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
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The court held that a petition for writ of habeas corpus could be granted to provide relief for fundamentally erroneous jury instructions, even after the term of court expired, to maintain uniformity of decisions.
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775 So. 2d 288·
Fla.·
2000-11-16
·cited 17×
Fundamental error cannot be used to relitigate claims already decided on the merits and barred by res judicata.
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770 So. 2d 1158·
Fla.·
2000-09-28
·cited 17×
Larry Eugene Mann, a death row inmate, appealed the denial of his postconviction relief motion challenging his 1982 capital murder conviction and death sentence. The Florida Supreme Court affirmed the circuit court's denial, finding Mann's ineffective assistance of counsel claims
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766 So. 2d 1173·
Fla. 5th DCA·
2000-09-08
·cited 17×
The appellate court reversed the trial court's denial of a habeas corpus petition, agreeing with the State that administrative remedies were not applicable to challenging a detainer.
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The Florida Supreme Court imposed sanctions on Anthony R. Martin, a notoriously abusive pro se litigant, by denying him indigency status and requiring filing fees for future civil petitions. The Court found Martin's decades-long pattern of filing frivolous, malicious, and persona
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734 So. 2d 1151·
Fla. 1st DCA·
1999-06-02
·cited 17×
The court quashed a summary denial of habeas corpus relief and remanded for further proceedings, holding that a prisoner's allegations were sufficient to make a prima facie showing of exhaustion of administrative remedies required for judicial review of prison disciplinary procee
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Two inmates challenged the retrospective application of amendments to Florida's Control Release prison overcrowding program, which ultimately voided their established control release dates. The Florida Supreme Court held that the amendments did not violate ex post facto principle
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659 So. 2d 435·
Fla. 4th DCA·
1995-08-11
·cited 17×
Thompson sought habeas corpus relief claiming ineffective assistance of appellate counsel because his trial counsel was forced to use a peremptory challenge on a juror who should have been excused for cause, exhausting his challenges. The Fourth District initially granted relief
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Paul Scott, convicted and sentenced to death for a 1978 murder, appeals the denial of his third Rule 3.850 motion, claiming Brady violations based on newly discovered evidence suggesting his co-defendant Kondian, not Scott, committed the murder. The Florida Supreme Court reverses
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637 So. 2d 7·
Fla. 4th DCA·
1994-05-04
·cited 17×
In this case, the Fourth District Court of Appeal addressed a situation where two co-defendants tried together received disparate treatment on appeal—Romero's conviction was affirmed while his co-defendant Gonzalez's conviction was later reversed for the same error. The court gra
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638 So. 2d 20·
Fla.·
1994-03-31
·cited 17×
The court held that the prisoner's claims were procedurally barred as they could have been raised on direct appeal or were not preserved, and affirmed the denial of postconviction relief and denied the habeas petition.
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634 So. 2d 1062·
Fla.·
1993-11-04
·cited 17×
Paul William Scott, sentenced to death for the brutal murder of James Alessi, appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the denial, finding that Scott's claimed
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968 F.2d 655·
8th Cir.·
1992-06-30
·cited 17×
The court held that the term 'official detention' in 18 U.S.C. § 3585(b) incorporates the definition of 'detention' found in 18 U.S.C. § 3142.
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Billy Joseph Wells challenged the summary denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel. The court affirmed the denial of other grounds but reversed the summary denial of the ineffective assistance of trial counsel claim, finding the trial
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The court held that the district court correctly denied Bae's habeas corpus petition, affirming the state court's admission of his confession and rejection of his ineffective assistance of counsel claims.
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921 F.2d 1125·
11th Cir.·
1991-01-02
·cited 17×
Gerald Eugene Stano appealed the denial of his federal habeas corpus petition challenging his death sentences for two murders, raising claims of self-representation and ineffective assistance of counsel under the Sixth Amendment. The Eleventh Circuit en banc held that Stano's gui
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The presence of spectators wearing buttons that conveyed an implied message of guilt, without being subject to confrontation or cross-examination, created an unacceptable risk of prejudice, thus denying the defendant a fair trial.
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The court held that most of the petitioner's claims were procedurally barred under Teague v. Lane and state law, and the remaining claims lacked merit.
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910 F.2d 770·
11th Cir.·
1990-09-06
·cited 17×
The court held that the petitioner's claims of perjury and racial discrimination in jury selection were procedurally defaulted, and his ineffective assistance of counsel claim was without merit.
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The court held that the jury instructions given at trial were constitutionally inadequate under the Fourteenth Amendment's Due Process Clause because they allowed the jury to return a murder verdict even if findings supported voluntary manslaughter.
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The court held that the petitioner received constitutionally ineffective assistance of counsel because his trial attorney failed to impeach the key eyewitness with her prior inconsistent testimony, and this failure likely affected the outcome of the trial.
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The court held that the district court erred in dismissing the habeas corpus petition and that the petitioner was deprived of effective assistance of counsel due to counsel's failure to investigate and present mitigating evidence at the penalty phase.
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861 F.2d 1242·
11th Cir.·
1988-12-19
·cited 17×
The court held that the petitioner's late receipt of a parole revocation notice provided sufficient cause and prejudice to overcome procedural default in his federal habeas corpus petition.
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537 So. 2d 125·
Fla. 1st DCA·
1988-12-16
·cited 17×
Mary K. Henderson appeals an order modifying her divorce decree that transferred physical custody of her twin daughters (age 5) to their father, Hal Henderson. The court reverses, holding that the evidence is legally insufficient to support a change of circumstances warranting mo
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858 F.2d 1462·
10th Cir.·
1988-10-06
·cited 17×
The court held that the trial court's inquiry into the defendant's decision to waive counsel and proceed pro se was inadequate, violating his Sixth Amendment right to counsel.
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The court held that the district court erred in applying a procedural bar to seventeen claims, which must be reconsidered on the merits, and affirmed the denial of other claims.
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The court held that a criminal defendant's right to testify does not require the trial judge to explicitly address the defendant and secure a waiver, nor does an attorney's alleged prevention of testimony warrant a hearing without specific factual allegations.
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The court held that the petitioner was not guilty of deliberate delay that would support dismissal under Rule 9(a), and exhaustion of state remedies was achieved before final action by the district court.
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816 F.2d 220·
5th Cir.·
1987-05-13
·cited 17×
Pre-trial federal habeas corpus relief is not available to adjudicate a state prisoner's speedy trial or due process claims when those issues can be resolved through pending state court proceedings.
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816 F.2d 1313·
9th Cir.·
1987-05-05
·cited 17×
The court held that the Parole Commission's decision to set a presumptive parole date above the guidelines was not arbitrary or irrational, and that the Commission did not impermissibly 'double-count' information.
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The court held that none of the appellant's claims, individually or collectively, presented a constitutional violation warranting habeas relief.
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804 F.2d 893·
6th Cir.·
1986-10-27
·cited 17×
The court held that the state's identification procedures did not violate due process, as the trial court's factual determination of reliability was entitled to a presumption of correctness under 28 U.S.C. § 2254(d).
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788 F.2d 85·
2d Cir.·
1986-04-15
·cited 17×
The court held that the Parole Commission's procedures were not untimely and that any potential delay did not warrant habeas relief absent prejudice or bad faith. The court also denied the request for assigned counsel.
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784 F.2d 1114·
D.C. Cir.·
1986-02-27
·cited 17×
The court held that the petitioner was not entitled to a writ of habeas corpus, a hearing, or a stay of extradition because the Genocide Convention had not yet taken effect and was irrelevant to the extradition charges, which were for murder, not genocide.
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The court held that a district court's failure to conduct a colloquy with a defendant before accepting a written jury trial waiver does not automatically constitute reversible error.
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The court held that the defendant failed to demonstrate prejudice from his counsel's alleged deficient performance and that the exclusion of jurors opposed to the death penalty from the guilt phase of a capital trial does not violate the Sixth Amendment, affirming the denial of h
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754 F.2d 887·
10th Cir.·
1985-02-11
·cited 17×
The court held that a constitutionally invalid uncounseled conviction cannot be used to forfeit street time, and the district court erred in dismissing the habeas corpus petition without an evidentiary hearing.
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The court held that the defendant's counsel's "silent strategy" at trial, while unusual, was a reasonable trial tactic given the overwhelming evidence and codefendants' defenses, and thus did not constitute ineffective assistance of counsel without a showing of prejudice.
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Failure to disclose information already known to the defense at trial does not constitute reversible error, and a remand for further discovery is unnecessary.
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715 F.2d 1304·
8th Cir.·
1983-08-31
·cited 17×
The court held that the sheriff's involvement in selecting bystander jurors, even through subordinates, violated due process because it created an unacceptable risk of bias due to the sheriff's institutional interest in law enforcement.
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The court held that while the state violated an agreement with counsel by seeking consent to search, this did not violate the Sixth Amendment because the evidence would have been obtained lawfully through other means or the error was harmless.
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The court held that a parole violator is not entitled to credit for pretrial custody on a consecutive violator term if that credit has already been applied to the sentence for the offense that led to the parole violation. The court also held that the Parole Commission did not vio
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650 F.2d 606·
5th Cir.·
1981-07-13
·cited 17×
The court held that restrictive conditions of appellate bail do not constitute 'custody' for the purpose of sentence credit, and a sentence less than the statutory maximum does not constitute cruel and unusual punishment.
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The court affirmed the denial of habeas corpus, holding that the appellants' claims regarding jury instructions were procedurally defaulted or did not rise to the level of constitutional error.
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The court held that the district court correctly granted the writ of habeas corpus, finding that the defendant's procedural defaults were excused by cause and prejudice, and not a deliberate bypass of state procedures.
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The court held that the common benefit exception does not apply to award counsel fees when the beneficiaries are not easily identifiable and costs cannot be shifted with exactitude.
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368 So. 2d 674·
Fla. 1st DCA·
1979-03-22
·cited 17×
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The court held that the parole revocation procedures violated the parolee's due process rights by denying him the assistance of retained counsel and the opportunity to cross-examine a key witness.
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491 F.2d 573·
5th Cir.·
1974-03-21
·cited 17×
Detention of an alien without bail pending deportation proceedings is lawful if based on a determination that the alien poses a threat to national security, even if that determination relies on confidential information presented ex parte.
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