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

• Mastrian v. Kermit Hedman
  326 F.2d 708· 8th Cir.· 1964-01-24 ·cited 21×·via Federal Habeas Corpus
  The court held that the denial of a certificate of probable cause was proper because the petitioner failed to demonstrate that the bail amount set by the state court was arbitrary or discriminatory, thus violating federal constitutional rights.
• Fraser v. United States (two cases)
  145 F.2d 139· 6th Cir.· 1944-10-03 ·cited 21×
  The court held that purchasers of non-quota cotton are liable for penalties under the Agricultural Adjustment Act, and that the husband-wife privilege does not shield communications or acts in furtherance of fraud, especially in federal equity courts.
• Johnson v. Lindsey
  89 Fla. 143· Fla.· 1925-02-21 ·cited 21×
  Theodore Johnson, convicted of unlawful possession of intoxicating liquor and sentenced to six months in jail with the sentence suspended on good behavior, was arrested and imprisoned nearly eighteen months after sentencing. The Florida Supreme Court held that once Johnson had fu
• Lowe v. State
  259 So. 3d 23· Fla.· 2018-10-19 ·cited 20×
  Rodney Tyrone Lowe appeals his death sentence for the 1990 first-degree murder of Donna Burnell. The Florida Supreme Court affirms his sentence, rejecting claims including Hurst challenges, proportionality arguments, and various trial errors related to jury instructions, evidenti
• Correll v. State
  184 So. 3d 478· Fla.· 2015-10-02 ·cited 20×
  Jerry William Correll, a death row inmate, challenged Florida's death penalty system and execution protocol through successive postconviction motions and public records requests. The Florida Supreme Court rejected all of his constitutional challenges to the death penalty, length
• Debruce v. Comm'r, Ala. Dep't OF Corr.
  758 F.3d 1263· 11th Cir.· 2014-07-15 ·cited 20×·via Habeas Corpus Review
  The Eleventh Circuit reversed the district court's denial of habeas corpus relief, finding that the state court's rejection of the petitioner's ineffective assistance of counsel claim was an unreasonable application of federal law and an unreasonable determination of the facts. T
• McKENZIE v. State
  153 So. 3d 867· Fla.· 2014-04-17 ·cited 20×
  Norman Blake McKenzie appeals the summary denial of his Rule 3.851 postconviction motion challenging his death sentences for two first-degree murders. McKenzie, who represented himself during trial after a knowing and voluntary waiver of counsel, claims ineffective assistance of
• Wyatt v. State
  78 So. 3d 512· Fla.· 2011-11-23 ·cited 20×
  Thomas Anthony Wyatt, a death row inmate, appealed the denial of his postconviction relief motions challenging his 1988 first-degree murder conviction and death sentence for killing Cathy Nydegger in Florida. The Florida Supreme Court affirmed the denial of all postconviction cla
• Wainwright v. State
  896 So. 2d 695· Fla.· 2004-11-24 ·cited 20×
  Anthony Floyd Wainwright, 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. The Florida Supreme Court affirmed the denial of postconviction relief and denied t
• Krischer v. Faris
  838 So. 2d 600· Fla. 4th DCA· 2003-02-12 ·cited 20×
  Faris sought to enforce a plea agreement that he claimed was violated when the State initiated civil commitment proceedings under the Jimmy Ryce Act immediately before his release from prison. The Fourth District Court of Appeal reversed the trial court's order granting Faris's m
• Amendments TO Fla. Rules OF Crim. Procedure 3.851
  797 So. 2d 1213· Fla.· 2001-07-12 ·cited 20×
  The Florida Supreme Court amended Rule 3.851 governing capital postconviction relief procedures to expedite death penalty cases while maintaining fairness and quality. The amendments establish new procedures for appointing counsel, conducting status conferences, and holding evide
• Houser v. Manning
  719 So. 2d 307· Fla. 3d DCA· 1998-07-22 ·cited 20×
  Kevin Houser was released on bond for armed robbery with conditions prohibiting firearm possession. While on bond, he was arrested for carrying a concealed firearm, leading to revocation of his original bond and denial of reinstatement. The Florida Third District Court of Appeal
• VAN Meter v. Singletary
  682 So. 2d 1162· Fla. 1st DCA· 1996-10-30 ·cited 20×
  An inmate challenged a disciplinary sanction via mandamus petition filed 18 months after the administrative appeal was denied. The trial court dismissed the petition under a 30-day statute of limitations for prisoner disciplinary actions. The appellate court held the statute unco
• Nava v. State
  652 So. 2d 1264· Fla. 4th DCA· 1995-04-12 ·cited 20×
  Court grants habeas corpus petition to allow belated appeal where trial court's order denying Rule 3.850 relief failed to provide notice of appeal deadline and state showed no specific prejudice from delay.
• United States v. Chapman
  866 F.2d 1326· 11th Cir.· 1989-03-02 ·cited 20×
  The court held that the admission of the defendant's wife's out-of-court statements did not violate his Sixth Amendment right to confrontation or hearsay rules, and that the assertion of marital privilege did not render the statements inadmissible. The court also found no reversi
• Parker v. Dugger
  537 So. 2d 969· Fla.· 1988-12-01 ·cited 20×
  Norman Parker, under a death sentence, petitioned for habeas corpus relief challenging his conviction and capital sentence on seven grounds, including claims of ineffective assistance of counsel, jury instruction errors, and constitutional violations. The Florida Supreme Court de
• Jones v. Dugger
  533 So. 2d 290· Fla.· 1988-11-10 ·cited 20×
  Leo Alexander Jones, under a death warrant for the murder of a Jacksonville police officer, petitions for habeas corpus relief based on Booth v. Maryland's prohibition on victim impact evidence in capital sentencing. The Florida Supreme Court denies relief, holding that Jones pro
• Hawkins v. Lynaugh
  844 F.2d 1132· 5th Cir.· 1988-04-29 ·cited 20×·via Federal Habeas Corpus
  The court held that the defendant's confession was voluntary and the evidence was sufficient to sustain the conviction, affirming the denial of federal habeas relief.
• Neron v. Tierney
  841 F.2d 1197· 1st Cir.· 1988-03-15 ·cited 20×·via Habeas Corpus Review
  The court held that the state courts' refusal to interview a juror, based on a weak showing of potential bias, did not violate due process, and thus federal habeas relief was inappropriate.
• Olan Randle Robison v. Maynard
  829 F.2d 1501· 10th Cir.· 1987-09-25 ·cited 20×·via Federal Habeas Corpus
  The court held that the exclusion of victim's family testimony against the death penalty was proper, and that post-hypnotic testimony is not per se unconstitutional. However, the death sentence for one victim must be vacated due to an unconstitutional statutory aggravating circum
• Woodruff v. Lane
  818 F.2d 1369· 7th Cir.· 1987-05-18 ·cited 20×·via Habeas Corpus Review
  The court held that the admission of evidence of other home invasions for modus operandi, the sufficiency of the evidence, and prosecutorial misconduct did not rise to the level of constitutional error denying a fair trial.
• Smith v. O.L. McCOTTER
  786 F.2d 697· 5th Cir.· 1986-04-07 ·cited 20×
  A federal court reviewing a state conviction via habeas corpus is limited to federal constitutional claims, and a guilty plea waives most preceding claims, including alleged defects in the indictment or lack of personal service.
• Sampley v. Attorney General OF North Carolina
  786 F.2d 610· 4th Cir.· 1986-03-10 ·cited 20×·via Habeas Corpus Review
  The court held that a state trial court's denial of a continuance, which resulted in the defendant proceeding to trial without counsel, did not violate the Sixth Amendment because the defendant failed to demonstrate a lack of fair opportunity to secure counsel and the denial was
• United States ex rel. Alonzo Howard Jones v. DeROBERTIS
  766 F.2d 270· 7th Cir.· 1985-06-17 ·cited 20×·via Habeas Corpus Review
  The court held that the state courts' rejection of the defendant's claims regarding false testimony and Brady violations was entitled to deference, and that the defendant's other claims lacked merit or were procedurally barred.
• Beans v. Black
  757 F.2d 933· 8th Cir.· 1985-03-08 ·cited 20×·via Habeas Corpus Relief
  The court held that the appellant was not denied a full, fair, and adequate hearing on his competency to stand trial and did not receive ineffective assistance of counsel.
• Rudolph v. Blackburn
  750 F.2d 302· 5th Cir.· 1984-12-04 ·cited 20×·via Habeas Corpus Relief
  A federal habeas petitioner's failure to raise an unexhausted claim in a prior petition constitutes an abuse of the writ, even if the claim was unexhausted at the time of the prior petition.
• McLAUGHLIN v. Gabriel
  726 F.2d 7· 1st Cir.· 1984-01-27 ·cited 20×·via Federal Habeas Corpus
  A federal habeas corpus petitioner's failure to object to jury instructions at trial, and subsequent failure to present claims in prior petitions without adequate excuse, bars consideration of those claims.
• Carrier v. Hutto
  724 F.2d 396· 4th Cir.· 1983-12-27 ·cited 20×·via Federal Habeas Corpus
  The dissenting judge argues that the petitioner failed to exhaust state remedies and did not demonstrate cause and prejudice for federal habeas review.
• Diaz v. T.C. Martin
  718 F.2d 1372· 5th Cir.· 1983-11-10 ·cited 20×·via Habeas Corpus Review
  A guilty plea, if voluntarily and knowingly entered, should not be set aside.
• Fardella v. Garrison
  698 F.2d 208· 4th Cir.· 1982-12-23 ·cited 20×
  The Commission was authorized to reopen parole proceedings based on previously existing but unconsidered information, and its actions did not create a presumption of vindictiveness.
• United States v. Scherer
  673 F.2d 176· 7th Cir.· 1982-01-26 ·cited 20×·via Habeas Corpus Relief
  The court held that newly discovered evidence did not demonstrate fundamental error sufficient to vacate the conviction, and prior rulings on the interpretation of the Gun Control Act and Fourth Amendment issues were controlling.
• Guzzardo v. Bengston
  643 F.2d 1300· 7th Cir.· 1981-03-13 ·cited 20×·via Federal Habeas Corpus
  The court held that the petitioner's Sixth Amendment confrontation clause rights were not violated by hearsay remarks or opening statement summaries, and the pandering statute was not unconstitutionally vague. Furthermore, the petitioner did not receive ineffective assistance of
• Turner v. Fair
  617 F.2d 7· 1st Cir.· 1980-03-18 ·cited 20×·via Federal Habeas Corpus
  The court held that a federal habeas corpus petition must be dismissed if the specific legal theory supporting the constitutional claim was not fairly presented to the state courts.
• Honeycutt v. Ward
  612 F.2d 36· 2d Cir.· 1979-11-05 ·cited 20×
  The court held that the trial court's finding that the petitioner was not represented by counsel in a 1949 Oklahoma conviction was clearly erroneous, as it was contradicted by documentary evidence and the petitioner's delay prejudiced the state.
• McCURRY v. Allen
  606 F.2d 795· 8th Cir.· 1979-10-01 ·cited 20×·via Federal Habeas Corpus
  The court held that collateral estoppel does not bar a § 1983 action for search and seizure claims when federal habeas corpus relief is unavailable, and that the district court should not have granted summary judgment without considering all claims.
• United States ex rel. Harold D. Maxey & Robert P. Maxey v. Morris
  591 F.2d 386· 7th Cir.· 1979-01-05 ·cited 20×·via Federal Habeas Corpus
  Federal habeas corpus relief is precluded when a petitioner had a full and fair opportunity to litigate their Fourth Amendment claim in state court, even if the state court's ruling differs from federal precedent or if raising the issue in state court would have been deemed futil
• Burden v. State OF Ala.
  584 F.2d 100· 5th Cir.· 1978-11-17 ·cited 20×·via Habeas Corpus Review
  The court held that the state record was insufficient to determine if the guilty plea was voluntary, requiring a remand for a hearing on that issue.
• Montes v. Jenkins
  581 F.2d 609· 7th Cir.· 1978-07-13 ·cited 20×
  The district court erred by dismissing habeas corpus petitions without considering factual allegations contradicting state court findings and by failing to determine if state remedies were ineffective.
• In re McMILLAN
  579 F.2d 289· 3d Cir.· 1978-06-21 ·cited 20×·via Federal Habeas Corpus
  A default judgment from state court, grounded in fraud, does not have collateral estoppel effect in bankruptcy proceedings to establish nondischargeability of a debt under 11 U.S.C. § 35(a)(2) because the issues were not actually litigated.
• Toler v. Wyrick
  563 F.2d 372· 8th Cir.· 1977-10-12 ·cited 20×
  A federal court must grant an evidentiary hearing in a habeas corpus action if relevant facts are disputed and a fair evidentiary hearing was not granted in state court; however, if no relevant facts are disputed, the court may dismiss the petition without a hearing.
• Turley v. Wyrick
  554 F.2d 840· 8th Cir.· 1977-04-14 ·cited 20×
  The court held that the dual sovereignty doctrine permits successive state and federal prosecutions for the same act, and collateral estoppel and full faith and credit do not apply when different sovereigns are involved.
• Steffens v. The State of Fla. ex rel. Elsa Iris Lugo
  343 So. 2d 90· Fla. 3d DCA· 1977-03-08 ·cited 20×
  Elsa Iris Lugo petitioned for a writ of habeas corpus challenging her arrest under a Miami Springs municipal ordinance prohibiting female employees from exposing their breasts. The Florida District Court of Appeal affirmed the lower court's decision that the ordinance was unconst
• Trahan v. Estelle
  544 F.2d 1305· 5th Cir.· 1977-01-10 ·cited 20×·via Federal Habeas Corpus
  A guilty plea, entered with advice of counsel, breaks the chain of prior constitutional violations, and federal habeas relief is limited to the voluntariness and knowing character of the plea itself.
• Newman v. Henderson
  539 F.2d 502· 5th Cir.· 1976-09-27 ·cited 20×·via Federal Habeas Corpus
  The court held that the waiver principle does not bar federal habeas review when state courts considered the merits, and that discriminatory impact in grand jury selection, without a satisfactory explanation, allows an inference of discriminatory purpose.
• George v. Honorable Tom Blackwell
  537 F.2d 833· 5th Cir.· 1976-08-25 ·cited 20×·via Federal Habeas Corpus
  Federal courts should not grant habeas corpus relief for Fourth Amendment claims if the state provided a full and fair opportunity to litigate the issue.
• United States ex rel. Kazuyuki Sakaguchi v. Kaulukukui
  520 F.2d 726· 9th Cir.· 1975-07-09 ·cited 20×
  The court held that authenticated depositions and warrants are admissible in extradition hearings, and that sufficient competent evidence existed to support the finding of extraditability, even if some evidence was hearsay.
• Piper v. Estelle
  485 F.2d 245· 5th Cir.· 1973-09-27 ·cited 20×·via Federal Habeas Corpus
  The court held that the state's actions did not demonstrate a sufficient lack of interest to waive jurisdiction over the parolee's sentence, as required by Shields v. Beto.
• Jaroslav Sedivy v. Elliot L. Richardson
  485 F.2d 1115· 3d Cir.· 1973-09-26 ·cited 20×·via Federal Habeas Corpus
  The court concurred with the result but expressed concern that the jurisdictional amount requirement of 28 U.S.C. § 1331 was not met, suggesting this issue requires further consideration.
• Alson T. Wahrlich v. State OF Ariz.
  479 F.2d 1137· 9th Cir.· 1973-06-04 ·cited 20×·via Federal Habeas Corpus
  The court held that the state court's refusal to admit psychiatric testimony regarding specific intent did not violate due process or equal protection.
• Janes v. Heidtman
  272 So. 2d 207· Fla. 4th DCA· 1973-01-25 ·cited 20×
  The Circuit Court has jurisdiction to issue writs of habeas corpus and grant bail, even without appellate jurisdiction over the originating court.