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

• Tyler v. Phelps
  622 F.2d 172· 5th Cir.· 1980-07-24 ·cited 26×·via Federal Habeas Corpus
  The court held that a jury charge creating a presumption that a defendant intends the natural and probable consequences of his acts, when intent is a disputed element, unconstitutionally shifts the burden of proof. This unconstitutionality requires habeas relief even if the defen
• Bowles v. Tennant
  613 F.2d 776· 9th Cir.· 1980-02-19 ·cited 26×·via Federal Habeas Corpus
  The Parole Commission did not violate due process by failing to provide advance notice of factors considered or by failing to disclose information used to rate the severity of the offense.
• Goins v. McKEEN
  605 F.2d 947· 6th Cir.· 1979-09-20 ·cited 26×·via Habeas Corpus Relief
  The court held that the district court correctly granted habeas corpus relief because the trial court's handling of during-trial prejudicial publicity deprived the petitioner of his constitutional right to a fair trial by an impartial jury.
• United States ex rel. Frank Petillo v. State OF NEW Jersey
  562 F.2d 903· 3d Cir.· 1977-08-23 ·cited 26×·via Habeas Corpus Review
  The court held that a federal habeas corpus court cannot relitigate a Fourth Amendment claim if the state provided an opportunity for full and fair litigation, even if the federal court disagrees with the state court's factual findings.
• Chavez v. Rodriguez
  540 F.2d 500· 10th Cir.· 1976-08-26 ·cited 26×·via Federal Habeas Corpus
  Federal habeas corpus relief is not available for Fourth Amendment claims when the state has provided an opportunity for full and fair litigation of that claim.
• Scarborough v. State OF Ariz.
  531 F.2d 959· 9th Cir.· 1976-03-15 ·cited 26×
  The court held that a prosecutor's comment on a defendant's silence after receiving Miranda warnings constitutes a violation of the Fifth Amendment, and such error is not harmless when it is extensive and stresses an inference of guilt.
• Griffith v. Wyrick
  527 F.2d 109· 8th Cir.· 1975-12-08 ·cited 26×·via Habeas Corpus Relief
  A guilty plea induced by a belief of a specific sentence, especially when combined with claims of coercion, is involuntary if that belief is not unreasonable and not properly addressed by the court.
• Winford v. Swenson
  517 F.2d 1114· 8th Cir.· 1975-06-04 ·cited 26×·via Habeas Corpus Relief
• Hall v. Louie L. Wainwright
  493 F.2d 37· 5th Cir.· 1974-04-26 ·cited 26×·via Habeas Corpus Relief
  A federal court cannot grant habeas relief based on a state court's interpretation of state law, even if that interpretation differs from federal precedent.
• United States of Amercia ex rel. Emile A. Turner v. Rundle
  438 F.2d 839· 3d Cir.· 1971-01-26 ·cited 26×
  The court held that the relator's state remedies were exhausted regarding his Miranda claim and that he was not adequately advised of his right to free counsel. The court also found that a hearing was required to determine if the relator waived his rights under Kent v. United Sta
• In re Whitney
  421 F.2d 337· 1st Cir.· 1970-01-13 ·cited 26×
  The Eighth Amendment does not guarantee a right to bail pending a probation revocation hearing.
• Application of John Michael Speer v. Commander G. H. Hedrick
  419 F.2d 804· 9th Cir.· 1969-10-24 ·cited 26×
  The court held that there was an adequate basis in fact for the Navy's denial of the conscientious objector discharge application.
• McGARRY v. Fogliani
  370 F.2d 42· 9th Cir.· 1966-12-14 ·cited 26×·via Federal Habeas Corpus
  The court held that a claim regarding prior convictions affecting punishment is not a separate offense and that the judge's determination of prior convictions does not violate the Constitution. Furthermore, failure to perfect an appeal is not a ground for federal habeas corpus wi
• Near v. Cunningham
  313 F.2d 929· 4th Cir.· 1963-01-07 ·cited 26×
  The court held that the petitioner's absence from a conference where the jury's separation was decided, combined with allegations of prejudicial outside influences on the jury, raises constitutional issues requiring further review. The district court erred in denying the writ wit
• Matter of the Petition for Adoption of an Infant by Richard T. Vermeulen and Lucille P. Vermeulen. Anson A. Carrier v. Vermeulen
  122 So. 2d 318· Fla. 1st DCA· 1960-07-19 ·cited 26×·via Habeas Corpus Proceedings
  In this custody case, the appellate court addressed a trial judge's refusal to comply with the court's mandate awarding custody of a minor child to her biological father. The court held that a trial judge has no discretion to reject or delay implementing an appellate court's mand
• Martin v. United States
  273 F.2d 775· 10th Cir.· 1960-01-04 ·cited 26×
  An application under 28 U.S.C. § 2255 is a new and independent civil proceeding, requiring a docket fee or permission to proceed in forma pauperis.
• United States ex rel. TOM MAN v. Murff
  264 F.2d 926· 2d Cir.· 1959-03-03 ·cited 26×
  The court held that deportation to mainland China requires a preliminary inquiry into the Communist Chinese government's willingness to accept the alien, as mandated by statute.
• Dickenson v. Colonel James W. Davis
  245 F.2d 317· 10th Cir.· 1957-05-16 ·cited 26×·via Habeas Corpus Review
  The court held that the military had jurisdiction over the appellant and that his claims of unconstitutionality and denial of due process were matters for military courts to resolve, not federal habeas corpus.
• Tilghman v. Mayo
  82 So. 2d 136· Fla.· 1955-07-22 ·cited 26×
  Petitioner Tilghman sought habeas corpus relief after being retried and reconvicted following the vacation of his initial conviction due to lack of notice denying him counsel. The Florida Supreme Court rejected his double jeopardy claim but granted relief requiring the trial cour
• Sneed v. Mayo
  69 So. 2d 653· Fla.· 1954-01-15 ·cited 26×
  Sneed sought habeas corpus relief to challenge his conviction for breaking and entering, claiming he was denied trial by jury and counsel despite not being competent to waive those rights. The Florida Supreme Court held that although the trial court failed to comply with statutor
• McDOWELL v. Swope
  183 F.2d 856· 9th Cir.· 1950-07-31 ·cited 26×
  The court held that the sentencing judge had the authority to amend the sentence within three days to clarify its time sequence, and this amendment did not increase the sentence or violate the appellant's rights.
• Biron v. Collins
  145 F.2d 758· 5th Cir.· 1944-11-09 ·cited 26×
  A registrant cannot seek a writ of habeas corpus to challenge his classification or orders before he has been inducted into service or taken into actual physical custody.
• Johnson v. Hunter
  144 F.2d 565· 10th Cir.· 1944-08-26 ·cited 26×
  The court held that the trial court did not err in denying the petitioner's application to appeal in forma pauperis because the petition lacked merit and the trial court's certification of bad faith was made in good faith.
• United States ex rel. Reel v. Badt
  141 F.2d 845· 2d Cir.· 1944-04-13 ·cited 26×
  The court held that the appellate tribunals' affirmation of the 1-A classification was insufficient to determine if they adopted the hearing officer's findings, requiring a remand for clarification.
• Ex parte Rosier
  133 F.2d 316· D.C. Cir.· 1942-09-02 ·cited 26×
  The dissenting judge argues that the trial court did not err in denying a habeas corpus petition for a sanity hearing without a formal hearing. The petition, when considered with prior court records showing recent adverse adjudications of insanity, did not present a sufficient ba
• Ardis v. Ardis
  130 So. 3d 791· Fla. 1st DCA· 2014-02-04 ·cited 25×
  The Florida District Court of Appeal, First District imposed sanctions against pro se litigant Robert Michael Ardis, barring him from proceeding pro se in any future cases before the court due to his pattern of filing voluminous, repetitive, and meritless pleadings across multipl
• Pittman v. State
  90 So. 3d 794· Fla.· 2011-06-30 ·cited 25×
  David Joseph Pittman was convicted of three counts of first-degree murder and sentenced to death for the 1990 murders of Clarence, Barbara, and Bonnie Knowles in Mulberry, Florida. On appeal from denial of postconviction relief and a habeas corpus petition, the Florida Supreme Co
• Berghuis v. Thompkins
  6th Cir.· 2010-06-01 ·cited 25×·via Habeas Corpus Review
  The Court held that an uncoerced statement following Miranda warnings establishes an implied waiver of the right to remain silent, and that a suspect must unambiguously invoke this right to cease questioning.
• Taylor v. State
  3 So. 3d 986· Fla.· 2009-01-29 ·cited 25×
  Perry Alexander Taylor appeals the trial court's denial of his postconviction motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for writ of habeas corpus. The Florida Supreme Court affirms the deni
• Evans v. State
  975 So. 2d 1035· Fla.· 2007-11-15 ·cited 25×
  Steven Maurice Evans appeals the denial of his Rule 3.851 postconviction motion and petitions for a writ of habeas corpus in a first-degree murder and kidnapping case. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied the habeas petit
• Mars L. Gore v. Sec'y FOR THE Dep't OF Corr.
  492 F.3d 1273· 11th Cir.· 2007-07-20 ·cited 25×·via Habeas Corpus Review
  Mars Gore was convicted of the murder, kidnapping, and robbery of Susan Roark in 1990 and sentenced to death. On federal habeas review under 28 U.S.C. § 2254, Gore challenged the trial court's denial of his motion to suppress statements he made to Metro-Dade Detective Simmons dur
• Hamilton v. State
  875 So. 2d 586· Fla.· 2004-06-03 ·cited 25×
  Richard Eugene Hamilton, a death row inmate, 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 challenging his conviction for first-degree murder and sentence of death. The Florida
• Davis v. State
  789 So. 2d 978· Fla.· 2001-07-12 ·cited 25×·via Habeas Corpus Proceedings
  The Florida Supreme Court established a procedural rule for capital appeals, holding that it will not accept pro se filings from represented defendants that contain claims of ineffective assistance of appellate counsel, requests to dismiss counsel, or supplemental bases for relie
• Jimi L. Birge v. State
  620 So. 2d 234· Fla. 1st DCA· 1993-06-18 ·cited 25×
  The court held that the petitioner's pro se filings substantially interfered with judicial administration and prohibited him from appearing pro se in the future.
• Stewart v. Dugger
  877 F.2d 851· 11th Cir.· 1989-06-27 ·cited 25×·via Federal Habeas Corpus
  The court affirmed the denial of the federal habeas petition, finding no merit in the petitioner's claims regarding the trial judge's comments, improper juror exclusion, ineffective assistance of counsel, or racial discrimination in sentencing.
• Harich v. State
  542 So. 2d 980· Fla.· 1989-04-20 ·cited 25×
  Roy Allen Harich, a death row inmate, appealed the denial of his postconviction motion for relief and sought a stay of execution, raising multiple claims of ineffective assistance of counsel and constitutional violations. The Florida Supreme Court remanded for an evidentiary hear
• Frans Theron v. United States Marshal
  832 F.2d 492· 9th Cir.· 1987-11-10 ·cited 25×·via Habeas Corpus Review
  The court held that the offenses charged were within the extradition treaty and that there was sufficient evidence to establish probable cause for extradition, affirming the denial of the habeas corpus petition.
• Brown v. Fauver
  819 F.2d 395· 3d Cir.· 1987-05-18 ·cited 25×·via Habeas Corpus Relief
  The court held that the prisoner's claim for restoration of good-time credits is cognizable only under habeas corpus, not § 1983, and that he failed to exhaust state remedies. Furthermore, the prisoner lacks standing to seek prospective relief.
• Miller v. A.A. Stagner and R.L. Pulley
  757 F.2d 988· 9th Cir.· 1985-04-08 ·cited 25×·via Habeas Corpus Review
  The court held that the defendant's constitutional right to be present at critical stages of the trial was violated when he was excluded from an in camera juror disqualification hearing.
• DeBENEDICTIS v. Louie L. Wainwright & the Attorney Gen. of the State of Fla.
  674 F.2d 841· 11th Cir.· 1982-04-26 ·cited 25×·via Federal Habeas Corpus
  The court held that the petitioners' habeas corpus petitions were properly denied because the information was not fatally defective and the admission of certain testimony did not violate their constitutional rights.
• McLAWHORN v. State OF N.C.
  484 F.2d 1· 4th Cir.· 1973-09-10 ·cited 25×
  The court held that the State's refusal to reveal the identity of an informant who actively participated in the drug transaction violated the petitioner's due process rights.
• Jess Cancino v. Craven
  467 F.2d 1243· 9th Cir.· 1972-10-03 ·cited 25×·via Federal Habeas Corpus
  A district court's denial of a habeas petition without an evidentiary hearing was erroneous if it rested on legal errors rather than factual merits, and the ends of justice require reaching the merits of a subsequent petition.
• United States ex rel. John McGRATH v. LaVALLEE
  348 F.2d 373· 2d Cir.· 1965-07-14 ·cited 25×·via Federal Habeas Corpus
  The court held that the guilty plea was voluntary and not the product of coercion, and that a new claim regarding sentencing based on an allegedly erroneous probation report was not yet ripe for federal adjudication due to failure to exhaust state remedies.
• Dupree POE v. Gladden
  287 F.2d 249· 9th Cir.· 1961-01-25 ·cited 25×
  The court held that an informal application for a certificate of probable cause could serve as a notice of appeal, but it was not timely in this case. The court also declined to treat a clerk's letter as a modification of a prior order or an extension of time for appeal.
• Ex parte Catanzaro. Appeal of Catanzaro
  138 F.2d 100· 3d Cir.· 1943-09-23 ·cited 25×
  Habeas corpus is not available to review a registrant's classification by a Draft Board prior to his induction or prosecution for failure to report.
• Jackson v. State
  127 So. 3d 447· Fla.· 2013-09-19 ·cited 24×
  Michael Jackson seeks postconviction relief and habeas corpus review after conviction for first-degree murder, robbery, and kidnapping of an elderly couple in 2005. The Florida Supreme Court affirms the denial of relief, holding that Jackson failed to demonstrate ineffective assi
• Wheeler v. State
  124 So. 3d 865· Fla.· 2013-06-27 ·cited 24×
  Jason L. Wheeler was convicted of murdering Deputy Wayne Koester and attempted murder of two other deputies. After direct appeal affirmance and federal habeas denial, Wheeler appealed the postconviction court's denial of his Rule 3.851 motions and petition for state habeas relief
• Farrell v. State
  62 So. 3d 20· Fla. 1st DCA· 2011-03-22 ·cited 24×
  The court held that a petition for writ of habeas corpus is an improper method to collaterally attack a judgment and sentence when other remedies have been exhausted or are time-barred.
• Smithers v. State
  18 So. 3d 460· Fla.· 2009-07-09 ·cited 24×
  Samuel Smithers was convicted of two first-degree murders and sentenced to death. On postconviction relief and habeas appeal, Smithers challenged his convictions and sentences on grounds of ineffective assistance of counsel. The Florida Supreme Court affirmed the denial of postco
• Johnson v. State
  9 So. 3d 640· Fla. 4th DCA· 2009-03-11 ·cited 24×
  The court held that a manifest injustice occurred by denying a defendant the same relief afforded to similarly situated defendants, and granted a writ of habeas corpus.