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

• Stout v. Hancock
  146 F.2d 741· 4th Cir.· 1944-12-20 ·cited 10×·via Habeas Corpus Proceedings
  A unanimous vote is not required for conviction of an offense where the death penalty is permissive but not mandatory under the Articles of War.
• Spence v. Dowd
  145 F.2d 451· 7th Cir.· 1944-11-08 ·cited 10×
  The court held that the district court erred in summarily denying the petition for a writ of habeas corpus without a hearing, as the appellant's allegations, if true, presented a case for federal review.
• Fleish v. Johnston
  145 F.2d 16· 9th Cir.· 1944-09-29 ·cited 10×
  The court held that the National Firearms Act permits multiple punishments for distinct violations, even if arising from the same event or involving the same firearm.
• Miller v. Hiatt
  141 F.2d 690· 3d Cir.· 1944-03-08 ·cited 10×
  The court held that a writ of habeas corpus cannot be used to raise issues concerning the admissibility of evidence that could have been raised on direct appeal.
• Ammons v. King
  136 F.2d 318· 8th Cir.· 1943-08-31 ·cited 10×
  The court held that the appellant's claims of fraud and procedural errors did not render his detention illegal, and thus habeas corpus relief was not warranted.
• United States ex rel. Dilling v. McDONNELL
  130 F.2d 1012· 7th Cir.· 1942-10-20 ·cited 10×
  The court held that there is no statutory authority to hear an appeal from an order denying a writ of habeas corpus testing the validity of a removal warrant.
• Hogue v. Duffy
  124 F.2d 864· 9th Cir.· 1942-01-16 ·cited 10×
  The court held that a federal district court should not grant a writ of habeas corpus when state remedies have been exhausted but the petitioner has not sought review in the U.S. Supreme Court.
• Coleman v. Achim
  114 Fla. 89· Fla.· 1934-02-27 ·cited 10×·via Habeas Corpus Proceedings
  This case concerns whether operating a passenger automobile for compensation on public highways, even for a single trip, constitutes a violation of Florida's motor vehicle transportation laws. The court reversed a lower court's discharge of a defendant, finding that the facts pre
• French v. Turner
  103 Fla. 425· Fla.· 1931-11-07 ·cited 10×·via Habeas Corpus Proceedings
  The Florida Supreme Court affirmed a lower court's decision to quash a writ of habeas corpus, holding that a challenge to the statute of limitations on a criminal charge is a matter for trial, not habeas corpus.
• Ex parte Garvey
  84 Fla. 583· Fla.· 1922-11-20 ·cited 10×·via Habeas Corpus Review
  The Florida Supreme Court reversed a habeas corpus decision and ordered discharge of M. Garvey, who was charged under Chapter 8401, Acts of 1921 (the worthless check statute). The court found the information charging Garvey with passing a worthless check was legally insufficient
• Taylor v. Sec'y, Fla. Dep't of Corr.
  64 F.4th 1264· 11th Cir.· 2023-04-11 ·cited 9×·via Habeas Corpus Relief
  The court affirmed the denial of the habeas petition, finding no Brady violation and that any deficient performance by trial counsel was not prejudicial.
• Covington v. State of Fla. & Edward Allen Covington v. Ricky D. Dixon
  348 So. 3d 456· Fla.· 2022-08-25 ·cited 9×
  Edward Covington, who pleaded guilty to murdering his girlfriend and her two young children in 2008, appealed the denial of his motion for postconviction relief and petition for habeas corpus seeking to vacate his death sentences. The Florida Supreme Court affirmed the trial cour
• State v. Murray
  262 So. 3d 26· Fla.· 2018-12-20 ·cited 9×
  Murray appeals a postconviction denial of most relief claims after being convicted of first-degree murder and sentenced to death in 1990. The Florida Supreme Court affirms the trial court's grant of a new penalty phase pursuant to Hurst but denies all other relief claims, rejecti
• Zack v. State
  228 So. 3d 41· Fla.· 2017-06-15 ·cited 9×
  Michael Duane Zack III appeals a circuit court's denial of his motion to vacate his 1997 first-degree murder conviction and death sentence, claiming entitlement to a hearing on intellectual disability under Hall v. Florida and asserting a constitutional violation under Hurst v. F
• Ysaza v. State
  222 So. 3d 3· Fla. 4th DCA· 2017-06-14 ·cited 9×
  The court held that while the first appearance judge erred in failing to determine if the probable cause affidavit established proof of guilt was evident or the presumption was great, this error was harmless because the affidavit did establish such proof.
• Snelgrove v. State
  217 So. 3d 992· Fla.· 2017-05-11 ·cited 9×
  David Snelgrove was convicted and sentenced to death for murdering an elderly couple in 2000. The Florida Supreme Court affirmed the denial of his post-conviction motion challenging his conviction and claims of ineffective counsel, but vacated his death sentences and ordered a ne
• Hampton v. State
  219 So. 3d 760· Fla.· 2017-05-04 ·cited 9×
  John Lee Hampton was convicted of first-degree murder and sentenced to death for the 2007 killing of Renee McKinness in Clearwater, Florida. The Florida Supreme Court affirmed the denial of post-conviction relief on guilt-phase ineffective assistance claims and intellectual disab
• Donald Lenneth Banks v. State
  219 So. 3d 19· Fla.· 2017-04-20 ·cited 9×
  Donald Lenneth Banks was convicted of first-degree murder and sentenced to death for the 2005 stabbing death of Linda Volum. The Florida Supreme Court affirmed his conviction and guilt-phase claims, but vacated his death sentence due to the Hurst v. Florida decision requiring jur
• Parrish v. State
  201 So. 3d 145· Fla. 3d DCA· 2016-01-06 ·cited 9×
  Thomas Parrish, who pleaded guilty to armed robbery, kidnapping, aggravated battery, and sexual battery and received a 25-year sentence, petitioned for a writ of habeas corpus to obtain a belated appeal. The court appointed a commissioner to hold an evidentiary hearing to resolve
• Eaglin v. State
  176 So. 3d 900· Fla.· 2015-06-25 ·cited 9×
  Dwight T. Eaglin was convicted and sentenced to death for murdering a correctional officer and inmate while attempting to escape from prison. The Florida Supreme Court affirmed the postconviction court's denial of his ineffective assistance of counsel claims and rejected his habe
• Preston v. Sheriff David GEE
  133 So. 3d 1218· Fla. 2d DCA· 2014-03-14 ·cited 9×
  Preston petitioned for habeas corpus challenging a no-bond detention order entered at his first appearance on armed robbery charges. The Florida Second District Court of Appeal granted the petition, holding that the criminal report affidavit submitted was legally insufficient und
• Haager v. State
  36 So. 3d 883· Fla. 2d DCA· 2010-06-04 ·cited 9×·via Habeas Corpus Relief
  The appellate court affirmed the denial of a motion to vacate convictions but reversed the denial of a motion to vacate sentences, finding that the sentencing procedure for mentally disordered sex offenders was not followed.
• Davis v. State
  26 So. 3d 647· Fla. 2d DCA· 2010-01-22 ·cited 9×
  Sidney Davis appeals the denial of his habeas corpus petition seeking release from a life sentence imposed for second-degree burglary in 1976. The court reverses and remands, directing that Davis's challenge be reframed as a motion to correct an illegal sentence under Florida Rul
• Etienne v. State
  994 So. 2d 450· Fla. 3d DCA· 2008-10-29 ·cited 9×
  Lorenzo Etienne appeals the denial of his habeas corpus petition, claiming that the forfeiture of gain time earned on a prior prison sentence violated the terms of his plea agreement. The court reversed, holding that while Etienne was not entitled to credit for all time previousl
• Tremaine Bailem v. State
  984 So. 2d 604· Fla. 3d DCA· 2008-06-11 ·cited 9×
  Tremaine Bailem petitioned for writs of habeas corpus and mandamus to compel the trial court to transport him to testify at an evidentiary hearing on his postconviction relief motion. The Florida appellate court denied both petitions, finding that mandamus was inappropriate becau
• Watts v. State
  985 So. 2d 21· Fla. 2d DCA· 2008-05-21 ·cited 9×
  Julian Watts appealed the dismissal of his habeas corpus petition challenging his 35-year resentence imposed in October 2006 for violating probation. The court reversed, holding that while habeas corpus was improper, the circuit court should have treated the petition as a motion
• Ivey v. Dep't OF Child. & Fam. Servs.
  974 So. 2d 480· Fla. 2d DCA· 2008-01-25 ·cited 9×
  Donald Raymond Ivey petitioned for habeas corpus challenging his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, claiming ineffective assistance of trial counsel. The Second District Court of Appeal denied the petition but certified a question of g
• K.P. v. State
  952 So. 2d 1229· Fla. 5th DCA· 2007-03-30 ·cited 9×
  In this juvenile habeas corpus proceeding, K.P. challenges a trial court's order placing him in secure detention for fifteen days pending placement in a moderate-risk residential program. The appellate court found that the trial court lacked authority to order secure detention be
• Wilson v. State
  933 So. 2d 598· Fla. 3d DCA· 2006-06-21 ·cited 9×
  Roy Lee Wilson petitioned for habeas corpus claiming his trial counsel was ineffective for failing to raise that the trial court committed fundamental error by using "and/or" in jury instructions. The Florida Court of Appeal denied the petition, holding that the use of "and/or" b
• Camara v. State
  916 So. 2d 946· Fla. 3d DCA· 2005-12-02 ·cited 9×·via Habeas Corpus Relief
  Roberto Camara sought habeas corpus relief challenging his $5,000,000 bond set in a first-degree murder case. The court granted the petition and remanded for a full evidentiary hearing on Camara's financial resources, finding the bond hearing was insufficient because no testimony
• Glendon Goelz v. Bradshaw
  906 So. 2d 1234· Fla. 4th DCA· 2005-07-27 ·cited 9×
  A Florida appellate court granted a habeas corpus petition and quashed a bond revocation order, holding that the trial court erred in finding the defendant's letter to the victim was "new information" when substantial portions of it had already been presented to the first appeara
• Finney v. State
  831 So. 2d 651· Fla.· 2002-09-26 ·cited 9×
  Charles W. Finney, convicted and sentenced to death for the 1991 murder of Sandra Sutherland, appeals the denial of his first motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus. The Florida Supreme Court affir
• Alphonso Prosperity Smith v. Kearney
  802 So. 2d 387· Fla. 4th DCA· 2001-11-14 ·cited 9×
  Alphonso Smith appealed the denial of his habeas corpus petition challenging his detention under Florida's Jimmy Ryce Act. Smith argued he was unlawfully detained because his sentences included an illegal concurrent probation and incarceration term that should have resulted in hi
• Azadi v. Spears
  826 So. 2d 1020· Fla. 3d DCA· 2001-04-25 ·cited 9×
  Michael Azadi petitioned for habeas corpus challenging his pretrial detention order. The court reversed the detention order because it was based exclusively on hearsay evidence (an arrest affidavit), which violates Florida Rule of Criminal Procedure 3.132(c)(1).
• N.H. v. State
  723 So. 2d 889· Fla. 5th DCA· 1998-12-23 ·cited 9×
  A juvenile petitioner sought habeas corpus relief claiming double jeopardy violations after a trial court imposed additional detention time from a previously suspended contempt sentence. The appellate court agreed the trial court violated double jeopardy protections by increasing
• Mesidor v. Neumann
  721 So. 2d 810· Fla. 4th DCA· 1998-12-16 ·cited 9×
  The Fourth District Court of Appeal granted a petition for writ of habeas corpus seeking reduction of pretrial bond for a defendant charged with sexual battery and kidnapping. The court found that a $200,000 bond was effectively no bond for an indigent defendant with community ti
• Johnson v. Felton
  655 So. 2d 1286· Fla. 3d DCA· 1995-06-07 ·cited 9×
  A civil contempt order for incarceration requires an affirmative finding that the obligor has the present ability to pay the purge amount.
• Marlin Button v. State
  641 So. 2d 106· Fla. 2d DCA· 1994-03-02 ·cited 9×
  The court held that a sentence imposed under a statute not in existence at the time of the offense is illegal and must be reversed. The court also affirmed the denial of the motion to withdraw pleas for other counts.
• Holland v. McGINNIS
  963 F.2d 1044· 7th Cir.· 1992-05-14 ·cited 9×
  The court held that the Des Plaines confession was voluntary and that the Batson claim was barred by Teague v. Lane because Powers v. Ohio announced a new rule.
• Myron W. Garmon v. A.L. Lockhart
  938 F.2d 120· 8th Cir.· 1991-07-08 ·cited 9×·via Habeas Corpus Relief
  The court held that erroneous advice regarding parole eligibility can constitute ineffective assistance of counsel, and the defendant was prejudiced by such advice.
• United States v. Helder C. Simas
  937 F.2d 459· 9th Cir.· 1991-06-27 ·cited 9×·via Habeas Corpus Review
  The court held that the district court did not err in refusing an entrapment instruction, that the jury instructions for mail fraud were adequate, and that the bribery counts were properly brought under 18 U.S.C. § 666 without requiring tracing of federal funds.
• Washington v. State
  576 So. 2d 973· Fla. 2d DCA· 1991-04-05 ·cited 9×
  The court held that allegations regarding counsel's failure to inform a defendant of their right to appeal, when the sentence is less than death, must now be raised in the trial court via a rule 3.850 motion, not a habeas corpus petition.
• S.Y. v. McMILLAN
  563 So. 2d 807· Fla. 1st DCA· 1990-06-26 ·cited 9×
  The court reversed a resentencing for sexual battery, holding that convictions obtained after the initial sentencing, even if for offenses committed prior to the initial sentencing, could be used to calculate a new scoresheet for resentencing.
• Mikel v. Thieret
  887 F.2d 733· 7th Cir.· 1989-10-04 ·cited 9×·via Federal Habeas Corpus
  The court affirmed the denial of the federal habeas corpus petition, finding that Mikel's claims were either procedurally defaulted, lacked merit, or were not properly exhausted.
• Thomas v. Dugger
  548 So. 2d 230· Fla.· 1989-08-31 ·cited 9×
  John Scott Thomas petitioned for habeas corpus relief challenging the Department of Corrections' denial of gain-time credit during his mandatory minimum sentence for robbery with a firearm. The Florida Supreme Court held that the statute prohibiting eligibility for gain-time duri
• LEE v. State
  546 So. 2d 436· Fla. 5th DCA· 1989-06-28 ·cited 9×
  Greg Lee challenges his involuntary commitment for alcoholism treatment, arguing the commitment violated statutory requirements. The court grants his petition for habeas corpus and orders his immediate discharge because the trial court failed to comply with the Comprehensive Alco
• Chavez v. Dareld Kerby
  848 F.2d 1101· 10th Cir.· 1988-06-08 ·cited 9×·via Federal Habeas Corpus
  The admission of prior act testimony and the refusal to instruct on a lesser included offense did not violate the petitioner's constitutional rights, thus habeas corpus relief is denied.
• Stone v. Dugger
  837 F.2d 1477· 11th Cir.· 1988-02-05 ·cited 9×·via Habeas Corpus Review
  The court held that the petitioner is entitled to resentencing because the jury was improperly instructed to consider only statutory mitigating factors, violating the Eighth Amendment.
• Brown v. Dugger
  831 F.2d 1547· 11th Cir.· 1987-11-13 ·cited 9×·via Federal Habeas Corpus
  The court held that limiting cross-examination into a witness's potential deal with the state violated the Confrontation Clause and was not harmless error.
• Dooley v. Duckworth
  832 F.2d 445· 7th Cir.· 1987-10-30 ·cited 9×·via Habeas Corpus Review
  The court, bound by habeas corpus rules, could not find the Indiana Supreme Court's findings clearly wrong, despite doubts about the identification evidence.