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

• Miller v. State
  926 So. 2d 1243· Fla.· 2006-03-23 ·cited 96×
  David Miller, Jr., a death row inmate convicted of first-degree murder, appealed the denial of his postconviction relief motion under Rule 3.851 and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of all relief, rejecting ineffective assistance of coun
• Mordenti v. State
  894 So. 2d 161· Fla.· 2004-12-16 ·cited 96×
  The Florida Supreme Court reversed the denial of Mordenti's postconviction relief motion and remanded for a new trial, finding that the State committed Brady violations by withholding critical impeachment evidence regarding the credibility of its key witness, Gail Mordenti Millig
• Porter v. Crosby
  840 So. 2d 981· Fla.· 2003-01-09 ·cited 96×
  George Porter, Jr. petitioned for a writ of habeas corpus challenging his death sentence for two first-degree murders committed in 1985, raising claims of ineffective assistance of appellate counsel, constitutional defects in sentencing, and other issues. The Florida Supreme Cour
• Birt v. Montgomery
  725 F.2d 587· 11th Cir.· 1984-02-13 ·cited 96×·via Federal Habeas Corpus
• Jenkins v. Louie L. Wainwright
  322 So. 2d 477· Fla.· 1975-07-02 ·cited 96×
  Catherine Jenkins sought habeas corpus relief from consecutive sentences imposed for possession of cannabis and a hallucinogenic drug. The Florida Supreme Court held that multiple sentences may be imposed for separate drug offenses arising from the same incident, rejecting the 's
• Smith v. State
  400 So. 2d 956· Fla.· 1981-06-25 ·cited 95×
  Dennis Wayne Smith appeals the denial of post-conviction relief after his death sentence for first-degree murder. The Florida Supreme Court affirms the trial court's denial on most grounds but remands for consideration of a Brady violation claim regarding allegedly undisclosed ev
• Ward v. Dugger
  508 So. 2d 778· Fla. 1st DCA· 1987-06-23 ·cited 94×
  Sharon Ward petitioned for a writ of habeas corpus seeking leave to file a belated motion for post-conviction relief based on alleged ineffective assistance of counsel, claiming her trial attorney blocked her access to case records needed for the motion. The court dismissed the p
• Alachua Reg'l Juv. Detention Ctr. v. T.O.
  684 So. 2d 814· Fla.· 1996-12-19 ·cited 93×
  The Florida Supreme Court held that a district court of appeal may entertain a habeas corpus petition challenging a detention order even when it lacks appellate jurisdiction over the trial court that issued the order, provided the detaining facility is within the district court's
• United States ex rel. Nathaniel Spurlark v. Wolff
  699 F.2d 354· 7th Cir.· 1983-01-28 ·cited 93×·via Federal Habeas Corpus
  The court's holding is not explicitly stated in this concurring and dissenting opinion, but it addresses the application of waiver rules to habeas corpus claims.
• Mansfield v. State
  911 So. 2d 1160· Fla.· 2005-07-07 ·cited 92×
  Scott Mansfield was convicted of first-degree murder and sentenced to death for the brutal killing of Sara Robles in Florida. The Florida Supreme Court affirmed the denial of his Rule 3.851 motion for postconviction relief and his petition for a writ of habeas corpus, finding no
• Amos Lee King v. State
  808 So. 2d 1237· Fla.· 2002-01-16 ·cited 92×
  Amos Lee King, a death row inmate, filed a successive postconviction motion and habeas petition challenging his 1977 conviction and death sentence for the murder of Natalie Brady. The Florida Supreme Court affirmed the trial court's denial of all relief, holding that King failed
• Morris v. State
  931 So. 2d 821· Fla.· 2006-04-20 ·cited 91×
  Robert Dwayne Morris, convicted of first-degree murder and sentenced to death in 1994, appealed the trial court's denial of postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief and denied the habe
• Thompson v. State
  619 So. 2d 261· Fla.· 1993-04-01 ·cited 91×·via Federal Habeas Corpus
  William Lee Thompson appealed his death sentence imposed after remand for resentencing in a 1976 kidnapping-murder case. The Florida Supreme Court affirmed the death penalty, finding harmless error regarding the admission of autopsy photographs and the use of the 'cold, calculate
• SP/4 A. R. Montgomery, IV v. Rumsfeld
  572 F.2d 250· 9th Cir.· 1978-03-23 ·cited 91×
  The court held that the district court erred in dismissing the action for lack of jurisdiction based on failure to exhaust administrative remedies, and that denial of class certification and leave to add plaintiffs was within the trial court's discretion.
• United States ex rel. John McGRATH v. LaVALLEE
  319 F.2d 308· 2d Cir.· 1963-06-12 ·cited 91×·via Federal Habeas Corpus
  The court held that a judge's conversation with a defendant about a guilty plea, even if potentially coercive, does not automatically constitute a denial of due process; the specific content and effect must be considered. The 'unless clearly erroneous' rule applies to factual inf
• Wydell Evans v. Sec'y, Dep't OF Corr., Attorney Gen. of Fla.
  703 F.3d 1316· 11th Cir.· 2013-01-04 ·cited 90×·via Federal Habeas Corpus
  The dissenting judge concluded that the Florida Supreme Court's decision denying federal habeas relief was based on an unreasonable determination of the facts and an unreasonable application of federal law. Therefore, the defendant is entitled to federal habeas relief.
• Lynch v. State
  2 So. 3d 47· Fla.· 2008-11-06 ·cited 90×
  Richard Lynch was convicted of two counts of first-degree murder, armed burglary, and armed kidnapping in the March 1999 deaths of Roseanna Morgan and her 13-year-old daughter Leah Caday. The Florida Supreme Court affirmed the circuit court's denial of Lynch's postconviction moti
• Baldwin v. Blackburn
  653 F.2d 942· 5th Cir.· 1981-08-14 ·cited 90×·via Habeas Corpus Review
  The court held that the district court did not err in denying an evidentiary hearing and in finding that the appellant's trial counsel was effective, and that the jury instructions, while irregular, did not render the trial fundamentally unfair.
• Foxworth v. Louie L. Wainwright
  516 F.2d 1072· 5th Cir.· 1975-08-01 ·cited 90×
  Joint representation of multiple defendants in a capital case, where a plausible defense for one defendant would have prejudiced the others, constitutes a denial of the right to effective assistance of counsel.
• McCREARY v. Sigler
  406 F.2d 1264· 8th Cir.· 1969-02-18 ·cited 90×
  Consent to search given after an officer claims to have a warrant is invalid if it is merely acquiescence to a claim of lawful authority.
• William "Billy" Mitchell v. Kemp
  762 F.2d 886· 11th Cir.· 1985-05-23 ·cited 89×·via Habeas Corpus Relief
  The court held that the defendant's counsel was not ineffective and that the district court properly denied habeas corpus relief.
• Geza de Kaplany v. Enomoto
  540 F.2d 975· 9th Cir.· 1976-07-09 ·cited 89×·via Habeas Corpus Proceedings
  The dissent argues that the majority misapplied the Pate v. Robinson rule by not giving sufficient weight to evidence raising doubt about the defendant's competency to stand trial and plead guilty.
• Johnston v. State
  63 So. 3d 730· Fla.· 2011-03-24 ·cited 88×
  Ray Lamar Johnston appeals the denial of his Rule 3.851 postconviction motion and habeas petition challenging his 1997 death sentence for the murder, kidnapping, robbery, sexual battery, and burglary of Leanne Coryell. The Florida Supreme Court affirmed the trial court's denial o
• Floyd v. State
  808 So. 2d 175· Fla.· 2002-01-17 ·cited 88×
  James Floyd, a death row inmate, appealed the trial court's summary denial of his Rule 3.850 postconviction motion and filed a habeas petition. The Florida Supreme Court reversed in part and remanded for an evidentiary hearing on Floyd's claims of ineffective assistance of counse
• Glock v. Moore
  776 So. 2d 243· Fla.· 2001-01-05 ·cited 88×
  Robert Glock, a death row inmate scheduled for execution, appealed the denial of his successive motion for postconviction relief and filed a habeas corpus petition challenging his 1983 murder conviction and death sentence. The Florida Supreme Court affirmed the trial court's deni
• Boykins v. Louie L. Wainwright
  737 F.2d 1539· 11th Cir.· 1984-08-03 ·cited 87×·via Habeas Corpus Review
  The court held that while the state trial court erred in excluding Dr. Rodriguez's testimony regarding the defendant's prior mental health issues, this error was not of constitutional magnitude and did not violate fundamental fairness.
• Damion Hayes v. Sec'y, Fla. Dep't of Corr.
  10 F.4th 1203· 11th Cir.· 2021-08-25 ·cited 86×·via Habeas Corpus Relief
  Damion Hayes, convicted of attempted first-degree murder and armed trespassing, sought habeas corpus relief contending that his trial counsel rendered ineffective assistance by withdrawing an insanity defense on the first day of trial without adequately explaining the difference
• Moore v. State
  820 So. 2d 199· Fla.· 2002-03-07 ·cited 86×
  Thomas James Moore, a death-sentenced inmate, appealed the denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied the hab
• Murrell Toby Hockenbury, III v. Sowders
  620 F.2d 111· 6th Cir.· 1980-04-17 ·cited 86×
  The Sixth Circuit held that the District Court erred in granting habeas corpus relief by independently assessing 'plain error' instead of deferring to the state court's application of its contemporaneous objection rule, absent a showing of cause and prejudice.
• United States ex rel. Robert Lee Goldsby v. Harpole
  263 F.2d 71· 5th Cir.· 1959-01-16 ·cited 86×
  The court held that the appellant proved a strong prima facie case of systematic exclusion of Negroes from the grand and petit juries, and this case was not refuted by the state. Furthermore, the court found that any waiver of this objection by counsel was ineffective due to the
• Marek v. State
  14 So. 3d 985· Fla.· 2009-07-16 ·cited 85×
  John Richard Marek, a death row inmate, appealed the denial of his third and fourth successive motions for postconviction relief under Florida Rule of Criminal Procedure 3.851. The Florida Supreme Court affirmed the trial court's denials, rejecting Marek's claims based on newly d
• Johnson v. State
  769 So. 2d 990· Fla.· 2000-07-13 ·cited 85×
  Paul Beasley Johnson, a death row inmate, appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, raising eight claims including Brady/Giglio violations, ineffective assistance of counsel, and public records access issues. The Flori
• Turner v. Dugger
  614 So. 2d 1075· Fla.· 1992-12-24 ·cited 84×
  William Thaddeus Turner was convicted of two first-degree murders and sentenced to death for one. On collateral review, Turner raised sixteen claims in a Rule 3.850 motion and three issues in a habeas corpus petition, all seeking to vacate his conviction and death sentence. The F
• Stevens v. State
  552 So. 2d 1082· Fla.· 1989-10-05 ·cited 84×
  Rufus Stevens appeals the denial of his Rule 3.850 motion for postconviction relief and motion for cost reimbursement in his capital case, and petitions for a writ of habeas corpus challenging appellate counsel's effectiveness. The Florida Supreme Court affirmed the conviction bu
• State v. Gleason
  12 Fla. 190· Fla.· 1868-01-01 ·cited 84×
  The Florida Supreme Court holds that it possesses original jurisdiction to issue a writ of quo warranto and that an information in the nature of a quo warranto constitutes an appropriate proceeding under that grant of power, without requiring prior legislative prescription of the
• Gore v. State
  846 So. 2d 461· Fla.· 2003-04-17 ·cited 83×
  Marshall Lee Gore, a death row inmate, appeals the denial of his motion for postconviction relief and petitions for habeas corpus relief. The Florida Supreme Court affirmed the lower court's denial, finding that Gore failed to establish ineffective assistance of counsel and that
• Ventura v. State
  794 So. 2d 553· Fla.· 2001-05-24 ·cited 83×
  Peter Ventura, a death-row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition challenging his 1988 conviction for first-degree murder. The Florida Supreme Court affirmed the denial, finding that although a Brady/Giglio violation
• Jackson v. Fla. Dep't OF Corr.
  790 So. 2d 398· Fla.· 2001-03-15 ·cited 83×
  The Florida Supreme Court imposed sanctions on Douglas Jackson, an inmate serving a life sentence, for abuse of the judicial system through excessive frivolous filings. The Court ordered that Jackson may no longer file pro se petitions in the Supreme Court without representation
• Duncan v. Moore
  754 So. 2d 708· Fla.· 2000-03-23 ·cited 83×
  Joshua Duncan challenged the constitutionality of Florida's Conditional Release supervision program, which imposes post-prison supervision equal to earned gain time and allows forfeiture of gain time upon violation. The Florida Supreme Court upheld the program, rejecting claims o
• Maynard v. Meachum
  545 F.2d 273· 1st Cir.· 1976-11-19 ·cited 83×·via Habeas Corpus Relief
  The court held that the standard for waiving the right to counsel is the same as for waiving the entire right, and a hybrid representation arrangement does not negate the need for a knowing and intelligent waiver.
• Whatley v. Warden
  927 F. 3d 1150· 11th Cir.· 2020-04-10 ·cited 82×·via Federal Habeas Corpus
  The court denied a petition for rehearing en banc.
• Ferrell v. State
  29 So. 3d 959· Fla.· 2010-01-14 ·cited 82×
  Ronnie Ferrell appealed the trial court's denial of his Rule 3.850 postconviction motion regarding guilt-phase ineffective assistance of counsel claims while the State cross-appealed the granting of a new penalty phase. The Florida Supreme Court affirmed the denial of guilt-phase
• Hannon v. State
  941 So. 2d 1109· Fla.· 2006-08-31 ·cited 82×
  Patrick Hannon was convicted of two first-degree murders and sentenced to death. He appealed the circuit court's denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the denial of postconviction relief, rejecting inef
• Leichtman v. Singletary
  674 So. 2d 889· Fla. 4th DCA· 1996-05-29 ·cited 82×
  Richard Leichtman appealed the denial of his habeas corpus petition, which challenged the voluntariness of his guilty plea and the legality of his 1972 sentence for sexual battery. The Fourth District Court of Appeal reversed and dismissed the petition, holding that the county wh
• Card v. State
  497 So. 2d 1169· Fla.· 1986-10-09 ·cited 82×
  James Armando Card, Sr., a death-row inmate, challenged his conviction and sentence on multiple grounds, including a claim that the trial judge lacked authority to preside in a different judicial circuit without proper assignment from the Chief Justice. The Florida Supreme Court
• Spencer v. Zant
  715 F.2d 1562· 11th Cir.· 1983-09-30 ·cited 82×·via Federal Habeas Corpus
• Paprskar v. Estelle
  612 F.2d 1003· 5th Cir.· 1980-03-03 ·cited 82×·via Federal Habeas Corpus
  The district court erred in dismissing petitioner's second federal habeas corpus petition as a successive petition constituting an 'abuse of the writ'.
• United States ex rel. Peter S. Brooks v. Clark Clifford
  409 F.2d 700· 4th Cir.· 1969-03-20 ·cited 82×
  The court held that the petitioner's beliefs, stemming from religious training and belief, qualified him as a conscientious objector, and the Army's denial of his discharge lacked a basis in fact.
• Robinson v. United States
  144 F.2d 392· 6th Cir.· 1944-07-31 ·cited 82×
  The court held that the trial court did not err in denying the appellant's motion for a directed verdict, and that the conviction and sentence were valid.
• Windom v. State
  886 So. 2d 915· Fla.· 2004-05-06 ·cited 81×
  Curtis Windom challenges his conviction for three counts of first-degree murder and death sentence by appealing the denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and filing a petition for writ of habeas corpus. The Florida Supreme Court affirms t