Habeas Corpus Petition

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

• FOX v. Johnson
  162 So. 3d 139· Fla. 2d DCA· 2014-12-31 ·cited 1×·via Writ Of Habeas Corpus
  The Florida District Court of Appeal, Second District, imposed restrictions on pro se filings by Robert M. Fox, Jr., a serial litigant who had initiated numerous frivolous proceedings in the court system. The court directed its clerk to reject future appeals and original proceedi
• Brooks v. State
  145 So. 3d 219· Fla. 1st DCA· 2014-08-22 ·cited 1×·via Habeas Corpus Relief
  The court held that an increase in the potential penalty faced by a defendant, due to the filing of more serious charges, can constitute a change in circumstances justifying an increase in bond.
• Toliver v. Crews
  146 So. 3d 64· Fla. 1st DCA· 2014-07-30 ·cited 1×·via Writ Of Habeas Corpus
  Toliver sought habeas corpus review of his conviction and sentence but faced a trial court order barring all future pro se filings. The appellate court affirmed the dismissal of the habeas petition but reversed the pro se filing bar for lack of proper procedural safeguards requir
• Reeves v. Nocco
  141 So. 3d 775· Fla. 2d DCA· 2014-07-11 ·cited 1×·via Writ Of Habeas Corpus
  Curtis Reeves, a 71-year-old retired police officer charged with second-degree murder in the shooting death of Chad Oulson in a movie theater, petitioned for a writ of habeas corpus challenging the denial of pretrial release. The court held that while the State may have met its b
• Gorham v. State
  142 So. 3d 905· Fla. 4th DCA· 2014-07-02 ·cited 1×
• Solomon Roberts v. State
  156 So. 3d 2· Fla. 3d DCA· 2014-01-29 ·cited 1×·via Writ Of Habeas Corpus
  Solomon Roberts appealed an order denying his motion to withdraw pleas entered over thirty years prior. The Florida Third District Court of Appeal affirmed the lower court's order and issued an order to show cause regarding Roberts's pattern of filing numerous pro se appeals, war
• Fuller v. State
  116 So. 3d 1277· Fla. 5th DCA· 2013-07-05 ·cited 1×·via Writ Of Habeas Corpus
  Fuller petitioned for a writ of habeas corpus after the trial court revoked his pretrial release without notice or hearing following an alleged SCRAM violation. The court held that while a defendant's breach of bond conditions forfeits the right to release under those terms, it d
• Carlo Woodson v. State
  114 So. 3d 1068· Fla. 1st DCA· 2013-06-05 ·cited 1×·via Writ Of Habeas Corpus
• Davies v. State
  107 So. 3d 1224· Fla. 5th DCA· 2013-02-22 ·cited 1×·via Habeas Corpus Relief
• J.L.B. v. Kelly
  93 So. 3d 1137· Fla. 2d DCA· 2012-08-01 ·cited 1×·via Writ Of Habeas Corpus
  The court held that assessing aggravating points on the Risk Assessment Instrument based on factors already accounted for in the RAI constitutes impermissible double scoring.
• V.P. v. State of Fla. & Dep't of Juv. Just.
  72 So. 3d 788· Fla. 4th DCA· 2011-10-19 ·cited 1×·via Writ Of Habeas Corpus
  A juvenile petitioned for habeas corpus challenging a trial court's placement on home detention with electronic monitoring and an 8 p.m. curfew pending placement in a moderate-risk residential program. The Fourth District Court of Appeal held that Florida Statutes section 985.27(
• D.J.P., JR. v. State
  67 So. 3d 1077· Fla. 2d DCA· 2011-07-08 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the defendant's plea appears involuntary because he was denied the benefit of his bargain regarding appellate review of the suppression order.
• Burney v. State
  56 So. 3d 773· Fla. 2d DCA· 2011-03-31 ·cited 1×
  The appellate court affirmed the denial of postconviction relief and dismissed a claim of ineffective appellate counsel. The court found the claim untimely and that the underlying issue, based on a now-receded supreme court decision, did not constitute a manifest injustice.
• Lowery v. State
  58 So. 3d 307· Fla. 1st DCA· 2011-02-28 ·cited 1×·via Habeas Corpus Relief
• Alvie Byrd-Green v. State
  40 So. 3d 848· Fla. 3d DCA· 2010-07-14 ·cited 1×·via Writ Of Habeas Corpus
  Byrd-Green appeals a trial court order denying his discovery motions on the ground that the court lacked jurisdiction due to a pending appeal of a mandamus petition denial. The appellate court holds that filing a notice of appeal from a mandamus denial does not divest the trial c
• D.M.H. v. Pietilla
  33 So. 3d 800· Fla. 5th DCA· 2010-04-23 ·cited 1×·via Writ Of Habeas Corpus
  D.M.H. appeals the denial of her habeas corpus petition challenging her involuntary inpatient placement under Florida's Baker Act, arguing that the hearing was unlawfully delayed because it was not held within five calendar days as she contends the statute requires. The court aff
• Walker v. Al Lamberti
  29 So. 3d 1172· Fla. 4th DCA· 2010-03-08 ·cited 1×·via Writ Of Habeas Corpus
  Walker petitioned for habeas corpus seeking discharge from a 30-day jail-based drug treatment program imposed as a sanction for failing a drug test in a pretrial intervention (PTI) program. The Florida Fourth District Court of Appeal denied the petition, holding that the legislat
• Arnold v. McNeil
  622 F. Supp. 2d 1294· M.D. Fla.· 2009-03-31 ·cited 1×
  The State failed to disclose material information concerning a key witness's crimes, violating the defendant's due process rights under Brady v. Maryland.
• Tonuya Rainey v. Al Lamberti
  9 So. 3d 58· Fla. 4th DCA· 2009-03-27 ·cited 1×
  Habeas corpus petition granted and remanded because the trial court failed to consider appropriate pretrial release factors under Florida law when setting bond, despite the bond amount itself not being inherently problematic.
• Jones v. Fla. Parole Comm'n
  4 So. 3d 91· Fla. 4th DCA· 2009-03-04 ·cited 1×·via Writ Of Habeas Corpus
  The circuit court did not err in dismissing the habeas corpus petition as untimely.
• Griffin v. McNEIL
  995 So. 2d 1178· Fla. 4th DCA· 2008-12-15 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a defendant cannot be sentenced for a crime with a firearm enhancement if the firearm element was not charged or found by the jury.
• Huntley H. Thompson v. State
  994 So. 2d 1176· Fla. 3d DCA· 2008-11-05 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the trial court properly denied the petition for a writ of habeas corpus because the claims were raised in a successive and time-barred manner, and the Brady claim was facially insufficient.
• Joseph v. State
  976 So. 2d 94· Fla. 3d DCA· 2008-02-27 ·cited 1×·via Writ Of Habeas Corpus
  Gregory Joseph appeals the denial of his second successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging his guilty plea to second-degree murder and aggravated child abuse. The appellate court affirmed the trial court's denial on pro
• Brooks v. Fla. Parole Comm'n
  974 So. 2d 494· Fla. 4th DCA· 2008-01-30 ·cited 1×·via Writ Of Habeas Corpus
  Lorenzo Brooks challenged the constitutionality of Florida's conditional release statutes as violating due process, arguing the statutes failed to provide a list of prohibited acts that could result in revocation. The court affirmed the circuit court's denial of his habeas petiti
• N.S. v. Flowers
  963 So. 2d 310· Fla. 4th DCA· 2007-08-14 ·cited 1×·via Writ Of Habeas Corpus
• Ric L. Bradshaw v. Sandler
  955 So. 2d 1219· Fla. 4th DCA· 2007-05-09 ·cited 1×·via Writ Of Habeas Corpus
  The Sheriff of Palm Beach County sought certiorari relief to overturn a trial court order requiring him to transport a pre-trial inmate to a private dentist for treatment. The court granted the petition and quashed the order, holding that decisions regarding jail inmate health ca
• Miller v. State of Fla. & Ken Jenne
  960 So. 2d 7· Fla. 4th DCA· 2007-01-19 ·cited 1×·via Writ Of Habeas Corpus
  Ricardo Miller challenged his involuntary commitment to a state forensic hospital for violating conditions of his conditional release. The court granted his habeas corpus petition, holding that the trial court lacked authority to commit him without evidence that he met the statut
• Russell v. Fla. Parole Comm'n
  946 So. 2d 32· Fla. 1st DCA· 2006-09-18 ·cited 1×·via Writ Of Habeas Corpus
• Cloyd v. State
  943 So. 2d 149· Fla. 3d DCA· 2006-07-12 ·cited 1×·via Writ Of Habeas Corpus
  Thomas Porter Cloyd, a copilot, was convicted of operating an aircraft while intoxicated in violation of Florida Statute § 860.13. The appellate court affirmed the conviction, rejecting preemption challenges, constitutional vagueness and delegation arguments, and evidentiary obje
• Everett v. State
  928 So. 2d 1241· Fla. 3d DCA· 2006-05-17 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a challenge to a guilty plea based on the lack of a factual basis is procedurally barred when raised in a habeas corpus petition after direct appeal and motion to withdraw plea. The court also found the claim to be without merit.
• Alvarez v. Crosby
  907 So. 2d 1231· Fla. 3d DCA· 2005-07-13 ·cited 1×·via Writ Of Habeas Corpus
  Hector Manuel Alvarez petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The appellate court initially reversed his convictions for sexual battery and lewd assault based on erroneous exclusion of impeachment testimony, but then affirmed after the S
• Tavia Smith v. McRAY
  907 So. 2d 575· Fla. 3d DCA· 2005-07-13 ·cited 1×·via Writ Of Habeas Corpus
  Tavia Smith sought a writ of habeas corpus challenging her pretrial detention without bond. The Florida District Court of Appeal granted the petition, finding the trial court lacked authority to order an immediate drug test and subsequent detention based solely on the petitioner'
• Demick v. Hadi
  894 So. 2d 1087· Fla. 2d DCA· 2005-03-09 ·cited 1×
  The court reversed the trial court's dismissal of a habeas corpus petition challenging civil detention under the Jimmy Ryce Act, holding that alleged violations of statutory time requirements are proper grounds for habeas relief and must be decided on the merits rather than dismi
• Valdes v. State
  892 So. 2d 565· Fla. 3d DCA· 2005-02-09 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the defendant's sentences were not illegal and did not violate Apprendi or Blakely.
• Gadson v. Jenne
  882 So. 2d 531· Fla. 4th DCA· 2004-09-22 ·cited 1×·via Writ Of Habeas Corpus
  Petitioner Gadson sought habeas corpus relief from revocation of his pretrial bond. The court granted the petition, holding that a second judge cannot reconsider and reverse a prior judge's bond decision without new evidence being presented.
• Thomas v. Fla. Parole Comm'n
  872 So. 2d 339· Fla. 2d DCA· 2004-04-14 ·cited 1×·via Writ Of Habeas Corpus
  Stanley Thomas challenged the revocation of his conditional release by the Florida Parole Commission. The court granted his certiorari petition, finding that his conditional release was illegally revoked because he was never properly ordered to complete the drug treatment conditi
• Kelley v. Singletary
  265 F. Supp. 2d 1305· S.D. Fla.· 2003-03-26 ·cited 1×·via Writ Of Habeas Corpus
  The court granted the State's motion for a stay pending appeal to avoid violating the 90-day retrial rule, but ordered the petitioner released from custody during the appeal, finding no risk of flight or danger.
• Cupon v. State
  833 So. 2d 302· Fla. 1st DCA· 2002-12-31 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus is the proper remedy to seek relief for ineffective assistance of appellate counsel when counsel fails to raise a preserved and meritorious issue that would have led to a different outcome.
• AMENDMENT TO THE FLA. RULES OF APP. PROCEDURE (RULE 9.142)
  837 So. 2d 911· Fla.· 2002-10-31 ·cited 1×·via Writ Of Habeas Corpus
  The Florida Supreme Court adopted a new appellate rule, Rule 9.142, to establish unified procedures governing review of death penalty cases, consolidating direct appeal procedures and creating a new mechanism for reviewing nonfinal orders in death penalty postconviction proceedin
• Brown v. Singletary
  229 F. Supp. 2d 1345· S.D. Fla.· 2002-09-09 ·cited 1×
  The court held that the petitioner has met his burden of establishing actual innocence, allowing procedurally defaulted claims to be heard.
• Heddie Smith Vereen v. Spears
  819 So. 2d 923· Fla. 3d DCA· 2002-06-19 ·cited 1×·via Habeas Corpus Relief
• Jeanty v. Bulger
  204 F. Supp. 2d 1366· S.D. Fla.· 2002-05-17 ·cited 1×
  Haitian nationals rescued from a boat in December 2001 sought habeas corpus relief and injunctive relief challenging their detention pending asylum proceedings. The INS had reversed its general presumption of release for undocumented Haitians arriving in South Florida, requiring
• Israel v. Jenne
  820 So. 2d 336· Fla. 4th DCA· 2002-03-11 ·cited 1×·via Writ Of Habeas Corpus
• Thompson v. State
  796 So. 2d 511· Fla.· 2001-09-20 ·cited 1×·via Writ Of Habeas Corpus
  Charlie Thompson, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion raising ineffective assistance of counsel claims. The Florida Supreme Court remanded three specific ineffective assistance claims for evidentiary hearing (jury voir dire, inv
• Bridges v. Vasquez
  151 F. Supp. 2d 1353· N.D. Fla.· 2001-07-06 ·cited 1×
  A federal defendant cannot use 28 U.S.C. § 2241 to challenge a conviction based on the Apprendi rule if 28 U.S.C. § 2255 will provide an adequate and effective remedy in due course.
• Harris v. State
  789 So. 2d 1114· Fla. 1st DCA· 2001-06-21 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a petition for a writ of habeas corpus was properly denied because it failed to state a facially sufficient claim under Florida Rules of Criminal Procedure 3.850 or 3.800(a).
• Shurman v. Moore
  783 So. 2d 1086· Fla. 1st DCA· 2001-01-26 ·cited 1×·via Writ Of Habeas Corpus
  The trial court departed from the essential requirements of law by misapplying precedent regarding the date for calculating gain-time credit.
• Winer v. Spears
  771 So. 2d 621· Fla. 3d DCA· 2000-11-22 ·cited 1×·via Writ Of Habeas Corpus
  The appellate court reviewed a denial of a bond reduction motion and a subsequent denial by a successor judge, with the concurring judge arguing that the bond was not shown to be excessive without knowing the value of proposed collateral.
• Murray v. Kearney
  770 So. 2d 273· Fla. 4th DCA· 2000-11-01 ·cited 1×·via Writ Of Habeas Corpus
  The court held that it lacked jurisdiction to grant the petition for writ of habeas corpus because the civil commitment order was not illegal, even if it conflicted with a prior plea agreement.
• Rodwell v. Singletary
  114 F. Supp. 2d 1308· M.D. Fla.· 2000-09-27 ·cited 1×·via Habeas Corpus Relief
  The federal court dismissed the habeas corpus petition as untimely filed and procedurally barred, finding no exceptions to the bar.