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

• Corrie Kelly v. State
  939 So. 2d 1150· Fla. 5th DCA· 2006-10-19 ·cited 3×
  Court granted habeas corpus petition and ordered trial court to conduct pretrial release hearing because state failed to file motion for pretrial detention as required by Florida Rule of Criminal Procedure 3.132.
• Thomas v. McDonough
  2006 U.S. Dist. LEXIS 68770· M.D. Fla.· 2006-09-25 ·cited 3×·via Federal Habeas Corpus
  The court held that attorney negligence or miscalculation does not constitute extraordinary circumstances for equitable tolling of the one-year federal habeas limitations period, and petitioners are responsible for timely filing.
• Occhicone v. Crosby
  455 F.3d 1306· 11th Cir.· 2006-07-14 ·cited 3×·via Habeas Corpus Review
  Dominick Occhicone appealed the denial of his federal habeas corpus petition challenging his murder convictions and death sentence, claiming the prosecution violated Giglio v. United States by failing to correct perjured testimony from witness Phil Baker regarding a deal for leni
• Holmes v. State
  933 So. 2d 1205· Fla. 2d DCA· 2006-06-30 ·cited 3×
  Ronald Holmes, a homeless man, was detained for 60 days in jail pending trial on a municipal ordinance violation (panhandling without a permit). The court granted his habeas corpus petition because he had already served the maximum possible sentence for the offense before guilt w
• McAFFEE v. State
  925 So. 2d 1069· Fla. 2d DCA· 2006-03-08 ·cited 3×
• Blanchard v. State
  909 So. 2d 352· Fla. 5th DCA· 2005-07-22 ·cited 3×
  Maurice Blanchard appeals the summary denial of his third Rule 3.850 motion, claiming he is entitled to relief based on Delgado v. State, which redefined the burglary statute's "remaining in" requirement to apply only to surreptitious remaining. The appellate court affirmed the t
• T.W. v. Edwards-Ellis
  903 So. 2d 1050· Fla. 1st DCA· 2005-06-17 ·cited 3×
  The court held that the juvenile was statutorily entitled to release from secure detention after five days.
• Hansel Clarke v. Regier
  881 So. 2d 656· Fla. 3d DCA· 2004-08-18 ·cited 3×
  The court held that the trial court erred in continuing involuntary commitment despite uncontroverted expert testimony that the petitioner no longer met the criteria.
• LEE v. Bieluch
  855 So. 2d 713· Fla. 4th DCA· 2003-10-08 ·cited 3×
  Daniel Lee sought habeas corpus review of a circuit court's denial of his motion to reduce his bond after the state dismissed a robbery charge that had prompted the original bond increase. The Fourth District Court of Appeal granted the petition, holding that the state failed to
• Dennis v. State
  769 So. 2d 511· Fla. 5th DCA· 2000-10-20 ·cited 3×
  A petition for writ of habeas corpus cannot be used to raise issues that were or could have been raised on direct appeal or in prior post-conviction proceedings.
• Reniewicz v. State
  734 So. 2d 1115· Fla. 2d DCA· 1999-05-07 ·cited 3×
  The court held that the trial court properly denied the petition for a writ of habeas corpus because the extradition demand complied with statutory requirements.
• Derwin Norris v. Fla. Dep't OF Corr.
  721 So. 2d 1235· Fla. 1st DCA· 1998-12-21 ·cited 3×
• Hennig v. Prummell
  198 So. 3d 17· Fla. 2d DCA· 1997-04-21 ·cited 3×
  Gary Hennig petitioned for a writ of prohibition and habeas corpus challenging the trial court's jurisdiction to adjudicate a probation violation based on crimes committed in Ohio during a previously revoked probation term. The Florida Second District Court of Appeal held that a
• Dorsey A. Sanders, III v. State
  689 So. 2d 410· Fla. 5th DCA· 1997-03-07 ·cited 3×
  Sanders appeals the denial of his Rule 3.850 post-conviction motion challenging the admission of hearsay testimony about statements made by a contract killer. Sanders argues that because a co-defendant's convictions were reversed on appeal due to the same hearsay evidence being e
• Singer v. Cochran
  685 So. 2d 36· Fla. 4th DCA· 1996-12-04 ·cited 3×
• Manrique Carreno v. Johnson
  899 F. Supp. 624· S.D. Fla.· 1995-09-22 ·cited 3×
  The court held that the extradition statute, 18 U.S.C. § 3184, is constitutional as applied to the petitioner, and thus denied his petition for a writ of habeas corpus.
• Ramseur v. Beyer
  983 F.2d 1215· 3d Cir.· 1992-12-31 ·cited 3×·via Federal Habeas Corpus
  The court did not definitively rule on whether a new indictment can cure a prior constitutionally defective indictment, leaving the question open for future cases.
• Campbell v. Blodgett
  997 F.2d 512· 9th Cir.· 1992-12-24 ·cited 3×·via Federal Habeas Corpus
  The court held that the district court did not abuse its discretion in dismissing the third federal habeas petition as successive and abusive, with the exception of the claim regarding appellate review, which was improperly characterized by the district court.
• Higgs v. State
  599 So. 2d 274· Fla. 5th DCA· 1992-05-29 ·cited 3×
  Robert Higgs sought habeas corpus relief claiming his appeal rights were violated when a trial court denied his motion to proceed in forma pauperis, allegedly because no appeal was timely filed. The court held that under the 'mailbox rule,' a notice of appeal is deemed filed when
• Goethel v. Lawrence
  599 So. 2d 232· Fla. 3d DCA· 1992-05-19 ·cited 3×
• Johnson v. Armontrout
  961 F.2d 748· 8th Cir.· 1992-04-10 ·cited 3×·via Habeas Corpus Review
  The court held that a defendant is deprived of his constitutional right to an impartial jury and effective counsel when jurors who convicted a co-defendant in the same crime are empaneled without sufficient inquiry into their bias, and counsel fails to challenge them for cause.
• King v. Byrd
  590 So. 2d 2· Fla. 1st DCA· 1991-11-18 ·cited 3×
  Patty Elizabeth King challenges the revocation of her pretrial release and detention without bond following a mistrial in her drug trafficking case. The appellate court denies her habeas corpus petition without prejudice, finding the record inadequate and directing her to first s
• Bernt Meyer v. State
  570 So. 2d 1001· Fla. 2d DCA· 1990-09-12 ·cited 3×
  Meyer, a former attorney convicted of tampering with a witness and conspiracy to tamper with a witness in 1987, challenged his convictions via habeas corpus and a rule 3.850 motion for postconviction relief, arguing the statute under which he was convicted had been held unconstit
• Norton v. Parke
  892 F.2d 476· 6th Cir.· 1989-12-22 ·cited 3×
  A prisoner must formally invoke the Interstate Agreement on Detainers (IAD) to exhaust state remedies before seeking federal habeas corpus relief.
• Cooney v. Fulcomer
  886 F.2d 41· 3d Cir.· 1989-09-19 ·cited 3×·via Habeas Corpus Relief
  While the Commonwealth violated Article V(d) of the Interstate Agreement on Detainers by trying the appellant on charges unrelated to the detainer, this violation was not fundamental enough to warrant habeas relief.
• Tafero v. Dugger
  681 F. Supp. 1531· S.D. Fla.· 1988-03-05 ·cited 3×
  The court denied the petition for a writ of habeas corpus, finding that while a Lockett error occurred, it was harmless, and the Caldwell claim did not establish a violation of the jury's role.
• Kermit Gabel v. O.L. McCOTTER
  803 F.2d 814· 5th Cir.· 1986-10-29 ·cited 3×
  State evidentiary rulings, even if erroneous, do not constitute constitutional error cognizable in federal habeas corpus proceedings.
• Rappsodi R. ALI v. State
  777 F.2d 1489· 11th Cir.· 1985-12-11 ·cited 3×·via Federal Habeas Corpus
  A federal habeas corpus petition must be dismissed if the petitioner has failed to exhaust available state remedies, and remand is futile if the state asserts exhaustion as a defense.
• Yakoub Rattib Azzouka v. Sava
  777 F.2d 68· 2d Cir.· 1985-11-12 ·cited 3×·via Habeas Corpus Review
  The court reversed the district court's decision, finding that the District Director improperly relied on a Regional Commissioner's finding under summary exclusion procedures to deny asylum.
• Lambertson v. State
  479 So. 2d 773· Fla. 5th DCA· 1985-11-07 ·cited 3×
  Petitioner challenged a circuit court order requiring her as a material witness to either post a $100,000 bond or be incarcerated. The Florida appellate court held that because petitioner was not yet in custody but was merely avoiding legal process, she was not entitled to habeas
• Kennedy v. Crawford
  479 So. 2d 758· Fla. 3d DCA· 1985-10-08 ·cited 3×
  Kennedy sought habeas corpus relief, arguing that Florida Rule of Criminal Procedure 3.133(b) entitled him to release on recognizance because the State failed to provide an adversary preliminary hearing within 21 days of his arrest. The court held that Rule 3.133(b) grants the ri
• Alvord v. State
  459 So. 2d 316· Fla.· 1984-11-21 ·cited 3×
  The court held that a petitioner is not entitled to a judicial determination of competency to be executed separate from the statutory executive process.
• Christopher v. State
  582 F. Supp. 633· S.D. Fla.· 1984-03-13 ·cited 3×
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims did not rise to constitutional dimensions and that the state court's findings were supported by the record.
• Bartlett v. T.L. Allen
  724 F.2d 1524· 11th Cir.· 1984-02-16 ·cited 3×
  The court held that a defendant's subsequent, informed confession, made after consulting with counsel, waives any prior Fifth Amendment rights violated by continued interrogation after requesting an attorney.
• Tijerina v. Estelle
  682 F.2d 504· 5th Cir.· 1982-08-13 ·cited 3×·via Federal Habeas Corpus
  The court held that the record must clearly show service of the magistrate's report to bar appellate review for failure to object.
• Orazio Turiano v. Butterworth
  416 So. 2d 1261· Fla. 4th DCA· 1982-07-21 ·cited 3×
  The court held that the trial court did not err in denying the petition for writ of habeas corpus and remanding the appellant for extradition, as the appellant failed to meet his burden to rebut the presumption of validity of the extradition documents.
• Cappar v. Cappar
  402 So. 2d 1284· Fla. 4th DCA· 1981-08-12 ·cited 3×·via Habeas Corpus Relief
  Florida appellate court affirmed trial court's grant of habeas corpus relief to father, holding that an Alabama court had jurisdiction to enter a temporary child custody order.
• McElvy v. Civiletti
  523 F. Supp. 42· S.D. Fla.· 1981-03-10 ·cited 3×
  The court held that the petitioners' waiver of the two-month custody limit under 18 U.S.C. § 3188 remained in effect until their petition was properly served, and that their conviction for drug possession was substantially analogous to a felony under U.S. law, thus meeting the tr
• Mays v. Estelle
  610 F.2d 296· 5th Cir.· 1980-01-23 ·cited 3×·via Habeas Corpus Relief
  The court held that the petitioner's trial counsel was not ineffective for failing to object to the petitioner being shackled during trial, as the decision to shackle was a reasonable exercise of the trial court's discretion based on evidence of the petitioner's violent propensit
• Reuben Tackno v. Blackburn
  571 F.2d 1383· 5th Cir.· 1978-04-28 ·cited 3×·via Federal Habeas Corpus
  Federal courts need not consider Fourth Amendment claims on habeas corpus if the state provided an opportunity for full and fair litigation of the claim.
• Talavera v. Louie L. Wainwright
  547 F.2d 1238· 5th Cir.· 1977-03-02 ·cited 3×·via Federal Habeas Corpus
  The court held that a Fourth Amendment claim on federal habeas corpus requires remand if the record is unclear as to whether the state provided a full and fair opportunity to litigate the claim.
• McBRIDE v. Estelle
  507 F.2d 903· 5th Cir.· 1975-02-07 ·cited 3×·via Federal Habeas Corpus
  The court held that while McBride's pro se brief satisfied the jurisdictional requirements for federal habeas corpus review, the district court's dismissal is affirmed on grounds of comity.
• Shank v. Smith
  426 F.2d 1344· 5th Cir.· 1970-06-02 ·cited 3×
  The court held that the district court properly denied claims of illegal extradition and lack of jurisdiction, but erred in denying claims of denial of counsel and coerced guilty plea without proper procedure.
• Amos Carlton Thomas v. State
  223 So. 2d 391· Fla. 1st DCA· 1969-06-03 ·cited 3×
  The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted evidence of similar crimes.
• Wilson v. Veron Atchley
  412 F.2d 230· 9th Cir.· 1969-05-27 ·cited 3×·via Habeas Corpus Proceedings
• Chromiak v. Field
  406 F.2d 502· 9th Cir.· 1969-01-24 ·cited 3×
  The court held that a prisoner's claim that a state statute requiring executive concurrence for probation is unconstitutional does not present a federal question, and that requiring a defendant to bear the burden of proof for a judge disqualification motion is permissible.
• Cook v. Willingham
  389 F.2d 769· 10th Cir.· 1968-02-08 ·cited 3×·via Habeas Corpus Relief
  The court held that aggregation of successive sentences is improper for determining parole eligibility under the 1966 amendment, but the right to parole consideration does not entitle the prisoner to habeas corpus relief.
• Jetson RAY v. State
  200 So. 2d 529· Fla.· 1967-06-14 ·cited 3×
  Ray, an 18-year-old convicted of burglary and assault without counsel representation in 1945, petitioned for habeas corpus relief. The Florida Supreme Court, applying Gideon v. Wainwright retroactively, held that Ray was constitutionally entitled to a new trial because he was den
• Schack v. State
  194 So. 2d 53· Fla. 1st DCA· 1967-01-17 ·cited 3×
  A writ of habeas corpus was properly denied because the petitioner failed to establish unlawful confinement entitling him to immediate release.
• Lafayette E. Mitchell v. State
  175 So. 2d 52· Fla. 1st DCA· 1965-05-18 ·cited 3×
  The court held that the trial court did not err in denying the motion to vacate judgments and sentences, as the record demonstrated the appellant was accorded his constitutional rights and knowingly waived counsel.