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

• Dicolla v. State
  763 So. 2d 1286· Fla. 5th DCA· 2000-08-24 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the trial court must promptly rule on a motion for setting or modifying bail.
• Williams v. Singletary
  765 So. 2d 107· Fla. 2d DCA· 2000-06-02 ·cited 1×·via Writ Of Habeas Corpus
  Court granted habeas petition for ineffective assistance of appellate counsel where appellate counsel failed to raise on direct appeal the trial court's denial of a continuance motion that caused severe prejudice.
• Marshall v. Moore
  745 So. 2d 464· Fla. 4th DCA· 1999-11-17 ·cited 1×
  A prisoner is not entitled to credit towards their sentence for the time spent at large while escaped.
• J.W. v. Dep't OF Juv. Just.
  742 So. 2d 320· Fla. 1st DCA· 1999-06-21 ·cited 1×·via Writ Of Habeas Corpus
  J.W., a juvenile charged with sexual battery on children, petitioned for a writ of habeas corpus challenging his placement in secure detention while incompetent to proceed in delinquency cases. The appellate court denied the petition, holding that secure detention was proper base
• Leon v. Moore
  734 So. 2d 513· Fla. 3d DCA· 1999-05-19 ·cited 1×·via Writ Of Habeas Corpus
  Philip Leon petitions for a writ of habeas corpus challenging his appellate counsel's effectiveness for failing to raise a hearsay objection to evidence of merchandise value at trial. The court denies the petition, holding that appellate counsel cannot be deemed ineffective for f
• Tapia v. State
  676 So. 2d 1059· Fla. 3d DCA· 1996-07-17 ·cited 1×
  Jose Luis Tapia was convicted of first-degree murder in a joint trial with co-defendant Cook, where both defendants' statements to police were used against each other without cross-examination opportunity. After Tapia's direct appeal was affirmed and Cook's similar appeal was rev
• P.M. v. Carter
  658 So. 2d 188· Fla. 3d DCA· 1995-08-07 ·cited 1×·via Writ Of Habeas Corpus
• Whelpley v. Costa
  648 So. 2d 1252· Fla. 4th DCA· 1995-01-25 ·cited 1×·via Writ Of Habeas Corpus
• Hill v. State
  639 So. 2d 195· Fla. 2d DCA· 1994-07-13 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the trial court erred in treating a motion for postconviction relief as an untimely motion for correction of sentence under rule 3.800(b) instead of a motion under rule 3.850. The court reversed and remanded for consideration of the timely filed motion.
• L.A. v. Carter
  623 So. 2d 1219· Fla. 3d DCA· 1993-09-09 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a juvenile cannot be detained pending an adjudicatory hearing without a prior judicial determination of probable cause.
• United States v. Montgomery
  998 F.2d 1468· 9th Cir.· 1993-07-13 ·cited 1×·via Habeas Corpus (28 U.S.C. § 2255)
  The court held that the government failed to use reasonable efforts to produce a confidential informant, violating the defendant's due process rights.
• Jones v. Singletary
  621 So. 2d 760· Fla. 3d DCA· 1993-07-06 ·cited 1×·via Writ Of Habeas Corpus
  Keith Maurice Jones petitioned for habeas corpus alleging his appellate counsel was ineffective for failing to raise two sentencing issues on direct appeal: improper enhancement of his third-degree murder conviction and a double jeopardy violation regarding his firearm possession
• Pruett v. Thompson
  996 F.2d 1560· 4th Cir.· 1993-05-25 ·cited 1×
  The court affirmed the denial of the habeas corpus petition, finding that Pruett's claims were procedurally defaulted and did not meet the exceptions for cause and prejudice or actual innocence.
• Ali Abdul-Habib Hakeem v. Beyer
  990 F.2d 750· 3d Cir.· 1993-03-31 ·cited 1×
  The court held that a fourteen and one-half month delay in bringing Hakeem to trial does not automatically establish prejudice for a speedy trial violation, and remanded for an evidentiary hearing on the cause of the delay.
• Bueno v. Hallahan
  988 F.2d 86· 9th Cir.· 1993-03-18 ·cited 1×
  The court held that the state trial court's admission of hearsay evidence, requirement to elect defenses, and sentence enhancement did not violate due process and affirmed the denial of the habeas petition.
• Toulson v. Beyer
  987 F.2d 984· 3d Cir.· 1993-03-12 ·cited 1×
  The court held that the district court erred in finding unexhausted claims procedurally defaulted under state law, and should have dismissed the entire petition without prejudice for failure to exhaust state remedies.
• Campbell v. Blodgett
  982 F.2d 1356· 9th Cir.· 1993-01-04 ·cited 1×·via Habeas Corpus Proceedings
  The court held that the district court did not abuse its discretion in denying a motion to videotape an execution pending appeal, as the evidentiary value was insufficient and outweighed by comity and privacy concerns.
• In the Interest of E.H.
  609 So. 2d 1289· Fla.· 1992-12-10 ·cited 1×·via Writ Of Habeas Corpus
  The Florida Supreme Court addressed certified questions regarding a parent's right to a belated appeal in parental rights termination cases due to ineffective assistance of counsel, ultimately granting a belated appeal in this specific instance.
• Barkauskas v. Lane
  946 F.2d 1292· 7th Cir.· 1991-11-01 ·cited 1×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or a due process violation, and affirmed the denial of the habeas corpus petition.
• Adams v. R.S. Peterson
  939 F.2d 1369· 9th Cir.· 1991-07-30 ·cited 1×
  The dissent argues that the defendant's stipulation to facts mirroring the indictment constituted a de facto guilty plea, requiring the protections of Boykin v. Alabama, which were not afforded.
• Meagher v. Dugger
  737 F. Supp. 641· S.D. Fla.· 1990-05-17 ·cited 1×·via Writ Of Habeas Corpus
  The court held that it is powerless to grant relief by crediting time served in state custody towards a federal sentence when the state confinement was the result of state charges and conviction, and the federal parole commission has discretion over concurrent sentencing.
• Jackson v. State
  559 So. 2d 320· Fla. 3d DCA· 1990-04-03 ·cited 1×
  Death of appellant during pendency of collateral attack on final conviction results in dismissal of appeal, as ab initio abatement does not apply to post-conviction proceedings.
• Vetri v. State
  558 So. 2d 1097· Fla. 5th DCA· 1990-03-30 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the $50,000 bail set by the trial court was unreasonable given the circumstances and granted the petition for a writ of habeas corpus.
• Contella v. Contella
  557 So. 2d 880· Fla. 5th DCA· 1990-02-01 ·cited 1×·via Writ Of Habeas Corpus
  Leonard Contella petitioned for habeas corpus after being held in criminal contempt for willfully violating a spousal support order and divesting himself of assets. The Fifth District Court of Appeal affirmed the trial court's criminal contempt finding and upheld the jail sentenc
• Simons v. State
  555 So. 2d 960· Fla. 1st DCA· 1990-01-24 ·cited 1×·via Writ Of Habeas Corpus
  In this pro se habeas corpus petition, a defendant charged with cocaine possession challenged a $15,000 bond set by the trial court as violating his constitutional right to pretrial release. The appellate court denied the petition because the defendant failed to provide the trial
• Bradley v. Hon. Wallace E. Sturgis
  541 So. 2d 766· Fla. 5th DCA· 1989-04-13 ·cited 1×·via Writ Of Habeas Corpus
  Petition for mandamus denied as moot because the underlying habeas corpus petition was already denied, but the court clarified that Florida's Constitution requires clerks to receive, docket, and deliver habeas corpus petitions without delay and at no cost.
• Na-Yuet v. Hueston
  690 F. Supp. 1008· S.D. Fla.· 1988-04-18 ·cited 1×·via Writ Of Habeas Corpus
  A habeas petitioner must be afforded a rehearing when proffering specific, newly discovered, and previously unavailable explanatory evidence that casts substantial doubt on the probable cause determination for extradition.
• Ordaz-Machado v. Rivkind
  563 F. Supp. 267· S.D. Fla.· 1987-09-21 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a federal habeas corpus petition cannot collaterally attack a state conviction without exhausting state remedies, and that an excludable alien's parole revocation based on a narcotics conviction is permissible and does not violate constitutional or statutory r
• Downs v. Dugger
  514 So. 2d 1069· Fla.· 1987-09-09 ·cited 1×·via Writ Of Habeas Corpus
  Ernest Downs, sentenced to death for a contract killing, petitioned for habeas corpus relief on the eve of his execution. The Florida Supreme Court granted the petition, vacating his death sentence and remanding for a new sentencing proceeding, finding that the trial court's jury
• Beauford White v. Dugger
  828 F.2d 10· 11th Cir.· 1987-08-27 ·cited 1×·via Writ Of Habeas Corpus
  The court denied the application for a Certificate of Probable Cause, affirming the district court's denial of the writ of habeas corpus.
• Lovelace v. Lynaugh
  809 F.2d 1136· 5th Cir.· 1987-02-03 ·cited 1×
  The court denied the oral motion for a stay of execution because the prisoner, who was competent and understood his rights, chose not to pursue any legal action to postpone his execution, and the movant lacked standing as a 'next friend'.
• Joiner v. In re the Interest of Baby DOE
  510 So. 2d 309· Fla. 4th DCA· 1986-12-10 ·cited 1×·via Writ Of Habeas Corpus
  The appellate court affirmed the trial court's order granting a writ of habeas corpus, finding substantial competent evidence supported the finding of duress.
• DeSIMONE v. Lacy
  805 F.2d 321· 8th Cir.· 1986-11-14 ·cited 1×
  The court held that a district court lacks subject matter jurisdiction over claims concerning the imposition of a sentence by another district court, unless the remedy under 28 U.S.C. § 2255 is inadequate or ineffective.
• Bundy v. Wainwright
  651 F. Supp. 38· S.D. Fla.· 1986-07-02 ·cited 1×·via Writ Of Habeas Corpus
  The court denied the application for a stay of execution and the petition for a writ of habeas corpus, finding that the petitioner failed to meet the burden of showing that his claims were not fully and fairly litigated in state court.
• Pierre v. Rivkind
  643 F. Supp. 669· S.D. Fla.· 1986-03-21 ·cited 1×
  The court held that the denial of the petitioner's asylum claim was not supported by substantial evidence and that the BHRHA letter should be stricken from the record.
• State v. Davila
  481 So. 2d 486· Fla. 3d DCA· 1985-11-20 ·cited 1×·via Habeas Corpus Proceedings
  The State of Florida appealed a habeas corpus discharge in an extradition case where the trial court found that the appellee was not the person named in a New York Governor's warrant for murder. The appellate court affirmed, holding that the State failed to establish a prima faci
• Bailey v. State
  475 So. 2d 296· Fla. 2d DCA· 1985-09-13 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a motion for post conviction relief is not the proper vehicle to challenge a sentence for departure from sentencing guidelines, nor to raise ineffective assistance of appellate counsel.
• Oliver v. Wainwright
  49 F. Supp. 909· S.D. Fla.· 1984-11-14 ·cited 1×
  The court held that the petitioner was denied effective assistance of counsel due to an actual conflict of interest arising from her attorney's dual representation of her and a co-defendant.
• Chesser v. Dougherty
  417 So. 2d 1164· Fla. 1st DCA· 1982-08-13 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a governor's rendition warrant based on an arrest warrant issued with a judicial determination of probable cause is sufficient for extradition.
• Levesque v. State
  416 So. 2d 509· Fla. 5th DCA· 1982-07-07 ·cited 1×
• Toufic Khouveiri v. State
  414 So. 2d 1152· Fla. 3d DCA· 1982-06-08 ·cited 1×·via Writ Of Habeas Corpus
• Neal v. Wainwright
  512 F. Supp. 92· M.D. Fla.· 1981-03-23 ·cited 1×
  The court held that the petitioner was denied effective assistance of counsel because his attorney failed to adequately inform him of the charges, potential defenses, and the elements of the crime, rendering his guilty plea unknowing and involuntary.
• COX v. Fed. Bureau OF Prisons & United States
  643 F.2d 534· 8th Cir.· 1981-03-11 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the appellant was not entitled to federal credit for time served in state custody because his federal sentence was ordered consecutive to his state sentence.
• Sampson v. Louie L. Wainwright
  394 So. 2d 581· Fla. 5th DCA· 1981-03-04 ·cited 1×·via Writ Of Habeas Corpus
• Mueller v. Butterworth
  393 So. 2d 1158· Fla. 4th DCA· 1981-02-06 ·cited 1×·via Writ Of Habeas Corpus
  Paul Mueller, removed as personal representative of an estate, was ordered by the trial court to return $83,024.79 to his successor and was incarcerated for contempt when he failed to comply. The appellate court granted habeas corpus relief, holding that incarceration for failure
• Phillips v. Wille
  349 So. 2d 693· Fla. 4th DCA· 1977-08-12 ·cited 1×·via Writ Of Habeas Corpus
• Lederer v. Stack
  294 So. 2d 107· Fla. 4th DCA· 1974-05-10 ·cited 1×·via Writ Of Habeas Corpus
  A defendant challenged his detention under a trial court order directing psychiatric examination to determine his mental competency to stand trial. The Florida District Court of Appeal held that the order violated Rule 3.210 because it failed to fix a specific hearing date as req
• Benny Canto v. Louie L. Wainwright
  271 So. 2d 224· Fla. 2d DCA· 1972-12-20 ·cited 1×·via Writ Of Habeas Corpus
  Benny Canto petitioned for habeas corpus seeking discharge from a 15-year sentence imposed in 1955, claiming issues with his conviction and sentencing. The Florida District Court of Appeal denied the petition, finding that Canto's extensive history of escapes, new convictions, pa
• Bette Heffernan v. Goldman
  256 So. 2d 522· Fla. 4th DCA· 1971-09-09 ·cited 1×·via Habeas Corpus For Child Custody
  A mother sought a writ of habeas corpus to regain custody of her two minor children from their stepmother, who had cared for them following their father's death. The trial court awarded custody to the stepmother based on the children's best interests, and the appellate court affi
• Baker v. State
  239 So. 2d 153· Fla. 1st DCA· 1970-07-08 ·cited 1×·via Writ Of Habeas Corpus
  Willie Baker sought habeas corpus relief and appellate counsel through this Court, which appointed a public defender to handle his appeal. When the appointed counsel failed to take action on the appeal, the Court found him in direct contempt but permitted him to purge the contemp