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

• Martin v. Commonwealth OF Va.
  349 F.2d 781· 4th Cir.· 1965-08-05 ·cited 42×·via Federal Habeas Corpus
  A prisoner denied parole eligibility due to subsequent convictions is considered 'in custody' for federal habeas corpus purposes, allowing a collateral attack on those convictions.
• Derrick v. State
  983 So. 2d 443· Fla.· 2008-02-07 ·cited 41×
  Samuel Jason Derrick was convicted of first-degree murder and sentenced to death for the 1987 killing of Rama Sharma. In this postconviction proceeding, the Florida Supreme Court affirmed the denial of Derrick's rule 3.850 motion for postconviction relief and rejected his petitio
• Belcher v. State
  961 So. 2d 239· Fla.· 2007-06-14 ·cited 41×
  James Belcher appeals the circuit court's denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.851 and petitions for a writ of habeas corpus following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms
• Elledge v. State
  911 So. 2d 57· Fla.· 2005-06-09 ·cited 41×
  William Duane Elledge, on death row for over 20 years following the 1974 murder of Margaret Anne Strack, appealed the trial court's denial of his Rule 3.850 postconviction relief motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the denial, reject
• Cooper v. State
  856 So. 2d 969· Fla.· 2003-06-26 ·cited 41×
  Richard M. Cooper, sentenced to death for three murders in 1982, appealed the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial, finding a
• Andrews v. The Fla. Parole Comm'n & The Fla. Dep't of Corr.
  768 So. 2d 1257· Fla. 1st DCA· 2000-10-18 ·cited 41×
  Lawrence Scott Andrews appeals the dismissal of his false imprisonment and negligence claims against the Florida Parole Commission and Department of Corrections. The court affirms dismissal, holding that the Commission acts in a quasi-judicial capacity entitled to judicial immuni
• Bryan v. Dugger
  641 So. 2d 61· Fla.· 1994-06-16 ·cited 41×
  Anthony Bryan, convicted of robbery, kidnapping, and murder, challenged his death sentence through a Rule 3.850 motion and habeas corpus petition, arguing ineffective assistance of trial and appellate counsel and various constitutional violations in the sentencing process. The Fl
• Preston v. State
  564 So. 2d 120· Fla.· 1990-06-07 ·cited 41×
  Robert Preston appeals the denial of his motion to vacate his death sentence after his prior violent felony conviction (deadly missile) was vacated due to ineffective assistance of counsel. The Florida Supreme Court vacates the death sentence and remands for resentencing because
• Burkett v. Cunningham
  826 F.2d 1208· 3d Cir.· 1987-07-10 ·cited 41×
  The majority erred in ordering the discharge of convictions based on a flawed 'law of the case' finding of prejudice from sentencing delay.
• Bundy v. State
  497 So. 2d 1209· Fla.· 1986-11-17 ·cited 41×
  The court held that the appellant's claims for post-conviction relief and stay of execution were without merit and procedurally barred, and denied the petition for writ of habeas corpus.
• Butcher v. Marquez
  758 F.2d 373· 9th Cir.· 1985-04-16 ·cited 41×·via Habeas Corpus Review
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or a constitutional violation from the admission of evidence, thus affirming the dismissal of his habeas petition.
• Darden v. Louie L. Wainwright
  699 F.2d 1031· 11th Cir.· 1983-02-14 ·cited 41×·via Habeas Corpus Proceedings
• Gaspar Eugenio Jimenez Escobedo v. United States
  623 F.2d 1098· 5th Cir.· 1980-08-14 ·cited 41×·via Habeas Corpus Review
  The court held that the evidence presented was sufficient to establish probable cause for extradition, and that the petitioners' arguments regarding the political offense exception, the extradition of nationals, and humanitarian concerns were without merit.
• Davis v. Campbell
  608 F.2d 317· 8th Cir.· 1979-11-02 ·cited 41×·via Federal Habeas Corpus
  The court held that claims not exhausted in state courts must be remanded for dismissal, while claims previously decided on direct appeal and found not to raise constitutional issues are affirmed.
• Cates v. Ciccone
  422 F.2d 926· 8th Cir.· 1970-03-19 ·cited 41×
  The court held that a prisoner's pro se petition for a writ of habeas corpus was properly denied as it did not present exceptional circumstances requiring a hearing or appointment of counsel.
• Rowley v. United States
  191 F.2d 949· 8th Cir.· 1951-10-31 ·cited 41×
  The court held that a motion to vacate a sentence cannot be used as a substitute for an appeal, and the sufficiency of an information is not open to collateral attack after conviction unless exceptional circumstances exist.
• Frederick v. Rowe
  105 Fla. 193· Fla.· 1932-04-19 ·cited 41×
  This case concerns whether a writ of prohibition can be used to stop a habeas corpus proceeding. The Florida Supreme Court held that while a circuit court has jurisdiction to issue a writ of habeas corpus, its inquiry is limited when the petitioner is convicted of a felony, and p
• Hendrix v. State
  908 So. 2d 412· Fla.· 2005-07-07 ·cited 40×
  Robert Eugene Hendrix, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and filed a habeas corpus petition challenging his conviction and death sentence for two first-degree murders committed to silence a witness. The Florida Supreme Court affirmed
• Mayes v. Moore
  827 So. 2d 967· Fla.· 2002-09-19 ·cited 40×
  The court held that petitioners are not entitled to relief because the conditional release statute is not a recidivist statute requiring prior notice, the Parole Commission's authority does not violate separation of powers, the statute is not a bill of attainder, and the forfeitu
• Johnston v. Dugger
  583 So. 2d 657· Fla.· 1991-06-20 ·cited 40×
  David Eugene Johnston, sentenced to death for strangling an 84-year-old woman, appeals the denial of his motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief and rejects his habeas petition, findin
• Wardell Riley v. State
  433 So. 2d 976· Fla.· 1983-06-03 ·cited 40×
  Wardell Riley, convicted of two murders and assault, appealed the trial court's denial of his motion to vacate his death sentence. The Florida Supreme Court affirmed the denial, rejecting Riley's claims of improper jury instructions, ineffective assistance of counsel, arbitrary a
• Hillery Preston v. Maggio
  705 F.2d 113· 5th Cir.· 1983-05-16 ·cited 40×
  The court held that the district court erred in denying habeas corpus relief without considering the merits, as the petitioner may be able to show cause and prejudice for his failure to raise a jury composition claim at trial.
• Smith v. Fulton Rabalais, Jr.
  659 F.2d 539· 5th Cir.· 1981-10-15 ·cited 40×·via Habeas Corpus Relief
  The court held that prison officials did not abuse their discretion in refusing to provide an inmate with specific details of charges based on confidential informants, balancing prison security against the inmate's due process rights.
• Williams v. Robert F. Zahradnick & the Attorney Gen. of the State of Va.
  632 F.2d 353· 4th Cir.· 1980-10-02 ·cited 40×·via Habeas Corpus Review
  The court held that the prosecutor's repeated references to the defendant's postarrest silence, used to impeach his alibi defense, constituted a constitutional violation that was not harmless error. The court also found that the contemporaneous objection rule did not preclude rev
• Pleas v. Wainwright
  441 F.2d 56· 5th Cir.· 1971-04-15 ·cited 40×·via Federal Habeas Corpus
  The court held that evidentiary rulings, jury instructions, and sufficiency of evidence claims do not present constitutional issues cognizable on federal habeas corpus review.
• Simmons v. Bomar
  349 F.2d 365· 6th Cir.· 1965-08-09 ·cited 40×
  The court held that the district court's finding of fact that the petitioner consented to the search of his trailer was not clearly erroneous.
• Evans v. State
  995 So. 2d 933· Fla.· 2008-08-28 ·cited 39×
  Paul Evans was convicted of first-degree murder and sentenced to death for the 1991 murder of Alan Pfeiffer. On post-conviction appeal, Evans raised thirteen claims of ineffective assistance of counsel and other constitutional violations. The Florida Supreme Court affirmed the tr
• Marbel Mendoza v. State
  964 So. 2d 121· Fla.· 2007-05-24 ·cited 39×
  Marbel Mendoza appealed the denial of his Rule 3.850 motion challenging his first-degree murder conviction and death sentence, claiming ineffective assistance of trial counsel. The Florida Supreme Court reversed and remanded for a new evidentiary hearing because the circuit court
• Sweet v. Moore
  822 So. 2d 1269· Fla.· 2002-06-13 ·cited 39×
  William Earl Sweet, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, challenging his 1990 murder conviction and death sentence for the murder of Felicia Bryant. The court denied the petition, rejecting four claims including challenges to juror
• Blalock v. Rice
  707 So. 2d 738· Fla. 2d DCA· 1997-09-10 ·cited 39×
  Deborah Blalock challenged her 16-month jail sentence for indirect criminal contempt related to child support arrears, claiming serious due process violations in the trial court proceedings. The Florida Second District Court of Appeal found multiple critical errors on the face of
• Page v. United States Parole Comm'n
  651 F.2d 1083· 5th Cir.· 1981-07-27 ·cited 39×·via Habeas Corpus Relief
  The court held that the United States Parole Commission's denial of parole was not illegal, did not violate due process, and did not breach the petitioner's plea bargain.
• Earnest James Finley v. State
  394 So. 2d 215· Fla. 1st DCA· 1981-02-23 ·cited 39×
  Finley appealed the denial of his habeas corpus petition challenging his robbery conviction on double jeopardy grounds, arguing he could not be convicted of robbery when it was the underlying felony for his first-degree murder conviction. The court affirmed the denial, finding th
• Kilgore v. State
  55 So. 3d 487· Fla.· 2010-11-18 ·cited 38×
  Dean Kilgore challenges his capital murder conviction and death sentence for the 1989 prison killing of Emerson Robert Jackson through postconviction relief and habeas corpus proceedings. The Florida Supreme Court affirmed the denial of his rule 3.850 motion and denied his habeas
• Ponticelli v. State
  941 So. 2d 1073· Fla.· 2006-08-31 ·cited 38×
  Anthony Ponticelli was convicted of two counts of first-degree murder and sentenced to death. On postconviction appeal, he challenged the conviction and sentence through Rule 3.850 motion and habeas petition, raising Brady/Giglio claims, ineffective assistance of counsel claims,
• Branch v. State
  952 So. 2d 470· Fla.· 2006-08-31 ·cited 38×
  Eric Scott Branch, convicted of first-degree murder and sentenced to death, appeals the trial court's denial of his Rule 3.850 postconviction motion and petitions for a writ of habeas corpus. Branch raises numerous ineffective assistance of counsel claims at both the trial and ap
• Bradley v. State
  703 So. 2d 1176· Fla. 5th DCA· 1997-12-19 ·cited 38×
  The court is bound by prior caselaw to interpret the statute to include criminal and collateral criminal proceedings, despite reservations.
• Viqueira v. Roth
  591 So. 2d 1147· Fla. 3d DCA· 1992-01-14 ·cited 38×
  A defendant is entitled to a belated appeal when counsel fails to file a timely notice of appeal, and this entitlement is not dependent on a preliminary showing of the appeal's merits.
• Whiddon v. Dugger
  894 F.2d 1266· 11th Cir.· 1990-02-20 ·cited 38×·via Federal Habeas Corpus
  A petitioner's failure to file a state collateral relief petition within the time limit constitutes a procedural default, requiring a showing of cause and prejudice to consider federal habeas claims.
• Bennie E. Demps v. Dugger
  874 F.2d 1385· 11th Cir.· 1989-03-28 ·cited 38×·via Federal Habeas Corpus
  The court held that the record was insufficient to determine if Hitchcock error was harmless, and thus, a remand for an evidentiary hearing was necessary.
• Wheat v. Thigpen
  793 F.2d 621· 5th Cir.· 1986-06-27 ·cited 38×·via Federal Habeas Corpus
  The court held that the Mississippi Supreme Court's procedural bar was not adequate and independent, allowing federal review of the Eighth Amendment claim, and that the petitioner was competent to stand trial.
• Phelps v. Duckworth
  772 F.2d 1410· 7th Cir.· 1985-09-13 ·cited 38×·via Habeas Corpus Review
  The court held that even if the prosecutor's question was impermissible, the error was harmless because the trial court sustained the objection and instructed the jury that the defendant had no obligation to speak.
• United States v. Vernice Garrett
  565 F.2d 1065· 9th Cir.· 1977-11-08 ·cited 38×·via Federal Habeas Corpus
  The court held that the district court correctly conducted an independent inquiry into the constitutional validity of a state search warrant, irrespective of prior state court rulings, and that the affidavit supporting the warrant met constitutional standards. The court also foun
• Newman v. Henderson
  496 F.2d 896· 5th Cir.· 1974-06-28 ·cited 38×·via Federal Habeas Corpus
  Federal courts must apply state procedural waiver rules in habeas corpus proceedings unless the petitioner demonstrates actual prejudice from the alleged constitutional violation.
• Mason Braswell v. Louie L. Wainwright
  463 F.2d 1148· 5th Cir.· 1972-07-07 ·cited 38×·via Habeas Corpus Relief
  Excluding a witness for violating a sequestration rule, when the violation was not the fault of the defendant or counsel, violates the defendant's Sixth Amendment right to compulsory process and a fair trial.
• Gregory v. Tarr
  436 F.2d 513· 6th Cir.· 1971-01-26 ·cited 38×
  The court held that the Executive's conditioning of fatherhood deferments on not having received a graduate student deferment was a valid exercise of discretion authorized by statute, and thus not subject to pre-induction judicial review under the "lawless action" exception.
• Application of Larry Buffalo Chief v. State OF S.D. & Don R. Erickson
  425 F.2d 271· 8th Cir.· 1970-04-30 ·cited 38×·via Federal Habeas Corpus
  The court held that the issue of whether a conflict of interest arose during trial, depriving the petitioner of effective counsel, had not been fully and fairly presented to the South Dakota courts and therefore remanded for further proceedings in the state court.
• United States v. Turner
  421 F.2d 1251· 3d Cir.· 1970-02-10 ·cited 38×·via Habeas Corpus Relief
  The court held that the defendant was denied due process because his local selective service board failed to provide him with the means to adequately present his claim for conscientious objector status.
• Wallace v. Heinze
  351 F.2d 39· 9th Cir.· 1965-09-15 ·cited 38×
  A guilty plea waives any claim that evidence was obtained through an unreasonable search, and a district court has inherent power to grant additional time for a return in a habeas corpus proceeding.
• United States v. Smith
  337 F.2d 49· 4th Cir.· 1964-09-21 ·cited 38×·via Habeas Corpus Proceedings
  A district judge who presided over a defendant's original trial and sentencing is not disqualified from ruling on a motion to vacate sentence under 28 U.S.C. § 2255, even if the judge's recollection supplements an incomplete transcript.
• Huie v. State
  92 So. 2d 264· Fla.· 1957-01-23 ·cited 38×·via Habeas Corpus Proceedings
  William Bradford Huie appealed an appearance bond forfeiture order entered after the Florida Supreme Court dismissed his habeas corpus petition and remanded him to the custody of the Suwannee County Sheriff. The Supreme Court held that while the trial judge had jurisdiction to or