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

• Archer v. Adm'r, Fla. State Hosp.
  622 So. 2d 107· Fla. 1st DCA· 1993-07-28 ·cited 7×
  Sharon Archer challenged her involuntary commitment to Florida State Hospital but filed her notice of appeal untimely. The First District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that while habeas corpus may be available in limited civil contexts lik
• Swanson v. Allison
  617 So. 2d 1100· Fla. 5th DCA· 1993-04-26 ·cited 7×
  Dave Swanson was arrested for domestic violence battery and detained at first appearance pending a domestic violence investigation. The court granted his habeas corpus petition, holding that absent statutory authority, judges cannot deny pre-trial release to those charged with si
• Dodson v. Colonel Gordon N. Zelez
  917 F.2d 1250· 10th Cir.· 1990-10-23 ·cited 7×·via Habeas Corpus Review
  The court held that while a two-thirds vote is sufficient for conviction, a three-fourths vote is required for a life sentence, even if mandatory, based on the Manual for Courts-Martial.
• Bishop v. Ira D. Kelso
  914 F.2d 1468· 11th Cir.· 1990-10-15 ·cited 7×·via Federal Habeas Corpus
  The court held that the evidence, though minimal, was sufficient to support a finding of proximate cause for the victim's death beyond a reasonable doubt under the Jackson standard for federal habeas review.
• Feldman v. Perrill
  902 F.2d 1445· 9th Cir.· 1990-05-11 ·cited 7×·via Federal Habeas Corpus
  A prisoner is 'in custody' under an expired conviction only if the conviction is currently being used to enhance a subsequent sentence, not merely if it had collateral consequences. A motion to vacate a sentence based on reliance on an invalid conviction requires proof of relianc
• Kuldip Singh Mundi v. State
  556 So. 2d 480· Fla. 3d DCA· 1990-02-01 ·cited 7×
  The court granted the petition for a writ of habeas corpus, directing the State to release the petitioner from state custody.
• Humphrey v. United States
  888 F.2d 1546· 11th Cir.· 1989-11-27 ·cited 7×·via Habeas Corpus Relief
  The court affirmed the denial of relief on double jeopardy and prosecutorial vindictiveness claims but vacated the denial of the falsified evidence claim, remanding for an evidentiary hearing.
• Palmariello v. Superintendent OF M.C.I. Norfolk
  873 F.2d 491· 1st Cir.· 1989-05-03 ·cited 7×·via Habeas Corpus Review
  The court affirmed the denial of habeas corpus relief, finding that the petitioner failed to demonstrate constitutional error in his state court conviction.
• Fuller v. Diesslin
  868 F.2d 604· 3d Cir.· 1989-02-24 ·cited 7×·via Habeas Corpus Review
  The Third Circuit held that an arbitrary denial of a defendant's Sixth Amendment right to counsel of choice, including the right to pro hac vice counsel, requires per se reversal.
• McDOWELL v. Dixon
  858 F.2d 945· 4th Cir.· 1988-10-03 ·cited 7×
  The court held that the nondisclosure of exculpatory evidence by the prosecutor denied the defendant due process of law, requiring reversal of his conviction.
• Nollie Lee Martin v. Dugger
  515 So. 2d 185· Fla.· 1987-10-28 ·cited 7×
  Nollie Martin, under a death warrant, petitioned for habeas corpus relief and challenged the trial court's dismissal of his motion for a competency-to-be-executed determination. The Florida Supreme Court held that Martin had not waived his competency claim, that the procedures un
• Diggs v. Dep't OF Corr.
  503 So. 2d 412· Fla. 1st DCA· 1987-02-27 ·cited 7×
  The court held that the Department of Corrections failed to properly apply jail time credit to the petitioner's concurrent sentences, resulting in his continued illegal incarceration.
• Griffin v. State
  447 So. 2d 875· Fla.· 1984-03-16 ·cited 7×
  Kenneth Griffin, sentenced to death on two counts of first-degree murder, appealed a circuit court's denial of his post-conviction relief motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial, finding that Griffin failed to demonstrate constitut
• Thompson v. Louie L. Wainwright
  447 So. 2d 383· Fla. 4th DCA· 1984-03-14 ·cited 7×
  Thompson was convicted of violating his probation and sought belated appellate review through habeas corpus. The court affirmed the denial of his ineffective assistance of counsel claim but reversed on the issue of jail-time credit, finding he was entitled to credit for time serv
• Lobo v. Fla. Parole & Prob. Comm'n
  433 So. 2d 622· Fla. 4th DCA· 1983-06-22 ·cited 7×
  The application of more stringent parole guidelines adopted after the commission of the crime violates the ex post facto clause of the Florida and U.S. Constitutions.
• Hall v. Wainwright
  565 F. Supp. 1222· M.D. Fla.· 1983-05-18 ·cited 7×·via Federal Habeas Corpus
  The court held that certain claims were procedurally defaulted and precluded from federal habeas review absent a showing of cause and prejudice, which the petitioner failed to demonstrate. Other claims were either exhausted or could be considered on their merits.
• Sawyer v. Louie L. Wainwright and G. Strickland
  422 So. 2d 1027· Fla. 1st DCA· 1982-11-30 ·cited 7×
  The court held that it cannot rule on motions seeking relief unrelated to the original petition and that the petitioner failed to exhaust administrative remedies.
• Wilcox v. Honorable Edward Miller
  691 F.2d 739· 5th Cir.· 1982-11-15 ·cited 7×·via Habeas Corpus Relief
  The court held that the district court should have dismissed the plaintiff's civil rights complaint without reaching the merits because the plaintiff's criminal conviction was still pending on appeal in state court.
• Guice v. Fortenberry
  633 F.2d 699· 5th Cir.· 1980-12-29 ·cited 7×
  This case involves a dissenting opinion arguing that the majority rewrites a statute to avoid a constitutional issue concerning the reclassification of agricultural land for tax purposes.
• Bagley v. Brierton
  362 So. 2d 1048· Fla. 1st DCA· 1978-10-05 ·cited 7×
  The court held that allegations regarding disciplinary proceedings, if true, warrant a hearing, while allegations regarding medical care were insufficient to establish entitlement to relief.
• Arnold v. Louie L. Wainwright
  516 F.2d 964· 5th Cir.· 1975-08-04 ·cited 7×·via Federal Habeas Corpus
  Failure to timely challenge jury composition under state procedural rules constitutes a waiver of the right to federal habeas corpus relief, absent a showing of cause for the failure or actual prejudice.
• State of Fla. ex rel. Fla. Parole & Prob. Comm'n & Raymond D. Massey v. Helton
  313 So. 2d 413· Fla. 1st DCA· 1975-06-03 ·cited 7×
  Florida's parole authority revoked Helton's parole based on his arrest for receiving stolen property, but he was later acquitted by jury trial. The court held that a subsequent criminal acquittal does not bar parole revocation, as revocation proceedings are civil in nature and re
• Flicker v. The Honorable Edwin Duff, II
  290 So. 2d 129· Fla. 1st DCA· 1974-02-14 ·cited 7×
  Arnold Flicker petitioned for a writ of habeas corpus seeking bail pending trial for first-degree murder. The Florida District Court of Appeal denied the petition because Flicker failed to provide a record or affidavits supporting his allegations, and instead relied on bare asser
• Lane v. Henderson
  480 F.2d 544· 5th Cir.· 1973-06-06 ·cited 7×·via Habeas Corpus Relief
  The court held that the state court's evidentiary hearing was not full and fair, requiring a remand for further proceedings.
• Dillard v. Smith
  430 F.2d 1294· 5th Cir.· 1970-07-28 ·cited 7×
  The court held that a knowingly and understandingly made guilty plea waives all non-jurisdictional defenses, and affirmed the denial of the habeas corpus petition.
• Berriel v. State
  233 So. 2d 163· Fla. 4th DCA· 1970-03-13 ·cited 7×·via Habeas Corpus Review
  Daniel Berriel challenged his robbery conviction and life sentence through a habeas corpus petition after his court-appointed counsel failed to prosecute his direct appeal. The Fourth District Court of Appeal reviewed his claims and rejected both his argument that denying a conti
• Holstein v. State
  205 So. 2d 6· Fla. 1st DCA· 1967-12-19 ·cited 7×·via Federal Habeas Corpus
  Gary Holstein, a prisoner serving multiple consecutive sentences imposed by different courts, sought to collaterally attack a sentence not yet being served under Criminal Procedure Rule I. The Florida District Court of Appeal affirmed that Rule I requires a petitioner to be in cu
• Donovan Edward Ruby v. United States & the Sec'y of the United States Navy
  341 F.2d 585· 9th Cir.· 1965-02-12 ·cited 7×
  The court held that a petition for a writ of habeas corpus cannot be treated as an ordinary civil action for judicial review of agency action.
• Martens v. State
  100 So. 2d 440· Fla. 3d DCA· 1958-02-11 ·cited 7×·via Habeas Corpus Proceedings
  This case involves a dispute over a minor child's custody between the father and the paternal grandfather. The appellate court affirmed the father's custody but remanded the case to allow the trial court to consider visitation rights for the grandfather.
• Snell v. Mayo
  80 So. 2d 330· Fla.· 1955-04-22 ·cited 7×·via Habeas Corpus Proceedings
  In this habeas corpus appeal, the Florida Supreme Court held that appeals from habeas corpus orders seeking release from criminal custody must follow the criminal appeal timeline rules rather than civil procedure rules. The court denied the appellee's motion to dismiss based on a
• McINTOSH ex rel. McINTOSH v. Steele
  184 F.2d 723· 8th Cir.· 1950-10-24 ·cited 7×
  The court held that the father's argument regarding the invalidity of the statutes under the Christoffel doctrine was without merit.
• Buchanan v. Chapman
  108 Fla. 280· Fla.· 1933-02-14 ·cited 7×·via Habeas Corpus Proceedings
  Buchanan challenged the validity of Florida's electrocution statute and his death sentence in a habeas corpus proceeding. The Florida Supreme Court upheld the statute and affirmed the judgment remanding him for execution, holding that the duty to execute death sentences devolves
• Estela Mabel Argueta Romero v. Sec'y, U.S. Dep't of Homeland Sec.
  20 F.4th 1374· 11th Cir.· 2021-12-20 ·cited 6×·via Habeas Corpus Relief
  The court held that an alien's departure from the U.S. before a deportation order is issued does not constitute 'self-execution' of that order under 8 U.S.C. § 1101(g). Therefore, the prior order remains effective for subsequent removal proceedings.
• Peoples v. State
  260 So. 3d 365· Fla. 3d DCA· 2018-11-14 ·cited 6×
  A circuit court lacks jurisdiction to deny a habeas corpus petition attacking the validity of a conviction imposed by another circuit court and must dismiss without prejudice or transfer the petition to the court having jurisdiction.
• Booker v. State
  252 So. 3d 723· Fla.· 2018-08-30 ·cited 6×
  The court held that a prior denial of a habeas corpus petition serves as a procedural bar to the current claims.
• Casiano v. Scott
  241 So. 3d 219· Fla. 2d DCA· 2018-02-14 ·cited 6×
  Marcos Casiano challenges his pretrial detention pending a hearing to inquire into the source of funds used to post bail, known as a 'Nebbia hold.' The court grants his habeas corpus petition, holding that Florida law does not authorize courts to detain accused persons pending a
• Gregory v. State
  224 So. 3d 719· Fla.· 2017-08-31 ·cited 6×
  The Florida Supreme Court affirmed the denial of postconviction relief regarding the guilt phase of Gregory's capital murder conviction but reversed his death sentences due to the jury's nonunanimous 7-5 recommendation of death violating the Sixth Amendment requirements establish
• Card v. Jones
  219 So. 3d 47· Fla.· 2017-05-04 ·cited 6×
  The Florida Supreme Court granted James Card's habeas corpus petition under Hurst v. Florida, which requires jury unanimity on factual findings necessary for capital punishment. Because Card's penalty phase jury voted 11-1 for death rather than unanimously, the court vacated his
• Ibar v. State
  190 So. 3d 1012· Fla.· 2016-02-04 ·cited 6×
  Pablo Ibar challenges his death sentence conviction for three first-degree murders, arguing his trial counsel provided ineffective assistance by failing to present a facial identification expert to challenge the prosecution's video evidence despite knowing such testimony was crit
• Whitton v. State
  161 So. 3d 314· Fla.· 2014-10-09 ·cited 6×
  Gary Richard Whitton appeals the denial of his Rule 3.851 motion to vacate his conviction for first-degree murder and death sentence in connection with the 1990 murder of James Mauldin. The Florida Supreme Court affirms the postconviction court's denial of relief on all Brady/Gig
• B.R. v. State
  145 So. 3d 196· Fla. 2d DCA· 2014-08-15 ·cited 6×
  The court held that section 985.26(3) allows fifteen days of secure detention after adjudication, and section 985.26(5) is a narrow exception for evaluations, not a general limit based on pre-adjudication detention status.
• Edwards v. Crews
  124 So. 3d 422· Fla. 1st DCA· 2013-10-25 ·cited 6×
  Warren Lee Edwards sought a writ of habeas corpus claiming entitlement to immediate release based on deficient pre-arrest probable cause and improper acceptance into custody. The Florida appellate court affirmed the dismissal of his petition, holding that probable cause challenge
• Mendenhall v. State
  82 So. 3d 1153· Fla. 5th DCA· 2012-03-09 ·cited 6×
  The court held that appellate counsel was ineffective for failing to argue an erroneous jury instruction on attempted manslaughter, which constituted fundamental error.
• Maxwell v. State
  69 So. 3d 1122· Fla. 3d DCA· 2011-09-28 ·cited 6×·via Habeas Corpus Relief
• Williams v. State
  59 So. 3d 387· Fla. 4th DCA· 2011-05-05 ·cited 6×
  Robert Williams petitioned for habeas corpus challenging his pretrial detention following a failure to appear for calendar call in a failure-to-redeliver case. The Fourth District Court of Appeal granted the petition because the trial court failed to make required findings that d
• Jefferson v. Upton
  11th Cir.· 2010-05-24 ·cited 6×·via Federal Habeas Corpus
  The Court of Appeals did not err in its application of 28 U.S.C. § 2254(d) and the issue decided by the Supreme Court was not raised by the parties below.
• Hernandez v. State
  990 So. 2d 1116· Fla. 3d DCA· 2008-07-23 ·cited 6×
  Alberto Hernandez petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel, alleging he was denied his constitutional right to a twelve-member jury because only eleven jurors were polled after the verdict. The Florida District Court of Appeal, T
• Creech v. Ryan
  972 So. 2d 1021· Fla. 3d DCA· 2008-01-10 ·cited 6×
  Arthur Lee Creech petitioned for habeas corpus relief, challenging his $1,000,000 bond as excessive and illegal. The court granted the petition, finding the trial court lacked good cause to modify the bond and acted without notice to the defendant, and ordered reinstatement of th
• Davis v. State
  943 So. 2d 975· Fla. 5th DCA· 2006-12-08 ·cited 6×
  Marvin Davis, an incarcerated pro se petitioner, sought a writ of habeas corpus claiming he was entitled to immediate release because the Department of Corrections incorrectly calculated his release date. The Florida Fifth District Court of Appeal denied the petition, holding tha
• Coney v. State
  937 So. 2d 255· Fla. 3d DCA· 2006-09-06 ·cited 6×
  Antonio Coney petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to challenge the timeliness of an amended probation violation affidavit filed on the hearing date. The Third District Court of Appeal denied the petition, finding