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

• Perkins v. Henderson
  418 F.2d 441· 5th Cir.· 1969-11-12 ·cited 30×
  The court held that a consent to search is invalid if the individual is not informed that they have the right to refuse consent.
• Dillard v. Bomar
  342 F.2d 789· 6th Cir.· 1965-03-24 ·cited 30×
  The Sixth Circuit held that there is no constitutional right to a preliminary hearing, and therefore, denial of such a hearing does not violate due process.
• Egan v. Harley O. Teets
  251 F.2d 571· 9th Cir.· 1957-12-26 ·cited 30×
  The court held that the district court erred in dismissing the application without a hearing on the claim of denial of the right to appeal, but affirmed the dismissal of other claims. The court also held that the appellant waived his right to appeal the suppression of his appeal
• Meyers v. United States
  181 F.2d 802· D.C. Cir.· 1950-04-10 ·cited 30×
  The court held that a motion to vacate a conviction under 28 U.S.C. § 2255 and a petition for a writ of habeas corpus are not proper remedies for alleged errors of law occurring during a trial, unless the remedy under § 2255 is inadequate or ineffective.
• Ex parte Browne
  93 Fla. 332· Fla.· 1927-02-19 ·cited 30×·via Habeas Corpus Review
  Charles Browne, convicted of murder in the first degree, sought habeas corpus relief challenging his death sentence by electrocution. The Florida Supreme Court held that because the crime was committed in October 1923, before the January 1, 1924 statute replacing hanging with ele
• Johnson v. State
  135 So. 3d 1002· Fla.· 2014-01-09 ·cited 29×
  Richard Allen Johnson, convicted of first-degree murder, kidnapping, and sexual battery in the 2001 death of Tammy Hagin, appealed the denial of his postconviction Rule 3.851 motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of all postconviction r
• In re Hill
  715 F.3d 284· 11th Cir.· 2013-04-22 ·cited 29×·via Federal Habeas Corpus
  The dissenting opinion argues that the state of Georgia should not be allowed to execute Warren Lee Hill, a mentally retarded individual, despite procedural bars under AEDPA. The dissent emphasizes that the Eighth Amendment categorically prohibits the execution of mentally retard
• Stewart v. State
  37 So. 3d 243· Fla.· 2010-05-27 ·cited 29×
  Kenneth Allen Stewart appealed the denial of his Rule 3.851 motion to vacate his death sentence for the 1984 murder of Ruben Diaz, and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the postconviction court's denial of relief, rejecting Stewart's claim
• Peterka v. State
  890 So. 2d 219· Fla.· 2004-09-30 ·cited 29×
  Daniel Peterka, sentenced to death for murdering his roommate in 1989, appealed the trial court's denial of postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of all relief, finding no ineffective assistance of trial or appellate
• Johnson v. Singletary
  612 So. 2d 575· Fla.· 1993-01-29 ·cited 29×
  Larry Joe Johnson, a death row inmate, petitioned for habeas corpus relief challenging his death sentence based on allegedly improper jury instructions regarding aggravating factors under Eighth Amendment standards set by recent Supreme Court precedent. The Florida Supreme Court
• Diggs v. United States
  740 F.2d 239· 3d Cir.· 1984-07-26 ·cited 29×·via Habeas Corpus Relief
  The court should remand with instructions for the district court to entertain the Rule 35 motion to the extent it is based on facts arising before the 120-day period.
• Franklin v. Francis
  720 F.2d 1206· 11th Cir.· 1983-11-16 ·cited 29×·via Habeas Corpus Review
  A jury instruction creating a mandatory rebuttable presumption that a person intends the natural consequences of their voluntary acts unconstitutionally shifts the burden of proof on the element of intent, violating due process.
• Francois v. State
  423 So. 2d 357· Fla.· 1982-12-01 ·cited 29×
  Marvin Francois, convicted of six first-degree murders and sentenced to death, appealed the denial of his motion for post-conviction relief under Rule 3.850 and filed a habeas corpus petition alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Cour
• Parker v. Parratt
  662 F.2d 479· 8th Cir.· 1981-10-28 ·cited 29×·via Federal Habeas Corpus
  The court held that neither defendant demonstrated an actual conflict of interest arising from joint representation, and therefore, neither is entitled to federal habeas corpus relief.
• Greci v. Birknes
  527 F.2d 956· 1st Cir.· 1976-01-09 ·cited 29×·via Habeas Corpus Review
  The court held that the 1973 extradition treaty between the U.S. and Italy imposes stricter evidentiary standards than 18 U.S.C. § 3190, requiring evidence to be given under oath or with warnings of penal sanctions.
• United States ex rel. Gerard A. Bailey v. U. S. Commanding Officer OF the Off. OF the Provost Marshal
  496 F.2d 324· 1st Cir.· 1974-05-15 ·cited 29×
  The court held that a petitioner who repeatedly absents himself without leave may be disentitled to seek relief from the court's resources.
• United States ex rel. Harry Craig v. Myers
  329 F.2d 856· 3d Cir.· 1964-04-02 ·cited 29×·via Federal Habeas Corpus
  The court held that the denial of counsel to an indigent defendant, even if the conviction predates Gideon v. Wainwright, violates due process and requires invalidation of the conviction.
• Jimenez v. Barber
  252 F.2d 550· 9th Cir.· 1958-01-30 ·cited 29×
  The court held that the appeal presented no substantial question and dismissed the appeal as frivolous, denying the motion for a temporary restraining order.
• Cason v. Quinby
  60 Fla. 35· Fla.· 1910-06-01 ·cited 29×·via Habeas Corpus Review
  The Florida Supreme Court affirmed the discharge of a traveling salesman from custody on habeas corpus, holding that a city ordinance requiring a $200 license fee for traveling salesmen violated the dormant Commerce Clause when applied to interstate commerce activities. The court
• Dolan Darling v. State
  45 So. 3d 444· Fla.· 2010-07-01 ·cited 28×·via Federal Habeas Corpus
  Dolan Darling, a death-row inmate, challenged Florida's lethal injection protocol, the constitutionality of statutes prohibiting disclosure of executioners' identities, and whether Capital Collateral Regional Counsel (CCRC) attorneys could represent him in federal section 1983 cl
• Wood v. Allen
  542 F.3d 1281· 11th Cir.· 2008-09-16 ·cited 28×·via Habeas Corpus Relief
  The dissenting judge argues that the majority erred in denying habeas relief on the claim of ineffective assistance of counsel during the penalty phase. The dissent asserts that counsel's failure to investigate and present evidence of the defendant's mental impairments constitute
• Sliney v. State
  944 So. 2d 270· Fla.· 2006-11-09 ·cited 28×
  Jack Sliney, a death row inmate, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus following his conviction for the 1992 murder and armed robbery of a pawn shop owner. The Florida Supreme Court affirmed th
• State v. Knight
  866 So. 2d 1195· Fla.· 2003-08-21 ·cited 28×
  Muhammad, a death row inmate, sought post-conviction relief on his death sentence for murdering a Department of Corrections guard, claiming Brady violation and ineffective assistance of appellate counsel. The Florida Supreme Court reversed the trial court's order vacating the dea
• Pace v. State
  854 So. 2d 167· Fla.· 2003-05-22 ·cited 28×
  Bruce Douglas Pace appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus following his conviction for first-degree murder and armed robbery of a taxicab driver. The Florida Supreme Court affirms the postconviction court's
• Armstead v. State
  817 So. 2d 841· Fla.· 2002-05-09 ·cited 28×
  The Florida Supreme Court dismissed a habeas corpus petition filed by Brenda Armstead and sanctioned her for abusing the judicial system through a pattern of filing incomprehensible and frivolous pleadings. The Court exercised its inherent power to restrict Armstead's future fili
• Olen Clay Gorby v. State
  819 So. 2d 664· Fla.· 2002-04-11 ·cited 28×
  Olen Clay Gorby, convicted of first-degree murder and sentenced to death, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's de
• Cordell T. Allen v. State
  751 So. 2d 56· Fla. 5th DCA· 1999-03-05 ·cited 28×
  The court held that a petition for writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel is improper when it is successive to prior direct appeals and motions attacking the sentence.
• Singletary v. Genorval Slay
  688 So. 2d 319· Fla.· 1997-02-06 ·cited 28×
  The Florida Supreme Court held that when a defendant is resentenced after violating probation on a pre-1989 split sentence, a trial court's award of "credit for all time served" is sufficient to include both time actually served and unforfeited gain-time earned during the origina
• Teffeteller v. Dugger
  676 So. 2d 369· Fla.· 1996-03-07 ·cited 28×
  Four death row inmates appealed the trial court's denial of Florida Rule of Criminal Procedure 3.850 postconviction relief motions, challenging their representation by attorney Howard Pearl who undisclosed conflicts of interest as a deputy sheriff. The Florida Supreme Court vacat
• Patterson v. State
  664 So. 2d 31· Fla. 4th DCA· 1995-11-29 ·cited 28×
  Patterson appealed the denial of his habeas corpus petition challenging his conviction. The court affirmed, holding that Patterson's claims of involuntary plea and ineffective assistance of counsel are properly raised through post-conviction relief under Florida Rule 3.850, which
• Raleigh Porter v. State
  653 So. 2d 374· Fla.· 1995-03-28 ·cited 28×
  Raleigh Porter, a death row inmate, challenged his death sentence through a second 3.850 postconviction motion and habeas petition, raising claims of trial counsel conflict of interest, Brady violations, resentencing counsel ineffectiveness, and newly discovered mitigating eviden
• Fernandez v. United States
  941 F.2d 1488· 11th Cir.· 1991-09-18 ·cited 28×·via Habeas Corpus Review
  Fernando Fernandez, convicted of racketeering and marijuana conspiracy and sentenced to twelve years in prison, sought collateral relief based on a severe heart condition diagnosed as terminal coronary artery disease. He filed motions under Federal Rule of Criminal Procedure 35(b
• T.D.L. v. Chinault
  570 So. 2d 1335· Fla. 2d DCA· 1990-07-11 ·cited 28×
  T.D.L., a juvenile, sought habeas corpus relief from a contempt sentence imposing secure detention followed by county jail incarceration after reaching adulthood. The court held that secure detention cannot be used to punish contempt by juveniles and that adult sanctions require
• Cooper v. Dugger
  526 So. 2d 900· Fla.· 1988-05-12 ·cited 28×
  Vernon Ray Cooper, a death row inmate, challenged his capital sentence on habeas corpus, arguing that the trial judge improperly excluded nonstatutory mitigating evidence at his sentencing hearing in violation of Lockett v. Ohio and Hitchcock v. Dugger. The Florida Supreme Court
• Williams v. State
  516 So. 2d 975· Fla. 5th DCA· 1987-11-05 ·cited 28×
  Williams was convicted of robbery based on a getaway driver theory, but the court reversed because under the controlling precedent Royal v. State, the force used by the security guard occurred after the thief had taken the money, meaning no robbery occurred. The court held that f
• Grooms v. J.C. Keeney
  826 F.2d 883· 9th Cir.· 1987-09-01 ·cited 28×·via Federal Habeas Corpus
  The court held that a suspect's confession was admissible despite invoking the right to silence earlier, as fresh Miranda warnings were given, and that the Oregon aggravated murder statute does not violate due process or equal protection.
• Buckley v. Butler
  825 F.2d 895· 5th Cir.· 1987-08-27 ·cited 28×
  The court held that the record sufficiently demonstrated that the defendant's admission of prior convictions in the multiple bill proceeding was intelligent and voluntary, satisfying any applicable Boykin-type requirements.
• Uresti v. James
  821 F.2d 1099· 5th Cir.· 1987-07-17 ·cited 28×·via Federal Habeas Corpus
  The court held that the petitioner's guilty plea was voluntary and counsel was not ineffective, and that the indictment was sufficient and the confession claim was unsupported.
• Barker v. Morris
  761 F.2d 1396· 9th Cir.· 1985-05-24 ·cited 28×·via Habeas Corpus Relief
  The admission of sworn, videotaped testimony from a deceased eyewitness did not violate the Confrontation Clause because the testimony was necessary and possessed particular guarantees of trustworthiness.
• Schwander v. Blackburn
  750 F.2d 494· 5th Cir.· 1985-01-17 ·cited 28×·via Habeas Corpus Relief
  The court held that an incomplete trial transcript did not deny a meaningful appeal and that the petitioner received effective assistance of counsel at trial and on appeal.
• State v. Henry
  456 So. 2d 466· Fla.· 1984-09-17 ·cited 28×
  The Florida Supreme Court denied James DuPree Henry's various petitions for post-conviction relief and habeas corpus, and granted the state's motion to vacate a stay of execution in a capital murder case. The court rejected Henry's claims of racial bias in sentencing, alleged pro
• Smith v. Bordenkircher
  718 F.2d 1273· 4th Cir.· 1983-10-05 ·cited 28×·via Habeas Corpus Relief
  The court should grant the writ of habeas corpus because the conviction was obtained through unconstitutional means.
• Grady Lee Smith v. W.J. Estelle, Jr.
  711 F.2d 677· 5th Cir.· 1983-08-11 ·cited 28×·via Habeas Corpus Relief
  The court held that the district court properly denied habeas corpus relief without an evidentiary hearing, as the record sufficiently demonstrated the voluntariness of the guilty plea and the adequacy of counsel.
• Clover Hayes v. Maggio
  699 F.2d 198· 5th Cir.· 1983-02-07 ·cited 28×·via Federal Habeas Corpus
  The court held that the district court clearly erred in finding the plea bargain did not include a promise of parole eligibility, reversing the denial of habeas corpus relief.
• Alderman v. Austin
  695 F.2d 124· 5th Cir.· 1983-01-10 ·cited 28×·via Habeas Corpus Review
• United States ex rel. Johnny Veal v. DeROBERTIS
  693 F.2d 642· 7th Cir.· 1982-11-17 ·cited 28×·via Habeas Corpus Relief
  The court held that a hearing should not be held to determine if the petitioner can show cause and prejudice for failing to make an adequate offer of proof.
• Odell Hargrow Hill v. Estelle
  653 F.2d 202· 5th Cir.· 1981-08-10 ·cited 28×·via Federal Habeas Corpus
  A state prisoner's claim of illegal sentencing under a new penal code, absent prejudice, does not raise a federal constitutional issue cognizable in habeas corpus.
• Bercheny v. Johnson
  633 F.2d 473· 6th Cir.· 1980-10-22 ·cited 28×
  The court held that the state breached the plea agreement by failing to ensure a promised psychiatric evaluation, and the defendant did not waive his right to it.
• Davis v. Adult Parole Auth.
  610 F.2d 410· 6th Cir.· 1979-11-27 ·cited 28×
  The court held that the district court erred in applying Rule 9(a) as a strict statute of limitations, rather than as an invocation of the equitable doctrine of laches.
• Speigner v. Jago
  603 F.2d 1208· 6th Cir.· 1979-06-13 ·cited 28×·via Habeas Corpus Review
  A state court criminal conviction is unconstitutional under the Due Process Clause if it lacks any evidentiary support for a crucial element of the crime, and such a claim is reviewable in federal habeas corpus.