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

• Fleish v. Swope
  226 F.2d 310· 9th Cir.· 1955-10-17 ·cited 8×
  The court held that the habeas corpus petition was without merit because the judgment sufficiently imposed consecutive sentences for a total of 30 years.
• Nicolaos Hatzistavrou v. Brownell
  225 F.2d 26· D.C. Cir.· 1955-06-16 ·cited 8×·via Habeas Corpus Review
  The court held that an alien is entitled to judicial review of a deportation order beyond habeas corpus, and the Administrative Procedure Act provides an appropriate remedy.
• Halldora Kristin Sigurdson v. Landon
  215 F.2d 791· 9th Cir.· 1954-09-07 ·cited 8×·via Habeas Corpus Review
  The court held that the administrative proceedings and deportation order were not so fundamentally unfair or lacking in evidence as to warrant habeas corpus relief.
• City of Miami Beach v. Traina
  73 So. 2d 860· Fla.· 1954-07-20 ·cited 8×·via Habeas Corpus Proceedings
  The Florida Supreme Court affirmed a mandamus order requiring the City of Miami Beach to issue a retail vendor's liquor license for a Service Bar restaurant. The Court held that special legislative acts granted the City authority to regulate the method of sale of alcoholic bevera
• Savoretti v. United States ex rel. Pincus
  214 F.2d 314· 5th Cir.· 1954-06-28 ·cited 8×
  The court held that the petitioner's unintentional return to the United States from foreign waters did not constitute an 'entry' under the Immigration Act of 1917, rendering the deportation order based on a false claim of citizenship upon that return invalid.
• State v. Williams
  73 So. 2d 295· Fla.· 1954-06-18 ·cited 8×
  James Williams, arrested for unarmed robbery and held in jail awaiting trial, sought habeas corpus relief arguing he had been detained without trial for more than three full court terms in violation of Florida law. The Florida Supreme Court reversed the discharge order, holding t
• Hill v. United States
  206 F.2d 204· 6th Cir.· 1953-07-07 ·cited 8×·via Habeas Corpus Proceedings
  A motion to correct or vacate a sentence under Federal Rule of Criminal Procedure 35 or 28 U.S.C. § 2255 is inapplicable when the appellant has not been sentenced for a criminal offense.
• United States ex rel. Nukk v. Dist. Dir. of Immigr. & Naturalization at Port of N.Y.
  205 F.2d 242· 2d Cir.· 1953-06-17 ·cited 8×·via Habeas Corpus Proceedings
  The court held that the alien failed to meet the burden of proof to show unlawful detention, and thus the Attorney General's discretion to detain without bail was upheld.
• United States ex rel. Giese v. Chamberlin
  184 F.2d 404· 7th Cir.· 1950-10-05 ·cited 8×
  The court held that a federal court cannot grant a writ of habeas corpus to a military member until all available military appellate remedies have been exhausted.
• Rowland v. State of Ark.
  179 F.2d 709· 8th Cir.· 1950-02-02 ·cited 8×
  A person out on bond, not in actual custody, is not entitled to a writ of habeas corpus.
• United States ex rel. Johnson v. Watkins
  170 F.2d 1009· 2d Cir.· 1948-11-29 ·cited 8×
  The dissenting judge would reverse the order and sustain the writ of habeas corpus due to an inadequate medical certificate and the Board of Medical Officers' failure to comply with regulations.
• Washington v. Smyth
  167 F.2d 658· 4th Cir.· 1948-04-08 ·cited 8×
  Federal courts require exhaustion of state remedies before issuing a writ of habeas corpus, and Virginia provides adequate state remedies.
• Singleton v. Clemmer
  166 F.2d 963· D.C. Cir.· 1948-03-01 ·cited 8×
  A district court's refusal to accept a nolo contendere plea under Rule 20 is not a denial of due process, as Rule 11 consent is still required.
• Allen v. United States
  162 F.2d 193· 6th Cir.· 1947-06-09 ·cited 8×
  The court held that the petition should be treated as a writ of error coram nobis, not habeas corpus, and remanded for a hearing on the defendant's alleged insanity at the time of his guilty plea.
• Sanders v. Johnston
  159 F.2d 74· 9th Cir.· 1947-01-07 ·cited 8×
  The court held that the inmate's complaint was properly dismissed for failing to state facts sufficient to entitle him to relief regarding mail restrictions.
• Wood v. Howard
  157 F.2d 807· 7th Cir.· 1946-11-14 ·cited 8×
  The court held that the petitioner knowingly and intelligently waived his right to counsel and a jury trial, and thus his due process rights were not violated.
• Fiedler v. Shuttleworth
  153 F.2d 999· 6th Cir.· 1946-03-11 ·cited 8×
  The court held that a writ of habeas corpus cannot be used to review alleged mistakes of law or fact that occurred during a conviction, especially when the defendant pleaded guilty and was represented by counsel.
• REA v. McDONALD
  153 F.2d 190· 5th Cir.· 1946-01-12 ·cited 8×·via Habeas Corpus Review
  A writ of habeas corpus cannot be used to review alleged errors in a draft board's classification or a trial court's rulings during a prosecution for refusing induction.
• People of the United States Ex rel. Reno v. Ragen
  151 F.2d 447· 7th Cir.· 1945-10-24 ·cited 8×
  The court held that the State of Illinois had the right to return the petitioner involuntarily to serve his sentence.
• Mason v. Webb
  142 F.2d 584· 9th Cir.· 1944-04-14 ·cited 8×
  A federal court should not entertain a habeas corpus petition from a state prisoner unless all state remedies, including appellate remedies, have been exhausted, and the case presents exceptional circumstances of peculiar urgency.
• Slaughter v. Wright
  135 F.2d 613· 4th Cir.· 1943-05-07 ·cited 8×
  The court held that the district judge did not abuse his discretion in denying a writ of habeas corpus without a hearing, as the petition itself did not demonstrate entitlement to the writ.
• State v. Mayo
  113 Fla. 746· Fla.· 1934-01-15 ·cited 8×·via Habeas Corpus Proceedings
  This habeas corpus case examines the legality of a five-year prison sentence for pleading guilty to "assault with intent to commit manslaughter." The court determined the sentence was legal under state statutes governing assaults with intent to commit felonies.
• Futch v. State
  101 Fla. 328· Fla.· 1931-04-25 ·cited 8×·via Habeas Corpus Proceedings
  L. M. Futch, Jr. was convicted of unlawfully withholding support from his minor children and sentenced to a fine or six months imprisonment, with the sentence suspended upon giving a bond conditioned on monthly child support payments of $40. On habeas corpus, Futch challenged the
• Goff v. Rickerson
  61 Fla. 29· Fla.· 1911-01-01 ·cited 8×·via Habeas Corpus Proceedings
  J. L. Goff challenged his felony conviction in habeas corpus proceedings by arguing that the Criminal Court of Record for Suwannee County was established by an unconstitutional act due to improper legislative journal entries. The Florida Supreme Court affirmed the validity of the
• Patterson v. Isham Taylor as Jailer
  51 Fla. 275· Fla.· 1906-01-01 ·cited 8×·via Habeas Corpus Proceedings
  Andrew Patterson challenged his detention under a Jacksonville city ordinance requiring racial segregation on streetcars. The Florida Supreme Court upheld the ordinance as a valid exercise of the city's police powers under its charter and rejected Patterson's equal protection cha
• Barton A. Thrasher v. State
  26 Fla. 526· Fla.· 1890-06-01 ·cited 8×·via Habeas Corpus Proceedings
  Barton Thrasher sought a writ of error to challenge the Circuit Court's denial of bail in a murder prosecution. The Florida Supreme Court affirmed the denial, establishing that bail should be refused in capital cases only when the evidence is sufficiently strong that a judge woul
• Hodges v. State
  327 So. 3d 923· Fla. 3d DCA· 2021-09-29 ·cited 7×
  Brian Hodges petitions for writs of prohibition and habeas corpus challenging a pretrial detention order and judicial disqualification. The Third District Court of Appeal affirms the trial court's pretrial detention order, finding that the charges of boating under the influence m
• Sanchez-Torres v. State
  322 So. 3d 15· Fla.· 2021-05-13 ·cited 7×
  Hector Sanchez-Torres, who was sentenced to death for armed robbery and first-degree murder, challenged the denial of his post-conviction motion to vacate his conviction and death sentence and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower co
• Morris v. Sec'y, Fla. Dep't of Corr.
  991 F.3d 1351· 11th Cir.· 2021-03-25 ·cited 7×·via Federal Habeas Corpus
  The Eleventh Circuit held that the petitioner's amended state post-conviction motion related back to his initial filing, tolling the AEDPA statute of limitations. Therefore, his federal habeas petition was timely.
• Yancey Charles Lightner v. State
  2009 WL 2196051· Fla. 3d DCA· 2020-08-05 ·cited 7×
  The court granted the State's motion to dismiss a pro se habeas corpus petition. The dismissal was based on two grounds: the petitioner was simultaneously represented by counsel in another pending appeal, and the petition's claim of manifest injustice lacked merit.
• Smart v. State
  Fla. 1st DCA· 2019-11-08 ·cited 7×
• Johnson v. State
  2017 WL 1908372· Fla. 3d DCA· 2019-01-23 ·cited 7×
  A habeas corpus petitioner cannot relitigate arguments already raised and rejected in prior petitions, and the court may issue an order to show cause regarding restrictions on successive pro se filings.
• Marshall v. State
  240 So. 3d 111· Fla. 3d DCA· 2018-02-28 ·cited 7×
  The erroneous manslaughter by act jury instruction given at trial constituted fundamental error even though the culpable negligence instruction was also given, because the evidence supported manslaughter by act but not culpable negligence and the defendant was convicted of second
• Baker v. State
  214 So. 3d 530· Fla.· 2017-03-23 ·cited 7×
  Cornelius Baker, sentenced to death for murder and related crimes, appealed the denial of his post-conviction motion and filed a habeas corpus petition. The Florida Supreme Court reversed the trial court's denial of post-conviction relief regarding the constitutionality of the pe
• State v. Dougan
  202 So. 3d 363· Fla.· 2016-10-20 ·cited 7×
  The Florida Supreme Court affirmed a postconviction court's grant of a new trial for Jacob John Dougan, Jr., who was convicted of a racially motivated 1974 murder and sentenced to death. The court found that the conviction was tainted by a Giglio violation involving false testimo
• Hernandez v. State
  180 So. 3d 978· Fla.· 2015-09-17 ·cited 7×
  Michael Hernandez appealed the denial of his Rule 3.851 motion to vacate his first-degree murder conviction and death sentence, alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the circuit court's denial of postconviction relief a
• Mehaffie v. John Rutherford as Sheriff of Duval Cnty.
  143 So. 3d 432· Fla. 1st DCA· 2014-07-16 ·cited 7×
  The dissenting justice would grant the petition for writ of habeas corpus, finding the bond amount set by the trial court to be excessive.
• Paolercio v. State
  129 So. 3d 1174· Fla. 5th DCA· 2014-01-10 ·cited 7×
  Petitioner Alfonso Paolercio, found incompetent to proceed and unlikely to regain competency, was detained in jail without bond after committing a new offense while on pretrial release. The Fifth District Court of Appeal held that section 903.0471 does not authorize detention of
• Hernandez-Alberto v. State
  126 So. 3d 193· Fla.· 2013-07-03 ·cited 7×
  Pedro Hernandez-Alberto was convicted of murdering his stepdaughters and sentenced to death. On postconviction appeal, he challenged the dismissal of his unverified postconviction motion and the trial court's competency findings. The Florida Supreme Court affirmed the dismissal a
• Williams v. State
  106 So. 3d 964· Fla. 3d DCA· 2013-01-30 ·cited 7×
  Donald Williams sought a writ of habeas corpus challenging his convictions for armed burglary, armed robbery, armed kidnapping, aggravated battery, and felon in possession of a firearm, arguing that two aggravated battery convictions violated double jeopardy. The Florida Third Di
• Melvee Wanel Tucker v. State
  78 So. 3d 36· Fla. 3d DCA· 2012-01-06 ·cited 7×
  A trial court lacks authority to vacate a sentence that has already been served, even if the sentence was illegal or invalid.
• Douglas v. State
  141 So. 3d 107· Fla.· 2012-01-05 ·cited 7×
  Luther Douglas was convicted of the 1999 sexual battery and first-degree murder of Mary Ann Hobgood and sentenced to death. On postconviction review, the Florida Supreme Court found that trial counsel rendered deficient performance by failing to investigate and present mental hea
• Bishop v. Sheldon
  68 So. 3d 259· Fla. 2d DCA· 2010-12-01 ·cited 7×
  William Bishop, a sexually violent predator committed under Florida's Jimmy Ryce Act, petitioned for habeas corpus release, arguing he was not in lawful custody when commitment proceedings were initiated because his resentenced sentence had expired. The appellate court held that
• Rayvon L. Boatman v. State
  39 So. 3d 391· Fla. 1st DCA· 2010-06-22 ·cited 7×
  Rayvon Boatman appealed his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing the trial court violated the statutory 30-day deadline for trial by granting the state an improper continuance. The court affirmed the commitment but held that Boat
• Bixler v. State
  971 So. 2d 934· Fla. 2d DCA· 2007-12-21 ·cited 7×
  Monte Bixler appealed the summary dismissal of his habeas corpus petition challenging his 1980 capital sexual battery conviction and life sentence. The court affirmed dismissal, holding that habeas relief was unavailable because adequate procedural mechanisms existed through Rule
• Sumler v. State
  958 So. 2d 1001· Fla. 1st DCA· 2007-05-25 ·cited 7×
  Sumler appeals a circuit court order denying his Motion for Relief from Order and holding he had no right to pursue a direct appeal from the denial of his habeas corpus petition. The court reverses, holding that orders denying habeas petitions are reviewable by direct appeal to t
• Hadi v. Cordero
  955 So. 2d 17· Fla. 3d DCA· 2006-12-06 ·cited 7×
  The Florida Department of Children and Families (DCF) challenged trial court orders granting mandamus petitions requiring it to transfer three mentally incompetent defendants from county jail to appropriate forensic facilities. The appellate court upheld the mandamus orders, hold
• Ford v. Campbell
  697 So. 2d 1301· Fla. 1st DCA· 1997-08-19 ·cited 7×
  A defendant is not entitled to release on recognizance if they file their motion for release after the expiration of the time limit set by rule, even if the state eventually files an information before the hearing on the motion.
• Tefel v. Reno
  972 F. Supp. 623· S.D. Fla.· 1997-06-24 ·cited 7×
  The court held that it had jurisdiction to consider the class action complaint and granted a temporary restraining order, finding that the plaintiffs had established a substantial likelihood of success on the merits, irreparable harm, and that the injunction would serve the publi
• Tausha L. Wilson v. State
  669 So. 2d 312· Fla. 5th DCA· 1996-03-08 ·cited 7×
  Petitioner sought habeas corpus relief challenging her custody commitment after bail revocation for failure to appear at trial. The court granted relief, finding the trial judge abused discretion by committing petitioner to custody without determining whether her failure to appea