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. Adamantides v. Neelly
  191 F.2d 997· 7th Cir.· 1951-10-10 ·cited 14×
  The court held that the district court properly quashed the writ of habeas corpus and dismissed the petition because the administrative deportation proceedings were fair and supported by evidence, and the petitioner failed to properly contest the administrative record.
• Benjamin v. Hunter
  176 F.2d 269· 10th Cir.· 1949-06-29 ·cited 14×·via Application For Writ Of Habeas Corpus
  The court held that the petitioner was not entitled to immediate release, as his release date, computed under either the prior law or the new statute, would not be affected in a manner that would result in his immediate discharge.
• Swope v. McDonald
  173 F.2d 852· 9th Cir.· 1949-04-05 ·cited 14×·via Habeas Corpus Petition
  The court held that the petitioner was not denied effective assistance of counsel, as the alleged conflict of interest was not genuine and counsel provided competent representation.
• Behrens v. Hironimus
  166 F.2d 245· 4th Cir.· 1948-02-18 ·cited 14×
  The court held that the petitioner's allegations of denial of counsel and a coerced guilty plea, if true, entitle her to a hearing on her petition for a writ of habeas corpus.
• Jones v. Clemmer
  163 F.2d 852· D.C. Cir.· 1947-09-04 ·cited 14×
  The 1947 D.C. Parole Act, specifically its provision for earning commutation for good conduct after parole revocation, cannot be applied retroactively to a prisoner whose parole was revoked and whose good conduct occurred prior to the Act's effective date.
• DEL Guercio v. Gabot
  161 F.2d 559· 9th Cir.· 1947-05-13 ·cited 14×
  The court held that the petitioner, a Philippine national, was not considered an alien at the time of his offense, thus the deportation statute was inapplicable. The court affirmed the lower court's grant of the writ of habeas corpus.
• United States ex rel. Volpe v. Jordan
  161 F.2d 390· 7th Cir.· 1947-02-12 ·cited 14×
  The court held that a state court order vacating a naturalization decree without proper notice, in contravention of federal statutory procedure, is void and does not affect the citizenship previously granted.
• Price v. Johnston
  159 F.2d 234· 9th Cir.· 1947-01-08 ·cited 14×·via Writ Of Habeas Corpus
• Sunal v. Large
  157 F.2d 165· 4th Cir.· 1946-07-29 ·cited 14×·via Habeas Corpus Petition
  The court held that habeas corpus was an available remedy due to exceptional circumstances and that the draft board had a basis in fact for classifying the registrant as 1-A, thus denying the petition.
• Albert ex rel. Buice v. Patterson
  155 F.2d 429· 1st Cir.· 1946-05-20 ·cited 14×
  The court held that the district court's finding that the petitioner failed to sustain his burden of proof was not clearly erroneous and was supported by the record, thus affirming the dismissal of the habeas corpus petition.
• United States ex rel. Carter v. Ragen
  153 F.2d 902· 7th Cir.· 1946-02-25 ·cited 14×·via Writ Of Habeas Corpus
  The court held that the petitioner was lawfully in custody and affirmed the lower court's decision.
• Strong v. Huff
  148 F.2d 692· D.C. Cir.· 1945-04-23 ·cited 14×·via Habeas Corpus Petition
  The court held that a petition for habeas corpus alleging trial errors cannot be reviewed without a transcript or equivalent certification, absent exceptional circumstances.
• Rookard v. Huff
  145 F.2d 708· D.C. Cir.· 1944-12-04 ·cited 14×
  The court held that a second petition for a writ of habeas corpus presenting the same grounds as a prior denied petition may be dismissed, giving controlling weight to the prior adjudication.
• Beckett v. Hudspeth
  131 F.2d 195· 10th Cir.· 1942-10-24 ·cited 14×
  The court held that the petitioner was not denied effective assistance of counsel and was afforded a proper hearing on his habeas corpus petition.
• Drumheller v. Berks Cnty. Local Bd. NO. 1
  130 F.2d 610· 3d Cir.· 1942-08-21 ·cited 14×·via Writ Of Habeas Corpus
  The court held that a writ of certiorari is not available to review the administrative decisions of Selective Service Boards, as these boards do not exercise judicial functions and their decisions are final.
• Robinson v. Johnston
  130 F.2d 202· 9th Cir.· 1942-08-10 ·cited 14×·via Writ Of Habeas Corpus
• Kramer v. State of Nev.
  122 F.2d 417· 9th Cir.· 1941-09-09 ·cited 14×
• Osborne v. Johnston
  120 F.2d 947· 9th Cir.· 1941-06-14 ·cited 14×
  The petition for a writ of habeas corpus does not state facts entitling the appellant to relief because the allegations do not demonstrate a lack of jurisdiction in the original trial court.
• Douglass v. W. J. Shackelford as Marshal of the City of Lake City
  73 Fla. 889· Fla.· 1917-04-19 ·cited 14×·via Habeas Corpus Proceedings
  W. B. Douglass challenges a municipal court conviction and sentence via habeas corpus. The Florida Supreme Court affirms the Circuit Court's order remanding Douglass to custody for proper sentencing by the Mayor, holding that despite procedural defects in the original sentence, t
• Ex-Parte J. C. H.
  17 Fla. 362· Fla.· 1879-06-01 ·cited 14×·via Habeas Corpus Petition
  In this habeas corpus proceeding, the Florida Supreme Court upheld the Circuit Court's authority to imprison a man until he complies with a court order to post a bond for child support obligations under the bastardy act. The court held that the power to enforce specific performan
• Patrick v. State
  246 So. 3d 253· Fla.· 2018-06-14 ·cited 13×
  Eric Kurt Patrick, a capital defendant whose death sentence became final in 2013, appeals the denial of his Rule 3.851 postconviction motion and petitions for a writ of habeas corpus. The Florida Supreme Court grants the habeas petition based on Hurst v. Florida, vacates the deat
• Johnson v. State
  239 So. 3d 135· Fla. 3d DCA· 2018-01-31 ·cited 13×
  Trial counsel's strategic advice against testifying constitutes sound trial strategy when reasonably based on case circumstances, and a defendant's decision not to testify is voluntary when the trial court conducts an adequate colloquy establishing the defendant's understanding o
• Knight v. State
  211 So. 3d 1· Fla.· 2016-12-15 ·cited 13×
  Ronald Knight, convicted of first-degree murder and sentenced to death, appealed the denial of his postconviction motion to vacate his conviction and sentence filed under Florida Rule of Criminal Procedure 3.850, and petitioned for a writ of habeas corpus. The Florida Supreme Cou
• Avery Corbitt v. State
  220 So. 3d 446· Fla. 5th DCA· 2016-11-10 ·cited 13×
  Avery Corbitt petitions for habeas corpus relief, challenging the trial court's sentencing comments that he failed to express remorse or take responsibility for his crimes, arguing these statements violated his constitutional rights to remain silent and trial by jury. The Fifth D
• DE LA HOZ v. Crews
  123 So. 3d 101· Fla. 3d DCA· 2013-09-25 ·cited 13×·via Writ Of Habeas Corpus
  De La Hoz petitions for habeas corpus to vacate his second-degree murder conviction based on fundamentally erroneous jury instructions on manslaughter that were later declared reversible error in Haygood v. State. The court grants relief on narrow procedural grounds, finding mani
• Smith v. State
  126 So. 3d 1038· Fla.· 2013-09-12 ·cited 13×
  Stephen Smith, convicted and sentenced to death for murdering correctional officer Darla Lathrem during a 2003 prison escape attempt, appealed the denial of his motion to vacate his sentence under Florida's postconviction relief rule and filed a habeas petition. The Florida Supre
• Gisi v. State
  119 So. 3d 534· Fla. 5th DCA· 2013-08-16 ·cited 13×
  Michael Gisi appealed the denial of his habeas corpus petition challenging a defect in the information for one of his convictions—specifically, a variance in the offense date between the information and verdict form. The Fifth District Court of Appeal dismissed the appeal due to
• Wendall Hall v. State
  94 So. 3d 655· Fla. 1st DCA· 2012-08-08 ·cited 13×
  The court held that the trial court correctly dismissed the appellant's petition for a writ of habeas corpus, affirming the dismissal and imposing sanctions for a frivolous appeal.
• Henry v. Runner O. Santana
  62 So. 3d 1122· Fla.· 2011-04-28 ·cited 13×
  The Florida Supreme Court held that a trial court may not sua sponte dismiss a habeas corpus petition seeking immediate release based on the petitioner's failure to allege exhaustion of administrative remedies when no party has raised that issue. The decision resolves a conflict
• Ginsberg v. Ryan
  60 So. 3d 475· Fla. 3d DCA· 2011-04-14 ·cited 13×
  Barry Ginsberg petitioned for a writ of habeas corpus challenging his pretrial detention without bond after violating conditions of his monitored release. The Florida Third District Court of Appeal granted the petition, holding that while a defendant forfeits his original bond up
• Askari Abdullah Muhammad v. Sec'y, Dep't OF Corr., Fla. Attorney Gen.
  554 F.3d 949· 11th Cir.· 2009-01-09 ·cited 13×
  Askari Abdullah Muhammad, a Florida death row inmate formerly known as Thomas Knight, sought a certificate of appealability to challenge the denial of his federal habeas corpus petition. Muhammad raised five grounds for relief: competency to stand trial, violation of his Faretta
• B.M. v. Dobuler
  979 So. 2d 308· Fla. 3d DCA· 2008-03-19 ·cited 13×
  A 14-year-old juvenile petitioned for habeas corpus after being placed in secure detention pending disposition of a probation violation. The Third District Court of Appeal held that the trial court's summary detention order violated Florida law because it lacked the required risk
• Lucky v. Ryan
  973 So. 2d 668· Fla. 3d DCA· 2008-02-08 ·cited 13×·via Writ Of Habeas Corpus
• Alexander v. Grady Judd
  930 So. 2d 847· Fla. 2d DCA· 2006-06-14 ·cited 13×
  Amber Alexander petitioned for a writ of habeas corpus challenging her no-bond status in two Polk County criminal cases. The Florida District Court of Appeal clarified that while a trial court may revoke pretrial release in pending charges under Parker v. State when a defendant c
• Sullivan v. Fla. Parole Comm'n
  920 So. 2d 106· Fla. 2d DCA· 2006-01-20 ·cited 13×
  The court held that the circuit court should have transferred the petition to the proper venue rather than dismissing it.
• Shepard v. Crosby
  916 So. 2d 861· Fla. 4th DCA· 2005-10-19 ·cited 13×·via Writ Of Habeas Corpus
  A defendant convicted of second-degree murder and other charges challenged his appellate counsel's failure to argue that the trial court's jury instruction on justifiable use of force was erroneous. The Fourth District Court of Appeal agreed that the instruction was circular and
• Franco v. State
  901 So. 2d 901· Fla. 4th DCA· 2005-04-20 ·cited 13×
  Franco petitioned for a writ of habeas corpus claiming appellate counsel was ineffective for failing to raise fundamental error regarding jury instructions on justifiable and excusable homicide. The Fourth District held that fundamental error did not occur because the jury was fu
• Graham v. Jenne
  837 So. 2d 554· Fla. 4th DCA· 2003-02-12 ·cited 13×·via Writ Of Habeas Corpus
  Bobby Graham, a deaf mute with limited sign language skills, was found incompetent to proceed to trial on burglary charges and committed to the Department of Children and Families for restoration of competency. The Florida Fourth District Court of Appeal granted his habeas corpus
• Washington v. State
  835 So. 2d 1083· Fla.· 2002-11-14 ·cited 13×
  Anthony Neal Washington appeals the denial of his Rule 3.850 postconviction relief motion challenging his death sentence for the 1989 murder of Alice Berdat. The Florida Supreme Court affirmed the circuit court's denial, finding no ineffective assistance of counsel at either the
• Young v. Moore
  820 So. 2d 901· Fla.· 2002-05-30 ·cited 13×
  Chad Young petitioned for habeas corpus challenging the Department of Corrections' calculation of his gain time credits using a 1997 statute when he was sentenced under 1991 guidelines. The Florida Supreme Court denied the petition, holding that the gain time statute applicable a
• Stanley v. Moore
  744 So. 2d 1160· Fla. 1st DCA· 1999-11-01 ·cited 13×
  A prisoner appealed the dismissal of his petition for a writ of mandamus for failure to comply with indigency provisions. The court held that because the petition alleged facts potentially entitling him to immediate release, it should have been treated as a habeas corpus petition
• Parsons v. Wennet
  625 So. 2d 945· Fla. 4th DCA· 1993-10-20 ·cited 13×·via Writ Of Habeas Corpus
  The court held that a civil contempt order cannot be used to compel a witness to admit to perjury, as this constitutes an impermissible use of the court's power and violates constitutional protections against self-incrimination.
• Doyle v. State
  615 So. 2d 278· Fla. 3d DCA· 1993-03-16 ·cited 13×
  A trial court lacks authority to order that a Florida sentence be served concurrently with a federal sentence; such an order is merely a recommendation, and the Department of Corrections has discretion over inmate placement under Florida Statutes section 921.16(2).
• Martinez v. Ylst
  951 F.2d 1153· 9th Cir.· 1991-12-24 ·cited 13×·via Habeas Corpus Petition
  The court held that the state waived its right to argue that the trial court's error was not cognizable on federal habeas corpus, and that the error was not harmless beyond a reasonable doubt.
• Jackson v. Dugger
  931 F.2d 712· 11th Cir.· 1991-04-29 ·cited 13×
  The court held that while the district court correctly denied relief on claims related to the convictions, it erred in finding the Hitchcock violation harmless regarding the death sentence.
• Jones v. State OF Ark.
  929 F.2d 375· 8th Cir.· 1991-03-27 ·cited 13×
  Sentencing a defendant under a habitual offender statute that was not in effect at the time of the offense and by its own terms does not apply to the defendant violates the ex post facto clause of the Constitution, denying due process.
• Tiller v. Esposito
  911 F.2d 575· 11th Cir.· 1990-09-10 ·cited 13×
  The court held that the state trial court violated Tiller's procedural due process rights by failing to hold a competency hearing when presented with substantial evidence of his mental incompetence.
• Glumb v. Honsted
  891 F.2d 872· 11th Cir.· 1990-01-09 ·cited 13×
  The court held that a defective hearing tape does not fatally flaw a parole revocation proceeding, and a written hearing summary is sufficient for review.
• Vargas v. United States Parole Comm'n
  865 F.2d 191· 9th Cir.· 1988-12-22 ·cited 13×·via Habeas Corpus Petition
  The court held that the Commission violated regulations by failing to conduct the revocation hearing within the statutory time period, but affirmed the denial of the habeas petition on other grounds, remanding only the issue of notice.
• Louie Gattis v. Fla. Parole & Prob. Comm'n
  535 So. 2d 640· Fla. 1st DCA· 1988-12-15 ·cited 13×
  The court held that the statutes allowing the Parole Commission to consider a sentencing judge's objection to parole release and extend an inmate's presumptive parole release date do not violate the separation of powers or ex post facto clauses of the Florida Constitution.