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. Eddie Allen v. Rowe
  591 F.2d 391· 7th Cir.· 1979-01-08 ·cited 15×·via Habeas Corpus Petition
  A prosecutor's cross-examination and closing argument comments on a defendant's silence during police custody, even before Miranda warnings, violate the Fifth and Fourteenth Amendments and are not harmless error.
• Ashe v. State OF N.C.
  586 F.2d 334· 4th Cir.· 1978-11-17 ·cited 15×·via Habeas Corpus Petition
  The court held that the affirmative denial of a defendant's request to speak at sentencing constitutes a denial of due process, requiring a remand for an evidentiary hearing.
• Sumpter v. DeGROOTE
  552 F.2d 1206· 7th Cir.· 1977-04-01 ·cited 15×
  The court held that remanding a case solely to allow the prosecution to retry an unproven essential element of the crime, after the conviction was affirmed in part, violates the Double Jeopardy Clause of the Fifth Amendment.
• United States ex rel. Salvador Ortiz v. Allyn Sielaff
  542 F.2d 377· 7th Cir.· 1976-08-27 ·cited 15×
  The court held that the petitioner's trial counsel's performance, while not ideal, met the minimum standard of professional representation and did not prejudice the defense.
• Sandstrom v. State
  336 So. 2d 572· Fla.· 1976-06-30 ·cited 15×·via Writ Of Habeas Corpus
  The district courts erred in affirming the contempt convictions because the underlying orders requiring attorneys to wear neckties were void. While trial courts have the inherent power to regulate courtroom attire to maintain dignity, this power is not unlimited and requires a fa
• Loftis v. Estelle
  515 F.2d 872· 5th Cir.· 1975-07-09 ·cited 15×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court should remand for an evidentiary hearing on the issue of effective assistance of counsel.
• Kohler v. Sandstrom
  305 So. 2d 76· Fla. 3d DCA· 1974-11-26 ·cited 15×
  John Kohler appealed the denial of his habeas corpus petition challenging his detention pursuant to an extradition warrant issued by Florida's Governor in response to Connecticut's extradition demand. The court affirmed, holding that an extradition warrant constitutes prima facie
• United States ex rel. Louis Testamark v. Vincent
  496 F.2d 641· 2d Cir.· 1974-05-08 ·cited 15×
  The court held that a defendant's claim of ineffective assistance of counsel must consider the merits of the case, and the defendant's actions can constitute a waiver of counsel.
• Application of Robert L. Bell v. State OF Kan.
  452 F.2d 783· 10th Cir.· 1971-12-09 ·cited 15×·via Habeas Corpus Petition
  The dissenting judge would have granted relief, finding the defendant was twice prosecuted for the same substantive crime.
• Waddy v. Heer
  383 F.2d 789· 6th Cir.· 1967-10-10 ·cited 15×
  The court held that the petitioners' guilty pleas were not rendered involuntary by the alleged police coercion, the trial judge's participation in sentence discussions, or the absence of counsel at certain stages, and that the racial designation on the indictment did not vitiate
• United States ex rel. Louis E. Bennett v. Myers
  381 F.2d 814· 3d Cir.· 1967-07-27 ·cited 15×·via Habeas Corpus Petition
  The court held that the relator's claims regarding police lineups and judicial disqualification were without merit, and the trial judge's interjection did not deny a fair trial.
• United States ex rel. Peters v. Ragen
  178 F.2d 377· 7th Cir.· 1949-12-02 ·cited 15×·via Application For Writ Of Habeas Corpus
  The court held that federal courts must require exhaustion of newly available state remedies before entertaining habeas corpus petitions, even if the new remedy was enacted after the lower court's decision.
• United States ex rel. Ling YEE Suey v. Spar
  149 F.2d 881· 2d Cir.· 1945-06-08 ·cited 15×·via Writ Of Habeas Corpus
  The court held that aliens deportable under immigration laws can be deported to a country other than their native land or last port of embarkation if such deportation is deemed impracticable or inconvenient due to war, and that such deportations do not violate the Fifth Amendment
• D'Alessandro v. Tippins
  102 Fla. 10· Fla.· 1931-06-09 ·cited 15×·via Writ Of Habeas Corpus
  Angelo D'Alessandro sought habeas corpus relief after his conviction for unlawful possession of intoxicating liquors. The Florida Supreme Court affirmed the lower court's denial of his third habeas corpus petition, holding that a final judgment in habeas corpus is conclusive and
• Harvey v. The Cir. Court of the Eleventh Jud. Cir.
  191 So. 3d 471· Fla. 3d DCA· 2024-01-10 ·cited 14×
  A court may issue an order to show cause prohibiting a litigant from filing further pro se pleadings when the litigant has repeatedly filed procedurally barred or meritless claims that waste judicial resources and constitute an abuse of the judicial process.
• Smith v. State
  213 So. 3d 722· Fla.· 2017-03-16 ·cited 14×
  Corey Smith, convicted of multiple murders in connection with a Miami drug enterprise, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of most postconviction claims but vacated Smith's death se
• Bogle v. State
  213 So. 3d 833· Fla.· 2017-02-09 ·cited 14×·via Writ Of Habeas Corpus
  Brett Bogle was convicted of first-degree murder and sentenced to death for the 1991 killing of Margaret Torres. On post-conviction review, Bogle raised multiple claims including Brady and Giglio violations, ineffective assistance of counsel at guilt and penalty phases, newly dis
• Robert E. Banks v. Jones
  197 So. 3d 1152· Fla. 1st DCA· 2016-07-12 ·cited 14×
  A state prisoner challenges his assignment to Close Management (solitary confinement) after spitting in a psychiatrist's face. The court recedes from prior precedent holding that such challenges must be brought as habeas corpus petitions, ruling instead that Close Management assi
• Brooks v. State
  175 So. 3d 204· Fla.· 2015-05-07 ·cited 14×·via Writ Of Habeas Corpus
  Lamar Brooks appeals denial of his Rule 3.851 motion to vacate death sentences for two murders and petitions for habeas corpus. The Florida Supreme Court affirms the postconviction court's rejection of all ineffective assistance of counsel claims, Brady/Giglio violations, and new
• Samak v. Warden, FCC Coleman-Medium
  766 F.3d 1271· 11th Cir.· 2014-09-10 ·cited 14×·via Habeas Corpus Petition
  The Eleventh Circuit, in a concurring opinion, argues that the court's established interpretation of the savings clause in 28 U.S.C. § 2255(e) is atextual and indefensible. The concurrence contends that the plain text of the savings clause allows a federal prisoner to file a habe
• England v. State
  151 So. 3d 1132· Fla.· 2014-07-03 ·cited 14×
  Richard England, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habeas petition, finding no ine
• Frances v. State
  143 So. 3d 340· Fla.· 2014-04-17 ·cited 14×
  David Sylvester Frances appealed the trial court's denial of his Rule 3.851 postconviction motion and petition for habeas corpus in a death penalty case involving the murders of two women. The Florida Supreme Court affirmed the denial of all ineffective assistance of counsel clai
• Pierce v. State
  121 So. 3d 1091· Fla. 5th DCA· 2013-08-16 ·cited 14×
  Marco Pierce sought relief for ineffective assistance of appellate counsel, alleging his appellate counsel failed to raise that the jury instructions for attempted voluntary manslaughter by act were fundamentally flawed. The court agreed and granted the petition, vacating his con
• Ulysses Brown v. McNEIL
  22 So. 3d 741· Fla. 1st DCA· 2009-11-17 ·cited 14×
  Ulysses Brown appealed the denial of his habeas corpus petition, his sixteenth action in this court. The court affirmed the denial and imposed sanctions by ordering the clerk to reject future pro se filings from Brown related to his convictions unless signed by a Florida Bar atto
• Logan v. State
  964 So. 2d 209· Fla. 5th DCA· 2007-08-24 ·cited 14×
  David Logan appealed the denial of his habeas corpus petition challenging the Florida Parole Commission's determination that he qualified for conditional release supervision. The court affirmed the denial, holding that Logan failed to allege he did not meet the statutory criteria
• Musa Shabazz v. State
  955 So. 2d 57· Fla. 1st DCA· 2007-03-26 ·cited 14×
  Musa Shabazz petitioned for relief based on ineffective assistance of appellate counsel for failing to raise a jury instruction issue on his direct appeal of an attempted first-degree murder conviction. The court found appellate counsel ineffective but remanded for a new appellat
• Hightower v. Terry
  459 F.3d 1067· 11th Cir.· 2006-08-08 ·cited 14×·via Habeas Corpus Petition
  The Georgia courts failed to properly apply Batson's third step by not assessing the plausibility of the prosecutor's race-neutral explanations for striking black veniremembers. This failure constitutes an unreasonable application of clearly established federal law, warranting th
• Johnston v. State
  960 So. 2d 757· Fla.· 2006-05-04 ·cited 14×
  David Eugene Johnston, a death row inmate convicted of first-degree murder in 1984, appealed the denial of postconviction relief on two grounds: that Florida's capital sentencing scheme violates Ring v. Arizona, and that the trial court erred in finding him not mentally retarded
• Ross v. State
  901 So. 2d 252· Fla. 4th DCA· 2005-04-27 ·cited 14×
  The court held that the petitioner is entitled to re-sentencing without the Prison Releasee Reoffender (PRR) designation because the record does not establish that the burglarized dwellings were occupied, and the PRR statute, as clarified by Huggins, applies only to occupied dwel
• Hernandez v. Roth
  890 So. 2d 1173· Fla. 3d DCA· 2004-12-29 ·cited 14×·via Writ Of Habeas Corpus
  Ignacio Hernandez petitioned for a writ of habeas corpus challenging a condition of his pretrial release requiring urinalysis three times weekly. The Third District Court of Appeal held that the trial court did not abuse its discretion in imposing this condition and denied the wr
• Davis v. State
  886 So. 2d 332· Fla. 5th DCA· 2004-11-12 ·cited 14×
  Davis petitioned for a writ of habeas corpus alleging his appellate counsel was ineffective for failing to raise on direct appeal that the trial court erred in giving a jury instruction based on section 776.041 that effectively negated his self-defense claim. The court granted th
• Allen v. State
  873 So. 2d 576· Fla. 2d DCA· 2004-05-26 ·cited 14×
  The Florida District Court of Appeal granted a petition for writ of mandamus, ordering a lower court to hold a probable cause hearing for a sexually violent predator committed under the Jimmy Ryce Act. The court denied a petition for habeas corpus, finding that the failure to hol
• Parker v. State
  843 So. 2d 871· Fla.· 2003-03-27 ·cited 14×
  Thomas Parker challenges the constitutionality of Florida Statute §903.0471, which allows courts to revoke pretrial release and order detention upon finding probable cause that a defendant committed a new crime while on release. The Florida Supreme Court upholds the statute as co
• Heard v. Fla. Parole Comm'n
  811 So. 2d 808· Fla. 1st DCA· 2002-03-20 ·cited 14×
  William K. Heard challenged a circuit court order upholding revocation of his parole. The appellate court found the circuit court departed from essential requirements of law by treating his habeas corpus petition as a mandamus petition (requiring a filing fee) and by exercising j
• Westberry v. Moore
  772 So. 2d 1208· Fla.· 2000-11-09 ·cited 14×·via Writ Of Habeas Corpus
  Richard Westberry petitioned for habeas corpus relief, challenging the forfeiture of his gain time credits upon revocation of his Control Release status. The Florida Supreme Court denied the petition, holding that inmates who accepted early release under the Control Release progr
• Monty Pavey v. State
  720 So. 2d 563· Fla. 2d DCA· 1998-09-23 ·cited 14×
  The court affirmed the trial court's summary denial of Pavey's postconviction relief motion under Florida Rule of Criminal Procedure 3.850 because the motion was not properly sworn as required by law. The court allowed Pavey thirty days from the mandate to refile with proper oath
• M.P. v. Dept. OF Child. & Families
  717 So. 2d 114· Fla. 1st DCA· 1998-09-04 ·cited 14×·via Writ Of Habeas Corpus
• Calamia v. Singletary
  686 So. 2d 1337· Fla.· 1996-12-19 ·cited 14×·via Writ Of Habeas Corpus
  Florida Supreme Court rejected habeas corpus and mandamus petitions from two inmates convicted of murder who challenged the retroactive cancellation of provisional credits awarded for prison overcrowding as an ex post facto violation. The Court held that provisional credits are a
• Holmes v. State
  669 So. 2d 360· Fla. 5th DCA· 1996-03-15 ·cited 14×
  Holmes petitioned for habeas corpus relief alleging ineffective assistance of appellate counsel. The Florida District Court of Appeal denied the petition and barred Holmes from filing further pro se pleadings regarding his 1989 conviction, finding he had abused the judicial syste
• Attwood v. Singletary
  659 So. 2d 1127· Fla. 2d DCA· 1995-07-27 ·cited 14×
  Robert Attwood appealed the circuit court's denial of his habeas corpus petition. The appellate court dismissed the appeal as moot and imposed severe restrictions on Attwood's future filings, finding his litigation pattern constituted frivolous and abusive misuse of the judicial
• Martinez v. State
  655 So. 2d 166· Fla. 3d DCA· 1995-05-10 ·cited 14×·via Writ Of Habeas Corpus
  Martinez appealed his convictions for armed cocaine trafficking and related firearm offenses, raising claims of ineffective assistance of trial counsel and appellate counsel. The court affirmed most of the trial court's denial of Martinez's post-conviction motion but reversed and
• T.L.W. v. The Honorable A.C. Soud, Jr.
  645 So. 2d 1101· Fla. 1st DCA· 1994-12-01 ·cited 14×
  Two juveniles detained in secure custody on firearm charges challenged their detention via habeas corpus, arguing it was not authorized by statute. The Florida Court of Appeal affirmed their detention, holding that both the general detention statute and a specific firearm statute
• Roberts v. Singletary
  626 So. 2d 168· Fla.· 1993-09-16 ·cited 14×·via Writ Of Habeas Corpus
  Ricky Bernard Roberts, a death row inmate, petitioned for habeas corpus relief claiming that recent U.S. Supreme Court decisions regarding jury instructions on aggravating circumstances constituted a change in law requiring resentencing. The Florida Supreme Court denied the petit
• Elderbroom v. Knowles
  621 So. 2d 518· Fla. 4th DCA· 1993-07-07 ·cited 14×
  The court held that the trial court erred in denying pretrial release on bail when substantial defense evidence raised material questions of fact regarding guilt.
• Mullings v. Barton
  620 So. 2d 258· Fla. 1st DCA· 1993-06-28 ·cited 14×·via Writ Of Habeas Corpus
  The court dismissed the appeal regarding the disorderly conduct charge as moot after the appellee's letter provided the requested relief, and reversed and remanded the destruction of state property petition for the trial court to consider on the merits.
• Jenkins v. State
  603 So. 2d 641· Fla. 5th DCA· 1992-08-07 ·cited 14×
  Jenkins, an incarcerated defendant, sought a writ of habeas corpus to file a belated appeal from an order denying his post-conviction relief motion. The court granted the petition, holding that the state bears the ultimate burden of ensuring a defendant receives notice of court o
• Kayle Barrington Bates v. Dugger
  604 So. 2d 457· Fla.· 1992-07-23 ·cited 14×
  The court affirmed the denial of most postconviction claims but affirmed the order for a new sentencing proceeding, denying the habeas petition.
• Freeman v. Lane
  962 F.2d 1252· 7th Cir.· 1992-05-01 ·cited 14×·via Habeas Corpus Petition
  The court held that the appellate counsel's failure to raise a meritorious Fifth Amendment claim on direct appeal constituted ineffective assistance, establishing cause and prejudice to excuse the procedural default for federal habeas review.
• Pinedo v. United States
  955 F.2d 12· 5th Cir.· 1992-02-13 ·cited 14×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  The court held that the prior interpretation of "in custody" under 18 U.S.C. § 3568 applies to the current statute 18 U.S.C. § 3585(b), meaning credit is not given for time spent on restrictive pre-trial release.
• Hernando Williams v. Chrans
  945 F.2d 926· 7th Cir.· 1991-10-01 ·cited 14×·via Habeas Corpus Petition
  The court affirmed the district court's denial of the habeas petition, finding no constitutional infirmities in the guilty plea or the Illinois death penalty statute as applied.