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

• Mileham v. Simmons
  588 F.2d 1279· 9th Cir.· 1979-01-03 ·cited 11×
  The court held that an authoritative judicial construction of a statute, even if it changes prior administrative interpretations, does not violate the ex post facto clause.
• Kimmons v. Louie L. Wainwright
  338 So. 2d 239· Fla. 1st DCA· 1976-10-06 ·cited 11×
  Appellant challenged the forfeiture of accumulated gain time after violating parole while serving consecutive sentences for manslaughter. The court held that under Florida law, consecutive sentences are treated as a single sentence for gain-time purposes, and all accumulated gain
• Kelly v. Stone
  514 F.2d 18· 9th Cir.· 1975-03-21 ·cited 11×
  The court held that prosecutorial misconduct, including appeals to racial prejudice and comments on the defendant's silence, denied the petitioner a fair trial.
• Bailey Lee Sloan v. Louie L. Wainwright
  469 F.2d 390· 5th Cir.· 1972-11-15 ·cited 11×
  The court held that the petitioner's allegations, if true, entitle him to relief and an evidentiary hearing on his claims of coerced confession and ineffective assistance of counsel.
• Fuller v. Louie L. Wainwright
  268 So. 2d 431· Fla. 4th DCA· 1972-08-08 ·cited 11×·via Writ Of Habeas Corpus
  Fuller was convicted of breaking and entering with intent to commit rape. His appeal was dismissed for late filing, but he obtained a delayed appeal via habeas corpus. The Fourth District affirmed the conviction, finding no constitutional violation in the pretrial identification
• Miller v. Iverne R. Carter
  434 F.2d 824· 9th Cir.· 1970-10-09 ·cited 11×·via Habeas Corpus Petition
  The dissenting judge would affirm the district court's denial of the petition for habeas corpus, finding that the petitioner's counsel deliberately waived objections as a matter of trial strategy.
• Brooks v. Smith
  429 F.2d 1281· 5th Cir.· 1970-07-06 ·cited 11×
  The court held that claims of illegal arrest and improper lineup were insufficient for habeas relief, but the denial of the inadequate counsel claim was vacated for further review.
• Hall v. Fla. State Dep't OF Pub. Welf. & Anne Curtwright
  226 So. 2d 39· Fla. 4th DCA· 1969-07-25 ·cited 11×
  Parents challenged a juvenile court order placing their minor children in permanent state custody by filing a habeas corpus petition rather than appealing. The Fourth District Court of Appeal affirmed the lower court's dismissal of the habeas corpus writ, holding that habeas corp
• United States ex rel. James Morris Fletcher v. Maroney
  413 F.2d 16· 3d Cir.· 1969-07-08 ·cited 11×
  The court held that the appellant had exhausted his state remedies because his contentions had been presented to and considered by the state's highest court, satisfying the requirements for federal habeas corpus relief.
• Lessard v. Dickson
  394 F.2d 88· 9th Cir.· 1968-04-17 ·cited 11×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas corpus petition, finding that the state court's resolution of facts after a full hearing was reliable and that there was no suppression of evidence or deliberate bypassing of state procedures.
• Kibert v. Peyton
  383 F.2d 566· 4th Cir.· 1967-09-01 ·cited 11×
  The court held that the petitioner was not afforded due process because he was demonstrably incompetent to stand trial, and the lower courts erred in dismissing his habeas corpus petition without a hearing.
• Manning v. State
  167 So. 2d 616· Fla. 1st DCA· 1964-09-17 ·cited 11×
  Frank Manning appeals the trial court's denial of his petition for relief under Criminal Procedure Rule No. 1, challenging his guilty plea conviction on eighteen counts. The appellate court affirmed the denial, finding that Manning's allegations fail to overcome the presumption o
• Whitney v. Louie L. Wainwright
  332 F.2d 787· 5th Cir.· 1964-01-17 ·cited 11×·via Writ Of Habeas Corpus
  The court held that the question of whether the District Judge had the complete record before him was not frivolous and warranted further review.
• Stickney v. Ellis
  286 F.2d 755· 5th Cir.· 1961-02-09 ·cited 11×
  The court held that a federal habeas corpus court may accept a state court's determination of the voluntariness of a confession if there is no 'vital flaw' in the state proceedings, even without conducting a de novo hearing.
• United States ex rel. William Petersen v. la Vallee
  279 F.2d 396· 2d Cir.· 1960-06-01 ·cited 11×
  The court held that the appellant's confessions were not coerced as a matter of law, and the jury instructions regarding voluntariness were constitutionally adequate.
• Lowry Newton Klink v. Looney
  262 F.2d 119· 10th Cir.· 1958-11-28 ·cited 11×
  The court held that the petitioner's application for a writ of habeas corpus was without merit because 28 U.S.C. § 2255 provides an exclusive remedy for his claims, which he failed to pursue.
• United States ex rel. Hanson v. Ragen
  166 F.2d 608· 7th Cir.· 1948-02-17 ·cited 11×
  A writ of habeas corpus cannot be used to review a conviction when the petitioner deliberately waived appellate rights and the trial court had jurisdiction.
• Hawk v. Jones
  160 F.2d 807· 8th Cir.· 1947-04-18 ·cited 11×·via Application For Writ Of Habeas Corpus
  The court held that a federal court cannot grant habeas corpus relief until the petitioner has exhausted state remedies, including seeking relief via the writ of error coram nobis in Nebraska courts.
• Conley v. COX
  138 F.2d 786· 8th Cir.· 1943-12-13 ·cited 11×
  A habeas corpus petition alleging coercion by a federal officer into pleading guilty raises an issue requiring a hearing, even if the story seems fantastic.
• Turner v. Sec'y, Dep't of Corr.
  991 F.3d 1208· 11th Cir.· 2021-03-25 ·cited 10×
  The Eleventh Circuit affirmed the district court's dismissal of the habeas petition, holding that the district court did not err in sua sponte determining the petition was untimely based on the petitioner's own admissions and provided dates, and that the petitioner had an opportu
• Torrence Bates v. Sec'y, Dep't of Corr.
  921 F. 3d 983· 11th Cir.· 2020-07-14 ·cited 10×
  The Eleventh Circuit held that a noncompliant state postconviction motion, if later refiled in compliant form, tolls the federal habeas limitations period from the date of the initial filing.
• Holland v. Sec'y, Fla. Dep't of Corr.
  941 F.3d 1285· 11th Cir.· 2019-11-01 ·cited 10×
  The Eleventh Circuit held that the district court correctly dismissed Holland's third federal habeas petition for lack of subject matter jurisdiction because it was a successive petition that failed to obtain prior authorization from the court of appeals.
• Paez v. Sec'y, Fla. Dep't OF Corr.
  931 F.3d 1304· 11th Cir.· 2019-07-31 ·cited 10×
  A district court abuses its discretion by sua sponte dismissing a habeas petition as untimely without first ordering the State to respond, even if the court properly took judicial notice of state court dockets.
• Jimenez v. Jones
  261 So. 3d 502· Fla.· 2018-12-12 ·cited 10×
  A constitutional amendment removing a prohibition on retroactive application of criminal statutes does not itself require the Legislature to apply amended statutes retroactively, nor does it entitle a death-row inmate to relief when his conviction and sentence were final years be
• Bolin v. State
  184 So. 3d 492· Fla.· 2015-12-17 ·cited 10×·via Writ Of Habeas Corpus
  Oscar Ray Bolin, Jr., a death row inmate scheduled for execution, appealed the denial of successive postconviction motions claiming newly discovered evidence (a confession by inmate Steven Kasler) and Brady violations. The Florida Supreme Court affirmed the circuit court's denial
• Rafael v. Crews
  154 So. 3d 505· Fla. 4th DCA· 2015-01-07 ·cited 10×
  The trial court should have dismissed the petition for a writ of habeas corpus as unauthorized, rather than transferring it, because the issues raised could have been or were addressed in prior appeals or post-conviction motions.
• Kormondy v. State
  154 So. 3d 341· Fla.· 2015-01-05 ·cited 10×
  Johnny Shane Kormondy, under a death sentence for the 1993 murder of Gary McAdams, filed a successive motion for post-conviction relief claiming newly discovered evidence that his co-defendant Curtis Buffkin was the actual shooter. The Florida Supreme Court affirmed the trial cou
• McLEAN v. State
  147 So. 3d 504· Fla.· 2014-06-19 ·cited 10×
  Derrick McLean appeals the denial of his post-conviction motion and habeas petition following his conviction for the 2004 first-degree murder of 15-year-old Jahvon Thompson and death sentence. The Florida Supreme Court affirmed the denial of all post-conviction claims and rejecte
• Williams v. State
  68 So. 3d 1010· Fla. 4th DCA· 2011-09-15 ·cited 10×·via Writ Of Habeas Corpus
  The court held that mailing notice to a defendant's last known address is insufficient to establish willful failure to appear if the defendant has no duty to update their address with the court and has provided a new address to pretrial supervision.
• Poff v. State
  41 So. 3d 1062· Fla. 3d DCA· 2010-08-11 ·cited 10×
  Thomas Poff petitioned for a writ of habeas corpus seeking relief from a trial court's denial of post-conviction relief based on newly discovered evidence. The Florida District Court of Appeal affirmed the denial, finding the petition successive and procedurally barred, and rejec
• Brinson v. State
  988 So. 2d 665· Fla. 3d DCA· 2008-07-23 ·cited 10×
  The Eleventh Judicial Circuit lacked jurisdiction to consider Brinson's habeas petition challenging his sentence, requiring him to seek relief in the Sixth Judicial Circuit.
• Harris v. State
  12 So. 3d 764· Fla. 3d DCA· 2008-07-09 ·cited 10×
  Harris petitioned for habeas corpus relief, claiming his prior appellate decision constituted manifest injustice and disparate treatment of co-defendants. The court rejected his habeas petition, finding that inconsistent decisions in separate, unrelated cases do not constitute di
• In re Commitment OF James R. MAY. James R. May v. State
  975 So. 2d 579· Fla. 2d DCA· 2008-02-22 ·cited 10×
  A petition for a belated appeal from a civil commitment order under the Jimmy Ryce Act must be filed in the trial court as a petition for writ of habeas corpus, not directly in the appellate court under rule 9.141(c).
• Parrino v. Ric L. Bradshaw
  972 So. 2d 960· Fla. 4th DCA· 2007-12-14 ·cited 10×·via Writ Of Habeas Corpus
  A incarcerated petitioner seeks habeas corpus relief to prevent a hearing into the source of funds for bail posting. The Florida appellate court upholds the trial court's authority under state statute and rules to inquire into bail fund sources, rejecting the petitioner's argumen
• Flowers v. State
  965 So. 2d 1233· Fla. 1st DCA· 2007-09-28 ·cited 10×
  Michael Flowers petitioned for relief based on ineffective assistance of appellate counsel. The court granted the petition in part and ordered a new appellate proceeding limited to two issues: an alleged illegal sentence under Yasin v. State and the sufficiency of a Nelson hearin
• Jones v. State
  964 So. 2d 855· Fla. 2d DCA· 2007-09-19 ·cited 10×
  Leroy Jones petitioned for relief based on ineffective assistance of appellate counsel for failing to challenge his dual sentencing as both a habitual felony offender and violent career criminal. The court granted the petition, holding that appellate counsel's failure to preserve
• Siplen v. State
  963 So. 2d 317· Fla. 5th DCA· 2007-08-17 ·cited 10×·via Writ Of Habeas Corpus
• Octavia LEE v. State
  956 So. 2d 1292· Fla. 4th DCA· 2007-06-06 ·cited 10×·via Writ Of Habeas Corpus
  Court granted habeas corpus petition and quashed bond forfeiture order because trial court failed to make required findings that defendant's failures to appear were willful before denying bond reinstatement.
• A.K. v. Dobuler
  951 So. 2d 989· Fla. 3d DCA· 2007-03-14 ·cited 10×·via Writ Of Habeas Corpus
  A.K., a juvenile detained on a pick-up order for failure to appear, sought habeas corpus relief after the trial court quashed the pick-up order but continued his secure detention for 21 days without statutory authority. The court held that a failure to appear alone does not suppo
• Barnard v. State
  949 So. 2d 250· Fla. 3d DCA· 2007-01-24 ·cited 10×
  Gary Barnard appealed the denial of his sixth postconviction habeas corpus petition. The Florida Court of Appeal affirmed the denial, finding the petition both untimely and procedurally barred because the issues raised were collateral attacks that could have been brought on direc
• Baker v. State
  939 So. 2d 167· Fla. 1st DCA· 2006-10-03 ·cited 10×
  Darrell Baker appealed the denial of his habeas corpus petition challenging his 1996 armed robbery conviction on the ground that the indictment failed to allege an essential element of the crime. The court affirmed the denial and imposed sanctions prohibiting Baker from filing fu
• Z.B. v. Dep't OF Juv. Just.
  938 So. 2d 584· Fla. 1st DCA· 2006-09-27 ·cited 10×·via Habeas Corpus Petition
  The court held that the juveniles were improperly held in secure detention because their actions did not meet the definition of 'absconding' as required by statute and DJJ's handbook.
• Moore v. State
  909 So. 2d 500· Fla. 5th DCA· 2005-08-26 ·cited 10×·via Writ Of Habeas Corpus
  This case addresses whether Florida's Jimmy Ryce Act (civil commitment statute for sexually violent predators) applies to a defendant who was erroneously released from custody before civil commitment proceedings were instituted. The Fifth District Court of Appeal held that the Ac
• Rodnye Baroulette v. McCRAY
  904 So. 2d 575· Fla. 3d DCA· 2005-06-14 ·cited 10×
  Rodnye Baroulette petitioned for a writ of habeas corpus after being held in custody on probation violation charges despite his probationary period having expired. The court granted the petition, holding that a trial court lacks jurisdiction to revoke probation after the probatio
• Mills v. State
  901 So. 2d 939· Fla. 4th DCA· 2005-04-27 ·cited 10×
• K.M. v. Dep't OF Juv. Just.
  898 So. 2d 1193· Fla. 1st DCA· 2005-04-07 ·cited 10×·via Writ Of Habeas Corpus
  K.M., a juvenile arrested for petit theft, was ordered into secure detention despite a Risk Assessment Instrument score authorizing nonsecure detention. The court granted her habeas corpus petition, holding that the trial court must either provide written findings meeting statuto
• Larimore v. Fla. Dep't OF Corr.
  910 So. 2d 847· Fla. 1st DCA· 2004-12-10 ·cited 10×
  William Larimore sought certiorari review of a circuit court order denying his habeas corpus petition challenging the Department of Corrections' forfeiture of gain-time credits following revocation of his probationary sentence. The appellate court held that because one of Larimor
• Hayden v. Bieluch
  878 So. 2d 1270· Fla. 4th DCA· 2004-08-05 ·cited 10×·via Writ Of Habeas Corpus
• Rodriguez v. McRAY
  871 So. 2d 1001· Fla. 3d DCA· 2004-04-16 ·cited 10×·via Writ Of Habeas Corpus
  Jose Luis Rodriguez sought habeas corpus relief challenging a $75,000 bond increase imposed after his initial arrest on aggravated battery and animal cruelty charges. The Florida Third District Court of Appeal held that the trial court abused its discretion in increasing the bond
• Bruno v. Moore
  838 So. 2d 485· Fla.· 2002-12-05 ·cited 10×·via Writ Of Habeas Corpus
  Michael George Bruno petitions for habeas corpus following his conviction and death sentence for the 1986 murder of Lionel Merlano. The Florida Supreme Court denies the petition, rejecting claims that appellate counsel was ineffective, that harmless error analysis was inadequate,