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

• Dufour v. State
  905 So. 2d 42· Fla.· 2005-04-14 ·cited 128×
  Donald Dufour appeals denial of his postconviction motion for relief from his 1986 death sentence for first-degree murder and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all relief, finding that trial counsel's performance was not i
• Foster v. State
  810 So. 2d 910· Fla.· 2002-02-14 ·cited 128×
  Charles Kenneth Foster, a death row inmate, appealed the trial court's summary denial of his fourth Rule 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas cor
• Bryant v. State
  901 So. 2d 810· Fla.· 2005-04-28 ·cited 126×
  Byron Bryant challenges a circuit court order striking his initial postconviction motion and, alternatively, denying his Rule 3.851 motion for postconviction relief. The Florida Supreme Court holds that the trial court abused its discretion by striking the motion without granting
• Walls v. State
  926 So. 2d 1156· Fla.· 2006-02-09 ·cited 125×
  Frank A. Walls, convicted of two murders and sentenced to death, appeals the denial of his motion for post-conviction relief under Florida Rule of Criminal Procedure 3.851 and petitions for habeas corpus. The Florida Supreme Court affirms the trial court's denial of post-convicti
• McCLESKEY v. Kemp
  753 F.2d 877· 11th Cir.· 1985-01-29 ·cited 125×·via Habeas Corpus Review
• Bradley v. State
  33 So. 3d 664· Fla.· 2010-01-07 ·cited 123×
  Donald Bradley appeals the denial of his Rule 3.851 motion for postconviction relief and petitions for habeas corpus after being convicted of first-degree murder and sentenced to death for a 1995 murder-for-hire. The Florida Supreme Court affirms the denial of his postconviction
• Downs v. Moore
  801 So. 2d 906· Fla.· 2001-09-26 ·cited 122×
  Ernest Charles Downs petitioned for habeas corpus relief on grounds of ineffective assistance of appellate counsel, raising twelve claims. The Florida Supreme Court denied the petition, finding that appellate counsel was not deficient under Strickland standards because the claims
• Raley v. State
  675 So. 2d 170· Fla. 5th DCA· 1996-05-10 ·cited 122×
  Wayne Raley appealed a trial court's summary denial of his habeas corpus petition challenging his sexual battery sentence as illegal. The court affirmed the denial of habeas corpus relief and most of the Rule 3.800(a) post-conviction claims, but vacated the trial court's improper
• Durham Eldon Stokes v. Singletary
  952 F.2d 1567· 11th Cir.· 1992-01-27 ·cited 121×·via Habeas Corpus Review
  Durham Stokes was convicted of two murders and sentenced to death after confessing to police officers immediately following his initial court appearance, where counsel had been appointed. The Eleventh Circuit reversed and remanded for an evidentiary hearing, finding that the stat
• Hildwin v. Dugger
  654 So. 2d 107· Fla.· 1995-01-19 ·cited 120×
  Paul Christopher Hildwin, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion and petitioned for habeas corpus relief. The Florida Supreme Court found that trial counsel was ineffective during the penalty phase for failing to investigate and presen
• Suarez v. Dugger
  527 So. 2d 190· Fla.· 1988-06-14 ·cited 120×
  Ernesto Suarez, under a death warrant for first-degree murder of a police officer, petitioned for habeas corpus and sought review of the trial court's denial of his motion to disqualify the trial judge and his Rule 3.850 motion to vacate judgment and sentence. The Florida Supreme
• Calley v. Callaway
  519 F.2d 184· 5th Cir.· 1975-09-10 ·cited 120×·via Habeas Corpus Review
  The court held that federal courts have a limited scope of review for court-martial convictions, requiring claims to be of substantial constitutional dimension or fundamental legal error, and that the military courts had fairly considered Calley's claims.
• Wright v. State
  857 So. 2d 861· Fla.· 2003-07-03 ·cited 119×
  Joel Dale Wright appeals the denial of his second motion for postconviction relief and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief and rejects Wright's habeas claims, finding procedural bars,
• Elledge v. Dugger
  823 F.2d 1439· 11th Cir.· 1987-07-20 ·cited 119×·via Federal Habeas Corpus
  The court held that shackling a defendant at the sentencing phase of a bifurcated state trial, under specific circumstances including the defendant's status as a convicted violent felon and the absence of a defense request for a hearing, does not violate the Constitution.
• Jones v. State
  998 So. 2d 573· Fla.· 2008-12-23 ·cited 113×
  Harry Jones was convicted of first-degree murder and sentenced to death for a 1991 killing. The Florida Supreme Court affirmed the trial court's denial of his Rule 3.850 postconviction motion and denied his habeas corpus petition, finding no Brady/Giglio violations, no prejudicia
• Pye v. Warden, Georgia Diagnostic Prison
  50 F.4th 1025· 11th Cir.· 2022-10-04 ·cited 111×·via Federal Habeas Corpus
  Willie James Pye, convicted of murder, kidnapping, rape, and robbery, challenged his death sentence on federal habeas review, arguing that his trial counsel rendered ineffective assistance during sentencing by failing to investigate and present mitigating evidence of his difficul
• Melendez v. Singletary
  644 So. 2d 983· Fla.· 1994-09-08 ·cited 110×
  The Court denied the petition for a writ of habeas corpus, finding the claims of ineffective appellate counsel to be without merit.
• Raleigh Porter v. Louie L. Wainwright
  805 F.2d 930· 11th Cir.· 1986-11-17 ·cited 109×·via Federal Habeas Corpus
  The court held that the petitioner failed to allege sufficient facts to warrant an evidentiary hearing on claims of ineffective assistance of counsel due to tactical decisions and potential conflict of interest.
• Guerro v. Mulhearn
  498 F.2d 1249· 1st Cir.· 1974-06-24 ·cited 109×
  A federal court must stay its hand in a section 1983 damage action if disposition would involve ruling on the legality of a state conviction during pending state proceedings, but not every related action requires exhaustion.
• Carroll v. State
  815 So. 2d 601· Fla.· 2002-03-07 ·cited 108×
  Elmer Leon Carroll, a death row inmate, appealed the denial of his Rule 3.850 motion for postconviction relief and petitioned for habeas corpus, raising claims of ineffective assistance of trial and appellate counsel, Brady violations, and mental incompetency. The Florida Supreme
• Brown v. Louie L. Wainwright
  392 So. 2d 1327· Fla.· 1981-01-15 ·cited 108×
  Joseph Green Brown and 122 other death row inmates filed a consolidated habeas corpus petition challenging the Florida Supreme Court's consideration of non-record documents in capital sentencing review. The court rejected the joinder of petitions, held that its appellate review f
• Houston v. Estelle
  569 F.2d 372· 5th Cir.· 1978-03-13 ·cited 108×·via Federal Habeas Corpus
  The court held that prosecutorial arguments implying the defendant sold heroin, when he was only convicted of possession, were so inflammatory and prejudicial as to violate due process, even with curative instructions.
• Pompey v. Cochran
  685 So. 2d 1007· Fla. 4th DCA· 1997-01-08 ·cited 107×
  Pompey was incarcerated for civil contempt based on nonpayment of child support without any evidentiary showing that he possessed the ability to pay the purge amount set by the court. The Fourth District Court of Appeal granted habeas corpus relief, holding that the trial court's
• Hardwick v. Dugger
  648 So. 2d 100· Fla.· 1994-09-08 ·cited 107×
  John Gary Hardwick, Jr., a death row inmate, appealed the trial court's denial of his Rule 3.850 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding most claims procedurally barred and rejecting
• J.B. Parker v. Dugger
  550 So. 2d 459· Fla.· 1989-10-25 ·cited 105×
  J.B. Parker, a death row inmate, petitioned for a writ of habeas corpus and appealed the denial of his second postconviction relief motion under Florida Rule 3.850, raising eleven issues including claims about sentencing findings, jury composition, prosecutorial misconduct, and v
• Ex-Parte E. W. Bailey
  39 Fla. 734· Fla.· 1897-06-01 ·cited 104×·via Habeas Corpus Review
  The Florida Supreme Court reversed a lower court's decision to remand a petitioner to custody, finding that the petitioner's actions did not violate the statute under which he was charged. The court emphasized strict construction of penal statutes and found the petitioner's act o
• Durwin D. Dunenas v. Moore
  762 So. 2d 1007· Fla. 3d DCA· 2000-07-12 ·cited 103×
  Durwin Dunenas appealed the denial of his habeas corpus petition seeking post-conviction relief based on a claim that his sentence was illegal because it was imposed under the unconstitutional 1995 sentencing guidelines. The Florida District Court of Appeal affirmed the denial, h
• Rivera v. State
  728 So. 2d 1165· Fla.· 1998-12-10 ·cited 103×
  The Florida Supreme Court imposed sanctions on Vincent Faustino Rivera, an inmate serving a life sentence, barring him from filing further frivolous or procedurally barred petitions after he had filed over twenty petitions to the Court attempting to relitigate issues already deci
• Thomas v. Zant
  697 F.2d 977· 11th Cir.· 1983-02-10 ·cited 103×·via Federal Habeas Corpus
• Davis v. State
  928 So. 2d 1089· Fla.· 2005-10-20 ·cited 102×
  Mark Allen Davis appeals the denial of his rule 3.850 postconviction motion and petitions for habeas corpus relief following his 1987 conviction for first-degree murder, robbery, and grand theft in the killing of Orville Landis. The Florida Supreme Court affirms the denial of pos
• State v. Lewis
  838 So. 2d 1102· Fla.· 2002-12-12 ·cited 102×
  Lawrence Lewis was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that trial counsel was ineffective during the penalty phase by failing to adequately investigate and prepare mitig
• Hunter v. State
  817 So. 2d 786· Fla.· 2002-04-04 ·cited 102×
  James Eugene Hunter, convicted of first-degree murder and other crimes and sentenced to death, appealed the denial of his postconviction motion for relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the hab
• Branan v. Booth
  861 F.2d 1507· 11th Cir.· 1988-12-20 ·cited 102×·via Federal Habeas Corpus
  Federal courts cannot grant habeas relief for issues solely based on state law, even if framed as federal constitutional claims.
• Weygandt v. Ducharme
  774 F.2d 1491· 9th Cir.· 1985-10-30 ·cited 102×·via Habeas Corpus Relief
  The court held that the petitioner's counsel's failure to object to prosecutor's remarks, while an error, did not prejudice the petitioner given the overwhelming evidence of guilt, thus not violating the Sixth Amendment right to effective assistance of counsel.
• United States ex rel. Robert Phipps v. Foulette
  428 F.2d 912· 2d Cir.· 1970-05-27 ·cited 102×·via Federal Habeas Corpus
  The court held that the state court's finding that the suggestive station-house identification did not taint the subsequent in-court identification was supported by the record and binding on federal habeas review.
• Barrett v. Hunter
  180 F.2d 510· 10th Cir.· 1950-02-14 ·cited 102×
  The dissenting judge believes that 28 U.S.C. § 2255 is not always a prerequisite to habeas corpus and can be inadequate, especially for prisoners facing practical difficulties. The judge would reverse and remand Barrett's case.
• State ex rel. George J. Deeb v. Fabisinski
  111 Fla. 454· Fla.· 1933-07-18 ·cited 102×
  George Deeb was committed to a state hospital for insanity and later indicted for murder. The circuit court issued an order requiring the hospital superintendent to produce Deeb's body for trial. The Supreme Court of Florida granted a writ of prohibition against the circuit judge
• Mazen AL Najjar v. Ashcroft
  273 F.3d 1330· 11th Cir.· 2001-11-28 ·cited 101×·via Habeas Corpus Relief
  Mazen Al Najjar, a Palestinian refugee and engineering doctorate holder, was ordered deported after overstaying his student visa, and the government detained him without bond based on classified information alleging ties to Palestinian Islamic Jihad, a terrorist organization. The
• Hitchcock v. State
  991 So. 2d 337· Fla.· 2008-05-22 ·cited 100×
  James Hitchcock was convicted and sentenced to death for the 1976 murder of his brother's 13-year-old stepdaughter. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion for postconviction relief and habeas petition, rejecting claims of ineffective assistance of
• Allen v. State
  854 So. 2d 1255· Fla.· 2003-07-10 ·cited 100×
  Lloyd Chase Allen, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denial, rejecting Allen's Brady violation claims regarding withheld hair analysis evidence and
• Atwater v. State
  788 So. 2d 223· Fla.· 2001-06-07 ·cited 100×
  Jeffrey Lee Atwater, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of both the post-conviction motion and habeas petition, rejecting claims of i
• Rose v. State
  787 So. 2d 786· Fla.· 2001-04-05 ·cited 100×
  James Franklin Rose appeals his death sentence for the 1976 kidnapping and murder of eight-year-old Lisa Berry. The Florida Supreme Court affirms the death penalty, rejecting seventeen issues raised on appeal, including claims regarding photographic evidence, Brady violations, pr
• McKiver v. Sec'y, Fla. Dep't of Corr.
  991 F.3d 1357· 11th Cir.· 2021-03-25 ·cited 99×·via Federal Habeas Corpus
  Luther McKiver appealed his federal habeas petition challenging his Florida drug trafficking conviction, arguing that his trial counsel was ineffective for failing to investigate and present witnesses regarding the victim's drug-dealing history and for failing to investigate the
• Israel v. State
  985 So. 2d 510· Fla.· 2008-03-20 ·cited 98×
  Connie Ray Israel appeals the denial of his motion for postconviction relief and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of ineffective assistance of counsel, constitutional defects in Flo
• Mungin v. State
  932 So. 2d 986· Fla.· 2006-04-06 ·cited 98×
  Anthony Mungin, convicted of murder and sentenced to death, challenged his conviction and sentence through a rule 3.850 motion for postconviction relief and habeas petition. The Florida Supreme Court affirmed the trial court's denial of all relief, rejecting claims of ineffective
• Grover Reed v. State
  875 So. 2d 415· Fla.· 2004-04-15 ·cited 98×
  Grover Reed appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus following his 1986 conviction and death sentence for the murder, sexual battery, and robbery of Betty Oermann. The Florida Supreme Court affirms the circuit court's d
• Dolan Darling v. State
  966 So. 2d 366· Fla.· 2007-07-12 ·cited 97×
  Dolan Darling, convicted of first-degree murder and sentenced to death, sought postconviction relief under Florida Rule of Criminal Procedure 3.851 and filed a habeas petition. The Florida Supreme Court affirmed the denial of his motion to vacate and rejected his habeas claims, h
• Valle v. Moore
  837 So. 2d 905· Fla.· 2002-08-29 ·cited 97×
  Manuel Valle, a death row inmate, petitioned for a writ of habeas corpus raising four claims of ineffective assistance of appellate counsel. The Florida Supreme Court denied all four claims, finding that appellate counsel was not ineffective for failing to raise non-meritorious c
• Melendez v. State
  718 So. 2d 746· Fla.· 1998-06-11 ·cited 97×
  Juan Roberto Melendez, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.850 motion for post-conviction relief based on newly discovered evidence, Brady violations, and ineffective assistance of counsel. The Florida Supreme Court affirmed
• Farina v. State
  937 So. 2d 612· Fla.· 2006-07-06 ·cited 96×
  Anthony Farina, a death row inmate, sought post-conviction relief and habeas corpus review after his death sentence for his role in a 1992 Taco Bell robbery and murder of a 17-year-old employee. The Florida Supreme Court affirmed the denial of his post-conviction motion and rejec