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

• Cooper v. Fla. Parole Comm'n
  924 So. 2d 966· Fla. 4th DCA· 2006-04-05 ·cited 12×
  The trial court properly denied the petition as untimely, but erred in imposing a lien on the inmate trust account for filing fees.
• Hill v. Crosby
  437 F.3d 1084· 11th Cir.· 2006-01-24 ·cited 12×·via Habeas Corpus Petition
  The Eleventh Circuit denied Hill's application for a stay of execution, holding that his § 1983 suit challenging lethal injection as cruel and unusual punishment was the functional equivalent of a successive habeas petition requiring prior court approval under 28 U.S.C. § 2244(b)
• Aqwan Griffith v. State
  914 So. 2d 1053· Fla. 5th DCA· 2005-11-23 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the state's failure to file a motion for pretrial detention requires a hearing on conditions of release.
• W.C. v. Smith
  898 So. 2d 1137· Fla. 1st DCA· 2005-03-31 ·cited 12×·via Writ Of Habeas Corpus
  A juvenile is entitled to habeas corpus relief if not afforded due process rights in an indirect criminal contempt proceeding.
• Bruce v. State
  879 So. 2d 686· Fla. 4th DCA· 2004-08-11 ·cited 12×
  The court held that appellate counsel's failure to raise the issue of a fundamentally erroneous jury instruction on burglary constituted ineffective assistance, warranting a new trial.
• D. G. v. Adonis Miles
  872 So. 2d 343· Fla. 2d DCA· 2004-04-16 ·cited 12×
  A juvenile petitioner challenged his placement in secure detention after a trial court impermissibly double-scored his probationary status on the risk assessment instrument (RAI). The appellate court granted the habeas corpus petition, holding that double scoring for circumstance
• Bryant v. State
  851 So. 2d 823· Fla. 2d DCA· 2003-07-30 ·cited 12×·via Writ Of Habeas Corpus
  The court held that conduct occurring outside the courtroom, even if heard by the judge, does not constitute direct criminal contempt if it was not in the judge's actual presence and not directed at the proceedings.
• M.P. v. Gardner
  838 So. 2d 711· Fla. 4th DCA· 2003-03-12 ·cited 12×
  M.P., a juvenile detained in secure custody pending trial for failure to appear, sought habeas corpus relief after the trial court departed from a risk assessment instrument (RAI) that qualified him for nonsecure detention. The Fourth District held that the trial court's written
• Cherry v. Moore
  829 So. 2d 873· Fla.· 2002-10-03 ·cited 12×
  Roger Lee Cherry, convicted of two 1986 murders and sentenced to death for one victim, petitions for a writ of habeas corpus attacking his appellate counsel's effectiveness. The Florida Supreme Court denies the petition, finding his claims either procedurally barred as previously
• Asay v. Moore
  828 So. 2d 985· Fla.· 2002-06-13 ·cited 12×
  Mark James Asay petitioned the Florida Supreme Court for habeas corpus relief following his death sentence conviction for two murders. The court denied all of Asay's claims, which primarily challenged the effectiveness of his appellate counsel and the constitutionality of Florida
• McLEVY v. State
  787 So. 2d 194· Fla. 1st DCA· 2001-05-15 ·cited 12×
• Gillard v. Fla. Parole Comm'n
  784 So. 2d 1214· Fla. 1st DCA· 2001-04-17 ·cited 12×
  The court granted certiorari and quashed the lower court's denial of mandamus, holding that a prisoner challenging parole revocation must file habeas corpus in the county where incarcerated, not in Leon County, which lacked territorial jurisdiction.
• A.S. v. Byrd
  777 So. 2d 1171· Fla. 4th DCA· 2001-02-14 ·cited 12×
  A juvenile petitioner challenges a home detention order and electronic monitoring condition imposed after her no-contest plea to petty theft. The Florida appellate court granted the petition to quash the home detention order because the trial court failed to conduct a risk assess
• Salow v. State
  766 So. 2d 1222· Fla. 5th DCA· 2000-09-22 ·cited 12×
  A Florida appellate court granted a writ of certiorari to a petitioner seeking habeas corpus relief for gain time credits, finding that the trial court improperly denied the petition before the petitioner had an opportunity to file his authorized reply brief.
• Valdez v. Moore
  745 So. 2d 1009· Fla. 4th DCA· 1999-09-30 ·cited 12×
  Detaining individuals as sexually violent predators after they have completed their sentences, without an adversarial probable cause hearing, violates their due process rights.
• Kasim ALI v. State
  729 So. 2d 963· Fla. 3d DCA· 1999-02-24 ·cited 12×
  In this post-conviction proceeding arising from a 1983 conviction, the petitioner seeks habeas corpus relief based on claims of ineffective assistance of appellate counsel. The court denies the petition and imposes sanctions against the petitioner for serially filing successive p
• Huffman v. Singletary
  696 So. 2d 788· Fla. 2d DCA· 1997-01-29 ·cited 12×
  The Florida District Court of Appeal denied David Huffman's petition for writ of habeas corpus alleging ineffective appellate counsel. The court reaffirmed its previous order prohibiting any further pro se attacks on his 1986 convictions and sentences, citing abuse of the right o
• Ferrer v. Manning
  682 So. 2d 659· Fla. 3d DCA· 1996-11-06 ·cited 12×·via Writ Of Habeas Corpus
  Ferrer petitions for habeas corpus relief, claiming his appellate counsel was ineffective for failing to raise that the trial judge's absence during jury testimony readback was fundamental error. The court grants the petition, finding counsel's omission fell outside the range of
• Alphonso Cave v. Singletary
  84 F.3d 1350· 11th Cir.· 1996-05-22 ·cited 12×·via Habeas Corpus Petition
  The State failed to resentence the petitioner within the 90-day period mandated by a habeas order, and its failure to challenge the form of the habeas relief in a prior appeal means the order, including the conditional life sentence, must be enforced. The State's arguments regard
• Swafford v. State
  636 So. 2d 1309· Fla.· 1994-04-07 ·cited 12×
  Roy Swafford, a death row inmate, appealed the denial of his second motion for postconviction relief under Rule 3.850, challenging his conviction and death sentence for first-degree murder and sexual battery. The Florida Supreme Court affirmed the trial court's summary denial, fi
• Elisha Gilbert v. Singletary
  632 So. 2d 1104· Fla. 4th DCA· 1994-03-02 ·cited 12×
  Elisha Gilbert, convicted of grand theft auto and sentenced as a habitual felony offender, filed a pro se petition for writ of habeas corpus while simultaneously represented by counsel on direct appeal. The court denied the petition, holding that habeas corpus is a collateral rem
• Sims v. Singletary
  622 So. 2d 980· Fla.· 1993-06-24 ·cited 12×·via Writ Of Habeas Corpus
  Terry Melvin Sims, a death row inmate, petitioned for habeas corpus relief raising eight challenges to his conviction and death sentence. The Florida Supreme Court dismissed most claims as procedurally barred and rejected Sims' remaining arguments regarding aggravating factors an
• Mills v. Singletary
  606 So. 2d 622· Fla.· 1992-10-22 ·cited 12×·via Writ Of Habeas Corpus
  Gregory Mills, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, raising claims about inadequate harmless error analysis and the constitutionality of the felony-murder aggravator. The court denied the petition on procedural grounds, holding tha
• Wiley v. Puckett
  969 F.2d 86· 5th Cir.· 1992-07-20 ·cited 12×
  The court held that the Mississippi Supreme Court's prior affirmation of the death sentence, based on a vague aggravating circumstance without proper reweighing or harmless error analysis, violated the Eighth Amendment. The court vacated the district court's judgment and directed
• Mills v. Taylor
  967 F.2d 1397· 9th Cir.· 1992-06-26 ·cited 12×
  The court held that 'official detention' under 18 U.S.C. § 3585(b) is synonymous with 'custody' under the prior statute, and thus includes time spent in a community treatment center awaiting sentencing.
• Lufkins v. Leapley
  965 F.2d 1477· 8th Cir.· 1992-05-07 ·cited 12×·via Habeas Corpus Petition
  The admission of witness statements, even if their cross-examination was ineffective, was harmless error beyond a reasonable doubt because the defendant's confession and other corroborating evidence were overwhelming.
• S.J. v. State
  596 So. 2d 1181· Fla. 5th DCA· 1992-04-03 ·cited 12×
  Two juveniles challenged their detention pending adjudicatory hearings, arguing that detention based solely on failure to appear at arraignment and resulting contempt charges violated Florida law when they did not meet the statutory detention criteria. The court held that childre
• Cornman v. Armontrout
  959 F.2d 727· 8th Cir.· 1992-03-24 ·cited 12×
  A successive habeas petition constitutes an abuse of the writ and the court need not reach the merits of the claims if the petitioner cannot show cause for failing to raise the claims earlier or a fundamental miscarriage of justice.
• Leonel Torres Herrera v. Collins
  954 F.2d 1029· 5th Cir.· 1992-02-18 ·cited 12×
  The court held that a claim of actual innocence based on newly discovered evidence is not cognizable in federal habeas corpus and that the district court erred in granting a stay of execution for such a claim. The court also vacated the certificate of probable cause for claims fo
• MAY v. Collins
  948 F.2d 162· 5th Cir.· 1992-01-13 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner's Sixth Amendment claim was a reargument of a previously decided Eighth Amendment claim and thus barred as a successive petition. The court denied the certificate of probable cause and dismissed the petition.
• Searcy v. Singletary
  590 So. 2d 1034· Fla. 2d DCA· 1991-12-13 ·cited 12×
  Edgar Searcy, an inmate convicted of sexual offenses, challenged the Department of Corrections' denial of provisional credits (gain time) under Florida law. The court reversed the lower court's decision, finding that the circuit court applied an outdated version of the statute an
• Puiatti v. Dugger
  589 So. 2d 231· Fla.· 1991-10-03 ·cited 12×
  Carl Puiatti, convicted and sentenced to death for kidnapping, robbery, and first-degree murder, appealed the trial court's denial of his rule 3.850 motion for post-conviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of
• Harris v. Champion
  938 F.2d 1062· 10th Cir.· 1991-06-17 ·cited 12×·via Habeas Corpus Proceedings
  The court modified its previous order to delete the requirement that two specific cases be consolidated, but reaffirmed its prior opinion regarding the investigation of constitutional allegations concerning the provision of appellate counsel to indigent defendants.
• Simmons v. State
  579 So. 2d 874· Fla. 1st DCA· 1991-05-23 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the state circuit court correctly denied the defendant's motions for postconviction relief because the available procedural remedies had lapsed or were inapplicable to the claims presented.
• Bush v. Dugger
  579 So. 2d 725· Fla.· 1991-03-28 ·cited 12×
  John Earl Bush, sentenced to death for the 1982 murder of Frances Slater, petitioned for habeas corpus relief on four grounds, including prosecutorial misconduct during penalty phase argument, failure to issue a contemporaneous written sentencing order, improper application of an
• United States v. Lane
  926 F.2d 694· 7th Cir.· 1991-03-08 ·cited 12×·via Habeas Corpus Petition
  The court held that defense counsel's failure to ensure an alibi witness's appearance at trial, despite diligent efforts to locate her, did not constitute constitutionally ineffective assistance of counsel.
• Love v. Jones
  923 F.2d 816· 11th Cir.· 1991-02-08 ·cited 12×
  The court held that the prosecutor's use of peremptory strikes to exclude all black potential jurors violated the Equal Protection Clause under the Swain standard, establishing a prima facie case of discrimination.
• W.N. v. Fryer
  572 So. 2d 24· Fla. 4th DCA· 1990-12-28 ·cited 12×
  The court held that a child cannot be held in secure detention without meeting specific statutory criteria, even if taken into custody on a pickup order for failure to appear.
• Taylor v. Kincheloe
  920 F.2d 599· 9th Cir.· 1990-12-11 ·cited 12×
  The court held that a defendant's voluntary decision to vacate a plea agreement, even after jeopardy has attached, does not bar retrial on the original charges, and that no presumption of vindictiveness arises from the reinstatement of charges or an increased sentence following a
• Rodriguez v. Young
  906 F.2d 1153· 7th Cir.· 1990-07-11 ·cited 12×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding that while counsel's failure to move for suppression of identification testimony was objectively unreasonable, the identification was sufficiently reliable to be admissible, and there was no miscarriage of justi
• Flores v. Meese
  934 F.2d 991· 9th Cir.· 1990-06-20 ·cited 12×·via Habeas Corpus Proceedings
  The dissent argues that the INS regulations unconstitutionally deprive detained alien minors of their liberty, as the majority erred in applying a deferential standard of review and narrowly defining the constitutional right at stake.
• Meliano Diaz v. Henderson
  905 F.2d 652· 2d Cir.· 1990-06-07 ·cited 12×
  While a state prisoner's habeas petition based on a delayed appeal is not automatically mooted by the appeal's eventual hearing, relief is only available if the delay prejudiced the prisoner's due process rights.
• Meadows v. Legursky
  904 F.2d 903· 4th Cir.· 1990-06-01 ·cited 12×
  The court affirmed the dismissal of Acord's petition, finding the state procedural bar adequate and independent, and reversed the grant of habeas relief to Meadows, remanding for dismissal due to failure to exhaust state remedies.
• Hoffman v. Leeke
  903 F.2d 280· 4th Cir.· 1990-05-02 ·cited 12×
  The court held that the defendant was denied his Sixth Amendment right to effective assistance of counsel due to an actual conflict of interest by his attorney, and that the defendant's purported waiver of this right was not knowing and intelligent.
• E.W. v. Brown
  559 So. 2d 712· Fla. 1st DCA· 1990-04-12 ·cited 12×
  The court held that the state must show good cause for the delay in commencing an adjudicatory hearing, not merely rely on the original grounds for detention, to justify extending a juvenile's detention beyond 21 days.
• Turney v. O'Toole
  898 F.2d 1470· 10th Cir.· 1990-03-26 ·cited 12×·via Writ Of Habeas Corpus
  Officials executing a facially valid court order are absolutely immune from liability for the act of confinement, but only qualifiedly immune for the conditions of that confinement.
• Gamble v. Parsons
  898 F.2d 117· 10th Cir.· 1990-03-12 ·cited 12×·via Habeas Corpus Petition
  A habeas petitioner can challenge a current sentence enhanced by a prior, allegedly unconstitutional conviction, even if the prior conviction's sentence has expired.
• Shaykh Matulu Abdurrahman v. Henderson
  897 F.2d 71· 2d Cir.· 1990-02-23 ·cited 12×·via Habeas Corpus Petition
  The court held that the petitioner exhausted his state court remedies by citing Strickland v. Washington in a pro se brief, but his claim of ineffective assistance of appellate counsel was without merit.
• Nunnemaker v. Ylst
  904 F.2d 473· 9th Cir.· 1990-02-21 ·cited 12×
  A state court's summary denial of a habeas petition without clearly stating reliance on a procedural default does not bar federal habeas review of the federal claims. However, a defendant's trial counsel's failure to object to testimony on Fifth and Sixth Amendment grounds, when
• Sterling Horne v. Trickey
  895 F.2d 497· 8th Cir.· 1990-02-06 ·cited 12×
  The court held that appellate counsel's decision not to raise a jury discrimination claim based on the prevailing law at the time was reasonable, and that the prosecutor's rebuttal argument did not impermissibly comment on the defendant's failure to testify.