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

• Ginsberg v. Ryan
  60 So. 3d 475· Fla. 3d DCA· 2011-04-14 ·cited 13×
  Barry Ginsberg petitioned for a writ of habeas corpus challenging his pretrial detention without bond after violating conditions of his monitored release. The Florida Third District Court of Appeal granted the petition, holding that while a defendant forfeits his original bond up
• Hendrix v. Sec'y, Fla. Dep't OF Corr., Fla. Attorney Gen.
  527 F.3d 1149· 11th Cir.· 2008-05-13 ·cited 13×·via Habeas Corpus Review
  Robert Hendrix was convicted of two counts of first-degree murder and sentenced to death after murdering his cousin Elmer Scott and Scott's wife to prevent Scott from testifying against him in a burglary case. The Eleventh Circuit affirmed the denial of his federal habeas petitio
• B.M. v. Dobuler
  979 So. 2d 308· Fla. 3d DCA· 2008-03-19 ·cited 13×
  A 14-year-old juvenile petitioned for habeas corpus after being placed in secure detention pending disposition of a probation violation. The Third District Court of Appeal held that the trial court's summary detention order violated Florida law because it lacked the required risk
• Lucky v. Ryan
  973 So. 2d 668· Fla. 3d DCA· 2008-02-08 ·cited 13×
• Sullivan v. Fla. Parole Comm'n
  920 So. 2d 106· Fla. 2d DCA· 2006-01-20 ·cited 13×
  The court held that the circuit court should have transferred the petition to the proper venue rather than dismissing it.
• Shepard v. Crosby
  916 So. 2d 861· Fla. 4th DCA· 2005-10-19 ·cited 13×
  A defendant convicted of second-degree murder and other charges challenged his appellate counsel's failure to argue that the trial court's jury instruction on justifiable use of force was erroneous. The Fourth District Court of Appeal agreed that the instruction was circular and
• Graham v. Jenne
  837 So. 2d 554· Fla. 4th DCA· 2003-02-12 ·cited 13×
  Bobby Graham, a deaf mute with limited sign language skills, was found incompetent to proceed to trial on burglary charges and committed to the Department of Children and Families for restoration of competency. The Florida Fourth District Court of Appeal granted his habeas corpus
• Young v. Moore
  820 So. 2d 901· Fla.· 2002-05-30 ·cited 13×
  Chad Young petitioned for habeas corpus challenging the Department of Corrections' calculation of his gain time credits using a 1997 statute when he was sentenced under 1991 guidelines. The Florida Supreme Court denied the petition, holding that the gain time statute applicable a
• Stanley v. Moore
  744 So. 2d 1160· Fla. 1st DCA· 1999-11-01 ·cited 13×
  A prisoner appealed the dismissal of his petition for a writ of mandamus for failure to comply with indigency provisions. The court held that because the petition alleged facts potentially entitling him to immediate release, it should have been treated as a habeas corpus petition
• Parsons v. Wennet
  625 So. 2d 945· Fla. 4th DCA· 1993-10-20 ·cited 13×
  The court held that a civil contempt order cannot be used to compel a witness to admit to perjury, as this constitutes an impermissible use of the court's power and violates constitutional protections against self-incrimination.
• Jones v. State OF Ark.
  929 F.2d 375· 8th Cir.· 1991-03-27 ·cited 13×·via Federal Habeas Corpus
  Sentencing a defendant under a habitual offender statute that was not in effect at the time of the offense and by its own terms does not apply to the defendant violates the ex post facto clause of the Constitution, denying due process.
• Staley v. Ledbetter
  837 F.2d 1016· 11th Cir.· 1988-02-17 ·cited 13×·via Habeas Corpus Relief
  The court held that federal courts lack subject matter jurisdiction to review state court child custody determinations, affirming the dismissal of the plaintiff's civil rights action.
• Washington v. Lane
  840 F.2d 443· 7th Cir.· 1988-02-09 ·cited 13×·via Federal Habeas Corpus
  The court held that the petitioner forfeited federal habeas review of three of his four claims because he failed to present a federal constitutional claim in the state courts, and the remaining claim regarding a continuance for pre-trial publicity was properly denied on the merit
• Turner v. Compoy
  827 F.2d 526· 9th Cir.· 1987-09-03 ·cited 13×·via Federal Habeas Corpus
  A state prisoner is presumed to have exhausted state remedies when the state's highest court denies a hearing without citation or comment, even if the state court has expressed a preference for habeas corpus review of certain claims.
• Johnstone v. Kelly
  808 F.2d 214· 2d Cir.· 1986-12-24 ·cited 13×
  Denial of a defendant's Sixth Amendment right to self-representation is not subject to harmless error analysis and requires automatic reversal.
• Alton D. Brown v. Louie L. Wainwright
  498 So. 2d 679· Fla. 1st DCA· 1986-12-15 ·cited 13×
  Brown appealed the denial of his habeas corpus petition challenging the calculation of his gain-time credits and release date across three consecutive sentences. The court affirmed the denial, holding that the petition lacked sufficient factual allegations and that habeas corpus
• The United States v. Golden
  795 F.2d 19· 3d Cir.· 1986-07-11 ·cited 13×
  The court held that a sentence permitting a defendant to self-report at an unspecified time is illegal and requires resentencing. The court also held that the government did not breach the plea agreement by not equating the Witness Protection Program with incarceration.
• Thompson v. Louie L. Wainwright and Jim Smith
  784 F.2d 1103· 11th Cir.· 1986-03-20 ·cited 13×·via Habeas Corpus Relief
  The court held that the appellant's guilty plea was voluntary and entered upon advice of competent counsel, and thus his petition for habeas corpus relief was properly denied.
• Jones v. Smith
  772 F.2d 668· 11th Cir.· 1985-09-11 ·cited 13×·via Habeas Corpus Relief
  The court affirmed the denial of habeas corpus relief, finding no constitutional error in the pretrial lineup, the jury instructions, or the assistance of counsel.
• Rocco Messina and Charles J. Arico v. United States
  728 F.2d 77· 2d Cir.· 1984-02-07 ·cited 13×
  The court held that the alleged offenses were covered by the extradition treaty and sufficient evidence warranted a finding of probable cause for extradition.
• Hollenbeck v. Estelle
  672 F.2d 451· 5th Cir.· 1982-04-05 ·cited 13×·via Habeas Corpus Relief
  A defendant's post-conviction disagreement with counsel's advice against testifying does not establish a denial of the right to testify, and counsel's strategic decisions regarding evidence and testimony can constitute effective assistance.
• Sellers v. Estelle
  651 F.2d 1074· 5th Cir.· 1981-07-27 ·cited 13×
  The court held that the prosecution's suppression of evidence favorable to the accused, if material, violates due process, and remanded for an evidentiary hearing to determine if such evidence was withheld.
• Filomeno Sotelo Mondragon v. Ilchert
  653 F.2d 1254· 9th Cir.· 1980-01-25 ·cited 13×·via Habeas Corpus Review
  The court held that a district court has jurisdiction to review the denial of discretionary relief in a deportation proceeding when the review is sought via a habeas corpus petition.
• R. J. K. v. State
  375 So. 2d 871· Fla. 1st DCA· 1979-10-11 ·cited 13×
• Lewellyn v. Louie L. Wainwright
  593 F.2d 15· 5th Cir.· 1979-04-13 ·cited 13×·via Federal Habeas Corpus
  A guilty plea is invalid if the defendant is not informed of the maximum possible sentence, as this violates due process.
• Sven Pete Tiitsman v. Black
  536 F.2d 678· 6th Cir.· 1976-06-10 ·cited 13×
  The court held that a probation revocation for criminal conduct does not violate due process, even if the probationer was unaware of their probationary status or its conditions, as long as the conduct itself is inherently unlawful.
• Clay v. Henderson
  524 F.2d 921· 5th Cir.· 1975-12-12 ·cited 13×·via Habeas Corpus Relief
  The court held that the appellant's release was a parole, not a transfer, and therefore the parole board retained jurisdiction over him.
• Bjerkan v. United States
  529 F.2d 125· 7th Cir.· 1975-11-18 ·cited 13×·via Habeas Corpus Relief
  A presidential pardon restores all federal and state civil rights, rendering a habeas corpus appeal moot if the only remaining issues are collateral consequences of the conviction.
• Baker v. Hocker
  496 F.2d 615· 9th Cir.· 1974-05-06 ·cited 13×
  The court held that the preliminary hearing identification procedure was not impermissibly suggestive and did not violate due process.
• State of Fla. ex rel. Philip S. Shailer v. Hon. Stephen R. Booher
  241 So. 2d 720· Fla. 4th DCA· 1970-12-11 ·cited 13×
  The State Attorney sought a writ of prohibition to prevent a circuit judge from enforcing a peremptory writ of habeas corpus that ordered a preliminary hearing for a defendant arrested after an information was filed. The court denied the writ, holding that prohibition was an impr
• United States ex rel. James P. Carafas v. LaVALLEE
  334 F.2d 331· 2d Cir.· 1964-06-22 ·cited 13×·via Federal Habeas Corpus
  The court held that a petitioner's failure to object to evidence at trial does not preclude federal habeas corpus relief if the evidence was admissible under the law at the time of trial and the state courts have passed on the merits of the constitutional claim.
• Hitson v. Mayo
  82 So. 2d 591· Fla.· 1955-09-28 ·cited 13×
  Petitioner Hitson sought habeas corpus relief, claiming his five-year sentence was void because it was imposed under the wrong criminal statute. The Florida Supreme Court held that the application was premature because the sentence was imposed to run consecutive to his existing s
• Masters v. Cobb
  111 Fla. 267· Fla.· 1933-07-06 ·cited 13×·via Habeas Corpus Review
  The Florida Supreme Court reversed a lower court's denial of habeas corpus, holding that the City of Fort Pierce could not impose a license tax on a truck merely delivering goods within city limits unless the city had specific charter authority to do so. The case addresses the li
• Gavin v. Comm'r, Ala. Dep't of Corr.
  40 F.4th 1247· 11th Cir.· 2022-07-14 ·cited 12×·via Habeas Corpus Relief
  Keith Gavin appealed the district court's grant of his federal habeas petition challenging his Alabama death sentence, claiming ineffective assistance of counsel during the penalty phase and juror misconduct. The Eleventh Circuit reversed the grant of habeas relief on the ineffec
• van Poyck v. State
  116 So. 3d 347· Fla.· 2013-06-06 ·cited 12×
  William Van Poyck, a death row inmate, appealed the dismissal of his third successive postconviction motion and sought habeas relief, challenging his 1987 first-degree murder conviction and death sentence for the killing of correctional officer Fred Griffis during a prison escape
• Taylor v. State
  87 So. 3d 749· Fla.· 2012-03-08 ·cited 12×
  William Kenneth Taylor, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.851 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assista
• Aqwan Griffith v. State
  914 So. 2d 1053· Fla. 5th DCA· 2005-11-23 ·cited 12×
  The court held that the state's failure to file a motion for pretrial detention requires a hearing on conditions of release.
• W.C. v. Smith
  898 So. 2d 1137· Fla. 1st DCA· 2005-03-31 ·cited 12×
  A juvenile is entitled to habeas corpus relief if not afforded due process rights in an indirect criminal contempt proceeding.
• Bryant v. State
  851 So. 2d 823· Fla. 2d DCA· 2003-07-30 ·cited 12×
  The court held that conduct occurring outside the courtroom, even if heard by the judge, does not constitute direct criminal contempt if it was not in the judge's actual presence and not directed at the proceedings.
• M.P. v. Gardner
  838 So. 2d 711· Fla. 4th DCA· 2003-03-12 ·cited 12×
  M.P., a juvenile detained in secure custody pending trial for failure to appear, sought habeas corpus relief after the trial court departed from a risk assessment instrument (RAI) that qualified him for nonsecure detention. The Fourth District held that the trial court's written
• Cherry v. Moore
  829 So. 2d 873· Fla.· 2002-10-03 ·cited 12×
  Roger Lee Cherry, convicted of two 1986 murders and sentenced to death for one victim, petitions for a writ of habeas corpus attacking his appellate counsel's effectiveness. The Florida Supreme Court denies the petition, finding his claims either procedurally barred as previously
• Asay v. Moore
  828 So. 2d 985· Fla.· 2002-06-13 ·cited 12×
  Mark James Asay petitioned the Florida Supreme Court for habeas corpus relief following his death sentence conviction for two murders. The court denied all of Asay's claims, which primarily challenged the effectiveness of his appellate counsel and the constitutionality of Florida
• McLEVY v. State
  787 So. 2d 194· Fla. 1st DCA· 2001-05-15 ·cited 12×
• Gillard v. Fla. Parole Comm'n
  784 So. 2d 1214· Fla. 1st DCA· 2001-04-17 ·cited 12×
  The court granted certiorari and quashed the lower court's denial of mandamus, holding that a prisoner challenging parole revocation must file habeas corpus in the county where incarcerated, not in Leon County, which lacked territorial jurisdiction.
• Salow v. State
  766 So. 2d 1222· Fla. 5th DCA· 2000-09-22 ·cited 12×
  A Florida appellate court granted a writ of certiorari to a petitioner seeking habeas corpus relief for gain time credits, finding that the trial court improperly denied the petition before the petitioner had an opportunity to file his authorized reply brief.
• Ferrer v. Manning
  682 So. 2d 659· Fla. 3d DCA· 1996-11-06 ·cited 12×
  Ferrer petitions for habeas corpus relief, claiming his appellate counsel was ineffective for failing to raise that the trial judge's absence during jury testimony readback was fundamental error. The court grants the petition, finding counsel's omission fell outside the range of
• Elisha Gilbert v. Singletary
  632 So. 2d 1104· Fla. 4th DCA· 1994-03-02 ·cited 12×
  Elisha Gilbert, convicted of grand theft auto and sentenced as a habitual felony offender, filed a pro se petition for writ of habeas corpus while simultaneously represented by counsel on direct appeal. The court denied the petition, holding that habeas corpus is a collateral rem
• Sims v. Singletary
  622 So. 2d 980· Fla.· 1993-06-24 ·cited 12×
  Terry Melvin Sims, a death row inmate, petitioned for habeas corpus relief raising eight challenges to his conviction and death sentence. The Florida Supreme Court dismissed most claims as procedurally barred and rejected Sims' remaining arguments regarding aggravating factors an
• Mills v. Singletary
  606 So. 2d 622· Fla.· 1992-10-22 ·cited 12×
  Gregory Mills, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, raising claims about inadequate harmless error analysis and the constitutionality of the felony-murder aggravator. The court denied the petition on procedural grounds, holding tha
• Lufkins v. Leapley
  965 F.2d 1477· 8th Cir.· 1992-05-07 ·cited 12×·via Habeas Corpus Relief
  The admission of witness statements, even if their cross-examination was ineffective, was harmless error beyond a reasonable doubt because the defendant's confession and other corroborating evidence were overwhelming.