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

• Benesch v. Underwood
  132 F.2d 430· 6th Cir.· 1942-12-17 ·cited 12×
  The court held that the appellant's induction was lawful and the draft boards acted fairly, thus denying habeas corpus relief.
• Boyd v. O'Grady
  121 F.2d 146· 8th Cir.· 1941-06-30 ·cited 12×
  The court held that the federal district court should not have dismissed the habeas corpus petition without a hearing, as the petitioner presented a rare case of peculiar urgency justifying federal intervention.
• Ex Parte: Inga S. Hansen
  120 Fla. 333· Fla.· 1935-07-01 ·cited 12×
  This case establishes that habeas corpus is an appropriate remedy to challenge the propriety of a guardianship over an allegedly insane person, not merely its technical legality. The Florida Supreme Court reversed the circuit court's dismissal, holding that courts should inquire
• State v. Hardie
  114 Fla. 374· Fla.· 1934-03-27 ·cited 12×·via Habeas Corpus Proceedings
  This case concerns whether an accessory before the fact can be sentenced before the principal offender. The court held that while the conviction of the accessory is permissible, sentencing must await the principal's sentencing.
• Inglis v. Eli Rymer
  113 Fla. 732· Fla.· 1934-01-12 ·cited 12×·via Habeas Corpus Review
  The Florida Supreme Court reviewed an ordinance by the City of Vero Beach that prohibited the operation of skating rinks where any admission or skate rental fee was charged. The court found the ordinance unreasonable and an unwarranted interference with lawful business, thus void
• State v. Hardie
  108 Fla. 437· Fla.· 1933-02-16 ·cited 12×
  Edgar Bennett Davis petitioned the Florida Supreme Court for a writ of habeas corpus after being committed to jail for contempt of court for failure to pay alimony. The Court denied the petition, holding that a Circuit Court's judgment in a prior habeas corpus proceeding is res a
• Ex parte Chesser
  93 Fla. 590· Fla.· 1927-01-01 ·cited 12×
  Rufus Chesser was convicted of first-degree murder and sentenced to death. After exhausting direct appeals, he sought a stay of execution based on claims of post-conviction insanity. The Florida Supreme Court held that inquiries into a convict's sanity after judgment are collater
• Charley Bell v. Gregory
  89 Fla. 293· Fla.· 1925-03-26 ·cited 12×·via Habeas Corpus Review
  The Florida Supreme Court reversed a lower court's decision in a habeas corpus case. The court found that the information charging the petitioner with violating a statute regulating heavy vehicle use on public roads was fatally defective, thus entitling the petitioner to discharg
• State Ex Rel. F. H. Rand, Jr. v. Brogden
  84 Fla. 520· Fla.· 1922-11-15 ·cited 12×·via Habeas Corpus Review
  The Florida Supreme Court upheld a Miami Beach ordinance regulating automobile speeds within the city against a constitutional challenge, holding that the ordinance's language should be construed in light of the city's delegated power to regulate speeds on city streets rather tha
• Tyler v. Painter
  16 Fla. 144· Fla.· 1877-01-01 ·cited 12×·via Habeas Corpus Review
  The Florida Supreme Court dismissed an appeal from a habeas corpus proceeding, holding that a writ of error, not an appeal, is the exclusive method for reviewing such judgments.
• Pula v. Dixon
  578 So. 2d 1115· Fla. 1st DCA· 2024-11-13 ·cited 11×
  Wayne Allen Pula appeals the trial court's denial of his habeas corpus petition seeking release from a life sentence for second-degree murder imposed in 1989. The appellate court affirmed the trial court's order and found the appeal frivolous, referring Pula to the Department of
• Davis v. State of Fla. & Leon Davis
  Fla.· 2024-02-01 ·cited 11×
  Leon Davis, Jr. was convicted and sentenced to death for two murders committed during a robbery at a BP gas station in December 2007, and he subsequently challenged his conviction in postconviction proceedings. The Florida Supreme Court affirmed the denial of Davis's postconvicti
• Gaskin v. State of Fla. & Louis B. Gaskin v. Ricky D. Dixon
  361 So. 3d 300· Fla.· 2023-04-06 ·cited 11×
  Louis B. Gaskin, a death row inmate under an active death warrant, appealed the circuit court's summary denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of all relief, finding
• Jackson v. State of Fla. & Kim Jackson v. Ricky D. Dixon
  330 So. 3d 867· Fla.· 2022-06-30 ·cited 11×
  Kim Jackson, convicted and sentenced to death for the murder of Debra Pearce based on DNA and fingerprint evidence, appealed and petitioned for habeas corpus challenging multiple ineffective assistance of trial and appellate counsel claims. The Florida Supreme Court affirmed the
• Jean-Elie Charlemagne v. Marydell Guevara
  183 So. 3d 1261· Fla. 3d DCA· 2016-01-27 ·cited 11×
  The appellate court held that the trial court erred in issuing an alias capias warrant and estreating bond when the defendant had waived his presence at a pretrial conference and was not clearly advised that his presence was required.
• Lucious Boyd v. State
  200 So. 3d 685· Fla.· 2015-12-17 ·cited 11×
  Lucious Boyd, a death-row inmate convicted of first-degree murder, sexual battery, and armed kidnapping, challenged his conviction and sentence through a Rule 3.851 postconviction motion and habeas petition. The Florida Supreme Court affirmed the trial court's denial of relief, f
• Huggins v. State
  161 So. 3d 335· Fla.· 2014-10-09 ·cited 11×
  John Steven Huggins appeals the circuit court's denial of his motion to vacate his first-degree murder conviction and death sentence under Florida Rule of Criminal Procedure 3.851, and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the denial of postcon
• Butler v. State
  100 So. 3d 638· Fla.· 2012-07-12 ·cited 11×
  Harry Lee Butler was convicted of first-degree murder and sentenced to death for killing his former girlfriend Leslie Fleming in 1997. The Florida Supreme Court affirmed his direct appeal conviction in 2003. On appeal of the denial of his post-conviction motion under Rule 3.851 a
• Rayvon L. Boatman v. State
  77 So. 3d 1242· Fla.· 2011-12-15 ·cited 11×
  The Florida Supreme Court held that a sexually violent predator respondent under the Jimmy Ryce Act who fails to challenge a trial court's continuance decision through habeas corpus before trial does not waive the claim by raising it on appeal, but cannot obtain release and dismi
• Fails v. State
  46 So. 3d 1032· Fla. 1st DCA· 2010-09-13 ·cited 11×
  Anthony Fails sought habeas corpus relief challenging his 2004 sexual battery conviction, but the court dismissed the petition as raising claims that could have been raised on direct appeal. After Fails filed 16 unsuccessful prior challenges to the same conviction, the court impo
• Stephens v. State
  974 So. 2d 455· Fla. 2d DCA· 2008-01-18 ·cited 11×
  The court held that a manifest injustice and denial of due process occurred by denying reconsideration of a habitual felony offender sentence when the trial court erroneously believed a life sentence was mandatory.
• Rogers v. State
  966 So. 2d 490· Fla. 1st DCA· 2007-10-15 ·cited 11×
  Michael Rogers sought habeas corpus relief challenging a $500,000 bail amount in a capital sexual battery case, arguing it was excessive and effectively no bail. The court denied the petition, holding that without competent evidence of Rogers' financial circumstances presented at
• Qui Vinh Phuoc Nguyen v. State
  925 So. 2d 435· Fla. 5th DCA· 2006-04-06 ·cited 11×
• Roth v. Crosby
  884 So. 2d 407· Fla. 2d DCA· 2004-09-24 ·cited 11×
  Joseph Henry Roth, a prison inmate, challenged his presumptive parole release date set by the Florida Parole and Probation Commission through a habeas corpus petition in circuit court. The court of appeal affirmed the circuit court's denial of the petition, holding that the prope
• Stewart v. Crosby
  880 So. 2d 529· Fla.· 2004-05-13 ·cited 11×
  Kenneth Stewart petitions for a writ of habeas corpus challenging his death sentence for first-degree felony murder and related crimes. The Florida Supreme Court denies the petition, holding that Florida's capital sentencing scheme is constitutional under Ring and Apprendi, and t
• Tywaun Jackson v. State
  802 So. 2d 1213· Fla. 2d DCA· 2002-01-09 ·cited 11×
  Jackson, a person civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act, petitioned for habeas corpus or mandamus relief claiming the Department failed to provide required annual mental examinations, written notice of release rights, and judicial review.
• State v. J.B. Parker
  721 So. 2d 1147· Fla.· 1998-09-04 ·cited 11×
  The Florida Supreme Court affirmed the trial court's grant of a new penalty phase proceeding for death row inmate J.B. Parker, finding that the State withheld exculpatory evidence (testimony from jail inmate Michael Bryant) that could have changed the outcome of the penalty phase
• In re Rule OF Crim. Procedure 3.851 (Collateral Relief After Death Sentence HAS Been Imposed) & Rule 3.850 (Motion to Vacate
  626 So. 2d 198· Fla.· 1993-10-21 ·cited 11×
  The Florida Supreme Court adopted new Rule 3.851 and modified Rule 3.850 to establish a more orderly process for postconviction relief in capital cases. The new rule imposes a one-year filing deadline for Rule 3.850 motions in death penalty cases, requires counsel assignment with
• Occhicone v. Singletary
  618 So. 2d 730· Fla.· 1993-04-08 ·cited 11×
  The appellate court affirmed the conviction for possession of cocaine and drug paraphernalia but reversed the disposition imposed by the trial court.
• Lashley v. Armontrout
  957 F.2d 1495· 8th Cir.· 1992-03-04 ·cited 11×
  The court held that the state trial judge's refusal to give a mitigating circumstance instruction, despite the lack of supporting evidence, violated the Eighth Amendment as explained in Lockett.
• James v. MacNEIL
  586 So. 2d 98· Fla. 5th DCA· 1991-09-26 ·cited 11×
  The court held that the order for involuntary commitment was improper because it failed to comply with statutory and rule requirements regarding psychiatric evaluations and consideration of less restrictive alternatives.
• Stringer v. Jackson
  909 F.2d 111· 5th Cir.· 1990-07-30 ·cited 11×·via Habeas Corpus Review
  Claims raised under Clemons and Maynard are not available to a habeas petitioner whose conviction was final prior to these decisions, as they constitute a new rule of law under Teague.
• Ringstaff v. Howard
  885 F.2d 1542· 11th Cir.· 1989-09-28 ·cited 11×·via Habeas Corpus Relief
  The court held that a delay in prosecution to await resolution of a critical legal issue regarding the validity of the death penalty statute was reasonable and did not violate the defendant's speedy trial rights, absent a showing of actual prejudice.
• Fitzpatrick v. McCORMICK
  869 F.2d 1247· 9th Cir.· 1989-03-07 ·cited 11×·via Habeas Corpus Relief
  The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest and that his death sentence for deliberate homicide violated the Double Jeopardy Clause.
• Neuschafer v. Harol Whitley
  860 F.2d 1470· 9th Cir.· 1988-11-03 ·cited 11×·via Federal Habeas Corpus
  The court ultimately concurs with the majority's decision, despite prior reservations.
• Hindman v. Bischoff
  534 So. 2d 743· Fla. 2d DCA· 1988-11-02 ·cited 11×
  A consent to adoption, freely and voluntarily given, is irrevocable unless obtained by fraud or duress.
• Gwynn v. Orange Cnty. Bd. OF Cnty. Comm'rs
  527 So. 2d 866· Fla. 5th DCA· 1988-06-16 ·cited 11×
  Gwynn appeals the denial of his habeas corpus petition challenging his detention in county jail for consecutive misdemeanor sentences totaling over one year. The Fifth District affirms, holding that section 922.051 applies only to felony convictions and provides no statutory auth
• Johnson v. Cabana
  818 F.2d 333· 5th Cir.· 1987-05-19 ·cited 11×·via Federal Habeas Corpus
  The court affirmed the denial of habeas corpus relief, finding that the petitioner failed to make a substantial threshold showing of present insanity and that his claims of ineffective counsel lacked merit under the Strickland standard.
• Benham v. Ledbetter
  785 F.2d 1480· 11th Cir.· 1986-03-21 ·cited 11×·via Habeas Corpus Proceedings
  The court held that Georgia's statutory scheme for releasing persons committed after acquittal by reason of insanity is constitutional, as it satisfies due process requirements.
• Cristobal Perez-Perez v. Hanberry
  781 F.2d 1477· 11th Cir.· 1986-01-27 ·cited 11×·via Habeas Corpus Review
  The Criminal Justice Act does not authorize the appointment and compensation of counsel in habeas corpus actions brought by excludable aliens challenging the Attorney General's refusal to parole them.
• R.B. Williams v. Parke
  741 F.2d 847· 6th Cir.· 1984-08-16 ·cited 11×·via Habeas Corpus Review
  The dissenting judge would hold that the Allen charge, combined with other factors, deprived the defendant of his constitutional right to a fair trial and that the error was not harmless.
• LEE v. Winston
  717 F.2d 888· 4th Cir.· 1983-09-14 ·cited 11×·via Federal Habeas Corpus
  The court held that the involuntary surgical removal of a bullet from a suspect's body, under the circumstances presented, would violate the Fourth Amendment's protection against unreasonable searches. It also held that such a claim is cognizable under 42 U.S.C. § 1983, not habea
• Louis v. Meissner
  532 F. Supp. 881· S.D. Fla.· 1982-02-24 ·cited 11×
  The court held that judicial review of exclusion proceedings is limited to habeas corpus after a final order of exclusion is entered, and that plaintiffs lacked standing to challenge procedures prior to such an order.
• Gusikoff v. United States
  620 F.2d 459· 5th Cir.· 1980-06-06 ·cited 11×
  The court held that the evidence was sufficient to establish probable cause for extradition and that a prior conviction for conspiracy in the U.S. did not bar extradition for substantive offenses committed in the UK.
• Williams v. Louie L. Wainwright
  604 F.2d 404· 5th Cir.· 1979-10-12 ·cited 11×
  The court affirmed the denial of the habeas corpus petition, finding the nolo contendere plea voluntary, the plea bargain not broken, and the arrest claim waived by the plea.
• United States v. Sisneros
  599 F.2d 946· 10th Cir.· 1979-06-12 ·cited 11×·via Federal Habeas Corpus
  A mere technical violation of Rule 11, such as failing to fully advise a defendant of the maximum possible special parole term, does not warrant collateral relief under 28 U.S.C. § 2255 absent a showing of manifest injustice or exceptional circumstances.
• Cook v. Hanberry
  592 F.2d 248· 5th Cir.· 1979-03-29 ·cited 11×·via Habeas Corpus (28 U.S.C. § 2255)
  A prisoner's claim of mistreatment during incarceration does not entitle them to release via habeas corpus, even if the mistreatment violates the Eighth Amendment.
• Fuller v. Louie L. Wainwright
  268 So. 2d 431· Fla. 4th DCA· 1972-08-08 ·cited 11×
  Fuller was convicted of breaking and entering with intent to commit rape. His appeal was dismissed for late filing, but he obtained a delayed appeal via habeas corpus. The Fourth District affirmed the conviction, finding no constitutional violation in the pretrial identification
• Miller v. Iverne R. Carter
  434 F.2d 824· 9th Cir.· 1970-10-09 ·cited 11×·via Federal Habeas Corpus
  The dissenting judge would affirm the district court's denial of the petition for habeas corpus, finding that the petitioner's counsel deliberately waived objections as a matter of trial strategy.
• Brooks v. Smith
  429 F.2d 1281· 5th Cir.· 1970-07-06 ·cited 11×·via Federal Habeas Corpus
  The court held that claims of illegal arrest and improper lineup were insufficient for habeas relief, but the denial of the inadequate counsel claim was vacated for further review.