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

• Labrant D. Dennis v. State
  109 So. 3d 680· Fla.· 2012-12-20 ·cited 60×
  Labrant Dennis was convicted of two counts of first-degree murder and sentenced to death for beating two University of Miami football players to death with a sawed-off shotgun in 1996. The Florida Supreme Court affirmed the denial of his Rule 3.851 postconviction motion and habea
• Bell v. State
  965 So. 2d 48· Fla.· 2007-06-07 ·cited 60×
  Michael Bell was convicted of two counts of first-degree murder and sentenced to death. Bell appealed the circuit court's denial of his Rule 3.850 postconviction motion claiming ineffective assistance of trial counsel and filed a petition for writ of habeas corpus. The Florida Su
• Hodges v. State
  885 So. 2d 338· Fla.· 2004-10-14 ·cited 60×
  George Michael Hodges sought review of a circuit court's denial of his Florida Rule of Criminal Procedure 3.850 postconviction motion and petitioned for a writ of habeas corpus in a death penalty case. The Florida Supreme Court affirmed the denial of postconviction relief and den
• Gregory v. Rice
  727 So. 2d 251· Fla.· 1999-02-11 ·cited 60×
  The Florida Supreme Court addressed the wrongful incarceration of Anthony Gregory for failure to pay child support, holding that courts must make a proper finding that a contemnor has the present ability to pay before imposing civil contempt sanctions, particularly incarceration.
• Davidson J. James v. Singletary
  957 F.2d 1562· 11th Cir.· 1992-03-30 ·cited 60×·via Federal Habeas Corpus
  Davidson James, a Florida death row inmate convicted of first-degree murder, attempted murder, and armed robbery, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254. The Eleventh Circuit held that James's Brady claim regarding withheld evidence failed because he d
• Atkins v. Dugger
  541 So. 2d 1165· Fla.· 1989-04-13 ·cited 60×
  Phillip Atkins, a death row inmate, sought habeas corpus relief and review of the trial court's denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court affirmed the denial of all relief, finding that most claims were procedurally barred and that Atkin
• Spencer v. Kemp
  781 F.2d 1458· 11th Cir.· 1986-01-23 ·cited 60×·via Habeas Corpus Relief
  The petitioner is entitled to federal habeas review of his jury selection claim because he presented the objection seasonably to the trial court.
• Collins v. A.L. Lockhart
  754 F.2d 258· 8th Cir.· 1985-01-31 ·cited 60×·via Federal Habeas Corpus
  The court held that while the conviction was valid, the death sentence must be vacated because the 'pecuniary gain' aggravating circumstance duplicated an element of the underlying capital felony murder charge (robbery), thus failing to narrow the class of eligible defendants as
• Smith v. State
  457 So. 2d 1380· Fla.· 1984-10-11 ·cited 60×
  Frank Smith, convicted of first-degree murder and sentenced to death, appealed the denial of post-conviction relief under Florida Rule 3.850 and filed a habeas corpus petition challenging his trial and appellate counsel's effectiveness. The Florida Supreme Court affirmed the deni
• Lake v. Cameron
  364 F.2d 657· D.C. Cir.· 1966-05-19 ·cited 60×·via Habeas Corpus Proceedings
• Robinson v. Johnston
  118 F.2d 998· 9th Cir.· 1941-04-08 ·cited 60×
• COX v. State
  966 So. 2d 337· Fla.· 2007-07-05 ·cited 59×
  Allen Cox appeals the denial of his motion to vacate his death sentence for the first-degree murder of fellow inmate Thomas Baker Jr., raising numerous claims of ineffective assistance of counsel and challenging the trial and penalty phases. The Florida Supreme Court upheld the c
• Lancelot Uriley Armstrong v. State
  862 So. 2d 705· Fla.· 2003-10-30 ·cited 59×
  Lancelot Armstrong was convicted of first-degree murder, attempted murder of a law enforcement officer, and armed robbery in connection with the 1990 death of Deputy Greeney during an armed robbery at a restaurant. Armstrong's death sentence was vacated because the trial court re
• Groover v. Singletary
  656 So. 2d 424· Fla.· 1995-04-06 ·cited 59×
  The court held that appellate counsel cannot be ineffective for failing to raise issues that are procedurally barred or without merit.
• Hutchins v. Wainwright
  715 F.2d 512· 11th Cir.· 1983-09-19 ·cited 59×
  The court held that the prosecutor's introduction of out-of-court statements from an unidentified informant, and reliance on those statements in closing argument, violated the defendant's Sixth Amendment right to confrontation, and this violation was not harmless error.
• Preston v. State
  970 So. 2d 789· Fla.· 2007-05-31 ·cited 58×
  Preston appeals a trial court's denial of his Rule 3.850 motion for postconviction relief and petition for habeas corpus in his first-degree murder conviction and death sentence from 1978. The Florida Supreme Court affirms the denial of all postconviction claims, finding that new
• Remeta v. Dugger
  622 So. 2d 452· Fla.· 1993-04-15 ·cited 58×
  Daniel Eugene Remeta, sentenced to death for murder and robbery of a convenience store clerk, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850 and habeas corpus, raising sixteen claims of ineffective assistance of counsel and procedural violations. The
• Milton v. Procunier
  744 F.2d 1091· 5th Cir.· 1984-10-10 ·cited 58×·via Federal Habeas Corpus
  The court, through a concurring opinion, suggests that while counsel's failure to present mitigating evidence may not meet the Sixth Amendment's Strickland standard for ineffective assistance, it could still violate Eighth Amendment concerns regarding arbitrary capital sentencing
• Wallace v. A.L. Lockhart
  701 F.2d 719· 8th Cir.· 1983-03-07 ·cited 58×·via Habeas Corpus Review
  The court held that the district court did not err in denying the habeas corpus petition, as the petitioner's claims were either procedurally barred, lacked merit, or failed to demonstrate prejudice or a constitutional violation.
• Park v. H. T. (Tommy) Huff
  506 F.2d 849· 5th Cir.· 1975-01-20 ·cited 58×·via Federal Habeas Corpus
  The majority opinion misunderstands the Confrontation Clause by allowing hearsay statements from unavailable witnesses to be admitted against the defendant.
• Captain Dale E. Noyd v. Honorable Robert S. McNAMARA
  378 F.2d 538· 10th Cir.· 1967-05-16 ·cited 58×
  The court held that federal courts lack jurisdiction to review military assignments or grant relief to a service member seeking conscientious objector status before exhausting all military remedies.
• Curran v. State OF Del.
  259 F.2d 707· 3d Cir.· 1958-09-29 ·cited 58×·via Habeas Corpus Proceedings
  The knowing false testimony of a police detective, coupled with the destruction of other statements, denied defendants due process of law, rendering their trial fundamentally unfair.
• Smith v. Comm'r, Ala. Dep't of Corr.
  67 F.4th 1335· 11th Cir.· 2023-05-19 ·cited 57×·via Habeas Corpus Relief
  Joseph Clifton Smith, convicted of capital murder, challenged his death sentence on the grounds that he is intellectually disabled, which would render the sentence unconstitutional under the Eighth Amendment under the principle established in Atkins v. Virginia. The Eleventh Circ
• Price v. State
  995 So. 2d 401· Fla.· 2008-10-08 ·cited 57×
  Herbert Price challenges his sexual battery conviction, arguing the charging information was fundamentally defective because it failed to allege an essential element of the crime. The Florida Supreme Court holds that the information adequately charged the offense by tracking the
• Jackson v. State
  704 So. 2d 500· Fla.· 1997-11-06 ·cited 57×
  Andrea Jackson appeals her death sentence for the 1983 murder of a Jacksonville police officer. The Florida Supreme Court affirms the conviction and the cold, calculated, and premeditated aggravator, but vacates the sentence and remands for resentencing because the trial court fa
• Cartwright v. Maynard
  822 F.2d 1477· 10th Cir.· 1987-06-22 ·cited 57×·via Federal Habeas Corpus
  Reliance on an unconstitutionally vague or overbroad statutory aggravating circumstance requires vacating the death sentence, especially when the state courts do not reweigh circumstances on appeal.
• Tucker v. Kemp
  762 F.2d 1480· 11th Cir.· 1985-05-31 ·cited 57×·via Habeas Corpus Review
  The majority's conclusion that the prosecutorial argument did not affect the reliability and fairness of the sentencing proceeding is disagreed with.
• Bell v. Watkins
  692 F.2d 999· 5th Cir.· 1982-12-06 ·cited 57×·via Habeas Corpus Relief
  The court held that the trial court's sentencing instructions were constitutionally inadequate, requiring reversal of the federal district court's judgment denying habeas corpus relief on that ground. However, the court affirmed the denial of relief regarding the constitutionalit
• Cobb v. Louie L. Wainwright
  609 F.2d 754· 5th Cir.· 1980-01-09 ·cited 57×·via Federal Habeas Corpus
  The court held that even if a prosecutor's argument was inflammatory, it does not automatically constitute a denial of due process required for federal habeas relief under 28 U.S.C. § 2254.
• Caver v. State OF Ala.
  577 F.2d 1188· 5th Cir.· 1978-08-08 ·cited 57×·via Federal Habeas Corpus
  The majority incorrectly held that the petitioner had a full and fair opportunity to litigate his Fourth Amendment claim in state court, contrary to precedent.
• Barnes v. Hunter
  188 F.2d 86· 10th Cir.· 1951-03-21 ·cited 57×
  A federal prisoner seeking relief under 28 U.S.C. § 2255 cannot pursue a habeas corpus petition if the sentencing court has already considered and denied the § 2255 motion, unless the § 2255 remedy is inadequate or ineffective.
• Di Pasquale v. Karnuth
  158 F.2d 878· 2d Cir.· 1947-01-11 ·cited 57×
  An alien's re-entry into the United States requires intent to enter, and mere passage through the country without knowledge does not constitute an 'entry' for deportation purposes.
• Achtien v. Dowd
  117 F.2d 989· 7th Cir.· 1941-02-19 ·cited 57×
  A federal court cannot grant a writ of habeas corpus if the petitioner has not first exhausted available remedies in state court, even if the petitioner believes state remedies would be futile.
• Laws v. Armontrout
  863 F.2d 1377· 8th Cir.· 1988-12-20 ·cited 56×·via Habeas Corpus Review
  The court held that the district court erred in granting habeas corpus relief based on an erroneous legal test for ineffective assistance of counsel and an unsupported assessment of the evidence.
• Mendiola v. Estelle
  635 F.2d 487· 5th Cir.· 1981-01-29 ·cited 56×·via Federal Habeas Corpus
  The court held that the petitioner's claims regarding sentence enhancement, admissibility of prior convictions, and ineffective assistance of appellate counsel did not warrant federal habeas corpus relief.
• United States ex rel. Roy Schuster v. Ross E. Herold, M.D.
  410 F.2d 1071· 2d Cir.· 1969-04-24 ·cited 56×
  The dissenting judge would affirm the lower court's denial of habeas corpus, arguing federal courts should not dictate state procedures for prisoner mental health commitments.
• Craycroft v. Ferrall
  408 F.2d 587· 9th Cir.· 1969-03-05 ·cited 56×·via Habeas Corpus Relief
  The court held that the appellant had not exhausted his military administrative remedies, and therefore, the district court should not have granted relief.
• Francis v. Lyman
  216 F.2d 583· 1st Cir.· 1954-11-09 ·cited 56×
  Public officials, including institutional superintendents, are not liable under the Civil Rights Act for actions taken in good faith reliance on a facially valid judicial commitment order, absent express legislative intent to abrogate established privileges.
• Chandler v. Crosby
  916 So. 2d 728· Fla.· 2005-10-06 ·cited 55×
  Jim Eric Chandler, convicted of two counts of first-degree murder and sentenced to death, petitions for a writ of habeas corpus claiming that Crawford v. Washington, which established new confrontation clause protections for testimonial hearsay, requires reversal of his convictio
• Davis v. State
  875 So. 2d 359· Fla.· 2003-11-20 ·cited 55×
  Eddie Wayne Davis was convicted of murdering an 11-year-old child and sentenced to death. On postconviction appeal, Davis challenged his conviction and sentence based on ineffective assistance of trial and appellate counsel and alleged constitutional violations under Ring and App
• United States v. Lane
  738 F.2d 863· 7th Cir.· 1984-07-05 ·cited 55×
  A sentence must be set aside if the defendant shows that false information was part of the basis for the sentence and the sentencing court relied on that misinformation.
• Carter v. Estelle
  677 F.2d 427· 5th Cir.· 1982-06-01 ·cited 55×
  The court held that the petitioner had met the requirements of the exhaustion doctrine and that his retrial and conviction for embezzlement violated the double jeopardy clause.
• Whitney v. State
  184 So. 2d 207· Fla. 3d DCA· 1966-03-08 ·cited 55×·via Habeas Corpus Proceedings
  Dennis Whitney, convicted of first-degree murder and sentenced to death, sought collateral relief arguing denial of due process on multiple grounds including pretrial publicity, prosecutorial misconduct, and ineffective assistance of counsel. The appellate court affirmed the tria
• Orme v. State
  896 So. 2d 725· Fla.· 2005-02-24 ·cited 54×
  Roderick Michael Orme, a death row inmate, appealed the denial of his post-conviction motion for relief and sought habeas corpus review. The Florida Supreme Court found that trial counsel provided ineffective assistance during the penalty phase by failing to investigate and prese
• Jackson v. State
  767 So. 2d 1156· Fla.· 2000-01-27 ·cited 54×
  Andrea Jackson appeals her death sentence for the 1983 murder of a Jacksonville police officer. The Florida Supreme Court reverses and remands, holding that Jackson had a fundamental constitutional right to be present at her Campbell resentencing hearing, which the trial court vi
• Kokal v. Dugger
  718 So. 2d 138· Fla.· 1998-07-16 ·cited 54×
  Gregory Alan Kokal, sentenced to death for a 1983 murder committed during a robbery, appealed the denial of his Rule 3.850 ineffective assistance of counsel motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of both relief and the death sente
• Harrison Berrier v. Egeler
  583 F.2d 515· 6th Cir.· 1978-08-08 ·cited 54×·via Federal Habeas Corpus
  The dissenting judge argued that even if jury instructions were erroneous under state law, federal habeas review was precluded by the petitioner's failure to object at trial, as required by Wainwright v. Sykes, absent a showing of cause and prejudice.
• Gates v. Henderson
  568 F.2d 830· 2d Cir.· 1977-01-12 ·cited 54×·via Federal Habeas Corpus
• United States ex rel. George T. Williams v. Elza Brantley
  502 F.2d 1383· 7th Cir.· 1974-08-29 ·cited 54×
  The court held that the petitioner was not required to exhaust state remedies by appealing the dismissal of his post-conviction petition because the Illinois Post-Conviction Hearing Act is an ineffective remedy due to the state's strict res judicata and waiver doctrines.
• Brown v. United States
  483 F.2d 116· 4th Cir.· 1973-08-01 ·cited 54×·via Federal Habeas Corpus
  The court held that a habeas petitioner is entitled to resentencing if a prior conviction obtained in violation of Gideon was considered by the sentencing judge, even if the prior conviction has not been invalidated in other collateral proceedings.