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

• Cook v. Bordenkircher
  602 F.2d 117· 6th Cir.· 1979-06-28 ·cited 46×·via Habeas Corpus Review
  The court held that while the prosecutor's closing argument was improper and inexcusable, it did not rise to the level of a due process violation warranting habeas corpus relief due to overwhelming evidence of guilt.
• Willeford v. Estelle
  538 F.2d 1194· 5th Cir.· 1976-09-20 ·cited 46×·via Federal Habeas Corpus
  The court held that the Texas Court of Criminal Appeals' reformation of a sentence, even if erroneous under state law, is a matter of state law and not a federal constitutional issue cognizable on federal habeas corpus.
• Latham v. Crouse
  320 F.2d 120· 10th Cir.· 1963-07-10 ·cited 46×·via Federal Habeas Corpus
  The court held that the petitioners' constitutional rights were not violated by the denial of counsel before the preliminary examination or by the admission of their confessions.
• Simmons v. United States
  253 F.2d 909· 8th Cir.· 1958-04-18 ·cited 46×·via Writ Of Habeas Corpus Ad Subjiciendum
  A federal prisoner must exhaust remedies under 28 U.S.C.A. § 2255 in the sentencing court before seeking habeas corpus relief, even for issues of mental competency at the time of trial, unless a specific certification under 18 U.S.C.A. § 4245 has been filed.
• Anton Krawczuk v. State
  92 So. 3d 195· Fla.· 2012-04-12 ·cited 45×
  Anton Krawczuk appeals the denial of his motion to vacate his conviction and death sentence for first-degree murder, raising claims of ineffective assistance of counsel, judicial bias, prosecutorial misconduct, and insufficient mitigation investigation. The Florida Supreme Court
• Evans v. Singletary
  737 So. 2d 505· Fla.· 1999-06-17 ·cited 45×
  Andre Evans petitioned for habeas corpus challenging the Florida Parole Commission's authority to place him on Conditional Release supervision and revoke it after he violated supervision terms. The Florida Supreme Court held that while the State cannot transfer Conditional Releas
• Elwood C. Barclay v. Louie L
  444 So. 2d 956· Fla.· 1984-01-19 ·cited 45×
  Barclay sought habeas corpus relief from his death sentence for first-degree murder, arguing his appellate counsel had a conflict of interest by simultaneously representing both him and his co-defendant Dougan, and that counsel provided ineffective assistance. The Florida Supreme
• Niziolek v. Ashe
  694 F.2d 282· 1st Cir.· 1982-11-24 ·cited 45×
  The court held that the Rose v. Lundy 'total exhaustion' rule does not require a federal appellate court to decline review of a district court decision on the merits of exhausted claims in a mixed petition when the district court opinion issued before Rose or so close in time as
• Johnston v. Honorable Rabe F. Marsh
  227 F.2d 528· 3d Cir.· 1955-11-30 ·cited 45×·via Habeas Corpus Proceedings
  The court held that the district judge acted within his jurisdiction in admitting a state prisoner to bail pending a habeas corpus hearing.
• State v. Horne
  52 Fla. 125· Fla.· 1906-06-01 ·cited 45×·via Habeas Corpus Proceedings
  The Florida Supreme Court held that a conditional pardon remains enforceable even after the specific time period mentioned in the original sentence expires, and that violation of pardon conditions at any time renders the pardon void and subjects the parolee to re-imprisonment for
• Ferrell v. State
  918 So. 2d 163· Fla.· 2005-06-16 ·cited 44×
  Jack Dempsey Ferrell, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas petition challenging his death sentence. The Florida Supreme Court affirmed the trial court's denial of relief on all claims, including ineffective assistance
• Marshall v. Crosby
  911 So. 2d 1129· Fla.· 2005-05-26 ·cited 44×
  Matthew Marshall, a death row inmate, petitioned for habeas corpus relief challenging his death sentence for a 1988 murder, raising claims of ineffective appellate counsel, constitutional violations under Apprendi and Ring, and arbitrary application of Florida's jury override sta
• Johnson v. State
  903 So. 2d 888· Fla.· 2005-03-31 ·cited 44×
  Ronnie Johnson, sentenced to death for two 1989 murders, appeals the denial of his Rule 3.850 post-conviction motion raising claims of ineffective assistance of counsel and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the circuit court's denial of all
• Phillips v. State
  894 So. 2d 28· Fla.· 2004-10-14 ·cited 44×
  Harry Franklin Phillips, a death row inmate, appealed the denial of his amended postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial of postconvictio
• Deaton v. Dugger
  635 So. 2d 4· Fla.· 1993-10-07 ·cited 44×
  Jason Deaton appealed the denial of his postconviction relief motion challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the denial of relief as to the conviction but affirmed the trial court's grant of relief as to the sentence,
• Reyes Barrera, Jr. v. Young
  794 F.2d 1264· 7th Cir.· 1986-07-09 ·cited 44×·via Habeas Corpus Review
  The court held that Barrera's confession was voluntary and did not violate his Sixth Amendment right to counsel, as he knowingly and intelligently waived his rights despite the interrogation tactics used.
• In re the Petition of Carl Hill for Writ of Habeas Corpus. Carl Basil Angelo Hill v. United States Immigr. & Naturalization Serv.
  775 F.2d 1037· 9th Cir.· 1985-11-01 ·cited 44×·via Habeas Corpus Proceedings
  The court held that the Equal Access to Justice Act (EAJA) does not apply to habeas corpus proceedings challenging immigration exclusion policies, and that the government's position was substantially justified, thus denying attorneys' fees.
• Martin v. Kemp
  760 F.2d 1244· 11th Cir.· 1985-05-21 ·cited 44×
  The court held that a guilty plea induced by threats against a third party is not an absolute bar to challenging the plea's voluntariness, and a remand for an evidentiary hearing is necessary if the state did not have probable cause for the threats.
• McKEEVER v. Israel
  689 F.2d 1315· 7th Cir.· 1982-09-29 ·cited 44×·via Federal Habeas Corpus
  The dissenting judge disagrees with the majority's decision to reverse the dismissal and remand for appointment of counsel and reconsideration of other issues, arguing the majority erred in directing counsel appointment and in its approach to prisoner civil rights cases.
• Taylor v. Lombard
  606 F.2d 371· 2d Cir.· 1979-10-01 ·cited 44×·via Habeas Corpus Review
  A prosecutor's knowing use or acquiescence in perjured testimony, even if only related to witness credibility, violates due process and warrants reversal.
• Smith v. United States
  577 F.2d 1025· 5th Cir.· 1978-08-07 ·cited 44×·via Habeas Corpus Relief
  A parolee is not automatically entitled to release due to a delay in a final revocation hearing beyond 90 days if there is no intentional violation, no demand for a hearing until after the period expired, no prejudice from the delay, and the revocation results from a new offense.
• Gonzales v. Stone
  546 F.2d 807· 9th Cir.· 1976-10-19 ·cited 44×·via Federal Habeas Corpus
  A federal court must decline to decide any issues in a habeas corpus petition until all claims raised have been exhausted in state court, absent specific mitigating circumstances.
• United States v. Loschiavo
  531 F.2d 659· 2d Cir.· 1976-03-03 ·cited 44×·via Habeas Corpus Relief
  A federal court of appeals decision clarifying that a specific individual was not a federal official under 18 U.S.C. § 201 can constitute a change in law allowing for collateral relief under § 2255, even if the issue was not squarely raised on direct appeal.
• Horace v. Culver
  111 So. 2d 670· Fla.· 1959-05-06 ·cited 44×
  A prior adjudication of incompetence, not overcome by proof of current sanity, renders subsequent guilty pleas and sentences void, and habeas corpus is the proper remedy.
• Buchanan v. State of Fla. & Nathan Mayo
  111 So. 2d 51· Fla. 1st DCA· 1959-04-21 ·cited 44×
  Edward Buchanan petitioned for habeas corpus challenging his convictions and 20-year consecutive sentences for lewd and lascivious conduct with a 13-year-old girl under Florida's Child Molester Act. The appellate court upheld the dismissal of his habeas petition but reversed and
• Wickham v. State
  124 So. 3d 841· Fla.· 2013-05-02 ·cited 43×
  Jerry Michael Wickham, convicted of first-degree murder and sentenced to death in 1986, appeals the denial of his postconviction motion for relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus. The Florida Supreme Court affirmed the deni
• Thompson v. State
  88 So. 3d 312· Fla. 4th DCA· 2012-05-02 ·cited 43×·via Habeas Corpus Proceedings
  The Fourth District Court of Appeal affirmed the summary denial of Charles Thompson's Rule 3.850 postconviction motion seeking relief based on claims of ineffective assistance of counsel regarding his trial competency. The court clarified the legal standards distinguishing betwee
• Jones v. Butler
  864 F.2d 348· 5th Cir.· 1988-12-21 ·cited 43×·via Federal Habeas Corpus
  A contemporaneous objection to the use of peremptory challenges to exclude jurors based on race is a necessary predicate for later raising a Batson claim, even in federal habeas corpus proceedings.
• Doyle v. State
  526 So. 2d 909· Fla.· 1988-06-23 ·cited 43×
  Daniel Lee Doyle, a death row inmate, sought a writ of habeas corpus and review of the denial of his 3.850 motion for post-conviction relief on claims including Caldwell impropriety, ineffective assistance of counsel, interrogation violations, and execution of the mentally retard
• United States ex rel. Johnnie L. Savory v. Lane
  832 F.2d 1011· 7th Cir.· 1987-10-30 ·cited 43×·via Federal Habeas Corpus
  The court held that even though constitutional errors occurred during the trial, they were harmless beyond a reasonable doubt because the evidence of guilt was overwhelming.
• Wardell Riley v. Louie L. Wainwright
  517 So. 2d 656· Fla.· 1987-09-03 ·cited 43×
  Florida Supreme Court granted habeas corpus relief to a death row inmate, Wardell Riley, finding that his 1976 jury sentencing recommendation violated Lockett v. Ohio because the jury was improperly restricted to considering only statutory mitigating factors rather than all relev
• Jarrell v. Balkcom
  735 F.2d 1242· 11th Cir.· 1984-06-20 ·cited 43×·via Habeas Corpus Relief
  The court held that the petitioner's confession was not tainted by an illegal arrest, unlawful inducement, or stale Miranda warnings, and that the trial court conducted an adequate voluntariness hearing.
• Klein v. Harris
  667 F.2d 274· 2d Cir.· 1981-12-15 ·cited 43×·via Habeas Corpus Review
  A state court's constitutional error at trial can warrant federal habeas relief, even considering principles of comity and finality.
• Dietz v. Warden
  640 F.2d 126· 8th Cir.· 1981-01-30 ·cited 43×·via Federal Habeas Corpus
  A jury instruction creating a burden-shifting presumption of intent violates due process and requires federal habeas relief, even if not objected to at trial, provided the petitioner can show cause for the failure to object.
• Rosin v. Anderson
  155 Fla. 673· Fla.· 1945-03-06 ·cited 43×
  The court held that the information failed to charge any offense against the accused, thus entitling him to discharge.
• State of Fla. ex rel. Helen D. Perky v. Jefferson B. Browne
  105 Fla. 631· Fla.· 1932-06-06 ·cited 43×
  The Florida Supreme Court held that a circuit court in one judicial circuit lacks jurisdiction to discharge a person detained under a writ of ne exeat properly issued by a circuit court in another judicial circuit through habeas corpus proceedings, unless the original writ is voi
• Mungin v. Sec'y, Fla. Dep't of Corr.
  89 F.4th 1308· 11th Cir.· 2024-01-08 ·cited 42×·via Federal Habeas Corpus
  The Eleventh Circuit affirmed the denial of Mungin's habeas petition, holding that two ineffective assistance of counsel claims failed on the merits and two were barred by the statute of limitations.
• Diaz v. State
  132 So. 3d 93· Fla.· 2013-11-21 ·cited 42×
  Joel Diaz appeals the denial of his motion to vacate his death sentence for first-degree murder and his motion claiming ineligibility for execution due to mental retardation. The Florida Supreme Court affirmed the postconviction court's rejection of multiple claims of juror misco
• Reynolds v. State
  99 So. 3d 459· Fla.· 2012-09-27 ·cited 42×
  Michael Gordon Reynolds appeals denial of his motion to vacate convictions for first-degree murder of Robin and Christina Razor and sentences of death, and petitions for writ of habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief, rejecting his cl
• State v. Larzelere
  979 So. 2d 195· Fla.· 2008-02-28 ·cited 42×
  Virginia Larzelere was convicted of murdering her husband and sentenced to death. The Florida Supreme Court affirmed the denial of her motion to vacate her conviction but affirmed the trial court's grant of a new sentencing proceeding, finding that her trial counsel provided inef
• S.B. v. Dep't OF Child. & Families
  851 So. 2d 689· Fla.· 2003-07-10 ·cited 42×
  In civil dependency proceedings that do not involve the possibility of criminal charges or permanent termination of parental rights, there is no constitutional right to counsel, and thus no right to collaterally challenge the effectiveness of court-appointed counsel.
• Rogers v. Singletary
  698 So. 2d 1178· Fla.· 1996-11-27 ·cited 42×
  Jerry Layne Rogers petitioned for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a Faretta self-representation claim on direct appeal. The Florida Supreme Court denied the petition, holding that the trial court properly inquired into Roge
• Frey v. Fulcomer
  974 F.2d 348· 3d Cir.· 1992-08-20 ·cited 42×·via Habeas Corpus Relief
  The dissenting judge holds that the defendant's counsel's reliance on an unconstitutional statute during the penalty phase constituted ineffective assistance, creating a reasonable probability of a different outcome and thus prejudice under Strickland v. Washington.
• Marek v. Dugger
  547 So. 2d 109· Fla.· 1989-05-11 ·cited 42×
  The court held that the trial court properly denied Marek's motion to vacate judgment and sentence and his petition for habeas corpus relief.
• Berrisford v. Wood
  826 F.2d 747· 8th Cir.· 1987-08-14 ·cited 42×·via Habeas Corpus Review
  The court affirmed the denial of the habeas petition, finding no constitutional error in the admission of evidence or jury instructions, and sufficient evidence for the conviction.
• Earnest Knighton, Jr. v. Maggio
  740 F.2d 1344· 5th Cir.· 1984-08-27 ·cited 42×·via Habeas Corpus Relief
  The court held that the petitioner did not receive ineffective assistance of counsel and denied his habeas corpus petition.
• Jacks v. Duckworth
  651 F.2d 480· 7th Cir.· 1981-06-10 ·cited 42×·via Habeas Corpus Review
  The dissenting judge argues that the state trial court's use of Instruction No. 5 impermissibly shifted the burden of proof on an essential element of the crime, and the admission of the defendant's request to speak to a lawyer was prejudicial error.
• Dollree Mapp and Alan Lyons v. Warden, NEW York State Corr. Inst. FOR Women, Bedford Hills, NEW York, & Warden, Great Meadow Corr. Facility, Comstock, N.Y.
  531 F.2d 1167· 2d Cir.· 1976-03-16 ·cited 42×·via Habeas Corpus Review
  The court held that the evidence seized was the product of a constitutional search, and therefore the dismissal of the habeas corpus petition was proper.
• Grasso v. Norton
  520 F.2d 27· 2d Cir.· 1975-06-23 ·cited 42×·via Habeas Corpus Proceedings
  The court held that the Parole Board's practices do not provide (a)(2) prisoners with as effective and meaningful parole consideration as other prisoners, failing to give sufficient weight to rehabilitation.
• Thaddeus King, Jr. v. Beto
  429 F.2d 221· 5th Cir.· 1970-07-06 ·cited 42×
  The court held that the petitioner was denied effective assistance of counsel, violating his Sixth and Fourteenth Amendment rights.