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

• Davis v. Lansing
  851 F.2d 72· 2d Cir.· 1988-06-30 ·cited 13×
  The court held that federal courts should abstain from interfering with pending state criminal prosecutions absent a showing of great and immediate irreparable harm or prosecutorial bad faith.
• Streetman v. Lynaugh
  835 F.2d 1519· 5th Cir.· 1988-01-06 ·cited 13×·via Habeas Corpus Petition
  The court denied the application for a certificate of probable cause and a stay of execution, finding the claims either foreclosed by precedent, barred by procedural default, or previously denied.
• Lewis v. Lane
  832 F.2d 1446· 7th Cir.· 1987-11-04 ·cited 13×
  The court affirmed the district court's grant of habeas corpus vacating the death sentence due to ineffective assistance of counsel during the sentencing phase, but affirmed the denial of relief regarding the conviction.
• Zimmerlee v. J.C. Keeney
  831 F.2d 183· 9th Cir.· 1987-10-27 ·cited 13×
  The court held that the prisoner was denied due process in a prison disciplinary proceeding.
• Turner v. Compoy
  827 F.2d 526· 9th Cir.· 1987-09-03 ·cited 13×
  A state prisoner is presumed to have exhausted state remedies when the state's highest court denies a hearing without citation or comment, even if the state court has expressed a preference for habeas corpus review of certain claims.
• Johnstone v. Kelly
  808 F.2d 214· 2d Cir.· 1986-12-24 ·cited 13×·via Writ Of Habeas Corpus
  Denial of a defendant's Sixth Amendment right to self-representation is not subject to harmless error analysis and requires automatic reversal.
• Alton D. Brown v. Louie L. Wainwright
  498 So. 2d 679· Fla. 1st DCA· 1986-12-15 ·cited 13×
  Brown appealed the denial of his habeas corpus petition challenging the calculation of his gain-time credits and release date across three consecutive sentences. The court affirmed the denial, holding that the petition lacked sufficient factual allegations and that habeas corpus
• Spillers v. A.L. Lockhart
  802 F.2d 1007· 8th Cir.· 1986-09-30 ·cited 13×·via Habeas Corpus Petition
  The court held that the district court did not err in denying the petition for habeas corpus, as the appellant's claims were either conclusory, failed to demonstrate prejudice, or were barred from review.
• The United States v. Golden
  795 F.2d 19· 3d Cir.· 1986-07-11 ·cited 13×·via Writ Of Habeas Corpus
  The court held that a sentence permitting a defendant to self-report at an unspecified time is illegal and requires resentencing. The court also held that the government did not breach the plea agreement by not equating the Witness Protection Program with incarceration.
• Tucker v. Kemp
  776 F.2d 1487· 11th Cir.· 1985-11-07 ·cited 13×·via Habeas Corpus Petition
  The court held that Tucker's trial counsel was not ineffective at sentencing and that the district court did not err in denying an evidentiary hearing.
• Carter v. Procunier
  755 F.2d 1126· 5th Cir.· 1985-03-22 ·cited 13×·via Habeas Corpus Petition
  The court held that the petitioner was 'in custody' for habeas corpus purposes and that his claim was not moot, as collateral consequences could still arise from the challenged conviction.
• Huffman v. Ricketts
  750 F.2d 798· 9th Cir.· 1984-12-28 ·cited 13×·via Habeas Corpus Petition
  The court held that the Arizona Court of Appeals did not apply a procedural bar when it addressed the merits of Huffman's federal constitutional claim, and that the jury instructions, when viewed as a whole, did not create an unconstitutional presumption that shifted the burden o
• Rocco Messina and Charles J. Arico v. United States
  728 F.2d 77· 2d Cir.· 1984-02-07 ·cited 13×·via Writ Of Habeas Corpus
  The court held that the alleged offenses were covered by the extradition treaty and sufficient evidence warranted a finding of probable cause for extradition.
• Salome Bara Arnbjornsdottir-Mendler v. United States
  721 F.2d 679· 9th Cir.· 1983-12-08 ·cited 13×
  The court held that a valid extradition treaty exists between the U.S. and Iceland, and that potential maltreatment in the requesting country is a matter for the executive branch, not the judiciary.
• In re Extradition of Sven Ulf Ingemar Assarsson
  687 F.2d 1157· 8th Cir.· 1982-08-27 ·cited 13×
  The court affirmed the denial of habeas corpus relief, holding that the appellant was extraditable as the statute of limitations was tolled by his fugitive status and the treaty allows extradition for extraterritorial offenses at the executive's discretion.
• Sellers v. Estelle
  651 F.2d 1074· 5th Cir.· 1981-07-27 ·cited 13×·via Application For Writ Of Habeas Corpus
  The court held that the prosecution's suppression of evidence favorable to the accused, if material, violates due process, and remanded for an evidentiary hearing to determine if such evidence was withheld.
• Cambel Lee Spikes v. United States
  633 F.2d 144· 9th Cir.· 1980-10-08 ·cited 13×·via Habeas Corpus Petition
  The court held that the trial court did not err in denying a hearing on Spikes' motion for post-conviction relief, as the record conclusively showed he was competent to plead guilty.
• Filomeno Sotelo Mondragon v. Ilchert
  653 F.2d 1254· 9th Cir.· 1980-01-25 ·cited 13×
  The court held that a district court has jurisdiction to review the denial of discretionary relief in a deportation proceeding when the review is sought via a habeas corpus petition.
• Babson v. Louie L. Wainwright
  376 So. 2d 1187· Fla. 5th DCA· 1979-10-17 ·cited 13×
  Billy Ray Babson sought belated appellate review of his 1965 second-degree murder conviction, claiming he never had an appeal because his court-appointed counsel initially discouraged him from appealing and later filed notices of appeal that were dismissed after the Florida Supre
• R. J. K. v. State
  375 So. 2d 871· Fla. 1st DCA· 1979-10-11 ·cited 13×·via Writ Of Habeas Corpus
• Carmine Galante v. The Warden
  573 F.2d 707· 2d Cir.· 1977-12-09 ·cited 13×
  The court held that a mandatory releasee has no constitutional right to bail pending a parole revocation hearing and that the Commission has discretion in its procedures.
• Galanis v. Ermen Pallanck
  568 F.2d 234· 2d Cir.· 1977-11-22 ·cited 13×
  The court held that the double jeopardy clause of the 1971 extradition treaty applies to proceedings initiated after its ratification, even if the offense occurred prior to its effective date.
• George R. Caesar, M.D. v. Mountanos
  542 F.2d 1064· 9th Cir.· 1976-09-13 ·cited 13×·via Habeas Corpus Petition
  The court held that compelling disclosure of confidential psychotherapist-patient communications, as interpreted by California Evidence Code Section 1016 in Lifschutz, impermissibly encroaches upon a patient's constitutional right of privacy.
• Sven Pete Tiitsman v. Black
  536 F.2d 678· 6th Cir.· 1976-06-10 ·cited 13×
  The court held that a probation revocation for criminal conduct does not violate due process, even if the probationer was unaware of their probationary status or its conditions, as long as the conduct itself is inherently unlawful.
• Clay v. Henderson
  524 F.2d 921· 5th Cir.· 1975-12-12 ·cited 13×·via Petition For Habeas Corpus Relief
  The court held that the appellant's release was a parole, not a transfer, and therefore the parole board retained jurisdiction over him.
• Bjerkan v. United States
  529 F.2d 125· 7th Cir.· 1975-11-18 ·cited 13×·via Habeas Corpus Petition
  A presidential pardon restores all federal and state civil rights, rendering a habeas corpus appeal moot if the only remaining issues are collateral consequences of the conviction.
• Baker v. Hocker
  496 F.2d 615· 9th Cir.· 1974-05-06 ·cited 13×·via Writ Of Habeas Corpus
  The court held that the preliminary hearing identification procedure was not impermissibly suggestive and did not violate due process.
• Anderson v. Beto
  469 F.2d 1076· 5th Cir.· 1972-11-27 ·cited 13×·via Habeas Corpus Petition
  The district court failed to follow the appellate court's mandate to determine if state remedies were exhausted before ordering the state to hold an evidentiary hearing.
• United States ex rel. Roney R. Nunes v. Nelson
  467 F.2d 1380· 9th Cir.· 1972-10-02 ·cited 13×·via Habeas Corpus Petition
  The court held that a state prisoner is not entitled to a discovery order to aid in preparing a future habeas corpus petition, and claims regarding conditions of imprisonment are moot if the prisoner is no longer in custody.
• Carlson v. Nelson
  443 F.2d 21· 9th Cir.· 1971-05-14 ·cited 13×
  The Ninth Circuit held that joint representation of co-defendants does not require relief unless an actual conflict of interest is demonstrated, not merely speculated upon.
• State of Fla. ex rel. Philip S. Shailer v. Hon. Stephen R. Booher
  241 So. 2d 720· Fla. 4th DCA· 1970-12-11 ·cited 13×·via Writ Of Habeas Corpus
  The State Attorney sought a writ of prohibition to prevent a circuit judge from enforcing a peremptory writ of habeas corpus that ordered a preliminary hearing for a defendant arrested after an information was filed. The court denied the writ, holding that prohibition was an impr
• Cleveland Hollingshead v. Louie L. Wainwright
  423 F.2d 1059· 5th Cir.· 1970-04-28 ·cited 13×
  A federal district court must conduct a hearing if material facts were not adequately developed at the state court hearing, especially concerning claims of ineffective assistance of counsel.
• Harper v. State
  201 So. 2d 65· Fla.· 1967-07-10 ·cited 13×·via Habeas Corpus Petition
  The trial court abused its discretion by refusing to appoint counsel for an indigent defendant at a hearing on a motion for a new trial and a Rule 1 motion, as these are critical stages where assistance of counsel is essential for a fair presentation of claims.
• United States ex rel. Murray Dickerson v. Rundle
  363 F.2d 126· 3d Cir.· 1966-07-19 ·cited 13×·via Habeas Corpus Petition
  The court held that while the retroactivity of Miranda and Escobedo did not apply, the defendant was entitled to a separate hearing on the voluntariness of his confession under Jackson v. Denno, which is retroactive.
• United States ex rel. Norman S. Maisenhelder v. Rundle
  349 F.2d 592· 3d Cir.· 1965-08-25 ·cited 13×
  The court held that the appellant was not denied due process by pleading guilty to murder at a preliminary hearing without counsel, as he later pled guilty with counsel after ample opportunity to prepare.
• United States ex rel. Emilio Martinez-Angosto v. Redfield Mason
  344 F.2d 673· 2d Cir.· 1965-04-07 ·cited 13×
  The court held that neither the INS nor the Navy had lawful authority to arrest and detain Martinez-Angosto under the 1903 Treaty with Spain, violating his Fifth Amendment due process rights.
• Lamb v. Heritage
  310 F.2d 71· 5th Cir.· 1962-11-23 ·cited 13×·via Habeas Corpus Petition
  A federal sentence does not commence until the defendant is received at the designated facility for service, even if a state sentence is served concurrently or if the defendant is in state custody.
• Burdette v. Settle
  296 F.2d 687· 8th Cir.· 1961-12-06 ·cited 13×
  The court held that the petitioner had not exhausted his remedies in the sentencing court, and the trial court correctly dismissed his habeas corpus petition without a hearing.
• Hitson v. Mayo
  82 So. 2d 591· Fla.· 1955-09-28 ·cited 13×·via Writ Of Habeas Corpus
  Petitioner Hitson sought habeas corpus relief, claiming his five-year sentence was void because it was imposed under the wrong criminal statute. The Florida Supreme Court held that the application was premature because the sentence was imposed to run consecutive to his existing s
• In re Kiwanis Jones
  830 F.3d 1295· 11th Cir.· 2016-07-27 ·cited 12×·via Habeas Corpus Petition
  The Eleventh Circuit held that a second or successive request for authorization to file a habeas corpus petition can be considered even if it raises the same claim as a previously denied request. The court found that the plain language of 28 U.S.C. § 2244(b)(1) refers to the subs
• Chance Dawkins v. State
  170 So. 3d 81· Fla. 3d DCA· 2015-06-17 ·cited 12×
  Chance Dawkins sought habeas relief claiming ineffective assistance of appellate counsel for failing to move for rehearing after his second-degree murder conviction based on newly announced precedent in Haygood v. State. The Third District Court of Appeal denied the petition, fin
• Holland v. State
  775 F.3d 1294· 11th Cir.· 2014-12-29 ·cited 12×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Albert Holland was convicted of murdering police officer Scott Winters and sentenced to death. Holland, who suffered serious mental illness including schizophrenia and a prior brain injury, repeatedly requested to represent himself before trial, but the trial court denied these r
• Jacobs v. State
  162 So. 3d 29· Fla. 4th DCA· 2014-05-21 ·cited 12×
  Jimmy J. Jacobs, a prisoner serving a life sentence for carjacking and robbery with a firearm, filed numerous successive and frivolous pro se postconviction challenges. The Fourth District Court of Appeal affirmed the trial court's previous orders striking his filings, imposed sa
• van Poyck v. State
  116 So. 3d 347· Fla.· 2013-06-06 ·cited 12×·via Writ Of Habeas Corpus
  William Van Poyck, a death row inmate, appealed the dismissal of his third successive postconviction motion and sought habeas relief, challenging his 1987 first-degree murder conviction and death sentence for the killing of correctional officer Fred Griffis during a prison escape
• Taylor v. State
  87 So. 3d 749· Fla.· 2012-03-08 ·cited 12×
  William Kenneth Taylor, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.851 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assista
• Hodges v. State
  64 So. 3d 142· Fla. 5th DCA· 2011-06-10 ·cited 12×
  Willie Hodges, convicted of attempted second-degree murder, petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise a fundamental error claim regarding an attempted manslaughter jury instruction that included an intent-to-k
• Grossman v. State
  29 So. 3d 1034· Fla.· 2010-02-08 ·cited 12×
  Martin Grossman, convicted of murdering Wildlife Officer Margaret Park in 1984 and sentenced to death, appeals the summary denial of his third successive motion for postconviction relief filed after a death warrant was signed. The Florida Supreme Court affirms the denial, finding
• Kendrick v. McNEIL
  6 So. 3d 657· Fla. 1st DCA· 2009-03-05 ·cited 12×·via Habeas Corpus Petition
  Kendrick, an inmate placed in close management status, sought habeas corpus relief but the circuit court improperly converted his petition to mandamus and assessed a filing fee. The appellate court held that inmates challenging close management placement may proceed via habeas co
• Harper v. State
  955 So. 2d 617· Fla. 5th DCA· 2007-04-27 ·cited 12×·via Habeas Corpus Petition
  James Harper challenged the denial of his habeas corpus petition challenging his conviction for a probation violation based on an amended affidavit filed after his probation expired. The court affirmed the denial, holding that the amended Florida statute tolling the probationary
• Thompson v. State
  945 So. 2d 627· Fla. 4th DCA· 2006-12-27 ·cited 12×
  Thompson challenges his eleven-year sentence imposed after revocation of youthful offender probation for cannabis possession, arguing the trial judge violated Apprendi by exceeding the six-year statutory cap through factual findings. The Fourth District affirms, holding that the