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

• Johnson v. Felton
  655 So. 2d 1286· Fla. 3d DCA· 1995-06-07 ·cited 9×·via Writ Of Habeas Corpus
  A civil contempt order for incarceration requires an affirmative finding that the obligor has the present ability to pay the purge amount.
• Alvarez v. Crowder
  645 So. 2d 63· Fla. 4th DCA· 1994-11-04 ·cited 9×
  Petitioner Alexander Alvarez, arrested for drug trafficking, challenged his one million dollar bail as excessive. The court granted his habeas corpus petition, finding the bail amount unreasonable given his community ties, employment stability, lack of criminal history, and compa
• Marlin Button v. State
  641 So. 2d 106· Fla. 2d DCA· 1994-03-02 ·cited 9×·via Writ Of Habeas Corpus
  The court held that a sentence imposed under a statute not in existence at the time of the offense is illegal and must be reversed. The court also affirmed the denial of the motion to withdraw pleas for other counts.
• Thompson v. Wade
  603 So. 2d 28· Fla. 1st DCA· 1992-07-15 ·cited 9×
  James Thompson sought habeas corpus relief on grounds that his appellate counsel was ineffective for failing to challenge the trial court's retention of jurisdiction over his sentence. The court denied the petition, holding that appellate counsel's performance must be evaluated u
• Holland v. McGINNIS
  963 F.2d 1044· 7th Cir.· 1992-05-14 ·cited 9×
  The court held that the Des Plaines confession was voluntary and that the Batson claim was barred by Teague v. Lane because Powers v. Ohio announced a new rule.
• Boyd Huls v. A.L. Lockhart
  958 F.2d 212· 8th Cir.· 1992-02-27 ·cited 9×·via Habeas Corpus Petition
  The court held that defense counsel's actions and omissions did not constitute ineffective assistance, as strategic decisions were made within the bounds of reasonable professional assistance.
• Washington v. State
  576 So. 2d 973· Fla. 2d DCA· 1991-04-05 ·cited 9×·via Writ Of Habeas Corpus
  The court held that allegations regarding counsel's failure to inform a defendant of their right to appeal, when the sentence is less than death, must now be raised in the trial court via a rule 3.850 motion, not a habeas corpus petition.
• S.Y. v. McMILLAN
  563 So. 2d 807· Fla. 1st DCA· 1990-06-26 ·cited 9×·via Writ Of Habeas Corpus
  The court reversed a resentencing for sexual battery, holding that convictions obtained after the initial sentencing, even if for offenses committed prior to the initial sentencing, could be used to calculate a new scoresheet for resentencing.
• Camden v. Cir. Court OF the Second Jud. Cir.
  892 F.2d 610· 7th Cir.· 1989-12-28 ·cited 9×
  The dissenting judge holds that the defendant did not impliedly consent to the mistrial and that there was no manifest necessity for declaring it, thus retrial would violate double jeopardy.
• Thomas v. Dugger
  548 So. 2d 230· Fla.· 1989-08-31 ·cited 9×
  John Scott Thomas petitioned for habeas corpus relief challenging the Department of Corrections' denial of gain-time credit during his mandatory minimum sentence for robbery with a firearm. The Florida Supreme Court held that the statute prohibiting eligibility for gain-time duri
• Alton Waye v. Murray
  884 F.2d 765· 4th Cir.· 1989-08-30 ·cited 9×·via Habeas Corpus Petition
  The court affirmed the district court's denial of habeas corpus relief and denied the motion for a stay of execution.
• LEE v. State
  546 So. 2d 436· Fla. 5th DCA· 1989-06-28 ·cited 9×·via Writ Of Habeas Corpus
  Greg Lee challenges his involuntary commitment for alcoholism treatment, arguing the commitment violated statutory requirements. The court grants his petition for habeas corpus and orders his immediate discharge because the trial court failed to comply with the Comprehensive Alco
• Munguia v. U.S. Parole Comm'n
  871 F.2d 517· 5th Cir.· 1989-04-28 ·cited 9×·via Petition For Habeas Corpus Relief
  The court held that the Parole Commission's forfeiture of Munguia's street time was mandatory under statute, and therefore, the lack of prehearing notice of this specific penalty did not violate his due process rights.
• Walker v. Dugger
  860 F.2d 1010· 11th Cir.· 1988-11-22 ·cited 9×
  The court held that the district court erred in granting habeas relief because the petitioner did not exhaust his ex post facto claim in state court, and the respondents did not waive their right to raise the exhaustion defense.
• Evans v. Lewis
  855 F.2d 631· 9th Cir.· 1988-08-22 ·cited 9×
  The court held that the defendant's conviction is affirmed, but the death sentence is reversed due to ineffective assistance of counsel at the sentencing phase.
• Nevius v. Sumner
  852 F.2d 463· 9th Cir.· 1988-07-22 ·cited 9×
  The court held that the prosecutor's peremptory challenges did not violate the Sixth or Fourteenth Amendments, the denial of an evidentiary hearing was proper, and the indictment was not defective.
• Stewart v. Dugger
  847 F.2d 1486· 11th Cir.· 1988-06-09 ·cited 9×·via Habeas Corpus Petition
  The dissenting judge argues that misleading statements about the jury's role in capital sentencing, made by the prosecutor and judge, violate Caldwell and require resentencing.
• Chavez v. Dareld Kerby
  848 F.2d 1101· 10th Cir.· 1988-06-08 ·cited 9×
  The admission of prior act testimony and the refusal to instruct on a lesser included offense did not violate the petitioner's constitutional rights, thus habeas corpus relief is denied.
• Stone v. Dugger
  837 F.2d 1477· 11th Cir.· 1988-02-05 ·cited 9×
  The court held that the petitioner is entitled to resentencing because the jury was improperly instructed to consider only statutory mitigating factors, violating the Eighth Amendment.
• Brown v. Dugger
  831 F.2d 1547· 11th Cir.· 1987-11-13 ·cited 9×
  The court held that limiting cross-examination into a witness's potential deal with the state violated the Confrontation Clause and was not harmless error.
• Dooley v. Duckworth
  832 F.2d 445· 7th Cir.· 1987-10-30 ·cited 9×·via Habeas Corpus Petition
  The court, bound by habeas corpus rules, could not find the Indiana Supreme Court's findings clearly wrong, despite doubts about the identification evidence.
• Yellen v. Cooper
  828 F.2d 1471· 10th Cir.· 1987-09-11 ·cited 9×·via Writ Of Habeas Corpus
  The court held that a prisoner's request for final disposition of a detainer constitutes a waiver of pretransfer rights under the Interstate Agreement on Detainers Act (IADA), and this waiver can be the basis for a sua sponte dismissal of a complaint filed in forma pauperis, even
• Durant v. The Honorable Eddie Boone
  509 So. 2d 1275· Fla. 1st DCA· 1987-07-10 ·cited 9×·via Writ Of Habeas Corpus
  A witness in a rape trial was cited for contempt of court and jailed after allegedly committing perjury. The court granted her habeas corpus petition, finding that the judge failed to comply with Florida's mandatory procedural requirements for criminal contempt proceedings.
• Rosenfeld v. Dunham
  820 F.2d 52· 2d Cir.· 1987-06-01 ·cited 9×
  The court held that the state appellate court's written opinion, which considered the defendant's remaining contentions and found they did not merit reversal, indicated a review on the merits, thus allowing federal habeas review of the jury instruction claim.
• Jones v. Henderson
  809 F.2d 946· 2d Cir.· 1987-01-13 ·cited 9×
  The court held that the district court should consider the merits of the habeas petition regarding courtroom closure, applying the standards established in Waller v. Georgia.
• KIM v. C.J. Villalobos
  799 F.2d 1317· 9th Cir.· 1986-09-15 ·cited 9×
  A state prisoner fairly presents federal claims to the state courts, satisfying the exhaustion requirement, even if the state court cites In re Swain for lack of particularity, if the claims are alleged with as much particularity as is practicable.
• Burnett v. Kindt
  780 F.2d 952· 11th Cir.· 1986-01-22 ·cited 9×
  The appeal is dismissed as moot because the respondent voluntarily complied with the district court's writ, rendering appellate review impossible.
• Wardell Riley v. Louie L. Wainwright
  778 F.2d 1544· 11th Cir.· 1985-12-11 ·cited 9×
  The court held that the petitioner failed to establish ineffective assistance of counsel or a violation of his constitutional rights regarding the imposition of the death sentence.
• Isaacs v. Kemp
  778 F.2d 1482· 11th Cir.· 1985-12-09 ·cited 9×·via Habeas Corpus Petition
  The court held that the petitioners were entitled to habeas corpus relief based on presumed prejudice due to pretrial publicity and inflammatory community atmosphere, reversing the district court's denial of their petitions.
• Moore v. Wyrick
  766 F.2d 1253· 8th Cir.· 1985-07-10 ·cited 9×
  The majority erred in finding that the Missouri Supreme Court's retroactive application of its felony murder statute construction deprived the petitioner of due process.
• Harris v. Louie L. Wainwright
  473 So. 2d 1246· Fla.· 1985-06-13 ·cited 9×
  Theodore Harris, convicted and sentenced to death for a 1981 murder, seeks post-conviction habeas corpus relief claiming his appellate counsel was ineffective for inadequately challenging the validity of the arrest warrant affidavit. The Florida Supreme Court denies relief, holdi
• Swicegood v. U.S. Parole Comm'n & Warden Rison
  755 F.2d 880· 11th Cir.· 1985-03-20 ·cited 9×·via Habeas Corpus Petition
  The court held that the petitioner was not denied due process because he forfeited any good time credits due to parole violations, rendering the delay in sentence aggregation harmless.
• Geric Green v. McGOUGAN
  744 F.2d 1189· 5th Cir.· 1984-10-29 ·cited 9×·via Habeas Corpus Petition
  The court held that a federal habeas petitioner's claims of an involuntary guilty plea and ineffective assistance of counsel lacked merit and were properly denied.
• Nat'l Farmers Union Ins. Cos. v. Crow Tribe OF Indians
  736 F.2d 1320· 9th Cir.· 1984-07-03 ·cited 9×·via Writ Of Habeas Corpus
  A federal court cannot entertain a civil suit seeking to enjoin a tribal court's exercise of jurisdiction, as federal law limits such review to habeas corpus.
• Shannon v. Anabel P. Mitchell
  460 So. 2d 910· Fla. 4th DCA· 1984-04-11 ·cited 9×
  The court held that habeas corpus is the proper remedy for a prisoner seeking immediate release due to an improperly calculated Presumptive Parole Release Date (PPRD).
• Baranko v. Louie L. Wainwright
  448 So. 2d 1067· Fla. 1st DCA· 1984-03-21 ·cited 9×
  Frank Baranko petitioned for habeas corpus challenging the Department of Corrections' calculation of his gain-time under Florida's new Correctional Reform Act of 1983. The court found that the Department improperly added 310 days for forfeiture of gain-time and deducted 121 days
• Westlake v. State
  440 So. 2d 74· Fla. 5th DCA· 1983-11-10 ·cited 9×·via Writ Of Habeas Corpus
  Howard Westlake appealed his involuntary commitment under Florida's Baker Act after he had already been released from the facility. The court dismissed the appeal as moot, following Florida Supreme Court precedent that prior release moots constitutional challenges to commitment o
• Lampkins v. Gagnon
  710 F.2d 374· 7th Cir.· 1983-06-21 ·cited 9×·via Habeas Corpus Petition
  The court held that Wisconsin's presumptive intent and party-to-a-crime jury instructions did not violate the defendant's constitutional rights, and affirmed the denial of habeas corpus.
• Bontempo v. Fenton
  692 F.2d 954· 3d Cir.· 1982-11-16 ·cited 9×·via Habeas Corpus Proceedings
  The court held that the defendant's Sixth Amendment right to counsel was violated because he did not knowingly and intelligently waive his right to counsel when he made an unsworn statement to the jury.
• Brim v. Solem
  693 F.2d 44· 8th Cir.· 1982-11-12 ·cited 9×
  The court held that the district court properly dismissed the habeas petition based on laches and sufficient evidence that the petitioner was advised of his right to appeal.
• Spivey v. Zant
  683 F.2d 881· 5th Cir.· 1982-08-16 ·cited 9×·via Habeas Corpus Petition
  The court held that the district court erred in quashing a subpoena duces tecum for an attorney's file, as the work product doctrine and client ownership arguments were inapplicable. The error denied the petitioner access to potentially crucial evidence.
• Booker v. Louie L. Wainwright
  675 F.2d 1150· 10th Cir.· 1982-04-20 ·cited 9×·via Writ Of Habeas Corpus
  The court granted a stay of execution to allow for proper consideration of the petitioner's claims, acknowledging the late filing but emphasizing the need to adjudicate the merits.
• Pierce v. Parratt
  666 F.2d 1205· 8th Cir.· 1981-12-16 ·cited 9×
  The court's holding is not explicitly stated as this is a concurring opinion reiterating a dissent. However, the concurring judge believes the Nebraska habitual criminal statute is unconstitutional.
• McKINNEY v. Estelle
  657 F.2d 740· 5th Cir.· 1981-09-30 ·cited 9×·via Habeas Corpus Petition
  The court held that the prosecutor's improper argument, in the context of prior improprieties and the lack of a ruling on the objection, deprived the defendant of a fair trial.
• Hampesle Lee Johnson, Sr. v. State
  390 So. 2d 1234· Fla. 5th DCA· 1980-12-10 ·cited 9×
  Hampesle Lee Johnson petitioned for a writ of habeas corpus in the Florida District Court of Appeal, Fifth District, alleging he was illegally convicted of an unspecified criminal charge in July 1980. The court denied the petition, holding that habeas corpus cannot be used to rai
• Lovett v. Butterworth
  610 F.2d 1002· 1st Cir.· 1979-12-13 ·cited 9×
  The court held that a prosecutor's substitution of a more serious charge after a defendant exercises their right to appeal de novo, even if due to prosecutorial error, violates due process by creating a realistic likelihood of vindictiveness.
• Lightfoot v. Louie L. Wainwright
  369 So. 2d 110· Fla. 1st DCA· 1979-04-04 ·cited 9×·via Habeas Corpus Petition
• Williams v. Smith
  591 F.2d 169· 2d Cir.· 1979-01-16 ·cited 9×
  A guilty plea entered without full knowledge of sentencing consequences is constitutionally valid if the defendant would have pleaded guilty even with accurate information.
• Arthur v. The Honorable Carl H. Harper
  371 So. 2d 96· Fla. 4th DCA· 1978-10-06 ·cited 9×
  The Fourth District Court of Appeal held that trial courts retain discretion to grant bail in life felony cases even when proof of guilt is evident and presumption is great, contrary to the literal language of Florida's constitutional bail provision. The court reasoned that the c
• Fairbanks v. Cowan
  551 F.2d 97· 6th Cir.· 1977-03-03 ·cited 9×
  The court held that the use of the victim's father as an interpreter for the victim, who had the mental capacity of a six-year-old, constituted fundamental unfairness in violation of due process.