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. Heikkinen v. Gordon
  190 F.2d 16· 8th Cir.· 1951-06-20 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the Attorney General abused his discretion in rearresting the appellant and refusing to enlarge him on bail, as there was no evidence of menace to public security or conduct inconsistent with his prior bail.
• Buchanan v. O'Brien
  181 F.2d 601· 1st Cir.· 1950-05-02 ·cited 12×
  The court held that the district court did not err in dismissing the petition for a writ of habeas corpus without prejudice, as the petitioner had not yet fully exhausted his state remedies.
• Goodwin v. Smyth
  181 F.2d 498· 4th Cir.· 1950-04-13 ·cited 12×·via Writ Of Habeas Corpus
  The federal court properly denied the writ of habeas corpus because the state courts had already adjudicated the issues and there were no unusual circumstances justifying federal intervention.
• State v. Gene Nelson alias Eugene Nelson
  160 Fla. 744· Fla.· 1948-07-30 ·cited 12×·via Habeas Corpus Proceedings
  The Florida Supreme Court reversed a trial court's quashing of an information charging Gene Nelson as a second offender for sentencing purposes. The Court held that a prosecutor may file a second offender information after a defendant serves a sentence imposed without proper cons
• Farrell v. Lanagan
  166 F.2d 845· 1st Cir.· 1948-03-11 ·cited 12×
  The court held that the petitioner failed to demonstrate a denial of due process or constitutional rights, and thus affirmed the district court's dismissal of the habeas corpus petition.
• Gordon v. Scudder
  163 F.2d 518· 9th Cir.· 1947-08-26 ·cited 12×·via Writ Of Habeas Corpus
  The court held that the appellant had not exhausted his state remedies because he failed to seek certiorari from the U.S. Supreme Court after the California Supreme Court denied his habeas corpus petition without opinion.
• Price v. Johnston
  161 F.2d 705· 9th Cir.· 1947-05-05 ·cited 12×
  The court held that dismissing a habeas corpus petition without a hearing, based on a prior denied petition, constitutes an abuse of discretion when the current petition alleges new grounds.
• United States ex rel. Knupfer v. Watkins
  159 F.2d 675· 2d Cir.· 1947-02-03 ·cited 12×·via Writ Of Habeas Corpus
  The court held that a writ of habeas corpus was not an appropriate remedy to challenge a denaturalization decree when appellate remedies were available and had not been exhausted.
• White v. Pescor
  155 F.2d 902· 8th Cir.· 1946-06-17 ·cited 12×
  The court held that the petitioner was entitled to an opportunity to prove the allegations in his habeas corpus petition, which had been dismissed without a hearing.
• Potter v. Dowd
  146 F.2d 244· 7th Cir.· 1944-12-08 ·cited 12×
  Federal courts should not deny a hearing on habeas corpus petitions alleging denial of federal constitutional rights, even if state remedies exist but are practically unavailable or inadequate.
• Tippitt v. Squier
  145 F.2d 211· 9th Cir.· 1944-09-28 ·cited 12×
  The court held that the appellant's sentence computations were incorrect and that his custody would continue until November 5, 1944.
• Mahoney v. Johnston
  144 F.2d 663· 9th Cir.· 1944-09-05 ·cited 12×
  The court held that the district court properly dismissed the habeas corpus petition because the federal sentence is valid and the issue of concurrency of sentences is not properly before the court in this proceeding.
• Roscoe v. Hunter
  144 F.2d 91· 10th Cir.· 1944-07-24 ·cited 12×
  The court held that the petitioner failed to meet the burden of proof for his claims of coerced guilty plea and denial of counsel, and that the trial court had jurisdiction to modify the original sentence.
• Bridges v. Wixon
  144 F.2d 927· 9th Cir.· 1944-06-26 ·cited 12×·via Habeas Corpus Proceedings
  The court held that there was some evidence to sustain the administrative charges, which is sufficient for review.
• Herzog v. Colpoys
  143 F.2d 137· D.C. Cir.· 1944-05-11 ·cited 12×
  The court held that the appellant had no standing in the District Court because he had not exhausted his remedies in Maryland courts and the Maryland Court of Appeals' decision on the statute's constitutionality was binding.
• Benesch v. Underwood
  132 F.2d 430· 6th Cir.· 1942-12-17 ·cited 12×·via Application For Writ Of Habeas Corpus
  The court held that the appellant's induction was lawful and the draft boards acted fairly, thus denying habeas corpus relief.
• McCLEARY v. Hudspeth
  124 F.2d 445· 10th Cir.· 1941-12-24 ·cited 12×
  The court held that a prisoner discharged on habeas corpus due to an illegal sentence cannot later claim double jeopardy upon resentencing or retrial.
• Boyd v. O'Grady
  121 F.2d 146· 8th Cir.· 1941-06-30 ·cited 12×
  The court held that the federal district court should not have dismissed the habeas corpus petition without a hearing, as the petitioner presented a rare case of peculiar urgency justifying federal intervention.
• Ex Parte: Inga S. Hansen
  120 Fla. 333· Fla.· 1935-07-01 ·cited 12×·via Writ Of Habeas Corpus
  This case establishes that habeas corpus is an appropriate remedy to challenge the propriety of a guardianship over an allegedly insane person, not merely its technical legality. The Florida Supreme Court reversed the circuit court's dismissal, holding that courts should inquire
• State v. Hardie
  114 Fla. 374· Fla.· 1934-03-27 ·cited 12×·via Habeas Corpus Proceedings
  This case concerns whether an accessory before the fact can be sentenced before the principal offender. The court held that while the conviction of the accessory is permissible, sentencing must await the principal's sentencing.
• State v. Hardie
  108 Fla. 437· Fla.· 1933-02-16 ·cited 12×·via Writ Of Habeas Corpus
  Edgar Bennett Davis petitioned the Florida Supreme Court for a writ of habeas corpus after being committed to jail for contempt of court for failure to pay alimony. The Court denied the petition, holding that a Circuit Court's judgment in a prior habeas corpus proceeding is res a
• Ex parte Chesser
  93 Fla. 590· Fla.· 1927-01-01 ·cited 12×·via Writ Of Habeas Corpus
  Rufus Chesser was convicted of first-degree murder and sentenced to death. After exhausting direct appeals, he sought a stay of execution based on claims of post-conviction insanity. The Florida Supreme Court held that inquiries into a convict's sanity after judgment are collater
• Pula v. Dixon
  578 So. 2d 1115· Fla. 1st DCA· 2024-11-13 ·cited 11×
  Wayne Allen Pula appeals the trial court's denial of his habeas corpus petition seeking release from a life sentence for second-degree murder imposed in 1989. The appellate court affirmed the trial court's order and found the appeal frivolous, referring Pula to the Department of
• Davis v. State of Fla. & Leon Davis
  Fla.· 2024-02-01 ·cited 11×·via Writ Of Habeas Corpus
  Leon Davis, Jr. was convicted and sentenced to death for two murders committed during a robbery at a BP gas station in December 2007, and he subsequently challenged his conviction in postconviction proceedings. The Florida Supreme Court affirmed the denial of Davis's postconvicti
• Gaskin v. State of Fla. & Louis B. Gaskin v. Ricky D. Dixon
  361 So. 3d 300· Fla.· 2023-04-06 ·cited 11×·via Writ Of Habeas Corpus
  Louis B. Gaskin, a death row inmate under an active death warrant, appealed the circuit court's summary denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of all relief, finding
• Jackson v. State of Fla. & Kim Jackson v. Ricky D. Dixon
  330 So. 3d 867· Fla.· 2022-06-30 ·cited 11×·via Writ Of Habeas Corpus
  Kim Jackson, convicted and sentenced to death for the murder of Debra Pearce based on DNA and fingerprint evidence, appealed and petitioned for habeas corpus challenging multiple ineffective assistance of trial and appellate counsel claims. The Florida Supreme Court affirmed the
• Lavoris Johnson v. State
  226 So. 3d 908· Fla. 4th DCA· 2017-08-23 ·cited 11×
  Johnson petitioned for habeas corpus alleging ineffective assistance of appellate counsel for failing to raise a motion to suppress issue on direct appeal. Because Johnson's co-defendant Sanchez received relief on the identical suppression issue, the court granted the petition to
• Dane Patrick Abdool v. State
  220 So. 3d 1106· Fla.· 2017-04-06 ·cited 11×
  Dane Patrick Abdool appeals the denial of his motion to vacate his first-degree murder conviction and death sentence. The Florida Supreme Court affirms the conviction and denial of postconviction guilt-phase claims but vacates the death sentence and remands for a new penalty phas
• Branton v. State
  187 So. 3d 382· Fla. 5th DCA· 2016-03-18 ·cited 11×
  Donald Branton sought habeas corpus relief based on ineffective assistance of appellate counsel, arguing that his appellate attorney failed to raise a fundamental error committed during his 2013 resentencing hearing. The trial court improperly refused to consider evidence of Bran
• Jean-Elie Charlemagne v. Marydell Guevara
  183 So. 3d 1261· Fla. 3d DCA· 2016-01-27 ·cited 11×
  The appellate court held that the trial court erred in issuing an alias capias warrant and estreating bond when the defendant had waived his presence at a pretrial conference and was not clearly advised that his presence was required.
• Lucious Boyd v. State
  200 So. 3d 685· Fla.· 2015-12-17 ·cited 11×
  Lucious Boyd, a death-row inmate convicted of first-degree murder, sexual battery, and armed kidnapping, challenged his conviction and sentence through a Rule 3.851 postconviction motion and habeas petition. The Florida Supreme Court affirmed the trial court's denial of relief, f
• Hampton v. State
  178 So. 3d 921· Fla. 5th DCA· 2015-11-06 ·cited 11×
  The court held that appellate counsel was ineffective for failing to raise the fundamental sentencing error of the trial court considering the defendant's apparent perjury when determining the sentence.
• Hardwick v. Sec'y, Fla. Dep't OF Corr.
  803 F.3d 541· 11th Cir.· 2015-09-18 ·cited 11×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  John Gary Hardwick, Jr. was convicted of first-degree murder in 1986 and sentenced to death after a penalty phase in which his trial counsel presented no mitigating evidence. In Hardwick v. Crosby (Hardwick III), the Eleventh Circuit determined that Hardwick was entitled to an ev
• Huggins v. State
  161 So. 3d 335· Fla.· 2014-10-09 ·cited 11×·via Writ Of Habeas Corpus
  John Steven Huggins appeals the circuit court's denial of his motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postcon
• Mathews v. Crews
  132 So. 3d 776· Fla.· 2014-01-23 ·cited 11×
  A writ of mandamus is not an appropriate vehicle to seek review of an allegedly erroneous decision by a lower court, nor can it be used to circumvent constitutional restrictions on appellate jurisdiction.
• Butler v. State
  100 So. 3d 638· Fla.· 2012-07-12 ·cited 11×
  Harry Lee Butler was convicted of first-degree murder and sentenced to death for killing his former girlfriend Leslie Fleming in 1997. The Florida Supreme Court affirmed his direct appeal conviction in 2003. On appeal of the denial of his post-conviction motion under Rule 3.851 a
• Rayvon L. Boatman v. State
  77 So. 3d 1242· Fla.· 2011-12-15 ·cited 11×·via Writ Of Habeas Corpus
  The Florida Supreme Court held that a sexually violent predator respondent under the Jimmy Ryce Act who fails to challenge a trial court's continuance decision through habeas corpus before trial does not waive the claim by raising it on appeal, but cannot obtain release and dismi
• Fails v. State
  46 So. 3d 1032· Fla. 1st DCA· 2010-09-13 ·cited 11×
  Anthony Fails sought habeas corpus relief challenging his 2004 sexual battery conviction, but the court dismissed the petition as raising claims that could have been raised on direct appeal. After Fails filed 16 unsuccessful prior challenges to the same conviction, the court impo
• McNEIL v. COX
  997 So. 2d 343· Fla.· 2008-12-04 ·cited 11×
  The Florida Supreme Court held that Schmidt v. Crusoe's exemption from the prisoner indigency statute applies to all gain time actions where, if successful, the inmate's time in prison would be directly affected, not merely those involving forfeited gain time. The Court answered
• Stephens v. State
  974 So. 2d 455· Fla. 2d DCA· 2008-01-18 ·cited 11×·via Writ Of Habeas Corpus
  The court held that a manifest injustice and denial of due process occurred by denying reconsideration of a habitual felony offender sentence when the trial court erroneously believed a life sentence was mandatory.
• Rogers v. State
  966 So. 2d 490· Fla. 1st DCA· 2007-10-15 ·cited 11×
  Michael Rogers sought habeas corpus relief challenging a $500,000 bail amount in a capital sexual battery case, arguing it was excessive and effectively no bail. The court denied the petition, holding that without competent evidence of Rogers' financial circumstances presented at
• Qui Vinh Phuoc Nguyen v. State
  925 So. 2d 435· Fla. 5th DCA· 2006-04-06 ·cited 11×·via Writ Of Habeas Corpus
• Roth v. Crosby
  884 So. 2d 407· Fla. 2d DCA· 2004-09-24 ·cited 11×
  Joseph Henry Roth, a prison inmate, challenged his presumptive parole release date set by the Florida Parole and Probation Commission through a habeas corpus petition in circuit court. The court of appeal affirmed the circuit court's denial of the petition, holding that the prope
• Stewart v. Crosby
  880 So. 2d 529· Fla.· 2004-05-13 ·cited 11×
  Kenneth Stewart petitions for a writ of habeas corpus challenging his death sentence for first-degree felony murder and related crimes. The Florida Supreme Court denies the petition, holding that Florida's capital sentencing scheme is constitutional under Ring and Apprendi, and t
• Tywaun Jackson v. State
  802 So. 2d 1213· Fla. 2d DCA· 2002-01-09 ·cited 11×
  Jackson, a person civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act, petitioned for habeas corpus or mandamus relief claiming the Department failed to provide required annual mental examinations, written notice of release rights, and judicial review.
• Parker v. State
  780 So. 2d 210· Fla. 4th DCA· 2001-02-07 ·cited 11×
  Thomas Parker challenges the revocation of his pretrial release and detention under Florida Statute § 903.0471, which allows courts to revoke pretrial release and order detention upon finding probable cause that a defendant committed a new crime while on release. The Fourth Distr
• Clemon Lewis, Jr. v. Moore
  753 So. 2d 1242· Fla.· 2000-02-17 ·cited 11×
  Control release credits are a type of gain time and may be forfeited upon supervision revocation, even for offenses committed before the control release program's effective date, if the releasee accepted placement on the program.
• State v. J.B. Parker
  721 So. 2d 1147· Fla.· 1998-09-04 ·cited 11×·via Writ Of Habeas Corpus
  The Florida Supreme Court affirmed the trial court's grant of a new penalty phase proceeding for death row inmate J.B. Parker, finding that the State withheld exculpatory evidence (testimony from jail inmate Michael Bryant) that could have changed the outcome of the penalty phase
• In re Rule OF Crim. Procedure 3.851 (Collateral Relief After Death Sentence HAS Been Imposed) & Rule 3.850 (Motion to Vacate
  626 So. 2d 198· Fla.· 1993-10-21 ·cited 11×·via Writ Of Habeas Corpus
  The Florida Supreme Court adopted new Rule 3.851 and modified Rule 3.850 to establish a more orderly process for postconviction relief in capital cases. The new rule imposes a one-year filing deadline for Rule 3.850 motions in death penalty cases, requires counsel assignment with
• Occhicone v. Singletary
  618 So. 2d 730· Fla.· 1993-04-08 ·cited 11×
  The appellate court affirmed the conviction for possession of cocaine and drug paraphernalia but reversed the disposition imposed by the trial court.