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

• Lawrence v. State
  831 So. 2d 121· Fla.· 2002-10-17 ·cited 70×
  Gary Lawrence, a death row inmate, appeals the denial of his Rule 3.850 postconviction motion and habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding that Lawrence's claims of ineffective assistance of counsel and appellate couns
• McCRAY v. Burrell
  516 F.2d 357· 4th Cir.· 1975-04-10 ·cited 70×·via Federal Habeas Corpus
  The court held that the appellate court cannot discard a district judge's inferences, which are part of the findings of fact. The court also discussed the evolving doctrine of exhaustion of administrative remedies in prisoner § 1983 cases.
• Blair v. The People OF the State OF Cal.
  340 F.2d 741· 9th Cir.· 1965-01-06 ·cited 70×
  A state prisoner must exhaust state remedies for issues arising from new Supreme Court decisions before seeking federal habeas corpus relief.
• Medina v. Dugger
  586 So. 2d 317· Fla.· 1991-08-22 ·cited 69×
  Pedro Medina, a death row inmate, petitioned for a writ of habeas corpus challenging his murder conviction and death sentence. The Florida Supreme Court denied the petition, finding that most issues were procedurally barred because they had been raised or could have been raised o
• Bertolotti v. Dugger
  883 F.2d 1503· 11th Cir.· 1989-08-31 ·cited 69×
  The court held that the district court did not abuse its discretion in denying an evidentiary hearing on the ineffective assistance of counsel claim, and that counsel's performance was not deficient under the Sixth Amendment.
• Lukehart v. State
  70 So. 3d 503· Fla.· 2011-06-23 ·cited 68×
  Andrew Lukehart was convicted of first-degree murder for killing a five-month-old infant and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence in this postconviction appeal and habeas petition, rejecting numerous claims of ineffective assist
• Everett v. State
  54 So. 3d 464· Fla.· 2010-10-14 ·cited 68×
  Paul Everett appeals the denial of his motion for postconviction relief and habeas corpus petition in a death penalty case for the 2001 murder, sexual battery, and burglary of Kelly M. Bailey. The Florida Supreme Court affirmed the conviction and death sentence, rejecting all cla
• Sweet v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  467 F.3d 1311· 11th Cir.· 2006-10-23 ·cited 68×·via Federal Habeas Corpus
  William Earl Sweet, convicted of first-degree murder and sentenced to death for a 1990 shooting that killed one person and wounded three others, appealed the dismissal of his federal habeas petition as untimely under the Anti-Terrorism and Effective Death Penalty Act (AEDPA). Swe
• Patton v. State
  878 So. 2d 368· Fla.· 2004-05-20 ·cited 68×
  Robert Patton appeals the trial court's denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus review following his conviction for first-degree murder and death sentence in the 1981 shooting death of a Miami police officer. The Florida Supreme C
• Johnson v. Singletary
  938 F.2d 1166· 11th Cir.· 1991-07-25 ·cited 68×·via Federal Habeas Corpus
  Marvin Edwin Johnson, a Florida death row inmate, appealed the district court's denial of his second federal habeas corpus petition challenging his death sentence for a 1978 pharmacy robbery and murder. The panel majority had concluded Johnson was entitled to an evidentiary heari
• Swafford v. Dugger
  569 So. 2d 1264· Fla.· 1990-11-14 ·cited 68×
  Roy Swafford, a death row inmate, petitioned for habeas corpus and appealed the denial of his postconviction motion, raising claims of ineffective assistance of counsel, Brady violations, improper victim impact evidence, and instructional error. The Florida Supreme Court rejected
• Peek v. Kemp
  784 F.2d 1479· 11th Cir.· 1986-03-05 ·cited 68×·via Habeas Corpus Relief
  The court held that the trial court did not commit constitutional error by failing to personally question a juror before excusing him due to illness, nor by failing to instruct the jury to begin deliberations anew after substituting an alternate juror. The court also found that t
• Anderson v. Maggio
  555 F.2d 447· 5th Cir.· 1977-07-05 ·cited 68×·via Habeas Corpus Relief
  The court held that the state trial court's admission of photographs for identification and the admission of a gun into evidence did not violate due process, and that newly discovered evidence and insufficiency of evidence are not grounds for federal habeas corpus relief unless t
• Higgins v. Louie L. Wainwright
  424 F.2d 177· 5th Cir.· 1970-03-25 ·cited 68×
  The court held that the district court properly denied the habeas corpus petition without an evidentiary hearing.
• Word v. State OF N.C.
  406 F.2d 352· 4th Cir.· 1969-01-15 ·cited 68×·via Federal Habeas Corpus
  The dissent argues that under 28 U.S.C.A. § 2241 and controlling precedent like Ahrens v. Clark, habeas corpus jurisdiction is limited to the district where the petitioner is physically present and in custody.
• Middleton v. Dugger
  849 F.2d 491· 11th Cir.· 1988-06-22 ·cited 67×·via Habeas Corpus Relief
  The court held that the petitioner received ineffective assistance of counsel at his sentencing, entitling him to a new sentencing proceeding.
• Meadows v. Lon Evans
  550 F.2d 345· 5th Cir.· 1977-04-08 ·cited 67×·via Federal Habeas Corpus
  The court held that a federal civil rights action for damages under 42 U.S.C. § 1983 cannot be used to relitigate the voluntariness of a guilty plea that has already been affirmed on direct appeal and denied on collateral attack in state court. The exhaustion requirement of 28 U.
• McCUTCHEON v. State
  44 So. 3d 156· Fla. 4th DCA· 2010-08-18 ·cited 66×
  Rodney McCutcheon, a serial postconviction filer with at least 50 cases in this court since his 1972 sexual battery conviction, appeals the denial of five consolidated postconviction motions and habeas corpus petitions challenging various convictions and the jurisdiction of state
• Cleo Douglas LeCROY v. Dugger
  727 So. 2d 236· Fla.· 1998-12-24 ·cited 66×
  Cleo LeCroy, convicted of two murders committed during a 1981 robbery and sentenced to death, appeals the denial of post-conviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for habeas corpus. The Florida Supreme Court affirms the denial of post-convicti
• Downs v. State
  572 So. 2d 895· Fla.· 1990-09-20 ·cited 66×·via Habeas Corpus Relief
  Ernest Charles Downs was convicted of first-degree murder and conspiracy in 1977 and sentenced to death. After this Court granted relief based on a substantial change in law (Hitchcock v. Dugger), Downs was resentenced in 1989, and the trial court reimposed the death sentence fol
• Johnson v. State
  536 So. 2d 1009· Fla.· 1988-12-01 ·cited 66×·via Habeas Corpus Relief
  Johnson, convicted of first-degree murder and sentenced to death in 1979, appealed the trial court's denial of his Rule 3.850 postconviction motion as untimely filed. The Florida Supreme Court affirmed the denial, holding that Johnson's motion filed in April 1988 violated the two
• Dominque v. Telb
  831 F.2d 673· 6th Cir.· 1987-10-23 ·cited 66×
  The court held that the district court erred in placing the burden on the defendant to prove entitlement to qualified immunity and in treating the legal question of whether the law was clearly established as a material issue of fact.
• Whippler v. Balkcom
  342 F.2d 388· 5th Cir.· 1965-03-03 ·cited 66×·via Federal Habeas Corpus
  A state prisoner is not required to pursue state remedies if Georgia law is settled against post-conviction review of newly raised constitutional claims.
• Douglas v. Louie L. Wainwright
  714 F.2d 1532· 11th Cir.· 1983-09-19 ·cited 65×·via Habeas Corpus Relief
  The court held that the trial court's exclusion of the general public during the testimony of the key eyewitness violated the defendant's Sixth Amendment right to a public trial, as the presence of the press alone was insufficient to satisfy the purposes of the public trial guara
• Guss Maggitt v. Wyrick
  533 F.2d 383· 8th Cir.· 1976-04-07 ·cited 64×·via Federal Habeas Corpus
  The court held that the exclusion of evidence of the decedent's prior armed robbery conviction and the prosecutor's improper closing argument did not rise to the level of constitutional error warranting federal habeas corpus relief.
• Hart v. Ira M. Coiner
  483 F.2d 136· 4th Cir.· 1973-07-13 ·cited 64×·via Habeas Corpus Relief
  The dissenting judge would reverse the denial of habeas relief based on ineffective assistance of counsel in a prior conviction used for habitual offender sentencing.
• Chavez v. Dickson
  280 F.2d 727· 9th Cir.· 1960-06-16 ·cited 64×·via Federal Habeas Corpus
  The court held that the state court's construction of California Penal Code sections did not deprive appellants of federal rights, and that the district court did not err in denying relief on most grounds, but must remand for a hearing on the accuracy of transcribed statements us
• Smith v. State
  931 So. 2d 790· Fla.· 2006-03-09 ·cited 63×
  Derrick Smith, a death-sentenced inmate, challenged his conviction and sentence through a Rule 3.850 postconviction motion and habeas petition. The Florida Supreme Court affirmed the denial of all relief, rejecting claims of Brady/Giglio violations, ineffective assistance of coun
• Fennie v. State
  855 So. 2d 597· Fla.· 2003-07-11 ·cited 63×
  Alfred Lewis Fennie challenges his death sentence for murder, kidnapping, and robbery by appealing the denial of his rule 3.850 postconviction motion and petitioning for habeas corpus relief. The Florida Supreme Court affirms the trial court's denial, rejecting claims of ineffect
• Nardell U. Carter v. McCARTHY
  806 F.2d 1373· 9th Cir.· 1986-12-23 ·cited 63×
• Moises Garcia-Mir v. Smith
  766 F.2d 1478· 11th Cir.· 1985-07-11 ·cited 63×·via Habeas Corpus Review
  The court held that the Attorney General's suspension of parole releases under the Status Review Plan was based on a facially legitimate and bona fide reason, and that the district court lacked jurisdiction to set aside exclusion orders for the entire class without individual exh
• Skinner v. Cardwell
  564 F.2d 1381· 9th Cir.· 1977-11-29 ·cited 63×
  The court held that the petitioner was not denied a fair trial, and therefore, his petition for a writ of habeas corpus was properly denied.
• Lowe v. State
  2 So. 3d 21· Fla.· 2008-11-06 ·cited 62×
  The Florida Supreme Court affirmed the trial court's denial of relief on most postconviction claims filed by Rodney Lowe, a death row inmate convicted of first-degree murder, but reversed in part by ordering a new penalty phase based on newly discovered evidence and ineffective a
• Knight v. Dugger
  863 F.2d 705· 11th Cir.· 1988-12-08 ·cited 62×·via Federal Habeas Corpus
• United States ex rel. Mylon C. Cross v. DeROBERTIS
  811 F.2d 1008· 7th Cir.· 1987-01-28 ·cited 62×·via Habeas Corpus Review
  The court held that the petitioner failed to meet his burden of proving prejudice from counsel's alleged ineffectiveness because he did not sufficiently demonstrate what favorable evidence the uncalled witnesses would have provided.
• Johnson v. Louie L. Wainwright
  498 So. 2d 938· Fla.· 1986-12-11 ·cited 62×
  Ineffective assistance of appellate counsel warrants a new trial when counsel fails to raise a clear issue of reversible error regarding jury separation after deliberations began.
• Campbell v. Louie L. Wainwright
  738 F.2d 1573· 11th Cir.· 1984-08-20 ·cited 62×
  The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the denial of an evidentiary hearing and the rejection of the petitioner's claims.
• Doyle Edward Skillern v. W.J. Estelle, Jr.
  720 F.2d 839· 5th Cir.· 1983-12-05 ·cited 62×·via Habeas Corpus Relief
  The court held that the petitioner's contentions regarding the Enmund issues, denial of an evidentiary hearing, and evidentiary error at the sentencing hearing did not warrant federal habeas relief.
• Jordan v. Watkins
  681 F.2d 1067· 5th Cir.· 1982-08-06 ·cited 62×·via Habeas Corpus Relief
  The court held that the sentencing procedure violated constitutional requirements by failing to channel jury discretion, vacating the death sentence but allowing the state to seek reimposition after a proper hearing. The court also held that the defendant's confession was admissi
• Feliciano v. Hon. Melvin R. Laird
  426 F.2d 424· 2d Cir.· 1970-04-16 ·cited 62×
  The Army's failure to follow its own regulations in processing a hardship discharge application warrants judicial intervention.
• Gladden v. Unsworth
  396 F.2d 373· 9th Cir.· 1968-05-01 ·cited 62×·via Federal Habeas Corpus
  The court held that the admission of Unsworth's written statement without a prior judicial determination of voluntariness, and the admission of his oral statements made while grossly intoxicated, constituted a denial of due process.
• Toney Deron Davis v. State
  136 So. 3d 1169· Fla.· 2014-04-10 ·cited 61×
  Toney Deron Davis appeals the denial of his motion to vacate his 1995 convictions for first-degree felony murder, aggravated child abuse, and sexual battery in the death of a two-year-old, and his death sentence. The Florida Supreme Court affirmed, rejecting Brady/Giglio violatio
• Heldrado Zuluaga v. State
  32 So. 3d 674· Fla. 1st DCA· 2010-03-25 ·cited 61×
  The appellate court held that the trial court correctly dismissed the petition for writ of habeas corpus because it was not the proper remedy for challenging a sentence, and the circuit court lacked jurisdiction to review a sentence imposed by another circuit.
• Chavez v. State
  12 So. 3d 199· Fla.· 2009-06-25 ·cited 61×
  Juan Carlos Chavez, convicted of first-degree murder, kidnapping, and sexual battery of a nine-year-old boy and sentenced to death, appealed the denial of his motion to vacate judgment and filed a habeas petition alleging ineffective assistance of counsel. The Florida Supreme Cou
• Floyd v. State
  18 So. 3d 432· Fla.· 2009-06-04 ·cited 61×
  Maurice Lamar Floyd appeals denial of his Rule 3.851 post-conviction motion and petitions for habeas corpus following his conviction for first-degree murder and death sentence in the killing of his mother-in-law, Mary Goss. The Florida Supreme Court affirmed the denial of all pos
• Darius Mark Kimbrough v. State
  886 So. 2d 965· Fla.· 2004-06-24 ·cited 61×
  Darius Mark Kimbrough, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.850 motion for postconviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denials, holding that Kimbrough failed to
• Rivera v. State
  859 So. 2d 495· Fla.· 2003-09-11 ·cited 61×
  Michael Rivera, a death row inmate convicted of murdering an 11-year-old child, appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.851 and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial
• Sireci v. Moore
  825 So. 2d 882· Fla.· 2002-02-28 ·cited 61×
  Henry Perry Sireci, a death row inmate convicted of first-degree murder in 1976, petitioned the Florida Supreme Court for habeas corpus relief, raising seven claims of ineffective assistance of appellate counsel and constitutional challenges to Florida's capital sentencing scheme
• Scott v. Walker
  358 F.2d 561· 5th Cir.· 1966-03-31 ·cited 61×
  The court held that the systematic exclusion of Negroes from jury service, even with token inclusion, violates the Equal Protection Clause of the Fourteenth Amendment.
• Nesby Lawrence Gibbs v. Mayo
  81 So. 2d 739· Fla.· 1955-07-20 ·cited 61×·via Habeas Corpus Relief
  Gibbs was charged and convicted of breaking and entering a motor vehicle, but the Florida Supreme Court held that no statute criminalized that specific conduct. The court granted habeas corpus relief because the information failed to charge any offense under Florida law, as the t