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

• Lunce v. Overlade
  244 F.2d 108· 7th Cir.· 1957-05-03 ·cited 20×
  The court held that allegations of grossly incompetent counsel, if proven, constitute a violation of due process under the Fourteenth Amendment, requiring a federal court to review the claim.
• State ex rel. Johnson v. Mayo
  69 So. 2d 307· Fla.· 1954-01-05 ·cited 20×·via Writ Of Habeas Corpus
  Johnson, on death row for murder, sought habeas corpus relief arguing his death sentence was excessive and discriminatorily applied based on race and age, citing statistics showing that seven non-white defendants aged 15-19 were executed over 12 years while no white defendants in
• Gonzales v. Barber
  207 F.2d 398· 9th Cir.· 1953-09-15 ·cited 20×
  A Filipino national who lawfully entered the United States before Philippine independence did not make an 'entry' as defined by immigration law, and thus cannot be deported for crimes committed after that initial arrival.
• Burns v. Lovett
  202 F.2d 335· D.C. Cir.· 1952-07-31 ·cited 20×
  Habeas corpus is not available to review courts-martial decisions unless there has been a gross violation of constitutional rights that affects the tribunal's basic power to render judgment.
• United States ex rel. Turpin v. Snyder
  183 F.2d 742· 2d Cir.· 1950-07-06 ·cited 20×
  The court held that the relator did not waive his right to challenge the validity of his Wisconsin conviction by failing to raise it when sentenced as a second offender in New York, and he should be allowed to test the issue in federal court.
• Carroll v. United States
  174 F.2d 412· 6th Cir.· 1949-05-18 ·cited 20×·via Habeas Corpus Proceedings
• United States ex rel. Weddeke v. Watkins
  166 F.2d 369· 2d Cir.· 1948-02-04 ·cited 20×
  The court held that the denial of habeas corpus was proper because the Immigration Service was not required to entertain a collateral attack on a state court conviction when denying discretionary relief from deportation.
• Peterson v. State
  221 So. 3d 571· Fla.· 2017-07-06 ·cited 19×·via Writ Of Habeas Corpus
  Robert Earl Peterson, convicted of first-degree murder and sentenced to death based on a 7-5 jury recommendation, appeals the denial of his motion to vacate conviction and sentence. The Florida Supreme Court affirmed the denial of postconviction relief on guilt-phase ineffective
• Knight v. State
  225 So. 3d 661· Fla.· 2017-01-31 ·cited 19×
  Richard Knight was convicted of two counts of first-degree murder and sentenced to death. On appeal from denial of his Rule 3.851 postconviction motion and habeas corpus petition, the Florida Supreme Court affirmed his convictions and death sentence, finding no ineffective assist
• Peterson v. State
  154 So. 3d 275· Fla.· 2014-06-26 ·cited 19×
  Charles Peterson appeals the denial of his postconviction motion for relief challenging his first-degree murder conviction and death sentence for the 1997 murder of John Cardoso during a robbery. The Florida Supreme Court affirmed the circuit court's denial, finding that Peterson
• State of Fla. & Dep't of Juv. Just. v. S.M.
  131 So. 3d 780· Fla.· 2013-12-12 ·cited 19×
  The Florida Supreme Court held that a juvenile with a risk assessment score of zero may be placed in home detention when the risk assessment instrument indicates the juvenile has violated probation or conditional release, and that district courts cannot grant habeas relief challe
• Stephens v. State
  975 So. 2d 405· Fla.· 2007-11-15 ·cited 19×
  Jason Demetrius Stephens appeals the denial of postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the denial of all relief, finding that trial counsel's perform
• Franqui v. State
  965 So. 2d 22· Fla.· 2007-05-03 ·cited 19×
  Leonardo Franqui appeals the circuit court's denial of his Rule 3.851 postconviction motion challenging his conviction and death sentence for first-degree murder during a bank robbery. The Florida Supreme Court affirms the denial of postconviction relief and Franqui's petition fo
• Viet HO v. State
  929 So. 2d 1155· Fla. 5th DCA· 2006-06-02 ·cited 19×
• Rutherford v. Crosby
  438 F.3d 1087· 11th Cir.· 2006-01-30 ·cited 19×·via Habeas Corpus Petition
  The district court correctly dismissed the petitioner's complaint for lack of jurisdiction, finding it to be the functional equivalent of a successive habeas corpus petition. The court also denied the application for a stay of execution, concluding that the petitioner had unduly
• Swain v. State
  911 So. 2d 140· Fla. 3d DCA· 2005-06-15 ·cited 19×
  Michael Swain appealed the trial court's denial of his second motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800. The court affirmed, holding that the law of the case doctrine and res judicata barred Swain from relitigating claims previously deci
• Henyard v. State
  883 So. 2d 753· Fla.· 2004-05-27 ·cited 19×·via Writ Of Habeas Corpus
  Richard Henyard, Jr. was convicted of two counts of first-degree murder, attempted first-degree murder, sexual battery, robbery, and kidnapping for a 1993 crime in which he and a younger accomplice robbed, raped, and shot a woman (who survived) and murdered her two young daughter
• Whitfield v. Singletary
  730 So. 2d 314· Fla. 3d DCA· 1999-02-10 ·cited 19×
  Appellate counsel was not ineffective for failing to challenge the predicate offenses used for habitual violent felony offender adjudication.
• Grossman v. Dugger
  708 So. 2d 249· Fla.· 1997-12-18 ·cited 19×
  Martin Grossman, sentenced to death for the 1984 murder of wildlife officer Peggy Park, appeals the denial of his Rule 3.850 postconviction motion and seeks habeas corpus relief. The Florida Supreme Court affirms the denial of both the postconviction motion and the habeas petitio
• Cleon L. Smith v. State
  685 So. 2d 912· Fla. 5th DCA· 1996-12-13 ·cited 19×·via Writ Of Habeas Corpus
  Smith seeks a belated appeal of an order denying a Rule 3.800 motion for gain time credit. The court holds that a defendant cannot raise the same issue in a successive Rule 3.800 motion after failing to appeal the first denial. The court affirms the denial but discusses the subst
• Hipschman v. Cochran
  683 So. 2d 209· Fla. 4th DCA· 1996-11-27 ·cited 19×·via Writ Of Habeas Corpus
  A Florida appellate court granted habeas corpus relief to a husband incarcerated under a civil contempt order for failure to pay alimony, finding the order constitutionally deficient because it allowed the clerk to issue arrest warrants without notice or hearing to the husband, a
• Elliot Reno Whatley v. State
  679 So. 2d 1269· Fla. 2d DCA· 1996-09-20 ·cited 19×
  Elliot Reno Whatley petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel for failing to raise a double jeopardy violation. Whatley was convicted of both aggravated battery and burglary with a battery, where the same conduct (the battery) was
• Deutscher v. Harol Whitley
  946 F.2d 1443· 9th Cir.· 1991-10-15 ·cited 19×
  The court held that constitutional errors at sentencing, including ineffective assistance of counsel and an unconstitutionally vague aggravating factor, undermined the accuracy of the death sentence, thus warranting a grant of habeas corpus to prevent a fundamental miscarriage of
• Marshall v. Dugger
  925 F.2d 374· 11th Cir.· 1991-03-01 ·cited 19×
  A defendant waives the Sixth Amendment right to counsel by unreasonably dismissing qualified, court-appointed counsel without good cause.
• Kelsey v. McMILLAN
  560 So. 2d 1343· Fla. 1st DCA· 1990-05-07 ·cited 19×
  Petitioners sought habeas corpus relief challenging a trial court's order increasing their bail bonds pending trial for drug possession. The appellate court granted the writ, finding the bond increases were improper because they were based on generalized concerns about drug traff
• Xiques v. Dugger
  571 So. 2d 3· Fla. 2d DCA· 1990-04-20 ·cited 19×·via Writ Of Habeas Corpus
  John Xiques petitioned for habeas corpus relief, seeking belated appellate review of his 1982 escape conviction based on claims that his trial counsel failed to file a notice of appeal despite his timely request. The court denied the petition as a successive petition that could b
• In the Interest of C.M.T. v. Dep't of Health & Rehabilitative Servs.
  550 So. 2d 126· Fla. 1st DCA· 1989-10-03 ·cited 19×·via Writ Of Habeas Corpus
  A juvenile petitioned for writ of mandamus challenging the Department of Health and Rehabilitative Services' failure to place him in a commitment program within five days of commitment, as required by Florida Statute § 959.12. The court held that the statute mandates placement wi
• Laycock v. State OF NEW Mexico
  880 F.2d 1184· 10th Cir.· 1989-07-26 ·cited 19×·via Petition For Habeas Corpus Relief
  The court held that the district court's denial of the habeas corpus petition was correct, affirming the judgment.
• Adams v. Midge Carroll
  875 F.2d 1441· 9th Cir.· 1989-05-30 ·cited 19×·via Habeas Corpus Petition
  A criminal defendant's request to proceed pro se is not rendered equivocal by being conditioned on the refusal to appoint a specific attorney the defendant distrusts.
• Alvord v. Dugger
  541 So. 2d 598· Fla.· 1989-02-09 ·cited 19×
  Gary Alvord petitioned for habeas corpus relief challenging his death sentence for three murders, arguing a Hitchcock violation (jury instructed to consider only statutory mitigating circumstances) and a confession error (Miranda warnings were deficient). The Florida Supreme Cour
• In re Fritz Desir v. Ilchert
  840 F.2d 723· 9th Cir.· 1988-05-26 ·cited 19×
  Beatings, imprisonment, and assaults by government security forces for extortion can constitute persecution on account of political opinion under the Immigration and Nationality Act.
• Slicker v. Louie L. Wainwright
  809 F.2d 768· 11th Cir.· 1987-02-12 ·cited 19×·via Habeas Corpus Petition
  The court held that the district court must determine if the appellant's allegations satisfy the standard set forth in Hill v. Lockhart regarding ineffective assistance of counsel and prejudice from faulty legal advice.
• Brown v. Sheriff OF Broward Cnty. Jail
  502 So. 2d 88· Fla. 4th DCA· 1987-02-11 ·cited 19×
  James Brown, a pro se plaintiff in a civil lawsuit who is incarcerated in state custody, sought habeas corpus relief challenging a trial court order barring his attendance at all future hearings and requiring motions to be decided by written memorandum without oral argument. The
• Son H. Fleming v. Kemp
  794 F.2d 1478· 11th Cir.· 1986-06-27 ·cited 19×·via Habeas Corpus Petition
  The concurring judge believes the issue of waiver of the right to counsel has sufficient merit to warrant a stay of execution for briefing and review.
• Gaddy v. Linahan
  780 F.2d 935· 11th Cir.· 1986-01-22 ·cited 19×·via Habeas Corpus Petition
  The court held that a guilty plea must be knowing and voluntary, requiring the defendant to understand the elements of the charge, and that the reading of an indictment alone may be insufficient for a defendant of minimal mental capacity.
• Edgemon v. A.L. Lockhart
  768 F.2d 252· 8th Cir.· 1985-07-17 ·cited 19×
  The court held that the petitioner's claim of a conflict of interest due to his counsel also representing a sheriff and a prosecution witness was sufficiently pleaded and required an evidentiary hearing, as did the claim that counsel failed to challenge a potentially mentally inc
• Hajduk v. United States
  764 F.2d 795· 11th Cir.· 1985-07-01 ·cited 19×
  A challenge to parole commission actions, not the original sentence, must be brought via habeas corpus under 28 U.S.C. § 2241, not a motion to vacate sentence under 28 U.S.C. § 2255.
• Lerner v. Gill
  751 F.2d 450· 1st Cir.· 1985-01-04 ·cited 19×·via Habeas Corpus Petition
  The court held that the Rhode Island Supreme Court's construction of the parole eligibility statute was not an ex post facto law and its application did not violate due process, as it was not more onerous than the law at the time of the crime.
• Cook v. Fla. Parole & Prob. Comm'n
  749 F.2d 678· 11th Cir.· 1985-01-02 ·cited 19×·via Habeas Corpus Petition
  The court held that while state delays can excuse the exhaustion requirement, the circumstances here do not warrant excusing it, but the district court should allow the petitioner to choose whether to proceed in state court without his presence.
• Mitchell v. Scully
  746 F.2d 951· 2d Cir.· 1984-10-23 ·cited 19×·via Habeas Corpus Petition
  The court held that the defendant's claim of ineffective assistance of counsel regarding an affirmative defense lacked merit because there was no reasonable probability that the defense would have succeeded or resulted in a more favorable outcome.
• DiRUGGIERO v. Rodgers
  743 F.2d 1009· 3d Cir.· 1984-09-17 ·cited 19×·via Writ Of Habeas Corpus
  The court held that claims under the Parental Kidnapping Prevention Act (PKPA) arise under federal law, and that the domestic relations exception does not bar diversity jurisdiction over a state-law child abduction tort claim.
• Cornell Jackson v. Wyrick
  730 F.2d 1177· 8th Cir.· 1984-03-29 ·cited 19×
  The court held that the repeated interrogations of the petitioner did not violate his Miranda rights because the police scrupulously honored his right to cut off questioning.
• Walker v. A.L. Lockhart
  726 F.2d 1238· 8th Cir.· 1984-01-18 ·cited 19×·via Writ Of Habeas Corpus
  The court, sitting en banc, granted a petition for recall of mandate and remanded the case to the district court to take evidence on new factual issues. These issues include testimony from Russell Kumpe and his former wife regarding Kumpe's alleged firing of a gun, and the admiss
• Seymour X Cotton, Jr. v. Mabry
  674 F.2d 701· 8th Cir.· 1982-03-31 ·cited 19×
  The court held that the petitioner's delay in attacking his 1969 guilty plea was not unreasonable and the state's destruction of evidence did not establish prejudice to bar review under laches.
• United States ex rel. Fred del Genio v. United States Bureau OF Prisons
  644 F.2d 585· 7th Cir.· 1980-09-09 ·cited 19×
  The court held that the petitioner's mandatory release date was calculated correctly, and his term of imprisonment has not been fully served.
• Skipper v. Louie L. Wainwright
  598 F.2d 425· 5th Cir.· 1979-07-06 ·cited 19×
  The court held that a factual dispute regarding counsel's bar admission requires remand for further fact-finding, while other claims were properly denied.
• United States v. Hollis
  569 F.2d 199· 3d Cir.· 1977-12-29 ·cited 19×·via Habeas Corpus Proceedings
  The court held that the trial court erred in placing the burden of proving incompetency on the habeas petitioner when the issue of competency was raised but not litigated prior to conviction.
• Autry Lee Jones v. Henderson
  549 F.2d 995· 5th Cir.· 1977-03-31 ·cited 19×·via Habeas Corpus Petition
• Kolski v. Garland Watkins
  544 F.2d 762· 5th Cir.· 1977-01-03 ·cited 19×
  Federal courts must abstain from granting habeas relief from a pending state criminal prosecution unless extraordinary circumstances demonstrate irreparable injury, bad faith, or harassment.
• Pressley v. Louie L. Wainwright
  540 F.2d 818· 5th Cir.· 1976-10-15 ·cited 19×
  The court held that the prisoner's right to petition for certiorari was frustrated by the state's failure to timely act, constituting ineffective assistance of counsel.