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

• Booker T. Lincoln v. Fla. Parole Comm'n
  643 So. 2d 668· Fla. 1st DCA· 1994-10-11 ·cited 49×
  The court held that a habitual offender sentenced under Florida law is subject to conditional release supervision even if they earn incentive gain-time, and their reincarceration for violating release conditions was lawful.
• Lopez v. Singletary
  634 So. 2d 1054· Fla.· 1993-09-02 ·cited 49×
  Eduardo Lopez, a death row inmate, petitioned for habeas corpus and appealed denial of his rule 3.850 postconviction motion, raising eighteen claims of ineffective assistance of counsel and constitutional violations. The Florida Supreme Court affirmed the trial court's denial of
• Mills v. Dugger
  559 So. 2d 578· Fla.· 1990-03-01 ·cited 49×
  Gregory Mills, a death row inmate, sought habeas corpus relief and appealed the trial court's denial of his Rule 3.850 postconviction motion, claiming ineffective assistance of counsel for failing to develop mental impairment evidence at sentencing. The Florida Supreme Court deni
• Jackson v. Dugger
  547 So. 2d 1197· Fla.· 1989-07-06 ·cited 49×
  Andrea Hicks Jackson, sentenced to death for the murder of a police officer, challenged her death sentence on habeas corpus grounds, arguing that victim impact evidence presented during the penalty phase violated the Eighth Amendment under Booth v. Maryland. The Florida Supreme C
• Bennie Demps v. State
  515 So. 2d 196· Fla.· 1987-11-04 ·cited 49×·via Habeas Corpus Relief
  Bennie Demps, under a death sentence and execution warrant set for November 5, 1987, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's summary denial of relief, finding all claims procedurally barred
• THE FLA. BAR RE AMENDMENT TO RULES OF CRIM. PROCEDURE (RULE 3.850)
  460 So. 2d 907· Fla.· 1984-11-30 ·cited 49×
  The Court amended Rule of Criminal Procedure 3.850, establishing new procedures and time limitations for motions to vacate, set aside, or correct sentences.
• Moreno v. W.J. Estelle, Jr.
  717 F.2d 171· 5th Cir.· 1983-10-14 ·cited 49×·via Federal Habeas Corpus
  The court held that the petitioner's Sixth Amendment claims regarding self-representation and ineffective assistance of counsel, as well as his Eighth Amendment claim regarding sentence proportionality, lacked merit, and affirmed the denial of habeas corpus relief.
• Amos Lumpkin v. Ricketts
  551 F.2d 680· 5th Cir.· 1977-05-02 ·cited 49×·via Federal Habeas Corpus
  A state prisoner who failed to timely challenge grand jury composition under state law must show both cause and prejudice for federal habeas review, and ineffective assistance of counsel for failing to advise of appeal rights does not constitute cause for failing to challenge the
• Garrison v. Maggio
  540 F.2d 1271· 5th Cir.· 1976-10-22 ·cited 49×·via Federal Habeas Corpus
  The court held that the undisclosed police report, useful only for impeachment, did not meet the stricter materiality standard required for a new trial, and thus did not violate due process.
• United States v. Yeager
  476 F.2d 613· 3d Cir.· 1973-03-30 ·cited 49×·via Federal Habeas Corpus
  The court held that a prosecutor's comment on a defendant's consultation with an attorney after a crime, which suggests guilt, constitutes a violation of the Sixth Amendment right to counsel, and such error is not harmless when the defendant's credibility is central to the case.
• Covington v. Harris
  419 F.2d 617· D.C. Cir.· 1969-03-14 ·cited 49×·via Habeas Corpus Proceedings
  The court held that the record was inadequate to determine if the hospital's decision to keep the appellant in maximum security was permissible and reasonable, requiring a remand for further proceedings.
• State of Fla. Ex rel. Daisy Wilson v. Quigg
  154 Fla. 348· Fla.· 1944-04-18 ·cited 49×
  The Florida Supreme Court reversed a habeas corpus judgment, holding that a circuit court cannot issue a search warrant for alleged violations of a municipal ordinance that is made returnable to a municipal court, as such warrants must comply strictly with state statutory provisi
• Walton v. State
  847 So. 2d 438· Fla.· 2003-05-29 ·cited 48×
  Jason Dirk Walton appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 challenging his conviction for three counts of first-degree murder and three death sentences. The Florida Supreme Court affirms the trial court's denial, fi
• Cochran v. Herring
  43 F.3d 1404· 11th Cir.· 1995-01-10 ·cited 48×·via Federal Habeas Corpus
  The Eleventh Circuit affirmed the district court's grant of habeas relief, holding that the petitioner's Batson claim was not procedurally barred from federal review because Alabama courts have not consistently applied a procedural bar in similar cases. The court further held tha
• Walton v. Dugger
  634 So. 2d 1059· Fla.· 1993-05-27 ·cited 48×
  Death row inmate Jason Walton appealed denial of his Rule 3.850 post-conviction relief motion, raising fourteen issues including claims about access to public records needed to investigate his case. The Florida Supreme Court held that capital defendants are entitled to public rec
• McCRAE v. Louie L. Wainwright
  439 So. 2d 868· Fla.· 1983-09-15 ·cited 48×
  James McCrae, a death row inmate, petitioned for habeas corpus relief challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court rejected all three claims of ineffective assistance of counsel and denial of due process, holding that issues not
• Proffitt v. Louie L. Wainwright
  706 F.2d 311· 11th Cir.· 1983-05-31 ·cited 48×·via Habeas Corpus Relief
  The court modified its prior opinion, clarifying that even if the right to presence in a capital case is waivable, the defendant did not effectively waive it in this instance. The court also noted a pending Supreme Court case that may impact the analysis of aggravating circumstan
• Taylor v. Kavanagh
  640 F.2d 450· 2d Cir.· 1981-01-26 ·cited 48×
  A prosecutor's actions in plea bargaining are protected by absolute immunity under 42 U.S.C. § 1983, and damages cannot be recovered for harm resulting from such conduct.
• Alvon O'Neal Haley v. Estelle
  632 F.2d 1273· 5th Cir.· 1980-12-17 ·cited 48×·via Federal Habeas Corpus
  The district court erred in dismissing the second habeas corpus petition under Rule 9(b) for abuse of the writ.
• Trujillo v. Trujillo
  378 So. 2d 812· Fla. 3d DCA· 1979-12-11 ·cited 48×
  A Florida appellate court reversed a trial court's modification of a New York custody decree, holding that Florida lacked jurisdiction under the Uniform Child Custody Jurisdiction Act to modify the decree after the mother's drug charges were dismissed. The court emphasized that F
• Hooker v. Klein
  573 F.2d 1360· 9th Cir.· 1978-05-03 ·cited 48×
  The court affirms the denial of the writ of habeas corpus, but the concurring opinion suggests a broader review for the government in extradition cases.
• Meeks v. Craven
  482 F.2d 465· 9th Cir.· 1973-07-20 ·cited 48×·via Habeas Corpus Review
  The court held that the defendant's demands to represent himself at trial were not unequivocal, and therefore, he was not denied his constitutional right to self-representation.
• Davis v. State
  277 So. 2d 300· Fla. 2d DCA· 1973-04-19 ·cited 48×
  Earl Davis appealed his guilty pleas and sentences for robbery, extortion, breaking and entering, and petit larceny, claiming he was denied the right to appeal. The court held that Davis's guilty pleas were freely and voluntarily given with full knowledge of consequences, but rem
• Johnson v. Beto
  466 F.2d 478· 5th Cir.· 1972-08-25 ·cited 48×
  A guilty plea induced by a prosecutor's promise, even if the prosecutor cannot guarantee the sentence, is involuntary and subject to collateral attack.
• Kauffman v. Secretary OF THE AIR Force
  415 F.2d 991· D.C. Cir.· 1969-06-26 ·cited 48×·via Habeas Corpus Review
  Civilian courts have jurisdiction to review court-martial convictions even if the serviceman is not in custody, and the standard of review for constitutional errors should be the same as for state and federal convictions.
• Luna v. Beto
  395 F.2d 35· 5th Cir.· 1968-05-07 ·cited 48×·via Federal Habeas Corpus
• Commonwealth OF Pa. ex rel. George W. Craig v. Maroney
  348 F.2d 22· 3d Cir.· 1965-06-30 ·cited 48×
  The court held that the petitioner's confession was admissible, as it was not tainted by an alleged illegal arrest and was made voluntarily despite the circumstances. The court also held that evidence obtained from a warrantless search was inadmissible under Mapp v. Ohio, but Map
• Jordan v. United States Dist. Court FOR THE Dist. OF Columbia
  233 F.2d 362· D.C. Cir.· 1956-04-19 ·cited 48×·via Habeas Corpus Relief
  The court held that the additional five-year penalty for committing a crime of violence while armed with a firearm must be charged in the indictment and found by the jury. The court also found that the petitioner's other claims did not warrant an evidentiary hearing.
• Barnhill v. State
  971 So. 2d 106· Fla.· 2007-10-25 ·cited 47×
  Arthur Barnhill III, convicted of first-degree murder and sentenced to death, appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial of relief, finding no ineffective a
• Wydell Jody Evans v. State
  946 So. 2d 1· Fla.· 2006-10-05 ·cited 47×
  Wydell Evans was convicted of first-degree murder and sentenced to death for shooting his brother's girlfriend. On appeal of a post-conviction relief motion, the Florida Supreme Court affirmed the denial of Evans' ineffective assistance of counsel claims and denied his habeas pet
• Meola v. Dep't OF Corr.
  732 So. 2d 1029· Fla.· 1998-12-24 ·cited 47×
  Three Florida inmates challenged the Department of Corrections' cancellation of their previously awarded Provisional Credits under overcrowding reduction statutes, claiming violations of the Ex Post Facto Clause, Due Process, and Equal Protection. The Florida Supreme Court denied
• Buenoano v. State
  708 So. 2d 941· Fla.· 1998-03-26 ·cited 47×
  Judy Buenoano, sentenced to death for the 1971 arsenic murder of her husband James Goodyear, appeals the denial of her third postconviction relief motion. The Florida Supreme Court affirms the trial court's summary denial, finding no Brady violation, newly discovered evidence, or
• Bowles v. Singletary
  698 So. 2d 1201· Fla.· 1997-06-26 ·cited 47×
  David Bowles petitioned for habeas corpus challenging the forfeiture of his gain time credits after his Control Release (early release program) was revoked for violating supervision conditions. The Florida Supreme Court held that by voluntarily accepting the Control Release progr
• Tafero v. Louie L. Wainwright
  796 F.2d 1314· 11th Cir.· 1986-07-28 ·cited 47×·via Federal Habeas Corpus
  The court held that the Florida Supreme Court's finding on direct appeal satisfied the Enmund requirement, and that Tafero's other claims, including ineffective assistance of counsel and disparate sentencing, were without merit.
• Stern v. Tarrant Cnty. Hosp. Dist.
  778 F.2d 1052· 5th Cir.· 1985-12-18 ·cited 47×·via Habeas Corpus Review
  A state agency's action, even if violating state law, does not violate the Fourteenth Amendment's Equal Protection Clause unless it is also irrational or arbitrary under federal constitutional standards.
• Henry v. Louie L. Wainwright
  686 F.2d 311· 5th Cir.· 1982-09-20 ·cited 47×·via Federal Habeas Corpus
  The court reinstated its prior judgment, holding that the state courts did not decide the constitutional claim on procedural grounds, thus federal habeas review of the merits is proper.
• United States v. Auten
  632 F.2d 478· 5th Cir.· 1980-12-08 ·cited 47×·via Habeas Corpus Relief
  The court held that the government's failure to disclose a key witness's criminal record, which was constructively known to the prosecution, constituted a Brady violation, requiring a remand for an evidentiary hearing.
• Louis v. Blackburn
  630 F.2d 1105· 5th Cir.· 1980-11-19 ·cited 47×
  Due process requires a district judge to personally hear the testimony of witnesses when making an independent credibility determination that is inconsistent with the magistrate's findings.
• Winters v. Cook
  489 F.2d 174· 5th Cir.· 1973-11-28 ·cited 47×·via Habeas Corpus Relief
• Ex parte Wilson
  74 Fla. 91· Fla.· 1917-07-14 ·cited 47×·via Habeas Corpus Review
  Simon Wilson was convicted of illegally selling intoxicating liquors in Marion County, Florida after a December 1915 election prohibited such sales. Wilson petitioned for habeas corpus, but the Florida Supreme Court upheld his conviction after determining that the prohibition ele
• Ex parte Corpus
  28 Fla. 67· Fla.· 1891-06-01 ·cited 47×·via Habeas Corpus Relief
  William Pells sought habeas corpus relief from confinement in county jail for non-payment of a fine imposed in his aggravated assault conviction. The Florida Supreme Court held that a newly enacted statute allowing discharge after 60 days of confinement for inability to pay fines
• Knight v. Fla. Dep't of Corr.
  936 F.3d 1322· 11th Cir.· 2019-08-30 ·cited 46×·via Federal Habeas Corpus
  The Eleventh Circuit held that the Supreme Court's decision in Hurst v. Florida does not apply retroactively to cases that became final before Hurst was decided, and therefore Knight cannot obtain federal habeas relief on that basis. The court also found that the Florida Supreme
• Williamson v. State
  994 So. 2d 1000· Fla.· 2008-10-08 ·cited 46×
  Dana Williamson, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion and filed a habeas petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed most claims but reversed and remanded cla
• Grim v. State
  971 So. 2d 85· Fla.· 2007-10-04 ·cited 46×
  Norman Grim, a death row inmate, appealed the denial of his motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's order, rejecting multiple claims of ineffective assistance of counsel, Brady violations, a
• Knight v. State
  923 So. 2d 387· Fla.· 2005-11-03 ·cited 46×
  Askari Abdullah Muhammad (formerly Thomas Knight) appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for a writ of habeas corpus in this death penalty case. The Florida Supreme Court affirms the circuit court's summary denial of all postconviction
• Broom v. State
  907 So. 2d 1261· Fla. 3d DCA· 2005-08-03 ·cited 46×
  Anthony Broom appealed the denial of his habeas corpus petition by the Miami-Dade Circuit Court. The Third District reversed, holding that the Miami-Dade court lacked jurisdiction to consider collateral attacks on his conviction and sentence, which must be brought in the county w
• Loran Cole v. State
  841 So. 2d 409· Fla.· 2003-01-16 ·cited 46×
  Loran Cole, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of all claims, rejecting ineffective assistance of trial counsel arguments under Str
• Eutzy v. State
  541 So. 2d 1143· Fla.· 1989-03-28 ·cited 46×
  William Eutzy, a death row inmate, appealed the trial court's denial of his second Rule 3.850 motion to vacate his conviction and death sentence for first-degree murder. The Florida Supreme Court affirmed the denial, holding that all claims were procedurally barred either because
• Kennedy v. Louie L. Wainwright
  483 So. 2d 424· Fla.· 1986-02-12 ·cited 46×
  Edward Kennedy, a death row inmate, petitioned for habeas corpus relief challenging his capital convictions and death sentences on grounds that prospective jurors opposed to capital punishment were unconstitutionally excluded from his jury, and that he received ineffective assist
• Moran v. Estelle
  607 F.2d 1140· 5th Cir.· 1979-12-07 ·cited 46×·via Federal Habeas Corpus
  The court held that a state court's adjudication of a constitutional claim on its merits, despite a procedural default, allows federal habeas review, and that a simple minute entry is insufficient to prove a knowing and intelligent waiver of counsel.