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

• Yellen v. Cooper
  828 F.2d 1471· 10th Cir.· 1987-09-11 ·cited 9×
  The court held that a prisoner's request for final disposition of a detainer constitutes a waiver of pretransfer rights under the Interstate Agreement on Detainers Act (IADA), and this waiver can be the basis for a sua sponte dismissal of a complaint filed in forma pauperis, even
• Durant v. The Honorable Eddie Boone
  509 So. 2d 1275· Fla. 1st DCA· 1987-07-10 ·cited 9×
  A witness in a rape trial was cited for contempt of court and jailed after allegedly committing perjury. The court granted her habeas corpus petition, finding that the judge failed to comply with Florida's mandatory procedural requirements for criminal contempt proceedings.
• Rosenfeld v. Dunham
  820 F.2d 52· 2d Cir.· 1987-06-01 ·cited 9×·via Federal Habeas Corpus
  The court held that the state appellate court's written opinion, which considered the defendant's remaining contentions and found they did not merit reversal, indicated a review on the merits, thus allowing federal habeas review of the jury instruction claim.
• In re Grand Jury Proceedings. Storer Commc'ns, Inc. v. Wayne Cnty. Cir. Court Judge William J. Giovan
  810 F.2d 580· 6th Cir.· 1987-02-06 ·cited 9×·via Habeas Corpus Review
  The court affirmed the denial of the habeas petition, finding that the petitioner failed to establish a constitutional right to a newsman's privilege and that the petition improperly sought review of state court substantive decisions.
• Burnett v. Kindt
  780 F.2d 952· 11th Cir.· 1986-01-22 ·cited 9×
  The appeal is dismissed as moot because the respondent voluntarily complied with the district court's writ, rendering appellate review impossible.
• Darden v. Louie L. Wainwright
  767 F.2d 752· 11th Cir.· 1985-07-23 ·cited 9×·via Habeas Corpus Review
  The court holds that a juror's opposition to the death penalty does not automatically disqualify them if they can still apply the law impartially.
• Hill v. United States
  737 F.2d 950· 11th Cir.· 1984-07-26 ·cited 9×·via Habeas Corpus Review
  The court held that the arrest warrant complied with the extradition treaty, even if it did not list all extraditable offenses.
• Nat'l Farmers Union Ins. Cos. v. Crow Tribe OF Indians
  736 F.2d 1320· 9th Cir.· 1984-07-03 ·cited 9×
  A federal court cannot entertain a civil suit seeking to enjoin a tribal court's exercise of jurisdiction, as federal law limits such review to habeas corpus.
• Westlake v. State
  440 So. 2d 74· Fla. 5th DCA· 1983-11-10 ·cited 9×
  Howard Westlake appealed his involuntary commitment under Florida's Baker Act after he had already been released from the facility. The court dismissed the appeal as moot, following Florida Supreme Court precedent that prior release moots constitutional challenges to commitment o
• Nerison v. Solem
  715 F.2d 415· 8th Cir.· 1983-08-24 ·cited 9×·via Federal Habeas Corpus
  The court held that federal habeas corpus review is barred by procedural default for claims not raised in state court, absent a showing of cause and prejudice, and that the denial of a continuance or substitution of counsel was not an abuse of discretion absent prejudice.
• Lampkins v. Gagnon
  710 F.2d 374· 7th Cir.· 1983-06-21 ·cited 9×·via Federal Habeas Corpus
  The court held that Wisconsin's presumptive intent and party-to-a-crime jury instructions did not violate the defendant's constitutional rights, and affirmed the denial of habeas corpus.
• Wilkerson v. Turner
  693 F.2d 121· 11th Cir.· 1982-12-06 ·cited 9×·via Federal Habeas Corpus
  The exclusion of a reliable confession, which was crucial to the defense, violated the defendant's due process rights, even if it was inadmissible hearsay under state law.
• Bontempo v. Fenton
  692 F.2d 954· 3d Cir.· 1982-11-16 ·cited 9×·via Habeas Corpus Proceedings
  The court held that the defendant's Sixth Amendment right to counsel was violated because he did not knowingly and intelligently waive his right to counsel when he made an unsworn statement to the jury.
• Booker v. Louie L. Wainwright
  675 F.2d 1150· 10th Cir.· 1982-04-20 ·cited 9×
  The court granted a stay of execution to allow for proper consideration of the petitioner's claims, acknowledging the late filing but emphasizing the need to adjudicate the merits.
• Pierce v. Parratt
  666 F.2d 1205· 8th Cir.· 1981-12-16 ·cited 9×·via Federal Habeas Corpus
  The court's holding is not explicitly stated as this is a concurring opinion reiterating a dissent. However, the concurring judge believes the Nebraska habitual criminal statute is unconstitutional.
• McKINNEY v. Estelle
  657 F.2d 740· 5th Cir.· 1981-09-30 ·cited 9×·via Federal Habeas Corpus
  The court held that the prosecutor's improper argument, in the context of prior improprieties and the lack of a ruling on the objection, deprived the defendant of a fair trial.
• Pride v. Estelle
  649 F.2d 324· 5th Cir.· 1981-06-30 ·cited 9×·via Federal Habeas Corpus
  The court held that post-trial evidence created a real, substantial, and legitimate doubt as to the petitioner's competency to stand trial, warranting a federal evidentiary hearing.
• Hampesle Lee Johnson, Sr. v. State
  390 So. 2d 1234· Fla. 5th DCA· 1980-12-10 ·cited 9×
  Hampesle Lee Johnson petitioned for a writ of habeas corpus in the Florida District Court of Appeal, Fifth District, alleging he was illegally convicted of an unspecified criminal charge in July 1980. The court denied the petition, holding that habeas corpus cannot be used to rai
• Fairbanks v. Cowan
  551 F.2d 97· 6th Cir.· 1977-03-03 ·cited 9×
  The court held that the use of the victim's father as an interpreter for the victim, who had the mental capacity of a six-year-old, constituted fundamental unfairness in violation of due process.
• Russell v. Honorable Judge Lamar Knight
  488 F.2d 96· 5th Cir.· 1973-12-05 ·cited 9×
  The court held that a petition styled as mandamus, alleging denial of appeal rights, could be treated as a petition for writ of habeas corpus.
• Stroup v. State
  270 So. 2d 47· Fla. 2d DCA· 1972-12-13 ·cited 9×
  The court denies the petition for writ of habeas corpus without prejudice, allowing the petitioner to refile a post-conviction relief motion.
• Winters v. Cook
  466 F.2d 1393· 5th Cir.· 1972-09-20 ·cited 9×·via Habeas Corpus Relief
  A guilty plea does not waive the right to challenge jury composition if the defendant was unaware of that right.
• United States ex rel. Clarence Tyler v. Henderson
  453 F.2d 790· 5th Cir.· 1971-11-16 ·cited 9×·via Habeas Corpus Review
  The court held that the asylum state's habeas corpus review is limited to three specific questions regarding rendition proceedings.
• United States v. Hon. Harold W. Follette (Successor to Hon. Edward M. Fay)
  367 F.2d 559· 2d Cir.· 1966-10-24 ·cited 9×
  The court held that the trial judge's refusal to appoint a commission to determine competency, based on the evidence presented, did not violate due process.
• Martin v. Spradley
  341 F.2d 89· 5th Cir.· 1965-01-26 ·cited 9×·via Federal Habeas Corpus
  The court held that the federal district court correctly dismissed the petition for writ of habeas corpus because the petitioner had not exhausted his available state remedies.
• In re Local Lodge NO. 1248 OF Int'l Ass'n OF MacHinists
  131 So. 2d 29· Fla. 1st DCA· 1961-05-11 ·cited 9×
  The Florida Court of Appeal reconsiders its prior ruling on appeal procedure for contempt of court judgments, correcting its earlier determination that civil contempt arising from violation of an injunction in a private civil action must follow criminal appellate procedures. The
• Newsom v. Smyth
  261 F.2d 452· 4th Cir.· 1958-12-05 ·cited 9×
  The court held that a state prisoner's habeas corpus appeal, raising issues previously litigated and resolved in state courts, could be dismissed for want of a certificate of probable cause.
• Lynch v. Hershey
  208 F.2d 523· D.C. Cir.· 1953-12-03 ·cited 9×
  The court held that the threat of criminal prosecution for failing to report for induction does not constitute unlawful restraint of liberty sufficient to support a writ of habeas corpus.
• Ex parte: Frank Stoddard
  160 Fla. 188· Fla.· 1948-02-24 ·cited 9×
  The court held that the petitioner failed to demonstrate the unconstitutionality of the statute under which he was charged, and therefore, the trial court's order remanding him to custody was correct.
• Miller v. United States
  142 F.2d 249· 6th Cir.· 1944-04-18 ·cited 9×
  The court held that the appeal was untimely and the proper procedure for the appellant to pursue is a petition for a writ of habeas corpus.
• Armstrong v. Couch
  130 Fla. 615· Fla.· 1938-01-14 ·cited 9×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that informations filed by a State Attorney from the Eighth Judicial Circuit in Volusia County (Seventh Circuit) were null and void because the Governor's executive order authorizing him to act had expired by the time the informations were filed, as
• Housh v. Anderson
  128 Fla. 713· Fla.· 1937-06-28 ·cited 9×·via Habeas Corpus Review
  This case reviews a habeas corpus proceeding where the petitioner argued his conviction for selling intoxicating liquor was void due to a deficient affidavit. The court affirmed the lower court's decision, finding the ordinance under which he was convicted was validly revived and
• Jones v. King
  120 Fla. 87· Fla.· 1935-06-14 ·cited 9×·via Habeas Corpus Proceedings
  In this habeas corpus proceeding, the Florida Supreme Court held that a circuit judge must issue a writ of habeas corpus in response to a petition challenging a criminal contempt adjudication, rather than summarily denying it. The Court reversed the lower court's refusal to issue
• Chapman v. Parrish
  114 Fla. 612· Fla.· 1934-04-26 ·cited 9×·via Habeas Corpus Proceedings
  In this habeas corpus proceeding, the Florida Supreme Court reversed the discharge of T. J. Parrish from custody, holding that although his sentencing judgment contained formal defects in adjudicating guilt, the recital that he 'stands convicted' constitutes a sufficient attempte
• Cooper v. Lipscomb
  97 Fla. 668· Fla.· 1929-04-30 ·cited 9×·via Habeas Corpus Proceedings
  This case involves a petitioner seeking release via habeas corpus, arguing the statute under which he was arrested was unconstitutional. The court reversed the lower court's decision, finding the affidavit and warrant fatally defective for failing to allege a criminal offense, th
• Heath v. State of Fla. & Ronald Palmer Heath v. Sec'y
  426 So. 3d 1253· Fla.· 2026-02-03 ·cited 8×
  Ronald Palmer Heath, sentenced to death for a 1989 murder, challenged his death sentence and execution through a second successive motion for postconviction relief and a habeas petition after his death warrant was signed. The Florida Supreme Court affirmed the circuit court's rej
• Clements v. State
  59 F.4th 1204· 11th Cir.· 2023-02-09 ·cited 8×·via Federal Habeas Corpus
  Louis Matthew Clements appealed the dismissal of his federal habeas corpus petition, arguing that Florida's lifetime sex offender registration and reporting requirements placed him "in custody" within the meaning of 28 U.S.C. § 2254(a), thereby granting federal courts jurisdictio
• Holmes v. State
  245 So. 3d 857· Fla. 3d DCA· 2018-01-24 ·cited 8×
  A life sentence does not constitute an unconstitutionally indefinite term of imprisonment under Article I, Section 17 of the Florida Constitution.
• Ellerbee v. State
  232 So. 3d 909· Fla.· 2017-12-21 ·cited 8×
  Terry Marvin Ellerbee, Jr. was convicted of first-degree murder and sentenced to death. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion challenging his guilt-phase conviction but granted a new penalty phase proceeding due to unconstitutional
• Serrano v. State
  225 So. 3d 737· Fla.· 2017-05-11 ·cited 8×
  Nelson Serrano was convicted of four first-degree murders and sentenced to death. The Florida Supreme Court affirmed his convictions and sentences on direct appeal. On postconviction review, the Court rejected Serrano's guilt-phase claims but vacated his death sentences under Hur
• Gerhard Hojan v. State
  212 So. 3d 982· Fla.· 2017-01-31 ·cited 8×
  Gerhard Hojan was convicted of two counts of first-degree murder and sentenced to death. The Florida Supreme Court affirmed his convictions and initially affirmed his sentences, but upon application of the U.S. Supreme Court's Hurst v. Florida decision, vacated the death sentence
• Clark v. Crews
  159 So. 3d 122· Fla.· 2014-11-20 ·cited 8×
  The court held that the petitioner's habeas corpus petition was frivolous and sanctions are warranted due to his excessive meritless filings.
• Skinner v. State
  137 So. 3d 1164· Fla. 3d DCA· 2014-04-09 ·cited 8×·via Habeas Corpus Relief
  The court held that appellate counsel's failure to raise a fundamental error regarding a jury instruction constituted ineffective assistance, warranting a new trial on those counts.
• Farr v. State
  124 So. 3d 766· Fla.· 2012-11-29 ·cited 8×
  Victor Marcus Farr challenges his death sentence conviction by appealing the trial court's denial of his Rule 3.851 motion for post-conviction relief and filing a habeas corpus petition. The Florida Supreme Court affirms the denial of post-conviction relief and denies the habeas
• Kormondy v. Sec'y, Fla. Dep't OF Corr.
  688 F.3d 1244· 11th Cir.· 2012-07-31 ·cited 8×·via Habeas Corpus Review
  Johnny Shane Kormondy, a Florida death row inmate convicted of murder during a 1994 trial, appealed the district court's denial of his habeas corpus petition. The case involved two penalty phases: the original 1994 proceeding, which resulted in a death sentence, and a 1999 resent
• S.M. v. State of Fla. & Dep't OF Juv. Just.
  91 So. 3d 175· Fla. 4th DCA· 2012-05-25 ·cited 8×
  S.M., a juvenile, petitioned for habeas corpus relief challenging a home detention order pending a violation of probation hearing. The Fourth District Court of Appeal granted the petition, holding that Florida law does not permit home detention without a qualifying risk assessmen
• Alfio Gentile v. State
  87 So. 3d 55· Fla. 4th DCA· 2012-04-18 ·cited 8×
  Alfio Gentile, convicted of attempted first-degree murder for bludgeoning his wife with a hammer, filed a habeas corpus petition raising the same meritless claim he had repeatedly asserted in prior filings—that his conviction should not have been reclassified as a life felony bec
• Donat Simeus v. Rambosk
  100 So. 3d 2· Fla. 2d DCA· 2011-08-10 ·cited 8×
  Donat Simeus petitioned for a writ of habeas corpus challenging the revocation of his pretrial release and pretrial detention ordered by the trial court. The Florida Second District Court of Appeal granted the petition, holding that the trial court's reliance on an unsworn supple
• Buss v. Reichman
  53 So. 3d 339· Fla. 4th DCA· 2011-01-12 ·cited 8×
  The Florida Fourth District Court of Appeal reversed a habeas corpus order granting a prisoner's immediate release, holding that the prisoner's challenge to the execution order of his consecutive state and federal sentences was procedurally barred because it had already been deci
• Benny Rosa v. State
  21 So. 3d 115· Fla. 5th DCA· 2009-10-29 ·cited 8×·via Habeas Corpus Relief
  The court held that a criminal defendant charged with a capital offense or an offense punishable by life imprisonment, even if proof of guilt is evident, must be afforded a full bond hearing.