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. Edwin A. Goodman v. Kehl
  456 F.2d 863· 2d Cir.· 1972-03-14 ·cited 16×·via Federal Habeas Corpus
  The federal court improperly intervened in state proceedings by granting habeas corpus relief before state remedies were exhausted, thus the order granting relief is reversed.
• Perry v. Blackledge
  453 F.2d 856· 4th Cir.· 1971-12-27 ·cited 16×·via Federal Habeas Corpus
  The court held that the petitioner was not required to exhaust state remedies because the state's highest court had repeatedly rejected similar claims, making further state court action futile.
• Biggers v. Neil
  448 F.2d 91· 6th Cir.· 1971-08-18 ·cited 16×·via Federal Habeas Corpus
  The Court of Appeals affirmed the District Court's grant of habeas corpus, holding that a prior 4-4 affirmance by the Supreme Court did not preclude federal review of the due process claim and that the identification procedures were indeed violative of due process.
• Jackson v. Turner
  442 F.2d 1303· 10th Cir.· 1971-05-27 ·cited 16×·via Federal Habeas Corpus
  Counsel appointed to represent indigent persons on appeal must advise them of their right to appeal, inquire whether they wish to appeal, and perfect an appeal if requested, even if counsel believes the appeal to be frivolous.
• Wallace v. Hocker
  441 F.2d 219· 9th Cir.· 1971-04-13 ·cited 16×·via Habeas Corpus Proceedings
  A defendant's inculpatory statements cannot be presented to a jury unless they have been found voluntary by a separate tribunal, requiring a preliminary determination by the trial judge.
• United States ex rel. Raymond Figueroa v. McMANN
  411 F.2d 915· 2d Cir.· 1969-06-03 ·cited 16×
  The court held that a federal court should dismiss a habeas corpus petition if the state forum is available to consider a materially different claim and stronger evidentiary case.
• James (Jimmy) FOX v. Dutton
  406 F.2d 123· 5th Cir.· 1968-12-12 ·cited 16×·via Federal Habeas Corpus
• The State OF Tex. v. Grundstrom
  404 F.2d 644· 5th Cir.· 1968-10-25 ·cited 16×
  The court granted the State's motion to dismiss its appeal, declining to impose conditions on the dismissal or rule on unripe constitutional questions.
• Dock Perry Glenn v. Ciccone
  370 F.2d 361· 8th Cir.· 1966-12-19 ·cited 16×
  The court held that the district court correctly denied the writ of habeas corpus because the petitioner failed to exhaust available remedies and the issues raised were either moot or not properly before the court.
• Holman v. Caliph Washington
  364 F.2d 618· 5th Cir.· 1966-08-08 ·cited 16×
  The court held that the admission of prior trial testimony of an absent witness, without a proper predicate showing diligent search and unavailability, violated the petitioner's Sixth and Fourteenth Amendment rights. The court reversed the district court's finding regarding the c
• Watkins v. Morris
  179 So. 2d 348· Fla.· 1965-10-27 ·cited 16×
  Watkins seeks habeas corpus release from prison after being convicted in traffic court of driving while intoxicated, reckless driving, and leaving the scene of an accident with injury. The Florida Supreme Court holds that while the traffic court lacked jurisdiction over the felon
• The State of Fla. on the relation of Rene Evans Paine, Jr. v. Paine
  166 So. 2d 708· Fla. 3d DCA· 1964-06-23 ·cited 16×·via Habeas Corpus Proceedings
  A former husband appealed an order awarding attorney's fees to his ex-wife in a habeas corpus proceeding over child custody. The court reversed, holding that statutory authority to award attorney's fees under § 65.16, Fla.Stat. applies only to proceedings enforcing alimony or chi
• Trujillo v. Tinsley
  333 F.2d 185· 10th Cir.· 1964-06-22 ·cited 16×·via Federal Habeas Corpus
  The court held that a state prisoner's claims of insufficient evidence and an improper jury instruction on flight are not reviewable on federal habeas corpus unless they rise to the level of a constitutional violation.
• Buder v. Bell
  306 F.2d 71· 6th Cir.· 1962-07-27 ·cited 16×
  The appellate court held that the district court erred in granting a writ of habeas corpus, as the petitioner's claims did not rise to the level of a due process violation but were matters for direct appeal.
• Deese v. Cochran
  139 So. 2d 429· Fla.· 1962-03-28 ·cited 16×
  John Deese challenges his consecutive prison sentences by habeas corpus, claiming time served on parole should credit toward his sentence or satisfy both convictions. The Florida Supreme Court holds that parole time cannot be credited against a sentence under statutory law, and t
• Amos Black v. United States
  301 F.2d 418· 10th Cir.· 1962-03-20 ·cited 16×
  The court held that habeas corpus is unavailable when the remedy under 28 U.S.C.A. § 2255 is adequate and effective, and mere distance does not render the § 2255 remedy inadequate.
• Charley Spry v. Otto C. Boles
  299 F.2d 332· 4th Cir.· 1962-02-13 ·cited 16×
  The court held that the failure to 'duly caution' the petitioner before imposing a life sentence under the recidivist statute rendered the sentence void, entitling him to release.
• United States ex rel. Paul Crump v. Sain
  295 F.2d 699· 7th Cir.· 1961-10-16 ·cited 16×·via Habeas Corpus Proceedings
  The court held that the district court's finding that the relator's confession was voluntary was not clearly erroneous, and thus affirmed the dismissal of the habeas corpus petition.
• Jones v. Cunningham
  294 F.2d 608· 4th Cir.· 1961-09-14 ·cited 16×·via Writ Of Habeas Corpus Ad Subjiciendum
  The court held that a prisoner's parole after extended proceedings does not moot his appeal contesting a conviction obtained in violation of constitutional rights.
• Pecnik v. Blackburn
  132 So. 2d 604· Fla. 2d DCA· 1961-08-30 ·cited 16×
  Albert Martin Pecnik appealed his rendition to Wisconsin on extradition charges, arguing that the Governor of Wisconsin's demand for extradition was insufficient because it failed to explicitly allege that he was present in Wisconsin at the time of the crime. The Florida District
• Whitley v. Warden William F. Steiner
  293 F.2d 895· 4th Cir.· 1961-07-26 ·cited 16×·via Federal Habeas Corpus
  A state prisoner who fails to avail himself of a state remedy for a constitutional claim, and subsequently loses the opportunity to do so, is barred from seeking federal habeas corpus relief.
• McGANN v. Taylor
  289 F.2d 820· 10th Cir.· 1961-04-18 ·cited 16×
  A petitioner seeking habeas corpus relief must demonstrate entitlement to immediate release, and cannot attack concurrent sentences if the primary sentence is valid.
• United States ex rel. John Sadowy v. FAY
  284 F.2d 426· 2d Cir.· 1960-11-25 ·cited 16×
  The exclusion of lie detector test results by the trial court, even if erroneous under state law, does not raise a federal question and does not violate due process.
• DYE v. Beryl C. Sacks
  279 F.2d 834· 6th Cir.· 1960-06-13 ·cited 16×
  The court held that a petitioner seeking a writ of habeas corpus after exhausting state remedies and failing to secure certiorari cannot use habeas corpus to relitigate issues already decided adversely in state courts, especially when no substantial federal question is presented.
• United States ex rel. Harold D. Rogers v. Richmond
  271 F.2d 364· 2d Cir.· 1959-10-28 ·cited 16×·via Federal Habeas Corpus
  The dissenting judge argues that the federal court should not be bound by state court findings of fact when reviewing the voluntariness of confessions, especially given coercive police tactics.
• Freedman v. Looney
  210 F.2d 56· 10th Cir.· 1954-01-26 ·cited 16×·via Habeas Corpus Proceedings
  The court held that the Parole Board did not abuse its discretion in revoking the petitioner's conditional release based on his conviction for a misdemeanor.
• Bruzaud v. Matthews
  207 F.2d 25· D.C. Cir.· 1953-07-16 ·cited 16×·via Habeas Corpus Review
  The court held that a discrepancy in dates between an affidavit and an indictment does not invalidate the indictment for extradition purposes, and conflicting evidence regarding the fugitive status is insufficient to warrant discharge on habeas corpus.
• United States ex rel. McKENZIE v. Savoretti
  200 F.2d 546· 5th Cir.· 1952-12-10 ·cited 16×
  The court held that the hearing officer's failure to advise the appellant of his right to apply for voluntary departure was not an abuse of discretion, and the appellant's prior convictions for forgery, larceny, and uttering involved moral turpitude, thus barring voluntary depart
• Baker v. Ellis
  194 F.2d 865· 5th Cir.· 1952-03-18 ·cited 16×
  The court held that the petitioner must have an opportunity to develop a record to determine his rights.
• Fouquette v. Bernard
  198 F.2d 96· 9th Cir.· 1952-02-29 ·cited 16×
  The court held that the record presented a substantial question warranting a certificate of probable cause and a stay of execution, indicating a potential due process violation.
• Hallowell v. Hunter
  186 F.2d 873· 10th Cir.· 1951-01-26 ·cited 16×
  An application for a writ of habeas corpus on grounds of lack of counsel or mental incompetency to waive counsel will not be entertained if the sentencing court denied relief under § 2255 and the applicant fails to allege facts showing the § 2255 remedy is inadequate.
• Application of Murra
  166 F.2d 605· 7th Cir.· 1948-02-11 ·cited 16×·via Habeas Corpus Proceedings
  The court held that Rule 52 of the Federal Rules of Civil Procedure, requiring findings of fact and conclusions of law, is applicable to naturalization proceedings heard in open court.
• Price v. Johnston
  144 F.2d 260· 9th Cir.· 1944-08-03 ·cited 16×
  The court held that the appellant was not denied the effective assistance of counsel at trial, as he was represented by counsel of his choice throughout the proceedings.
• United States ex rel. Potts v. Rabb
  141 F.2d 45· 3d Cir.· 1944-02-14 ·cited 16×
  The appeal is moot because the appellant was arrested and then admitted to bail, rendering the issue of custody for habeas corpus purposes academic. Furthermore, habeas corpus is not the proper vehicle to challenge the sufficiency of evidence presented to a grand jury.
• Rogoway v. Warden, United States Penitentiary, McNeil Island, Wash
  122 F.2d 967· 9th Cir.· 1941-10-20 ·cited 16×
  The court held that the parole board had jurisdiction to revoke parole because the sentence had not expired, and the time spent on parole did not count towards the sentence if parole was violated.
• Ex Parte: Jan I. Fortune
  126 Fla. 539· Fla.· 1936-12-16 ·cited 16×
  This case concerns a writ of habeas corpus filed by Mrs. Jan I. Fortune, who was arrested on a criminal warrant for reckless driving. The court discharged her from custody, finding a lack of probable cause for the charge based on the evidence presented.
• Crooms v. Schad
  51 Fla. 168· Fla.· 1906-01-01 ·cited 16×
  This case reviews a lower court's denial of a habeas corpus petition. The court affirmed the denial, holding that a city ordinance requiring racial segregation on streetcars was valid, including an exception for nurses caring for children or invalids of another race.
• Truehill v. State of Fla. & Quentin Marcus Truehill v. Ricky D. Dixon
  358 So. 3d 1167· Fla.· 2022-09-29 ·cited 15×
  Quentin Marcus Truehill was convicted of first-degree murder and kidnapping in connection with the brutal killing of Vincent Binder during a crime spree and sentenced to death. The Florida Supreme Court affirmed the trial court's denial of Truehill's postconviction motion raising
• Bevel v. State
  221 So. 3d 1168· Fla.· 2017-06-15 ·cited 15×
  Thomas Bevel, a death-sentenced inmate, appealed the denial of his motion for postconviction relief raising claims of ineffective assistance of penalty phase counsel. The Florida Supreme Court vacated his death sentences and remanded for a new penalty phase, finding that his pena
• Merck v. State
  124 So. 3d 785· Fla.· 2013-01-24 ·cited 15×
  Troy Merck, Jr. appeals the denial of his Rule 3.851 postconviction motion challenging his death sentence for a 1991 murder. The Florida Supreme Court affirmed the denial of Merck's ineffective assistance of counsel claims and habeas petition, finding no deficiency in counsel's p
• Buzia v. State
  82 So. 3d 784· Fla.· 2011-12-08 ·cited 15×
  John M. Buzia, a death-row prisoner, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the postconviction court's denials, finding no in
• Hardenbrook v. State
  953 So. 2d 717· Fla. 1st DCA· 2007-04-09 ·cited 15×
  The court held that a defendant is not entitled to jail credit on multiple sentences for the same jail time unless the sentences are concurrent.
• Davis v. State
  928 So. 2d 442· Fla. 5th DCA· 2006-04-28 ·cited 15×
  Alan Wayne Davis petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel following his conviction for illegal dumping of litter and maintenance of public nuisances. The Florida Fifth District Court of Appeal denied the petition, finding that Da
• D.B. v. State
  848 So. 2d 1219· Fla. 3d DCA· 2003-07-07 ·cited 15×
• Donovan v. State
  773 So. 2d 1264· Fla. 5th DCA· 2000-12-22 ·cited 15×
  Michael Donovan petitioned for a writ of habeas corpus seeking a belated appeal of a trial court's denial of his Rule 3.850 motion to vacate his 1995 nolo contendere plea for sexual battery. The court granted the belated appeal but affirmed the trial court's denial on the merits,
• Hill v. Dugger
  556 So. 2d 1385· Fla.· 1990-01-26 ·cited 15×
  Clarence Hill appeals denial of post-conviction relief and petitions for habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of the motion for post-conviction relief and denies habeas corpus relief, vacating a temporary stay of execu
• Ford v. State
  522 So. 2d 345· Fla.· 1988-02-18 ·cited 15×
  The application of the California Arbitration Act's provision allowing a court to stay arbitration pending resolution of related litigation is not pre-empted by the Federal Arbitration Act when parties have agreed that their arbitration agreement will be governed by California la
• Phillips v. Dugger
  515 So. 2d 227· Fla.· 1987-11-19 ·cited 15×
  Harry Phillips, a death row inmate, filed a habeas corpus petition challenging his death sentence on Eighth Amendment grounds, arguing that prosecutor and judge comments suggesting the jury's sentencing role was advisory diminished the jury's sense of responsibility. The Florida
• Ward v. Haydee Kort
  762 F.2d 856· 10th Cir.· 1985-05-20 ·cited 15×·via Federal Habeas Corpus
  The State of Colorado satisfies the requirements for providing meaningful access to the courts for mental patients committed after being found not guilty by reason of insanity, by providing contract attorneys to counsel them on their 42 U.S.C. § 1983 claims.
• Martin v. State OF Ala. & Cir. Court of Russell Cnty.
  730 F.2d 721· 11th Cir.· 1984-04-23 ·cited 15×·via Habeas Corpus Review
  The court held that the evidence presented was insufficient to prove a sale of marijuana by the petitioner, as mere presence and an informant placing money in the pocket does not constitute a sale.