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
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613 So. 2d 571·
Fla. 1st DCA·
1993-02-08
·cited 11×
Florida appellate court affirmed summary denial of habeas corpus petition because prisoner failed to allege exhaustion of administrative remedies, despite stating sufficient facts for due process and Eighth Amendment claims.
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The court held that the state trial judge's refusal to give a mitigating circumstance instruction, despite the lack of supporting evidence, violated the Eighth Amendment as explained in Lockett.
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The court held that the order for involuntary commitment was improper because it failed to comply with statutory and rule requirements regarding psychiatric evaluations and consideration of less restrictive alternatives.
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940 F.2d 1065·
7th Cir.·
1991-08-19
·cited 11×
The court held that although counsel's performance was ineffective, the appellant failed to demonstrate prejudice from the ineffective assistance, thus the denial of the habeas petition is affirmed.
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The court held that the district court properly dismissed petitioner's claims as an abuse of the writ, affirming the denial of habeas corpus relief.
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924 F.2d 829·
9th Cir.·
1991-01-10
·cited 11×
The court held that the appellant's claims under the due process clause, equal protection clause, and the eighth amendment do not state cognizable federal claims.
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The admission of the appellant's confession, obtained in violation of Miranda rights, was harmless error for both the liability and sentencing phases of the trial. The appellant was not deprived of his constitutional right to psychiatric assistance, and the jury instructions rega
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910 F.2d 400·
7th Cir.·
1990-08-06
·cited 11×
The court held that the jury instructions violated due process and were not harmless error, thus reversing the denial of the writ of habeas corpus.
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564 So. 2d 1074·
Fla.·
1990-07-05
·cited 11×
William Michael Squires, convicted of murder and sentenced to death, petitioned for habeas corpus relief and a stay of execution. The Florida Supreme Court rejected all eleven claims raised in the petition, finding most procedurally barred because they were not raised on direct a
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The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest and that his death sentence for deliberate homicide violated the Double Jeopardy Clause.
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The court affirmed the denial of the habeas corpus petition, finding no constitutional violations on the merits, despite disagreeing with the procedural bar finding on one claim.
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860 F.2d 1470·
9th Cir.·
1988-11-03
·cited 11×
The court ultimately concurs with the majority's decision, despite prior reservations.
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534 So. 2d 743·
Fla. 2d DCA·
1988-11-02
·cited 11×
A consent to adoption, freely and voluntarily given, is irrevocable unless obtained by fraud or duress.
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527 So. 2d 866·
Fla. 5th DCA·
1988-06-16
·cited 11×
Gwynn appeals the denial of his habeas corpus petition challenging his detention in county jail for consecutive misdemeanor sentences totaling over one year. The Fifth District affirms, holding that section 922.051 applies only to felony convictions and provides no statutory auth
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527 So. 2d 867·
Fla. 1st DCA·
1988-06-16
·cited 11×
Aaron Austin appealed the denial of his post-conviction motion for relief based on ineffective assistance of counsel. The appellate court affirmed the trial court's dismissal, finding that Austin's motion was untimely filed more than two years after his judgment and sentence beca
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526 So. 2d 143·
Fla. 3d DCA·
1988-05-17
·cited 11×
Marshall challenges his conviction and 330-year sentence (three armed robbery convictions) by alleging ineffective assistance of appellate counsel for failing to raise various errors. The court denies the habeas petition but sua sponte remands on sentencing issues, finding the st
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524 So. 2d 1018·
Fla.·
1988-05-16
·cited 11×
The court held that the petitioner's claims regarding the voluntariness of his guilty pleas, the effectiveness of counsel, the consideration of the PSI report, and the retroactive application of an aggravating factor lacked merit and had been previously adjudicated.
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520 So. 2d 287·
Fla.·
1988-02-26
·cited 11×
Jesse Tafero, convicted of first-degree murder and sentenced to death, filed a habeas corpus petition following the governor's signing of his second death warrant. The Florida Supreme Court denied the petition, rejecting his claims that the trial judge improperly restricted consi
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837 F.2d 72·
2d Cir.·
1988-01-14
·cited 11×
The court held that parolees are not entitled to a preliminary hearing when a parole violation warrant is issued but not executed, and they are already in custody on new charges. The court also found that the Parole Commission had jurisdiction to supplement a warrant after parole
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The court held that a state prisoner's civil rights action for damages under 42 U.S.C. § 1983, which does not challenge the validity of his conviction or seek release, should not be dismissed for failure to exhaust state remedies, but may be stayed pending the outcome of state co
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514 So. 2d 1097·
Fla.·
1987-11-02
·cited 11×
Bobby Marion Francis, under a death sentence, petitioned for habeas corpus relief and a stay of execution, arguing that the imposition of the death penalty contrary to the jury's recommendation violated his rights. The Florida Supreme Court denied the petition, finding the issue
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829 F.2d 840·
9th Cir.·
1987-10-05
·cited 11×
The court held that the Parole Commission erred by not providing adequate notice that street time was subject to forfeiture, entitling the appellant to credit for that time. However, the court affirmed the denial of credit for time spent in state custody and for good time credits
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The court held that the district court did not err in refusing to consider an unexhausted claim and that Howard's other claims lacked merit.
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The court held that the appellant's original sentence was legal, his probation was properly revoked, and the detainer was lawful, but he is entitled to credit for time spent in state custody and his transfer violated appellate rules.
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A nolo contendere plea induced by an attorney's misrepresentation regarding the sentence is involuntary, even if the defendant signs a waiver form and the judge advises them of their rights.
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798 F.2d 1250·
9th Cir.·
1986-09-02
·cited 11×
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795 F.2d 807·
9th Cir.·
1986-07-28
·cited 11×
The court held that the prisoner had not exhausted his state remedies because the California Supreme Court denied his petition for hearing on procedural grounds, not on the merits.
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The court held that Georgia's statutory scheme for releasing persons committed after acquittal by reason of insanity is constitutional, as it satisfies due process requirements.
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The court held that the voluntariness of a statement for federal habeas review is a matter for independent federal determination, not subject to the presumption of correctness under 28 U.S.C. § 2254(d), and that the Stone v. Powell doctrine does not bar Fifth and Sixth Amendment
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781 F.2d 993·
3d Cir.·
1986-01-17
·cited 11×
A federal court reviewing the release of a state habeas petitioner should only consider factors related to the petitioner's future presence in federal proceedings, not state concerns like dangerousness.
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464 So. 2d 644·
Fla. 3d DCA·
1985-03-05
·cited 11×
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The dissenting judge would hold that the Allen charge, combined with other factors, deprived the defendant of his constitutional right to a fair trial and that the error was not harmless.
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The court held that the petitioner's confessions were voluntary and the district court properly denied an evidentiary hearing.
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736 F.2d 533·
9th Cir.·
1984-06-29
·cited 11×
The court held that the failure to state reasons for imposing consecutive sentences does not violate federal due process, and that other claims of constitutional error were without merit.
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738 F.2d 828·
7th Cir.·
1984-06-27
·cited 11×
The Indiana Supreme Court correctly found sufficient evidence to support the jury's finding that the defendant had accumulated two prior unrelated felony convictions for habitual offender sentencing.
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733 F.2d 549·
8th Cir.·
1984-05-03
·cited 11×
The court held that the extradition documents were timely submitted under the treaty, and the magistrate had sufficient evidence to establish probable cause, thus denying the habeas corpus petition.
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717 F.2d 888·
4th Cir.·
1983-09-14
·cited 11×
The court held that the involuntary surgical removal of a bullet from a suspect's body, under the circumstances presented, would violate the Fourth Amendment's protection against unreasonable searches. It also held that such a claim is cognizable under 42 U.S.C. § 1983, not habea
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571 F. Supp. 1384·
M.D. Fla.·
1983-07-14
·cited 11×
The court held that the petitioner was not denied effective assistance of counsel at either the guilt/innocence or penalty stages of his trial.
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The court held that the petitioner was denied his constitutional right to effective assistance of counsel due to his attorney's inadequate investigation and preparation.
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The court held that a defendant's expressed unwillingness to raise a defense does not absolve counsel of the responsibility to investigate and present that defense, especially when the defense is the only plausible one.
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694 F.2d 115·
6th Cir.·
1982-12-02
·cited 11×
The court held that the petitioner's 11-year delay in filing a habeas corpus petition prejudiced the state's ability to respond, and the petitioner failed to rebut this prejudice or justify the delay.
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686 F.2d 1382·
11th Cir.·
1982-10-01
·cited 11×
The court held that the district court properly denied the petition for a writ of habeas corpus because the defendant's removal from the courtroom was justified and his subsequent absence was voluntary.
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The court held that the petitioner established a prima facie case that the state appellate court's finding was not fairly supported by the record, warranting further review.
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673 F.2d 43·
2d Cir.·
1982-03-02
·cited 11×
The court held that applying a 1977 Parole Commission regulation to toll a 1975 Youth Corrections Act sentence for the period the offender absconded from parole did not violate the ex post facto clause. The regulation did not change the law, as the YCA's rehabilitative purpose an
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532 F. Supp. 881·
S.D. Fla.·
1982-02-24
·cited 11×
The court held that judicial review of exclusion proceedings is limited to habeas corpus after a final order of exclusion is entered, and that plaintiffs lacked standing to challenge procedures prior to such an order.
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410 So. 2d 575·
Fla. 3d DCA·
1982-02-16
·cited 11×
Jenrette, an incarcerated inmate, challenged his parole release date through habeas corpus, claiming the Florida Parole Commission unlawfully used a 1951 uncounseled conviction to increase his salient factor score and extend his release date. The court granted the writ, holding t
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394 So. 2d 180·
Fla. 1st DCA·
1981-02-13
·cited 11×
Florida prison inmates challenged conditions at Florida State Prison at Starke, alleging denial of constitutional rights due to inadequate security, staffing, and overcrowding. The trial court issued a peremptory writ of mandamus ordering the Department of Corrections to reduce i
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The court held that the evidence was sufficient to establish probable cause for extradition and that a prior conviction for conspiracy in the U.S. did not bar extradition for substantive offenses committed in the UK.
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The court affirmed the denial of the habeas corpus petition, finding the nolo contendere plea voluntary, the plea bargain not broken, and the arrest claim waived by the plea.
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The court held that a federal parole violator is not entitled to credit for state time served on his federal sentence unless the federal government induced his state guilty plea through representations that violated Santobello, or otherwise implicated itself in the state plea bar