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

• Johnson v. Dugger
  523 So. 2d 161· Fla.· 1988-04-11 ·cited 31×
  Marvin Johnson, a death row inmate with a second execution warrant signed, sought habeas corpus relief and a stay of execution. The Florida Supreme Court denied his petition after reviewing five claims of constitutional error, finding none of them meritorious or demonstrating gro
• Waterhouse v. State
  522 So. 2d 341· Fla.· 1988-02-11 ·cited 31×
  Robert Brian Waterhouse was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated his death sentence due to the trial court's failure to instruct the jury to consider nonstatutory mitigating circumstances, violating
• Cooper v. Louie L. Wainwright
  807 F.2d 881· 11th Cir.· 1986-12-19 ·cited 31×·via Federal Habeas Corpus
  The court held that the doctrine of Wainwright v. Sykes and Murray v. Carrier does not bar review of the petitioner's claim that the trial court unconstitutionally excluded mitigating evidence.
• Marrow v. United States
  772 F.2d 525· 9th Cir.· 1985-09-24 ·cited 31×
  A district court may not summarily dismiss a habeas corpus petition alleging matters outside the record that, if true, could justify setting aside a guilty plea, without an evidentiary hearing.
• MacHin v. Louie L. Wainwright
  758 F.2d 1431· 11th Cir.· 1985-04-25 ·cited 31×·via Habeas Corpus Review
  The court held that the late disclosure of the word "silencio" did not render the trial fundamentally unfair, and the evidence was sufficient to support the convictions.
• Hobbs v. Blackburn
  752 F.2d 1079· 5th Cir.· 1985-02-14 ·cited 31×·via Federal Habeas Corpus
  A guilty plea is valid if entered voluntarily, knowingly, and intelligently, even if the state trial judge fails to explain all elements or lesser included offenses, provided the defendant understood the charge and consequences.
• Snow v. Quinault Indian Nation
  709 F.2d 1319· 9th Cir.· 1983-07-07 ·cited 31×·via Habeas Corpus Relief
  Tribal sovereign immunity bars a suit challenging a tribal business tax, and claims under the Indian Civil Rights Act are limited to habeas corpus relief in federal court.
• Caplan v. Vokes
  649 F.2d 1336· 9th Cir.· 1981-07-06 ·cited 31×·via Habeas Corpus Review
  The court held that the statute of limitations was not tolled for Caplan's flight and that the district court failed to adequately establish dual criminality and the principle of specialty for the remaining charges, requiring a remand.
• Lenson A. Hargrave v. State
  396 So. 2d 1127· Fla.· 1981-04-02 ·cited 31×
  The court held that issues raised in a motion to vacate sentence were either raised or could have been raised on direct appeal, or involved changes in decisional law not cognizable in such a motion.
• Der-Rong Chour v. Immigr. & Naturalization Serv.
  578 F.2d 464· 2d Cir.· 1978-04-28 ·cited 31×
• In re Proposed Florida Appellate Rules
  351 So. 2d 981· Fla.· 1977-10-27 ·cited 31×
  The Court adopts the Florida Rules of Appellate Procedure (1977 Revision) with specific amendments and directs their publication with accompanying commentary.
• Fain v. Duff
  488 F.2d 218· 5th Cir.· 1973-12-07 ·cited 31×
  The court's denial of rehearing en banc is dissented from, arguing the majority opinion improperly uses habeas corpus to prelitigate constitutional defenses in state criminal prosecutions.
• Granton Stanwood McHENRY v. People OF the State OF Cal.
  447 F.2d 470· 9th Cir.· 1971-08-24 ·cited 31×·via Habeas Corpus Relief
  The court held that a change in a defendant's status as a convicted felon after the date of firearm possession does not exempt them from prosecution under the relevant statute.
• Shiflett v. Commonwealth OF Va.
  447 F.2d 50· 4th Cir.· 1971-06-24 ·cited 31×·via Habeas Corpus Relief
  The judge, initially concurring with the panel majority, now joins the en banc opinion, agreeing with prospective application of the decision.
• State of Fla. ex rel. Louie L. Wainwright v. Holley
  234 So. 2d 409· Fla. 2d DCA· 1970-04-17 ·cited 31×
  The State of Florida challenged a circuit court order requiring delivery of a parolee to the Sheriff of Pinellas County after the parolee filed a petition for writ of injunction challenging parole revocation proceedings. The court held that the circuit court lacked venue to hear
• Kinard v. Cochran
  113 So. 2d 843· Fla.· 1959-08-05 ·cited 31×
  The Florida Supreme Court granted a writ of habeas corpus, ordering the discharge of a minor petitioner because the state failed to provide required statutory notice to his parents or guardian before his trial. This decision emphasizes the importance of procedural safeguards for
• Enoch D. Hall v. State
  212 So. 3d 1001· Fla.· 2017-02-09 ·cited 30×
  The Florida Supreme Court affirmed the postconviction court's denial of Hall's motion to vacate his first-degree murder conviction and death sentence, and denied his habeas petition. Hall was convicted of murdering Corrections Officer Donna Fitzgerald while imprisoned and claimed
• Victorino v. State
  127 So. 3d 478· Fla.· 2013-10-10 ·cited 30×
  Troy Victorino was convicted of six counts of first-degree murder and sentenced to death. On appeal of his postconviction relief motion, he challenged numerous aspects of his trial, including claims of ineffective assistance of counsel under Strickland v. Washington and a constit
• Cary Michael Lambrix v. State
  39 So. 3d 260· Fla.· 2010-04-15 ·cited 30×
  Cary Michael Lambrix, convicted of two 1983 murders and sentenced to death, appealed the denial of his successive motion for postconviction relief. The Florida Supreme Court affirmed the denial, rejecting claims that the State withheld exculpatory evidence regarding a witness's a
• Raleigh v. State
  932 So. 2d 1054· Fla.· 2006-06-01 ·cited 30×
  Bobby Raleigh, convicted of two counts of first-degree murder and sentenced to death, appeals the denial of his rule 3.851 motion for postconviction relief and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denial of all postconviction
• Henry v. State
  937 So. 2d 563· Fla.· 2006-05-25 ·cited 30×
  Robert Henry appeals the denial of his Rule 3.850 postconviction motion for relief and petitions for a writ of habeas corpus in this capital murder case. The Florida Supreme Court affirms the denial of postconviction relief, finding no ineffective assistance of counsel at trial o
• Chadwick D. Banks v. State
  842 So. 2d 788· Fla.· 2003-03-20 ·cited 30×
  Chadwick Banks, a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition, challenging his death sentence on grounds of ineffective assistance of counsel and constitutional defects in Florida's deat
• Shere v. Moore
  830 So. 2d 56· Fla.· 2002-09-12 ·cited 30×
  Richard Earl Shere, sentenced to death for first-degree murder, petitions for habeas corpus relief, claiming his appellate counsel was ineffective for failing to raise proportionality arguments based on his codefendant's life sentence for second-degree murder. The Florida Supreme
• Kight v. State
  784 So. 2d 396· Fla.· 2001-01-18 ·cited 30×
  Charles Michael Kight, a death row inmate, appealed the trial court's denial of his second Rule 3.850 postconviction motion based on newly discovered evidence of his codefendant Gary Hutto's confession to the murder. The Florida Supreme Court affirmed the denial, holding that the
• Hickman v. State
  581 So. 2d 942· Fla. 2d DCA· 1991-06-12 ·cited 30×
  William Hickman appeals the summary denial of his motion for postconviction relief, claiming he requested an appeal from his 1985 conviction but his trial attorney failed to file it. The court affirms the denial as to most issues barred by the two-year limitations period and succ
• Richmond v. Lewis
  948 F.2d 1473· 9th Cir.· 1990-12-26 ·cited 30×·via Habeas Corpus Review
  The court held that the panel erred in its harmless error analysis by incorrectly assuming Arizona is not a weighing state, which requires reevaluation when an invalid aggravating factor is present.
• Cary Michael Lambrix v. State
  559 So. 2d 1137· Fla.· 1990-04-26 ·cited 30×
  Cary Michael Lambrix, a death row inmate, appealed the denial of his habeas corpus petition, claiming his collateral counsel was ineffective for failing to raise a juror misconduct claim in his prior postconviction motion. The Florida Supreme Court rejected the claim, finding the
• Bryan v. Warden, Ind. State Reformatory
  820 F.2d 217· 7th Cir.· 1987-05-15 ·cited 30×·via Habeas Corpus Relief
  The court held that the voluntariness of a Miranda waiver is a factual determination entitled to deference under 28 U.S.C. § 2254(d), and that the appellant waived his due process claim by failing to raise it on rehearing.
• Woodard v. Sargent
  806 F.2d 153· 8th Cir.· 1986-11-20 ·cited 30×·via Federal Habeas Corpus
  The Court held that while the conviction for capital felony murder stands, the death sentence must be set aside due to an unconstitutional aggravating circumstance and ineffective assistance of counsel during the penalty phase.
• Rafeal Ramirez-Durazo v. Immigr. & Naturalization Serv.
  794 F.2d 491· 9th Cir.· 1986-07-14 ·cited 30×·via Habeas Corpus Review
  The court held that it lacked jurisdiction to hear a direct appeal from an exclusion order, and that the denial of suspension of deportation for the other petitioners was not an abuse of discretion as they failed to demonstrate extreme hardship.
• Francois v. Louie L. Wainwright
  470 So. 2d 685· Fla.· 1985-05-22 ·cited 30×
  The court held that a successive habeas corpus petition raising claims previously presented and denied is not cognizable, and even if considered, the claim of ineffective assistance of appellate counsel failed to meet the Strickland standard.
• Ivie Clay v. Dir., Juv. Div., Dep't OF Corr.
  749 F.2d 427· 7th Cir.· 1984-11-16 ·cited 30×·via Federal Habeas Corpus
  The court held that a lawyer's decision not to appeal is not automatically ineffective assistance of counsel, especially when an appeal would be futile or incur significant costs.
• McCOWN v. Callahan
  726 F.2d 1· 1st Cir.· 1984-01-27 ·cited 30×·via Federal Habeas Corpus
  The court held that the petitioner's claims were procedurally barred under Wainwright v. Sykes, and that his statements were not obtained in violation of Miranda rights because he was not in custody.
• Gray v. Eddie Lucas & the State of Miss.
  710 F.2d 1048· 5th Cir.· 1983-07-15 ·cited 30×·via Habeas Corpus Relief
  The court held that the petitioner's claims, including present insanity, improper jury instructions, prosecutorial misconduct, proportionality review, vague aggravating factors, cruel and unusual punishment, and ineffective assistance of counsel, did not warrant federal habeas co
• Nash v. Israel
  707 F.2d 298· 7th Cir.· 1983-05-19 ·cited 30×
  The court held that a guilty plea is invalid if the trial court fails to establish on the record that the defendant understood the elements of the charge, particularly when the defendant explicitly states confusion.
• Goode v. Louie L. Wainwright
  704 F.2d 593· 11th Cir.· 1983-05-02 ·cited 30×·via Habeas Corpus Relief
  The court held that the trial court adequately addressed the appellant's competence to stand trial and to waive counsel, and that the appellant knowingly and intelligently waived his right to counsel. However, the court found merit in the claim that the trial court improperly rel
• Ross v. W.J. Estelle, Jr.
  694 F.2d 1008· 5th Cir.· 1983-01-03 ·cited 30×
  The court held that the denial of the writ of habeas corpus was proper because the appellant's claims of constitutional error, including denial of compulsory process and ineffective assistance of counsel, lacked merit.
• Williams v. Holbrook
  691 F.2d 3· 1st Cir.· 1982-09-23 ·cited 30×
  The court held that the petitioner had sufficiently presented her sixth amendment claims to the state courts, satisfying the exhaustion requirement, and that her escape did not constitute an abuse of the writ warranting dismissal.
• United States ex rel. Otis Williams & A. D. Clark v. Franzen
  687 F.2d 944· 7th Cir.· 1982-08-20 ·cited 30×·via Habeas Corpus Relief
  The court held that a conflict of interest adversely affecting a lawyer's performance warrants habeas relief, even if the state court applied an improper prejudice standard or if a petitioner arguably waived the claim on appeal.
• Fields v. Wyrick
  682 F.2d 154· 8th Cir.· 1982-04-23 ·cited 30×·via Habeas Corpus Relief
  A defendant's waiver of counsel for a polygraph examination does not extend to subsequent post-test interrogation, and the government must prove a knowing and intelligent waiver for such interrogation.
• Edmond Jackson v. Fogg
  589 F.2d 108· 2d Cir.· 1978-12-19 ·cited 30×·via Habeas Corpus Review
  The court held that the admission of identification testimony from three eyewitnesses, tainted by suggestive police procedures, constituted a denial of due process.
• Sylvander v. NEW England Home FOR Little Wanderers
  584 F.2d 1103· 1st Cir.· 1978-09-29 ·cited 30×·via Federal Habeas Corpus
  The court held that the § 1983 claim was barred by res judicata and collateral estoppel, and that federal habeas corpus jurisdiction does not extend to state child custody disputes.
• Craig v. Warden Sam P. Garrison
  549 F.2d 306· 4th Cir.· 1977-02-07 ·cited 30×
  When a pro se litigant's notice of appeal is filed within the extension period, the court must advise the litigant of the requirements for excusable neglect before deeming it untimely.
• Haefeli v. Chernoff
  526 F.2d 1314· 5th Cir.· 1975-12-15 ·cited 30×
  The court held that the warrantless search of the automobile was permissible under the automobile exception due to exigent circumstances and probable cause, and that the subsequent search warrant for the apartment was validly issued based on sufficient probable cause.
• United States ex rel. James Allum v. Twomey
  484 F.2d 740· 7th Cir.· 1973-08-20 ·cited 30×·via Federal Habeas Corpus
  A deliberate tactical decision by competent counsel not to object to the admission of evidence at trial can waive the client's right to claim constitutional error, even if the decision was an oversight by counsel.
• Smith v. Spina
  477 F.2d 1140· 3d Cir.· 1973-04-24 ·cited 30×·via Federal Habeas Corpus
  The court held that a state tort claim, even if arising from the same facts as a federal civil rights claim, is governed by state law and requires proper pleading for federal jurisdiction. The court also found no reversible error in the trial court's evidentiary rulings or jury i
• Gomez v. Beto
  462 F.2d 596· 5th Cir.· 1972-07-14 ·cited 30×·via Habeas Corpus Relief
  The court held that the failure of defense counsel to investigate the appellant's sole defense (alibi) and subpoena witnesses constituted ineffective assistance of counsel.
• Leavitt v. Howard
  462 F.2d 992· 1st Cir.· 1972-05-24 ·cited 30×·via Habeas Corpus Proceedings
  The court held that the district court erred in disregarding the state court's findings of fact regarding consent to search, as the state court's findings were supported by the record and no statutory exceptions under 28 U.S.C. § 2254(d) were met.
• Thompkins v. U. S. Bd. OF Parole
  427 F.2d 222· 5th Cir.· 1970-06-15 ·cited 30×
  The determination of eligibility for parole is wholly within the discretion of the Parole Board, and prisoners are not entitled to parole as a matter of right.
• Alverez v. Turner
  422 F.2d 214· 10th Cir.· 1970-02-20 ·cited 30×·via Habeas Corpus Relief
  The court held that parole revocation hearings do not require the full due process rights afforded in criminal trials, such as confrontation, cross-examination, or compulsory process, but equal protection may be violated by discretionary practices regarding witnesses.