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

• Mansfield v. Sec'y, Dep't OF Corr., Attorney Gen. of the State of Fla.
  679 F.3d 1301· 11th Cir.· 2012-05-09 ·cited 65×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Scott Mansfield was convicted of first-degree murder and sentenced to death for the brutal killing of Sara Robles. The Florida Supreme Court on direct appeal found that the admission of a videotaped custodial interrogation without Miranda warnings was constitutional error but con
• Douglas v. Louie L. Wainwright
  714 F.2d 1532· 11th Cir.· 1983-09-19 ·cited 65×·via Habeas Corpus Petition
  The court held that the trial court's exclusion of the general public during the testimony of the key eyewitness violated the defendant's Sixth Amendment right to a public trial, as the presence of the press alone was insufficient to satisfy the purposes of the public trial guara
• Sullivan v. Louie L. Wainwright
  695 F.2d 1306· 11th Cir.· 1983-01-17 ·cited 65×·via Habeas Corpus Petition
  The concurring judge believes the majority misapplied Sykes by deciding the cause prong on the merits without a factual determination.
• Bradbury v. Louie L. Wainwright
  658 F.2d 1083· 5th Cir.· 1981-10-15 ·cited 65×
  A guilty plea is valid if the defendant understands the potential consequences, even if they were unaware of specific plea bargain details or the precise qualifications of an appointed medical examiner, as long as there was no misrepresentation.
• Frank v. Blackburn
  646 F.2d 873· 5th Cir.· 1980-11-17 ·cited 65×·via Habeas Corpus Petition
  A defendant cannot be punished for exercising their right to trial, but a longer sentence than offered in a rejected plea bargain does not automatically constitute such punishment.
• Hewett v. State OF N.C.
  415 F.2d 1316· 4th Cir.· 1969-08-28 ·cited 65×·via Habeas Corpus Petition
  A bare possibility of adverse collateral consequences is enough to preserve the justiciability of litigation under mootness standards, even if the sentence has expired.
• Boyer v. City OF Orlando
  402 F.2d 966· 5th Cir.· 1968-10-18 ·cited 65×·via Habeas Corpus Petition
  The court held that the federal district court erred in denying a writ of habeas corpus without requiring the petitioner to exhaust state remedies, and granted bail pending such exhaustion.
• Chatman v. Marquez
  754 F.2d 1531· 9th Cir.· 1985-03-08 ·cited 64×
  The court held that the application of a firearm enhancement to calculate parole dates under the Determinate Sentencing Law (DSL) does not violate ex post facto principles, as the DSL as a whole is more beneficial to the prisoner than the Indeterminate Sentencing Law (ISL).
• Fackelman v. Griffin B. Bell
  564 F.2d 734· 5th Cir.· 1977-12-15 ·cited 64×
  The district court did not abuse its discretion in denying the appellant's motion to set aside the judgment under Rule 60(b).
• Guss Maggitt v. Wyrick
  533 F.2d 383· 8th Cir.· 1976-04-07 ·cited 64×
  The court held that the exclusion of evidence of the decedent's prior armed robbery conviction and the prosecutor's improper closing argument did not rise to the level of constitutional error warranting federal habeas corpus relief.
• Hart v. Ira M. Coiner
  483 F.2d 136· 4th Cir.· 1973-07-13 ·cited 64×
  The dissenting judge would reverse the denial of habeas relief based on ineffective assistance of counsel in a prior conviction used for habitual offender sentencing.
• Smith v. State
  931 So. 2d 790· Fla.· 2006-03-09 ·cited 63×·via Writ Of Habeas Corpus
  Derrick Smith, a death-sentenced inmate, challenged his conviction and sentence through a Rule 3.850 postconviction motion and habeas petition. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of Brady/Giglio violations, ineffective assistance of coun
• Fennie v. State
  855 So. 2d 597· Fla.· 2003-07-11 ·cited 63×
  Alfred Lewis Fennie challenges his death sentence for murder, kidnapping, and robbery by appealing the denial of his rule 3.850 postconviction motion and petitioning for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial, rejecting claims of ineffect
• Johnson v. State
  804 So. 2d 1218· Fla.· 2001-10-25 ·cited 63×
  Terrell Johnson, a death row inmate convicted of first-degree murder in 1979, appealed the trial court's summary denial of his second Rule 3.850 postconviction motion. The Florida Supreme Court affirmed the denial, finding that Johnson failed to demonstrate newly discovered evide
• Pope v. State
  702 So. 2d 221· Fla.· 1997-12-04 ·cited 63×
  Thomas Dewey Pope, a death-sentenced murderer, appealed the trial court's denial of his successive Rule 3.850 motion for postconviction relief claiming ineffective assistance of trial counsel and unconstitutionally vague jury instructions. The Florida Supreme Court affirmed the d
• Nardell U. Carter v. McCARTHY
  806 F.2d 1373· 9th Cir.· 1986-12-23 ·cited 63×
• Moises Garcia-Mir v. Smith
  766 F.2d 1478· 11th Cir.· 1985-07-11 ·cited 63×·via Habeas Corpus Petition
  The court held that the Attorney General's suspension of parole releases under the Status Review Plan was based on a facially legitimate and bona fide reason, and that the district court lacked jurisdiction to set aside exclusion orders for the entire class without individual exh
• Sampson Armstrong v. State
  429 So. 2d 287· Fla.· 1983-01-20 ·cited 63×·via Habeas Corpus Petition
  Sampson Armstrong, a death row inmate, challenged his murder convictions and death sentence through a Rule 3.850 motion and habeas corpus petition, arguing trial and appellate counsel were ineffective and raising various trial errors. The Florida Supreme Court affirmed the denial
• Skinner v. Cardwell
  564 F.2d 1381· 9th Cir.· 1977-11-29 ·cited 63×·via Writ Of Habeas Corpus
  The court held that the petitioner was not denied a fair trial, and therefore, his petition for a writ of habeas corpus was properly denied.
• Ragsdale v. Winfred Overholser
  281 F.2d 943· D.C. Cir.· 1960-06-23 ·cited 63×
  The court held that the statute governing commitment after acquittal by reason of insanity is constitutional, but its application requires careful consideration of due process safeguards for continued confinement.
• Boykin v. Huff
  121 F.2d 865· D.C. Cir.· 1941-04-07 ·cited 63×
  The court held that the trial court's actions effectively denied the appellant his right to appeal, and that his initial letter to the judge should be considered a timely notice of appeal.
• Lowe v. State
  2 So. 3d 21· Fla.· 2008-11-06 ·cited 62×
  The Florida Supreme Court affirmed the trial court's denial of relief on most postconviction claims filed by Rodney Lowe, a death row inmate convicted of first-degree murder, but reversed in part by ordering a new penalty phase based on newly discovered evidence and ineffective a
• Alphonso Cave v. State
  660 So. 2d 705· Fla.· 1995-09-21 ·cited 62×·via Petition For Habeas Corpus Relief
  The Florida Supreme Court vacated Alphonso Cave's death sentence imposed at resentencing, finding two reversible errors: the trial judge improperly conducted a full evidentiary hearing on Cave's motion for disqualification (rather than determining only legal sufficiency), and the
• Knight v. Dugger
  863 F.2d 705· 11th Cir.· 1988-12-08 ·cited 62×
• United States ex rel. Mylon C. Cross v. DeROBERTIS
  811 F.2d 1008· 7th Cir.· 1987-01-28 ·cited 62×·via Habeas Corpus Petition
  The court held that the petitioner failed to meet his burden of proving prejudice from counsel's alleged ineffectiveness because he did not sufficiently demonstrate what favorable evidence the uncalled witnesses would have provided.
• Johnson v. Louie L. Wainwright
  498 So. 2d 938· Fla.· 1986-12-11 ·cited 62×
  Ineffective assistance of appellate counsel warrants a new trial when counsel fails to raise a clear issue of reversible error regarding jury separation after deliberations began.
• Francois v. Louie L. Wainwright
  741 F.2d 1275· 11th Cir.· 1984-08-31 ·cited 62×·via Habeas Corpus Petition
  The court affirmed the denial of the federal habeas corpus petition, finding that the petitioner procedurally defaulted on his claims and failed to demonstrate cause or prejudice for the default.
• Campbell v. Louie L. Wainwright
  738 F.2d 1573· 11th Cir.· 1984-08-20 ·cited 62×·via Writ Of Habeas Corpus
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the denial of an evidentiary hearing and the rejection of the petitioner's claims.
• Ozzie Batchelor v. Hoyt C. Cupp
  693 F.2d 859· 9th Cir.· 1982-11-29 ·cited 62×
  The court held that while the petitioner failed to exhaust state remedies by not presenting his claims to the Oregon Supreme Court, federal review is permissible because no state remedies are currently available and the default was not a deliberate bypass. The court also affirmed
• Lyman T. Shepard v. Taylor
  556 F.2d 648· 2d Cir.· 1977-05-27 ·cited 62×
  Applying new parole guidelines that consider offense severity and retribution to a defendant sentenced under the Federal Youth Corrections Act before the 1976 amendments violates the ex post facto clause of the Constitution.
• Feliciano v. Hon. Melvin R. Laird
  426 F.2d 424· 2d Cir.· 1970-04-16 ·cited 62×
  The Army's failure to follow its own regulations in processing a hardship discharge application warrants judicial intervention.
• Toney Deron Davis v. State
  136 So. 3d 1169· Fla.· 2014-04-10 ·cited 61×
  Toney Deron Davis appeals the denial of his motion to vacate his 1995 convictions for first-degree felony murder, aggravated child abuse, and sexual battery in the death of a two-year-old, and his death sentence. The Florida Supreme Court affirmed, rejecting Brady/Giglio violatio
• Heldrado Zuluaga v. State
  32 So. 3d 674· Fla. 1st DCA· 2010-03-25 ·cited 61×
  The appellate court held that the trial court correctly dismissed the petition for writ of habeas corpus because it was not the proper remedy for challenging a sentence, and the circuit court lacked jurisdiction to review a sentence imposed by another circuit.
• Chavez v. State
  12 So. 3d 199· Fla.· 2009-06-25 ·cited 61×·via Writ Of Habeas Corpus
  Juan Carlos Chavez, convicted of first-degree murder, kidnapping, and sexual battery of a nine-year-old boy and sentenced to death, appealed the denial of his motion to vacate judgment and filed a habeas petition alleging ineffective assistance of counsel. The Florida Supreme Cou
• Floyd v. State
  18 So. 3d 432· Fla.· 2009-06-04 ·cited 61×·via Writ Of Habeas Corpus
  Maurice Lamar Floyd appeals denial of his Rule 3.851 post-conviction motion and petitions for habeas corpus following his conviction for first-degree murder and death sentence in the killing of his mother-in-law, Mary Goss. The Florida Supreme Court affirmed the denial of all pos
• Darius Mark Kimbrough v. State
  886 So. 2d 965· Fla.· 2004-06-24 ·cited 61×
  Darius Mark Kimbrough, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denials, holding that Kimbrough failed to
• Rivera v. State
  859 So. 2d 495· Fla.· 2003-09-11 ·cited 61×
  Michael Rivera, a death row inmate convicted of murdering an 11-year-old child, appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial
• Sireci v. Moore
  825 So. 2d 882· Fla.· 2002-02-28 ·cited 61×·via Writ Of Habeas Corpus
  Henry Perry Sireci, a death row inmate convicted of first-degree murder in 1976, petitioned the Florida Supreme Court for habeas corpus relief, raising seven claims of ineffective assistance of appellate counsel and constitutional challenges to Florida's capital sentencing scheme
• Harich v. Louie L. Wainwright
  813 F.2d 1082· 11th Cir.· 1987-03-18 ·cited 61×
  Defense counsel's performance was not deficient, and the defendant was not prejudiced by counsel's strategy, thus counsel was not ineffective.
• Westbrook v. Zant
  743 F.2d 764· 11th Cir.· 1984-09-21 ·cited 61×·via Petition For Habeas Corpus Relief
  The Eleventh Circuit held that the district court erred by failing to follow the law of the case established in Westbrook I, which mandated granting habeas corpus relief if the petitioner's counsel represented Jones County in the Gibson litigation.
• Bennie E. Demps v. State
  416 So. 2d 808· Fla.· 1982-06-24 ·cited 61×·via Habeas Corpus Petition
  Bennie Demps appealed the denial of his post-conviction relief motion and sought a stay of execution scheduled for June 29, 1982. The Florida Supreme Court affirmed the denial of relief on most claims but reversed and remanded on the claim that the state interfered with a defense
• United States ex rel. Thomas Kirby v. Sturges
  510 F.2d 397· 7th Cir.· 1975-01-28 ·cited 61×·via Habeas Corpus Petition
  The court held that the federal Constitution does not require states to adopt an exclusionary rule for unnecessarily suggestive showup identifications, and that the totality of the circumstances, particularly the reliability of the identification, determines due process complianc
• Beto v. Martin
  396 F.2d 432· 5th Cir.· 1968-05-14 ·cited 61×
• Levin v. Ramsey Clark
  408 F.2d 1209· D.C. Cir.· 1967-11-15 ·cited 61×·via Habeas Corpus Petition
  The court reversed the district court's grant of habeas corpus relief, finding that the alleged newly discovered evidence of a bank officer's non-recall regarding the exchange of large bills was not material and would not have affected the jury's verdict. The dissenting opinion a
• Scott v. Walker
  358 F.2d 561· 5th Cir.· 1966-03-31 ·cited 61×
  The court held that the systematic exclusion of Negroes from jury service, even with token inclusion, violates the Equal Protection Clause of the Fourteenth Amendment.
• Labrant D. Dennis v. State
  109 So. 3d 680· Fla.· 2012-12-20 ·cited 60×·via Writ Of Habeas Corpus
  Labrant Dennis was convicted of two counts of first-degree murder and sentenced to death for beating two University of Miami football players to death with a sawed-off shotgun in 1996. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion and habea
• Bell v. State
  965 So. 2d 48· Fla.· 2007-06-07 ·cited 60×
  Michael Bell was convicted of two counts of first-degree murder and sentenced to death. Bell appealed the circuit court's denial of his Rule 3.850 postconviction motion claiming ineffective assistance of trial counsel and filed a petition for writ of habeas corpus. The Florida Su
• Hodges v. State
  885 So. 2d 338· Fla.· 2004-10-14 ·cited 60×
  George Michael Hodges sought review of a circuit court's denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for a writ of habeas corpus in a death penalty case. The Florida Supreme Court affirmed the denial of postconviction relief and den
• Gregory v. Rice
  727 So. 2d 251· Fla.· 1999-02-11 ·cited 60×
  The Florida Supreme Court addressed the wrongful incarceration of Anthony Gregory for failure to pay child support, holding that courts must make a proper finding that a contemnor has the present ability to pay before imposing civil contempt sanctions, particularly incarceration.
• Davidson J. James v. Singletary
  957 F.2d 1562· 11th Cir.· 1992-03-30 ·cited 60×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Davidson James, a Florida death row inmate convicted of first-degree murder, attempted murder, and armed robbery, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254. The Eleventh Circuit held that James's Brady claim regarding withheld evidence failed because he d