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
-
The dissenting judge believes the majority erred in reversing the district court's denial of the habeas corpus petition, finding the possibility of prejudice too speculative.
-
528 F.2d 1050·
5th Cir.·
1976-03-18
·cited 72×
A federal court's judicial review of a parole release decision is narrowly limited, and habeas corpus is not available unless the prisoner demonstrates that the parole board's action is so unlawful as to make his custody illegal.
-
443 F.2d 634·
5th Cir.·
1971-04-15
·cited 72×
A defendant's counsel's belief that a motion for change of attire would be frivolous does not constitute a voluntary waiver of the right to object to being tried in jail clothes.
-
438 F.2d 1075·
5th Cir.·
1971-01-21
·cited 72×
A voluntary guilty plea waives non-jurisdictional defects, but a plea induced by ineffective assistance of counsel is involuntary and can be challenged. Statistical evidence of racial disparity in grand jury selection can establish a prima facie case of discrimination.
-
346 F.2d 73·
9th Cir.·
1965-05-26
·cited 72×
The court held that a habeas petitioner is bound by his counsel's deliberate strategic decision to bypass state procedural rules, even if the petitioner disagreed with the decision, absent bad faith or incompetence.
-
A voluntary guilty plea, entered with the advice of competent counsel, waives all non-jurisdictional defects, including alleged constitutional violations that did not causally lead to the conviction.
-
Harlis Sellers was convicted in Jacksonville Municipal Court of driving under the influence in violation of a city ordinance and sentenced to 30 days imprisonment. On habeas corpus, the Florida Supreme Court upheld the conviction and sentence, rejecting constitutional challenges
-
The Florida Supreme Court upheld a conviction for failure to pay a municipal license tax imposed under a 1911 statute, rejecting a constitutional challenge that the act violated the single-subject rule by including license tax provisions when the title referenced only property ta
-
Death penalty case in which a prisoner challenges his 1991 convictions and death sentences for a 1988 triple homicide at a Domino's Pizza restaurant. The Florida Supreme Court affirmed the lower court's denial of postconviction relief, rejecting claims based on discredited compar
-
George Wallace Brown appeals the denial of his Rule 3.850 postconviction motion and habeas petition following his conviction for first-degree murder and armed robbery and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, rejecti
-
The court held that the evidence was sufficient to support the convictions and that the petitioner did not receive ineffective assistance of counsel or make involuntary statements.
-
596 F.2d 1214·
5th Cir.·
1979-06-13
·cited 71×
The court held that defense attorneys' failure to investigate and develop potential insanity defense evidence constituted ineffective assistance of counsel.
-
370 So. 2d 3·
Fla.·
1979-03-22
·cited 71×
The Florida Supreme Court reversed a circuit court's decision striking down section 400.17(2)(a), which criminalizes the solicitation, offer, or receipt of bribes in connection with nursing home services. The Court held that the statute is not unconstitutionally vague because it
-
The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
-
This case reviews a petitioner's appeal of a habeas corpus denial. The appellate court affirmed the lower court's decision because the bill of exceptions, which contained the evidence and proceedings from the hearing, was not properly certified within the required timeframe after
-
98 So. 3d 44·
Fla.·
2012-05-17
·cited 70×
Terance Valentine appeals the denial of his Rule 3.850 motion to vacate his first-degree murder conviction and death sentence for killing Ferdinand Porche in 1988, and petitions for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial of all postconvic
-
David Alan Gore challenges his death sentence for the 1983 murder of Lynn Elliott through a post-conviction motion and habeas petition. The Florida Supreme Court affirms the denial of post-conviction relief, rejecting claims of prosecutorial misconduct, ineffective assistance of
-
Gary Lawrence, a death row inmate, appeals the denial of his Rule 3.850 postconviction motion and habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding that Lawrence's claims of ineffective assistance of counsel and appellate couns
-
-
514 So. 2d 354·
Fla.·
1987-09-24
·cited 70×
Amos Lee King, Jr. appeals his death sentence imposed after resentencing ordered by the Eleventh Circuit due to ineffective assistance of counsel at the penalty phase. The Florida Supreme Court affirms the death sentence, addressing King's claims regarding jury composition, evide
-
A criminal defendant is deprived of effective assistance of counsel when their attorney admits the client's guilt to the jury without first obtaining the client's consent to this strategy.
-
The court held that the petitioner's claims of prosecutorial misconduct and improper identification procedures did not rise to the level of constitutional error denying a fair trial.
-
A state prisoner must exhaust state remedies for issues arising from new Supreme Court decisions before seeking federal habeas corpus relief.
-
John Freund was convicted of first-degree murder for stabbing Ralph Walker to death in 1984 and sentenced to life imprisonment. Freund challenged his conviction on habeas corpus, alleging that his trial counsel at the law firm Foley, Colton and Duncan labored under conflicts of i
-
Pedro Medina, a death row inmate, petitioned for a writ of habeas corpus challenging his murder conviction and death sentence. The Florida Supreme Court denied the petition, finding that most issues were procedurally barred because they had been raised or could have been raised o
-
883 F.2d 1503·
11th Cir.·
1989-08-31
·cited 69×
The court held that the district court did not abuse its discretion in denying an evidentiary hearing on the ineffective assistance of counsel claim, and that counsel's performance was not deficient under the Sixth Amendment.
-
398 F.2d 111·
8th Cir.·
1968-06-27
·cited 69×
-
Andrew Lukehart was convicted of first-degree murder for killing a five-month-old infant and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence in this postconviction appeal and habeas petition, rejecting numerous claims of ineffective assist
-
54 So. 3d 464·
Fla.·
2010-10-14
·cited 68×
Paul Everett appeals the denial of his motion for postconviction relief and habeas corpus petition in a death penalty case for the 2001 murder, sexual battery, and burglary of Kelly M. Bailey. The Florida Supreme Court affirmed the conviction and death sentence, rejecting all cla
-
878 So. 2d 368·
Fla.·
2004-05-20
·cited 68×
Robert Patton appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus review following his conviction for first-degree murder and death sentence in the 1981 shooting death of a Miami police officer. The Florida Supreme C
-
Marvin Edwin Johnson, a Florida death row inmate, appealed the district court's denial of his second federal habeas corpus petition challenging his death sentence for a 1978 pharmacy robbery and murder. The panel majority had concluded Johnson was entitled to an evidentiary heari
-
569 So. 2d 1264·
Fla.·
1990-11-14
·cited 68×
Roy Swafford, a death row inmate, petitioned for habeas corpus and appealed the denial of his postconviction motion, raising claims of ineffective assistance of counsel, Brady violations, improper victim impact evidence, and instructional error. The Florida Supreme Court rejected
-
The court held that the district court abused its discretion by finding the petitioner's Caldwell claim procedurally barred, as the legal basis for the claim was not reasonably available at the time of the petitioner's procedural default.
-
784 F.2d 1479·
11th Cir.·
1986-03-05
·cited 68×
The court held that the trial court did not commit constitutional error by failing to personally question a juror before excusing him due to illness, nor by failing to instruct the jury to begin deliberations anew after substituting an alternate juror. The court also found that t
-
529 F.2d 437·
5th Cir.·
1976-03-24
·cited 68×
A prior conviction obtained without counsel at sentencing, where probation was a real probability, cannot be used for mandatory sentence enhancement under Texas law.
-
424 F.2d 1166·
9th Cir.·
1970-04-16
·cited 68×
-
The court held that the district court properly denied the habeas corpus petition without an evidentiary hearing.
-
The court held that the allegations in the petition, if true, demonstrate that the petitioner was denied a fair trial and that the lower court erred in denying a hearing.
-
44 So. 3d 156·
Fla. 4th DCA·
2010-08-18
·cited 66×
Rodney McCutcheon, a serial postconviction filer with at least 50 cases in this court since his 1972 sexual battery conviction, appeals the denial of five consolidated postconviction motions and habeas corpus petitions challenging various convictions and the jurisdiction of state
-
732 So. 2d 1059·
Fla.·
1999-04-08
·cited 66×
Kenneth Quince, sentenced to death for first-degree felony murder and burglary, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his trial counsel Howard Pearl had an undisclosed conflict of interest due to his concurrent servi
-
727 So. 2d 236·
Fla.·
1998-12-24
·cited 66×
Cleo LeCroy, convicted of two murders committed during a 1981 robbery and sentenced to death, appeals the denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus. The Florida Supreme Court affirms the denial of post-convicti
-
Ernest Charles Downs was convicted of first-degree murder and conspiracy in 1977 and sentenced to death. After this Court granted relief based on a substantial change in law (Hitchcock v. Dugger), Downs was resentenced in 1989, and the trial court reimposed the death sentence fol
-
A state court's per curiam affirmance of a lower court's decision explicitly based on procedural default constitutes a clear and express statement of reliance on an independent and adequate state ground, barring federal habeas review.
-
The court held that the district court erred in placing the burden on the defendant to prove entitlement to qualified immunity and in treating the legal question of whether the law was clearly established as a material issue of fact.
-
James McCrae appeals the denial of his Rule 3.850 post-conviction relief motion following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms the denial of most ineffective assistance of counsel claims but reverses and remands for resenten
-
The court held that the trial court's refusal to grant a change of venue denied the petitioner due process of law.
-
The court affirmed the denial of habeas corpus relief, holding that the petitioner's claims lacked constitutional merit or were procedurally barred.
-
Joint representation of co-defendants with conflicting interests, without an on-the-record inquiry by the court, constitutes ineffective assistance of counsel violating the Sixth Amendment, even if the attorney was privately retained.
-
The court held that facts alleged by the appellant, if proven, entitle him to credit on his federal sentence for time spent in state custody due to a federal detainer. The denial of the habeas petition is affirmed.
-
356 F.2d 82·
5th Cir.·
1966-01-31
·cited 66×
The court held that the record was inadequate to show that the defendant's guilty plea was voluntary, given the illegal confession and plea bargain.