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 Eleventh Circuit held that the filing fee requirements of the Prison Litigation Reform Act of 1995 do not apply to habeas corpus proceedings under 28 U.S.C. §§ 2254 and 2255. Although habeas corpus proceedings are technically civil in nature, they are hybrid actions sui gener
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Genevieve Yapp, arrested in The Bahamas for drug trafficking in 1986, failed to appear for trial and was sought for extradition by the United States in 1988. Yapp argued that Article 5 of the 1931 Extradition Treaty between the United States and The Bahamas barred her extradition
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639 So. 2d 25·
Fla.·
1994-06-30
·cited 22×
The dissenting justice would have approved the juvenile judge's actions in detaining a juvenile who refused to cooperate with a predisposition report.
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638 So. 2d 33·
Fla.·
1994-05-26
·cited 22×
The court held that the petitioner's claim of disproportionate sentencing was procedurally barred and factually distinguishable from precedent, thus denying the petition for a writ of habeas corpus.
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The court held that the issues raised by the petitioner are procedurally barred and, even if not barred, the alleged errors are harmless beyond a reasonable doubt.
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The dissenting judge argues that the petitioner has demonstrated cause for procedural default and that the state's procedural bar is inadequate, thus the claim of ineffective assistance of counsel should be heard on its merits.
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559 So. 2d 192·
Fla.·
1990-02-01
·cited 22×
Raymond Clark, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus raising multiple claims challenging his conviction and death sentence. The Court denied the petition, finding most claims procedurally barred and the remaining claims lacking merit
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The court held that the defendant's sentence must be reversed due to procedural issues in place at the time of trial regarding capital punishment hearings.
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The court held that the record was ambiguous regarding the knowing and voluntary waiver of the right to counsel, necessitating a remand for an evidentiary hearing.
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864 F.2d 1429·
8th Cir.·
1988-12-30
·cited 22×
The court held that the petitioner's second habeas petition did not present substantial claims that would undermine the accuracy of his guilt or sentencing determination, thus denying a certificate of probable cause.
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A prisoner's challenge to an administratively calculated parole eligibility date, which does not guarantee immediate or earlier release, is not exclusively cognizable in habeas corpus.
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Clark seeks habeas corpus relief claiming ineffective assistance of appellate counsel because his lawyer filed an Anders brief without raising an alleged double jeopardy violation. The court denies the petition, holding that appellate counsel was not ineffective because the court
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A retroactive judicial abrogation of a legal defense, even if inconsistently applied, can constitute an ex post facto violation if it substantially disadvantages a defendant by removing the possibility of a more favorable outcome or sentence.
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Robert Dale Henderson, sentenced to death for three murders, petitioned for habeas corpus and appealed the denial of a Rule 3.850 motion for post-conviction relief. The Florida Supreme Court denied all relief, holding that Michigan v. Jackson does not apply retroactively to Hende
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524 So. 2d 419·
Fla.·
1988-04-07
·cited 22×
The court should deny Ziegler's latest claim, as it is procedurally barred and not affected by Hitchcock v. Dugger.
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The court held that references to the petitioner's post-Miranda silence violated due process, but these errors were harmless beyond a reasonable doubt. The court also found no merit in the ineffective assistance of counsel or jury instruction claims.
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518 So. 2d 298·
Fla. 2d DCA·
1987-11-06
·cited 22×
Bridges petitioned for a writ of habeas corpus claiming his trial counsel failed to file a notice of appeal despite his request, and that his sentence violated his plea agreement by triggering the habitual offender statute. The court denied the petition, holding that Bridges lack
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822 F.2d 764·
8th Cir.·
1987-06-25
·cited 22×
A petitioner's failure to raise a double jeopardy claim in state court bars federal habeas review unless cause and prejudice are shown, and the claim was not so novel as to be unavailable.
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821 F.2d 934·
3d Cir.·
1987-06-08
·cited 22×
The court held that the district court erred in dismissing the habeas petition as mixed, and that the petitioner did not knowingly and intelligently waive his right to counsel.
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817 F.2d 726·
11th Cir.·
1987-05-27
·cited 22×
The court held that the district court's denial of the habeas corpus petition was proper, as the trial court's alleged errors did not render the petitioner's trial fundamentally unfair.
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A state prisoner's procedural default in failing to raise an ineffective assistance of counsel claim on direct appeal can be excused if the prisoner demonstrates cause and prejudice, where ineffective assistance of appellate counsel constitutes cause.
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813 F.2d 773·
6th Cir.·
1987-03-13
·cited 22×
The court affirmed the denial of the writ of habeas corpus, finding that the petitioner's sentence was not cruel and unusual punishment and that he did not receive ineffective assistance of counsel.
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The court should remand to the district court for a determination of waiver and cause and prejudice.
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The court held that the district court's denial of the habeas petition was correct, affirming the death sentence.
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A federal court should not dismiss a § 1983 damages claim brought concurrently with a habeas corpus petition, even if state remedies for confinement have not been exhausted.
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804 F.2d 1196·
11th Cir.·
1986-11-03
·cited 22×
The court held that the appellant is entitled to an evidentiary hearing to determine whether his counsel was ineffective.
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The court held that although the district court erred in failing to provide notice regarding dismissal for abuse of the writ, the error was harmless because the petitioner's claims lacked merit and he had waived his right to self-representation.
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802 F.2d 1487·
4th Cir.·
1986-10-06
·cited 22×
The court affirmed the district court's dismissal of the habeas corpus petition, finding that the appellant's claims were procedurally defaulted and that any alleged ineffective assistance of counsel did not result in prejudice.
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801 F.2d 98·
2d Cir.·
1986-09-12
·cited 22×
The court held that it lacked jurisdiction to review the original habeas corpus judgment due to an untimely notice of appeal, but it had jurisdiction to review the denial of the Rule 60(b)(6) motion.
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The court held that the record was insufficient to determine if the state court's finding of competency was supported, requiring a remand for further proceedings. Other claims were rejected.
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796 F.2d 947·
7th Cir.·
1986-07-21
·cited 22×
The court held that summary judgment should not have been granted on the claim that Kleba was denied effective assistance of counsel due to his counsel's failure to investigate the whereabouts of an alibi witness.
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The court held that the district court's order requiring the submission of a remedial plan for unconstitutional prison conditions was neither a final judgment nor an appealable injunction, thus lacking appellate jurisdiction.
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The court held that parole does not automatically terminate after five years and that the Parole Commission had the authority to extend supervision. The court also affirmed the dismissal of claims for failure to exhaust administrative remedies.
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The Florida Supreme Court denied a convicted murderer's requests for relief from his death sentence, including a motion for post-conviction relief and a petition for habeas corpus. The court found no merit in his claims of ineffective trial counsel or prosecutorial misconduct, an
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The court held that the defendant's procedural default in failing to raise a timely objection to the identification testimony under Mississippi law barred federal habeas review, and that the evidence was otherwise sufficient to support the conviction.
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475 So. 2d 214·
Fla.·
1985-08-29
·cited 22×
William Jasper Darden petitioned for a writ of habeas corpus challenging his conviction and death sentence on grounds of ineffective assistance of appellate counsel. The Florida Supreme Court denied the petition, holding that Darden failed to demonstrate that his appellate counse
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The court held that retrying a defendant as a habitual offender after the state voluntarily dismissed the enhancement counts in the first trial violates the Double Jeopardy Clause.
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The court held that the petitioner failed to prove by a preponderance of the evidence that he was incompetent to plead guilty, and his plea was not rendered involuntary by medication.
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754 F.2d 281·
8th Cir.·
1985-02-08
·cited 22×
The court held that while the prisoner received adequate due process regarding administrative segregation, the district court erred in dismissing the claim for meritorious good time earned in another state.
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The court held that the enhanced sentence was improper due to insufficient evidence regarding the timing of prior convictions, but affirmed the denial of relief on other grounds.
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746 F.2d 342·
6th Cir.·
1984-10-18
·cited 22×
The court held that the trial court's restriction of cross-examination regarding a key witness's bias and the improper admission of a death certificate violated the Sixth Amendment's Confrontation Clause.
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The court held that the district court erred in granting the writ of habeas corpus because the petitioner waived his Fifth Amendment claim by failing to present it to the state court and that the prosecutor's comments, even if improper, did not deprive the petitioner of a fair tr
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The court held that a defendant cannot impeach a witness by selectively revealing only part of a plea bargain, as the prosecution is entitled to present the entire agreement to avoid misleading the jury.
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The majority found that Sandstrom's federal constitutional claim regarding judicial disqualification was exhausted in state courts, but the dissenting judge disagreed.
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The court held that the petitioner forfeited his due process claims by failing to fairly present them to the state courts, but reversed and remanded the ineffective assistance of counsel claim for further proceedings.
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The court held that the petitioner was denied effective assistance of counsel at all stages of his trial due to counsel's pervasive failures in investigation, preparation, and strategy, warranting habeas corpus relief.
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727 F.2d 656·
7th Cir.·
1984-02-13
·cited 22×
The court affirmed the grant of a writ of habeas corpus, holding that the defendant was denied his constitutional right to effective assistance of counsel.
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James David Raulerson, on death row, sought post-conviction relief and a writ of habeas corpus alleging ineffective assistance of counsel at his resentencing and on direct appeal. The Florida Supreme Court affirmed the denial of his motion and denied his petition for habeas corpu
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704 F.2d 1418·
5th Cir.·
1983-05-20
·cited 22×
The court held that while the prosecutor's jury arguments were regrettable and bordered on impermissible conduct, they did not render the appellant's trial fundamentally unfair to a degree cognizable in a federal habeas corpus proceeding.
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Fingerprint evidence alone, under proper circumstances, can be sufficient to sustain a burglary conviction against a constitutional challenge for sufficiency of evidence. A prosecutor's comment on the lack of defense evidence, rather than the defendant's failure to testify, is no