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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2020 WL 2188675·
M.D. Fla.·
2020-05-20
·cited 1×
James Matthew Menard, a Florida prisoner convicted of aggravated battery, armed trespass, and third-degree felony murder, sought federal habeas relief challenging his convictions and sentences on multiple grounds, including claims of ineffective assistance of counsel and sentenci
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The appellate court denied a petition for a writ of habeas corpus filed by Jerry Duckworth. Duckworth argued that the jury instructions at his trial were fundamentally erroneous because they failed to define "weapon." The court found that while the written instructions were defic
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The appellate court denied a petition for a writ of habeas corpus, finding that a thirty-year sentence for selling heroin, enhanced under the habitual offender statute, was neither cruel and unusual punishment nor an ex post facto violation.
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207 So. 3d 224·
Fla. 1st DCA·
2020-04-24
·cited 1×
The appellate court affirmed the trial court's denial of a motion to modify sentence. The appellant sought sentence reduction based on a victim's father's affidavit, but the court found the motion was untimely and improperly filed under the wrong rule.
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M.D. Fla.·
2020-03-24
·cited 1×
The court held that the petitioner's claims regarding competency, ineffective assistance of counsel, and prosecutorial misconduct lacked merit and were denied.
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The appellate court affirmed the lower court's denial of a habeas corpus petition. The court found that the petitioner's claims were previously adjudicated and therefore precluded from reconsideration.
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The Florida Supreme Court denied a petition for a writ of habeas corpus filed by Benito Concepcion, who sought to overturn his murder and kidnapping convictions based on alleged prosecutorial misconduct twenty years prior. The court found that habeas corpus was not the proper rem
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The court granted a petition for a writ of habeas corpus, holding that the State cannot rely solely on hearsay testimony to establish probable cause at an adversary preliminary hearing. This decision clarifies the evidentiary standards required for such hearings.
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2019 WL 3209880·
M.D. Fla.·
2019-12-02
·cited 1×
The court held that the petitioner's motion to stay federal habeas proceedings pending a decision on the cognizability of freestanding actual innocence claims should be denied because the petitioner failed to demonstrate actual innocence.
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283 So. 3d 440·
Fla. 3d DCA·
2019-11-06
·cited 1×
Frank Owens, an incarcerated prisoner, appealed the summary denial of his habeas corpus petition challenging his Close Management segregation status. The appellate court found the lower court lacked territorial jurisdiction because Owens had been transferred out of Miami-Dade Cou
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The appellate court denied a petition for a writ of habeas corpus, affirming the trial court's decision to deny a defendant's request for release on his own recognizance (ROR). The court held that the defendant, who was on house arrest, did not meet the "physical custody" require
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936 F.3d 1252·
11th Cir.·
2019-08-30
·cited 1×
Mark Allen Jenkins, sentenced to death for the 1989 murder of Tammy Ruth Hogeland, appealed his conviction and death sentence on grounds of ineffective assistance of counsel during the penalty phase and intellectual disability under Atkins v. Virginia. The Eleventh Circuit affirm
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277 So. 3d 1118·
Fla. 2d DCA·
2019-08-14
·cited 1×
Although appellate counsel's performance was not deficient under Shelley (the law at the time of appeal), Medina's convictions for solicitation and traveling after solicitation violate double jeopardy under the current law established in Lee v. State because the charging document
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Appellant appeals the dismissal of his petition for writ of habeas corpus raising multiple claims regarding his conviction and sentence. The court affirmed the dismissal, finding that habeas corpus was an improper vehicle for the claims raised and that the claims were time-barred
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Jessie L. Weiner, the current wife of a party to a custody action, was found in indirect criminal contempt for violating court orders directing her husband to keep custody case information off social media. The court granted her petition for writ of habeas corpus and quashed the
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A trial court may order competency restoration treatment in a custodial facility only when the constitutional and statutory criteria for pretrial detention are met, appropriate treatment is available at the facility, less restrictive alternatives have been exhausted, and periodic
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275 So. 3d 841·
Fla. 1st DCA·
2019-07-16
·cited 1×
A petition for habeas corpus is not available for collateral postconviction relief, and a motion for postconviction relief is time-barred if filed more than two years after judgments and sentences become final.
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A petition for writ of habeas corpus raises a frivolous claim and must be denied.
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Verdicts finding a defendant guilty of robbery with a firearm or deadly weapon and finding the defendant did not possess an actual firearm are not truly inconsistent when the defendant threatened the victim with a firearm-looking weapon used in a manner likely to produce death or
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When a criminal defendant has been found incompetent to proceed and is ineligible for commitment under section 916.13 because there is no substantial probability of regaining competency in the reasonably foreseeable future, the state must either institute civil commitment proceed
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Habeas corpus petitions challenging convictions or sentences must be treated as postconviction motions under Florida Criminal Procedure Rule 3.850 filed in the sentencing court, not as separate civil proceedings.
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271 So. 3d 87·
Fla. 3d DCA·
2019-02-27
·cited 1×
Three juveniles appealed or petitioned against "do not run" orders issued in their delinquency cases. The court upheld the orders for S.F. and N.A., finding statutory authority in Florida's juvenile detention statutes, but reversed A.A.'s contempt conviction because the contempt
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J.A., a juvenile on probation, violated a trial court's "Do Not Run Order" by leaving her mother's home without permission for ten consecutive days. The trial court found J.A. in indirect criminal contempt on ten separate counts and sentenced her to ten consecutive days in secure
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When a defendant found incompetent to proceed and conditionally released commits a new offense, the trial court may only modify the conditions of release or involuntarily commit the defendant to treatment, not detain him in jail pending evaluation.
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A trial court's denial of a habeas corpus petition is affirmed when the petition lacks merit.
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The petition for writ of habeas corpus is dismissed.
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259 So. 3d 202·
Fla. 3d DCA·
2018-10-17
·cited 1×
Appellate counsel's failure to seek discretionary review with the Florida Supreme Court after the appellate court's affirmance cited to a case pending before the Florida Supreme Court constituted ineffective assistance of appellate counsel under the Strickland standard, entitling
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A co-conspirator's sworn statement can satisfy the Arthur standard of "proof is evident or presumption is great" when the statement is internally consistent and uncontradicted, particularly when corroborated by additional circumstantial evidence such as threats and financial moti
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254 So. 3d 1002·
Fla. 4th DCA·
2018-09-05
·cited 1×
A trial court's erroneous belief that it is required to impose a life sentence under the HVFO statute constitutes grounds for habeas corpus relief and resentencing, even where the issue was previously raised and denied, when the court's error is clear from the record and granting
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Yordany Enrique Basulto Vargas petitioned for a writ of habeas corpus challenging his detention in Miami-Dade County jail on a Colorado fugitive warrant while facing concurrent Florida cannabis trafficking charges. The Florida Supreme Court denied the petition, finding Vargas's d
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A habeas corpus petition challenging the sufficiency of a charging document must be transferred to the court that issued the conviction, not dismissed as unauthorized.
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252 So. 3d 348·
Fla. 3d DCA·
2018-07-25
·cited 1×
A habeas corpus petition alleging ineffective assistance of appellate counsel filed more than two years after conviction becomes final on direct review must be dismissed as untimely unless the petitioner alleges under oath with specific factual basis that counsel affirmatively mi
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The trial court properly denied appellant's Rule 3.850 motion for postconviction relief.
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Florida courts have statutory and rule-based authority under § 903.046(2) and Fla. R. Crim. P. 3.131(b) to condition bail on inquiry into the source of funds used to post bail. A defendant is not unlawfully detained when the source-of-funds condition is imposed at first appearanc
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The defendant petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel because his appellate counsel failed to raise a prosecutorial misconduct argument that his co-defendant's counsel successfully raised on appeal. The Fourth District Court of
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Ernest D. Suggs appealed the denial of his motion under Florida Rule of Criminal Procedure 3.851 and his habeas corpus petition, seeking relief based on Hurst v. Florida. The Florida Supreme Court affirmed the denial, holding that Hurst does not apply retroactively to Suggs' deat
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Nelson sought habeas corpus relief challenging his continued detention beyond 40 days without formal charges, claiming the State's failure to file an information entitled him to release on recognizance. The court denied relief, finding that a Florida Supreme Court administrative
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The court held that the petitioner is barred from future pro se filings in this court concerning the specific Miami-Dade County Circuit Court case due to abuse of the legal process.
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A 14-year-old juvenile charged as an adult with armed carjacking and robbery seeks habeas corpus relief challenging his detention without bond. The court upholds the no-bond order, holding that changes to Florida's juvenile sentencing law in 2014 now make life imprisonment a poss
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Troy Singleton appeals the denial of his motion to correct an allegedly illegal 30-year habitual felony offender sentence for burglary, arguing the trial court believed it lacked discretion to impose a lower sentence. The appellate court treats the appeal as a habeas corpus petit
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Antonio Doll petitioned for a writ of habeas corpus claiming improper designation as a habitual violent felony offender and illegal sentences. The Florida District Court of Appeal, Third District, denied his petition and issued an order to show cause regarding his pattern of repe
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The court held that the trial court's failure to follow mandatory procedures for indirect contempt warrants granting a writ of habeas corpus.
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Petitioner Jimenez sought habeas corpus relief from a resentencing order entered by the trial court before the appellate court's mandate issued. The court granted the petition because the trial court lacked jurisdiction to enter the resentencing order prior to the issuance of the
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Jorge Guzman petitioned for habeas corpus relief after the trial court ordered him held without bond following his failure to appear in court, without conducting a proper hearing or making required statutory findings. The Third District Court of Appeal granted the petition, findi
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Aguirre was convicted and sentenced to death for the 2004 murders of two neighbors based primarily on forensic evidence linking him to the crime and testimony from the victim's daughter, Samantha Williams. On postconviction review, newly discovered DNA evidence showed Samantha's
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Petitioner Gene Anthony Elsperman was convicted of two counts of aggravated assault with a firearm and sentenced to consecutive 20-year minimum mandatory sentences. After the Florida Supreme Court held in Williams v. State that trial courts have discretion to impose mandatory min
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The court held that the defendant was not entitled to relief on his motion to correct an illegal sentence or for habeas corpus, as no manifest injustice occurred.
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The court held that a $150,000 bond was excessive and punitive given the defendant's limited financial resources and the availability of special conditions to ensure appearance and community safety.
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Petitioner sought habeas corpus relief from involuntary substance abuse treatment ordered under the Marchman Act. The court granted the petition and quashed the order extending her commitment because the renewal petition was filed untimely under Florida Statute § 397.6975(1), whi
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160 So. 3d 476·
Fla. 2d DCA·
2015-02-20
·cited 1×
Florida appellate court affirmed denial of habeas corpus petition where defendant challenged jury instruction on duty to retreat, holding the standard instruction that defendant had no duty to retreat if not engaged in unlawful activity was not erroneous and did not constitute ma