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

• Gamble v. State
  877 So. 2d 706· Fla.· 2004-05-06 ·cited 34×
  Guy Richard Gamble, sentenced to death for the 1991 murder of his landlord, challenged his conviction and sentence through post-conviction relief and habeas corpus petitions, arguing ineffective assistance of counsel and constitutional defects. The Florida Supreme Court affirmed
• Bresch v. Cal Henderson
  761 So. 2d 449· Fla. 2d DCA· 2000-06-02 ·cited 34×
  David Bresch petitioned for habeas corpus after being incarcerated for civil contempt for failure to pay child support pursuant to a domestic violence protection order. The Florida appellate court granted the petition and vacated the contempt order, finding the trial court violat
• Acencion Medrano v. State
  748 So. 2d 986· Fla.· 1999-10-14 ·cited 34×
  The Florida Supreme Court answered a certified question of great public importance: whether a defendant is entitled to file a belated Rule 3.850 collateral relief motion if he can prove his privately-retained counsel agreed to file a timely motion but failed to do so. The Court h
• Stacey v. Warden, Apalachee Corr. Inst.
  854 F.2d 401· 11th Cir.· 1988-09-02 ·cited 34×·via Federal Habeas Corpus
  The court held that the petitioner's escape does not automatically waive his right to federal habeas review for claims not reviewable on direct appeal, and that the state court's denial of coram nobis on the merits, not procedural grounds, means the federal court can review the c
• Card v. Dugger
  512 So. 2d 829· Fla.· 1987-09-15 ·cited 34×
  James Armando Card, under sentence of death, petitioned the Florida Supreme Court for a writ of habeas corpus and stay of execution scheduled for September 17, 1987. The Court denied all relief after addressing Card's claims regarding mitigating circumstances, ineffective assista
• Stevie Cole v. Young
  817 F.2d 412· 7th Cir.· 1987-04-28 ·cited 34×·via Habeas Corpus Review
  A federal court cannot hold that a state court misunderstood state law, as state courts' interpretations define state law for federal purposes. A failure to follow state law does not automatically violate the Constitution.
• Agee v. J.D. White
  809 F.2d 1487· 11th Cir.· 1987-02-13 ·cited 34×·via Habeas Corpus Review
  The court held that a confession obtained after an illegal arrest is admissible if the taint of the arrest is sufficiently attenuated by intervening circumstances, and that a suspect's subjective belief of immunity, absent police misrepresentation, does not render a Miranda waive
• Sevier v. Turner
  742 F.2d 262· 6th Cir.· 1984-08-08 ·cited 34×·via Habeas Corpus Relief
  The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
• Drake v. Francis
  727 F.2d 990· 11th Cir.· 1984-02-29 ·cited 34×·via Federal Habeas Corpus
• Eutues White v. Finkbeiner
  687 F.2d 885· 7th Cir.· 1982-03-26 ·cited 34×
  The court is compelled to concur in directing the writ to issue, finding no indication that the defendant initiated contact with officers after requesting counsel.
• Parker v. Turner
  626 F.2d 1· 6th Cir.· 1980-07-03 ·cited 34×·via Habeas Corpus Relief
• Johnson v. Presley Hardy
  601 F.2d 172· 5th Cir.· 1979-08-07 ·cited 34×·via Habeas Corpus Relief
  A prisoner's challenge to the duration of confinement, even if framed as a request for damages or declaratory relief under § 1983, is properly treated as a habeas corpus matter requiring exhaustion of state remedies.
• Shahid v. Crawford
  599 F.2d 666· 5th Cir.· 1979-07-27 ·cited 34×
  The United States Parole Commission is not required to grant parole based solely on superior institutional adjustment, and its written reasons for denial substantially complied with statutory requirements.
• Miller v. State OF N.C.
  583 F.2d 701· 4th Cir.· 1978-09-29 ·cited 34×·via Federal Habeas Corpus
  The court held that a prosecutor's racially inflammatory remarks during closing arguments in a rape trial so infected the proceedings with unfairness as to deny the defendants due process of law.
• United States ex rel. Theodore Geisler v. Walters
  510 F.2d 887· 3d Cir.· 1975-02-05 ·cited 34×·via Federal Habeas Corpus
  The court held that the petitioner had exhausted his state remedies, either through prior rulings or due to circumstances rendering the state process ineffective, and thus was entitled to federal habeas corpus relief.
• Wolfs v. Britton
  509 F.2d 304· 8th Cir.· 1975-01-31 ·cited 34×·via Federal Habeas Corpus
  The court held that the denial of a continuance, which prevented defense counsel from adequately preparing for trial, amounted to a denial of the Sixth Amendment right to effective assistance of counsel.
• Small v. Britton
  500 F.2d 299· 10th Cir.· 1974-07-30 ·cited 34×
  The court held that a parole revocation hearing is not required until a parole revocation warrant is executed, and incarceration in a state institution is a valid reason for delay in execution.
• United States ex rel. Tilden Louis Condon v. Erickson
  478 F.2d 684· 8th Cir.· 1973-04-25 ·cited 34×·via Habeas Corpus Review
  The Court held that the 1908 Act did not diminish the exterior boundaries of the Cheyenne River Indian Reservation, and therefore Eagle Butte remained within Indian Country, making the state without jurisdiction.
• HAM v. State OF N.C.
  471 F.2d 406· 4th Cir.· 1973-01-11 ·cited 34×·via Habeas Corpus Relief
  A prisoner is entitled to credit for pre-sentence confinement time, especially if indigent, even if state law and prior state court rulings deny it.
• Lovallo v. Froehlke
  468 F.2d 340· 2d Cir.· 1972-10-03 ·cited 34×
  The court held that the Army's order recalling the appellant to active duty was valid, despite the Army's delay and the appellant's mistaken belief that his enlistment had expired.
• Love v. Fitzharris
  460 F.2d 382· 9th Cir.· 1972-05-25 ·cited 34×
  An administrative reinterpretation of parole eligibility rules that disadvantages a prisoner, applied retroactively, violates the ex post facto clause.
• Harris v. Ciccone
  417 F.2d 479· 8th Cir.· 1969-10-24 ·cited 34×·via Habeas Corpus Review
  The court held that the petitioner was not denied constitutional rights during the pretrial investigation, post-trial review, or military trial, and therefore, his habeas corpus petition was properly denied.
• Losieau v. Sigler
  406 F.2d 795· 8th Cir.· 1969-02-04 ·cited 34×·via Habeas Corpus Proceedings
  A prior conviction obtained without counsel, or with an invalid sentence due to lack of counsel, cannot be used to enhance punishment under a habitual criminal statute.
• United States ex rel. David M. Levy v. Hon. Daniel McMANN
  394 F.2d 402· 2d Cir.· 1968-05-09 ·cited 34×·via Federal Habeas Corpus
  Federal courts must consider exhausted claims in habeas corpus petitions even if unexhausted claims are also present, especially if the unexhausted claims are unrelated or frivolous.
• Kuhl v. United States
  370 F.2d 20· 9th Cir.· 1966-11-18 ·cited 34×·via Federal Habeas Corpus
  A federal prisoner who, through counsel, intentionally bypasses orderly procedures for raising a Fourth Amendment search and seizure claim at trial or on direct appeal, waives that claim and cannot raise it in a subsequent Section 2255 motion.
• Lavere Redfield v. United States
  315 F.2d 76· 9th Cir.· 1963-03-06 ·cited 34×
  The court held that the defendant's privilege against self-incrimination was not violated, and that filing separate income tax returns for community income constituted separate offenses. Habeas corpus was also denied as the defendant had not shown the statutory remedy to be inade
• Clark v. State of Fla. ex rel. Kate Rubin
  122 So. 2d 807· Fla. 3d DCA· 1960-09-12 ·cited 34×
  The Florida District Court of Appeal reversed a circuit court's discharge of a patient from psychiatric hospitalization, holding that the circuit court lacked jurisdiction to review the propriety of a county judge's commitment order on habeas corpus. The decision clarifies that h
• MacKENNA v. Ellis
  263 F.2d 35· 5th Cir.· 1959-01-16 ·cited 34×
  The majority opinion, which the dissenting judge disagrees with, found that two claims presented grounds for habeas corpus relief.
• McCALL v. The State of Fla. Ex rel. E. R. Daniels
  156 Fla. 437· Fla.· 1945-10-05 ·cited 34×
  A Panama City police chief sought to enforce an ordinance prohibiting consumption of beer in licensed businesses during wartime, but the Florida Supreme Court discharged the defendant on habeas corpus, holding the ordinance unconstitutionally vague because it failed to clearly de
• Thomas v. Attorney Gen., State of Fla.
  992 F.3d 1162· 11th Cir.· 2021-03-31 ·cited 33×·via Federal Habeas Corpus
  William Greg Thomas, a Florida death row inmate, challenged the timeliness of his federal habeas petition, which was filed nearly nine months after AEDPA's one-year deadline expired because his appointed counsel, Mary Catherine Bonner, deliberately delayed filing to use his case
• Brant v. State
  197 So. 3d 1051· Fla.· 2016-06-30 ·cited 33×
  Charles Grover Brant appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus following his death sentence for the murder and sexual assault of Sara Radfar. The Florida Supreme Court affirms the deni
• Salazar v. State
  188 So. 3d 799· Fla.· 2016-02-18 ·cited 33×
  Neil Salazar was convicted of first-degree murder and sentenced to death for the 2000 killing of Evelyn Nutter during a home invasion and robbery. The Florida Supreme Court affirmed his conviction but remanded for a new penalty phase due to ineffective assistance of counsel for f
• Reed v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State Of Fla.
  767 F.3d 1252· 11th Cir.· 2014-09-24 ·cited 33×·via Habeas Corpus Relief
  Kelvin Leon Reed was convicted of vehicular homicide for striking two pedestrians while driving under the influence and sentenced to 35 years' imprisonment. Reed claimed his trial counsel rendered ineffective assistance under Strickland v. Washington by failing to investigate and
• Minor v. State
  963 So. 2d 797· Fla. 3d DCA· 2007-07-25 ·cited 33×
  Herman Minor, a prisoner serving a sentence for manslaughter and firearms possession since 1994, appealed the denial of his habeas corpus petition after filing his tenth post-conviction motion. The court affirmed the denial and prohibited Minor from filing further pro se appeals
• Jones v. State
  949 So. 2d 1021· Fla.· 2006-12-14 ·cited 33×
  David Wyatt Jones challenges his death sentence for murdering Lori McRae by raising claims of ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the trial court's denial of post-conviction relief and habeas corpus petition, rejecting all ine
• Melton v. State
  949 So. 2d 994· Fla.· 2006-11-30 ·cited 33×
  Antonio Melton appeals the denial of his Rule 3.850 motion seeking postconviction relief and petitions for a writ of habeas corpus in this Florida capital case. Melton was convicted of first-degree felony murder and armed robbery in the death of George Carter during a pawn shop r
• Meeks v. Moore
  216 F.3d 951· 11th Cir.· 2000-06-27 ·cited 33×·via Habeas Corpus Review
  Douglas Ray Meeks, an African-American man, was convicted of two murders in Taylor County, Florida in 1974-1975: the stabbing death of Chevis Thompson during a robbery attempt at the Majik Market, and the shooting death of Lloyd Walker during a robbery at the Junior Food Store. T
• Sawyer v. Whitley
  945 F.2d 812· 5th Cir.· 1991-10-10 ·cited 33×·via Federal Habeas Corpus
  The court held that a petitioner seeking to raise successive or abusive habeas claims must demonstrate actual innocence of the death penalty, which requires showing a fair probability that a rational trier of fact would have entertained a reasonable doubt as to the existence of t
• Rogers v. McMULLEN
  673 F.2d 1185· 11th Cir.· 1982-04-19 ·cited 33×·via Habeas Corpus Review
  A habeas petitioner is entitled to relief only upon a showing that a juror was actually biased or incompetent, not merely that the juror was statutorily disqualified or underage.
• Perez v. Louie L. Wainwright
  640 F.2d 596· 5th Cir.· 1981-03-23 ·cited 33×·via Federal Habeas Corpus
  The failure of retained counsel to file a promised appeal constitutes a Sixth Amendment violation, entitling the defendant to an out-of-time appeal.
• Meyer v. Estelle
  621 F.2d 769· 5th Cir.· 1980-07-16 ·cited 33×·via Federal Habeas Corpus
  The court held that the petitioner's claims for federal habeas relief based on alleged trial errors, including improper evidence admission, prosecutorial misconduct, and suggestive identification procedures, were without merit.
• Favre v. Henderson
  464 F.2d 359· 5th Cir.· 1972-06-13 ·cited 33×
• Schnautz v. Beto
  416 F.2d 214· 5th Cir.· 1969-09-11 ·cited 33×
• State v. McGreary
  123 Fla. 9· Fla.· 1936-02-21 ·cited 33×·via Habeas Corpus Proceedings
  This case involves a habeas corpus proceeding where Antonio Florio challenged his arrest under an executive warrant of extradition issued by the Governor of Florida in response to a Connecticut requisition for charges of conspiracy and theft. The Florida Supreme Court reversed th
• Liberis v. Harper
  89 Fla. 477· Fla.· 1925-06-03 ·cited 33×·via Habeas Corpus Review
  In this habeas corpus proceeding, the Florida Supreme Court held that while the City of Pensacola had statutory authority to regulate billiard tables and similar establishments, the arrest and detention of Charles Liberis was unlawful because the affidavit supporting the arrest w
• Long v. Sec'y, Dep't OF Corr., Warden, Fla. State Prison, John Does, as designee of Barry Reddish, and/or Mark S. Inch
  924 F.3d 1171· 11th Cir.· 2019-05-22 ·cited 32×·via Federal Habeas Corpus
• Davis v. State
  142 So. 3d 867· Fla.· 2014-07-07 ·cited 32×
  Eddie Wayne Davis, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief filed after his death warrant was signed, raising three claims: an as-applied Eighth Amendment challenge to Florida's lethal injection protocol based on a
• Duckett v. State
  918 So. 2d 224· Fla.· 2005-10-06 ·cited 32×
  James Duckett, a police officer convicted of first-degree murder and sexual battery in the 1987 death of an 11-year-old girl, appeals the denial of his Rule 3.850 postconviction motion and petitions for habeas corpus. The Florida Supreme Court affirms the denial, rejecting claims
• Merdian v. Cochran
  654 So. 2d 573· Fla. 4th DCA· 1995-04-07 ·cited 32×
  The court held that the trial court improperly revoked the petitioner's bond without following the correct procedural rules and constitutional requirements for pretrial release.
• Smith v. Lanson Newsome and Michael Bowers
  876 F.2d 1461· 11th Cir.· 1989-06-19 ·cited 32×·via Federal Habeas Corpus
  The court held that the trial court did not err in its handling of potential conflicts of interest regarding joint representation and that faulty jury instructions on intent were harmless error given the facts of the case.