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

• Osbourne v. Sec'y, Fla. Dep't of Corr.
  968 F.3d 1261· 11th Cir.· 2020-08-07 ·cited 87×
  The Eleventh Circuit held that an amended sentence entered nunc pro tunc under Florida law relates back to the original judgment date and does not constitute a new judgment for purposes of determining if a habeas petition is second or successive.
• Fitzpatrick v. Louie L. Wainwright
  800 F.2d 1057· 11th Cir.· 1986-09-30 ·cited 87×
  The trial court erred by failing to conduct an indigency inquiry and a Faretta waiver hearing before allowing the defendant to proceed pro se.
• Boykins v. Louie L. Wainwright
  737 F.2d 1539· 11th Cir.· 1984-08-03 ·cited 87×·via Habeas Corpus Petition
  The court held that while the state trial court erred in excluding Dr. Rodriguez's testimony regarding the defendant's prior mental health issues, this error was not of constitutional magnitude and did not violate fundamental fairness.
• Moore v. State
  820 So. 2d 199· Fla.· 2002-03-07 ·cited 86×
  Thomas James Moore, a death-sentenced inmate, appealed the denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied the hab
• Murrell Toby Hockenbury, III v. Sowders
  620 F.2d 111· 6th Cir.· 1980-04-17 ·cited 86×·via Writ Of Habeas Corpus
  The Sixth Circuit held that the District Court erred in granting habeas corpus relief by independently assessing 'plain error' instead of deferring to the state court's application of its contemporaneous objection rule, absent a showing of cause and prejudice.
• United States ex rel. George Hetenyi v. Wilkins
  348 F.2d 844· 2d Cir.· 1965-07-13 ·cited 86×·via Habeas Corpus Petition
  The Fifth Amendment's double jeopardy clause should not be absorbed by the Fourteenth Amendment to apply to state prosecutions.
• United States ex rel. Robert Lee Goldsby v. Harpole
  263 F.2d 71· 5th Cir.· 1959-01-16 ·cited 86×·via Writ Of Habeas Corpus
  The court held that the appellant proved a strong prima facie case of systematic exclusion of Negroes from the grand and petit juries, and this case was not refuted by the state. Furthermore, the court found that any waiver of this objection by counsel was ineffective due to the
• Coffin v. Reichard
  143 F.2d 443· 6th Cir.· 1944-07-03 ·cited 86×
  The court held that allegations of physical and mental incapacity at the time of pleading guilty, and subsequent mistreatment in custody, are sufficient to require a show cause order and further proceedings.
• Marek v. State
  14 So. 3d 985· Fla.· 2009-07-16 ·cited 85×·via Writ Of Habeas Corpus
  John Richard Marek, a death row inmate, appealed the denial of his third and fourth successive motions for postconviction relief under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Court affirmed the trial court's denials, rejecting Marek's claims based on newly d
• Diaz v. State
  945 So. 2d 1136· Fla.· 2006-12-08 ·cited 85×
  Angel Diaz, a death row inmate with an active execution warrant set for December 13, 2006, appealed the trial court's denial of successive postconviction motions challenging Florida's lethal injection statute and procedure, claiming newly discovered evidence, mental illness as a
• Mitchell v. Moore
  786 So. 2d 521· Fla.· 2001-04-12 ·cited 85×
  The Florida Supreme Court held that the copy requirement provision of the Prisoner Indigency Statute violates the constitutional right of access to courts under both the Florida and U.S. Constitutions. The statute's requirement that prisoners provide copies of prior pleadings to
• Johnson v. State
  769 So. 2d 990· Fla.· 2000-07-13 ·cited 85×·via Writ Of Habeas Corpus
  Paul Beasley Johnson, a death row inmate, appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, raising eight claims including Brady/Giglio violations, ineffective assistance of counsel, and public records access issues. The Flori
• Turner v. Dugger
  614 So. 2d 1075· Fla.· 1992-12-24 ·cited 84×
  William Thaddeus Turner was convicted of two first-degree murders and sentenced to death for one. On collateral review, Turner raised sixteen claims in a Rule 3.850 motion and three issues in a habeas corpus petition, all seeking to vacate his conviction and death sentence. The F
• Stevens v. State
  552 So. 2d 1082· Fla.· 1989-10-05 ·cited 84×
  Rufus Stevens appeals the denial of his Rule 3.850 motion for postconviction relief and motion for cost reimbursement in his capital case, and petitions for a writ of habeas corpus challenging appellate counsel's effectiveness. The Florida Supreme Court affirmed the conviction bu
• Franklin v. Ms. Murphy and Hoyt Cupp
  745 F.2d 1221· 9th Cir.· 1984-10-23 ·cited 84×·via Habeas Corpus Petition
  A court may dismiss a frivolous in forma pauperis action before service of process, and such an action is frivolous if it lacks an arguable basis in law or fact.
• Mayola v. State OF Ala.
  623 F.2d 992· 5th Cir.· 1980-08-11 ·cited 84×·via Habeas Corpus Petition
  The court held that the petitioner failed to demonstrate pervasive community prejudice required to invoke the Rideau presumption of jury bias due to pretrial publicity, and that his unreasonable delay in filing the habeas petition prejudiced the state's ability to respond.
• Armstrong v. Collier
  536 F.2d 72· 5th Cir.· 1976-07-29 ·cited 84×·via Habeas Corpus Petition
  The court held that the district court did not err in denying habeas corpus relief, as the undisclosed evidence was not material and the loss of the county attorney's file did not violate due process.
• State v. Gleason
  12 Fla. 190· Fla.· 1868-01-01 ·cited 84×·via Writ Of Habeas Corpus
  The Florida Supreme Court holds that it possesses original jurisdiction to issue a writ of quo warranto and that an information in the nature of a quo warranto constitutes an appropriate proceeding under that grant of power, without requiring prior legislative prescription of the
• Suggs v. State
  923 So. 2d 419· Fla.· 2005-11-17 ·cited 83×
  Ernest D. Suggs, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief in his 1992 first-degree murder conviction. The Florida Supreme Court affirmed the circuit court's comprehensive denial of all post-conviction
• Gore v. State
  846 So. 2d 461· Fla.· 2003-04-17 ·cited 83×
  Marshall Lee Gore, a death row inmate, appeals the denial of his motion for postconviction relief and petitions for habeas corpus relief. The Florida Supreme Court affirmed the lower court's denial, finding that Gore failed to establish ineffective assistance of counsel and that
• Ventura v. State
  794 So. 2d 553· Fla.· 2001-05-24 ·cited 83×·via Writ Of Habeas Corpus
  Peter Ventura, a death-row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition challenging his 1988 conviction for first-degree murder. The Florida Supreme Court affirmed the denial, finding that although a Brady/Giglio violation
• Jackson v. Fla. Dep't OF Corr.
  790 So. 2d 398· Fla.· 2001-03-15 ·cited 83×·via Writ Of Habeas Corpus
  The Florida Supreme Court imposed sanctions on Douglas Jackson, an inmate serving a life sentence, for abuse of the judicial system through excessive frivolous filings. The Court ordered that Jackson may no longer file pro se petitions in the Supreme Court without representation
• Duncan v. Moore
  754 So. 2d 708· Fla.· 2000-03-23 ·cited 83×
  Joshua Duncan challenged the constitutionality of Florida's Conditional Release supervision program, which imposes post-prison supervision equal to earned gain time and allows forfeiture of gain time upon violation. The Florida Supreme Court upheld the program, rejecting claims o
• Thompson v. Dugger
  515 So. 2d 173· Fla.· 1987-09-09 ·cited 83×
  The court held that the recent United States Supreme Court decision in Hitchcock v. Dugger requires a new sentencing proceeding because the sentencing judge failed to allow consideration of nonstatutory mitigating circumstances.
• Ferrell v. State
  29 So. 3d 959· Fla.· 2010-01-14 ·cited 82×·via Writ Of Habeas Corpus
  Ronnie Ferrell appealed the trial court's denial of his Rule 3.850 postconviction motion regarding guilt-phase ineffective assistance of counsel claims while the State cross-appealed the granting of a new penalty phase. The Florida Supreme Court affirmed the denial of guilt-phase
• Hannon v. State
  941 So. 2d 1109· Fla.· 2006-08-31 ·cited 82×
  Patrick Hannon was convicted of two first-degree murders and sentenced to death. He appealed the circuit court's denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief, rejecting inef
• Richardson v. State
  918 So. 2d 999· Fla. 5th DCA· 2006-01-20 ·cited 82×
  Roosevelt Richardson filed a habeas corpus petition challenging his conviction based on alleged mental incompetence to stand trial. The Fifth District Court of Appeal affirmed the trial court's dismissal, holding that habeas corpus petitions raising issues cognizable under Florid
• Leichtman v. Singletary
  674 So. 2d 889· Fla. 4th DCA· 1996-05-29 ·cited 82×
  Richard Leichtman appealed the denial of his habeas corpus petition, which challenged the voluntariness of his guilty plea and the legality of his 1972 sentence for sexual battery. The Fourth District Court of Appeal reversed and dismissed the petition, holding that the county wh
• Card v. State
  497 So. 2d 1169· Fla.· 1986-10-09 ·cited 82×
  James Armando Card, Sr., a death-row inmate, challenged his conviction and sentence on multiple grounds, including a claim that the trial judge lacked authority to preside in a different judicial circuit without proper assignment from the Chief Justice. The Florida Supreme Court
• Spencer v. Zant
  715 F.2d 1562· 11th Cir.· 1983-09-30 ·cited 82×·via Habeas Corpus Petition
• United States ex rel. Peter S. Brooks v. Clark Clifford
  409 F.2d 700· 4th Cir.· 1969-03-20 ·cited 82×·via Writ Of Habeas Corpus
  The court held that the petitioner's beliefs, stemming from religious training and belief, qualified him as a conscientious objector, and the Army's denial of his discharge lacked a basis in fact.
• Gideon v. Louie L. Wainwright
  153 So. 2d 299· Fla.· 1963-05-15 ·cited 82×
  The petitioner is entitled to proceed under Criminal Procedure Rule #1, which provides an effective forum for relief regarding the denial of counsel at trial.
• Robinson v. United States
  144 F.2d 392· 6th Cir.· 1944-07-31 ·cited 82×·via Writ Of Habeas Corpus
  The court held that the trial court did not err in denying the appellant's motion for a directed verdict, and that the conviction and sentence were valid.
• Huggins v. State
  889 So. 2d 743· Fla.· 2004-12-02 ·cited 81×
  John Steven Huggins was convicted of first-degree murder and sentenced to death for the June 10, 1997 murder of Carla Larson in Orange County, Florida. The Florida Supreme Court affirmed both the conviction and death sentence on direct appeal.
• Windom v. State
  886 So. 2d 915· Fla.· 2004-05-06 ·cited 81×
  Curtis Windom challenges his conviction for three counts of first-degree murder and death sentence by appealing the denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and filing a petition for writ of habeas corpus. The Florida Supreme Court affirms t
• Durocher v. Singletary
  623 So. 2d 482· Fla.· 1993-08-12 ·cited 81×
  The Florida Supreme Court held that a competent death row inmate has the constitutional right to waive representation by the Capital Collateral Representative (CCR) and refuse collateral appeals, and that CCR lacks standing to file habeas petitions on behalf of an inmate who expl
• State v. Broom
  523 So. 2d 639· Fla. 2d DCA· 1988-03-04 ·cited 81×
  A circuit court in one county lacks jurisdiction to review a conviction from another county via habeas corpus, and Florida Rule of Criminal Procedure 3.850 has largely superseded habeas corpus for collateral attacks on judgments and sentences.
• Conklin Wallace v. Christensen
  802 F.2d 1539· 9th Cir.· 1986-10-23 ·cited 81×
  The court held that while constitutional and statutory challenges to Parole Commission decisions are reviewable, claims alleging violations of the Guidelines or regulations under the Administrative Procedure Act are not reviewable if Congress has committed such decisions to agenc
• Hill v. State
  473 So. 2d 1253· Fla.· 1985-06-20 ·cited 81×·via Writ Of Habeas Corpus
  James Douglas Hill, sentenced to death for first-degree murder, appeals his conviction after the trial court denied his post-conviction relief motion. The Florida Supreme Court vacates his conviction and sentence, holding that the trial court was constitutionally required to cond
• Pedrero v. Louie L. Wainwright
  590 F.2d 1383· 5th Cir.· 1979-03-12 ·cited 81×·via Habeas Corpus Petition
  The court held that the trial court was not constitutionally required to grant a psychiatric examination or competency hearing based on the facts presented, and that the denial of the examination did not violate due process.
• Granville v. Hunt
  411 F.2d 9· 5th Cir.· 1969-05-19 ·cited 81×
  The court held that the prisoner's complaint failed to state a cause of action under 42 U.S.C. § 1985(3) and that habeas corpus relief was unavailable.
• Jennings v. State
  123 So. 3d 1101· Fla.· 2013-06-27 ·cited 80×·via Writ Of Habeas Corpus
  Brandy Bain Jennings was convicted and sentenced to death for three murders committed during a 1995 robbery of a Cracker Barrel restaurant in Naples, Florida. On postconviction appeal, the Florida Supreme Court affirmed the denial of his Rule 3.850 motion for postconviction relie
• Archer v. State
  934 So. 2d 1187· Fla.· 2006-06-29 ·cited 80×
  Robin Lee Archer, a death row inmate, appealed the denial of post-conviction relief and petitioned for habeas corpus following his 1991 conviction for first-degree murder in a robbery that resulted in the death of a store clerk. The Florida Supreme Court affirmed the lower court'
• Owen v. Crosby
  854 So. 2d 182· Fla.· 2003-07-11 ·cited 80×·via Writ Of Habeas Corpus
  Duane Eugene Owen, a death row inmate, challenged his conviction and sentence for first-degree murder, sexual battery, and burglary through a successive motion for postconviction relief under Florida Rule 3.850 and a habeas corpus petition. The Florida Supreme Court affirmed the
• Brown v. State
  846 So. 2d 1114· Fla.· 2003-04-24 ·cited 80×·via Writ Of Habeas Corpus
  Paul Anthony Brown, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief following his conviction for first-degree murder in the 1992 death of Roger Hensley. The Florida Supreme Court affirmed the trial court's de
• Randolph v. State
  853 So. 2d 1051· Fla.· 2003-04-24 ·cited 80×·via Writ Of Habeas Corpus
  Richard Barry Randolph, a death-sentenced inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief, raising claims of judicial bias from ex parte communications, ineffective assistance of counsel, and other constitutional violati
• Johnson v. Singletary
  695 So. 2d 263· Fla.· 1996-12-19 ·cited 80×·via Writ Of Habeas Corpus
  Terrell Johnson petitioned for habeas corpus relief, raising twenty-three issues challenging his 1980 death sentence conviction for first-degree murder. The Florida Supreme Court denied the petition, finding all claims either procedurally barred or meritless.
• Johnson v. Singletary
  647 So. 2d 106· Fla.· 1994-05-19 ·cited 80×
  Marvin Johnson, a death row inmate with four execution warrants signed, petitions for habeas corpus and appeals denial of his second motion for postconviction relief. The Florida Supreme Court denies his habeas petition and most postconviction claims but remands for an evidentiar
• Gubiensio-Ortiz v. Al Kanahele
  857 F.2d 1245· 9th Cir.· 1988-08-23 ·cited 80×·via Habeas Corpus Petition
  The court held that federal judges cannot constitutionally perform the rulemaking functions assigned to the Sentencing Commission under the Sentencing Reform Act of 1984, as these are substantive regulations, not procedural rules. The court also found that the good time credit pr
• Amos Lee King, Jr. v. Strickland
  748 F.2d 1462· 11th Cir.· 1984-12-03 ·cited 80×
  The court held that the defendant received ineffective assistance of counsel at his capital sentencing hearing, violating his Sixth Amendment rights.