Habeas Corpus Jurisdiction

228 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Patterson v. Christensen
  133 Fla. 816· Fla.· 1938-08-02 ·cited 1×
  In this original habeas corpus proceeding, the Florida Supreme Court rejected a prisoner's challenge to detention under two warrants issued by a Justice of the Peace, holding that habeas corpus is not the appropriate vehicle to challenge venue unless the court is shown to lack ju
• Damion Saleem Mohammed v. Noem
  S.D. Fla.· 2025-09-04
  The court held that it lacks jurisdiction to consider a petition for habeas corpus challenging a final order of removal.
• Cruzado v. Fla. Dep't of Corr.
  M.D. Fla.· 2025-08-19
  The court held that a habeas corpus petition under 28 U.S.C. § 2241 must be filed in the district of the petitioner's custodian, and therefore transferred the case.
• Cole v. Dixon
  Fla. 1st DCA· 2024-01-31
  The appeal was dismissed pursuant to Wagner v. McDonough, 927 So. 2d 216, 217 (Fla. 1st DCA 2006).
• Dominguez v. Cloutier
  Fla. 1st DCA· 2024-01-31
  A trial court cannot impose a condition of pretrial release—specifically a monetary bond—that is unaffordable and unrelated to the defendant's financial circumstances, as this effectively converts the condition into an illegal jail term without compliance with the statutory pretr
• Hyppolite, III v. Kendall
  S.D. Fla.· 2024-01-25
  Ralph J. Hyppolite II filed a habeas corpus petition in the Southern District of Florida challenging his Air Force court martial sentence and subsequent parole status. The district court adopted in part a magistrate judge's recommendations, denying the habeas petition without pre
• Laureti v. Warden Fci-Miami
  N.D. Fla.· 2023-12-06
  The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of confinement, and therefore, the case must be transferred.
• D'Amico v. Connor
  Fla. 1st DCA· 2021-02-22
  The appellate court affirmed the trial court's dismissal of a habeas corpus petition. The petition challenged a conviction but was filed in the wrong county and sought relief that should have been pursued through a postconviction motion in the sentencing court.
• Chestel Thorson v. State
  Fla. 3d DCA· 2021-02-17
  A circuit court has jurisdiction to consider a habeas corpus petition only when claims concern incarceration conditions, not when they attack the validity of a judgment or sentence, which must be addressed in the trial court through Rules 3.800 or 3.850.
• Vaz v. Barr
  S.D. Fla.· 2020-07-16
  The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of confinement, and this petition was dismissed for lack of jurisdiction.
• Williams v. Hicks
  Fla. 1st DCA· 2020-07-13
  A non-sentencing trial court lacks jurisdiction to entertain a habeas corpus petition asserting claims cognizable under Florida Rules of Criminal Procedure 3.800 and 3.850.
• Wilson v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2020-02-28
  The court held that jurisdiction for a habeas petition challenging present physical confinement lies in the district of confinement.
• Kitchen v. State
  Fla. 3d DCA· 2020-02-05
• Dailey v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-10-23
  The court granted a limited stay of execution to allow newly appointed federal counsel sufficient time to review and present potential habeas corpus claims.
• Bernardo Gray v. State
  Fla. 4th DCA· 2018-10-10
  A first appearance judge must make a finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond; failure to make this finding constitutes error, though it may be harmless i
• Pressley Bernard Alston v. State
  Fla.· 2018-01-22
  A defendant's valid waiver of postconviction proceedings and counsel precludes him from raising a Hurst claim, and Hurst does not apply retroactively to sentences that became final before the Hurst decision.
• Elton Lee Baker v. Dep't OF Corr. & State of Fla.
  220 So. 3d 487· Fla. 5th DCA· 2017-04-28
  The court quashed the trial court's order denying habeas corpus relief and remanded for transfer to the proper county because the Marion County court lacked jurisdiction over convictions imposed in Sumter County.
• Gray v. Dep't OF Corr. & State of Fla.
  204 So. 3d 975· Fla. 5th DCA· 2016-12-02
  The court held that while the trial court erred in denying the habeas petition based on venue, the denial is affirmed because the petition was successive and improperly used to relitigate issues already raised or that could have been raised.
• Nelson v. Dep't OF Corr. & State of Fla.
  200 So. 3d 1300· Fla. 5th DCA· 2016-10-10
  A habeas corpus petition attacking the validity of a conviction must be brought in the circuit court of the county that rendered the judgment of conviction, even if the petitioner is incarcerated elsewhere.
• Bright v. Fla. Comm'n on Offender Review
  159 So. 3d 366· Fla. 1st DCA· 2015-03-12
  The appellate court held that the Santa Rosa County circuit court had proper jurisdiction to review the petition for writ of habeas corpus.
• Small v. State
  137 So. 3d 1123· Fla. 3d DCA· 2014-03-26
  The Eleventh Judicial Circuit lacked jurisdiction to consider a habeas corpus petition challenging a sentence, requiring the petitioner to seek relief in the circuit court where the conviction occurred.
• Bradford v. State
  93 So. 3d 1180· Fla. 1st DCA· 2012-08-03
  Jeff David Bradford, a state prisoner serving a life sentence since 1974, appealed the trial court's denial of his habeas corpus petition challenging the Florida Parole Commission's suspension of his presumptive parole release date. The appellate court affirmed, rejecting Bradfor
• Deandrea S. Thomas v. McNEIL
  990 So. 2d 1222· Fla. 1st DCA· 2008-09-22
  The court granted certiorari and quashed a habeas corpus dismissal order because the trial court lacked jurisdiction when the petitioner was never incarcerated in the county where the case was heard.
• Murray v. McKELVY
  401 F.3d 1288· 11th Cir.· 2005-03-07
  The Eleventh Circuit affirmed the district court's dismissal of a federal habeas petition challenging Massachusetts consecutive sentences, holding that § 2254 rather than § 2241 was the proper vehicle for such relief and that the petitioner failed to join necessary parties for hi
• Haralson v. State
  840 So. 2d 1094· Fla. 5th DCA· 2003-02-28
• Moore v. State
  813 So. 2d 201· Fla. 5th DCA· 2002-03-28
  The Fifth District Court of Appeal denied Moore's habeas corpus petition for lack of jurisdiction, holding that such petitions must be filed in the appellate district where the trial occurred, not where the defendant is incarcerated.
• Rodriguez v. Reno
  164 F.3d 575· 11th Cir.· 1999-01-04
  Ernesto Alonso Mejia Rodriguez, a Honduran national, challenged his 1994 deportation order through a § 2241 habeas corpus petition after his state drug conviction was vacated in 1997 on ineffective assistance of counsel grounds. The Eleventh Circuit affirmed the district court's
• Richardson v. Reno
  994 F. Supp. 1466· S.D. Fla.· 1998-02-13
  The court held that it has jurisdiction to review the denial of a bond hearing for a lawful permanent resident and that the 'arriving alien' designation, as interpreted by the BIA, does not apply to him.
• Velasco v. Horgan
  85 F.3d 520· 11th Cir.· 1996-06-10
  Frank Velasco appealed the denial of his habeas corpus petition challenging his detention and removal to New York, but the Court of Appeals for the Eleventh Circuit dismissed the appeal as moot because Velasco had been removed to the Southern District of New York, depriving the F
• Lambert N. DePOMPEI v. Ohio Adult Parole Auth.
  999 F.2d 138· 6th Cir.· 1993-07-14
  The court held that a habeas corpus petition's jurisdiction, once attached, is not defeated by the petitioner's release from custody, and potential collateral consequences can prevent a petition from being moot.
• Koetting v. R.G. Thompson
  995 F.2d 37· 5th Cir.· 1993-06-02
  The court held that the petition had an arguable basis in law and should not have been dismissed as legally frivolous, and that the district court's de novo review was presumed to be proper.
• Claudio v. Scully
  982 F.2d 798· 2d Cir.· 1992-12-28
  The court held that the failure of appellate counsel to raise a meritorious state constitutional claim regarding ineffective assistance of counsel constitutes a violation of the Sixth Amendment right to effective assistance of counsel.
• Gonzalo Fernos-Lopez v. Eloisa Figarella Lopez
  929 F.2d 20· 1st Cir.· 1991-03-27
  The court held that the petitioner was not 'in custody' when he filed his habeas corpus petition, thus the district court lacked jurisdiction.
• Fullan v. Comm'r OF Corr. OF the State OF NEW York & the Justices of the App. Div.
  891 F.2d 1007· 2d Cir.· 1989-12-12
  The dissenting judge holds that the petitioner's custody is not in violation of federal law and that he has not exhausted state remedies, thus federal habeas jurisdiction is improper.
• Hanahan v. Luther
  760 F.2d 148· 7th Cir.· 1985-04-19
  The district court lacked jurisdiction to entertain the petitioner's motion for sentence credit because it was a new habeas corpus petition that failed to name the proper respondent (the petitioner's custodian).
• Neal v. Delbert Jackson
  692 F.2d 783· D.C. Cir.· 1982-11-09
  The court denied the suggestion for rehearing en banc, affirming the panel's decision to deny the habeas corpus petition.
• The United States v. Ainsworth Charles Jackson. Appeal of Ainsworth C. Jackson
  684 F.2d 245· 3d Cir.· 1982-07-19
  The court held that a district court may have jurisdiction over a motion to vacate a prior sentence under 28 U.S.C. § 2255, even if the movant is no longer in custody for that sentence, if the prior sentence directly affects the duration of their current confinement.
• Hooks v. Wainwright
  540 F. Supp. 652· M.D. Fla.· 1982-06-07
  A federal court lacks jurisdiction to grant a stay of execution or appoint counsel for a state prisoner unless it is in connection with a habeas corpus proceeding, and jurisdiction is divested when an appeal is taken from a certified order.
• Schmunk v. State of Fla. ex rel. Ray Sandstrom
  353 So. 2d 907· Fla. 4th DCA· 1977-12-28
• Lantz v. Seamans
  504 F.2d 423· 2d Cir.· 1974-10-08
  The court held that the district court had jurisdiction over the habeas corpus petition because New York was the proper forum, despite the petitioner's custodian being located elsewhere.
• Lieutenant Robert E. Sholars v. Rear Admiral Alfred R. Matter
  491 F.2d 279· 9th Cir.· 1974-01-11
  The court held that jurisdiction for a habeas corpus petition under 28 U.S.C. § 2241 exists in the district where the petitioner has meaningful contacts with the custodial authority at the time of filing.
• United States ex rel. James Robert Anacker v. Major Robert Sparrow
  463 F.2d 1215· 7th Cir.· 1972-06-16
  The court held that the district court lacked jurisdiction because the named respondents were not within its territorial jurisdiction, following Schlanger v. Seamans.
• Ozel Conley v. Dauer
  463 F.2d 63· 3d Cir.· 1972-04-17
• Choung v. Misterly
  456 F.2d 176· 9th Cir.· 1972-03-06
  A state prisoner on bail at the time of filing a federal habeas corpus petition is not considered 'in custody' for jurisdictional purposes under 28 U.S.C. § 2241(c)(3).
• Swan v. Young
  413 F.2d 991· 8th Cir.· 1969-07-10
  The federal district courts correctly denied relief because the prisoners failed to exhaust their state remedies.
• State v. Stack
  33 Fla. Supp. 64· Broward Cty. Cir. Ct.· 1969-04-10
  Petitioners LaFratta and Fury challenged their convictions for selling a motor vehicle with a removed manufacturer's serial number by habeas corpus, arguing the information was fatally defective and void. The court granted the writs, finding the information failed to adequately i
• Weber v. Rivers
  376 F.2d 604· 4th Cir.· 1967-04-07
  The court held that the District Court for the Eastern District of Virginia lacked personal jurisdiction over the District of Columbia Parole Board and should have transferred the cases to the District of Columbia Circuit.
• Ex parte Roberts
  S.D. Fla.· 1926-01-09
  Federal district court denied habeas corpus petitions from state prisoners, holding that federal courts lack authority to issue such writs absent exceptional circumstances of peculiar urgency.