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

• Wiggins v. Estelle
  681 F.2d 266· 5th Cir.· 1982-07-26 ·cited 15×
  A defendant's Sixth Amendment right to self-representation can be violated by the unsolicited and overzealous participation of court-appointed standby counsel, even if the right to self-representation was initially granted.
• In re Louie L. Wainwright
  678 F.2d 951· 11th Cir.· 1982-06-14 ·cited 15×·via Habeas Corpus Proceedings
  The court held that a writ of prohibition is not warranted to prevent a district court from conducting an evidentiary hearing in a habeas corpus proceeding.
• Greenfield v. Gunn
  556 F.2d 935· 9th Cir.· 1977-06-09 ·cited 15×·via Federal Habeas Corpus
  The court held that the petitioner was not denied due process regarding competency proceedings or effective assistance of counsel, and pretrial identification was permissible.
• Sandstrom v. State
  336 So. 2d 572· Fla.· 1976-06-30 ·cited 15×
  The district courts erred in affirming the contempt convictions because the underlying orders requiring attorneys to wear neckties were void. While trial courts have the inherent power to regulate courtroom attire to maintain dignity, this power is not unlimited and requires a fa
• Turner v. Estelle
  515 F.2d 853· 5th Cir.· 1975-07-09 ·cited 15×·via Habeas Corpus Review
  The court held that the petitioner's conviction for robbery by assault was not overturned on the grounds that the state failed to afford him a speedy trial.
• Pinkus v. Pitchess
  429 F.2d 416· 9th Cir.· 1970-06-29 ·cited 15×·via Federal Habeas Corpus
• United States ex rel. Peters v. Ragen
  178 F.2d 377· 7th Cir.· 1949-12-02 ·cited 15×
  The court held that federal courts must require exhaustion of newly available state remedies before entertaining habeas corpus petitions, even if the new remedy was enacted after the lower court's decision.
• United States ex rel. Ling YEE Suey v. Spar
  149 F.2d 881· 2d Cir.· 1945-06-08 ·cited 15×
  The court held that aliens deportable under immigration laws can be deported to a country other than their native land or last port of embarkation if such deportation is deemed impracticable or inconvenient due to war, and that such deportations do not violate the Fifth Amendment
• D'Alessandro v. Tippins
  102 Fla. 10· Fla.· 1931-06-09 ·cited 15×
  Angelo D'Alessandro sought habeas corpus relief after his conviction for unlawful possession of intoxicating liquors. The Florida Supreme Court affirmed the lower court's denial of his third habeas corpus petition, holding that a final judgment in habeas corpus is conclusive and
• Harvey v. The Cir. Court of the Eleventh Jud. Cir.
  191 So. 3d 471· Fla. 3d DCA· 2024-01-10 ·cited 14×
  A court may issue an order to show cause prohibiting a litigant from filing further pro se pleadings when the litigant has repeatedly filed procedurally barred or meritless claims that waste judicial resources and constitute an abuse of the judicial process.
• Smith v. State
  213 So. 3d 722· Fla.· 2017-03-16 ·cited 14×
  Corey Smith, convicted of multiple murders in connection with a Miami drug enterprise, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of most postconviction claims but vacated Smith's death se
• Bogle v. State
  213 So. 3d 833· Fla.· 2017-02-09 ·cited 14×
  Brett Bogle was convicted of first-degree murder and sentenced to death for the 1991 killing of Margaret Torres. On post-conviction review, Bogle raised multiple claims including Brady and Giglio violations, ineffective assistance of counsel at guilt and penalty phases, newly dis
• Robert E. Banks v. Jones
  197 So. 3d 1152· Fla. 1st DCA· 2016-07-12 ·cited 14×·via Habeas Corpus Review
  A state prisoner challenges his assignment to Close Management (solitary confinement) after spitting in a psychiatrist's face. The court recedes from prior precedent holding that such challenges must be brought as habeas corpus petitions, ruling instead that Close Management assi
• Brooks v. State
  175 So. 3d 204· Fla.· 2015-05-07 ·cited 14×
  Lamar Brooks appeals denial of his Rule 3.851 motion to vacate death sentences for two murders and petitions for habeas corpus. The Florida Supreme Court affirms the postconviction court's rejection of all ineffective assistance of counsel claims, Brady/Giglio violations, and new
• Chadwick D. Banks v. State
  150 So. 3d 797· Fla.· 2014-11-03 ·cited 14×·via Federal Habeas Corpus
  Chadwick D. Banks, under a signed death warrant, appealed the circuit court's denial of his second successive motion for postconviction relief and denial of public records requests. The Florida Supreme Court affirmed, rejecting Banks' claims of ineffective postconviction counsel,
• England v. State
  151 So. 3d 1132· Fla.· 2014-07-03 ·cited 14×
  Richard England, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habeas petition, finding no ine
• Frances v. State
  143 So. 3d 340· Fla.· 2014-04-17 ·cited 14×
  David Sylvester Frances appealed the trial court's denial of his Rule 3.851 postconviction motion and petition for habeas corpus in a death penalty case involving the murders of two women. The Florida Supreme Court affirmed the denial of all ineffective assistance of counsel clai
• Ulysses Brown v. McNEIL
  22 So. 3d 741· Fla. 1st DCA· 2009-11-17 ·cited 14×
  Ulysses Brown appealed the denial of his habeas corpus petition, his sixteenth action in this court. The court affirmed the denial and imposed sanctions by ordering the clerk to reject future pro se filings from Brown related to his convictions unless signed by a Florida Bar atto
• Logan v. State
  964 So. 2d 209· Fla. 5th DCA· 2007-08-24 ·cited 14×
  David Logan appealed the denial of his habeas corpus petition challenging the Florida Parole Commission's determination that he qualified for conditional release supervision. The court affirmed the denial, holding that Logan failed to allege he did not meet the statutory criteria
• Hernandez v. Roth
  890 So. 2d 1173· Fla. 3d DCA· 2004-12-29 ·cited 14×
  Ignacio Hernandez petitioned for a writ of habeas corpus challenging a condition of his pretrial release requiring urinalysis three times weekly. The Third District Court of Appeal held that the trial court did not abuse its discretion in imposing this condition and denied the wr
• Allen v. State
  873 So. 2d 576· Fla. 2d DCA· 2004-05-26 ·cited 14×
  The Florida District Court of Appeal granted a petition for writ of mandamus, ordering a lower court to hold a probable cause hearing for a sexually violent predator committed under the Jimmy Ryce Act. The court denied a petition for habeas corpus, finding that the failure to hol
• Heard v. Fla. Parole Comm'n
  811 So. 2d 808· Fla. 1st DCA· 2002-03-20 ·cited 14×
  William K. Heard challenged a circuit court order upholding revocation of his parole. The appellate court found the circuit court departed from essential requirements of law by treating his habeas corpus petition as a mandamus petition (requiring a filing fee) and by exercising j
• Westberry v. Moore
  772 So. 2d 1208· Fla.· 2000-11-09 ·cited 14×
  Richard Westberry petitioned for habeas corpus relief, challenging the forfeiture of his gain time credits upon revocation of his Control Release status. The Florida Supreme Court denied the petition, holding that inmates who accepted early release under the Control Release progr
• M.P. v. Dept. OF Child. & Families
  717 So. 2d 114· Fla. 1st DCA· 1998-09-04 ·cited 14×
• Hall v. State
  690 So. 2d 754· Fla. 5th DCA· 1997-04-04 ·cited 14×·via Habeas Corpus Relief
  The court held that the defendant's challenges to his 1990 sentences were legally insufficient and constituted an abuse of process.
• Calamia v. Singletary
  686 So. 2d 1337· Fla.· 1996-12-19 ·cited 14×
  Florida Supreme Court rejected habeas corpus and mandamus petitions from two inmates convicted of murder who challenged the retroactive cancellation of provisional credits awarded for prison overcrowding as an ex post facto violation. The Court held that provisional credits are a
• Martinez v. State
  655 So. 2d 166· Fla. 3d DCA· 1995-05-10 ·cited 14×
  Martinez appealed his convictions for armed cocaine trafficking and related firearm offenses, raising claims of ineffective assistance of trial counsel and appellate counsel. The court affirmed most of the trial court's denial of Martinez's post-conviction motion but reversed and
• T.L.W. v. The Honorable A.C. Soud, Jr.
  645 So. 2d 1101· Fla. 1st DCA· 1994-12-01 ·cited 14×
  Two juveniles detained in secure custody on firearm charges challenged their detention via habeas corpus, arguing it was not authorized by statute. The Florida Court of Appeal affirmed their detention, holding that both the general detention statute and a specific firearm statute
• Roberts v. Singletary
  626 So. 2d 168· Fla.· 1993-09-16 ·cited 14×
  Ricky Bernard Roberts, a death row inmate, petitioned for habeas corpus relief claiming that recent U.S. Supreme Court decisions regarding jury instructions on aggravating circumstances constituted a change in law requiring resentencing. The Florida Supreme Court denied the petit
• Elderbroom v. Knowles
  621 So. 2d 518· Fla. 4th DCA· 1993-07-07 ·cited 14×
  The court held that the trial court erred in denying pretrial release on bail when substantial defense evidence raised material questions of fact regarding guilt.
• Mullings v. Barton
  620 So. 2d 258· Fla. 1st DCA· 1993-06-28 ·cited 14×
  The court dismissed the appeal regarding the disorderly conduct charge as moot after the appellee's letter provided the requested relief, and reversed and remanded the destruction of state property petition for the trial court to consider on the merits.
• Hernando Williams v. Chrans
  945 F.2d 926· 7th Cir.· 1991-10-01 ·cited 14×·via Habeas Corpus Relief
  The court affirmed the district court's denial of the habeas petition, finding no constitutional infirmities in the guilty plea or the Illinois death penalty statute as applied.
• Bates v. McCAUGHTRY
  934 F.2d 99· 7th Cir.· 1991-05-30 ·cited 14×·via Habeas Corpus Review
  The court held that a federal court cannot grant habeas corpus relief based on a state court's interpretation of state law, even if the interpretation is claimed to be erroneous.
• Tukes v. Dugger
  911 F.2d 508· 11th Cir.· 1990-09-07 ·cited 14×·via Federal Habeas Corpus
  The court concurs in the result but disagrees with the reasoning that Stone v. Powell does not apply when state appellate courts do not issue opinions.
• Johnson v. Dugger
  911 F.2d 440· 11th Cir.· 1990-08-21 ·cited 14×·via Federal Habeas Corpus
  The majority's decision departs from Supreme Court precedent by requiring a petitioner to show only a colorable showing of prejudice, rather than 'actual innocence,' to obtain federal habeas review after procedural default.
• Clisby v. Jones
  907 F.2d 1047· 11th Cir.· 1990-07-25 ·cited 14×·via Habeas Corpus Relief
  The state fulfills its constitutional obligation under Ake v. Oklahoma by providing a competent, licensed psychiatrist, and is not liable for potential malpractice by that psychiatrist.
• Russell v. Lynaugh
  892 F.2d 1205· 5th Cir.· 1989-12-08 ·cited 14×·via Habeas Corpus Review
  The court affirmed the denial of habeas corpus relief, agreeing that the issue was procedurally barred and that the venireman's exclusion was proper on the merits.
• Bowens v. The Honorable Robert W. Tyson, Jr.
  543 So. 2d 851· Fla. 4th DCA· 1989-05-17 ·cited 14×
  A defendant arrested on serious felony charges filed a motion for pretrial release after being held in custody for 42 days without formal charging. The court interpreted Florida Rule of Criminal Procedure 3.133(b)(6), which provides for automatic release if a defendant remains un
• Nadworny v. Fair
  872 F.2d 1093· 1st Cir.· 1989-04-20 ·cited 14×·via Federal Habeas Corpus
  A state prisoner's federal habeas claim is exhausted if the substance of the claim was presented to the state courts in a manner likely to alert them to its federal nature, even if only state precedent was cited.
• Lange v. Young
  869 F.2d 1008· 7th Cir.· 1989-02-15 ·cited 14×·via Habeas Corpus Review
  The court held that Wisconsin's limitation on the attorney-client privilege, allowing a psychiatrist retained by the defense to testify for the prosecution, does not violate the Sixth Amendment right to counsel, and that any evidentiary errors were harmless.
• Innes v. Dalsheim
  864 F.2d 974· 2d Cir.· 1988-12-29 ·cited 14×
  The court held that the defendant's waiver of his right to a jury trial was not knowing and intelligent due to the ambiguity in the trial court's explanation of the consequences of breaching the plea agreement.
• Thames v. Dugger
  848 F.2d 149· 11th Cir.· 1988-06-27 ·cited 14×
  The court held that a motion for a certificate of probable cause can constitute a timely notice of appeal and that the district court erred in denying a habeas corpus petition without an adequate record or evidentiary hearing on the ineffective assistance of counsel claim.
• Wall v. State
  525 So. 2d 486· Fla. 1st DCA· 1988-05-20 ·cited 14×
  Court affirmed denial of habeas corpus petition where appellant, incarcerated in New Mexico, failed to show his sentence was enhanced by the Florida conviction he sought to challenge, thus lacking the custody requirement under Rule 3.850.
• Rowe v. State
  523 So. 2d 620· Fla. 2d DCA· 1988-02-26 ·cited 14×
  The court held that a defendant's motion to correct sentence based on alleged guideline scoresheet errors was properly denied, as the sentence was the result of a plea bargain and lawful at the time it was imposed.
• Martin v. Demma
  831 F.2d 69· 5th Cir.· 1987-10-28 ·cited 14×·via Habeas Corpus Relief
  The court held that the date of receipt of the complaint by the clerk, not the formal filing date, governs the commencement of an action for statute of limitations purposes.
• Coleman v. State OF Ala.
  827 F.2d 1469· 11th Cir.· 1987-09-21 ·cited 14×·via Federal Habeas Corpus
  The court held that the failure to inform a defendant of the potential benefits of the Alabama Youthful Offender Act before accepting a guilty plea violates federal due process, requiring the plea to be set aside.
• King v. Lynaugh
  828 F.2d 257· 5th Cir.· 1987-09-14 ·cited 14×·via Habeas Corpus Relief
• Dewayne Hulsey v. Sargent
  821 F.2d 469· 8th Cir.· 1987-06-12 ·cited 14×·via Habeas Corpus Review
  The court held that the sentencing phase must be remanded for reconsideration in light of Wainwright v. Witt, but affirmed the district court's denial of relief on other claims.
• Elliott Rod Johnson v. O.L. McCOTTER
  804 F.2d 300· 5th Cir.· 1986-11-12 ·cited 14×·via Federal Habeas Corpus
  The court affirmed the denial of federal habeas corpus relief, holding that the trial court's instructions did not violate Enmund v. Florida and that the death penalty was not discriminatorily imposed.
• Burdette Woods v. Clusen
  794 F.2d 293· 7th Cir.· 1986-06-25 ·cited 14×·via Habeas Corpus Relief
  The court held that the police tactics employed during the interrogation of a juvenile suspect violated his Fifth and Fourteenth Amendment rights, rendering his confession involuntary.