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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574 So. 2d 1066·
Fla.·
1990-11-29
·cited 60×
Charles Michael Kight, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion to vacate conviction and sentence and filed a habeas corpus petition, raising various claims of ineffective assistance of counsel, constitutional violations in jury instructions,
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541 So. 2d 1165·
Fla.·
1989-04-13
·cited 60×
Phillip Atkins, a death row inmate, sought habeas corpus relief and review of the trial court's denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court affirmed the denial of all relief, finding that most claims were procedurally barred and that Atkin
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781 F.2d 1458·
11th Cir.·
1986-01-23
·cited 60×
The petitioner is entitled to federal habeas review of his jury selection claim because he presented the objection seasonably to the trial court.
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The court held that a defendant's persistent, unreasonable refusal to communicate with counsel can constitute a waiver of the right to effective assistance of counsel, and that counsel's strategic decisions made in light of the defendant's silence were not ineffective.
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Frank Smith, convicted of first-degree murder and sentenced to death, appealed the denial of post-conviction relief under Florida Rule 3.850 and filed a habeas corpus petition challenging his trial and appellate counsel's effectiveness. The Florida Supreme Court affirmed the deni
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The court held that the district court correctly denied the petition for a writ of habeas corpus, affirming the admissibility of the confessions.
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648 F.2d 276·
5th Cir.·
1981-06-16
·cited 60×
The court held that the appellant's claims of procedural default, ineffective assistance of counsel, and magistrate violations lacked constitutional merit, affirming the denial of his habeas corpus petition.
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427 F.2d 589·
D.C. Cir.·
1970-02-05
·cited 60×
The court held that a petition for habeas corpus by a mental patient seeking release cannot be dismissed as repetitive if the grounds were not adequately heard and determined within six months preceding the new application.
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140 F.2d 81·
7th Cir.·
1944-01-31
·cited 60×
The court held that the District Court properly dismissed the petitioner's habeas corpus petition and injunction request because federal courts should not interfere with state judicial and administrative processes unless exceptional circumstances exist.
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125 F.2d 806·
9th Cir.·
1942-02-11
·cited 60×
A federal court may not grant a writ of habeas corpus to review alleged errors of law or fact occurring during a trial if the court had jurisdiction over the person and subject matter, as such errors are correctable only by direct appeal.
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928 F.3d 987·
11th Cir.·
2019-06-28
·cited 59×
Billy Raulerson Jr., a Georgia death row inmate convicted of three murders, appealed the denial of his federal habeas corpus petition on grounds that his trial counsel was ineffective for failing to investigate and present mitigating evidence, that Georgia's requirement that he p
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Allen Cox appeals the denial of his motion to vacate his death sentence for the first-degree murder of fellow inmate Thomas Baker Jr., raising numerous claims of ineffective assistance of counsel and challenging the trial and penalty phases. The Florida Supreme Court upheld the c
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Lancelot Armstrong was convicted of first-degree murder, attempted murder of a law enforcement officer, and armed robbery in connection with the 1990 death of Deputy Greeney during an armed robbery at a restaurant. Armstrong's death sentence was vacated because the trial court re
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The court held that appellate counsel cannot be ineffective for failing to raise issues that are procedurally barred or without merit.
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The court held that the admission of the victim's identification of Graham violated his due process rights due to impermissibly suggestive identification procedures that created a substantial likelihood of misidentification.
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The court held that the prosecutor's introduction of out-of-court statements from an unidentified informant, and reliance on those statements in closing argument, violated the defendant's Sixth Amendment right to confrontation, and this violation was not harmless error.
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The denial of a continuance to present the sole expert witness on an insanity defense violated due process and warranted a writ of habeas corpus.
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608 F.2d 839·
10th Cir.·
1979-11-01
·cited 59×
The court held that the petitioner failed to demonstrate a constitutional violation regarding pre-trial publicity, jury selection, the exclusion of veniremen, or the alleged haste and absence during trial, thus affirming the denial of habeas corpus relief.
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The court held that the failure of trial counsel to conduct an adequate pre-trial investigation deprived the petitioner of constitutionally effective assistance of counsel.
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970 So. 2d 789·
Fla.·
2007-05-31
·cited 58×
Preston appeals a trial court's denial of his Rule 3.850 motion for postconviction relief and petition for habeas corpus in his first-degree murder conviction and death sentence from 1978. The Florida Supreme Court affirms the denial of all postconviction claims, finding that new
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885 So. 2d 413·
Fla. 1st DCA·
2004-10-15
·cited 58×
James Ritter challenged his conviction-stage appellate counsel's effectiveness for failing to raise a sentencing issue on appeal. The court found that the trial judge impermissibly considered Ritter's refusal to admit guilt and lack of remorse as factors supporting a sentence abo
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872 So. 2d 230·
Fla.·
2003-10-09
·cited 58×
Wayne Tompkins, sentenced to death for the 1985 murder of a 15-year-old girl, challenged his sentence on postconviction appeal after a death warrant was signed. The Florida Supreme Court affirmed the denial of his Brady claims and DNA testing motion but reversed the trial court's
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Daniel Eugene Remeta, sentenced to death for murder and robbery of a convenience store clerk, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 and habeas corpus, raising sixteen claims of ineffective assistance of counsel and procedural violations. The
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The court held that the death sentence must be vacated due to ineffective assistance of counsel during the guilt and penalty phases, and the jury's failure to consider non-statutory mitigating circumstances.
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The court held that the denial of habeas corpus relief must be reversed and remanded for an evidentiary hearing to determine if the petitioner waived his claim of an unconstitutionally selected jury due to procedural default, or if the 'cause and prejudice' exception applies.
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The court held that a state prosecutor cannot waive the federal habeas corpus exhaustion requirement, and the petitioner failed to exhaust state remedies for his Brady claim.
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The court held that federal courts lack jurisdiction to review military assignments or grant relief to a service member seeking conscientious objector status before exhausting all military remedies.
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The court should have suppressed the coat as evidence because its seizure violated the appellant's Fourth Amendment rights.
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The court held that the late appointment of counsel and the attorney's failure to investigate potential defenses or object to illegal convictions constituted ineffective assistance of counsel, violating the defendant's constitutional rights.
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The knowing false testimony of a police detective, coupled with the destruction of other statements, denied defendants due process of law, rendering their trial fundamentally unfair.
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11th Cir.·
2010-06-14
·cited 57×
Equitable tolling is available under AEDPA, and attorney misconduct not attributable to the petitioner, such as abandonment, can constitute extraordinary circumstances.
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43 So. 3d 20·
Fla.·
2010-04-29
·cited 57×
Micah Nelson appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in his capital murder case. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assistance of counsel claims and denied his habeas petiti
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995 So. 2d 401·
Fla.·
2008-10-08
·cited 57×
Herbert Price challenges his sexual battery conviction, arguing the charging information was fundamentally defective because it failed to allege an essential element of the crime. The Florida Supreme Court holds that the information adequately charged the offense by tracking the
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860 So. 2d 5·
Fla. 2d DCA·
2003-08-27
·cited 57×
An inmate appealed a trial court's order transferring his complaint from Polk County to Leon County. The court affirmed, holding that petitions for writs of mandamus against the Florida Department of Corrections must be filed in Leon County where the Department maintains its head
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Andrea Jackson appeals her death sentence for the 1983 murder of a Jacksonville police officer. The Florida Supreme Court affirms the conviction and the cold, calculated, and premeditated aggravator, but vacates the sentence and remands for resentencing because the trial court fa
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Alonzo McCullough, convicted of first-degree burglary and sexual assault as an adult at age seventeen, challenged his life sentence without parole on habeas corpus, arguing that enhancement of his sentence based on four prior juvenile convictions violated due process, shocked the
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The court held that the trial court's failure to assess the potential prejudice from spectators wearing 'Women Against Rape' buttons, instead relying on a standard of imminent threat, was an incorrect legal standard, and thus a federal evidentiary hearing is required.
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823 F.2d 1256·
8th Cir.·
1987-07-13
·cited 57×
The dissent argues that the exhaustion requirement of 28 U.S.C. § 2254 does not apply to 42 U.S.C. § 1983 actions seeking monetary damages, even if the claim relates to the validity of good-time credit deprivation.
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Reliance on an unconstitutionally vague or overbroad statutory aggravating circumstance requires vacating the death sentence, especially when the state courts do not reweigh circumstances on appeal.
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772 F.2d 683·
11th Cir.·
1985-09-16
·cited 57×
The dissenting judge would reverse the district court's judgment, finding ineffective assistance of counsel and an arbitrary imposition of the death sentence.
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The court held that the defendant failed to demonstrate ineffective assistance of counsel and that the jury selection process was constitutional. Therefore, the district court's denial of habeas corpus relief is affirmed.
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The court held that attorney's fees under the Equal Access to Justice Act (EAJA) are not available for habeas corpus petitions, but may be available for other civil actions against the government. The court also found the government's litigation position regarding contact visits
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The majority incorrectly held that the petitioner had a full and fair opportunity to litigate his Fourth Amendment claim in state court, contrary to precedent.
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The court held that the government's failure to fulfill its plea bargain promises regarding deportation and sentence, despite the defendant's crucial cooperation, necessitates further proceedings to determine the appropriate remedy.
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The court affirmed the denial of habeas corpus relief, holding that the petitioner was not denied credit for time spent in a mental hospital and that his other claims lacked merit or were moot.
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188 F.2d 86·
10th Cir.·
1951-03-21
·cited 57×
A federal prisoner seeking relief under 28 U.S.C. § 2255 cannot pursue a habeas corpus petition if the sentencing court has already considered and denied the § 2255 motion, unless the § 2255 remedy is inadequate or ineffective.
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An alien's re-entry into the United States requires intent to enter, and mere passage through the country without knowledge does not constitute an 'entry' for deportation purposes.