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

• Maness v. Louie L. Wainwright
  512 F.2d 88· 5th Cir.· 1975-04-25 ·cited 9×
  The court should have admitted evidence tending to exculpate the defendant, Gary Maness, and the case should be remanded for a new trial.
• Betonie v. Captain W. G. Sizemore
  496 F.2d 1001· 5th Cir.· 1974-07-05 ·cited 9×·via Habeas Corpus Petition
  The Sixth Amendment's guarantee of assistance of counsel protects enlisted military personnel brought before summary courts-martial in cases that may result in imprisonment.
• Wesley v. State OF Ala.
  488 F.2d 30· 5th Cir.· 1974-01-11 ·cited 9×·via Habeas Corpus Petition
  The court held that the state court's evidentiary hearing was not full and fair, and the federal district court erred in denying habeas relief without conducting its own evidentiary hearing on the issues of denial of counsel and coerced guilty plea.
• Russell v. Honorable Judge Lamar Knight
  488 F.2d 96· 5th Cir.· 1973-12-05 ·cited 9×
  The court held that a petition styled as mandamus, alleging denial of appeal rights, could be treated as a petition for writ of habeas corpus.
• Stroup v. State
  270 So. 2d 47· Fla. 2d DCA· 1972-12-13 ·cited 9×·via Writ Of Habeas Corpus
  The court denies the petition for writ of habeas corpus without prejudice, allowing the petitioner to refile a post-conviction relief motion.
• Booker T. Washington Barker v. Louie L. Wainwright
  459 F.2d 8· 5th Cir.· 1972-04-06 ·cited 9×·via Habeas Corpus Petition
  The court held that while some grounds for habeas relief were properly denied, an evidentiary hearing is required for the claim of ineffective assistance of appellate counsel due to an inadequate record.
• Tinney v. Wilson
  408 F.2d 912· 9th Cir.· 1969-02-28 ·cited 9×
  The court held that the search of the defendant's pocket for pills exceeded the scope of a lawful frisk for weapons and that the subsequent discovery of marijuana was the fruit of an unconstitutional search.
• Nunn v. Wilson
  371 F.2d 113· 9th Cir.· 1967-01-17 ·cited 9×
  The court held that the appellant's repeated attempts to delay trial and secure counsel, despite ample opportunity and warnings, constituted a waiver of his right to counsel, and that his waiver of a jury trial was intelligent.
• United States v. Hon. Harold W. Follette (Successor to Hon. Edward M. Fay)
  367 F.2d 559· 2d Cir.· 1966-10-24 ·cited 9×·via Writ Of Habeas Corpus
  The court held that the trial judge's refusal to appoint a commission to determine competency, based on the evidence presented, did not violate due process.
• Martin v. Spradley
  341 F.2d 89· 5th Cir.· 1965-01-26 ·cited 9×
  The court held that the federal district court correctly dismissed the petition for writ of habeas corpus because the petitioner had not exhausted his available state remedies.
• In re Local Lodge NO. 1248 OF Int'l Ass'n OF MacHinists
  131 So. 2d 29· Fla. 1st DCA· 1961-05-11 ·cited 9×·via Writ Of Habeas Corpus
  The Florida Court of Appeal reconsiders its prior ruling on appeal procedure for contempt of court judgments, correcting its earlier determination that civil contempt arising from violation of an injunction in a private civil action must follow criminal appellate procedures. The
• Newsom v. Smyth
  261 F.2d 452· 4th Cir.· 1958-12-05 ·cited 9×·via Writ Of Habeas Corpus
  The court held that a state prisoner's habeas corpus appeal, raising issues previously litigated and resolved in state courts, could be dismissed for want of a certificate of probable cause.
• United States ex rel. Harrison Stewart v. Ragen
  231 F.2d 312· 7th Cir.· 1956-03-20 ·cited 9×
  The court held that a pro se petitioner's motions for a certificate of probable cause and leave to appeal in forma pauperis must be denied due to the absence of federal jurisdiction, as state remedies were not exhausted.
• Lynch v. Hershey
  208 F.2d 523· D.C. Cir.· 1953-12-03 ·cited 9×·via Writ Of Habeas Corpus
  The court held that the threat of criminal prosecution for failing to report for induction does not constitute unlawful restraint of liberty sufficient to support a writ of habeas corpus.
• United States ex rel. Rongetti v. Neelly
  207 F.2d 281· 7th Cir.· 1953-09-29 ·cited 9×
  The court held that the plaintiff failed to provide sufficient evidence to support his claim of U.S. citizenship, and thus, the denial of his habeas corpus petition and subsequent deportation order were proper.
• Ex parte: Frank Stoddard
  160 Fla. 188· Fla.· 1948-02-24 ·cited 9×·via Writ Of Habeas Corpus
  The court held that the petitioner failed to demonstrate the unconstitutionality of the statute under which he was charged, and therefore, the trial court's order remanding him to custody was correct.
• Miller v. United States
  142 F.2d 249· 6th Cir.· 1944-04-18 ·cited 9×·via Writ Of Habeas Corpus
  The court held that the appeal was untimely and the proper procedure for the appellant to pursue is a petition for a writ of habeas corpus.
• Armstrong v. Couch
  130 Fla. 615· Fla.· 1938-01-14 ·cited 9×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that informations filed by a State Attorney from the Eighth Judicial Circuit in Volusia County (Seventh Circuit) were null and void because the Governor's executive order authorizing him to act had expired by the time the informations were filed, as
• Jones v. King
  120 Fla. 87· Fla.· 1935-06-14 ·cited 9×·via Habeas Corpus Proceedings
  In this habeas corpus proceeding, the Florida Supreme Court held that a circuit judge must issue a writ of habeas corpus in response to a petition challenging a criminal contempt adjudication, rather than summarily denying it. The Court reversed the lower court's refusal to issue
• Chapman v. Parrish
  114 Fla. 612· Fla.· 1934-04-26 ·cited 9×·via Habeas Corpus Proceedings
  In this habeas corpus proceeding, the Florida Supreme Court reversed the discharge of T. J. Parrish from custody, holding that although his sentencing judgment contained formal defects in adjudicating guilt, the recital that he 'stands convicted' constitutes a sufficient attempte
• Cooper v. Lipscomb
  97 Fla. 668· Fla.· 1929-04-30 ·cited 9×·via Habeas Corpus Proceedings
  This case involves a petitioner seeking release via habeas corpus, arguing the statute under which he was arrested was unconstitutional. The court reversed the lower court's decision, finding the affidavit and warrant fatally defective for failing to allege a criminal offense, th
• Heath v. State of Fla. & Ronald Palmer Heath v. Sec'y
  426 So. 3d 1253· Fla.· 2026-02-03 ·cited 8×·via Writ Of Habeas Corpus
  Ronald Palmer Heath, sentenced to death for a 1989 murder, challenged his death sentence and execution through a second successive motion for postconviction relief and a habeas petition after his death warrant was signed. The Florida Supreme Court affirmed the circuit court's rej
• Seme v. State
  86 So. 3d 1133· Fla. 3d DCA· 2021-08-25 ·cited 8×
  A petition for writ of habeas corpus seeking leave to file a belated postconviction motion based on retained counsel's neglect must be filed no more than two years after the expiration of the original postconviction filing deadline under Florida Rule of Criminal Procedure 3.850(b
• Brown v. State of Fla. & Tina Lasonya Brown v. Mark S. Inch
  304 So. 3d 243· Fla.· 2020-08-27 ·cited 8×·via Habeas Corpus Petition
  Trial counsel was deficient under Strickland v. Washington for failing to call Terrance Woods and Darren Lee as impeachment witnesses during the guilt phase to challenge Heather Lee's credibility and implicate her as the ringleader; however, the cumulative effect of counsel's def
• Sparre v. State of Fla. & David Kelsey Sparre v. Mark S. Inch
  289 So. 3d 839· Fla.· 2019-12-19 ·cited 8×
  The Florida Supreme Court affirmed the denial of David Kelsey Sparre's motion to vacate his first-degree murder conviction and death sentence, and denied his petition for a writ of habeas corpus. The court found that Sparre's claims of ineffective assistance of trial counsel were
• Jefferson v. GDCP Warden
  941 F.3d 452· 11th Cir.· 2019-10-17 ·cited 8×
  Jefferson was convicted of felony murder in 1986 and sentenced to death by a Georgia jury, but on federal habeas review, the Eleventh Circuit found that his trial counsel provided ineffective assistance during sentencing by failing to investigate his traumatic childhood head inju
• Holmes v. State
  245 So. 3d 857· Fla. 3d DCA· 2018-01-24 ·cited 8×
  A life sentence does not constitute an unconstitutionally indefinite term of imprisonment under Article I, Section 17 of the Florida Constitution.
• Ellerbee v. State
  232 So. 3d 909· Fla.· 2017-12-21 ·cited 8×
  Terry Marvin Ellerbee, Jr. was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion challenging his guilt-phase conviction but granted a new penalty phase proceeding due to unconstitutional
• Serrano v. State
  225 So. 3d 737· Fla.· 2017-05-11 ·cited 8×·via Writ Of Habeas Corpus
  Nelson Serrano was convicted of four first-degree murders and sentenced to death. The Florida Supreme Court affirmed his convictions and sentences on direct appeal. On postconviction review, the Court rejected Serrano's guilt-phase claims but vacated his death sentences under Hur
• Parrish Kerney v. State
  217 So. 3d 138· Fla. 3d DCA· 2017-03-22 ·cited 8×·via Habeas Corpus Petition
  Parrish Kerney appeals the denial of his Rule 3.850 post-conviction motion and files a Rule 9.141 petition for habeas corpus based on ineffective assistance of appellate counsel. The court affirms the denial of the Rule 3.850 motion but grants the habeas corpus petition, finding
• Gerhard Hojan v. State
  212 So. 3d 982· Fla.· 2017-01-31 ·cited 8×·via Writ Of Habeas Corpus
  Gerhard Hojan was convicted of two counts of first-degree murder and sentenced to death. The Florida Supreme Court affirmed his convictions and initially affirmed his sentences, but upon application of the U.S. Supreme Court's Hurst v. Florida decision, vacated the death sentence
• Jones v. State
  198 So. 3d 920· Fla. 5th DCA· 2016-07-29 ·cited 8×
  Willie James Jones appealed the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) and his amended habeas corpus petition. The court reversed because the denial order lacked the required copies of court records necessary to suppo
• Clark v. Crews
  159 So. 3d 122· Fla.· 2014-11-20 ·cited 8×
  The court held that the petitioner's habeas corpus petition was frivolous and sanctions are warranted due to his excessive meritless filings.
• Farr v. State
  124 So. 3d 766· Fla.· 2012-11-29 ·cited 8×
  Victor Marcus Farr challenges his death sentence conviction by appealing the trial court's denial of his Rule 3.851 motion for post-conviction relief and filing a habeas corpus petition. The Florida Supreme Court affirms the denial of post-conviction relief and denies the habeas
• S.M. v. State of Fla. & Dep't OF Juv. Just.
  91 So. 3d 175· Fla. 4th DCA· 2012-05-25 ·cited 8×·via Writ Of Habeas Corpus
  S.M., a juvenile, petitioned for habeas corpus relief challenging a home detention order pending a violation of probation hearing. The Fourth District Court of Appeal granted the petition, holding that Florida law does not permit home detention without a qualifying risk assessmen
• Alfio Gentile v. State
  87 So. 3d 55· Fla. 4th DCA· 2012-04-18 ·cited 8×
  Alfio Gentile, convicted of attempted first-degree murder for bludgeoning his wife with a hammer, filed a habeas corpus petition raising the same meritless claim he had repeatedly asserted in prior filings—that his conviction should not have been reclassified as a life felony bec
• Donat Simeus v. Rambosk
  100 So. 3d 2· Fla. 2d DCA· 2011-08-10 ·cited 8×
  Donat Simeus petitioned for a writ of habeas corpus challenging the revocation of his pretrial release and pretrial detention ordered by the trial court. The Florida Second District Court of Appeal granted the petition, holding that the trial court's reliance on an unsworn supple
• Buss v. Reichman
  53 So. 3d 339· Fla. 4th DCA· 2011-01-12 ·cited 8×
  The Florida Fourth District Court of Appeal reversed a habeas corpus order granting a prisoner's immediate release, holding that the prisoner's challenge to the execution order of his consecutive state and federal sentences was procedurally barred because it had already been deci
• Daniels v. State
  46 So. 3d 630· Fla. 3d DCA· 2010-10-20 ·cited 8×
  Habeas corpus petition denied where appellate counsel's failure to raise a Montgomery fundamental error claim caused no harm because the jury received a culpable negligence instruction providing an alternative conviction path.
• Brown v. State
  35 So. 3d 72· Fla. 1st DCA· 2010-05-07 ·cited 8×
  The Florida appellate court denied Nathaniel Brown's sixth petition for ineffective assistance of appellate counsel and imposed sanctions prohibiting him from filing further pro se appeals or petitions challenging his 2005 conviction without representation by a licensed attorney,
• Leggett v. State
  34 So. 3d 51· Fla. 3d DCA· 2010-03-10 ·cited 8×
  The court, bound by precedent, denied the petition for review and certified direct conflict with another district's decision, despite the concurring judge's belief that the other district's reasoning was correct.
• Raines v. State
  14 So. 3d 244· Fla. 2d DCA· 2009-05-01 ·cited 8×
  Vincent Raines appealed the denial of his habeas corpus petition challenging a 1990 sentence as illegal. Although the court found the sentence was indeed illegal, it affirmed the denial because the sentence had been fully served over a decade earlier, making it moot, and because
• Nelson v. Secretary, Florida Dept. of Corrections
  610 F. Supp. 2d 1323· M.D. Fla.· 2009-03-26 ·cited 8×
  The Court held that the habeas petition was timely filed and that the petitioner's claims regarding the exclusion of evidence, use of privileged communications, and introduction of bad acts evidence were either not cognizable, unexhausted, procedurally barred, or without merit. F
• Coney v. State
  995 So. 2d 1038· Fla. 4th DCA· 2008-11-12 ·cited 8×
  Earl Coney, an incarcerated pro se litigant, filed his fifteenth appeal in the Fourth District Court of Appeal within three years, raising repetitive and frivolous claims regarding his sentence calculation and incarceration. The court imposed the sanction of refusing to accept an
• Wolfork v. State
  992 So. 2d 907· Fla. 2d DCA· 2008-10-24 ·cited 8×
  Ray Wolfork's conviction for aggravated battery on a law enforcement officer was reversed because the jury instruction omitted the words "intentionally or knowingly" from the second element of the offense, constituting fundamental error that appellate counsel was ineffective in f
• Benjamin v. State
  978 So. 2d 881· Fla. 4th DCA· 2008-04-16 ·cited 8×
• Grimsley v. State
  967 So. 2d 1132· Fla. 2d DCA· 2007-11-16 ·cited 8×
  Michael Grimsley petitioned for relief based on ineffective assistance of appellate counsel who failed to raise a fundamental error claim regarding a defective jury instruction on justifiable use of force in self-defense. The court granted the petition, finding appellate counsel
• Armour v. Fla. Parole Comm'n
  963 So. 2d 305· Fla. 1st DCA· 2007-08-14 ·cited 8×
  The court held that the circuit court erred by construing a petition for writ of habeas corpus as a petition for non-habeas relief, violating established law and causing a miscarriage of justice.
• Williams v. Fla. Parole Comm'n
  949 So. 2d 1180· Fla. 1st DCA· 2007-03-02 ·cited 8×·via Habeas Corpus Petition
  Charles Williams sought certiorari review of a denial of habeas relief after the Florida Parole Commission revoked his parole for allegedly violating a residence-change condition. The court reversed because the hearing officer failed to make an explicit factual finding on whether
• Sanford Paul Butler v. State
  953 So. 2d 12· Fla. 5th DCA· 2007-02-09 ·cited 8×·via Writ Of Habeas Corpus
  Sanford Paul Butler appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court affirms that Butler's illegal sentence claim was properly deemed successive and lacked merit, but reverses and remands because