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

• In re Korman v. United States
  486 F.2d 926· 7th Cir.· 1973-06-08 ·cited 54×
  The court held that an affidavit from a government official is required for an official denial of electronic surveillance, and that the discretionary extension of a Special Grand Jury's term is not reviewable on appeal.
• United States ex rel. Michael O'Connor v. The State OF NEW Jersey & Howard Yeager
  405 F.2d 632· 3d Cir.· 1969-01-02 ·cited 54×
  The court held that the introduction of post-indictment incriminating statements made without counsel violated the Sixth Amendment, and this error was not harmless beyond a reasonable doubt.
• Sires v. Cole
  320 F.2d 877· 9th Cir.· 1963-07-17 ·cited 54×
  The court held that the district court properly dismissed the action because the defendants, including a county, a judge, and prosecuting attorneys, are immune from suit under the Civil Rights Act.
• Taylor v. United States
  179 F.2d 640· 9th Cir.· 1950-01-19 ·cited 54×
  The court held that the trial court correctly denied the motion to vacate sentence, dismissed the habeas corpus petitions, and that the indictment sufficiently charged a violation of the relevant statute.
• Chadwick Willacy v. State
  967 So. 2d 131· Fla.· 2007-06-28 ·cited 53×
  Chadwick Willacy, convicted and sentenced to death for the brutal murder of his neighbor Marlys Sather in 1990, appealed the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supre
• Power v. State
  886 So. 2d 952· Fla.· 2004-05-06 ·cited 53×
  Robert Beeler Power, a death row inmate convicted of murdering a twelve-year-old girl, sought post-conviction relief and a writ of habeas corpus, claiming ineffective assistance of counsel and constitutional defects in Florida's capital sentencing scheme. The Florida Supreme Cour
• Hudson v. Rushen
  686 F.2d 826· 9th Cir.· 1982-09-09 ·cited 53×·via Federal Habeas Corpus
  The state trial court's inquiry into the defendant's motion to substitute counsel, though brief, was sufficient under the circumstances, and thus the defendant received effective assistance of counsel.
• Nelson v. Peyton
  415 F.2d 1154· 4th Cir.· 1969-06-25 ·cited 53×·via Habeas Corpus Relief
  A defendant denied the right to be informed of their right to appeal and how to exercise it, due to ineffective assistance of counsel, is entitled to habeas corpus relief without showing prejudice from the lack of appeal.
• Mrs W. M. Hancock v. Dupree
  100 Fla. 617· Fla.· 1930-08-05 ·cited 53×
  A Florida mother challenged a county court judgment committing her children to state custody as dependent children, seeking their return via habeas corpus. The Supreme Court held that circuit courts have jurisdiction to issue writs of habeas corpus in child custody disputes and m
• Davis v. State of Fla. & Leon Davis
  Fla.· 2024-02-01 ·cited 52×
  Leon Davis Jr. was convicted of three counts of first-degree murder, attempted murder, armed robbery, and arson for brutally robbing an insurance agency on December 13, 2007, robbing approximately $900, setting employees Yvonne Bustamante and Juanita Luciano on fire after dousing
• Rutherford v. State
  926 So. 2d 1100· Fla.· 2006-01-27 ·cited 52×
  Arthur Dennis Rutherford, a death row inmate with an active death warrant, appealed the circuit court's denial of his successive postconviction motion for relief, raising five claims including newly discovered evidence about witness Mary Heaton's potential involvement in the murd
• Norberto Pietri v. State
  885 So. 2d 245· Fla.· 2004-08-26 ·cited 52×
  Norberto Pietri was convicted of the 1988 murder of West Palm Beach police officer Brian Chappell and sentenced to death. On postconviction relief under Florida Rule 3.850, Pietri alleged multiple instances of ineffective assistance of counsel. The Florida Supreme Court affirmed
• Hitchcock v. State
  755 So. 2d 638· Fla.· 2000-03-23 ·cited 52×·via Federal Habeas Corpus
  James Ernest Hitchcock appeals his death sentence imposed after a third remand for resentencing in a 1976 murder case. The Florida Supreme Court affirms the death sentence, rejecting all eighteen appellate claims as either procedurally barred or without merit.
• Jones v. State
  740 So. 2d 520· Fla.· 1999-06-17 ·cited 52×
  Ronnie Lee Jones, sentenced to death in 1981 for three counts of first-degree murder, challenged his conviction on grounds of incompetency to stand trial in postconviction proceedings. The Florida Supreme Court reversed and vacated his judgment and sentence because a twelve-year
• Forbes v. Singletary
  684 So. 2d 173· Fla.· 1996-10-31 ·cited 52×
  The Florida Supreme Court granted habeas corpus relief to Michael Forbes, holding that he was entitled to credit for unforfeited gain time accumulated during his original incarceration when resentenced after probation violation. The Court also addressed the systemic problem of in
• The Tribune Co. v. In re Public Records
  493 So. 2d 480· Fla. 2d DCA· 1986-07-09 ·cited 52×
  The Tribune Company and others sought access to criminal investigative files held by the Pasco County Sheriff regarding murder convictions of Ernest Lee Miller and William Riley Jent. The circuit court denied access, treating post-conviction relief proceedings as "appeals" that k
• Mendoza v. Miller
  779 F.2d 1287· 7th Cir.· 1985-12-19 ·cited 52×·via Habeas Corpus Proceedings
  The majority holds that the petitioner was not denied due process because the record contained sufficient indicia of informant reliability, the petitioner waived his right to exculpatory material, and the magistrate properly handled in camera review.
• Bisaccia v. The Attorney Gen. of the State of N.J.
  623 F.2d 307· 3d Cir.· 1980-06-12 ·cited 52×·via Federal Habeas Corpus
  The court held that using a co-conspirator's guilty plea as evidence of a defendant's guilt violates the Sixth Amendment right to confrontation.
• White v. Lackland Bloom
  621 F.2d 276· 8th Cir.· 1980-04-30 ·cited 52×·via Habeas Corpus Relief
  The court held that complaints alleging § 1983 conspiracies between private parties and immune public officials must meet a special, more specific pleading standard than generally required under the Federal Rules of Civil Procedure.
• Arnold v. McCARTHY
  566 F.2d 1377· 9th Cir.· 1978-01-13 ·cited 52×
  The dissenting judge argues that the majority erred in finding no actual prejudice from the delay, asserting that the district court's finding of substantial prejudice should be affirmed.
• Pierre v. United States
  525 F.2d 933· 5th Cir.· 1976-01-08 ·cited 52×
  Habeas corpus is not the appropriate vehicle for declaratory or injunctive relief unrelated to custody. However, an independent action for such relief may be possible.
• United States ex rel. Neil Bruce Checkman v. Hon. Melvin Laird
  469 F.2d 773· 2d Cir.· 1972-10-27 ·cited 52×·via Habeas Corpus Relief
  The court held that the Army's denial of conscientious objector status was erroneous because the administrative record lacked a sufficient basis in fact and failed to provide adequate reasons for the decision.
• Johnson v. Rundle
  59 So. 3d 1080· Fla.· 2011-01-06 ·cited 51×
  The court sanctioned an inmate by barring him from filing further pleadings related to his conviction unless signed by a Florida Bar member.
• Marquard v. State
  850 So. 2d 417· Fla.· 2002-11-21 ·cited 51×
  John Marquard, sentenced to death for the premeditated murder of Stacey Willets, challenges his conviction and sentence through a Rule 3.850 postconviction motion and habeas corpus petition. The Florida Supreme Court affirms the trial court's denial of postconviction relief and r
• Jones v. Moore
  794 So. 2d 579· Fla.· 2001-07-05 ·cited 51×
  Clarence Jones, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus challenging his conviction and death sentence for the 1988 murder of Tallahassee police officer Ernest Ponce de Leon. The Court denied the petition, finding the claims either proc
• Nassetta v. Stanton S. Kaplan
  557 So. 2d 919· Fla. 4th DCA· 1990-03-07 ·cited 51×
  The court held that the trial judge's comment, while gratuitous, was not legally sufficient to establish prejudice and did not require disqualification.
• Branch v. Estelle
  631 F.2d 1229· 5th Cir.· 1980-12-04 ·cited 51×·via Habeas Corpus Relief
  The court held that the petitioner was not entitled to federal habeas corpus relief on any of his claims, affirming the denial of his petition.
• Eberhardt v. Bordenkircher
  605 F.2d 275· 6th Cir.· 1979-09-10 ·cited 51×·via Habeas Corpus Review
  A prosecutor's comment on a defendant's failure to testify, even if brief, is not harmless error if the evidence is not overwhelming and the trial contained other substantial errors.
• Caraway v. Beto
  421 F.2d 636· 5th Cir.· 1970-01-21 ·cited 51×
  The court affirmed the district court's grant of habeas corpus, finding that the petitioner was denied effective assistance of counsel.
• Asay v. State
  224 So. 3d 695· Fla.· 2017-08-14 ·cited 50×
  Mark James Asay, a death-sentenced prisoner with an active execution warrant, appealed the denial of his third successive motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the circuit court's denial and rejected all of
• Mann v. State
  112 So. 3d 1158· Fla.· 2013-04-02 ·cited 50×·via Federal Habeas Corpus
  Larry Eugene Mann, a death row inmate with an active execution warrant, appealed the denial of his Rule 3.851 postconviction motion and public records requests, and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the circuit court's denials on all grounds,
• Lawrence v. State
  969 So. 2d 294· Fla.· 2007-11-01 ·cited 50×
  Jonathan Huey Lawrence, convicted of first-degree murder and sentenced to death, appealed denial of his Rule 3.851 post-conviction motion and filed a habeas petition challenging his conviction and sentence. The Florida Supreme Court affirmed the trial court's denial, finding no m
• Rutherford v. State
  940 So. 2d 1112· Fla.· 2006-10-12 ·cited 50×
  Arthur Dennis Rutherford, a death row inmate with an active execution warrant, appealed the trial court's denial of his third successive motion for postconviction relief and dismissal of his motion to correct an illegal sentence, and petitioned for habeas corpus. The Florida Supr
• Lucas v. State
  841 So. 2d 380· Fla.· 2003-01-09 ·cited 50×
  Harold Gene Lucas appeals the denial of his rule 3.850 postconviction motion and petitions for a writ of habeas corpus in his capital murder case. After five direct appeals, with four resulting in resentencing orders, the Florida Supreme Court affirmed the trial court's denial of
• Telisia Shaonte Kelley v. Rice
  800 So. 2d 247· Fla. 2d DCA· 2001-10-05 ·cited 50×
  Telisia Kelley, an 18-year-old witness who failed to appear at trial after being subpoenaed, was arrested on a writ of bodily attachment and summarily found in contempt without proper due process protections. The court held that failure to appear in response to a subpoena constit
• Chandler v. Dugger
  634 So. 2d 1066· Fla.· 1994-02-24 ·cited 50×
  Jim Eric Chandler, a death row inmate, petitioned for habeas corpus relief and appealed the denial of his postconviction motion, raising multiple claims of trial and appellate error and ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's denial
• Delap v. Dugger
  513 So. 2d 659· Fla.· 1987-10-08 ·cited 50×
  David Delap petitions for habeas corpus and a stay of execution, arguing that the jury instruction in his capital sentencing violated Lockett v. Ohio principles as clarified by Hitchcock v. Florida. The Florida Supreme Court denies the petition, finding that although the jury ins
• Coleman v. Brown
  802 F.2d 1227· 10th Cir.· 1986-09-30 ·cited 50×
  The court held that the trial court properly excluded jurors opposed to the death penalty, the exclusion did not violate the cross-section requirement, and the petitioner received effective assistance of counsel.
• State v. Beauford White
  470 So. 2d 1377· Fla.· 1985-04-25 ·cited 50×
  Florida Supreme Court held that the U.S. Supreme Court's decision in Enmund v. Florida, which prohibited death sentences for defendants who did not kill or intend killing, did not bar execution of White, who was present during the murders, actively participated in restraining vic
• Nelson v. Estelle
  642 F.2d 903· 5th Cir.· 1981-04-17 ·cited 50×·via Federal Habeas Corpus
  The court held that a single error by counsel, even if resulting in a state law conviction reversal, does not render the entire trial fundamentally unfair or constitute ineffective assistance of counsel under the Sixth Amendment.
• Darrel McMORRIS v. Israel
  643 F.2d 458· 7th Cir.· 1981-03-09 ·cited 50×·via Federal Habeas Corpus
  The court held that a prosecutor's unexplained refusal to stipulate to exculpatory polygraph evidence, which is otherwise admissible under state law, violates the defendant's due process rights.
• Beavers v. Balkcom
  636 F.2d 114· 5th Cir.· 1981-02-05 ·cited 50×·via Habeas Corpus Relief
  The court held that the federal district court should have dismissed the habeas corpus petition without prejudice because the specific issue of counsel's failure to obtain a psychiatric examination and present medical evidence was not fully developed in state court.
• Cole v. Stevenson
  620 F.2d 1055· 4th Cir.· 1980-05-05 ·cited 50×·via Federal Habeas Corpus
  A state prisoner is barred from federal habeas corpus relief if he failed to comply with valid state procedural requirements that independently preclude direct review of the merits.
• Moore v. DeYOUNG
  515 F.2d 437· 3d Cir.· 1975-04-08 ·cited 50×·via Federal Habeas Corpus
  The federal court erred in granting a writ of habeas corpus and enjoining ongoing state criminal proceedings. The petitioner failed to exhaust his state court remedies on the merits of his speedy trial claim and did not demonstrate "extraordinary circumstances" that would justify
• Nolan v. Palmer C. Scafati
  430 F.2d 548· 1st Cir.· 1970-08-14 ·cited 50×
  The court held that a prisoner's allegations of denial of due process and denial of access to the courts by prison officials state claims upon which relief may be granted, requiring further factual determination.
• Jackson v. Wainwright
  390 F.2d 288· 5th Cir.· 1968-02-26 ·cited 50×
  The prosecutor's failure to disclose exculpatory evidence regarding eyewitness identification violated the defendant's due process rights, entitling him to a writ of habeas corpus.
• Strand v. Schmittroth
  251 F.2d 590· 9th Cir.· 1957-06-24 ·cited 50×
  A state court's jurisdiction over a defendant is not divested by the defendant's status as a federal probationer; physical custody, not probation status, determines which sovereign has control.
• Johnson v. State
  921 So. 2d 490· Fla.· 2005-03-31 ·cited 49×
  Ronnie Johnson, sentenced to death for the 1989 first-degree murder of Tequila Larkins, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus. The Florida Supreme Court affirmed the circuit court's denial of all claims, finding no ineffecti
• Schwab v. State
  814 So. 2d 402· Fla.· 2002-03-28 ·cited 49×
  Mark Dean Schwab, sentenced to death for kidnapping, sexually abusing, and murdering an 11-year-old boy, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of all postconvicti
• Elmo H. GAY v. Singletary
  700 So. 2d 1220· Fla.· 1997-10-23 ·cited 49×
  Elmo Gay sought habeas corpus relief arguing he was entitled to credit for time spent under Control Release supervision when that supervision was revoked due to violation of release conditions. The Florida Supreme Court held that the Parole Commission, as the Control Release Auth