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

• Scott v. State
  657 So. 2d 1129· Fla.· 1995-03-16 ·cited 17×
  Paul Scott, convicted and sentenced to death for a 1978 murder, appeals the denial of his third Rule 3.850 motion, claiming Brady violations based on newly discovered evidence suggesting his co-defendant Kondian, not Scott, committed the murder. The Florida Supreme Court reverses
• Romero v. State
  637 So. 2d 7· Fla. 4th DCA· 1994-05-04 ·cited 17×
  In this case, the Fourth District Court of Appeal addressed a situation where two co-defendants tried together received disparate treatment on appeal—Romero's conviction was affirmed while his co-defendant Gonzalez's conviction was later reversed for the same error. The court gra
• Sonny Boy Oats v. Dugger
  638 So. 2d 20· Fla.· 1994-03-31 ·cited 17×
  The court held that the prisoner's claims were procedurally barred as they could have been raised on direct appeal or were not preserved, and affirmed the denial of postconviction relief and denied the habeas petition.
• Agan v. Singletary
  12 F.3d 1012· 11th Cir.· 1994-01-11 ·cited 17×·via Habeas Corpus Relief
  James Agan was convicted of murdering fellow inmate Dana DeWitt and sentenced to death after pleading guilty. The Eleventh Circuit affirmed the District Court's grant of habeas corpus relief, holding that Agan's trial counsel provided ineffective assistance under Strickland v. Wa
• Wells v. State
  598 So. 2d 259· Fla. 1st DCA· 1992-05-11 ·cited 17×
  Billy Joseph Wells challenged the summary denial of his Rule 3.850 post-conviction motion for ineffective assistance of counsel. The court affirmed the denial of other grounds but reversed the summary denial of the ineffective assistance of trial counsel claim, finding the trial
• MAY v. Collins
  955 F.2d 299· 5th Cir.· 1992-02-26 ·cited 17×·via Federal Habeas Corpus
  The court granted the certificate of probable cause to appeal, finding the issue debatable among jurists of reason, but ultimately affirmed the district court's denial of the writ, holding the state court's 'paper hearing' was adequate for § 2254(d) presumption of correctness.
• Collier v. Jones
  910 F.2d 770· 11th Cir.· 1990-09-06 ·cited 17×
  The court held that the petitioner's claims of perjury and racial discrimination in jury selection were procedurally defaulted, and his ineffective assistance of counsel claim was without merit.
• Nixon v. Lanson Newsome
  888 F.2d 112· 11th Cir.· 1989-11-14 ·cited 17×·via Habeas Corpus Relief
  The court held that the petitioner received constitutionally ineffective assistance of counsel because his trial attorney failed to impeach the key eyewitness with her prior inconsistent testimony, and this failure likely affected the outcome of the trial.
• Sanchez v. Eloy Mondragon
  858 F.2d 1462· 10th Cir.· 1988-10-06 ·cited 17×·via Habeas Corpus Review
  The court held that the trial court's inquiry into the defendant's decision to waive counsel and proceed pro se was inadequate, violating his Sixth Amendment right to counsel.
• Hardin v. Black
  845 F.2d 953· 11th Cir.· 1988-05-23 ·cited 17×·via Federal Habeas Corpus
  The court held that the district court erred in applying a procedural bar to seventeen claims, which must be reconsidered on the merits, and affirmed the denial of other claims.
• Davis v. Dugger
  829 F.2d 1513· 11th Cir.· 1987-09-28 ·cited 17×·via Federal Habeas Corpus
  The court held that the petitioner was not guilty of deliberate delay that would support dismissal under Rule 9(a), and exhaustion of state remedies was achieved before final action by the district court.
• Dickerson v. State OF La.
  816 F.2d 220· 5th Cir.· 1987-05-13 ·cited 17×·via Federal Habeas Corpus
  Pre-trial federal habeas corpus relief is not available to adjudicate a state prisoner's speedy trial or due process claims when those issues can be resolved through pending state court proceedings.
• Thigpen v. Cory
  804 F.2d 893· 6th Cir.· 1986-10-27 ·cited 17×·via Federal Habeas Corpus
  The court held that the state's identification procedures did not violate due process, as the trial court's factual determination of reliability was entitled to a presumption of correctness under 28 U.S.C. § 2254(d).
• Heath v. United States Parole Comm'n & Robert Henderson
  788 F.2d 85· 2d Cir.· 1986-04-15 ·cited 17×·via Habeas Corpus Relief
  The court held that the Parole Commission's procedures were not untimely and that any potential delay did not warrant habeas relief absent prejudice or bad faith. The court also denied the request for assigned counsel.
• In re Demjanjuk v. Honorable Edwin Meese
  784 F.2d 1114· D.C. Cir.· 1986-02-27 ·cited 17×
  The court held that the petitioner was not entitled to a writ of habeas corpus, a hearing, or a stay of extradition because the Genocide Convention had not yet taken effect and was irrelevant to the extradition charges, which were for murder, not genocide.
• United States v. Cochran
  770 F.2d 850· 9th Cir.· 1985-09-06 ·cited 17×·via Habeas Corpus Proceedings
  The court held that a district court's failure to conduct a colloquy with a defendant before accepting a written jury trial waiver does not automatically constitute reversible error.
• Kermit George Hilliard v. Spalding
  719 F.2d 1443· 9th Cir.· 1983-11-08 ·cited 17×·via Habeas Corpus Relief
  Failure to disclose information already known to the defense at trial does not constitute reversible error, and a remand for further discovery is unnecessary.
• Llamas-Almaguer v. Louie L. Wainwright
  666 F.2d 191· 5th Cir.· 1982-01-22 ·cited 17×·via Habeas Corpus Review
  Federal courts cannot grant habeas corpus relief for state court convictions based on alleged violations of federal statutory law if the state courts provided a full and fair opportunity to litigate those claims, unless the violation constitutes a fundamental defect resulting in
• Tooten v. Shevin
  493 F.2d 173· 5th Cir.· 1974-04-25 ·cited 17×·via Federal Habeas Corpus
  A pretrial application for a writ of prohibition to a state supreme court does not satisfy the exhaustion requirement for federal habeas corpus relief.
• United States ex rel. Juan Cruz v. LaVALLEE
  448 F.2d 671· 2d Cir.· 1971-09-13 ·cited 17×·via Federal Habeas Corpus
  Failure to object to a coerced confession at trial, when done as a deliberate trial strategy to bypass state procedures, precludes a federal habeas corpus hearing on the confession's voluntariness, even if the trial occurred before Jackson v. Denno.
• Gamez v. Beto
  406 F.2d 1000· 5th Cir.· 1969-01-30 ·cited 17×
  The court held that the district court's denial of the writ of habeas corpus was correct, as the appellant's claims did not rise to the level of constitutional violations.
• Zuniga v. State
  184 So. 2d 659· Fla. 1st DCA· 1966-03-31 ·cited 17×
  The appellate court affirmed the denial of the petition for a writ of habeas corpus, finding that the grounds for relief were not properly raised through habeas corpus.
• Whitney v. Cochran
  152 So. 2d 727· Fla.· 1963-04-19 ·cited 17×
  Dennis Whitney, a 17-year-old sentenced to death for first-degree murder, petitioned for habeas corpus claiming his conviction was tainted by denial of due process. The Florida Supreme Court upheld his conviction, rejecting arguments that his stipulation to facts was coercive, th
• Child v. Louie L. Wainwright
  148 So. 2d 526· Fla.· 1963-01-07 ·cited 17×
  The court held that factual disputes regarding the petitioner's sanity and the effectiveness of his counsel could not be resolved on the current record and required further evidentiary proceedings.
• Viron Paul v. State
  183 So. 3d 1154· Fla. 5th DCA· 2015-12-31 ·cited 16×
  Virón Paul appeals the summary denial of his Rule 3.850 postconviction motion, arguing ineffective assistance of trial counsel for failing to object to a fundamentally erroneous jury instruction on manslaughter by intentional act. The court reverses and remands for a new trial, f
• Morel v. Wilkins
  84 So. 3d 226· Fla.· 2012-03-08 ·cited 16×
  Ronald Morel, detained for nearly a decade pending a civil commitment trial under Florida's Jimmy Ryce Act for sexually violent predators, sought habeas relief claiming unconstitutional denial of treatment and indefinite pretrial detention. The Florida Supreme Court affirmed the
• Pressly v. Tadlock
  968 So. 2d 1057· Fla. 2d DCA· 2007-12-05 ·cited 16×
  The circuit court properly denied the petition for writ of habeas corpus because the Department of Corrections' calculation of the release date was not illegal, and any sentencing error must be addressed in the sentencing court.
• Lenard James Philmore v. State
  937 So. 2d 578· Fla.· 2006-06-15 ·cited 16×
  Lenard James Philmore, convicted of murdering Kazue Perron during a bank robbery, appeals a circuit court order denying post-conviction relief under Rule 3.851 and petitions for a writ of habeas corpus. The Florida Supreme Court affirms the trial court's rejection of Philmore's i
• Lloyd v. Crosby
  917 So. 2d 988· Fla. 3d DCA· 2005-12-28 ·cited 16×
  Douglas Lloyd, a co-defendant with Gregory Dorsett, sought habeas corpus relief based on a jury instruction error involving an ambiguous 'and/or' conjunction in robbery and false imprisonment charges. Although the court had found fundamental error in Dorsett's case, it denied Llo
• Cook v. Crosby
  914 So. 2d 490· Fla. 1st DCA· 2005-11-07 ·cited 16×
• State v. Davis
  872 So. 2d 250· Fla.· 2004-02-19 ·cited 16×
  Florida's Supreme Court reversed a capital murder conviction and death sentence, holding that trial counsel's blatant expressions of racial prejudice during jury selection—admitting he sometimes hated black people "just because they're black"—constituted ineffective assistance of
• Greenberg v. Miami Child's. Hosp. Res. Inst., Inc.
  264 F. Supp. 2d 1064· S.D. Fla.· 2003-05-29 ·cited 16×
  The court held that while unjust enrichment claims may proceed, claims for lack of informed consent, breach of fiduciary duty, fraudulent concealment, and conversion fail for insufficient pleading.
• Comer v. Moore
  817 So. 2d 784· Fla.· 2002-03-14 ·cited 16×
  The court held that the 85% minimum sentence service provision enacted by Chapter 95-294 is valid and not invalidated by prior court decisions finding other legislative acts unconstitutional under the single subject rule.
• Krasnick v. State
  780 So. 2d 1045· Fla. 4th DCA· 2001-04-04 ·cited 16×
  Carmen Krasnick appealed the denial of her habeas corpus petition seeking to file a belated postconviction motion based on her attorney's failure to timely file. The court reversed, holding that absent Supreme Court precedent imposing automatic time limits, and given that laches
• Cabberiza v. Moore
  217 F.3d 1329· 11th Cir.· 2000-07-11 ·cited 16×·via Habeas Corpus Review
  David Cabberiza was indicted for first-degree murder and entitled to a twelve-person jury under Florida law, but his attorney agreed to a six-person jury without an on-the-record waiver. The Eleventh Circuit affirmed the district court's denial of habeas corpus relief, holding th
• Brecht v. Abrahamson
  944 F.2d 1363· 7th Cir.· 1991-09-26 ·cited 16×·via Habeas Corpus Review
  The court concurs in the judgment, finding the standard for harmless constitutional error in collateral review is settled law in the circuit.
• Wells v. Petsock
  941 F.2d 253· 3d Cir.· 1991-08-16 ·cited 16×·via Habeas Corpus Review
  A state's violation of its own procedural speedy trial deadline does not automatically constitute a federal constitutional speedy trial violation, and counsel's agreement to a continuance, absent prejudice to the defense, does not amount to ineffective assistance of counsel.
• Woods v. Whitley
  933 F.2d 321· 5th Cir.· 1991-06-12 ·cited 16×·via Federal Habeas Corpus
  A federal habeas corpus petitioner must demonstrate cause and prejudice for failing to raise claims in a prior petition, or show a fundamental miscarriage of justice, to avoid dismissal for abuse of the writ.
• Pilchak v. Camper
  935 F.2d 145· 8th Cir.· 1991-06-04 ·cited 16×·via Habeas Corpus Relief
  The court affirmed the district court's grant of habeas corpus, finding that the defendant's life sentence was a fundamentally unjust incarceration due to constitutional violations, allowing an exception to the cause-prejudice rule.
• Young v. Herring
  917 F.2d 858· 5th Cir.· 1990-11-06 ·cited 16×·via Federal Habeas Corpus
  The dissent argues that the majority misapplies the 'plain statement' rule from Harris v. Reed, improperly expanding federal habeas review by disregarding an adequate and independent state procedural ground.
• High v. Zant
  916 F.2d 1507· 11th Cir.· 1990-10-23 ·cited 16×·via Federal Habeas Corpus
  The court held that the district court did not abuse its discretion in denying High's motion for Rule 60(b)(6) relief because there was no supervening change in law and the jury's erroneous perception was not of constitutional dimension.
• WAY v. Dugger
  568 So. 2d 1263· Fla.· 1990-09-06 ·cited 16×
  Fred Lewis Way was convicted of murder for killing his wife and daughter and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated his death sentence due to improper jury instructions in the penalty phase that failed to inform the jury it could conside
• Rogers-Bey v. Lane
  896 F.2d 279· 7th Cir.· 1990-02-22 ·cited 16×·via Federal Habeas Corpus
  The court held that the Illinois appellate court's finding of waiver was an independent and adequate basis for decision, even though it also analyzed the issue for plain error.
• Smith v. Dugger
  565 So. 2d 1293· Fla.· 1990-02-15 ·cited 16×
  Frank Lee Smith, convicted of the 1985 sexual battery and first-degree murder of an eight-year-old girl, petitioned for habeas corpus and appealed the denial of his rule 3.850 postconviction relief motion. The Florida Supreme Court reversed in part, granting a stay of execution a
• Bocharski v. The Cir. Court OF the Second Jud. Cir.
  552 So. 2d 946· Fla. 1st DCA· 1989-11-08 ·cited 16×
  A writ of mandamus is granted to compel the circuit court to process a habeas corpus petition without requiring a filing fee or affidavit of insolvency.
• United States v. Woods
  870 F.2d 285· 5th Cir.· 1989-04-17 ·cited 16×·via Habeas Corpus Relief
  A federal prisoner's failure to demonstrate prima facie constitutional error in his guilty plea proceedings, even with a lost transcript, warrants denial of habeas corpus relief.
• King v. Lynaugh
  868 F.2d 1400· 5th Cir.· 1989-03-21 ·cited 16×
  The court, in a concurring opinion, expresses reservations about applying the contemporaneous objection rule to claims that have been revived by Supreme Court certiorari, suggesting that such claims should be reviewed on their merits.
• Harper v. Crispus NIX
  867 F.2d 455· 8th Cir.· 1989-02-03 ·cited 16×
  The court held that the petitioner failed to demonstrate sufficient cause to overcome the procedural default of his claims and that the admission of identification evidence did not result in the conviction of an actually innocent person.
• Quadrini v. Clusen
  864 F.2d 577· 7th Cir.· 1989-01-11 ·cited 16×
  The court held that the petitioner's confession was voluntary and that his Sixth Amendment right to counsel had attached but was validly waived. The court affirmed the denial of the habeas corpus petition.
• Shaheed Madyun v. Young
  852 F.2d 1029· 7th Cir.· 1988-07-26 ·cited 16×