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

• Stokes v. Galloway
  61 Fla. 437· Fla.· 1911-01-01 ·cited 19×·via Habeas Corpus Proceedings
  This case concerns whether an amendment to a state statute, Chapter 5692, Acts of 1907, violated a constitutional provision requiring laws to embrace but one subject, briefly expressed in the title. The court found the amendment constitutional and affirmed the lower court's decis
• Clemons v. Comm'r, Ala. Dep't of Corr.
  967 F.3d 1231· 11th Cir.· 2020-07-30 ·cited 18×·via Federal Habeas Corpus
  Eugene Clemons, convicted of capital murder of a federal DEA agent, sought federal habeas relief on thirty-two claims after the Supreme Court decided in Atkins v. Virginia that executing intellectually disabled persons violates the Eighth Amendment. The Eleventh Circuit affirmed
• Jimenez v. State
  196 So. 3d 499· Fla. 3d DCA· 2016-07-13 ·cited 18×
  Diego Jimenez appeals an order prohibiting him from filing further pro se pleadings related to his 2003 criminal convictions and 60-year sentence. The Third District Court of Appeal affirmed the prohibition, finding that Jimenez's filing of numerous successive, meritless motions
• Jarvis D. Coleman v. State
  128 So. 3d 193· Fla. 5th DCA· 2013-12-06 ·cited 18×
  Jarvis Coleman sought habeas corpus relief claiming manifest injustice stemming from his second-degree murder conviction. The court granted the petition, finding that appellate counsel was ineffective for failing to file a supplemental brief raising the Montgomery decision during
• Shellito v. State
  121 So. 3d 445· Fla.· 2013-07-03 ·cited 18×
  Michael Wayne Shellito was convicted of first-degree murder and sentenced to death. On appeal, the Florida Supreme Court affirmed his conviction but reversed and remanded for a new penalty phase, finding his trial counsel was ineffective for failing to adequately investigate and
• Alvarez v. Attorney Gen. FOR the State of Fla.
  679 F.3d 1257· 11th Cir.· 2012-05-08 ·cited 18×·via Federal Habeas Corpus
  Carl Robert Alvarez, convicted in 1991 of first-degree murder, sexual battery, and aggravated child abuse, appealed a district court dismissal of his § 1983 civil rights action challenging Florida's denial of his petition for postconviction DNA testing. The Eleventh Circuit affir
• Dill v. State
  79 So. 3d 849· Fla. 5th DCA· 2012-01-27 ·cited 18×
  Appellate counsel was ineffective for failing to seek supplemental briefing on a jury instruction that was later found to be fundamental error.
• K.E. v. Dep't OF Juv. Just.
  963 So. 2d 864· Fla. 1st DCA· 2007-08-14 ·cited 18×
  K.E., a child accused of misdemeanor battery and resisting arrest, challenged her detention in a juvenile delinquency case via habeas corpus. The court granted the petition, finding that the trial judges violated Florida's detention statutes by failing to provide clear and convin
• J.J. v. Fryer
  765 So. 2d 260· Fla. 4th DCA· 2000-08-15 ·cited 18×
  A 13-year-old juvenile petitioner sought habeas corpus relief to challenge a trial court's order placing him in secure detention for 21 days pending adjudication on grand theft auto charges. The court granted the petition, holding that the trial judge violated statutory requireme
• J.M.B. v. State
  750 So. 2d 654· Fla. 2d DCA· 1999-06-25 ·cited 18×
  J.M.B., a juvenile adjudicated delinquent in multiple cases, appealed contesting the voluntariness of his guilty pleas and claiming inadequate plea colloquies. The court held that while the plea colloquies were inadequate, a juvenile cannot challenge plea voluntariness on direct
• Diaz v. Dugger
  719 So. 2d 865· Fla.· 1998-06-11 ·cited 18×
  Angel Diaz appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion for postconviction relief in a death penalty case, and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's denial of relief, finding no merit to Diaz's clai
• Clark v. State
  690 So. 2d 1280· Fla.· 1997-03-27 ·cited 18×
  Larry Clark challenges his 1981 first-degree murder conviction and death sentence in a Rule 3.850 postconviction relief appeal. The Florida Supreme Court affirms the conviction and guilt-phase denial but reverses the death sentence, finding that Clark's trial counsel provided ine
• Henderson v. Singletary
  617 So. 2d 313· Fla.· 1993-04-19 ·cited 18×
  Robert Dale Henderson, a death row inmate under three death sentences, sought a stay of execution and challenged his death sentences through a second Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court rejected all claims as either procedurally barred or harml
• Young v. Herring
  938 F.2d 543· 5th Cir.· 1991-07-26 ·cited 18×·via Federal Habeas Corpus
  The court affirmed the denial of the habeas petition, finding that the petitioner's claims regarding ex parte jury communication, prosecutorial misconduct, and ineffective assistance of counsel were without merit or based on frivolous allegations.
• Chichakly v. United States
  926 F.2d 624· 7th Cir.· 1991-02-21 ·cited 18×
  The court held that the defendant's claims of ineffective assistance of counsel and incompetence to plead guilty were without merit, affirming the denial of his habeas corpus petition.
• United States v. Kinsey
  917 F.2d 181· 5th Cir.· 1990-11-01 ·cited 18×·via Habeas Corpus Proceedings
  The court held that a Sixth Amendment ineffective assistance of counsel claim cannot be resolved on direct appeal without a district court record, and that the use of defendant's admissions in sentencing requires factual findings regarding what the government knew prior to the pl
• Sikes v. McMILLIAN
  564 So. 2d 1206· Fla. 1st DCA· 1990-07-25 ·cited 18×
  An appellate court may grant relief via habeas corpus if a petitioner demonstrates that the amount of bail set by the trial court is unreasonable under the circumstances.
• Jones v. U.S. Bureau OF Prisons
  903 F.2d 1178· 8th Cir.· 1990-05-17 ·cited 18×
  The court held that it lacks jurisdiction to review the substantive decisions of the Parole Commission to grant or deny parole, and that the petitioner is not entitled to habeas relief because he eventually received a parole hearing, despite the delay.
• Bolender v. Dugger
  564 So. 2d 1057· Fla.· 1990-05-17 ·cited 18×·via Habeas Corpus Relief
  Bernard Bolender, a death row inmate with a second execution warrant signed, petitioned for habeas corpus relief and appealed the denial of his Rule 3.850 postconviction motion. The Florida Supreme Court denied relief, finding his claims either procedurally barred as relitigation
• Duncan v. State OF Ala.
  881 F.2d 1013· 11th Cir.· 1989-08-24 ·cited 18×·via Federal Habeas Corpus
  The court held that the petitioner knowingly and intelligently waived his right to conflict-free counsel, affirming the denial of his habeas corpus petition.
• Martinez v. Sullivan
  881 F.2d 921· 10th Cir.· 1989-08-04 ·cited 18×
  The prosecution's failure to utilize the Uniform Act to secure an out-of-state witness, coupled with the witness's history of unreliability, meant the witness was not legally "unavailable" and their prior testimony should not have been admitted, and this error was not harmless.
• Kazimierz S. BAL v. A.D. Moyer
  883 F.2d 45· 7th Cir.· 1989-07-19 ·cited 18×
  The court held that the district court did not err in applying the Achacoso-Sanchez standard of review to the denial of a stay of deportation, and that summary judgment was appropriate despite disputed medical evidence.
• Weidner v. Thieret
  866 F.2d 958· 7th Cir.· 1989-01-31 ·cited 18×·via Habeas Corpus Proceedings
• Glock v. Dugger
  537 So. 2d 99· Fla.· 1989-01-12 ·cited 18×
  Robert Glock challenges his death sentence imposed for the August 1983 murder of a woman during a kidnapping and robbery committed with codefendant Puiatti. The Florida Supreme Court affirmed the trial court's summary denial of postconviction relief and rejected Glock's claims th
• Turner v. State OF Tenn.
  858 F.2d 1201· 6th Cir.· 1988-10-07 ·cited 18×·via Habeas Corpus Relief
  The court held that a presumption of vindictiveness should not attach to the state's twenty-year plea bargain offer, as there was no realistic likelihood of vindictiveness.
• Martens v. Shannon
  836 F.2d 715· 1st Cir.· 1988-01-12 ·cited 18×·via Federal Habeas Corpus
  The court held that a federal habeas petition containing both exhausted and unexhausted claims must be dismissed.
• Wilson v. Butler
  825 F.2d 879· 5th Cir.· 1987-08-17 ·cited 18×·via Habeas Corpus Review
  The court held that in a death penalty case, evidence presented at an evidentiary hearing for one ineffective assistance claim should also be considered for a related claim, even if initially deemed insufficient, to avoid potential grave injustice.
• Cook v. Lynaugh
  821 F.2d 1072· 5th Cir.· 1987-07-07 ·cited 18×
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, and that the petitioner's counsel was constitutionally deficient for failing to investigate a prior conviction used for sentence enhancement.
• Woratzeck v. Ricketts
  820 F.2d 1450· 9th Cir.· 1987-06-25 ·cited 18×·via Habeas Corpus Review
  The court held that the claim of right defense is eliminated for robbery by statute and that no theft instruction was warranted due to lack of supporting evidence.
• Cook v. Foltz
  814 F.2d 1109· 6th Cir.· 1987-03-31 ·cited 18×·via Federal Habeas Corpus
  The court held that ineffective assistance of counsel can constitute cause for a procedural default, but the petitioner's claim of ineffective assistance was meritless.
• Perry v. Freddy V. Smith
  810 F.2d 1078· 11th Cir.· 1987-02-23 ·cited 18×·via Habeas Corpus Relief
  The Due Process Clause does not require a state court to instruct the jury on lesser included offenses in a noncapital murder case.
• United States v. Baker
  807 F.2d 1315· 6th Cir.· 1986-12-29 ·cited 18×·via Federal Habeas Corpus
  The court held that the initial commitment under § 4241(d) was valid for only four months, and the subsequent indefinite commitment under § 4246 was invalid due to procedural and due process violations.
• Spalla v. Foltz
  788 F.2d 400· 6th Cir.· 1986-04-18 ·cited 18×·via Habeas Corpus Review
  The court held that the circumstantial evidence was sufficient to support the second-degree murder conviction, the prosecutor's comments were not an unconstitutional violation of the Fifth Amendment, the trial court's handling of jury transcript requests did not deny due process,
• United States v. O'Leary
  788 F.2d 1238· 7th Cir.· 1986-04-16 ·cited 18×
  The court held that the petitioner's appeal must be dismissed for lack of jurisdiction because the notice of appeal was not timely filed and no timely motion for an extension was made.
• Griggs v. Louie L. Wainwright
  473 So. 2d 49· Fla. 1st DCA· 1985-08-01 ·cited 18×
  The court held that the trial court correctly denied the petition for writ of habeas corpus because the petitioner failed to exhaust administrative remedies.
• Richardson v. Procunier
  762 F.2d 429· 5th Cir.· 1985-06-10 ·cited 18×·via Federal Habeas Corpus
  A Texas inmate seeking federal habeas relief has not exhausted state remedies if they fail to petition the Texas Court of Criminal Appeals for discretionary review of their conviction.
• Gilbert v. Al Parke
  763 F.2d 821· 6th Cir.· 1985-06-10 ·cited 18×·via Habeas Corpus Relief
  The Sixth Circuit affirmed the district court's denial of habeas corpus relief, holding that the petitioner's Fourth Amendment claim was barred by Stone v. Powell and that his other claims were procedurally defaulted without a showing of cause and prejudice.
• Harvey and Rebecca Rumbaugh v. Procunier
  753 F.2d 395· 5th Cir.· 1985-02-20 ·cited 18×·via Federal Habeas Corpus
  The court held that the determination of competency to waive federal habeas review in a death case is a mixed question of fact and law, not subject to the clearly erroneous standard of review.
• Kirkman v. Louie L. Wainwright
  465 So. 2d 1262· Fla. 5th DCA· 1985-02-15 ·cited 18×
  Kirkman petitioned for habeas corpus relief after being resentenced for probation violation to 4.5 years without receiving credit for 4 years of imprisonment served before his initial parole release. The court held that Florida law requires sentencing courts to credit all prior p
• Miller v. Fenton
  741 F.2d 1456· 3d Cir.· 1984-08-17 ·cited 18×·via Habeas Corpus Review
  The court held that the majority erred in treating the voluntariness of a confession as a question of fact, thereby deferring to state court findings, when Supreme Court precedent establishes it as a mixed question of law and fact requiring independent federal review.
• Adams v. State
  449 So. 2d 819· Fla.· 1984-05-02 ·cited 18×
  James Adams, convicted of first-degree murder and sentenced to death, appeals the denial of his post-conviction relief motion and petitions for habeas corpus. The Florida Supreme Court affirms the trial court's denial, rejecting his arguments that his death sentence relied on an
• Sockwell v. Maggio
  709 F.2d 341· 5th Cir.· 1983-07-11 ·cited 18×·via Federal Habeas Corpus
  The court held that a pro se petitioner's claim of unawareness of new controlling law, like Edwards v. Arizona, can constitute a justifiable reason for filing a successive habeas petition, thus precluding dismissal for abuse of the writ.
• Pasquini v. Morris
  700 F.2d 658· 11th Cir.· 1983-03-17 ·cited 18×
  The court held that the Immigration and Naturalization Service's Internal Operating Instruction (O.I.) 103.1(a)(1)(ii) does not confer substantive rights on aliens seeking deferred action status, as it is for the convenience of the INS and lacks the force of law.
• Duvallon v. State
  691 F.2d 483· 11th Cir.· 1982-11-08 ·cited 18×·via Federal Habeas Corpus
  A petitioner convicted of a state offense punishable only by a fine is not 'in custody' for federal habeas corpus jurisdiction under 28 U.S.C. § 2254.
• Elva Rubio v. Estelle
  689 F.2d 533· 5th Cir.· 1982-10-18 ·cited 18×·via Habeas Corpus Relief
  The court held that the appellant's constitutional rights were not violated during her state trial, and thus federal habeas corpus relief was properly denied.
• Hamlin v. Warren
  664 F.2d 29· 4th Cir.· 1981-11-03 ·cited 18×·via Federal Habeas Corpus
  The dissent argues that a state prisoner's claim for damages under § 1983, which does not directly attack the fact or length of confinement, should not require exhaustion of state remedies.
• Wayne v. Wyrick
  646 F.2d 1268· 8th Cir.· 1981-04-20 ·cited 18×·via Habeas Corpus Relief
• Hilary Davis v. Page
  640 F.2d 599· 5th Cir.· 1981-03-23 ·cited 18×
  The dissenting judge argues that federal habeas corpus relief is an inappropriate vehicle for addressing state child custody disputes, and that federal courts should defer to state courts in such matters.
• Tennyson BOE v. Fort Belknap Indian Community OF Fort Belknap Reservation
  642 F.2d 276· 9th Cir.· 1981-03-16 ·cited 18×·via Habeas Corpus Relief
  Federal courts lack jurisdiction to grant civil relief for alleged violations of tribal laws, as the Indian Civil Rights Act (ICRA) only permits habeas corpus relief, and claims arising under the Indian Reorganization Act (IRA) do not inherently present a federal question unless
• Tifford v. Louie L. Wainwright
  592 F.2d 233· 5th Cir.· 1979-03-28 ·cited 18×
  The court held that the State's new argument, raised for the first time on rehearing, would not be considered because it was not timely raised and lacked substantial justice. Furthermore, even if considered, the argument would fail as the state court's factual determination was n