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

• Duro v. Reina
  851 F.2d 1136· 9th Cir.· 1987-07-09 ·cited 21×·via Habeas Corpus Petition
  The dissent argues that retained tribal sovereignty applies only to tribal members, and federal statutes do not grant tribes criminal jurisdiction over nonmember Indians, leading to potential discrimination.
• Mills v. State
  507 So. 2d 602· Fla.· 1987-05-05 ·cited 21×
  John Mills, a death row inmate convicted of first-degree murder, challenged his death sentence through a Rule 3.850 motion and habeas corpus petition, claiming prosecutorial misconduct, ineffective assistance of counsel, and other trial errors. The Florida Supreme Court affirmed
• Reed Wayne Hamilton v. Crispus NIX
  809 F.2d 463· 8th Cir.· 1987-01-12 ·cited 21×
  The court held that the testimony of witnesses discovered through lawful means, even if obtained after police misconduct, is admissible under the independent source doctrine. The admission of marijuana was error but harmless, and prosecutorial remarks did not render the trial fun
• Wiley v. Louie L. Wainwright
  793 F.2d 1190· 11th Cir.· 1986-07-18 ·cited 21×·via Habeas Corpus Petition
  The court held that the petitioner did not demonstrate ineffective assistance of counsel regarding his guilty plea, nor was the magistrate subject to disqualification due to alleged bias.
• Filimon Castillo Perez v. Sullivan
  793 F.2d 249· 10th Cir.· 1986-06-09 ·cited 21×
  A fifteen-month delay between a guilty plea and sentencing, and subsequent delay in habitual criminal proceedings, did not violate the defendant's Sixth Amendment speedy trial rights or Fifth Amendment due process rights.
• Knaubert v. Goldsmith
  791 F.2d 722· 9th Cir.· 1986-06-09 ·cited 21×
  The court held that the district court did not err in dismissing the habeas corpus petition or denying the motion for appointment of counsel, as the petitioner's claims were either procedurally barred, fairly adjudicated in state court, or did not warrant federal intervention.
• Warjina S. Sarkis Bothyo v. A.D. Moyer
  772 F.2d 353· 7th Cir.· 1985-09-09 ·cited 21×
  The court held that the INS district director did not abuse his discretion in denying a stay of deportation, and the district court's dismissal of the habeas corpus petition did not violate due process.
• Henry v. Louie L. Wainwright
  743 F.2d 761· 11th Cir.· 1984-09-19 ·cited 21×·via Writ Of Habeas Corpus
  The court denied the application for a certificate of probable cause and a stay of execution.
• Dobbert v. State
  456 So. 2d 424· Fla.· 1984-08-28 ·cited 21×
  Ernest John Dobbert appeals the trial court's denial of motions to vacate his death sentence for the 1974 murder of his nine-year-old daughter. The Florida Supreme Court affirms all denials, rejecting claims of ineffective assistance of counsel, perjured testimony, and prosecutor
• Strickland v. Francis
  738 F.2d 1542· 11th Cir.· 1984-07-31 ·cited 21×
  The court held that the jury's determination of competency was not supported by sufficient evidence, and the petitioner was not competent to stand trial, violating his due process rights.
• In re Extradition of John Edward Burt to the Federal Republic of Germany
  737 F.2d 1477· 7th Cir.· 1984-07-02 ·cited 21×
  Federal courts have the authority in habeas corpus review of extraditions to consider constitutional challenges to the executive branch's conduct in deciding to extradite, not just the magistrate's findings.
• Goode v. Louie L. Wainwright
  731 F.2d 1482· 11th Cir.· 1984-04-04 ·cited 21×
  The court held that the petitioner's claims regarding procedural due process and substantive due process/Eighth Amendment were properly denied, with the latter being barred due to abuse of the writ.
• Ritter v. Smith
  726 F.2d 1505· 11th Cir.· 1984-02-27 ·cited 21×
  The 1975 Alabama death penalty statute's sentencing procedures, which required the judge to consider the jury's mandatory death sentence, are unconstitutional. However, the statute's preclusion of lesser included offenses at the guilt phase did not entitle the petitioner to a new
• Scott v. Louie L. Wainwright
  433 So. 2d 974· Fla.· 1983-06-03 ·cited 21×
  Paul William Scott, convicted and sentenced to death for first-degree murder, challenged the effectiveness of his appellate counsel and sought habeas corpus relief, error coram nobis, and stay of execution. The Florida Supreme Court denied all relief, finding no reversible error
• Williams v. State
  421 So. 2d 512· Fla.· 1982-10-28 ·cited 21×
  The Florida Supreme Court held that the rule announced in State v. Sarmiento, prohibiting warrantless electronic interception of conversations in a defendant's home, does not apply retroactively to convictions that became final before Sarmiento was decided. The Court applied the
• O'Bryan v. Estelle
  691 F.2d 706· 5th Cir.· 1982-10-27 ·cited 21×·via Habeas Corpus Petition
  The court (in dissent) would not grant a stay of execution because the petitioner's claims of constitutional error were without merit.
• Dunn v. Wyrick
  679 F.2d 731· 8th Cir.· 1982-06-01 ·cited 21×
  The court held that the district court was justified in denying the habeas petition without an evidentiary hearing because the petitioner's allegations were contradicted by his sworn statements during the plea proceedings.
• Goodman v. Keohane
  663 F.2d 1044· 11th Cir.· 1981-12-14 ·cited 21×
  The court held that the Parole Board's issuance of a detainer was proper and that the petitioner was not entitled to habeas corpus relief due to delays or transfers.
• Satchell v. Cardwell
  653 F.2d 408· 9th Cir.· 1981-08-10 ·cited 21×·via Habeas Corpus Petition
  The court held that the petitioner's Sixth Amendment right to effective assistance of counsel was not violated by his attorney's failure to file a motion to suppress evidence, as the attorney's actions were within the bounds of reasonably competent representation and the entry wa
• Johns v. Dep't OF Just. OF the United States
  653 F.2d 884· 5th Cir.· 1981-08-04 ·cited 21×·via Writ Of Habeas Corpus
• Germany v. Estelle
  639 F.2d 1301· 5th Cir.· 1981-03-19 ·cited 21×·via Habeas Corpus Petition
  The admission of Germany's incriminating statement was harmless error, and the state court's factual findings regarding the compulsory process claim are presumed correct under 28 U.S.C. § 2254(d).
• Atkins v. People OF the State OF Mich. (William L. Cahalan
  644 F.2d 543· 6th Cir.· 1981-03-02 ·cited 21×·via Habeas Corpus Petition
  The Sixth Circuit held that while a federal court can entertain a pretrial habeas petition for a speedy trial claim to enforce the state's duty to provide a prompt trial, the district court erred in dismissing the indictment prematurely. The court also held that the arbitrary rev
• United States v. Warren
  610 F.2d 680· 9th Cir.· 1980-01-03 ·cited 21×
  A district court exceeds its jurisdiction under Fed.R.Crim.P. 35 by ordering a transfer of an inmate from state to federal custody or by crediting time spent in state custody, as these are matters of comity and executive discretion.
• Thompson v. Procunier
  539 F.2d 26· 9th Cir.· 1976-07-21 ·cited 21×
  Where a state court denies a habeas corpus petition presenting a federal constitutional question without stating a reason, the federal court will assume the state court passed on the merits and resolved the issue against the petitioner.
• Williams v. McCALL
  531 F.2d 1247· 5th Cir.· 1976-02-04 ·cited 21×·via Habeas Corpus Petition
  The court held that the district court erred in dismissing the prisoner's civil rights complaint without affording him an opportunity to prove his allegations.
• Palmore v. Superior Court of the Dist. of Columbia
  515 F.2d 1294· D.C. Cir.· 1975-07-09 ·cited 21×
  The dissenting judge holds that 23 D.C. Code § 110(g) is an exhaustion of remedies requirement that does not affect federal habeas corpus jurisdiction.
• Ralls v. Manson
  503 F.2d 491· 2d Cir.· 1974-07-05 ·cited 21×
  The court held that a state prisoner's pending direct appeal to the state Supreme Court, even with delays, means he has not exhausted state remedies as required for federal habeas corpus relief.
• Gaito v. Brierley
  485 F.2d 86· 3d Cir.· 1973-09-21 ·cited 21×
  Compelling a defendant to appear before a jury in prison clothes unconstitutionally infringes his due process right to be presumed innocent, and the district court's finding that the clothes were not identifiable as prison clothes was clearly erroneous.
• United States ex rel. Ronald James Dessus v. Commonwealth of Pa.
  452 F.2d 557· 3d Cir.· 1971-11-29 ·cited 21×·via Habeas Corpus Petition
  Federal courts lack habeas corpus jurisdiction for a petitioner not in custody, and the denial of funds for a defense psychologist was within the trial court's discretion.
• Fraser v. United States (two cases)
  145 F.2d 139· 6th Cir.· 1944-10-03 ·cited 21×·via Writ Of Habeas Corpus
  The court held that purchasers of non-quota cotton are liable for penalties under the Agricultural Adjustment Act, and that the husband-wife privilege does not shield communications or acts in furtherance of fraud, especially in federal equity courts.
• Johnson v. Lindsey
  89 Fla. 143· Fla.· 1925-02-21 ·cited 21×·via Writ Of Habeas Corpus
  Theodore Johnson, convicted of unlawful possession of intoxicating liquor and sentenced to six months in jail with the sentence suspended on good behavior, was arrested and imprisoned nearly eighteen months after sentencing. The Florida Supreme Court held that once Johnson had fu
• Tarleton v. Sec'y, Fla. Dep't of Corr.
  5 F.4th 1278· 11th Cir.· 2021-07-23 ·cited 20×
  Marvin Tarleton was convicted of armed bank robbery in Florida based on identification evidence from family members and a bank teller, though DNA and fingerprint evidence excluded him as a contributor. The Eleventh Circuit affirmed the denial of his federal habeas petition for in
• Taylor v. State
  260 So. 3d 151· Fla.· 2018-12-20 ·cited 20×
  Steven Richard Taylor seeks relief from his 1993 first-degree murder conviction and death sentence based on two successive postconviction motions alleging newly discovered evidence. The Florida Supreme Court affirmed the denial of both claims, concluding that the newly discovered
• Correll v. State
  184 So. 3d 478· Fla.· 2015-10-02 ·cited 20×·via Writ Of Habeas Corpus
  Jerry William Correll, a death row inmate, challenged Florida's death penalty system and execution protocol through successive postconviction motions and public records requests. The Florida Supreme Court rejected all of his constitutional challenges to the death penalty, length
• McKENZIE v. State
  153 So. 3d 867· Fla.· 2014-04-17 ·cited 20×·via Writ Of Habeas Corpus
  Norman Blake McKenzie appeals the summary denial of his Rule 3.851 postconviction motion challenging his death sentences for two first-degree murders. McKenzie, who represented himself during trial after a knowing and voluntary waiver of counsel, claims ineffective assistance of
• Martinez v. State
  123 So. 3d 701· Fla. 1st DCA· 2013-10-28 ·cited 20×
  Justin Martinez sought habeas corpus relief contending that appellate counsel was ineffective for failing to raise fundamental error at sentencing, where the trial court relied on unsubstantiated allegations of drug involvement not proven at trial. The First District Court of App
• Wyatt v. State
  78 So. 3d 512· Fla.· 2011-11-23 ·cited 20×·via Writ Of Habeas Corpus
  Thomas Anthony Wyatt, a death row inmate, appealed the denial of his postconviction relief motions challenging his 1988 first-degree murder conviction and death sentence for killing Cathy Nydegger in Florida. The Florida Supreme Court affirmed the denial of all postconviction cla
• Coleman v. State
  64 So. 3d 1210· Fla.· 2011-06-02 ·cited 20×
  Michael Coleman appeals the denial of his Rule 3.850 motion challenging his death sentences for four first-degree murders. The Florida Supreme Court held that trial counsel rendered ineffective assistance during the penalty phase by failing to investigate and present substantial
• In re Florida Rules of Civil Procedure for Involuntary Commitment of Sexually Violent Predators
  13 So. 3d 1025· Fla.· 2009-07-09 ·cited 20×·via Habeas Corpus Petition
  The Florida Supreme Court adopted a comprehensive set of civil procedure rules governing involuntary commitment proceedings for sexually violent predators under the Jimmy Ryce Act. The Court adopted most of the proposed rules with modifications while declining to adopt two rules,
• Wainwright v. State
  896 So. 2d 695· Fla.· 2004-11-24 ·cited 20×·via Writ Of Habeas Corpus
  Anthony Floyd Wainwright, a death row inmate, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and denied t
• Krischer v. Faris
  838 So. 2d 600· Fla. 4th DCA· 2003-02-12 ·cited 20×·via Writ Of Habeas Corpus
  Faris sought to enforce a plea agreement that he claimed was violated when the State initiated civil commitment proceedings under the Jimmy Ryce Act immediately before his release from prison. The Fourth District Court of Appeal reversed the trial court's order granting Faris's m
• Amendments TO Fla. Rules OF Crim. Procedure 3.851
  797 So. 2d 1213· Fla.· 2001-07-12 ·cited 20×
  The Florida Supreme Court amended Rule 3.851 governing capital postconviction relief procedures to expedite death penalty cases while maintaining fairness and quality. The amendments establish new procedures for appointing counsel, conducting status conferences, and holding evide
• Johnson v. Dep't OF Child. & Fam. Servs. OF the State OF Fla.
  747 So. 2d 402· Fla. 4th DCA· 1999-10-06 ·cited 20×·via Habeas Corpus Petition
  Walter Johnson petitioned for habeas corpus after being detained under Florida's Jimmy Ryce Act following completion of his criminal sentence. The court held that the multidisciplinary team report evaluating him as a sexually violent predator must be signed by all team members, n
• Houser v. Manning
  719 So. 2d 307· Fla. 3d DCA· 1998-07-22 ·cited 20×
  Kevin Houser was released on bond for armed robbery with conditions prohibiting firearm possession. While on bond, he was arrested for carrying a concealed firearm, leading to revocation of his original bond and denial of reinstatement. The Florida Third District Court of Appeal
• VAN Meter v. Singletary
  682 So. 2d 1162· Fla. 1st DCA· 1996-10-30 ·cited 20×·via Writ Of Habeas Corpus
  An inmate challenged a disciplinary sanction via mandamus petition filed 18 months after the administrative appeal was denied. The trial court dismissed the petition under a 30-day statute of limitations for prisoner disciplinary actions. The appellate court held the statute unco
• Nava v. State
  652 So. 2d 1264· Fla. 4th DCA· 1995-04-12 ·cited 20×
  Court grants habeas corpus petition to allow belated appeal where trial court's order denying Rule 3.850 relief failed to provide notice of appeal deadline and state showed no specific prejudice from delay.
• Barnard v. Collins
  958 F.2d 634· 5th Cir.· 1992-04-03 ·cited 20×
  The court held that the Texas capital sentencing statute, as applied, did not unconstitutionally prevent the jury from considering mitigating evidence, and that Barnard's claims of ineffective assistance of counsel lacked merit.
• Taylor v. Gilmore
  954 F.2d 441· 7th Cir.· 1992-01-21 ·cited 20×
  The court held that the jury instructions invalidated in Reddick were based solely on Illinois state law and did not present a federal constitutional claim, thus not entitling the petitioner to federal habeas relief. However, the court found that Falconer v. Lane did not announce
• Wilkerson v. Collins
  950 F.2d 1054· 5th Cir.· 1992-01-06 ·cited 20×
• Cuevas v. Collins
  932 F.2d 1078· 5th Cir.· 1991-05-22 ·cited 20×·via Habeas Corpus Petition
  The court held that the petitioner's Penry claim, competency to stand trial claim, and competency to be executed claim were procedurally barred or lacked merit, and thus denied the application for stay of execution.