4,117 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that a writ of habeas corpus must be denied if there is no evidence that the prosecution knowingly used perjured testimony to obtain a conviction.
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The court held that the denial of the petition for a writ of habeas corpus was correct because the appellant was properly indicted and his constitutional rights were not violated.
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The court held that a habeas corpus petition cannot be used as a substitute for a direct appeal when the petitioner had the opportunity to appeal a conviction.
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A guilty plea obtained by trickery or coercion is invalid and does not waive the right to challenge the conviction.
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The court held that the petition for writ of habeas corpus, when amplified by the appellate brief, stated sufficient grounds to warrant further proceedings in the lower court.
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The court held that the petition for a writ of habeas corpus must be denied due to procedural deficiencies and lack of merit.
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The court held that the sentencing judge's recommendation against deportation, made pursuant to Section 19 of the Immigration Act of 1917, is binding on the Attorney General when the crime was committed within the United States prior to the alien's entry, even if the alien admitt
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Jesse Mowery petitioned for habeas corpus challenging his life sentence under Florida's Baumes Law (habitual offender statute) as a fourth felony offender. The Florida Supreme Court held that one of his prior convictions did not qualify as a predicate offense because it was not s
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The court held that the petition, despite lacking precision, contained sufficient allegations to require a hearing.
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The court held that a writ of habeas corpus cannot address the lawfulness of a potential future imprisonment under a separate sentence.
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The court held that a prisoner's claim of an appellate court misstating facts, when those facts supported the appellate court's legal conclusion, does not constitute a denial of due process cognizable in habeas corpus. The court also found the challenge to the Indeterminate Sente
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155 F.2d 909·
7th Cir.·
1946-05-17
·cited 2×
The court held that a state prisoner's claim that he was denied due process by the lack of appointed counsel was not grounds for habeas corpus relief when the prisoner had competently and intelligently waived his right to counsel under state law, and the state court had already a
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The court held that the district court properly denied the petition for a writ of habeas corpus, affirming the judgment.
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The court held that a prior decision of the Supreme Court did not invalidate the indictment, as the facts presented were distinguishable.
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The court held that the trial court properly disregarded prior custody orders from other states and awarded custody based on the child's best interests.
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The court held that the district court correctly denied the writ of habeas corpus because the appellant was competent when pleading guilty and was not subjected to cruel and inhuman treatment.
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The court held that it could not issue a supplemental mandate to compel disclosure of grand jury witnesses because the prior appeal was dismissed as moot and did not address that issue.
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The court held that the trial court's findings were not clearly erroneous and were supported by evidence, affirming the discharge of the writ of habeas corpus.
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The court held that the Supreme Court's decision rendered the current appeals moot, requiring reversal and dismissal.
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The court held that the petitioner was not denied effective assistance of counsel, as evidence showed he waived his right to counsel.
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The court held that the petitioner's application for a writ of habeas corpus is without merit and cannot be granted.
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The Florida Supreme Court held that Miami's city ordinance regulating liquor licenses conflicted with state law (Chapter 16774, Acts of 1935) and was therefore invalid. The petitioner was arrested for operating a liquor business without paying the city license tax required under
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In a habeas corpus proceeding, the Florida Supreme Court affirmed the Circuit Court's judgment remanding a petitioner to the County Court for correction of an allegedly defective judgment. The Court held that while habeas corpus may test the legality of commitment, remand for cor
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In a habeas corpus proceeding, Bill Young challenged the validity of the criminal information filed by an assistant county solicitor on the grounds that the Florida Constitution required the prosecuting attorney to file all information. The Florida Supreme Court affirmed the deni
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Rufus Chesser, convicted of murder and sentenced to death, petitioned for habeas corpus claiming he had become insane after conviction. The Florida Supreme Court denied the petition but established the proper procedure for raising post-conviction insanity claims: application to t
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L.A. Peek challenged his conviction for maintaining a nuisance in West Palm Beach's municipal court, arguing the court lacked legal existence because its judge was appointed by the city commission rather than elected by voters. The Florida Supreme Court upheld the municipal court
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Edgar C. Frady sought a supersedeas (stay) of a circuit court order denying him bail while held on a murder indictment. The Florida Supreme Court denied the application, holding that granting a supersedeas would improperly reverse the lower court's bail determination before the w
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Walver Daniel Vilorio Moncada, an immigration detainee, filed a habeas corpus petition under 28 U.S.C. § 2241 challenging his detention at Glades County Detention Center on Fifth Amendment Due Process grounds, claiming he was denied a bond hearing. The court dismissed the petitio
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2025 WL 2432501·
M.D. Fla.·
2025-12-16
·cited 1×
The court held that the plaintiff's release from custody moots his habeas corpus petition, and that a habeas petition is not the proper vehicle for civil rights claims.
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2006 WL 3086888·
M.D. Fla.·
2025-12-12
·cited 1×
A juvenile offender convicted of homicide does not have a constitutional right to a 'meaningful opportunity' for release under the Eighth Amendment, and parole-eligible life sentences are not prohibited by Miller v. Alabama.
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Michael Bernard Bell, convicted of two first-degree murders in 1993 and sentenced to death, appealed the denial of his successive motion for postconviction relief, which raised claims of newly discovered evidence in the form of Brady and Giglio violations based on alleged witness
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The court held that the petitioner's sole remaining habeas claim is procedurally defaulted and barred from federal review.
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2025 WL 18652·
N.D. Fla.·
2025-03-28
·cited 1×
The court recommended dismissal of the habeas corpus petition without prejudice.
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49 Fla. L. Weekly D1941·
Fla. 3d DCA·
2024-12-04
·cited 1×
Kevin Jordan, a sexually violent predator civilly committed under Florida law, appealed the dismissal of his habeas corpus petition filed in the wrong judicial circuit. The court reversed because the petition was filed in the Eleventh Judicial Circuit when Florida Rules of Civil
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Charity Noelle Wood appeals the trial court's order striking her habeas corpus petition filed while committed to a mental health facility after being found incompetent to proceed. The appellate court reversed, holding that Florida statute 916.107(9)(a) grants forensic clients the
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Fla. 3d DCA·
2023-10-18
·cited 1×
A habeas corpus petition based on appellate counsel's alleged ineffectiveness for failing to raise trial counsel's ineffectiveness claims lacks merit when the underlying ineffectiveness claim was already squarely rejected on direct appeal.
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A first appearance judge assigned to one case lacks authority to revoke pretrial release conditions in a separate case assigned to another judge unless specifically authorized by the judge who initially set the bail.
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A claim that the sentencing court misunderstood its sentencing options is not cognizable under rule 3.800(a) and, on the merits, mandatory minimum sentences under the 10-20-Life statute must be imposed consecutively when qualifying offenses were committed during separate criminal
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A petition for writ of habeas corpus may not be used to challenge the legality of a conviction or serve as a substitute for a rule 3.850 motion for postconviction relief.
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353 So. 3d 675·
Fla. 2d DCA·
2022-12-16
·cited 1×
The appellate court denied a habeas corpus petition as moot because the petitioner was released before the appeal was decided. However, the court explained that the petition would have been granted because an emergency duty judge improperly ordered the petitioner's detention with
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Jose Alcazar, a correctional officer charged with solicitation of first-degree murder and other crimes, petitioned for habeas corpus challenging the trial court's pretrial detention order. The Third District Court of Appeal held that solicitation of first-degree murder is not an
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Fla. 4th DCA·
2022-06-22
·cited 1×
A juvenile petitioner challenges his continued home detention beyond twenty-one days after being found incompetent to proceed, arguing the trial court lacks authority for such extension. The court holds that Florida Statute § 985.26(4)(a) provides authority for extended detention
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The appellate court dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody after entering a plea agreement. The court did not reach the merits of whether her pretrial release was improperly revoked.
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The Florida Supreme Court sanctioned pro se litigant Thaddeus C. Martin by barring him from filing further unrepresented petitions in the Court regarding his criminal convictions. Martin had filed sixteen frivolous or repetitive petitions since 2018, abusing the Court's limited j
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Fla. 1st DCA·
2021-06-28
·cited 1×
Cirilo Keshun Allen petitioned for a writ of habeas corpus to collaterally attack his 2002 robbery with a firearm conviction. The court dismissed the petition, finding that habeas corpus is not an appropriate vehicle for raising issues that were or should have been raised on dire
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320 So. 3d 228·
Fla. 2d DCA·
2021-04-09
·cited 1×
The appellate court held that a circuit court lacked jurisdiction to adjudicate misdemeanor offenses after a related felony charge was dismissed. Consequently, the defendant's misdemeanor convictions were vacated.
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277 So. 3d 226·
Fla. 1st DCA·
2021-01-25
·cited 1×
The appellate court dismissed a petition for a writ of habeas corpus, holding that it cannot be used as a substitute for direct appeal or postconviction relief for sentencing errors. The petitioner sought to challenge a consecutive sentence, but the court found that such issues s
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308 So. 3d 254·
Fla. 1st DCA·
2020-12-10
·cited 1×
Sovereign citizen legal theories asserting that an incorporated name is separate from a person for jurisdiction purposes have no basis in law and do not deprive courts of personal jurisdiction.