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

• van Poyck v. Singletary
  715 So. 2d 930· Fla.· 1998-05-14 ·cited 23×
  William Van Poyck, a death row inmate, petitioned for a writ of habeas corpus, claiming ineffective assistance of appellate counsel for failing to properly raise jury selection issues and arguing his convictions for attempted felony murder were legally impossible. The Florida Sup
• Smith v. Zant
  887 F.2d 1407· 11th Cir.· 1989-09-29 ·cited 23×·via Habeas Corpus Review
• Booker v. Dugger
  520 So. 2d 246· Fla.· 1988-01-14 ·cited 23×
  Stephen Booker petitioned for a writ of habeas corpus to overturn his death sentence for the brutal murder of a 94-year-old woman, raising a Hitchcock claim that the jury was improperly instructed to consider only statutorily enumerated mitigating circumstances. The Florida Supre
• Thomas v. Leeke
  725 F.2d 246· 4th Cir.· 1984-01-12 ·cited 23×
  The trial court's jury instructions were constitutionally adequate, and the state's allocation of the burden of proving self-defense to the defendant does not violate due process.
• Granger v. Fla. State Prison & Bill Price
  424 So. 2d 937· Fla. 1st DCA· 1983-01-05 ·cited 23×
  The court held that a prisoner's petition for a writ of habeas corpus, alleging a denial of a due process hearing before transfer to close management confinement, was sufficient to state a claim upon which relief could be granted, and thus should not have been summarily dismissed
• Antone v. State
  410 So. 2d 157· Fla.· 1982-01-28 ·cited 23×
  Anthony Antone, convicted of murder and sentenced to death, sought post-conviction relief arguing newly discovered evidence, prosecutorial misconduct, jury selection errors, and an allegedly unlawful arrest. The Florida Supreme Court affirmed the denial of relief, finding no Brad
• Henry v. Hayden J. Dees
  658 F.2d 406· 5th Cir.· 1981-10-08 ·cited 23×·via Habeas Corpus Relief
  The court held that the defendant's inculpatory statements, made after a polygraph examiner falsely told him he failed the test and engaged in interrogation without proper warnings or counsel, were not voluntary and should have been suppressed.
• Ennis Nettles v. Louie L. Wainwright
  656 F.2d 986· 5th Cir.· 1981-09-21 ·cited 23×·via Habeas Corpus Relief
  Failure to object to a magistrate's report and recommendations before the district court accepts them constitutes a waiver of the right to appeal the district court's judgment based on that report.
• Grantling v. Balkcom
  632 F.2d 1261· 5th Cir.· 1980-12-17 ·cited 23×·via Habeas Corpus Relief
  The court held that a voluntary and intelligent guilty plea breaks the chain of prior constitutional claims, and therefore, the denial of habeas corpus relief was proper.
• Wright v. Estelle
  549 F.2d 971· 5th Cir.· 1977-03-30 ·cited 23×
  The court held that even if the petitioner was deprived of a fundamental right to testify, it was harmless error beyond a reasonable doubt due to overwhelming evidence connecting him to the crime.
• ST. Jules v. Beto
  462 F.2d 1365· 5th Cir.· 1972-07-18 ·cited 23×
  The court held that federal courts may entertain a habeas corpus petition if state courts have unreasonably delayed in acting upon a pending state habeas corpus application.
• Daniels v. J. B. O'Connor, M.D.
  243 So. 2d 144· Fla.· 1971-01-06 ·cited 23×
  Jesse Daniels challenged his commitment to a mental institution pending trial on a rape charge, arguing the indictment lacked sufficient evidence and that the commitment statute violated due process and equal protection. The Florida Supreme Court upheld the statute and commitment
• Hamish Scott MacKAY v. McALEXANDER
  268 F.2d 35· 9th Cir.· 1959-06-09 ·cited 23×
  The court held that the deportation order and the denial of the application for suspension of deportation were valid, affirming the lower court's judgment.
• Rosenthal v. Hunter
  164 F.2d 949· 10th Cir.· 1947-11-17 ·cited 23×
  The court held that the federal court had jurisdiction to try and sentence the petitioner because California voluntarily surrendered him to federal custody.
• Taylor v. State
  120 So. 3d 540· Fla.· 2013-05-30 ·cited 22×
  John Calvin Taylor II was convicted of first-degree murder and robbery with a deadly weapon in the 1997 killing of Shannon Holzer. The Florida Supreme Court affirmed denial of his Rule 3.851 postconviction motion and habeas petition challenging his death sentence on various groun
• McCUTCHEON v. State
  117 So. 3d 769· Fla.· 2013-04-25 ·cited 22×
  The court held that the inmate's pro se petitions were unauthorized and frivolous, warranting sanctions.
• J.M. v. Gargett
  101 So. 3d 352· Fla.· 2012-10-04 ·cited 22×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a trial court may impose consecutive sentences in secure detention for a juvenile who commits multiple violations of a single probation order. The Court held that section 985.037(2) authorizes
• Dayne Miller v. State
  980 So. 2d 1092· Fla. 2d DCA· 2008-01-15 ·cited 22×
  A trial court cannot order pretrial detention without a motion from the State, even if the defendant is charged with a qualifying offense.
• Dyson v. Campbell
  921 So. 2d 692· Fla. 1st DCA· 2006-02-03 ·cited 22×·via Habeas Corpus Relief
  Chester Dyson seeks habeas corpus relief contending that the $25,000 and $10,000 bonds set for his burglary and robbery charges are effectively no bond due to his inability to pay them. The court denies relief, holding that a defendant's inability to meet a bond amount does not a
• Anderson v. Singletary
  111 F.3d 801· 11th Cir.· 1997-04-18 ·cited 22×·via Habeas Corpus Proceedings
  The Eleventh Circuit held that the filing fee requirements of the Prison Litigation Reform Act of 1995 do not apply to habeas corpus proceedings under 28 U.S.C. §§ 2254 and 2255. Although habeas corpus proceedings are technically civil in nature, they are hybrid actions sui gener
• Yapp v. Reno
  26 F.3d 1562· 11th Cir.· 1994-08-03 ·cited 22×·via Habeas Corpus Review
  Genevieve Yapp, arrested in The Bahamas for drug trafficking in 1986, failed to appear for trial and was sought for extradition by the United States in 1988. Yapp argued that Article 5 of the 1931 Extradition Treaty between the United States and The Bahamas barred her extradition
• R.W. v. A.C. Soud, Jr.
  639 So. 2d 25· Fla.· 1994-06-30 ·cited 22×
  The dissenting justice would have approved the juvenile judge's actions in detaining a juvenile who refused to cooperate with a predisposition report.
• Steinhorst v. Singletary
  638 So. 2d 33· Fla.· 1994-05-26 ·cited 22×
  The court held that the petitioner's claim of disproportionate sentencing was procedurally barred and factually distinguishable from precedent, thus denying the petition for a writ of habeas corpus.
• Kennedy v. Singletary
  602 So. 2d 1285· Fla.· 1992-07-16 ·cited 22×
  The court held that the issues raised by the petitioner are procedurally barred and, even if not barred, the alleged errors are harmless beyond a reasonable doubt.
• Towne v. Dugger
  899 F.2d 1104· 11th Cir.· 1990-04-30 ·cited 22×·via Habeas Corpus Review
  The court held that a suspect's question to an officer about whether he should get a lawyer constitutes an equivocal request for counsel, requiring further questioning to cease until the request is clarified.
• Collins v. Zant
  892 F.2d 1502· 11th Cir.· 1990-01-08 ·cited 22×·via Federal Habeas Corpus
  The court held that both the Sandstrom and Jackson claims must be dismissed under Rule 9(b) as successive petitions, and the district court's denial of relief is affirmed.
• Hopkinson v. Shillinger
  888 F.2d 1286· 10th Cir.· 1989-10-24 ·cited 22×·via Habeas Corpus Review
  The dissenting judge would hold that the prosecutor's remarks constituted Caldwell error, violating the Eighth Amendment, and thus the death sentence must be vacated.
• Coleman v. McCORMICK
  874 F.2d 1280· 9th Cir.· 1989-05-05 ·cited 22×
  The court held that the defendant's sentence must be reversed due to procedural issues in place at the time of trial regarding capital punishment hearings.
• Dorsey v. Parke
  872 F.2d 163· 6th Cir.· 1989-04-10 ·cited 22×·via Federal Habeas Corpus
  The Sixth Amendment right to confront witnesses does not guarantee a defendant the right to cross-examine into a relevant subject already broached solely to expose witness demeanor, nor does it mandate the admission of evidence routinely excluded by evidentiary rules, even if exc
• Clark v. State
  530 So. 2d 519· Fla. 5th DCA· 1988-09-08 ·cited 22×
  Clark seeks habeas corpus relief claiming ineffective assistance of appellate counsel because his lawyer filed an Anders brief without raising an alleged double jeopardy violation. The court denies the petition, holding that appellate counsel was not ineffective because the court
• Henderson v. Dugger
  522 So. 2d 835· Fla.· 1988-04-11 ·cited 22×
  Robert Dale Henderson, sentenced to death for three murders, petitioned for habeas corpus and appealed the denial of a Rule 3.850 motion for post-conviction relief. The Florida Supreme Court denied all relief, holding that Michigan v. Jackson does not apply retroactively to Hende
• Bridges v. Dugger
  518 So. 2d 298· Fla. 2d DCA· 1987-11-06 ·cited 22×
  Bridges petitioned for a writ of habeas corpus claiming his trial counsel failed to file a notice of appeal despite his request, and that his sentence violated his plea agreement by triggering the habitual offender statute. The court denied the petition, holding that Bridges lack
• Joseph D. McMAHON P-7814 v. Fulcomer
  821 F.2d 934· 3d Cir.· 1987-06-08 ·cited 22×·via Federal Habeas Corpus
  The court held that the district court erred in dismissing the habeas petition as mixed, and that the petitioner did not knowingly and intelligently waive his right to counsel.
• High v. Kemp
  819 F.2d 988· 11th Cir.· 1987-06-04 ·cited 22×·via Federal Habeas Corpus
  The court held that the jury instructions regarding mitigating circumstances were adequate and that the prosecutor's comments about other murders did not render the trial fundamentally unfair. The court also found that Batson v. Kentucky does not apply retroactively to collateral
• Garrett v. Morris
  815 F.2d 509· 8th Cir.· 1987-04-03 ·cited 22×·via Habeas Corpus Review
  The court held that when a prosecutor volunteers reasons for exercising peremptory challenges, those reasons are subject to review for pretext, and if found to be discriminatory, violate the defendant's constitutional rights.
• Hall v. Louie L. Wainwright
  805 F.2d 945· 11th Cir.· 1986-11-17 ·cited 22×·via Federal Habeas Corpus
  The court held that the defendant's absence from non-critical stages of his trial was harmless error and that he deliberately bypassed his ineffective assistance of counsel claim in state court.
• Whitley v. Bair
  802 F.2d 1487· 4th Cir.· 1986-10-06 ·cited 22×·via Federal Habeas Corpus
  The court affirmed the district court's dismissal of the habeas corpus petition, finding that the appellant's claims were procedurally defaulted and that any alleged ineffective assistance of counsel did not result in prejudice.
• Brogdon v. Blackburn
  790 F.2d 1164· 5th Cir.· 1986-05-30 ·cited 22×·via Habeas Corpus Relief
  The court held that Brogdon's claims for relief were without merit, denying his request for a certificate of probable cause and vacating the stay of execution.
• Goins v. Lane
  787 F.2d 248· 7th Cir.· 1986-03-28 ·cited 22×·via Federal Habeas Corpus
  The court held that the rule of Stone v. Powell does not bar a federal habeas claim of ineffective assistance of counsel based on counsel's failure to pursue a Fourth Amendment claim. However, the court affirmed the denial of the habeas petition, finding that the trial counsel's
• Crockett Stevens v. Bordenkircher
  746 F.2d 342· 6th Cir.· 1984-10-18 ·cited 22×
  The court held that the trial court's restriction of cross-examination regarding a key witness's bias and the improper admission of a death certificate violated the Sixth Amendment's Confrontation Clause.
• Farmer v. Prast
  721 F.2d 602· 7th Cir.· 1983-11-18 ·cited 22×·via Federal Habeas Corpus
  The court held that a state prisoner seeking federal habeas corpus relief is barred by a state contemporaneous objection rule if they fail to show both cause for noncompliance and actual prejudice from the alleged constitutional error.
• Raulerson v. State
  437 So. 2d 1105· Fla.· 1983-09-01 ·cited 22×
  James David Raulerson, on death row, sought post-conviction relief and a writ of habeas corpus alleging ineffective assistance of counsel at his resentencing and on direct appeal. The Florida Supreme Court affirmed the denial of his motion and denied his petition for habeas corpu
• Duncan v. Stynchcombe
  704 F.2d 1213· 11th Cir.· 1983-05-09 ·cited 22×·via Habeas Corpus Review
  Fingerprint evidence alone, under proper circumstances, can be sufficient to sustain a burglary conviction against a constitutional challenge for sufficiency of evidence. A prosecutor's comment on the lack of defense evidence, rather than the defendant's failure to testify, is no
• Miller v. State
  430 So. 2d 611· Fla. 4th DCA· 1983-05-04 ·cited 22×
  Miller petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel for failing to raise various issues on direct appeal of his conviction for solicitation to commit murder. The Fourth District Court of Appeal rejected all of Miller's ineffectivenes
• Hopper v. United States Parole Comm'n
  702 F.2d 842· 9th Cir.· 1983-04-01 ·cited 22×·via Habeas Corpus Relief
  The court held that the appellant's claims regarding credit for state custody time and timely parole revocation hearings were premature or lacked demonstrated prejudice, and that the Interstate Agreement on Detainers Act did not apply to parole violator warrants.
• Holcomb v. A.I. Murphy
  701 F.2d 1307· 10th Cir.· 1983-03-09 ·cited 22×·via Federal Habeas Corpus
  The court held that issues not raised on direct appeal are cognizable in federal habeas corpus under the Fay v. Noia standard, and that the petitioner's remaining claims were without merit.
• Francois v. Klein
  431 So. 2d 165· Fla.· 1983-01-27 ·cited 22×
  The trial court erred in dismissing a Rule 3.850 motion for lack of jurisdiction due to a pending habeas corpus petition.
• Naranjo v. Ricketts
  696 F.2d 83· 10th Cir.· 1982-08-27 ·cited 22×·via Habeas Corpus Relief
  A state's waiver of the exhaustion requirement in federal habeas corpus proceedings is not dispositive; federal courts must still ensure exhaustion to uphold comity and the state's role in enforcing federal law.
• United States ex rel. Alonzo Howard Jones v. Franzen
  676 F.2d 261· 7th Cir.· 1982-04-16 ·cited 22×·via Habeas Corpus Review
  The court held that the district court erred in dismissing the habeas corpus petition without reviewing the full state court record, as required by 28 U.S.C. § 2254(d)(8).
• Zeigler v. Callahan
  659 F.2d 254· 1st Cir.· 1981-09-22 ·cited 22×·via Habeas Corpus Relief
  The court held that the petitioner's due process rights were not violated by the Commonwealth's alleged non-disclosure of the full scope of its agreement with a key witness, nor by the failure to correct allegedly false testimony.