  728 F.2d 1409· 11th Cir.· 1984-04-06 ·cited 23×
  The court held that the appellant failed to establish that the jury was sequestered at the sheriff's home and that the courtroom security measures, while potentially problematic, were reasonable given the threats and circumstances, thus not depriving him of a fair trial or his pr
• Thomas v. Leeke
  725 F.2d 246· 4th Cir.· 1984-01-12 ·cited 23×·via Writ Of Habeas Corpus
  The trial court's jury instructions were constitutionally adequate, and the state's allocation of the burden of proving self-defense to the defendant does not violate due process.
• Curfew Davis v. Zant
  721 F.2d 1478· 11th Cir.· 1983-12-27 ·cited 23×·via Habeas Corpus Petition
  The trial court's jury instruction on malice unconstitutionally shifted the burden of proof to the petitioner, and this error was not harmless beyond a reasonable doubt.
• Elmo Patrick Sonnier v. Maggio
  720 F.2d 401· 5th Cir.· 1983-11-10 ·cited 23×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding no substantial showing of a federal right denial.
• Cooper v. State OF N.C.
  702 F.2d 481· 4th Cir.· 1983-03-10 ·cited 23×
  The court held that the jury instructions, when viewed in their entirety, did not render the trial fundamentally unfair, and thus habeas relief was not warranted.
• Granger v. Fla. State Prison & Bill Price
  424 So. 2d 937· Fla. 1st DCA· 1983-01-05 ·cited 23×
  The court held that a prisoner's petition for a writ of habeas corpus, alleging a denial of a due process hearing before transfer to close management confinement, was sufficient to state a claim upon which relief could be granted, and thus should not have been summarily dismissed
• Glenn v. Dallman
  686 F.2d 418· 6th Cir.· 1982-08-23 ·cited 23×·via Habeas Corpus Petition
  The dissenting judge would affirm the district court's decision and deny the writ, finding that the Ohio Supreme Court's interpretation of aggravated burglary statutes was not irrational and that any instructional error was harmless.
• Hardin v. Louie L. Wainwright
  678 F.2d 589· 5th Cir.· 1982-06-17 ·cited 23×·via Habeas Corpus Petition
  The court held that the petitioner was not denied due process by the prosecution's failure to disclose a witness or by the trial court's handling of an inadmissible statement, but remanded for reconsideration of the ineffective assistance of counsel claim under a revised legal st
• Antone v. State
  410 So. 2d 157· Fla.· 1982-01-28 ·cited 23×
  Anthony Antone, convicted of murder and sentenced to death, sought post-conviction relief arguing newly discovered evidence, prosecutorial misconduct, jury selection errors, and an allegedly unlawful arrest. The Florida Supreme Court affirmed the denial of relief, finding no Brad
• Grantling v. Balkcom
  632 F.2d 1261· 5th Cir.· 1980-12-17 ·cited 23×·via Petition For Habeas Corpus Relief
  The court held that a voluntary and intelligent guilty plea breaks the chain of prior constitutional claims, and therefore, the denial of habeas corpus relief was proper.
• Denver Ray Pate v. Louie L. Wainwright
  607 F.2d 669· 5th Cir.· 1979-11-27 ·cited 23×
  The court held that the intervening Supreme Court opinion in Jackson v. Virginia does not require reversal of the district court's denial of habeas corpus relief.
• United States ex rel. Rico Latimore & Arthur Vesey v. Allyn R. Sielaff
  561 F.2d 691· 7th Cir.· 1977-08-26 ·cited 23×
  The trial judge's refusal to communicate with the jury and provide sleeping facilities coerced the jury into reaching a verdict, denying the defendants a fair trial.
• Rosanna Drollinger and Nathan Drollinger v. Milligan
  552 F.2d 1220· 7th Cir.· 1977-04-04 ·cited 23×·via Habeas Corpus Petition
  Rosanna's challenge to probation conditions must be brought as a habeas corpus petition, requiring exhaustion of state remedies, while Nathan's challenge to conditions affecting his family rights is a valid civil rights claim under § 1983.
• Wright v. Estelle
  549 F.2d 971· 5th Cir.· 1977-03-30 ·cited 23×·via Application For Writ Of Habeas Corpus
  The court held that even if the petitioner was deprived of a fundamental right to testify, it was harmless error beyond a reasonable doubt due to overwhelming evidence connecting him to the crime.
• ST. Jules v. Beto
  462 F.2d 1365· 5th Cir.· 1972-07-18 ·cited 23×·via Writ Of Habeas Corpus
  The court held that federal courts may entertain a habeas corpus petition if state courts have unreasonably delayed in acting upon a pending state habeas corpus application.
• Cooper v. Griffin
  455 F.2d 1142· 5th Cir.· 1972-02-07 ·cited 23×·via Habeas Corpus Petition
  The court held that mentally retarded individuals, due to their limited capacity, cannot knowingly and intelligently waive their Miranda rights.
• Daniels v. J. B. O'Connor, M.D.
  243 So. 2d 144· Fla.· 1971-01-06 ·cited 23×·via Writ Of Habeas Corpus
  Jesse Daniels challenged his commitment to a mental institution pending trial on a rape charge, arguing the indictment lacked sufficient evidence and that the commitment statute violated due process and equal protection. The Florida Supreme Court upheld the statute and commitment
• Brown v. Peyton
  435 F.2d 1352· 4th Cir.· 1970-12-29 ·cited 23×
  The majority holds that the petitioner's guilty plea was voluntary, interpreting Brady v. United States to permit judicial participation in plea bargaining.
• United States ex rel. Henry H. Staples v. Pate
  332 F.2d 531· 7th Cir.· 1964-05-28 ·cited 23×
  A voluntary and understanding guilty plea waives objections to prior constitutional violations, even if the plea was influenced by evidence obtained from those violations.
• Merino v. United States Marshal
  326 F.2d 5· 9th Cir.· 1963-12-14 ·cited 23×
  The court held that the district court correctly applied the standard for reviewing extradition proceedings and that the commissioner did not abuse his discretion in finding sufficient evidence to certify the appellant for extradition.
• Hamish Scott MacKAY v. McALEXANDER
  268 F.2d 35· 9th Cir.· 1959-06-09 ·cited 23×·via Application For Writ Of Habeas Corpus
  The court held that the deportation order and the denial of the application for suspension of deportation were valid, affirming the lower court's judgment.
• Rosenthal v. Hunter
  164 F.2d 949· 10th Cir.· 1947-11-17 ·cited 23×·via Writ Of Habeas Corpus
  The court held that the federal court had jurisdiction to try and sentence the petitioner because California voluntarily surrendered him to federal custody.
• Hawk v. Olson
  130 F.2d 910· 8th Cir.· 1942-10-19 ·cited 23×
  A federal court should not issue a writ of habeas corpus to a state prisoner unless exceptional circumstances of peculiar urgency are shown, and the prisoner has exhausted state remedies.
• United States ex rel. Zapp v. Dist. Dir. of Immigr. & Naturalization
  120 F.2d 762· 2d Cir.· 1941-06-06 ·cited 23×
  The court held that aliens are not entitled to release on habeas corpus based on pending criminal charges, nor do they have an absolute right to bail pending deportation proceedings.
• Tanzi v. State
  407 So. 3d 385· Fla.· 2025-04-01 ·cited 22×·via Habeas Corpus Petition
  The compressed warrant litigation schedule does not violate due process because Tanzi was given notice and an opportunity to be heard. Public records requests made after the death warrant was signed must relate to a colorable claim for postconviction relief and show good cause fo
• Hayward v. State
  183 So. 3d 286· Fla.· 2015-06-25 ·cited 22×·via Writ Of Habeas Corpus
  Steven Douglas Hayward appeals the denial of his Florida Rule of Criminal Procedure 3.851 postconviction motion seeking to vacate his first-degree murder conviction and death sentence. He also petitions for a writ of habeas corpus alleging ineffective assistance of appellate coun
• Taylor v. State
  120 So. 3d 540· Fla.· 2013-05-30 ·cited 22×·via Writ Of Habeas Corpus
  John Calvin Taylor II was convicted of first-degree murder and robbery with a deadly weapon in the 1997 killing of Shannon Holzer. The Florida Supreme Court affirmed denial of his Rule 3.851 postconviction motion and habeas petition challenging his death sentence on various groun
• McCUTCHEON v. State
  117 So. 3d 769· Fla.· 2013-04-25 ·cited 22×·via Writ Of Habeas Corpus
  The court held that the inmate's pro se petitions were unauthorized and frivolous, warranting sanctions.
• J.M. v. Gargett
  101 So. 3d 352· Fla.· 2012-10-04 ·cited 22×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a trial court may impose consecutive sentences in secure detention for a juvenile who commits multiple violations of a single probation order. The Court held that section 985.037(2) authorizes
• Dayne Miller v. State
  980 So. 2d 1092· Fla. 2d DCA· 2008-01-15 ·cited 22×·via Writ Of Habeas Corpus
  A trial court cannot order pretrial detention without a motion from the State, even if the defendant is charged with a qualifying offense.
• Dailey v. State
  965 So. 2d 38· Fla.· 2007-05-31 ·cited 22×
  James Dailey appeals the trial court's denial of his postconviction motion for relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for the 1985 killing of fourteen-year-old Shelley Boggio. The Florida Supreme Court affirms th
• Dillbeck v. State
  964 So. 2d 95· Fla.· 2007-05-10 ·cited 22×
  Dillbeck appealed the trial court's denial of his motion to vacate his first-degree murder conviction and death sentence, raising four ineffective assistance of counsel claims under Strickland v. Washington. The Florida Supreme Court affirmed the denial, finding that trial counse