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

• United States ex rel. Quinn v. Hunter
  162 F.2d 644· 7th Cir.· 1947-06-13 ·cited 38×·via Writ Of Habeas Corpus Ad Subjiciendum
  The court held that the District Court lacked jurisdiction to entertain a motion to correct a sentence after the term of its entry and lacked jurisdiction in a habeas corpus proceeding where the alleged unlawful restraint was outside its territorial jurisdiction, even if the part
• Jackson v. Neff
  64 Fla. 326· Fla.· 1912-06-01 ·cited 38×·via Habeas Corpus Proceedings
  The Florida Supreme Court upheld the constitutionality of a 1911 statute imposing license taxes on automobiles and motor vehicles used on public roads. The court rejected a habeas corpus challenge and reversed the discharge of a defendant charged with violating the licensing requ
• Seibert v. State
  64 So. 3d 67· Fla.· 2011-04-14 ·cited 37×
  Michael Seibert was convicted of first-degree murder and sentenced to death for the 1998 killing and dismemberment of an 18-year-old victim. On appeal, the Florida Supreme Court affirmed the denial of his postconviction motion for relief, rejected his habeas corpus petition, and
• Miller v. Fenton
  796 F.2d 598· 3d Cir.· 1986-06-26 ·cited 37×·via Habeas Corpus Review
  The court held that the majority opinion failed to consider the totality of circumstances in determining the voluntariness of the confession, selectively using facts and ignoring evidence of coercion.
• Oliver v. Louie L. Wainwright
  782 F.2d 1521· 11th Cir.· 1986-02-24 ·cited 37×·via Habeas Corpus Relief
  The court held that the joint representation of co-defendants did not create an actual conflict of interest that adversely affected counsel's performance, as the alternative defense theory was not plausible based on the evidence.
• Henyard v. McDONOUGH
  459 F.3d 1217· 11th Cir.· 2006-08-11 ·cited 36×·via Habeas Corpus Review
  Richard Henyard was convicted in 1994 of carjacking Dorothy Lewis and her two children, murdering the children (Jasmine, age 3, and Jamilya, age 7), and raping and attempting to murder Dorothy Lewis. He was sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Heny
• Eldridge v. Moore
  760 So. 2d 888· Fla.· 2000-04-13 ·cited 36×
  James Eldridge petitions for habeas corpus challenging the Department of Corrections' forfeiture of 2,573 days of gain time after his probation was revoked and he was resentenced to five years. The Florida Supreme Court holds that the Department has statutory authority to forfeit
• Bryan v. State
  748 So. 2d 1003· Fla.· 1999-10-26 ·cited 36×
  Anthony Braden Bryan, scheduled for execution, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas petition raising multiple claims of ineffective assistance of counsel, Brady violations, and other grounds. The Florida Supreme Court affirmed the trial c
• Abel Rivera v. Singletary
  707 So. 2d 326· Fla.· 1998-02-19 ·cited 36×
  The Florida Parole Commission has broad statutory authority to grant or deny credit for time spent on Conditional Release when that release is revoked due to a violation.
• Buenoano v. Dugger
  559 So. 2d 1116· Fla.· 1990-04-05 ·cited 36×
  Judy Buenoano, under a death sentence for murder, petitioned for habeas corpus relief and appealed the denial of her rule 3.850 motion for postconviction relief. The Florida Supreme Court rejected all twenty-one claims, including procedurally barred issues and ineffective assista
• Moore v. Zant
  885 F.2d 1497· 11th Cir.· 1989-09-28 ·cited 36×·via Habeas Corpus Relief
• Sullivan v. Fairman
  819 F.2d 1382· 7th Cir.· 1987-05-22 ·cited 36×·via Habeas Corpus Proceedings
  The court affirmed the district court's grant of a writ of habeas corpus, finding that the petitioner was denied the effective assistance of counsel.
• Kirkpatrick v. Blackburn
  777 F.2d 272· 5th Cir.· 1985-11-26 ·cited 36×·via Habeas Corpus Relief
  The court denied the petition for rehearing, finding that the prosecutor's remarks, when viewed as a whole, did not deny the defendant due process.
• Williams v. Duckworth
  724 F.2d 1439· 7th Cir.· 1984-01-05 ·cited 36×·via Federal Habeas Corpus
  A federal court may not consider a habeas claim that a state prisoner has waived by failing to raise it in state court proceedings, absent a showing of 'cause' for the failure and 'prejudice' resulting therefrom.
• Raper v. Mintzes
  706 F.2d 161· 6th Cir.· 1983-04-27 ·cited 36×·via Habeas Corpus Relief
  The prosecutor's comments on the uncontradicted nature of the evidence did not violate the petitioner's right against self-incrimination because the evidence could have been contradicted by sources other than the petitioner, and the comments were a permissible rebuttal to defense
• Sammie Felder, Jr. v. W.J. Estelle, Jr.
  693 F.2d 549· 5th Cir.· 1982-12-14 ·cited 36×
  A state sovereign, through authorized representatives, can waive the habeas exhaustion requirement, as comity serves the state's sovereign interest.
• DOE v. Gallinot
  657 F.2d 1017· 9th Cir.· 1981-09-10 ·cited 36×·via Habeas Corpus Review
  The court held that the Lanterman-Petris-Short Act's provisions allowing 14-day involuntary commitment without a mandatory probable cause hearing violate the due process clause of the Fourteenth Amendment. The court also affirmed the district court's injunctive relief.
• Vagner v. Louie L. Wainwright
  398 So. 2d 448· Fla.· 1981-05-07 ·cited 36×
  The Florida Supreme Court held that ineffective assistance claims based on inadequacy or incompetence of retained counsel are cognizable grounds for challenging convictions, overruling prior precedent that had barred such claims. The court rejected distinctions between retained a
• Graham v. Mabry
  645 F.2d 603· 8th Cir.· 1981-04-03 ·cited 36×·via Federal Habeas Corpus
  The court held that the petitioner failed to establish sufficient cause for not challenging a juror for cause or using a peremptory challenge, and thus could not raise the issue on federal habeas corpus. The court also held that the pretrial publicity did not render the jury impa
• Jones v. Estelle
  622 F.2d 124· 5th Cir.· 1980-07-21 ·cited 36×·via Habeas Corpus Relief
  The court affirmed the denial of the habeas corpus petition, finding no constitutional error in the state court proceedings.
• United States ex rel. Clinton Burnett v. People OF the State OF Ill.
  619 F.2d 668· 7th Cir.· 1980-04-22 ·cited 36×·via Habeas Corpus Relief
  The court held that the petitioner's claims of due process violations based on an eleven-member jury, knowing use of perjured testimony, and prosecutorial misconduct were without merit.
• Harris v. Young
  607 F.2d 1081· 4th Cir.· 1979-10-19 ·cited 36×·via Habeas Corpus Relief
  A mistrial declared sua sponte by the judge due to discovery noncompliance, without considering less drastic alternatives, was not supported by manifest necessity. Therefore, a subsequent retrial and conviction violated the Double Jeopardy Clause.
• Goodloe v. Parratt
  605 F.2d 1041· 8th Cir.· 1979-08-28 ·cited 36×·via Federal Habeas Corpus
  The court held that the conviction for operating a motor vehicle to avoid arrest was obtained in violation of due process due to a fundamentally unfair trial stemming from lack of notice regarding the essential elements of the offense. The court abstained from ruling on the doubl
• Rodriguez v. McGINNIS
  456 F.2d 79· 2d Cir.· 1972-01-25 ·cited 36×·via Federal Habeas Corpus
  The court affirmed the district court's orders releasing petitioners, holding that their claims for good behavior time credit were properly considered under the habeas corpus statute, which requires exhaustion of state remedies.
• United States ex rel. Edwin Gockley v. Myers
  411 F.2d 216· 3d Cir.· 1969-04-30 ·cited 36×·via Federal Habeas Corpus
  The court held that exceptional circumstances, including significant delay and prior federal court involvement, warranted the District Court deciding the voluntariness of the petitioner's confessions, despite the general rule of exhausting state remedies.
• Smith v. State OF Kan.
  356 F.2d 654· 10th Cir.· 1966-02-07 ·cited 36×·via Federal Habeas Corpus
  The court held that inordinate delay in adjudicating a state post-conviction remedy can constitute a denial of due process, entitling a petitioner to federal habeas corpus relief.
• Colliflower v. Garland
  342 F.2d 369· 9th Cir.· 1965-02-04 ·cited 36×
  The district court erred in quashing the writ of habeas corpus, as federal courts do have jurisdiction to inquire into the legality of imprisonment by tribal courts.
• Hunt v. Warden, Maryland Penitentiary
  335 F.2d 936· 4th Cir.· 1964-08-03 ·cited 36×·via Federal Habeas Corpus
  The court held that while the exhaustion doctrine is rooted in comity, federal courts must intervene when state remedies are demonstrably ineffective or absent. A petitioner's failure to appeal a state court denial, especially when acting without counsel or under a misunderstandi
• Stewart v. Overholser
  186 F.2d 339· D.C. Cir.· 1950-11-09 ·cited 36×
  The court held that a substantial passage of time (twenty months) since a prior determination of mental incompetency, coupled with continued institutionalization, presents a new factual issue of present sanity, requiring a hearing on a habeas corpus petition.
• Lamarca v. State
  931 So. 2d 838· Fla.· 2006-04-20 ·cited 35×
  Anthony Lamarca was convicted of first-degree murder and sentenced to death after representing himself during the penalty phase and waiving mitigation evidence. On post-conviction review, the Florida Supreme Court affirmed the denial of his Rule 3.851 motion and petition for habe
• Quang BUI v. Haley
  321 F.3d 1304· 11th Cir.· 2003-02-19 ·cited 35×·via Habeas Corpus Review
  The dissenting judge argues that the majority incorrectly applied the Batson framework by conflating its steps and improperly heightening the prosecution's burden of production. The dissent asserts that the prosecution met its minimal burden at Batson's step two by articulating f
• Lenson A. Hargrave v. Dugger
  832 F.2d 1528· 11th Cir.· 1987-11-13 ·cited 35×·via Habeas Corpus Review
  The court held that federal courts should proceed to the merits of a Lockett claim if Florida courts have indicated they will not apply procedural default rules to such claims.
• Bundy v. Louie L. Wainwright
  808 F.2d 1410· 11th Cir.· 1987-01-15 ·cited 35×·via Federal Habeas Corpus
  The district court erred in denying the habeas corpus petition and stay of execution, and its judgment must be reversed and remanded for proper consideration of the constitutional issues.
• Hayes v. Kincheloe
  784 F.2d 1434· 9th Cir.· 1986-03-19 ·cited 35×
  A guilty plea is involuntary if the defendant does not receive actual notice of the true nature of the charge against him or possess an understanding of the law in relation to the facts.
• Barber v. Ponte
  772 F.2d 982· 1st Cir.· 1985-04-04 ·cited 35×
  The dissenting judge believes the majority opinion is unsupported by law or the record.
• Ross v. Kemp
  756 F.2d 1483· 11th Cir.· 1985-03-25 ·cited 35×·via Habeas Corpus Relief
• United States ex rel. Sidney Foster v. DeROBERTIS
  741 F.2d 1007· 7th Cir.· 1984-08-16 ·cited 35×·via Habeas Corpus Review
  The court held that the district court correctly denied the habeas corpus petition, finding no constitutional error in the state court proceedings regarding competency, sufficiency of evidence, or evidentiary rulings.
• Washington v. Strickland
  673 F.2d 879· 5th Cir.· 1982-04-23 ·cited 35×·via Habeas Corpus Proceedings
  The court held that a defendant's attorney's tactical decisions, even if unsuccessful in retrospect, do not constitute ineffective assistance of counsel if they were reasoned professional judgments.
• United States ex rel. Bruce Barksdale v. Blackburn
  639 F.2d 1115· 5th Cir.· 1981-03-16 ·cited 35×·via Habeas Corpus Review
  The court held that the appellant established a prima facie case of racial discrimination in jury selection, and the state failed to rebut this case.
• Bryson v. State OF Ala.
  634 F.2d 862· 5th Cir.· 1981-01-20 ·cited 35×·via Habeas Corpus Relief
  The erroneous admission of evidence of a prior conviction and escape, while not fundamentally unfair for the conviction itself due to overwhelming evidence of guilt, was a crucial factor in the jury's sentencing decision, thus entitling the petitioner to habeas corpus relief from
• Leonard v. Louie L. Wainwright
  601 F.2d 807· 5th Cir.· 1979-08-29 ·cited 35×·via Federal Habeas Corpus
  The court held that a federal habeas corpus petition was properly dismissed without prejudice for failure to exhaust state remedies, as indicated by the petitioner's own response on the application form.
• United States ex rel. William Stanbridge v. Zelker
  514 F.2d 45· 2d Cir.· 1975-04-15 ·cited 35×
  The court held that the district judge erred in granting a writ of habeas corpus based on the Bruton rule, as the confessions of co-defendants interlocked and did not violate the petitioner's Sixth Amendment rights. The court affirmed the denial of the other habeas corpus claims.
• Pugh v. Rainwater
  483 F.2d 778· 5th Cir.· 1973-08-15 ·cited 35×
  The court held that the Fourteenth Amendment requires arrestees held for trial upon informations filed by the state attorney to be afforded preliminary hearings before a judicial officer without unnecessary delay, and that Florida's practice of allowing the state attorney's certi
• Chavez v. Sec'y, Fla. Dep't OF Corr.
  742 F.3d 940· 11th Cir.· 2014-02-10 ·cited 34×·via Federal Habeas Corpus
  Juan Carlos Chavez, a death row inmate scheduled for execution, appealed the district court's denial of his request for appointment of counsel to investigate and litigate claims based on Martinez v. Ryan. The Eleventh Circuit affirmed the denial, holding that Martinez creates onl
• Griffin v. State
  114 So. 3d 890· Fla.· 2013-05-16 ·cited 34×
  Michael Joseph Griffin, convicted of two counts of first-degree murder and sentenced to death, appealed his conviction and sentence, raising claims of ineffective assistance of counsel regarding his guilty plea and penalty phase, Brady violations, and sentence disparity. The Flor
• Kokal v. Sec'y, Dep't OF Corr., Fla. Attorney Gen.
  623 F.3d 1331· 11th Cir.· 2010-10-18 ·cited 34×·via Habeas Corpus Review
  Gregory Alan Kokal was convicted of first-degree murder and sentenced to death for the 1983 killing of Jeffrey Russell, a Navy sailor, during a robbery. Kokal claimed on federal habeas review that his trial counsel was constitutionally ineffective under the Sixth Amendment for fa
• Johnson v. State
  44 So. 3d 198· Fla. 4th DCA· 2010-09-15 ·cited 34×
  The court held that the appellant's post-conviction petition and subsequent appeal were frivolous, abusive, and not brought in good faith, warranting referral for disciplinary procedures.
• Holland v. State
  916 So. 2d 750· Fla.· 2005-11-10 ·cited 34×
  Albert Holland appeals the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for killing a police officer during an attempted robbery and s
• State v. Donn A. Duncan
  894 So. 2d 817· Fla.· 2004-11-24 ·cited 34×
  Duncan, convicted of murdering his fiancée in 1990 and sentenced to death, appealed the trial court's grant of a new penalty phase based on ineffective assistance of counsel. The Florida Supreme Court affirmed, holding that penalty phase counsel was ineffective for failing to pre
• Dillbeck v. State
  882 So. 2d 969· Fla.· 2004-08-26 ·cited 34×
  Donald Dillbeck, a death row inmate, appeals the denial of his post-conviction motion for relief under Florida Rule of Criminal Procedure 3.850, raising claims of ineffective assistance of counsel. The Florida Supreme Court affirms the denial of his claim that counsel conceded gu