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

• United States ex rel. Walter Bibbs v. Twomey
  506 F.2d 1220· 7th Cir.· 1974-12-09 ·cited 19×
  The court held that the record was insufficient to determine if the manner of introducing prior convictions denied due process, requiring remand for further proceedings.
• Bassett v. Smith
  464 F.2d 347· 5th Cir.· 1972-07-17 ·cited 19×·via Habeas Corpus Petition
  The dissenting judge argues that the ruling in Smith v. Smith should be applied retroactively, disagreeing with the majority's balancing of factors.
• Boyer v. City OF Orlando
  232 So. 2d 169· Fla.· 1970-02-25 ·cited 19×·via Writ Of Habeas Corpus
  William Boyer was convicted of disorderly conduct and resisting a police officer in municipal court without being advised of his right to counsel or offered appointed counsel, despite being indigent. The Florida Supreme Court declined to answer a certified question about the cons
• Benson v. State OF Cal.
  328 F.2d 159· 9th Cir.· 1964-02-14 ·cited 19×
  A petitioner seeking enlargement on bail pending appeal of a habeas corpus denial is not entitled to bail absent special circumstances, and the impending release from jail does not render the case moot.
• Rodriguez v. State
  119 So. 2d 681· Fla.· 1960-04-13 ·cited 19×·via Habeas Corpus Petition
  A prisoner's petition for habeas corpus seeking release based on time served under a deferred sentence is premature if no sentence was actually imposed.
• State of Fla. ex rel. Rose Miller v. Kelly
  88 So. 2d 118· Fla.· 1956-06-06 ·cited 19×·via Writ Of Habeas Corpus
  A defendant who moves for and is granted a new trial waives any claim of double jeopardy, and the materiality of testimony is a question for the jury if properly preserved.
• Snow v. Roche
  143 F.2d 718· 9th Cir.· 1944-06-30 ·cited 19×
  The court held that a writ of mandamus would not issue because the underlying petition for habeas corpus did not state a claim for illegal detention, which is the sole purpose of the writ.
• Botwinski v. Dowd
  118 F.2d 829· 7th Cir.· 1941-03-06 ·cited 19×
  The appeal is dismissed because it was not properly before the court due to the absence of a required certificate of probable cause.
• Stokes v. Galloway
  61 Fla. 437· Fla.· 1911-01-01 ·cited 19×·via Habeas Corpus Proceedings
  This case concerns whether an amendment to a state statute, Chapter 5692, Acts of 1907, violated a constitutional provision requiring laws to embrace but one subject, briefly expressed in the title. The court found the amendment constitutional and affirmed the lower court's decis
• Jimenez v. State
  196 So. 3d 499· Fla. 3d DCA· 2016-07-13 ·cited 18×
  Diego Jimenez appeals an order prohibiting him from filing further pro se pleadings related to his 2003 criminal convictions and 60-year sentence. The Third District Court of Appeal affirmed the prohibition, finding that Jimenez's filing of numerous successive, meritless motions
• Jarvis D. Coleman v. State
  128 So. 3d 193· Fla. 5th DCA· 2013-12-06 ·cited 18×
  Jarvis Coleman sought habeas corpus relief claiming manifest injustice stemming from his second-degree murder conviction. The court granted the petition, finding that appellate counsel was ineffective for failing to file a supplemental brief raising the Montgomery decision during
• Shellito v. State
  121 So. 3d 445· Fla.· 2013-07-03 ·cited 18×·via Writ Of Habeas Corpus
  Michael Wayne Shellito was convicted of first-degree murder and sentenced to death. On appeal, the Florida Supreme Court affirmed his conviction but reversed and remanded for a new penalty phase, finding his trial counsel was ineffective for failing to adequately investigate and
• Dill v. State
  79 So. 3d 849· Fla. 5th DCA· 2012-01-27 ·cited 18×·via Writ Of Habeas Corpus
  Appellate counsel was ineffective for failing to seek supplemental briefing on a jury instruction that was later found to be fundamental error.
• Gould v. State
  974 So. 2d 441· Fla. 2d DCA· 2007-12-19 ·cited 18×
  Stephen Gould petitioned for certiorari review of a circuit court's denial of his habeas corpus petition challenging a magistrate's finding of probable cause for a DUI arrest. The appellate court granted certiorari, holding that a uniform traffic citation alone—particularly one s
• K.E. v. Dep't OF Juv. Just.
  963 So. 2d 864· Fla. 1st DCA· 2007-08-14 ·cited 18×
  K.E., a child accused of misdemeanor battery and resisting arrest, challenged her detention in a juvenile delinquency case via habeas corpus. The court granted the petition, finding that the trial judges violated Florida's detention statutes by failing to provide clear and convin
• Richardson v. Fla. Parole Comm'n
  924 So. 2d 908· Fla. 1st DCA· 2006-03-23 ·cited 18×
  Richardson, an inmate on conditional release supervision, challenges the Florida Parole Commission's revocation of his release after a hearing examiner found him not guilty of alleged violations. The appellate court grants certiorari, holding that the Commission impermissibly rej
• Hakkenberg v. State
  889 So. 2d 935· Fla. 2d DCA· 2004-12-17 ·cited 18×
  Hakkenberg petitioned for relief based on ineffective assistance of appellate counsel for failing to preserve a sentencing error claim. The court granted the petition on the ground that appellate counsel should have filed a motion to correct sentencing error when Hakkenberg was r
• Mabrey v. Fla. Parole Comm'n
  858 So. 2d 1176· Fla. 2d DCA· 2003-11-07 ·cited 18×
  Raymond Mabrey petitions for certiorari review of a circuit court order denying his habeas corpus petition challenging the Florida Parole Commission's revocation of his conditional release. The court grants the petition, finding that the circuit court departed from essential requ
• R.G. v. State
  817 So. 2d 1019· Fla. 3d DCA· 2002-05-31 ·cited 18×
  A juvenile petitioner sought habeas corpus relief from secure detention ordered by a trial judge without a required risk assessment. The appellate court granted the petition, finding the detention violated Florida's statutory requirements for detention decisions.
• J.J. v. Fryer
  765 So. 2d 260· Fla. 4th DCA· 2000-08-15 ·cited 18×
  A 13-year-old juvenile petitioner sought habeas corpus relief to challenge a trial court's order placing him in secure detention for 21 days pending adjudication on grand theft auto charges. The court granted the petition, holding that the trial judge violated statutory requireme
• J.M.B. v. State
  750 So. 2d 654· Fla. 2d DCA· 1999-06-25 ·cited 18×·via Writ Of Habeas Corpus
  J.M.B., a juvenile adjudicated delinquent in multiple cases, appealed contesting the voluntariness of his guilty pleas and claiming inadequate plea colloquies. The court held that while the plea colloquies were inadequate, a juvenile cannot challenge plea voluntariness on direct
• Diaz v. Dugger
  719 So. 2d 865· Fla.· 1998-06-11 ·cited 18×
  Angel Diaz appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in a death penalty case, and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denial of relief, finding no merit to Diaz's clai
• Clark v. State
  690 So. 2d 1280· Fla.· 1997-03-27 ·cited 18×
  Larry Clark challenges his 1981 first-degree murder conviction and death sentence in a Rule 3.850 postconviction relief appeal. The Florida Supreme Court affirms the conviction and guilt-phase denial but reverses the death sentence, finding that Clark's trial counsel provided ine
• Domberg v. State
  661 So. 2d 285· Fla.· 1995-07-20 ·cited 18×
  Domberg sought habeas relief claiming his departure sentences were illegal because the trial judge filed written reasons after notice of appeal was filed. The Florida Supreme Court approved the district court's denial of habeas relief but disapproved its reasoning, holding that w
• Henderson v. Singletary
  617 So. 2d 313· Fla.· 1993-04-19 ·cited 18×
  Robert Dale Henderson, a death row inmate under three death sentences, sought a stay of execution and challenged his death sentences through a second Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court rejected all claims as either procedurally barred or harml
• Chichakly v. United States
  926 F.2d 624· 7th Cir.· 1991-02-21 ·cited 18×·via Writ Of Habeas Corpus
  The court held that the defendant's claims of ineffective assistance of counsel and incompetence to plead guilty were without merit, affirming the denial of his habeas corpus petition.
• Levis Leon Aldridge v. Dugger
  925 F.2d 1320· 11th Cir.· 1991-02-20 ·cited 18×·via Habeas Corpus Petition
  The court held that the trial court's jury instructions improperly limited the jury's consideration of nonstatutory mitigating circumstances, violating Hitchcock v. Dugger, and that this error was not harmless.
• United States v. Kinsey
  917 F.2d 181· 5th Cir.· 1990-11-01 ·cited 18×·via Habeas Corpus Proceedings
  The court held that a Sixth Amendment ineffective assistance of counsel claim cannot be resolved on direct appeal without a district court record, and that the use of defendant's admissions in sentencing requires factual findings regarding what the government knew prior to the pl
• Sikes v. McMILLIAN
  564 So. 2d 1206· Fla. 1st DCA· 1990-07-25 ·cited 18×
  An appellate court may grant relief via habeas corpus if a petitioner demonstrates that the amount of bail set by the trial court is unreasonable under the circumstances.
• Jones v. U.S. Bureau OF Prisons
  903 F.2d 1178· 8th Cir.· 1990-05-17 ·cited 18×
  The court held that it lacks jurisdiction to review the substantive decisions of the Parole Commission to grant or deny parole, and that the petitioner is not entitled to habeas relief because he eventually received a parole hearing, despite the delay.
• Bolender v. Dugger
  564 So. 2d 1057· Fla.· 1990-05-17 ·cited 18×
  Bernard Bolender, a death row inmate with a second execution warrant signed, petitioned for habeas corpus relief and appealed the denial of his Rule 3.850 postconviction motion. The Florida Supreme Court denied relief, finding his claims either procedurally barred as relitigation
• Dumond v. A.L. Lockhart
  885 F.2d 419· 8th Cir.· 1989-09-01 ·cited 18×·via Petition For Habeas Corpus Relief
  The court held that a remand is necessary for a hearing on newly discovered genetic evidence, as it may bear on the constitutionality of the detention and potentially lead to acquittal.
• Duncan v. State OF Ala.
  881 F.2d 1013· 11th Cir.· 1989-08-24 ·cited 18×
  The court held that the petitioner knowingly and intelligently waived his right to conflict-free counsel, affirming the denial of his habeas corpus petition.
• Martinez v. Sullivan
  881 F.2d 921· 10th Cir.· 1989-08-04 ·cited 18×·via Writ Of Habeas Corpus
  The prosecution's failure to utilize the Uniform Act to secure an out-of-state witness, coupled with the witness's history of unreliability, meant the witness was not legally "unavailable" and their prior testimony should not have been admitted, and this error was not harmless.
• Pelmer v. J.D. White
  877 F.2d 1518· 11th Cir.· 1989-07-24 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner's claims were procedurally barred due to failure to raise them in state court, and his trial counsel's actions did not constitute ineffective assistance excusing the default.
• Kazimierz S. BAL v. A.D. Moyer
  883 F.2d 45· 7th Cir.· 1989-07-19 ·cited 18×
  The court held that the district court did not err in applying the Achacoso-Sanchez standard of review to the denial of a stay of deportation, and that summary judgment was appropriate despite disputed medical evidence.
• Nieto v. Sullivan
  879 F.2d 743· 10th Cir.· 1989-06-26 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner was not denied a fair trial or a public trial, and affirmed the district court's denial of the writ of habeas corpus.
• Oxborrow v. Eikenberry
  877 F.2d 1395· 9th Cir.· 1989-06-12 ·cited 18×·via Habeas Corpus Petition
  The court held that Washington's Sentencing Reform Act allowed for consecutive sentences for economic crimes and that the sentencing court did not rely on untrustworthy information, thus reversing the grant of habeas corpus relief.
• Tafero v. Dugger
  873 F.2d 249· 11th Cir.· 1989-05-01 ·cited 18×·via Habeas Corpus Petition
  The court held that the petitioner's Caldwell claim and ineffective assistance of counsel claim are procedurally barred, and any Hitchcock error was harmless.
• Elisha Thomas, Jr. v. Moore
  866 F.2d 803· 5th Cir.· 1989-03-02 ·cited 18×
  The court held that the Batson rule, which addresses racially discriminatory use of peremptory challenges, is not applicable when no timely objection to jury selection was made.
• Weidner v. Thieret
  866 F.2d 958· 7th Cir.· 1989-01-31 ·cited 18×·via Habeas Corpus Proceedings
• Glock v. Dugger
  537 So. 2d 99· Fla.· 1989-01-12 ·cited 18×·via Writ Of Habeas Corpus
  Robert Glock challenges his death sentence imposed for the August 1983 murder of a woman during a kidnapping and robbery committed with codefendant Puiatti. The Florida Supreme Court affirmed the trial court's summary denial of postconviction relief and rejected Glock's claims th
• Kelly v. Lynaugh
  862 F.2d 1126· 5th Cir.· 1988-12-22 ·cited 18×
  The court held that the appellant's Fifth Amendment rights were not violated by the interrogations, his confession was voluntary, his counsel was not ineffective, and the Texas capital punishment scheme is constitutional as applied.
• Turner v. State OF Tenn.
  858 F.2d 1201· 6th Cir.· 1988-10-07 ·cited 18×·via Habeas Corpus Petition
  The court held that a presumption of vindictiveness should not attach to the state's twenty-year plea bargain offer, as there was no realistic likelihood of vindictiveness.
• Preston v. State
  531 So. 2d 154· Fla.· 1988-09-22 ·cited 18×
  Robert Preston was convicted of first-degree murder and sentenced to death in 1981. On appeal, he sought a writ of error coram nobis based on newly discovered evidence that his brother Scott had allegedly confessed to the murder, and filed a habeas corpus petition raising seven c
• Bridge v. Lynaugh
  856 F.2d 712· 5th Cir.· 1988-09-14 ·cited 18×·via Habeas Corpus Petition
  The court held that the defendant's mitigating circumstances were adequately addressed under Texas law, and thus denied the motion for a certificate of probable cause to appeal and the stay of execution.
• Keller v. Petsock
  853 F.2d 1122· 3d Cir.· 1988-08-11 ·cited 18×
  The court held that two claims regarding tipstaff communication with the jury were sufficiently meritorious to require further fact-finding in federal district court, and that the district court erred in dismissing the habeas petition without prejudice.
• Edwards v. Scroggy
  849 F.2d 204· 5th Cir.· 1988-07-15 ·cited 18×·via Habeas Corpus Petition
  The court held that the erroneous admission of a misdemeanor conviction was not prejudicial and did not require vacating the sentence, distinguishing the case from Johnson v. Mississippi.
• Lightsey v. D.C. Kastner
  846 F.2d 329· 5th Cir.· 1988-06-08 ·cited 18×
  The court held that the Sentencing Reform Act and subsequent amendments do not entitle the prisoner to immediate parole consideration, and his sentence remains subject to its original parole ineligibility terms.
• Buelow v. Dickey
  847 F.2d 420· 7th Cir.· 1988-05-31 ·cited 18×·via Habeas Corpus Petition