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

• Miller v. State
  161 So. 3d 354· Fla.· 2015-02-26 ·cited 15×
  Lionel Michael Miller, convicted and sentenced to death for the first-degree murder of a 72-year-old woman with Alzheimer's dementia, appeals the denial of his Rule 3.851 motion to vacate his conviction and sentence. The Florida Supreme Court affirmed the postconviction court's d
• Merck v. State
  124 So. 3d 785· Fla.· 2013-01-24 ·cited 15×·via Writ Of Habeas Corpus
  Troy Merck, Jr. appeals the denial of his Rule 3.851 postconviction motion challenging his death sentence for a 1991 murder. The Florida Supreme Court affirmed the denial of Merck's ineffective assistance of counsel claims and habeas petition, finding no deficiency in counsel's p
• Buzia v. State
  82 So. 3d 784· Fla.· 2011-12-08 ·cited 15×·via Writ Of Habeas Corpus
  John M. Buzia, a death-row prisoner, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the postconviction court's denials, finding no in
• Greenwood v. State
  51 So. 3d 1278· Fla. 2d DCA· 2011-02-02 ·cited 15×
  The court held that a trial court errs by refusing to allow defendants a brief opportunity to testify under oath at a first appearance hearing regarding pretrial release factors.
• Jamar Green v. State
  18 So. 3d 656· Fla. 2d DCA· 2009-09-04 ·cited 15×
  Jamar Green petitioned for relief based on ineffective assistance of appellate counsel. The court granted the petition regarding the trial court's improper reclassification of his trafficking offense from a first-degree felony to a life felony based on a jury finding of actual fi
• Dist. Attorney's Off. for the Third Jud. Dist. v. Osborne
  9th Cir.· 2009-06-18 ·cited 15×
  The court held that Alaska failed to provide an effective procedure for vindicating the liberty interest in demonstrating innocence through DNA testing, thus violating the Due Process Clause.
• Hardenbrook v. State
  953 So. 2d 717· Fla. 1st DCA· 2007-04-09 ·cited 15×·via Writ Of Habeas Corpus
  The court held that a defendant is not entitled to jail credit on multiple sentences for the same jail time unless the sentences are concurrent.
• Davis v. State
  928 So. 2d 442· Fla. 5th DCA· 2006-04-28 ·cited 15×·via Writ Of Habeas Corpus
  Alan Wayne Davis petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel following his conviction for illegal dumping of litter and maintenance of public nuisances. The Florida Fifth District Court of Appeal denied the petition, finding that Da
• D.B. v. State
  848 So. 2d 1219· Fla. 3d DCA· 2003-07-07 ·cited 15×
• Linroy Bottoson v. Moore
  824 So. 2d 115· Fla.· 2002-07-08 ·cited 15×
  The Florida Supreme Court granted a temporary stay of execution for Linroy Bottoson to allow for consideration of issues arising from recent U.S. Supreme Court decisions. The court scheduled oral arguments and set deadlines for the filing of briefs.
• Donovan v. State
  773 So. 2d 1264· Fla. 5th DCA· 2000-12-22 ·cited 15×
  Michael Donovan petitioned for a writ of habeas corpus seeking a belated appeal of a trial court's denial of his Rule 3.850 motion to vacate his 1995 nolo contendere plea for sexual battery. The court granted the belated appeal but affirmed the trial court's denial on the merits,
• Lopez v. State
  696 So. 2d 725· Fla.· 1997-05-15 ·cited 15×
  Eduardo Lopez, a death row inmate, appealed a trial court order upholding the exemption of sealed state attorney files from disclosure under Florida public records law. The Florida Supreme Court affirmed, finding that attorney work product notes on trial strategy and witness cros
• State v. McArthur Breedlove
  655 So. 2d 74· Fla.· 1995-04-06 ·cited 15×·via Habeas Corpus Petition
  The Florida Supreme Court reversed an order vacating Breedlove's death sentence, holding that although the jury instruction on the heinous, atrocious, or cruel aggravator was unconstitutional under Espinosa v. Florida, the error was harmless because the evidence overwhelmingly es
• Harrison Fagan v. Odie Washington
  942 F.2d 1155· 7th Cir.· 1991-09-05 ·cited 15×·via Habeas Corpus Petition
  The court held that the evidence was constitutionally insufficient to support Fagan's murder conviction under the Illinois accountability statute, entitling him to release.
• van Poyck v. Dugger
  579 So. 2d 346· Fla. 1st DCA· 1991-05-14 ·cited 15×
  Van Poyck, a death-row inmate, appealed the summary denial of his habeas corpus petition challenging conditions of confinement as cruel and unusual punishment under the Eighth Amendment. The court reversed, finding the petition stated sufficient grounds for relief and remanding f
• Lesko v. Lehman
  925 F.2d 1527· 3d Cir.· 1991-02-11 ·cited 15×·via Habeas Corpus Petition
  The court held that the district court erred in failing to hold an evidentiary hearing on Lesko's claim that his guilty plea was used in violation of due process, and that prosecutorial comments tainted the jury's sentencing determination.
• United States v. Huch
  924 F.2d 679· 7th Cir.· 1991-02-05 ·cited 15×·via Habeas Corpus Petition
  The court held that the jury instructions used at trial violated due process by potentially misleading the jury into convicting the defendant of murder even if mitigating circumstances for voluntary manslaughter were present.
• Battle v. Thomas
  923 F.2d 165· 11th Cir.· 1991-02-01 ·cited 15×·via Habeas Corpus Petition
  A habeas petitioner currently incarcerated on an enhanced sentence may challenge the prior conviction used for enhancement, even if the prior sentence has expired.
• Mahmoud El-Abed Ahmad v. Wigen
  910 F.2d 1063· 2d Cir.· 1990-08-10 ·cited 15×
  The court affirmed the dismissal of the habeas corpus petition, holding that the scope of review in extradition cases is limited and that the district court improperly considered claims regarding potential mistreatment in the requesting country.
• Hill v. Dugger
  556 So. 2d 1385· Fla.· 1990-01-26 ·cited 15×
  Clarence Hill appeals denial of post-conviction relief and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of the motion for post-conviction relief and denies habeas corpus relief, vacating a temporary stay of execu
• Jessup v. United States Parole Comm'n
  889 F.2d 831· 9th Cir.· 1989-11-13 ·cited 15×·via Habeas Corpus Petition
  The court held that the Parole Commission's failure to notify a parolee of the potential forfeiture of street time violated due process, and that while the parolee did not waive his claim due to delay, the proper remedy was a rehearing, not immediate credit for street time.
• Sanders v. Trickey
  875 F.2d 205· 8th Cir.· 1989-05-24 ·cited 15×
  The court held that defense counsel's decisions regarding interviewing a potential witness and subpoenaing officers were strategic and did not constitute ineffective assistance of counsel, nor did they prejudice the appellant.
• Landano v. Rafferty
  856 F.2d 569· 3d Cir.· 1988-09-09 ·cited 15×·via Habeas Corpus Petition
  The court held that the district court properly denied the habeas corpus petition, finding no constitutional error in the trial court's admission of identification testimony, the prosecution's disclosure practices, or the supplemental jury charge.
• Martin v. Dugger
  686 F. Supp. 1523· S.D. Fla.· 1988-06-01 ·cited 15×·via Habeas Corpus Petition
  The court denies the writ of habeas corpus for claims I, III, and IV, finding them procedurally barred or without merit, but orders an evidentiary hearing for claim II regarding competency to be executed.
• Williams v. Johnson
  845 F.2d 906· 11th Cir.· 1988-05-20 ·cited 15×
  The court held that the defendant's confessions were voluntary and his life sentences under the Alabama Habitual Offender Act were not disproportionate, affirming the denial of his habeas corpus petition.
• Strenten Vujosevic v. Rafferty
  844 F.2d 1023· 3d Cir.· 1988-04-18 ·cited 15×·via Habeas Corpus Petition
  The court held that the trial court's refusal to instruct the jury on the lesser included offense of aggravated assault was prejudicial constitutional error, and that the defendant's confession was obtained in violation of his right to remain silent.
• Parks v. Brown
  840 F.2d 1496· 10th Cir.· 1988-03-01 ·cited 15×·via Habeas Corpus Petition
  The court held that the defendant was not entitled to a second-degree murder instruction because the evidence, even when viewed in its entirety, did not rationally permit a jury to find him guilty of the lesser offense while acquitting him of the greater.
• Ford v. State
  522 So. 2d 345· Fla.· 1988-02-18 ·cited 15×·via Writ Of Habeas Corpus
  The application of the California Arbitration Act's provision allowing a court to stay arbitration pending resolution of related litigation is not pre-empted by the Federal Arbitration Act when parties have agreed that their arbitration agreement will be governed by California la
• Phillips v. Dugger
  515 So. 2d 227· Fla.· 1987-11-19 ·cited 15×·via Writ Of Habeas Corpus
  Harry Phillips, a death row inmate, filed a habeas corpus petition challenging his death sentence on Eighth Amendment grounds, arguing that prosecutor and judge comments suggesting the jury's sentencing role was advisory diminished the jury's sense of responsibility. The Florida
• Casper v. Ryan
  822 F.2d 1283· 3d Cir.· 1987-06-26 ·cited 15×
• Bundy v. Dugger
  816 F.2d 564· 11th Cir.· 1987-04-02 ·cited 15×
  The court held that the district court erred in denying an evidentiary hearing on the defendant's competency to stand trial, as the defendant presented sufficient evidence to raise a legitimate doubt.
• Nollie Lee Martin v. Louie L. Wainwright
  497 So. 2d 872· Fla.· 1986-11-13 ·cited 15×
  Nollie Lee Martin, under a second death warrant, petitioned the Florida Supreme Court for a writ of habeas corpus and a stay of execution. The Court denied the petition, finding no merit to his arguments regarding competency to be executed, ineffective appellate counsel, jury ins
• Sturgis v. Goldsmith
  796 F.2d 1103· 9th Cir.· 1986-08-11 ·cited 15×·via Habeas Corpus Petition
  A defendant does not have a constitutional right to be present at a competency hearing, as it is a preliminary proceeding and not a critical stage of trial.
• Johnson v. Stagner
  781 F.2d 758· 9th Cir.· 1986-01-28 ·cited 15×
  The court held that the district court erred by not making factual findings regarding the circumstances of the trial continuance, which are necessary to determine if the Interstate Agreement on Detainers (IAD) was violated.
• Coleman Pennington v. Spears
  779 F.2d 1505· 11th Cir.· 1986-01-13 ·cited 15×
  The court held that the petitioner's claims of ineffective assistance of counsel and improper charging lacked merit, and affirmed the denial of his habeas corpus petition.
• Louie L. Wainwright v. Taylor
  476 So. 2d 669· Fla.· 1985-10-03 ·cited 15×
  The Florida Supreme Court dismissed a petition for review of a district court decision granting a writ of habeas corpus to James Lamont Taylor regarding his parole release date computation. Although the district court applied an incorrect legal standard by using habeas corpus ins
• Elwood C. Barclay v. State
  470 So. 2d 691· Fla.· 1985-05-30 ·cited 15×·via Habeas Corpus Petition
  The Florida Supreme Court affirmed Barclay's first-degree murder conviction but vacated his death sentence, holding that the trial court improperly overrode the jury's life imprisonment recommendation because several of the aggravating circumstances were not adequately supported
• Velarde v. Shulsen
  757 F.2d 1093· 10th Cir.· 1985-03-22 ·cited 15×·via Habeas Corpus Petition
  The court held that prosecutorial cross-examination and argument regarding a defendant's post-arrest silence, when not used for impeachment of prior inconsistent statements, violates due process and is not harmless error in a case hinging on the defendant's credibility.
• United States v. Brown
  753 F.2d 455· 5th Cir.· 1985-02-21 ·cited 15×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  The court held that the district court lacked jurisdiction to entertain the prisoner's motion for presentence credit, vacating the judgment and remanding for dismissal.
• Zanazanian v. United States
  729 F.2d 624· 9th Cir.· 1984-03-29 ·cited 15×
  The court held that unsworn, multiple hearsay reports, when properly authenticated and sufficiently detailed, can constitute competent legal evidence to support a finding of extraditability under the U.S.-Sweden treaty.
• Garland v. Maggio
  717 F.2d 199· 5th Cir.· 1983-10-17 ·cited 15×
  The court held that a jury instruction creating a presumption of intent, while unconstitutional under Sandstrom v. Montana, was harmless error given the overwhelming evidence of intent. The court also found no ineffective assistance of counsel.
• Barrie Deon Shelton v. Heard
  696 F.2d 1127· 5th Cir.· 1983-02-03 ·cited 15×
  The court held that a prisoner is not required to exhaust state remedies when the delay in the state appellate process renders those remedies ineffective to protect his rights.
• Wiggins v. Estelle
  681 F.2d 266· 5th Cir.· 1982-07-26 ·cited 15×·via Writ Of Habeas Corpus
  A defendant's Sixth Amendment right to self-representation can be violated by the unsolicited and overzealous participation of court-appointed standby counsel, even if the right to self-representation was initially granted.
• In re Louie L. Wainwright
  678 F.2d 951· 11th Cir.· 1982-06-14 ·cited 15×
  The court held that a writ of prohibition is not warranted to prevent a district court from conducting an evidentiary hearing in a habeas corpus proceeding.
• LaBRUNA v. Marshal
  665 F.2d 439· 2d Cir.· 1981-11-25 ·cited 15×·via Habeas Corpus Petition
  The court held that further state exhaustion proceedings would be futile, allowing federal habeas review despite the petitioner not presenting the federal constitutional claim to state courts.
• Krische v. Smith
  662 F.2d 177· 2d Cir.· 1981-11-04 ·cited 15×·via Habeas Corpus Petition
  The court held that the state trial judge's ex parte communication with the jury, instructing them to continue deliberations without notice to the defendant or counsel, constituted a violation of the defendant's due process right to be present, and this error was not harmless.
• Daye v. Attorney Gen. OF the State OF NEW York & Eugene S. LeFevre
  663 F.2d 1155· 2d Cir.· 1981-10-28 ·cited 15×
  The court should dismiss the petition on the merits, as the petitioner was not deprived of a fair trial in violation of constitutional amendments.
• Arnold v. Marshall
  657 F.2d 83· 6th Cir.· 1981-08-05 ·cited 15×
  The court held that a petitioner must demonstrate diligence in filing a habeas petition to overcome prejudice to the state caused by delay, and that the petitioner here failed to do so.
• Walker v. Butterworth
  599 F.2d 1074· 1st Cir.· 1979-06-07 ·cited 15×·via Habeas Corpus Petition
  The court held that requiring a defendant to personally exercise peremptory challenges, when sanity is the sole issue and the prosecutor uses this as evidence of sanity, violates the Fifth Amendment privilege against self-incrimination.
• Crawford v. Griffin Bell
  599 F.2d 890· 9th Cir.· 1979-04-27 ·cited 15×
  The court held that dismissal of a habeas corpus petition is proper if it does not challenge the legality of confinement, and that dismissal of individual claims duplicative of a class action is also proper, but claims beyond the scope of the class action should not be dismissed