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

• Corn v. Zant
  708 F.2d 549· 11th Cir.· 1983-06-15 ·cited 80×·via Habeas Corpus Petition
  The court held that the trial judge's remark about automatic appeal did not rise to the level of constitutional error, and the jury instructions on intent and malice did not impermissibly shift the burden of proof. Therefore, the petitioner did not suffer a due process violation.
• United States ex rel. Frank Esola v. Groomes
  520 F.2d 830· 3d Cir.· 1975-08-05 ·cited 80×·via Habeas Corpus Petition
  The court held that a federal question is presented by the petition for habeas corpus, and the case must be remanded for further proceedings.
• Bard v. Wolson
  687 So. 2d 254· Fla. 1st DCA· 1996-12-02 ·cited 79×
  Bard challenged his conditional release revocation through habeas corpus. The trial court denied his petition without allowing him to respond to the Parole Commission's answer, violating procedural rights. The appellate court reversed and remanded, holding that habeas corpus peti
• State v. Sireci
  502 So. 2d 1221· Fla.· 1987-01-05 ·cited 79×
  Henry Perry Sireci, a death row inmate, challenged the trial court's order granting an evidentiary hearing on a second motion for post-conviction relief regarding allegedly incompetent psychiatric evaluations. The Florida Supreme Court affirmed the trial court's order, finding th
• O'Berry v. Louie L. Wainwright
  546 F.2d 1204· 5th Cir.· 1977-02-11 ·cited 79×·via Habeas Corpus Petition
  A federal court is precluded from considering a state prisoner's Fourth Amendment claims on habeas corpus if the state provided an opportunity for full and fair litigation of those claims, even if the state court resolved the claim on procedural grounds.
• Gonzalez v. State
  101 So. 3d 886· Fla. 1st DCA· 2012-10-24 ·cited 78×
  The court held that the Supreme Court's decision in Miller v. Alabama, which found mandatory life without parole for juvenile offenders unconstitutional, should not be applied retroactively to cases that were final before Miller was decided.
• Simmons v. State
  105 So. 3d 475· Fla.· 2012-10-18 ·cited 78×·via Writ Of Habeas Corpus
  Eric Lee Simmons was convicted of first-degree murder, kidnapping, and sexual battery in the stabbing and beating death of Deborah Tressler and sentenced to death. The Florida Supreme Court affirmed the guilt-phase conviction but reversed the death sentence, finding ineffective a
• Rogers v. State
  957 So. 2d 538· Fla.· 2007-01-18 ·cited 78×·via Writ Of Habeas Corpus
  Glen Edward Rogers was convicted of first-degree murder and sentenced to death for the 1995 murder of Tina Marie Cribbs. This appeal challenges the trial court's denial of his motion to vacate his conviction and sentence, and his petition for writ of habeas corpus, raising claims
• Robinson v. State
  865 So. 2d 1259· Fla.· 2004-01-29 ·cited 78×·via Writ Of Habeas Corpus
  Johnny Robinson, a death row inmate, appealed the trial court's denial of a successive rule 3.851 postconviction motion and filed a successive habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas relief, re
• Murray v. Regier
  872 So. 2d 217· Fla.· 2002-12-05 ·cited 78×
  Charles Murray challenged his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing his plea agreement in a prior criminal case entitled him to release on probation rather than pretrial civil detention. The Florida Supreme Court held that while M
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×·via Writ Of Habeas Corpus
  Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
• Amos Lee King, Jr. v. Dugger
  555 So. 2d 355· Fla.· 1990-01-04 ·cited 78×
  Amos King, under death sentence for first-degree murder, petitioned the Florida Supreme Court for habeas corpus relief. The Court denied the petition, finding all claimed errors either procedurally barred or lacking merit.
• Lindsey v. Smith
  820 F.2d 1137· 11th Cir.· 1987-06-12 ·cited 78×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding that the appellant's claims were either procedurally barred or without merit.
• Reese v. Louie L. Wainwright
  600 F.2d 1085· 5th Cir.· 1979-08-13 ·cited 78×
  The court held that the trial court did not err in denying a second competency hearing, as the facts presented did not raise a bona fide doubt of the defendant's competency during trial, and post-trial evidence of incompetence does not trigger a procedural violation under Pate.
• Higgins v. Steele
  195 F.2d 366· 8th Cir.· 1952-04-03 ·cited 78×
  The court held that the district court should not have allowed the appellant to proceed in forma pauperis or appeal as a poor person, and should have certified that the appeal was not taken in good faith.
• Mills v. Moore
  786 So. 2d 532· Fla.· 2001-04-12 ·cited 77×·via Writ Of Habeas Corpus
  Gregory Mills, a death row inmate, petitioned for habeas corpus relief arguing that Florida's capital sentencing scheme violates the Apprendi decision requiring jury findings on facts increasing penalties, and that his jury override was arbitrarily applied under Tedder. The Flori
• Hall v. State
  541 So. 2d 1125· Fla.· 1989-03-09 ·cited 77×
  Freddie Lee Hall, a death row inmate, challenged his death sentence on the ground that his sentencing proceeding violated the Supreme Court's ruling in Hitchcock v. Dugger by limiting consideration to only statutory mitigating circumstances. The Florida Supreme Court reversed, fi
• Stephens v. Kemp
  846 F.2d 642· 11th Cir.· 1988-04-22 ·cited 77×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that a jury instruction creating a presumption of intent is unconstitutional but the error was harmless because the defendant raised self-defense, thereby conceding the intent to kill, and alternatively, the evidence of intent was overwhelming. The court also held
• Witt v. State
  465 So. 2d 510· Fla.· 1985-03-04 ·cited 77×
  Johnny Paul Witt, sentenced to death for first-degree murder, appealed the denial of his second post-conviction relief petition under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's dismissal as a successive petition without merit, r
• Foster v. Strickland
  707 F.2d 1339· 11th Cir.· 1983-06-27 ·cited 77×
  Charles Kenneth Foster was convicted of first degree murder and sentenced to death in Florida. On federal habeas review, the Eleventh Circuit affirmed the district court's denial of Foster's petition on claims of ineffective assistance of counsel, improper jury instructions on we
• Novak v. Beto
  453 F.2d 661· 5th Cir.· 1971-12-09 ·cited 77×·via Habeas Corpus Petition
  The court held that Texas's regulation banning all inmate assistance in preparing legal writs is unconstitutional because the state failed to prove it provided reasonable alternatives. However, the court affirmed that solitary confinement as administered by Texas does not constit
• M.W. v. Arlonia Davis
  756 So. 2d 90· Fla.· 2000-05-04 ·cited 76×
  The Florida Supreme Court held that the Baker Act procedures are not required before a dependency court orders placement of an adjudicated dependent child in a residential mental health facility, though due process requires a hearing with an opportunity for the child to be heard.
• Haliburton v. Singletary
  691 So. 2d 466· Fla.· 1997-01-09 ·cited 76×
  Jerry Leon Haliburton, convicted of first-degree murder and sentenced to death, challenged his conviction through a Rule 3.850 post-conviction motion and habeas corpus petition, raising claims of Brady violations, ineffective assistance of counsel, prosecutorial misconduct, and i
• Harris v. Dugger
  874 F.2d 756· 11th Cir.· 1989-05-16 ·cited 76×·via Writ Of Habeas Corpus
  The court held that the appellant's lawyers rendered ineffective assistance of counsel during the penalty phase by failing to investigate and present mitigation evidence, and that the confession was voluntary and the arrest lawful.
• Willis v. Zant
  720 F.2d 1212· 11th Cir.· 1983-11-17 ·cited 76×·via Habeas Corpus Petition
  The court held that the petitioner is entitled to an evidentiary hearing on his claims regarding the systematic exclusion of young adults from the jury venire and the prosecutor's historical practice of excluding black individuals from juries through peremptory challenges.
• Mason v. Balkcom
  669 F.2d 222· 5th Cir.· 1982-03-01 ·cited 76×
  The jury instruction impermissibly shifted the burden of proof of intent to the petitioner, and this error has not been shown to be harmless beyond a reasonable doubt.
• Williams v. Ward
  556 F.2d 1143· 2d Cir.· 1977-05-26 ·cited 76×·via Habeas Corpus Petition
  The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
• United States ex rel. Joel Smith v. The Hon. Daniel McMANN
  417 F.2d 648· 2d Cir.· 1969-10-10 ·cited 76×·via Habeas Corpus Petition
  The court held that the record already established the petitioner was deprived of his constitutional right to appeal due to not being informed of his right to appeal without cost and with appointed counsel.
• Whitus v. Balkcom
  333 F.2d 496· 5th Cir.· 1964-06-18 ·cited 76×·via Habeas Corpus Petition
• Kanatser v. Chrysler Corp.
  199 F.2d 610· 10th Cir.· 1952-08-28 ·cited 76×·via Writ Of Habeas Corpus
• Raulerson v. Louie L. Wainwright
  732 F.2d 803· 11th Cir.· 1984-05-01 ·cited 75×
  The court held that the trial court's failure to conduct a Faretta hearing after Raulerson's unequivocal assertion of his right to self-representation was an absolute denial of that right, not waived by subsequent conduct.
• Huey R. LEE v. State OF Ala.
  386 F.2d 97· 5th Cir.· 1967-06-27 ·cited 75×·via Habeas Corpus Petition
• Mills v. Dugger
  574 So. 2d 63· Fla.· 1990-11-08 ·cited 74×·via Writ Of Habeas Corpus
  John Mills, a death row inmate, petitioned for habeas corpus relief challenging his murder conviction and death sentence on twelve grounds, including claims based on victim impact evidence and instructional errors. The Florida Supreme Court denied the petition, finding all issues
• Presnell v. Kemp
  835 F.2d 1567· 11th Cir.· 1988-01-11 ·cited 74×
  The court held that the cause and prejudice standard from Wainwright v. Sykes applies to claims barred by a state's successive petition rule, and the petitioner bears the burden of proving cause and prejudice.
• Sampson Armstrong v. Dugger
  833 F.2d 1430· 11th Cir.· 1987-11-23 ·cited 74×
  The court held that counsel's failure to investigate and present mitigating evidence constituted ineffective assistance, warranting habeas relief, but reversed the district court's finding of a due process violation based on the timing and length of the sentencing proceeding.
• Beauford White v. Dugger
  511 So. 2d 554· Fla.· 1987-08-20 ·cited 74×·via Writ Of Habeas Corpus
  Beauford White, facing execution, filed a last-minute habeas corpus petition raising constitutional challenges to his death sentence. The Florida Supreme Court denied relief, holding that the petition was procedurally barred under state rules and constituted an abuse of process.
• Adams v. Louie Wainwright
  804 F.2d 1526· 11th Cir.· 1986-11-13 ·cited 74×·via Habeas Corpus Petition
  The court held that statements by the trial judge misleading the jury about their sentencing responsibility violated the Eighth Amendment under Caldwell v. Mississippi, and that this claim was not barred by procedural default or abuse of the writ due to a significant change in la
• In re Whetstone
  137 Fla. 712· Fla.· 1939-05-09 ·cited 74×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a natural mother of an illegitimate child is entitled to notice and an opportunity to be heard in adoption proceedings, even after the child has been committed to another party's custody through separate juvenile court proceedings. The Court re
• Knight v. Fla. Dep't of Corr.
  958 F.3d 1035· 11th Cir.· 2020-05-01 ·cited 73×·via Habeas Corpus Petition
  Ronald Knight, a death-sentenced Florida inmate, challenged his conviction on the grounds that his trial counsel provided ineffective assistance by failing to adequately investigate and present mitigating evidence at sentencing. The Eleventh Circuit affirmed the district court's
• Doorbal v. State
  983 So. 2d 464· Fla.· 2008-02-14 ·cited 73×·via Writ Of Habeas Corpus
  Noel Doorbal appeals the denial of his rule 3.851 motion to vacate convictions for two counts of first-degree murder and death sentences, and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, finding procedural defe
• Owen v. State
  862 So. 2d 687· Fla.· 2003-10-23 ·cited 73×·via Writ Of Habeas Corpus
  In this capital murder case, the Florida Supreme Court affirmed the death sentence of Duane Owen for the 1984 murder of fourteen-year-old Karen Slattery. This was Owen's second direct appeal for this conviction after his original 1990 conviction was reversed due to Miranda violat
• Cunningham v. Zant
  928 F.2d 1006· 11th Cir.· 1991-03-27 ·cited 73×·via Habeas Corpus Petition
  The court held that the trial court's oral jury charge on mitigating circumstances during the sentencing phase was constitutionally deficient, warranting habeas relief, but found the jury charge on intent to be harmless error and the claim of ineffective assistance of counsel to
• Anderson v. State
  18 So. 3d 501· Fla.· 2009-07-09 ·cited 72×
  Fred Anderson appeals the circuit court's denial of his rule 3.851 motion for postconviction relief and petitions for habeas corpus following his 1999 conviction and death sentence for murdering bank employee Heather Young during a robbery. The Florida Supreme Court affirmed the
• Owen v. State
  986 So. 2d 534· Fla.· 2008-05-08 ·cited 72×·via Writ Of Habeas Corpus
  Duane Eugene Owen appeals a circuit court's denial of his Rule 3.851 motion for postconviction relief in a capital murder case, arguing ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the denial, finding that Owen failed to establish eith
• Overton v. State
  976 So. 2d 536· Fla.· 2007-11-29 ·cited 72×
  Thomas Mitchell Overton was convicted of murdering Susan and Michael Macl­vor and sentenced to death. He sought postconviction relief challenging his conviction and sentence, including claims of ineffective assistance of counsel, Brady violations, and denial of DNA testing. The F
• Attwood v. Singletary
  661 So. 2d 1216· Fla.· 1995-10-26 ·cited 72×
  The court held that it has the inherent authority to prevent abuse of the judicial system by requiring pro se litigants to have their filings signed by a member of The Florida Bar.
• Ferguson v. Singletary
  632 So. 2d 53· Fla.· 1993-12-09 ·cited 72×·via Writ Of Habeas Corpus
  John Errol Ferguson, sentenced to death for eight murders, petitions for habeas corpus relief on four grounds: improper resentencing by substitute judge, vague jury instructions on heinous aggravator, involuntary medication during trial, and ineffective appellate counsel. The Flo
• Denhart v. Dugger
  567 So. 2d 1041· Fla. 1st DCA· 1990-10-10 ·cited 72×·via Writ Of Habeas Corpus
• Dickerson v. State OF Ala.
  667 F.2d 1364· 11th Cir.· 1982-02-16 ·cited 72×
  The court held that the denial of a continuance to secure an alibi witness, a police officer, violated the defendant's Sixth and Fourteenth Amendment rights to compulsory process.
• Keel v. United States
  585 F.2d 110· 5th Cir.· 1978-11-30 ·cited 72×
  The court affirmed the denial of the petitioner's motion, finding the government met its burden of proving the Rule 11 noncompliance was not a material factor in the petitioner's guilty plea.