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

• Gamez v. Beto
  406 F.2d 1000· 5th Cir.· 1969-01-30 ·cited 17×·via Writ Of Habeas Corpus
  The court held that the district court's denial of the writ of habeas corpus was correct, as the appellant's claims did not rise to the level of constitutional violations.
• Zuniga v. State
  184 So. 2d 659· Fla. 1st DCA· 1966-03-31 ·cited 17×
  The appellate court affirmed the denial of the petition for a writ of habeas corpus, finding that the grounds for relief were not properly raised through habeas corpus.
• Jackson v. The People of the State OF Cal.
  336 F.2d 521· 9th Cir.· 1964-08-14 ·cited 17×
  The court held that while some remarks by the trial judge and prosecutor were improper, they did not rise to the level of a constitutional violation denying a fair trial.
• Whitney v. Cochran
  152 So. 2d 727· Fla.· 1963-04-19 ·cited 17×·via Writ Of Habeas Corpus
  Dennis Whitney, a 17-year-old sentenced to death for first-degree murder, petitioned for habeas corpus claiming his conviction was tainted by denial of due process. The Florida Supreme Court upheld his conviction, rejecting arguments that his stipulation to facts was coercive, th
• Child v. Louie L. Wainwright
  148 So. 2d 526· Fla.· 1963-01-07 ·cited 17×·via Writ Of Habeas Corpus
  The court held that factual disputes regarding the petitioner's sanity and the effectiveness of his counsel could not be resolved on the current record and required further evidentiary proceedings.
• Massey v. Moore
  205 F.2d 665· 5th Cir.· 1953-06-26 ·cited 17×
  A state prisoner's claim of mental incompetence at the time of trial, raised for the first time via habeas corpus, is an impermissible collateral attack on a final judgment. The Sixth Amendment right to counsel does not apply to state court proceedings, and a state's failure to a
• Keila Rosa Camarena v. Director, Immigration and Customs Enforcement
  988 F.3d 1268· 11th Cir.· 2021-02-18 ·cited 16×
  Federal courts lack jurisdiction under 8 U.S.C. § 1252(g) to hear claims by aliens challenging the execution of their removal orders, even if framed as challenges to the government's authority.
• Smith v. Comm'r, Ala. Dep't OF Corr.
  924 F.3d 1330· 11th Cir.· 2019-05-22 ·cited 16×·via Habeas Corpus Petition
  The Eleventh Circuit affirmed the district court's denial of habeas relief, holding that the Supreme Court's decision in Moore v. Texas is not retroactive and that the Alabama state courts reasonably applied Atkins v. Virginia in evaluating the petitioner's intellectual disabilit
• Viron Paul v. State
  183 So. 3d 1154· Fla. 5th DCA· 2015-12-31 ·cited 16×·via Writ Of Habeas Corpus
  Virón Paul appeals the summary denial of his Rule 3.850 postconviction motion, arguing ineffective assistance of trial counsel for failing to object to a fundamentally erroneous jury instruction on manslaughter by intentional act. The court reverses and remands for a new trial, f
• Ponton v. Warden John Willis
  172 So. 3d 574· Fla. 1st DCA· 2015-08-27 ·cited 16×·via Habeas Corpus Petition
  The court affirmed the summary denial of the habeas petition, finding the claim frivolous and the appeal equally so.
• Morel v. Wilkins
  84 So. 3d 226· Fla.· 2012-03-08 ·cited 16×·via Writ Of Habeas Corpus
  Ronald Morel, detained for nearly a decade pending a civil commitment trial under Florida's Jimmy Ryce Act for sexually violent predators, sought habeas relief claiming unconstitutional denial of treatment and indefinite pretrial detention. The Florida Supreme Court affirmed the
• Curry v. State
  64 So. 3d 152· Fla. 2d DCA· 2011-06-15 ·cited 16×
  Bryan Curry petitioned for post-conviction relief claiming his appellate counsel was ineffective for failing to argue that the jury instruction on manslaughter by act constituted fundamental error. The court agreed and reversed his second-degree murder conviction, holding that ap
• Jones v. State
  35 So. 3d 146· Fla. 3d DCA· 2010-05-26 ·cited 16×·via Habeas Corpus Petition
• Pressly v. Tadlock
  968 So. 2d 1057· Fla. 2d DCA· 2007-12-05 ·cited 16×
  The circuit court properly denied the petition for writ of habeas corpus because the Department of Corrections' calculation of the release date was not illegal, and any sentencing error must be addressed in the sentencing court.
• Harvey v. State
  946 So. 2d 937· Fla.· 2006-06-15 ·cited 16×
  Harold Lee Harvey, a death row inmate, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, raising multiple claims of ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's denial, holding th
• Lenard James Philmore v. State
  937 So. 2d 578· Fla.· 2006-06-15 ·cited 16×·via Writ Of Habeas Corpus
  Lenard James Philmore, convicted of murdering Kazue Perron during a bank robbery, appeals a circuit court order denying post-conviction relief under Rule 3.851 and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's rejection of Philmore's i
• Lloyd v. Crosby
  917 So. 2d 988· Fla. 3d DCA· 2005-12-28 ·cited 16×·via Writ Of Habeas Corpus
  Douglas Lloyd, a co-defendant with Gregory Dorsett, sought habeas corpus relief based on a jury instruction error involving an ambiguous 'and/or' conjunction in robbery and false imprisonment charges. Although the court had found fundamental error in Dorsett's case, it denied Llo
• Cook v. Crosby
  914 So. 2d 490· Fla. 1st DCA· 2005-11-07 ·cited 16×·via Writ Of Habeas Corpus
• State v. Davis
  872 So. 2d 250· Fla.· 2004-02-19 ·cited 16×·via Writ Of Habeas Corpus
  Florida's Supreme Court reversed a capital murder conviction and death sentence, holding that trial counsel's blatant expressions of racial prejudice during jury selection—admitting he sometimes hated black people "just because they're black"—constituted ineffective assistance of
• Greenberg v. Miami Child's. Hosp. Res. Inst., Inc.
  264 F. Supp. 2d 1064· S.D. Fla.· 2003-05-29 ·cited 16×
  The court held that while unjust enrichment claims may proceed, claims for lack of informed consent, breach of fiduciary duty, fraudulent concealment, and conversion fail for insufficient pleading.
• Comer v. Moore
  817 So. 2d 784· Fla.· 2002-03-14 ·cited 16×
  The court held that the 85% minimum sentence service provision enacted by Chapter 95-294 is valid and not invalidated by prior court decisions finding other legislative acts unconstitutional under the single subject rule.
• Krasnick v. State
  780 So. 2d 1045· Fla. 4th DCA· 2001-04-04 ·cited 16×
  Carmen Krasnick appealed the denial of her habeas corpus petition seeking to file a belated postconviction motion based on her attorney's failure to timely file. The court reversed, holding that absent Supreme Court precedent imposing automatic time limits, and given that laches
• Robinson v. Moore
  773 So. 2d 1· Fla.· 2000-08-31 ·cited 16×
  Johnny L. Robinson, a death row inmate, petitioned for habeas corpus relief challenging the legality of his conviction and death sentence for the 1985 murder of Beverly St. George. The Florida Supreme Court denied his petition, rejecting claims of ineffective assistance of appell
• Cabberiza v. Moore
  217 F.3d 1329· 11th Cir.· 2000-07-11 ·cited 16×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  David Cabberiza was indicted for first-degree murder and entitled to a twelve-person jury under Florida law, but his attorney agreed to a six-person jury without an on-the-record waiver. The Eleventh Circuit affirmed the district court's denial of habeas corpus relief, holding th
• Patton v. State
  712 So. 2d 1206· Fla. 1st DCA· 1998-06-22 ·cited 16×
  John Patton, a 99-year-old man charged with murdering his wife, challenged his commitment to the custody of the Department of Health and Rehabilitative Services (HRS) after being found incompetent to stand trial. The court exercised original jurisdiction via common law certiorari
• Frederick v. State
  714 So. 2d 1043· Fla. 4th DCA· 1998-06-03 ·cited 16×
• Williams v. James
  684 So. 2d 868· Fla. 2d DCA· 1996-12-13 ·cited 16×
  David Williams appeals the denial of habeas corpus challenging loss of gain time due to a disciplinary report. The court agrees that Williams was denied due process because the Department of Corrections failed to produce a requested witness or explain on the record why the witnes
• Scott v. Singletary
  38 F.3d 1547· 11th Cir.· 1994-11-14 ·cited 16×
  Paul William Scott, sentenced to death for a 1978 murder, sought recall of a prior appellate mandate and habeas relief based on the intervening decision in Glock v. Singletary, arguing that his sentencing jury received an inadequate narrowing instruction on Florida's "heinous, at
• Meyer v. Singletary
  610 So. 2d 1329· Fla. 4th DCA· 1992-12-23 ·cited 16×
  Meyer, convicted of kidnapping, robbery, and attempted robbery, challenged his conviction via habeas corpus petition alleging ineffective assistance of appellate counsel. The court found that appellate counsel failed to raise meritorious claims regarding trial court violations of
• Pilchak v. Camper
  935 F.2d 145· 8th Cir.· 1991-06-04 ·cited 16×
  The court affirmed the district court's grant of habeas corpus, finding that the defendant's life sentence was a fundamentally unjust incarceration due to constitutional violations, allowing an exception to the cause-prejudice rule.
• Sammie Lee Harris v. State
  580 So. 2d 243· Fla. 1st DCA· 1991-05-09 ·cited 16×
  Harris petitions for habeas corpus claiming his appellate counsel was ineffective for failing to raise on appeal that the trial court committed fundamental error by omitting jury instructions on justifiable and excusable homicide in connection with the manslaughter instruction. T
• WAY v. Dugger
  568 So. 2d 1263· Fla.· 1990-09-06 ·cited 16×·via Writ Of Habeas Corpus
  Fred Lewis Way was convicted of murder for killing his wife and daughter and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated his death sentence due to improper jury instructions in the penalty phase that failed to inform the jury it could conside
• Abels v. Kaiser
  913 F.2d 821· 10th Cir.· 1990-09-04 ·cited 16×
  The court held that retained counsel's failure to perfect an appeal, without court permission to withdraw, violates the defendant's constitutional right to effective assistance of counsel on appeal.
• Savage v. Estelle
  908 F.2d 508· 9th Cir.· 1990-07-16 ·cited 16×
  A trial court may permissibly deny a criminal defendant the right to represent himself if a severe speech impediment renders him unable to abide by the rules of courtroom procedure and communicate effectively with the jury.
• Rogers-Bey v. Lane
  896 F.2d 279· 7th Cir.· 1990-02-22 ·cited 16×·via Habeas Corpus Petition
  The court held that the Illinois appellate court's finding of waiver was an independent and adequate basis for decision, even though it also analyzed the issue for plain error.
• Smith v. Dugger
  565 So. 2d 1293· Fla.· 1990-02-15 ·cited 16×·via Writ Of Habeas Corpus
  Frank Lee Smith, convicted of the 1985 sexual battery and first-degree murder of an eight-year-old girl, petitioned for habeas corpus and appealed the denial of his rule 3.850 postconviction relief motion. The Florida Supreme Court reversed in part, granting a stay of execution a
• Hill v. A.L. Lockhart
  894 F.2d 1009· 8th Cir.· 1990-01-31 ·cited 16×·via Habeas Corpus Petition
  The court held that erroneous parole eligibility advice given to a defendant constituted ineffective assistance of counsel, rendering the guilty plea invalid and entitling the defendant to a trial.
• McCLESKEY v. Zant
  890 F.2d 342· 11th Cir.· 1989-11-22 ·cited 16×
  The court held that the district court abused its discretion in failing to dismiss McCleskey's Massiah claim as an abuse of the writ because he deliberately abandoned the claim in prior federal proceedings.
• Bocharski v. The Cir. Court OF the Second Jud. Cir.
  552 So. 2d 946· Fla. 1st DCA· 1989-11-08 ·cited 16×
  A writ of mandamus is granted to compel the circuit court to process a habeas corpus petition without requiring a filing fee or affidavit of insolvency.
• Bliss v. A.L. Lockhart
  891 F.2d 1335· 8th Cir.· 1989-10-25 ·cited 16×·via Habeas Corpus Petition
  The court held that the district court did not err in granting habeas corpus relief without an evidentiary hearing and that the petitioner's claims were not procedurally barred due to ineffective assistance of counsel and prosecutorial misconduct.
• P.R. v. Johnson
  541 So. 2d 791· Fla. 4th DCA· 1989-04-19 ·cited 16×
  Four consolidated habeas corpus petitions from juvenile detainees challenging their continued detention beyond the 21-day statutory limit. The court held that Florida law prohibits detention beyond 21 days without commencement of an adjudicatory hearing, and that a trial court's
• United States v. Woods
  870 F.2d 285· 5th Cir.· 1989-04-17 ·cited 16×·via Habeas Corpus Petition
  A federal prisoner's failure to demonstrate prima facie constitutional error in his guilty plea proceedings, even with a lost transcript, warrants denial of habeas corpus relief.
• Alton Waye v. Townley
  871 F.2d 18· 4th Cir.· 1989-03-28 ·cited 16×
  The court held that the appellant failed to demonstrate prejudice from his counsel's failure to object to a jury instruction, thus the procedural bar foreclosed review of the Sandstrom violation.
• King v. Lynaugh
  868 F.2d 1400· 5th Cir.· 1989-03-21 ·cited 16×·via Writ Of Habeas Corpus
  The court, in a concurring opinion, expresses reservations about applying the contemporaneous objection rule to claims that have been revived by Supreme Court certiorari, suggesting that such claims should be reviewed on their merits.
• Harper v. Crispus NIX
  867 F.2d 455· 8th Cir.· 1989-02-03 ·cited 16×·via Writ Of Habeas Corpus
  The court held that the petitioner failed to demonstrate sufficient cause to overcome the procedural default of his claims and that the admission of identification evidence did not result in the conviction of an actually innocent person.
• Quadrini v. Clusen
  864 F.2d 577· 7th Cir.· 1989-01-11 ·cited 16×
  The court held that the petitioner's confession was voluntary and that his Sixth Amendment right to counsel had attached but was validly waived. The court affirmed the denial of the habeas corpus petition.
• Smith v. Endell
  860 F.2d 1528· 9th Cir.· 1988-11-14 ·cited 16×·via Habeas Corpus Petition
  The dissenting judge would hold that the defendant's statements did not unambiguously invoke his right to counsel, and therefore the confession should not be suppressed.
• Vasquez v. A.L. Lockhart
  867 F.2d 1056· 8th Cir.· 1988-10-31 ·cited 16×
  The court held that the district court properly applied the Wainwright cause and prejudice test to procedurally bar the ineffective assistance of counsel claim, and that the claims of insufficient evidence and denial of effective cross-examination were without merit.
• Lanigan v. Maloney
  853 F.2d 40· 1st Cir.· 1988-08-09 ·cited 16×·via Habeas Corpus Petition
  The court held that the district court properly found a constitutional violation in the jury's reasonable doubt instructions and that the claim was not procedurally barred.
• Shaheed Madyun v. Young
  852 F.2d 1029· 7th Cir.· 1988-07-26 ·cited 16×