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

• United States ex rel. Eugene Fitzgerald v. LaVALLEE
  461 F.2d 601· 2d Cir.· 1972-05-23 ·cited 20×
  The court affirmed the district court's grant of habeas corpus, finding that the petitioner's guilty plea was involuntary due to his heroin influence at the time.
• Torance C. Jackson v. State OF La.
  452 F.2d 451· 5th Cir.· 1971-12-14 ·cited 20×·via Federal Habeas Corpus
  The court affirmed the denial of a certificate of probable cause because the petitioner failed to exhaust remedies in California, where his current sentence was being served and parole was affected by the prior conviction.
• United States ex rel. Charles Townsend v. Twomey
  452 F.2d 350· 7th Cir.· 1971-11-19 ·cited 20×·via Federal Habeas Corpus
  The district court did not abuse its discretion in granting a writ of habeas corpus based on an involuntary confession, as res judicata does not apply to successive petitions and the facts supported a finding of involuntariness.
• Bonaparte v. Smith
  448 F.2d 385· 5th Cir.· 1971-09-16 ·cited 20×·via Federal Habeas Corpus
  The district court erred in finding intentional bypass of state remedies without an evidentiary hearing.
• Jackson v. Attorney General OF the United States
  447 F.2d 747· 5th Cir.· 1971-08-23 ·cited 20×·via Habeas Corpus Relief
  The court held that a federal prisoner is not entitled to credit for time spent in state custody if the federal detainer did not cause the denial of state bail, but rather the prisoner's inability to make bail.
• Guenter H. Schoeller v. Dunbar
  423 F.2d 1183· 9th Cir.· 1970-02-24 ·cited 20×·via Federal Habeas Corpus
  The court held that the district court did not err in denying the habeas corpus petition because the appellant was mentally competent when he entered his guilty plea.
• United States ex rel. Clarence Lee Sloan v. McMANN
  415 F.2d 275· 2d Cir.· 1969-09-12 ·cited 20×
  The court affirmed the denial of the habeas corpus petition without reaching the merits, to allow New York courts to adjudicate the appellant's Bruton claim.
• Sims v. Ward Lane
  411 F.2d 661· 7th Cir.· 1969-05-23 ·cited 20×·via Federal Habeas Corpus
  The dissenting judge would have reversed the district court's denial of a new trial, finding that the Indiana courts violated the defendant's due process rights by refusing a psychiatric examination and sanity hearing.
• SIU Fung LUK v. Rosenberg
  409 F.2d 555· 9th Cir.· 1969-03-28 ·cited 20×
  An alien paroled into the United States has not made an 'entry' and is not entitled to a deportation hearing upon revocation of parole, nor is a hearing before a special inquiry officer required for persecution claims under these circumstances.
• Aldridge v. United States
  405 F.2d 831· 9th Cir.· 1969-01-17 ·cited 20×·via Habeas Corpus Relief
  The court held that the defendant was not entitled to credit for pre-sentence jail time because the sentencing judge had already accounted for it when imposing a sentence less than the statutory maximum.
• Bilton v. Beto
  403 F.2d 664· 5th Cir.· 1968-11-08 ·cited 20×
  The court held that the state did not lose jurisdiction over the appellant when he was transferred to federal custody, and his claims regarding sentence commencement and credit are matters for state courts.
• Le Roy St. Clair Brown, Jr. v. Crouse
  395 F.2d 755· 10th Cir.· 1968-05-06 ·cited 20×·via Federal Habeas Corpus
  The court held that the appellant had not exhausted his state remedies because he had not utilized the available Kansas post-conviction relief procedures.
• State of Fla. ex rel. Hyman Martin v. Michell
  188 So. 2d 684· Fla. 4th DCA· 1966-07-13 ·cited 20×
  The Florida District Court of Appeal held that a state attorney has the implied common law power to request issuance of a grand jury subpoena before the grand jury is formally impaneled and sworn, rejecting petitioner Martin's challenge to a subpoena issued for a grand jury not y
• Fretwell v. Louie L. Wainwright
  185 So. 2d 701· Fla.· 1966-04-27 ·cited 20×
  The Florida Supreme Court discharged a petition for a writ of habeas corpus because the petitioner was attacking a consecutive sentence he had not yet begun to serve, and was currently serving a different sentence.
• United States ex rel. Francisco Castillo v. FAY
  350 F.2d 400· 2d Cir.· 1965-07-28 ·cited 20×·via Federal Habeas Corpus
  The admission of testimony describing the fruits of an illegal search violated the accused's constitutional rights under the Fourth and Fourteenth Amendments.
• Frace v. Russell
  341 F.2d 901· 3d Cir.· 1965-02-19 ·cited 20×
  The court held that the district court did not err in denying the inmate's application for a writ of habeas corpus, as he had not exhausted his state remedies and the accusations of prejudice were unsupported.
• Edwards v. Holman
  342 F.2d 679· 5th Cir.· 1965-02-09 ·cited 20×
• Ducksworth v. Boyer
  125 So. 2d 844· Fla.· 1960-11-16 ·cited 20×
  Escape from lawful confinement for civil contempt is a punishable offense under common law, even if the contempt statute does not apply.
• Cash v. Culver
  120 So. 2d 590· Fla.· 1960-05-11 ·cited 20×
  Ray Cash sought habeas corpus relief from his 15-year burglary sentence, claiming he was denied due process by being refused a continuance to obtain private counsel after his court-appointed attorney withdrew on the eve of trial. The Florida Supreme Court held that while there is
• McKINNEY v. Warden, United States Penitentiary, Leavenworth, Kansas
  273 F.2d 643· 10th Cir.· 1959-12-29 ·cited 20×·via Habeas Corpus Review
  The court held that the contention of ineffective assistance of counsel was not reviewable on habeas corpus as it was not raised within the military system, and the court-martial's voting procedures were proper.
• United States ex rel. Angelo Antonio Cantisani v. Holton
  248 F.2d 737· 7th Cir.· 1957-10-02 ·cited 20×
• State ex rel. Johnson v. Mayo
  69 So. 2d 307· Fla.· 1954-01-05 ·cited 20×
  Johnson, on death row for murder, sought habeas corpus relief arguing his death sentence was excessive and discriminatorily applied based on race and age, citing statistics showing that seven non-white defendants aged 15-19 were executed over 12 years while no white defendants in
• Carroll v. United States
  174 F.2d 412· 6th Cir.· 1949-05-18 ·cited 20×·via Habeas Corpus Proceedings
• United States ex rel. Weddeke v. Watkins
  166 F.2d 369· 2d Cir.· 1948-02-04 ·cited 20×
  The court held that the denial of habeas corpus was proper because the Immigration Service was not required to entertain a collateral attack on a state court conviction when denying discretionary relief from deportation.
• Peterson v. State
  221 So. 3d 571· Fla.· 2017-07-06 ·cited 19×
  Robert Earl Peterson, convicted of first-degree murder and sentenced to death based on a 7-5 jury recommendation, appeals the denial of his motion to vacate conviction and sentence. The Florida Supreme Court affirmed the denial of postconviction relief on guilt-phase ineffective
• Knight v. State
  225 So. 3d 661· Fla.· 2017-01-31 ·cited 19×
  Richard Knight was convicted of two counts of first-degree murder and sentenced to death. On appeal from denial of his Rule 3.851 postconviction motion and habeas corpus petition, the Florida Supreme Court affirmed his convictions and death sentence, finding no ineffective assist
• Peterson v. State
  154 So. 3d 275· Fla.· 2014-06-26 ·cited 19×
  Charles Peterson appeals the denial of his postconviction motion for relief challenging his first-degree murder conviction and death sentence for the 1997 murder of John Cardoso during a robbery. The Florida Supreme Court affirmed the circuit court's denial, finding that Peterson
• State of Fla. & Dep't of Juv. Just. v. S.M.
  131 So. 3d 780· Fla.· 2013-12-12 ·cited 19×
  The Florida Supreme Court held that a juvenile with a risk assessment score of zero may be placed in home detention when the risk assessment instrument indicates the juvenile has violated probation or conditional release, and that district courts cannot grant habeas relief challe
• Franqui v. State
  965 So. 2d 22· Fla.· 2007-05-03 ·cited 19×
  Leonardo Franqui appeals the circuit court's denial of his Rule 3.851 postconviction motion challenging his conviction and death sentence for first-degree murder during a bank robbery. The Florida Supreme Court affirms the denial of postconviction relief and Franqui's petition fo
• Viet HO v. State
  929 So. 2d 1155· Fla. 5th DCA· 2006-06-02 ·cited 19×
• Henyard v. State
  883 So. 2d 753· Fla.· 2004-05-27 ·cited 19×
  Richard Henyard, Jr. was convicted of two counts of first-degree murder, attempted first-degree murder, sexual battery, robbery, and kidnapping for a 1993 crime in which he and a younger accomplice robbed, raped, and shot a woman (who survived) and murdered her two young daughter
• Grossman v. Dugger
  708 So. 2d 249· Fla.· 1997-12-18 ·cited 19×
  Martin Grossman, sentenced to death for the 1984 murder of wildlife officer Peggy Park, appeals the denial of his Rule 3.850 postconviction motion and seeks habeas corpus relief. The Florida Supreme Court affirms the denial of both the postconviction motion and the habeas petitio
• Cleon L. Smith v. State
  685 So. 2d 912· Fla. 5th DCA· 1996-12-13 ·cited 19×
  Smith seeks a belated appeal of an order denying a Rule 3.800 motion for gain time credit. The court holds that a defendant cannot raise the same issue in a successive Rule 3.800 motion after failing to appeal the first denial. The court affirms the denial but discusses the subst
• Hipschman v. Cochran
  683 So. 2d 209· Fla. 4th DCA· 1996-11-27 ·cited 19×
  A Florida appellate court granted habeas corpus relief to a husband incarcerated under a civil contempt order for failure to pay alimony, finding the order constitutionally deficient because it allowed the clerk to issue arrest warrants without notice or hearing to the husband, a
• Glock v. Singletary
  36 F.3d 1014· 11th Cir.· 1994-10-07 ·cited 19×·via Habeas Corpus Review
  Robert Dewey Glock II was convicted of first-degree murder, kidnapping, and robbery in 1983 and sentenced to death. On federal habeas review, the Eleventh Circuit affirmed his murder conviction despite finding a Bruton violation in the admission of his nontestifying codefendant's
• Deutscher v. Harol Whitley
  946 F.2d 1443· 9th Cir.· 1991-10-15 ·cited 19×·via Federal Habeas Corpus
  The court held that constitutional errors at sentencing, including ineffective assistance of counsel and an unconstitutionally vague aggravating factor, undermined the accuracy of the death sentence, thus warranting a grant of habeas corpus to prevent a fundamental miscarriage of
• Clark v. Dugger
  901 F.2d 908· 11th Cir.· 1990-05-03 ·cited 19×·via Federal Habeas Corpus
  The court held that the petitioner's claim based on Caldwell v. Mississippi is procedurally barred under state law, and thus federal habeas relief is denied.
• Xiques v. Dugger
  571 So. 2d 3· Fla. 2d DCA· 1990-04-20 ·cited 19×
  John Xiques petitioned for habeas corpus relief, seeking belated appellate review of his 1982 escape conviction based on claims that his trial counsel failed to file a notice of appeal despite his timely request. The court denied the petition as a successive petition that could b
• In the Interest of C.M.T. v. Dep't of Health & Rehabilitative Servs.
  550 So. 2d 126· Fla. 1st DCA· 1989-10-03 ·cited 19×
  A juvenile petitioned for writ of mandamus challenging the Department of Health and Rehabilitative Services' failure to place him in a commitment program within five days of commitment, as required by Florida Statute § 959.12. The court held that the statute mandates placement wi
• Stockton v. Commonwealth OF Va.
  852 F.2d 740· 4th Cir.· 1988-07-22 ·cited 19×·via Federal Habeas Corpus
  The court held that a diner owner's comment to jurors during sentencing deliberations, suggesting the defendant should be executed, created a presumption of prejudice that the Commonwealth failed to rebut, thus vacating the death sentence.
• McCUNE v. The City OF Grand Rapids
  842 F.2d 903· 6th Cir.· 1988-03-25 ·cited 19×·via Habeas Corpus Relief
  The court held that the statute of limitations for a section 1983 claim accrues when the plaintiff knows or has reason to know of the injury, and that continuing incarceration is an effect, not a continuing tort.
• Hajduk v. United States
  764 F.2d 795· 11th Cir.· 1985-07-01 ·cited 19×
  A challenge to parole commission actions, not the original sentence, must be brought via habeas corpus under 28 U.S.C. § 2241, not a motion to vacate sentence under 28 U.S.C. § 2255.
• DiRUGGIERO v. Rodgers
  743 F.2d 1009· 3d Cir.· 1984-09-17 ·cited 19×
  The court held that claims under the Parental Kidnapping Prevention Act (PKPA) arise under federal law, and that the domestic relations exception does not bar diversity jurisdiction over a state-law child abduction tort claim.
• Walker v. A.L. Lockhart
  726 F.2d 1238· 8th Cir.· 1984-01-18 ·cited 19×
  The court, sitting en banc, granted a petition for recall of mandate and remanded the case to the district court to take evidence on new factual issues. These issues include testimony from Russell Kumpe and his former wife regarding Kumpe's alleged firing of a gun, and the admiss
• Hoover v. State OF Md.
  714 F.2d 301· 4th Cir.· 1983-07-28 ·cited 19×·via Federal Habeas Corpus
  The dissenting judge holds that the trial court did not abuse its discretion in limiting cross-examination regarding a witness's bias, as sufficient evidence of bias was presented to the jury.
• Breazeale v. Bradley
  582 F.2d 5· 5th Cir.· 1978-10-10 ·cited 19×·via Federal Habeas Corpus
  The court held that a federal habeas corpus petition must be dismissed for lack of jurisdiction, as the petitioner was in custody in Alabama and not Florida.
• United States v. Hollis
  569 F.2d 199· 3d Cir.· 1977-12-29 ·cited 19×·via Habeas Corpus Proceedings
  The court held that the trial court erred in placing the burden of proving incompetency on the habeas petitioner when the issue of competency was raised but not litigated prior to conviction.
• Boyer v. City OF Orlando
  232 So. 2d 169· Fla.· 1970-02-25 ·cited 19×
  William Boyer was convicted of disorderly conduct and resisting a police officer in municipal court without being advised of his right to counsel or offered appointed counsel, despite being indigent. The Florida Supreme Court declined to answer a certified question about the cons
• State of Fla. ex rel. Rose Miller v. Kelly
  88 So. 2d 118· Fla.· 1956-06-06 ·cited 19×
  A defendant who moves for and is granted a new trial waives any claim of double jeopardy, and the materiality of testimony is a question for the jury if properly preserved.
• Snow v. Roche
  143 F.2d 718· 9th Cir.· 1944-06-30 ·cited 19×
  The court held that a writ of mandamus would not issue because the underlying petition for habeas corpus did not state a claim for illegal detention, which is the sole purpose of the writ.