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

• Rice v. McKENZIE
  581 F.2d 1114· 4th Cir.· 1978-08-22 ·cited 28×·via Federal Habeas Corpus
  A federal judge must recuse himself from a federal habeas corpus case if he previously participated in the state supreme court's adjudication of the same claims, as this objectively raises reasonable questions about his impartiality under 28 U.S.C.A. § 455(a).
• Mack v. Hoyt C. Cupp
  564 F.2d 898· 9th Cir.· 1977-11-17 ·cited 28×
  The court held that a federal court should not grant habeas corpus relief on Fourth Amendment claims if the state provided an opportunity for full and fair litigation of those claims, even if the state court made an error.
• United States ex rel. Theodore Baker v. Finkbeiner
  551 F.2d 180· 7th Cir.· 1977-03-17 ·cited 28×
  The court held that the failure to inform a defendant of a mandatory parole term at the time of a guilty plea, when the plea was based on a specific sentence agreement, creates a defect of constitutional dimensions violating the Due Process Clause.
• Hollis Earl Woods v. Estelle
  547 F.2d 269· 5th Cir.· 1977-02-18 ·cited 28×·via Habeas Corpus Review
  The admission of extraneous evidence, even if erroneous under state rules, does not warrant habeas corpus relief unless it denies fundamental fairness and violates due process.
• Cleveland v. Ciccone
  517 F.2d 1082· 8th Cir.· 1975-06-10 ·cited 28×·via Habeas Corpus Relief
  Federal prisoners are entitled to reasonably prompt hearings on parole or release violation warrants, and deferring such hearings until the expiration of an intervening sentence violates due process.
• Rothman v. United States
  508 F.2d 648· 3d Cir.· 1975-01-31 ·cited 28×·via Habeas Corpus (28 U.S.C. § 2255)
  The court held that a pro se prisoner's petition, even if styled under § 2255, should be treated as a writ of coram nobis if the petitioner is no longer in custody and alleges fundamental errors of fact.
• Hughes v. Swenson
  452 F.2d 866· 8th Cir.· 1971-12-16 ·cited 28×·via Habeas Corpus Relief
  The court held that a valid waiver of Miranda rights can be established by the prosecution showing the defendant was effectively advised of his rights and knowingly and understandingly declined to exercise them, without an express declaration of waiver.
• FOX v. United States
  354 F.2d 752· 10th Cir.· 1965-12-14 ·cited 28×·via Habeas Corpus Relief
  A federal court cannot impose a second probation term after revoking an initial probation, especially if the violation occurs after the statutory maximum probation period has expired.
• United States v. Shoaf
  341 F.2d 832· 4th Cir.· 1964-09-29 ·cited 28×·via Habeas Corpus Proceedings
  An indigent defendant is not entitled to a free transcript for collateral attack on a conviction unless they demonstrate a specific need for it, distinguishing this from direct appeals where counsel's unfamiliarity may establish general need.
• United States ex rel. Thomas Kling v. LaVALLEE
  306 F.2d 199· 2d Cir.· 1962-07-11 ·cited 28×·via Federal Habeas Corpus
  The court affirmed the disposition of the appeal, but the concurring judge expressed reservations about the strict application of exhaustion rules for federal habeas corpus.
• State ex rel. Phil Feldman v. Kelly
  76 So. 2d 798· Fla.· 1954-11-19 ·cited 28×·via Habeas Corpus Proceedings
  Fourteen petitioners challenged their contempt convictions and jailing for refusing to answer grand jury questions about communist activities, invoking Fifth Amendment protections. The Florida Supreme Court held that the petitioners could lawfully refuse to answer because their a
• United States v. Chiarella
  214 F.2d 838· 2d Cir.· 1954-08-03 ·cited 28×
  The dissenting judge held that the sentence imposed was not illegal and that the lower court's interpretation of the original sentence was reasonable.
• Jefferson ex rel. v. Sweat
  76 So. 2d 494· Fla.· 1954-07-27 ·cited 28×
  The Florida Supreme Court upheld the constitutionality of Chapter 28057, Acts of 1953, which makes possession of a federal wagering stamp prima facie evidence of violating Florida's gambling laws. The court rejected a habeas corpus challenge to an appellant's detention for posses
• United States ex rel. Bogish v. Tees
  211 F.2d 69· 3d Cir.· 1954-03-09 ·cited 28×
  The court held that the relator's petition for a writ of habeas corpus was properly denied because he failed to exhaust state remedies and his claims lacked merit. The court treated the petition as a motion in the nature of a writ of error coram nobis, which also failed.
• Hayman v. United States
  187 F.2d 456· 9th Cir.· 1950-10-27 ·cited 28×
  The court held that Section 2255 is void in its entirety, making it impossible to procure the appellant's presence for proceedings.
• Henry v. State
  134 So. 3d 938· Fla.· 2014-03-14 ·cited 27×
  Robert Henry, a death row inmate with execution scheduled for March 20, 2014, appealed the denial of his second successive motion for postconviction relief, challenging Florida's lethal injection protocol as applied to him, the constitutionality of the amended clemency statute (s
• Tanzi v. State
  94 So. 3d 482· Fla.· 2012-04-19 ·cited 27×
  Michael Tanzi appeals the denial of his postconviction motion and habeas petition in a death penalty case for the murder of Janet Acosta in 2000. The Florida Supreme Court affirms the denial of relief, concluding that Tanzi failed to establish ineffective assistance of trial coun
• Kormen Branch v. State
  990 So. 2d 585· Fla. 3d DCA· 2008-08-06 ·cited 27×
  The court held that a petition for writ of habeas corpus is not the proper vehicle for a collateral attack on a conviction or sentence.
• Fannings Johnson v. Fla. Parole Comm'n & James V. Crosby, Jr.
  841 So. 2d 615· Fla. 1st DCA· 2003-04-03 ·cited 27×
  The circuit court improperly denied a petition for writ of habeas corpus as a successive petition, as it challenged the parole revocation, not the presumptive parole release date.
• Konstantinos X. Fotopoulos v. State
  838 So. 2d 1122· Fla.· 2002-12-19 ·cited 27×
  Konstantinos Fotopoulos appeals the denial of postconviction relief and petitions for habeas corpus after his conviction for orchestrating two murders and an attempted murder. The Florida Supreme Court affirms the trial court's rejection of his ineffective assistance of counsel c
• Melvin v. State
  804 So. 2d 460· Fla. 2d DCA· 2001-11-16 ·cited 27×
  Thirteen prisoners scheduled for release petitioned for habeas corpus relief challenging their pretrial detention in involuntary civil commitment proceedings under Florida's Jimmy Ryce Act. The court held that ex parte probable cause determinations for such detentions must be sup
• In re Lindsey
  875 F.2d 1502· 11th Cir.· 1989-05-01 ·cited 27×·via Federal Habeas Corpus
  The court held that neither 21 U.S.C. § 848(q) nor 18 U.S.C. § 3006A entitles a death-sentenced inmate to federally appointed counsel or a psychiatrist for state-court collateral review proceedings, especially when claims are unexhausted.
• Barney Earl Crutchfield v. Louie L. Wainwright
  803 F.2d 1103· 11th Cir.· 1986-11-10 ·cited 27×
  Trial courts should not automatically reverse convictions when attorney-client communication is interfered with during brief recesses; defendants must demonstrate prejudice.
• Son H. Fleming v. Kemp
  748 F.2d 1435· 11th Cir.· 1984-11-29 ·cited 27×·via Federal Habeas Corpus
  The court held that the petitioner was deprived of his Sixth Amendment right to counsel at a critical stage of his murder prosecution, requiring automatic reversal of his conviction.
• MacHetti v. Linahan
  679 F.2d 236· 11th Cir.· 1982-06-25 ·cited 27×·via Habeas Corpus Relief
  The court held that Georgia's jury selection procedure, which allowed women to opt-out of service, resulted in unconstitutional underrepresentation of women on jury venires, violating the Sixth and Fourteenth Amendment fair cross-section requirement.
• Gamble v. State OF Okla.
  583 F.2d 1161· 10th Cir.· 1978-09-20 ·cited 27×·via Habeas Corpus Relief
  Federal courts are not precluded from considering Fourth Amendment claims in habeas corpus proceedings if state courts failed to recognize or apply controlling constitutional standards, such as those in Brown v. Illinois.
• Gibson v. Jackson
  578 F.2d 1045· 5th Cir.· 1978-08-23 ·cited 27×·via Federal Habeas Corpus
  The court held that the federal district court should have abstained from deciding the case pending the outcome of the state habeas corpus proceedings.
• Jackson v. State OF Ala.
  530 F.2d 1231· 5th Cir.· 1976-04-30 ·cited 27×·via Federal Habeas Corpus
  The dissenting judge argues that denying credit for pre-sentence and post-sentence detention to indigent defendants solely because of their inability to make bail constitutes unconstitutional discrimination based on wealth.
• State v. COX
  306 So. 2d 156· Fla. 2d DCA· 1974-11-01 ·cited 27×
  The State of Florida appeals a habeas corpus order granting Cox's application to prevent his extradition to California. The court holds that in extradition proceedings, a trial court's inquiry is narrowly limited to jurisdictional prerequisites and cannot consider guilt/innocence
• United States ex rel. Charles F. Scott v. Mancusi
  429 F.2d 104· 2d Cir.· 1970-07-06 ·cited 27×·via Federal Habeas Corpus
  A guilty plea induced by defense counsel's good-faith, but erroneous, sentence estimate or misstatement of law regarding withdrawal does not render the plea involuntary, absent evidence of government inducement.
• Matera v. Buchanan
  192 So. 2d 18· Fla. 3d DCA· 1966-11-15 ·cited 27×·via Habeas Corpus Proceedings
  Matera appeals a circuit court's denial of his habeas corpus petition challenging a $250,000 bail as excessive. The appellate court holds that under Florida's Constitution, the bail amount was indeed excessive and amounted to a denial of bail for a non-capital felony, reversing t
• United States v. Bowles
  131 F.2d 818· 3d Cir.· 1942-11-10 ·cited 27×
  The court held that a defendant cannot use the alleged erroneous classification by a selective service board as a defense in a criminal prosecution for failing to comply with the board's order.
• Ex parte Hyde
  140 Fla. 494· Fla.· 1939-11-15 ·cited 27×
  Frank Hyde and C. K. Slaton petitioned for habeas corpus seeking release on bail after their gaming law convictions were affirmed on appeal and they received a gubernatorial reprieve. The Florida Supreme Court denied the petition, holding that no court has jurisdiction to fix bai
• Rodriguez v. State
  39 So. 3d 275· Fla.· 2010-05-06 ·cited 26×
  Manuel Antonio Rodriguez was convicted of three first-degree murders and sentenced to death. On appeal, he challenged the conviction and sentence through postconviction motions and a habeas petition, raising numerous claims of ineffective assistance of counsel, Brady violations (
• Tate v. McNEIL
  983 So. 2d 502· Fla.· 2008-03-13 ·cited 26×
  The Florida Supreme Court imposed sanctions against James L. Tate, Jr., a state prisoner, for abusing the court's processes by filing eighteen separate frivolous petitions since 2002, all seeking to vacate his 1994 conviction for attempted first-degree murder. The Court barred Ta
• Robinson v. State
  913 So. 2d 514· Fla.· 2005-07-07 ·cited 26×
  Michael Robinson, a death-row inmate, appealed the denial of his postconviction motion for 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 denial of all relief, rejecting Robins
• Brown v. Moore
  800 So. 2d 223· Fla.· 2001-11-01 ·cited 26×
  Paul Alfred Brown, a death row inmate convicted of murder, petitions the Florida Supreme Court for habeas corpus relief, claiming his appellate counsel was ineffective for failing to raise constitutional challenges to his death sentence based on Apprendi v. New Jersey. The court
• Vines v. United States
  28 F.3d 1123· 11th Cir.· 1994-08-17 ·cited 26×·via Habeas Corpus Review
  The Sixth Amendment right to counsel is fundamental and requires an affirmative, knowing, intelligent, and voluntary waiver. The temporary absence of counsel during a critical stage of trial, such as the taking of evidence, is a structural defect requiring automatic reversal unle
• Etheria Verdell Jackson v. Dugger
  633 So. 2d 1051· Fla.· 1993-09-09 ·cited 26×
  Etheria Jackson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding no merit to Jackson's ineffective assistance of counsel claims, procedural bar
• United States v. Schmidt
  922 F.2d 1365· 8th Cir.· 1991-01-10 ·cited 26×·via Habeas Corpus Proceedings
  The court held that there was sufficient evidence to support the defendant's convictions for possession with intent to distribute cocaine and conspiracy to distribute cocaine, and that the jury instructions did not contain plain error.
• White v. Dugger
  565 So. 2d 700· Fla.· 1990-07-17 ·cited 26×
  Jerry White petitioned for a writ of habeas corpus and stay of execution following his conviction for murder and death sentence. The Florida Supreme Court rejected all of White's claims, including ineffective assistance of counsel, appellate deficiencies, and sentencing procedure
• State v. Schreiber
  561 So. 2d 1236· Fla. 4th DCA· 1990-05-16 ·cited 26×
  The court clarifies its prior order regarding a Public Defender's motion to withdraw as counsel in 200 cases due to backlog, denying withdrawal in 100 cases while explaining the reasoning.
• Young v. Kenny
  907 F.2d 874· 9th Cir.· 1989-10-11 ·cited 26×
  A federal court must stay a prisoner's 42 U.S.C. § 1983 claim challenging the duration of confinement, rather than dismiss it, to allow exhaustion of state remedies via habeas corpus.
• United States ex rel. Robert E. LEE v. Flannigan
  884 F.2d 945· 7th Cir.· 1989-09-18 ·cited 26×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial.
• Johnson v. Warden Lumpkin
  769 F.2d 630· 9th Cir.· 1985-08-23 ·cited 26×
  The court held that the district court correctly denied Johnson's due process claims but erred in failing to rule on his ineffective assistance of counsel claim.
• Evans v. Meyer
  742 F.2d 371· 7th Cir.· 1984-08-23 ·cited 26×
  A lawyer is not required to advise a client of every theoretically possible but practically hopeless defense, and failure to do so does not render a guilty plea involuntary or constitute ineffective assistance of counsel if prejudice cannot be shown.
• United States ex rel. Robert Hudson v. Brierton
  699 F.2d 917· 7th Cir.· 1983-02-04 ·cited 26×·via Habeas Corpus Review
  Noncompliance with a state contemporaneous-objection rule bars federal habeas review absent a showing of cause and prejudice; the identification was reliable despite suggestive procedures.
• Spring v. Caldwell
  692 F.2d 994· 5th Cir.· 1982-12-06 ·cited 26×·via Federal Habeas Corpus
• Cobb v. Louie L. Wainwright
  666 F.2d 966· 5th Cir.· 1982-02-04 ·cited 26×·via Habeas Corpus Relief
  The court held that Florida Statute § 782.11 is not unconstitutionally vague and that sufficient evidence supported the conviction for unnecessary killing.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×·via Federal Habeas Corpus
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.