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

• Mungin v. State
  932 So. 2d 986· Fla.· 2006-04-06 ·cited 98×
  Anthony Mungin, convicted of murder and sentenced to death, challenged his conviction and sentence through a rule 3.850 motion for postconviction relief and habeas petition. The Florida Supreme Court affirmed the trial court's denial of all relief, rejecting claims of ineffective
• Grover Reed v. State
  875 So. 2d 415· Fla.· 2004-04-15 ·cited 98×
  Grover Reed appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus following his 1986 conviction and death sentence for the murder, sexual battery, and robbery of Betty Oermann. The Florida Supreme Court affirms the circuit court's d
• Bertolotti v. Dugger
  514 So. 2d 1095· Fla.· 1987-10-30 ·cited 98×
  The Court held that appellate counsel was not ineffective for failing to raise issues not preserved for appeal or for making a tactical decision during oral argument. Therefore, the petition for habeas corpus and stay of execution are denied.
• Sanchez v. H.G. Miller
  792 F.2d 694· 7th Cir.· 1986-06-09 ·cited 98×·via Habeas Corpus Petition
  The dissent argues that the "cause and prejudice" standard for excusing failure to exhaust administrative remedies requires some indicia of reliability for confidential informants, a requirement implicit in Wolff v. McDonnell.
• Westbrook v. Zant
  704 F.2d 1487· 11th Cir.· 1983-05-16 ·cited 98×·via Habeas Corpus Petition
  The court held that the trial court's denial of a request for a court-appointed psychologist or psychiatrist to evaluate the impact of long-term incarceration on a capital defendant's mental state was not an abuse of discretion, as the defendant could have presented evidence thro
• Louie L. Wainwright v. Simpson
  360 F.2d 307· 5th Cir.· 1966-04-11 ·cited 98×·via Habeas Corpus Petition
  The court affirmed the judgment but clarified that the exhaustion principle in habeas corpus is a matter of comity, not jurisdiction, and requires exhaustion of state remedies before federal intervention.
• Dolan Darling v. State
  966 So. 2d 366· Fla.· 2007-07-12 ·cited 97×
  Dolan Darling, convicted of first-degree murder and sentenced to death, sought postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a habeas petition. The Florida Supreme Court affirmed the denial of his motion to vacate and rejected his habeas claims, h
• Valle v. Moore
  837 So. 2d 905· Fla.· 2002-08-29 ·cited 97×·via Writ Of Habeas Corpus
  Manuel Valle, a death row inmate, petitioned for a writ of habeas corpus raising four claims of ineffective assistance of appellate counsel. The Florida Supreme Court denied all four claims, finding that appellate counsel was not ineffective for failing to raise non-meritorious c
• Melendez v. State
  718 So. 2d 746· Fla.· 1998-06-11 ·cited 97×·via Writ Of Habeas Corpus
  Juan Roberto Melendez, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.850 motion for post-conviction relief based on newly discovered evidence, Brady violations, and ineffective assistance of counsel. The Florida Supreme Court affirmed
• Doby v. State
  25 So. 3d 598· Fla. 2d DCA· 2009-12-02 ·cited 96×
  Jeffrey Doby appealed the dismissal of his habeas corpus petition challenging postconviction court's treatment of it as a Rule 3.850 motion. The court affirmed the dismissal, holding that the petition was properly treated as a postconviction motion and was correctly dismissed as
• Farina v. State
  937 So. 2d 612· Fla.· 2006-07-06 ·cited 96×·via Writ Of Habeas Corpus
  Anthony Farina, a death row inmate, sought post-conviction relief and habeas corpus review after his death sentence for his role in a 1992 Taco Bell robbery and murder of a 17-year-old employee. The Florida Supreme Court affirmed the denial of his post-conviction motion and rejec
• Miller v. State
  926 So. 2d 1243· Fla.· 2006-03-23 ·cited 96×
  David Miller, Jr., a death row inmate convicted of first-degree murder, appealed the denial of his postconviction relief motion under Rule 3.851 and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of all relief, rejecting ineffective assistance of coun
• Mordenti v. State
  894 So. 2d 161· Fla.· 2004-12-16 ·cited 96×
  The Florida Supreme Court reversed the denial of Mordenti's postconviction relief motion and remanded for a new trial, finding that the State committed Brady violations by withholding critical impeachment evidence regarding the credibility of its key witness, Gail Mordenti Millig
• Porter v. Crosby
  840 So. 2d 981· Fla.· 2003-01-09 ·cited 96×
  George Porter, Jr. petitioned for a writ of habeas corpus challenging his death sentence for two first-degree murders committed in 1985, raising claims of ineffective assistance of appellate counsel, constitutional defects in sentencing, and other issues. The Florida Supreme Cour
• Birt v. Montgomery
  725 F.2d 587· 11th Cir.· 1984-02-13 ·cited 96×·via Habeas Corpus Petition
• Jenkins v. Louie L. Wainwright
  322 So. 2d 477· Fla.· 1975-07-02 ·cited 96×
  Catherine Jenkins sought habeas corpus relief from consecutive sentences imposed for possession of cannabis and a hallucinogenic drug. The Florida Supreme Court held that multiple sentences may be imposed for separate drug offenses arising from the same incident, rejecting the 's
• United States ex rel. Willie Seals, Jr. v. Wiman
  304 F.2d 53· 5th Cir.· 1962-05-30 ·cited 96×·via Habeas Corpus Petition
  The court held that the petitioner failed to prove systematic racial discrimination in jury selection, and that claims regarding illegally obtained evidence and prejudicial publicity were not sufficiently supported to warrant habeas corpus relief.
• Pettway v. State
  776 So. 2d 930· Fla.· 2000-11-09 ·cited 95×
  The Florida Supreme Court denied a habeas corpus petitioner's motion to compel the Second District Court of Appeal to hear his transferred petition challenging his convictions and sentences. The Court held that it would not override a lower court's sanction barring a litigant who
• Smith v. State
  400 So. 2d 956· Fla.· 1981-06-25 ·cited 95×
  Dennis Wayne Smith appeals the denial of post-conviction relief after his death sentence for first-degree murder. The Florida Supreme Court affirms the trial court's denial on most grounds but remands for consideration of a Brady violation claim regarding allegedly undisclosed ev
• Johnson v. State
  32 F.4th 1092· 11th Cir.· 2022-04-28 ·cited 94×
  The court affirmed in part and reversed in part the denial of postconviction relief, holding that a claim regarding the lack of written reasons for a guideline departure was barred by failure to raise it on direct appeal, but that a claim that the split sentence exceeded the guid
• Valdez-Garcia v. State
  965 So. 2d 318· Fla. 2d DCA· 2007-09-19 ·cited 94×
  Luis Valdez-Garcia appealed the dismissal of his habeas corpus petition filed in the circuit court where he was convicted rather than where he was incarcerated. The court affirmed the dismissal and clarified that habeas petitions challenging convictions must be filed in the count
• Ward v. Dugger
  508 So. 2d 778· Fla. 1st DCA· 1987-06-23 ·cited 94×
  Sharon Ward petitioned for a writ of habeas corpus seeking leave to file a belated motion for post-conviction relief based on alleged ineffective assistance of counsel, claiming her trial attorney blocked her access to case records needed for the motion. The court dismissed the p
• Ramesh Solomon v. Elsea
  676 F.2d 282· 7th Cir.· 1982-04-22 ·cited 94×
  The court held that the Parole Commission's denial of parole was proper, as the statement of reasons was sufficient, the magnitude of the offense constituted good cause for deviation from guidelines, and the Commission did not abuse its discretion by relying on presentence report
• Wilmer Lane Easter v. Estelle
  609 F.2d 756· 5th Cir.· 1980-01-09 ·cited 94×·via Habeas Corpus Petition
  The court held that the petitioner's claims regarding jury instructions and ineffective assistance of counsel lacked merit and did not warrant federal habeas corpus relief.
• Levin v. Nicholas deB. Katzenbach
  363 F.2d 287· D.C. Cir.· 1966-05-19 ·cited 94×·via Habeas Corpus Petition
  The court held that a conviction may be invalidated if the government negligently failed to disclose exculpatory evidence, even if the defense could have discovered it through due diligence.
• United States ex rel. Darcy v. Handy
  203 F.2d 407· 3d Cir.· 1953-03-24 ·cited 94×·via Habeas Corpus Petition
  The court held that the relator must be afforded an opportunity to prove allegations of hysteria and prejudice at his trial, as the undisputed facts did not countervail these claims. The court also found that the lower court erred in dismissing the petition without allowing the r
• Alachua Reg'l Juv. Detention Ctr. v. T.O.
  684 So. 2d 814· Fla.· 1996-12-19 ·cited 93×
  The Florida Supreme Court held that a district court of appeal may entertain a habeas corpus petition challenging a detention order even when it lacks appellate jurisdiction over the trial court that issued the order, provided the detaining facility is within the district court's
• United States ex rel. Nathaniel Spurlark v. Wolff
  699 F.2d 354· 7th Cir.· 1983-01-28 ·cited 93×·via Habeas Corpus Petition
  The court's holding is not explicitly stated in this concurring and dissenting opinion, but it addresses the application of waiver rules to habeas corpus claims.
• Wingate v. Louie L. Wainwright
  464 F.2d 209· 5th Cir.· 1972-07-25 ·cited 93×
  The admission of evidence of prior robberies for which the defendant had been acquitted, and the prosecutor's argument based on that evidence, violated the defendant's Fifth Amendment right against double jeopardy.
• Brown v. Beto
  377 F.2d 950· 5th Cir.· 1967-05-12 ·cited 93×·via Habeas Corpus Petition
  The court held that the defendant failed to carry his burden of showing his twenty-five year sentence is constitutionally invalid, and the trial judge exercised sufficient precautions in accepting the guilty plea.
• Peede v. State
  955 So. 2d 480· Fla.· 2007-01-11 ·cited 92×
  Robert Peede appeals the denial of his postconviction motion to vacate his first-degree murder conviction and death sentence for killing his estranged wife Darla, and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denials, rejecting cla
• Mansfield v. State
  911 So. 2d 1160· Fla.· 2005-07-07 ·cited 92×·via Writ Of Habeas Corpus
  Scott Mansfield was convicted of first-degree murder and sentenced to death for the brutal killing of Sara Robles in Florida. The Florida Supreme Court affirmed the denial of his Rule 3.851 motion for postconviction relief and his petition for a writ of habeas corpus, finding no
• Amos Lee King v. State
  808 So. 2d 1237· Fla.· 2002-01-16 ·cited 92×·via Writ Of Habeas Corpus
  Amos Lee King, a death row inmate, filed a successive postconviction motion and habeas petition challenging his 1977 conviction and death sentence for the murder of Natalie Brady. The Florida Supreme Court affirmed the trial court's denial of all relief, holding that King failed
• Wright v. Dickson
  336 F.2d 878· 9th Cir.· 1964-09-11 ·cited 92×
  The court held that the district court erred in dismissing the habeas corpus petition without an evidentiary hearing, as disputed factual issues regarding the knowing and intelligent waiver of counsel were raised.
• Morris v. State
  931 So. 2d 821· Fla.· 2006-04-20 ·cited 91×·via Writ Of Habeas Corpus
  Robert Dwayne Morris, convicted of first-degree murder and sentenced to death in 1994, appealed the trial court's denial of postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habe
• SP/4 A. R. Montgomery, IV v. Rumsfeld
  572 F.2d 250· 9th Cir.· 1978-03-23 ·cited 91×·via Writ Of Habeas Corpus
  The court held that the district court erred in dismissing the action for lack of jurisdiction based on failure to exhaust administrative remedies, and that denial of class certification and leave to add plaintiffs was within the trial court's discretion.
• Lynch v. State
  2 So. 3d 47· Fla.· 2008-11-06 ·cited 90×·via Writ Of Habeas Corpus
  Richard Lynch was convicted of two counts of first-degree murder, armed burglary, and armed kidnapping in the March 1999 deaths of Roseanna Morgan and her 13-year-old daughter Leah Caday. The Florida Supreme Court affirmed the circuit court's denial of Lynch's postconviction moti
• Baldwin v. Blackburn
  653 F.2d 942· 5th Cir.· 1981-08-14 ·cited 90×·via Habeas Corpus Petition
  The court held that the district court did not err in denying an evidentiary hearing and in finding that the appellant's trial counsel was effective, and that the jury instructions, while irregular, did not render the trial fundamentally unfair.
• Foxworth v. Louie L. Wainwright
  516 F.2d 1072· 5th Cir.· 1975-08-01 ·cited 90×·via Writ Of Habeas Corpus
  Joint representation of multiple defendants in a capital case, where a plausible defense for one defendant would have prejudiced the others, constitutes a denial of the right to effective assistance of counsel.
• In re Petition of William D. Scott v. Commanding Officer
  431 F.2d 1132· 3d Cir.· 1970-09-15 ·cited 90×
  The court held that the crystallization of conscientious objector beliefs can be within or beyond a registrant's control, depending on the specific circumstances of the case, and should be evaluated on a case-by-case basis.
• McCREARY v. Sigler
  406 F.2d 1264· 8th Cir.· 1969-02-18 ·cited 90×·via Writ Of Habeas Corpus
  Consent to search given after an officer claims to have a warrant is invalid if it is merely acquiescence to a claim of lawful authority.
• William "Billy" Mitchell v. Kemp
  762 F.2d 886· 11th Cir.· 1985-05-23 ·cited 89×·via Habeas Corpus Petition
  The court held that the defendant's counsel was not ineffective and that the district court properly denied habeas corpus relief.
• Harris v. Pulley
  692 F.2d 1189· 9th Cir.· 1982-09-16 ·cited 89×·via Habeas Corpus Petition
  The court held that the California statute is unconstitutional because it lacks a requirement for written jury findings supporting the death penalty, preventing adequate appellate review.
• Geza de Kaplany v. Enomoto
  540 F.2d 975· 9th Cir.· 1976-07-09 ·cited 89×·via Habeas Corpus Proceedings
  The dissent argues that the majority misapplied the Pate v. Robinson rule by not giving sufficient weight to evidence raising doubt about the defendant's competency to stand trial and plead guilty.
• Hills v. Henderson
  529 F.2d 397· 5th Cir.· 1976-03-26 ·cited 89×·via Habeas Corpus Petition
  The court held that while evidence of one related crime was improperly admitted, its admission did not rise to the level of a due process violation, and thus federal habeas corpus relief was denied.
• United States ex rel. Jacob Wissenfeld v. Wilkins
  281 F.2d 707· 2d Cir.· 1960-08-03 ·cited 89×
  The court held that while the district court's findings of fact were not clearly erroneous, the hearing afforded to the relator was inadequate, requiring reversal and remand for a further hearing.
• Johnston v. State
  63 So. 3d 730· Fla.· 2011-03-24 ·cited 88×
  Ray Lamar Johnston appeals the denial of his Rule 3.851 postconviction motion and habeas petition challenging his 1997 death sentence for the murder, kidnapping, robbery, sexual battery, and burglary of Leanne Coryell. The Florida Supreme Court affirmed the trial court's denial o
• Floyd v. State
  808 So. 2d 175· Fla.· 2002-01-17 ·cited 88×
  James Floyd, a death row inmate, appealed the trial court's summary denial of his Rule 3.850 postconviction motion and filed a habeas petition. The Florida Supreme Court reversed in part and remanded for an evidentiary hearing on Floyd's claims of ineffective assistance of counse
• Glock v. Moore
  776 So. 2d 243· Fla.· 2001-01-05 ·cited 88×
  Robert Glock, a death row inmate scheduled for execution, appealed the denial of his successive motion for postconviction relief and filed a habeas corpus petition challenging his 1983 murder conviction and death sentence. The Florida Supreme Court affirmed the trial court's deni
• Curfew Davis v. Kemp
  752 F.2d 1515· 11th Cir.· 1985-01-24 ·cited 88×·via Habeas Corpus Petition
  The court held that the distinction between non-participation and mens rea defenses is flawed and that a Sandstrom error cannot be harmless when intent is an element of the crime.