Writ Of Habeas Corpus

3,651 Florida cases classified under this topic, plus 2,273 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Baker v. State
  878 So. 2d 1236· Fla.· 2004-03-11 ·cited 1805×
  The Florida Supreme Court consolidated three habeas corpus petitions filed by noncapital defendants challenging their convictions and dismissed them as unauthorized. The court clarified that habeas corpus relief is not available for collateral postconviction challenges that shoul
• Witt v. State
  387 So. 2d 922· Fla.· 1980-07-24 ·cited 619×·via Habeas Corpus Proceedings
  Johnny Paul Witt, convicted of first-degree murder and sentenced to death in 1974, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 based on alleged favorable changes in law. The Florida Supreme Court held that only major constitutional law changes ema
• Clark v. State
  363 So. 2d 331· Fla.· 1978-07-28 ·cited 590×·via Federal Habeas Corpus
  The Florida Supreme Court resolved a conflict between two district courts regarding whether a contemporaneous objection is required to preserve an improper comment on a defendant's right to remain silent as an issue on appeal. The Court held that a timely objection at trial is ne
• Freeman v. State
  761 So. 2d 1055· Fla.· 2000-06-08 ·cited 579×
  John D. Freeman, a death row inmate convicted of felony murder, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court remanded for an evidentiary hearing on ineffective assistance of counsel claims during
• Isley v. State
  652 So. 2d 409· Fla. 5th DCA· 1995-03-03 ·cited 527×·via Habeas Corpus Relief
  The court held that the petitioner's claims were untimely, successive, and constituted an abuse of process, warranting a prohibition on further filings.
• Ennis Nettles v. Louie L. Wainwright
  677 F.2d 404· 5th Cir.· 1982-05-17 ·cited 504×·via Habeas Corpus Proceedings
  Failure to file written objections to a magistrate's report bars a party from de novo determination by the district court and from attacking factual findings on appeal, unless the magistrate informs the parties of the ten-day objection deadline.
• Williams v. Louie L. Wainwright
  681 F.2d 732· 11th Cir.· 1982-07-29 ·cited 456×
  A district court may sua sponte conduct a de novo hearing to aid its review of a magistrate's report in post-trial relief applications. Claims of ineffective assistance of counsel were also rejected.
• Mullaney v. Wilbur
  W.D. Pa.· 1975-06-09 ·cited 447×·via Federal Habeas Corpus
  The Court's opinion, which the concurring justice joins, holds that the prosecution must prove every element of a crime beyond a reasonable doubt, but this does not conflict with the principle that a defendant may bear the burden of proving an affirmative defense like insanity.
• Logan v. State
  846 So. 2d 472· Fla.· 2003-04-17 ·cited 416×
  The Florida Supreme Court dismissed habeas corpus and prohibition petitions filed pro se by criminal defendants who were simultaneously represented by counsel in pending trial court proceedings. The Court clarified that defendants cannot engage in 'hybrid' representation by filin
• Shull v. Dugger
  515 So. 2d 748· Fla.· 1987-11-25 ·cited 415×
  Shull seeks habeas corpus release after his sentencing was reversed on appeal due to an invalid habitual offender departure. The Florida Supreme Court holds that when a trial court's reasons for departing from sentencing guidelines are invalidated on appeal, the court cannot arti
• Sochor v. State
  883 So. 2d 766· Fla.· 2004-07-08 ·cited 362×
  Dennis Sochor, a death-row inmate, appealed denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief, raising thirty claims including ineffective assistance of counsel at the penalty phase, Brady/Giglio violations, and constitutional challenges to F
• Pope v. Louie L. Wainwright
  496 So. 2d 798· Fla.· 1986-10-16 ·cited 361×
  Thomas Dewey Pope, a death row inmate, petitioned for habeas corpus alleging ineffective assistance of appellate counsel for failing to raise various issues on direct appeal. The Florida Supreme Court denied the petition, holding that Pope's appellate counsel was not deficient be
• Castro Bobadilla v. Reno
  1993 WL 259424· S.D. Fla.· 1993-07-09 ·cited 343×·via Habeas Corpus Review
  The court held that the magistrate had jurisdiction, the charged offenses were within the extradition treaty, and there was sufficient evidence to support a finding of probable cause for extradition.
• Jackson v. State
  648 So. 2d 85· Fla.· 1994-04-21 ·cited 314×
  Andrea Hicks Jackson was convicted of murdering a Jacksonville police officer in 1983 and sentenced to death. The Florida Supreme Court vacated her death sentence because the jury instruction on the "cold, calculated, and premeditated" (CCP) aggravating factor was unconstitutiona
• Nelson v. State
  875 So. 2d 579· Fla.· 2004-06-03 ·cited 305×·via Habeas Corpus Proceedings
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant alleging ineffective assistance of counsel for failing to call witnesses must specifically allege in a Rule 3.850 postconviction motion that those witnesses would have been availab
• LoCONTE v. Dugger
  847 F.2d 745· 11th Cir.· 1988-06-20 ·cited 284×·via Habeas Corpus Relief
  The court held that the district court did not err in denying the petition for habeas corpus relief, as the guilty plea was knowing, intelligent, and voluntary, and counsel was not ineffective.
• Blanco v. Louie L. Wainwright
  507 So. 2d 1377· Fla.· 1987-05-07 ·cited 276×
  Omar Blanco, a death row inmate convicted of first-degree murder, sought post-conviction relief and a writ of habeas corpus challenging his conviction and death sentence. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion and denied the habeas petition, findin
• Amos Lee King v. Moore
  831 So. 2d 143· Fla.· 2002-10-24 ·cited 272×
  Amos Lee King, a death row inmate with an active execution warrant, sought habeas relief based on Ring v. Arizona, which held unconstitutional capital sentencing statutes allowing judges to find aggravating circumstances without jury findings. The Florida Supreme Court denied rel
• Gennero Galtieri v. Louie L. Wainwright
  582 F.2d 348· 5th Cir.· 1978-10-23 ·cited 251×
  The court holds that while generally mixed habeas petitions should be dismissed, district judges may address exhausted grounds when fundamental rights are at stake, and such decisions will be reviewed on the merits.
• Cleveland Hollingshead v. Louie L. Wainwright
  194 So. 2d 577· Fla.· 1967-01-25 ·cited 217×
  Cleveland Hollingshead sought habeas corpus relief after being denied appellate counsel by the trial court, despite repeated requests. The Florida Supreme Court, following the U.S. Supreme Court's reversal in Douglas v. California, held that due process requires Hollingshead be a
• Dusty Ray Spencer v. State
  842 So. 2d 52· Fla.· 2003-01-09 ·cited 215×
  Dusty Ray Spencer appeals the denial of his Rule 3.850 postconviction motion and petitions for habeas corpus following his conviction for first-degree murder and imposition of a death sentence. The Florida Supreme Court affirms the trial court's denial of postconviction relief an
• Guzman v. State
  868 So. 2d 498· Fla.· 2003-11-20 ·cited 204×
  James Guzman appeals the denial of his post-conviction Rule 3.850 motion challenging his death sentence for murder, raising claims of prosecutorial misconduct, evidence suppression, and destruction of evidence. The Florida Supreme Court affirms most denials but remands the Giglio
• Marshall v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  828 F.3d 1277· 11th Cir.· 2016-07-12 ·cited 197×·via Habeas Corpus Review
  Johnny Marshall appealed the denial of his habeas corpus petition challenging his Florida armed robbery conviction, arguing that his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to move to suppress an eyewitness identification obtained d
• Mosley v. State
  209 So. 3d 1248· Fla.· 2016-12-22 ·cited 196×
  John Mosley was convicted of murdering his girlfriend and infant son in April 2004 and sentenced to death for the child's murder and life imprisonment for the girlfriend's murder. The Florida Supreme Court affirmed his convictions and death sentence on direct appeal. In this post
• Hittson v. GDCP Warden
  759 F.3d 1210· 11th Cir.· 2014-07-09 ·cited 192×·via Federal Habeas Corpus
  The concurrence agrees with the majority that the Georgia Superior Court's application of the Brecht harmless-error standard, rather than the Chapman standard, on state collateral review is irrelevant to federal habeas relief under AEDPA. The concurrence emphasizes that AEDPA req
• Harvey v. Dugger
  656 So. 2d 1253· Fla.· 1995-02-23 ·cited 192×
  Harold Lee Harvey, Jr., a death row inmate, petitioned for habeas corpus and appealed the trial court's denial of his Rule 3.850 postconviction motion challenging his convictions for two first-degree murders. The Florida Supreme Court remanded for evidentiary hearings on several
• Washington v. Strickland
  693 F.2d 1243· 5th Cir.· 1982-12-23 ·cited 191×
  The court held that the district court erred in applying the outcome-determinative test for prejudice in a habeas corpus claim of ineffective assistance of counsel. It established a new standard for prejudice, requiring proof that the omitted mitigating evidence would have "subst
• Teffeteller v. Dugger
  734 So. 2d 1009· Fla.· 1999-03-04 ·cited 188×
  Robert Allan Teffeteller, a death row inmate, appealed the trial court's denial of his rule 3.850 post-conviction motion and petitioned for a writ of habeas corpus, raising twenty-one and twenty-two issues respectively. The Florida Supreme Court affirmed the denial of post-convic
• Steele v. Kehoe
  747 So. 2d 931· Fla.· 1999-05-27 ·cited 186×
  The Florida Supreme Court held that a convicted defendant must obtain appellate or postconviction relief before pursuing a legal malpractice action against counsel, but also established a due process right to a belated hearing and filing of postconviction relief when counsel agre
• Rodriguez v. State
  919 So. 2d 1252· Fla.· 2005-05-26 ·cited 181×
  Juan David Rodriguez, a death-sentenced prisoner, appeals the denial of his Rule 3.850 postconviction motion and petitions for writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all postconviction claims and denied habeas relief, finding no meri
• Jones v. State
  845 So. 2d 55· Fla.· 2003-02-13 ·cited 172×
  Randall Scott Jones appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus in a capital murder case where he was convicted and sentenced to death for two murders in 1988. The Florida Supreme Court affirmed the trial court's denial
• Roberts v. State
  568 So. 2d 1255· Fla.· 1990-09-06 ·cited 171×
  Rickey Bernard Roberts, a death row inmate convicted of first-degree murder, armed sexual battery, and armed kidnapping, sought postconviction relief under Florida Rule of Criminal Procedure 3.850 and a writ of habeas corpus challenging his conviction and death sentence. The Flor
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 171×
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• Snowden v. Singletary
  135 F.3d 732· 11th Cir.· 1998-02-18 ·cited 167×·via Habeas Corpus Relief
  Harold Snowden was convicted of five counts of child abuse and sentenced to two consecutive life terms. On federal habeas review, the Eleventh Circuit held that expert testimony vouching for the credibility of child witnesses violated Snowden's due process right to a fair trial w
• Tompkins v. State
  994 So. 2d 1072· Fla.· 2008-11-07 ·cited 160×
  Wayne Tompkins, convicted in 1985 of the 1983 first-degree murder of 15-year-old Lisa DeCarr and sentenced to death, appealed the trial court's denial of his fourth and fifth successive postconviction motions under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Cou
• State v. Johnson
  483 So. 2d 420· Fla.· 1986-02-06 ·cited 160×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that a defendant's double jeopardy rights are not waived by failing to raise the defense before a second trial, and that the state violated the double jeopardy clause when it set aside an unconditionally accepted plea and retried the defendant on th
• The State OF Tex. & Dr. George J. Beto v. Payton
  390 F.2d 261· 5th Cir.· 1968-02-12 ·cited 160×
  The Court held that the District Court erred in granting habeas corpus solely on the basis of a failure to warn the petitioner of his right to remain silent, as Escobedo's holding was limited to the Sixth Amendment right to counsel and did not apply retroactively to trials before
• Torres-Arboleda v. Dugger
  636 So. 2d 1321· Fla.· 1994-04-21 ·cited 159×
  Oscar Torres-Arboleda, a death row inmate, challenged his conviction and sentence for first-degree murder through a Rule 3.850 postconviction motion and habeas petition. The Florida Supreme Court found his trial counsel rendered ineffective assistance during the penalty phase by
• Koon v. Dugger
  619 So. 2d 246· Fla.· 1993-03-25 ·cited 157×
  Raymond Leon Koon, a death row inmate, appealed the denial of his postconviction relief motion and habeas corpus petition challenging his 1979 murder conviction and death sentence. The Florida Supreme Court affirmed the denial, finding most claims procedurally barred and rejectin
• Ervin McCRAY v. State
  699 So. 2d 1366· Fla.· 1997-10-09 ·cited 151×
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is presumed to be the result of unreasonable delay and prejudicial to the state if filed more than five years after the conviction becomes final.
• Corbblin Bush v. State
  945 So. 2d 1207· Fla.· 2006-12-21 ·cited 148×
  Bush sought review of a district court decision dismissing his mandamus petition challenging a sentence-reducing credit determination by the Florida Department of Corrections. The Florida Supreme Court clarified that mandamus is the proper remedy for such challenges, that venue l
• Dorsey v. Gill
  148 F.2d 857· D.C. Cir.· 1945-02-26 ·cited 148×
  The court held that a habeas corpus petition must establish a prima facie case by alleging specific facts showing illegality of restraint, not mere general conclusions or disappointed expectations.
• Zack v. State
  911 So. 2d 1190· Fla.· 2005-07-07 ·cited 146×
  Michael Duane Zack, a death row inmate, appealed an order denying postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and rejected all claims of ine
• MacKENNA v. Ellis
  289 F.2d 928· 5th Cir.· 1961-05-02 ·cited 142×
  The court modified its prior decision on rehearing en banc, substituting new directions for the disposition of the petitioner.
• Crosley A. Green v. State
  975 So. 2d 1090· Fla.· 2008-01-31 ·cited 140×
  Crosley Green appealed his first-degree murder conviction and death sentence, raising numerous claims including Brady violations, newly discovered evidence, and ineffective assistance of counsel. The Florida Supreme Court affirmed the conviction but granted a new penalty phase be
• Schoenwetter v. State
  46 So. 3d 535· Fla.· 2010-07-01 ·cited 139×
  Randy Schoenwetter, convicted of murdering two members of a family he knew and attempting to murder a third, challenges his death sentence through postconviction relief and habeas corpus, arguing ineffective assistance of counsel during pretrial and penalty phases, constitutional
• Parker v. State
  904 So. 2d 370· Fla.· 2005-03-24 ·cited 139×
  Dwayne Parker, a death row inmate, appealed the trial court's summary denial of his Rule 3.851 motion for postconviction relief and filed a concurrent habeas corpus petition. The Florida Supreme Court reversed in part and remanded for an evidentiary hearing on ineffective assista
• Arbelaez v. State
  898 So. 2d 25· Fla.· 2005-01-27 ·cited 137×
  Guillermo Arbelaez, a death row inmate convicted of murdering a five-year-old child in 1991, challenged his death sentence on grounds of ineffective assistance of trial counsel during the penalty phase, specifically regarding the presentation of mitigation evidence about his epil
• Hiers v. Mitchell
  95 Fla. 345· Fla.· 1928-02-22 ·cited 135×·via Habeas Corpus Proceedings
  The Florida Supreme Court reversed a lower court decision that held Chapter 12412, Acts of 1927 (an automobile tire and tube dealer license tax) unconstitutional. The court upheld the statute against multiple constitutional challenges, including claims that it violated the title
• Daye v. Attorney Gen. OF the State OF NEW York & Eugene Le Fevre
  696 F.2d 186· 2d Cir.· 1982-12-09 ·cited 130×·via Federal Habeas Corpus
  The court held that a federal court should not grant habeas corpus relief if state remedies have not been exhausted, meaning the federal constitutional claim must have been presented to the state courts.