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

• Durocher v. Singletary
  623 So. 2d 482· Fla.· 1993-08-12 ·cited 81×
  The Florida Supreme Court held that a competent death row inmate has the constitutional right to waive representation by the Capital Collateral Representative (CCR) and refuse collateral appeals, and that CCR lacks standing to file habeas petitions on behalf of an inmate who expl
• State v. Broom
  523 So. 2d 639· Fla. 2d DCA· 1988-03-04 ·cited 81×
  A circuit court in one county lacks jurisdiction to review a conviction from another county via habeas corpus, and Florida Rule of Criminal Procedure 3.850 has largely superseded habeas corpus for collateral attacks on judgments and sentences.
• Hill v. State
  473 So. 2d 1253· Fla.· 1985-06-20 ·cited 81×
  James Douglas Hill, sentenced to death for first-degree murder, appeals his conviction after the trial court denied his post-conviction relief motion. The Florida Supreme Court vacates his conviction and sentence, holding that the trial court was constitutionally required to cond
• Jennings v. State
  123 So. 3d 1101· Fla.· 2013-06-27 ·cited 80×
  Brandy Bain Jennings was convicted and sentenced to death for three murders committed during a 1995 robbery of a Cracker Barrel restaurant in Naples, Florida. On postconviction appeal, the Florida Supreme Court affirmed the denial of his Rule 3.850 motion for postconviction relie
• Archer v. State
  934 So. 2d 1187· Fla.· 2006-06-29 ·cited 80×
  Robin Lee Archer, a death row inmate, appealed the denial of post-conviction relief and petitioned for habeas corpus following his 1991 conviction for first-degree murder in a robbery that resulted in the death of a store clerk. The Florida Supreme Court affirmed the lower court'
• Owen v. Crosby
  854 So. 2d 182· Fla.· 2003-07-11 ·cited 80×
  Duane Eugene Owen, a death row inmate, challenged his conviction and sentence for first-degree murder, sexual battery, and burglary through a successive motion for postconviction relief under Florida Rule 3.850 and a habeas corpus petition. The Florida Supreme Court affirmed the
• Randolph v. State
  853 So. 2d 1051· Fla.· 2003-04-24 ·cited 80×
  Richard Barry Randolph, a death-sentenced inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief, raising claims of judicial bias from ex parte communications, ineffective assistance of counsel, and other constitutional violati
• Brown v. State
  846 So. 2d 1114· Fla.· 2003-04-24 ·cited 80×
  Paul Anthony Brown, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for habeas corpus relief following his conviction for first-degree murder in the 1992 death of Roger Hensley. The Florida Supreme Court affirmed the trial court's de
• Johnson v. Singletary
  695 So. 2d 263· Fla.· 1996-12-19 ·cited 80×
  Terrell Johnson petitioned for habeas corpus relief, raising twenty-three issues challenging his 1980 death sentence conviction for first-degree murder. The Florida Supreme Court denied the petition, finding all claims either procedurally barred or meritless.
• Johnson v. Singletary
  647 So. 2d 106· Fla.· 1994-05-19 ·cited 80×
  Marvin Johnson, a death row inmate with four execution warrants signed, petitions for habeas corpus and appeals denial of his second motion for postconviction relief. The Florida Supreme Court denies his habeas petition and most postconviction claims but remands for an evidentiar
• Bard v. Wolson
  687 So. 2d 254· Fla. 1st DCA· 1996-12-02 ·cited 79×
  Bard challenged his conditional release revocation through habeas corpus. The trial court denied his petition without allowing him to respond to the Parole Commission's answer, violating procedural rights. The appellate court reversed and remanded, holding that habeas corpus peti
• State v. Sireci
  502 So. 2d 1221· Fla.· 1987-01-05 ·cited 79×
  Henry Perry Sireci, a death row inmate, challenged the trial court's order granting an evidentiary hearing on a second motion for post-conviction relief regarding allegedly incompetent psychiatric evaluations. The Florida Supreme Court affirmed the trial court's order, finding th
• O'Berry v. Louie L. Wainwright
  546 F.2d 1204· 5th Cir.· 1977-02-11 ·cited 79×·via Federal Habeas Corpus
  A federal court is precluded from considering a state prisoner's Fourth Amendment claims on habeas corpus if the state provided an opportunity for full and fair litigation of those claims, even if the state court resolved the claim on procedural grounds.
• Simmons v. State
  105 So. 3d 475· Fla.· 2012-10-18 ·cited 78×
  Eric Lee Simmons was convicted of first-degree murder, kidnapping, and sexual battery in the stabbing and beating death of Deborah Tressler and sentenced to death. The Florida Supreme Court affirmed the guilt-phase conviction but reversed the death sentence, finding ineffective a
• Rogers v. State
  957 So. 2d 538· Fla.· 2007-01-18 ·cited 78×
  Glen Edward Rogers was convicted of first-degree murder and sentenced to death for the 1995 murder of Tina Marie Cribbs. This appeal challenges the trial court's denial of his motion to vacate his conviction and sentence, and his petition for writ of habeas corpus, raising claims
• Robinson v. State
  865 So. 2d 1259· Fla.· 2004-01-29 ·cited 78×
  Johnny Robinson, a death row inmate, appealed the trial court's denial of a successive rule 3.851 postconviction motion and filed a successive habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of postconviction relief and denied habeas relief, re
• Murray v. Regier
  872 So. 2d 217· Fla.· 2002-12-05 ·cited 78×
  Charles Murray challenged his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing his plea agreement in a prior criminal case entitled him to release on probation rather than pretrial civil detention. The Florida Supreme Court held that while M
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×
  Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
• Palmes v. Louie L. Wainwright
  725 F.2d 1511· 11th Cir.· 1984-02-17 ·cited 78×·via Federal Habeas Corpus
  The court held that the appellant's confession was voluntary and admissible, and that his claims of ineffective assistance of counsel were without merit.
• Mills v. Moore
  786 So. 2d 532· Fla.· 2001-04-12 ·cited 77×
  Gregory Mills, a death row inmate, petitioned for habeas corpus relief arguing that Florida's capital sentencing scheme violates the Apprendi decision requiring jury findings on facts increasing penalties, and that his jury override was arbitrarily applied under Tedder. The Flori
• Witt v. State
  465 So. 2d 510· Fla.· 1985-03-04 ·cited 77×
  Johnny Paul Witt, sentenced to death for first-degree murder, appealed the denial of his second post-conviction relief petition under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's dismissal as a successive petition without merit, r
• Harris v. Dugger
  874 F.2d 756· 11th Cir.· 1989-05-16 ·cited 76×
  The court held that the appellant's lawyers rendered ineffective assistance of counsel during the penalty phase by failing to investigate and present mitigation evidence, and that the confession was voluntary and the arrest lawful.
• Kanatser v. Chrysler Corp.
  199 F.2d 610· 10th Cir.· 1952-08-28 ·cited 76×
• Raulerson v. Louie L. Wainwright
  732 F.2d 803· 11th Cir.· 1984-05-01 ·cited 75×
  The court held that the trial court's failure to conduct a Faretta hearing after Raulerson's unequivocal assertion of his right to self-representation was an absolute denial of that right, not waived by subsequent conduct.
• O'Bryan v. W.J. Estelle, Jr.
  714 F.2d 365· 5th Cir.· 1983-08-26 ·cited 75×·via Habeas Corpus Review
  The Fifth Circuit should apply the same standard of review in Witherspoon cases as in other habeas corpus matters, giving deference to state court factual findings unless clearly erroneous, and remanding for evidentiary hearings when the record is unclear.
• Mills v. Dugger
  574 So. 2d 63· Fla.· 1990-11-08 ·cited 74×
  John Mills, a death row inmate, petitioned for habeas corpus relief challenging his murder conviction and death sentence on twelve grounds, including claims based on victim impact evidence and instructional errors. The Florida Supreme Court denied the petition, finding all issues
• Presnell v. Kemp
  835 F.2d 1567· 11th Cir.· 1988-01-11 ·cited 74×·via Federal Habeas Corpus
  The court held that the cause and prejudice standard from Wainwright v. Sykes applies to claims barred by a state's successive petition rule, and the petitioner bears the burden of proving cause and prejudice.
• Beauford White v. Dugger
  511 So. 2d 554· Fla.· 1987-08-20 ·cited 74×
  Beauford White, facing execution, filed a last-minute habeas corpus petition raising constitutional challenges to his death sentence. The Florida Supreme Court denied relief, holding that the petition was procedurally barred under state rules and constituted an abuse of process.
• Hall v. Louie L. Wainwright
  733 F.2d 766· 11th Cir.· 1984-05-16 ·cited 74×·via Federal Habeas Corpus
  The court held that a defendant may waive their right to be present at critical stages of a capital trial, and the specific circumstances of the defendant's absence during voir dire require further inquiry into knowing and voluntary waiver.
• In re Whetstone
  137 Fla. 712· Fla.· 1939-05-09 ·cited 74×
  The Florida Supreme Court held that a natural mother of an illegitimate child is entitled to notice and an opportunity to be heard in adoption proceedings, even after the child has been committed to another party's custody through separate juvenile court proceedings. The Court re
• Doorbal v. State
  983 So. 2d 464· Fla.· 2008-02-14 ·cited 73×
  Noel Doorbal appeals the denial of his rule 3.851 motion to vacate convictions for two counts of first-degree murder and death sentences, and petitions for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, finding procedural defe
• Owen v. State
  862 So. 2d 687· Fla.· 2003-10-23 ·cited 73×
  In this capital murder case, the Florida Supreme Court affirmed the death sentence of Duane Owen for the 1984 murder of fourteen-year-old Karen Slattery. This was Owen's second direct appeal for this conviction after his original 1990 conviction was reversed due to Miranda violat
• Anderson v. State
  18 So. 3d 501· Fla.· 2009-07-09 ·cited 72×
  Fred Anderson appeals the circuit court's denial of his rule 3.851 motion for postconviction relief and petitions for habeas corpus following his 1999 conviction and death sentence for murdering bank employee Heather Young during a robbery. The Florida Supreme Court affirmed the
• Owen v. State
  986 So. 2d 534· Fla.· 2008-05-08 ·cited 72×
  Duane Eugene Owen appeals a circuit court's denial of his Rule 3.851 motion for postconviction relief in a capital murder case, arguing ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the denial, finding that Owen failed to establish eith
• Overton v. State
  976 So. 2d 536· Fla.· 2007-11-29 ·cited 72×
  Thomas Mitchell Overton was convicted of murdering Susan and Michael Macl­vor and sentenced to death. He sought postconviction relief challenging his conviction and sentence, including claims of ineffective assistance of counsel, Brady violations, and denial of DNA testing. The F
• Attwood v. Singletary
  661 So. 2d 1216· Fla.· 1995-10-26 ·cited 72×
  The court held that it has the inherent authority to prevent abuse of the judicial system by requiring pro se litigants to have their filings signed by a member of The Florida Bar.
• Ferguson v. Singletary
  632 So. 2d 53· Fla.· 1993-12-09 ·cited 72×
  John Errol Ferguson, sentenced to death for eight murders, petitions for habeas corpus relief on four grounds: improper resentencing by substitute judge, vague jury instructions on heinous aggravator, involuntary medication during trial, and ineffective appellate counsel. The Flo
• Denhart v. Dugger
  567 So. 2d 1041· Fla. 1st DCA· 1990-10-10 ·cited 72×
• Brown v. Lundgren
  528 F.2d 1050· 5th Cir.· 1976-03-18 ·cited 72×
  A federal court's judicial review of a parole release decision is narrowly limited, and habeas corpus is not available unless the prisoner demonstrates that the parole board's action is so unlawful as to make his custody illegal.
• Nelson v. People OF the State OF Cal.
  346 F.2d 73· 9th Cir.· 1965-05-26 ·cited 72×
  The court held that a habeas petitioner is bound by his counsel's deliberate strategic decision to bypass state procedural rules, even if the petitioner disagreed with the decision, absent bad faith or incompetence.
• United States v. Sturm
  180 F.2d 413· 7th Cir.· 1950-03-07 ·cited 72×
  A voluntary guilty plea, entered with the advice of competent counsel, waives all non-jurisdictional defects, including alleged constitutional violations that did not causally lead to the conviction.
• The State of Fla. ex rel. Harlis Sellers v. Parker
  87 Fla. 181· Fla.· 1924-02-21 ·cited 72×
  Harlis Sellers was convicted in Jacksonville Municipal Court of driving under the influence in violation of a city ordinance and sentenced to 30 days imprisonment. On habeas corpus, the Florida Supreme Court upheld the conviction and sentence, rejecting constitutional challenges
• State v. Vestel
  81 Fla. 625· Fla.· 1921-04-25 ·cited 72×·via Habeas Corpus Proceedings
  The Florida Supreme Court upheld a conviction for failure to pay a municipal license tax imposed under a 1911 statute, rejecting a constitutional challenge that the act violated the single-subject rule by including license tax provisions when the title referenced only property ta
• Wyatt v. State
  71 So. 3d 86· Fla.· 2011-07-08 ·cited 71×
  Death penalty case in which a prisoner challenges his 1991 convictions and death sentences for a 1988 triple homicide at a Domino's Pizza restaurant. The Florida Supreme Court affirmed the lower court's denial of postconviction relief, rejecting claims based on discredited compar
• Brown v. State
  894 So. 2d 137· Fla.· 2004-12-02 ·cited 71×
  George Wallace Brown appeals the denial of his Rule 3.850 postconviction motion and habeas petition following his conviction for first-degree murder and armed robbery and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction relief, rejecti
• Levis Leon Aldrich v. Louie L. Wainwright
  777 F.2d 630· 11th Cir.· 1985-11-19 ·cited 71×·via Habeas Corpus Review
  The dissenting judge held that the petitioner was denied effective assistance of counsel because his counsel's lack of preparation and trial errors prejudiced him, creating a reasonable probability of a different outcome.
• Mason v. Balcom
  531 F.2d 717· 5th Cir.· 1976-05-13 ·cited 71×·via Habeas Corpus Relief
  The court affirmed the district court's judgment, finding that the petitioner's representation was perfunctory and thus ineffective.
• State v. Merritt
  86 Fla. 164· Fla.· 1923-07-14 ·cited 71×
  This case reviews a petitioner's appeal of a habeas corpus denial. The appellate court affirmed the lower court's decision because the bill of exceptions, which contained the evidence and proceedings from the hearing, was not properly certified within the required timeframe after
• Terance Valentine v. State
  98 So. 3d 44· Fla.· 2012-05-17 ·cited 70×
  Terance Valentine appeals the denial of his Rule 3.850 motion to vacate his first-degree murder conviction and death sentence for killing Ferdinand Porche in 1988, and petitions for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial of all postconvic
• Gore v. State
  964 So. 2d 1257· Fla.· 2007-07-05 ·cited 70×
  David Alan Gore challenges his death sentence for the 1983 murder of Lynn Elliott through a post-conviction motion and habeas petition. The Florida Supreme Court affirms the denial of post-conviction relief, rejecting claims of prosecutorial misconduct, ineffective assistance of