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

• Cochran v. State
  925 So. 2d 370· Fla. 5th DCA· 2006-03-03 ·cited 24×
  Petitioner sought habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise on appeal that the trial court violated his due process rights by proceeding to trial without conducting a required competency hearing after invoking competency procee
• Broderick W. Monlyn v. State
  894 So. 2d 832· Fla.· 2004-12-02 ·cited 24×
  Broderick Monlyn appeals the denial of his motion for postconviction relief and petitions for habeas corpus following his 1993 conviction for first-degree murder, armed robbery, and armed kidnapping, and subsequent death sentence. The Florida Supreme Court addresses his ineffecti
• Cummings-El v. State
  863 So. 2d 246· Fla.· 2003-10-09 ·cited 24×
  Frederick Cummings-El appeals the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of both the postconvictio
• Booker v. Dugger
  922 F.2d 633· 11th Cir.· 1991-01-14 ·cited 24×·via Federal Habeas Corpus
  The court affirmed the district court's grant of habeas corpus, holding that the petitioner's death sentence was imposed in violation of Hitchcock v. Dugger because the sentencing court was precluded from considering nonstatutory mitigating evidence, and this error was not harmle
• Harich v. State
  573 So. 2d 303· Fla.· 1990-12-13 ·cited 24×
  Roy Allen Harich, sentenced to death for first-degree murder and other crimes, appealed the trial court's denial of postconviction relief claiming his trial counsel's undisclosed position as a special deputy sheriff created a conflict of interest and resulted in ineffective assis
• Andersen v. Thieret
  903 F.2d 526· 7th Cir.· 1990-06-05 ·cited 24×·via Habeas Corpus Review
  The court held that the petitioner's confession was voluntary and that the admission of his statements did not violate Miranda, affirming the denial of his habeas petition.
• Case v. Eloy Mondragon
  887 F.2d 1388· 10th Cir.· 1989-10-25 ·cited 24×·via Federal Habeas Corpus
  The court held that the state trial court did not violate Case's constitutional rights by refusing to conduct a post-verdict voir dire of the jury based on equivocal allegations of misconduct. The court also held that the denial of a continuance for a witness whose testimony was
• United States v. Osser
  864 F.2d 1056· 3d Cir.· 1988-12-29 ·cited 24×·via Habeas Corpus (28 U.S.C. § 2255)
  A mail fraud conviction based on a scheme that demonstrably caused monetary loss to the victim, even if also charged under an invalidated 'honest services' theory, can be sustained.
• Wilburn Dobbs v. Kemp
  809 F.2d 750· 11th Cir.· 1987-01-23 ·cited 24×·via Habeas Corpus Proceedings
  The court held that the evidence presented was insufficient to establish a prima facie case of grand jury discrimination based on gender.
• Cartwright v. Maynard
  802 F.2d 1203· 10th Cir.· 1986-09-29 ·cited 24×
  The court held that considering the suffering of a surviving victim is a constitutionally permissible way to determine if a murder was 'especially heinous, atrocious, and cruel.'
• Hobbs v. A.L. Lockhart
  791 F.2d 125· 8th Cir.· 1986-05-22 ·cited 24×·via Federal Habeas Corpus
  The court held that the admission of evidence of other crimes, the denial of a change of venue due to pretrial publicity, the composition of the jury panel, the prosecutor's voir dire questions, and testimony regarding the defendant's invocation of his rights were either procedur
• Adamson v. Ricketts
  789 F.2d 722· 9th Cir.· 1986-05-09 ·cited 24×·via Habeas Corpus Review
  The majority's requirement of double jeopardy waiver is pointless and rests on incorrect assumptions about double jeopardy law when a plea bargain is breached.
• Liner v. Phelps
  731 F.2d 1201· 5th Cir.· 1984-05-14 ·cited 24×·via Federal Habeas Corpus
  A conviction based on a short-form indictment, authorized by state law and upheld by the state's highest court, does not violate due process, even if it doesn't specify every element, as long as the defendant received adequate notice through a bill of particulars.
• Code v. Montgomery
  725 F.2d 1316· 11th Cir.· 1984-02-27 ·cited 24×·via Habeas Corpus Proceedings
  The court held that the in-court identification was not impermissibly suggestive, but remanded the ineffective assistance of counsel claim for an evidentiary hearing due to unresolved factual issues.
• Antone v. Strickland
  706 F.2d 1534· 11th Cir.· 1983-06-13 ·cited 24×·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, finding petitioner's claims without merit, but remanded to the district court to consider the effects of a pending Supreme Court decision.
• Brown v. Cuyler
  669 F.2d 155· 3d Cir.· 1982-01-29 ·cited 24×
  The court held that the petitioner failed to exhaust state remedies by not fairly presenting the Miranda waiver issue to the state courts.
• Delk v. Atkinson
  665 F.2d 90· 6th Cir.· 1981-11-25 ·cited 24×·via Federal Habeas Corpus
  A federal court may grant habeas corpus relief to prevent retrial if a state appellate court, despite finding evidence sufficient, reversed a conviction on other grounds, and the defendant raises a double jeopardy claim based on insufficiency.
• Drake v. Wyrick
  640 F.2d 912· 8th Cir.· 1981-02-18 ·cited 24×·via Federal Habeas Corpus
  The court affirmed the district court's denial of habeas corpus relief, finding that the petitioner's claims of newly discovered evidence, ineffective assistance of counsel, and a chilled right to testify were without merit or unexhausted.
• Brewer v. Overberg
  624 F.2d 51· 6th Cir.· 1980-06-30 ·cited 24×·via Habeas Corpus Review
  The failure of a state court to instruct the jury on lesser included offenses is cognizable on habeas corpus, but procedural noncompliance can bar review if not plain error. The evidence was sufficient to support the murder conviction.
• Brown v. Nutsch
  619 F.2d 758· 8th Cir.· 1980-04-18 ·cited 24×
  Section 1983 provides a remedy for improper extradition in violation of the extradition clause and statute, but only if the alleged violations also breach minimal constitutional or statutory requirements.
• Gayle v. LeFEVRE
  613 F.2d 21· 2d Cir.· 1980-01-11 ·cited 24×·via Federal Habeas Corpus
  The court held that the appellant failed to exhaust state remedies because federal constitutional claims were raised for the first time in federal court, not presented to the state courts.
• Rhinehart v. Gunn
  598 F.2d 557· 9th Cir.· 1979-06-13 ·cited 24×·via Federal Habeas Corpus
  The court held that a federal court must independently review the state court record when considering a state prisoner's habeas corpus petition on self-representation grounds.
• Kaplan v. Bombard
  573 F.2d 708· 2d Cir.· 1978-02-15 ·cited 24×·via Habeas Corpus Review
  The court held that while joint representation is disfavored, the defendant did not suffer sufficient particularized prejudice to warrant a finding of unconstitutional denial of effective assistance of counsel.
• Lussier v. Gunter
  552 F.2d 385· 1st Cir.· 1977-03-31 ·cited 24×·via Habeas Corpus Review
  The court held that even if the prosecutor's comment on the defendant's silence was improper, it was rendered harmless beyond a reasonable doubt by the trial judge's thorough jury instructions on the defendant's right not to testify.
• Pierre v. United States
  547 F.2d 1281· 5th Cir.· 1977-03-07 ·cited 24×·via Habeas Corpus Proceedings
  The court held that the 1967 Protocol Relating to the Status of Refugees did not substantively alter the existing U.S. immigration scheme, did not create new rights or entitlements for aliens, and did not invalidate INS procedures for determining refugee status.
• United States ex rel. Andrew Perry v. Mulligan
  544 F.2d 674· 3d Cir.· 1976-11-05 ·cited 24×·via Habeas Corpus Review
  The court held that prosecutorial remarks during summation, when viewed in context and considering defense provocation, did not violate the defendant's Sixth Amendment right to counsel or deny due process, and thus habeas corpus was improperly granted.
• Seymour Kloner v. United States
  535 F.2d 730· 2d Cir.· 1976-05-10 ·cited 24×·via Habeas Corpus Relief
  The court held that the guilty plea was valid under Rule 11, but the parole revocation was unconstitutional due to lack of notice for one of the grounds.
• Barry v. United States
  528 F.2d 1094· 7th Cir.· 1976-01-13 ·cited 24×·via Habeas Corpus (28 U.S.C. § 2255)
  The court held that the judge's participation in the trial did not violate the mandatory disqualification statute or constitutional standards, and that the district court did not err in denying an evidentiary hearing or limiting discovery.
• Moffett v. Louie L. Wainwright
  512 F.2d 496· 5th Cir.· 1975-04-30 ·cited 24×·via Habeas Corpus Review
  A confession obtained after an illegal arrest, without proper warnings or opportunity to consult counsel, is tainted and inadmissible as 'fruit of the poisonous tree'. Evidence seized during a warrantless search lacking clear and convincing proof of valid consent is also inadmiss
• Marlin v. State
  489 F.2d 702· 5th Cir.· 1974-02-15 ·cited 24×·via Federal Habeas Corpus
  The court held that a federal habeas petitioner is precluded from attacking jury composition due to failure to timely object, construing such failure as a waiver.
• Hoskins v. Louie L. Wainwright
  485 F.2d 1186· 5th Cir.· 1973-09-14 ·cited 24×·via Habeas Corpus Relief
  A defendant's Sixth Amendment right to a speedy trial is violated by inordinate and unjustified prosecutorial delay, regardless of actual prejudice to the defense, especially when the defendant actively asserts the right.
• Will Allen Smith v. State OF Miss.
  478 F.2d 88· 5th Cir.· 1973-05-07 ·cited 24×·via Federal Habeas Corpus
  The court held that the trial judge's declaration of a mistrial due to a juror's premature comment about the defendant's sanity, after a careful inquiry, was supported by manifest necessity and did not violate the petitioner's Fifth Amendment double jeopardy rights.
• Murray v. Louie L. Wainwright
  450 F.2d 465· 5th Cir.· 1971-10-28 ·cited 24×·via Habeas Corpus Relief
  The court held that a six-year delay in prosecution, where the defendant was incarcerated and available to the state, constituted a denial of the right to a speedy trial, and the defendant demonstrated sufficient prejudice to shift the burden to the state.
• Sangaree v. Hamlin
  235 So. 2d 729· Fla.· 1970-05-13 ·cited 24×
  A defendant arrested without warrant seeks habeas corpus release, alleging lack of preliminary hearing before grand jury indictment and constitutional violations during interrogation. The Florida Supreme Court denies the writ, holding that a preliminary hearing is not a prerequis
• United States ex rel. Leroy Williams v. LaVALLEE
  415 F.2d 643· 2d Cir.· 1969-09-10 ·cited 24×
  The court held that the identification procedure, arrest, and search were constitutional, and thus denied the petition for a writ of habeas corpus.
• Curry v. Wilson
  405 F.2d 110· 9th Cir.· 1968-12-13 ·cited 24×·via Federal Habeas Corpus
  A defendant's counsel can waive constitutional objections as a matter of trial strategy, and this waiver binds the defendant, even if the state court initially considered the merits of the waived claims.
• United States ex rel. Fred Floyd v. Wilkins
  367 F.2d 990· 2d Cir.· 1966-09-20 ·cited 24×·via Habeas Corpus Review
  The court held that the admission of a co-defendant's confession without redaction, coupled with insufficient evidence and ineffective limiting instructions, violated the petitioner's Sixth Amendment right to confrontation, as applied to the states through the Fourteenth Amendmen
• Nelms v. United States
  318 F.2d 150· 4th Cir.· 1963-05-10 ·cited 24×·via Habeas Corpus Proceedings
  The court held that the per curiam opinion's observations disparaging the petitioner's case were ill-advised and could prejudice the upcoming hearing.
• Sanders v. United States
  205 F.2d 399· 5th Cir.· 1953-06-18 ·cited 24×·via Federal Habeas Corpus
  The court held that the district court erred in denying a hearing on the motion to vacate sentence, as the record did not conclusively show the prisoner was entitled to no relief.
• United States v. Estep
  150 F.2d 768· 3d Cir.· 1945-07-06 ·cited 24×
  The court should order a new trial for Estep because he was denied due process and did not have an opportunity to prove it at his original trial.
• Pope v. Huff
  141 F.2d 727· D.C. Cir.· 1944-03-30 ·cited 24×·via Habeas Corpus Proceedings
  The court held that a prior adjudication of issues in a habeas corpus proceeding may be given controlling weight, even if res judicata does not strictly apply.
• Stafford Allison v. Baker
  152 Fla. 274· Fla.· 1943-01-05 ·cited 24×
  Stafford Allison sought habeas corpus relief while imprisoned under a 15-year sentence, challenging his detention pending a murder indictment. The Florida Supreme Court affirmed the denial of the writ, holding that habeas corpus relief would be futile where the petitioner would r
• Tom Arnold ex rel. State of Fla. v. Chase
  94 Fla. 1071· Fla.· 1927-12-08 ·cited 24×
  Tom Arnold, the managing editor of the Miami Tribune, was arrested on a criminal libel charge based on articles criticizing E. G. Sewell, a candidate for City Commissioner. The Florida Supreme Court reversed Arnold's detention, holding that the affidavit failed to charge a crimin
• State v. Johnson
  13 Fla. 33· Fla.· 1869-01-01 ·cited 24×
  James W. Johnson, appointed as receiver of two railroads by a circuit court judge, refused to comply with a supersedeas (stay of proceedings) issued by the Florida Supreme Court following an appeal of the receivership order. The Supreme Court held that Johnson was in contempt for
• Taylor v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  760 F.3d 1284· 11th Cir.· 2014-07-28 ·cited 23×·via Habeas Corpus Review
  Perry Alexander Taylor was convicted in 1989 of first-degree murder and sexual battery in the brutal killing of Geraldine Birch and sentenced to death. On federal habeas review, Taylor challenged the trial court's exclusion of testimony from the victim's sisters regarding her pri
• Deparvine v. State
  146 So. 3d 1071· Fla.· 2014-04-24 ·cited 23×
  William James Deparvine appeals the denial of his postconviction motion challenging his death sentence for the November 2003 murders of Rick and Karla Van Dusen. The Florida Supreme Court affirmed the trial court's rejection of all ineffective assistance of counsel claims, consti
• Wyon Dale Childers v. Floyd
  642 F.3d 953· 11th Cir.· 2011-06-02 ·cited 23×·via Habeas Corpus Review
  Wyon Dale Childers was convicted of bribery and unlawful compensation for official behavior based largely on testimony from Willie Junior, a co-conspirator who entered a plea agreement with the State. Childers sought to cross-examine Junior about the Elliot acquittal and a Notice
• Geralds v. State
  111 So. 3d 778· Fla.· 2010-09-16 ·cited 23×
  Mark Allen Geralds appeals the denial of his Rule 3.851 postconviction motion and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief, rejecting Geralds' Brady/Giglio claims, ineffective assistance of counsel
• Martin v. Fla. Parole Comm'n
  951 So. 2d 84· Fla. 1st DCA· 2007-03-13 ·cited 23×
  The court held that the circuit court erred in treating a habeas corpus petition as a certiorari petition and denying it as untimely under Rule 9.100(c)(2).
• Hart v. Attorney Gen. OF THE State OF Fla.
  323 F.3d 884· 11th Cir.· 2003-03-05 ·cited 23×·via Habeas Corpus Review
  Robert Hart was convicted of two murders and armed robbery based primarily on a taped confession obtained after he signed a Miranda waiver form. The Eleventh Circuit granted habeas relief, holding that Hart's waiver was involuntary and not made with full awareness of his rights b