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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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
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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
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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
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Willie Simmons petitioned for habeas corpus challenging his forgery conviction, claiming denial of adequate counsel because the trial court refused to appoint an attorney outside the public defender's office. The Florida appellate court denied the petition, holding that while ind
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The court held that the lower courts did not err in their various orders regarding child custody, travel, and the denial of habeas corpus petitions.
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The court held that the statute prohibiting possession of burglary tools was not unconstitutionally vague or broad, and the evidence was seized lawfully.
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The court affirmed the grant of habeas corpus, finding the district court's determination that the appellee did not consent to the search was not clearly erroneous.
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The court held that the lower court properly denied the application for a writ of habeas corpus because the petitioners had not exhausted their state remedies under Rule 35(b) of the Colorado Rules of Criminal Procedure.
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This case reviews a circuit judge's order in a habeas corpus proceeding that allowed an appellee to appeal an extradition warrant without paying costs. The appellate court reversed this part of the order, citing precedent that requires costs to be paid for appeals.
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The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner had not demonstrated a timely pursuit of appellate remedies or presented an independent ground for the court's jurisdiction. The court affirmed the trial court's denial of the pet
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The court held that a subsequent original petition for habeas corpus will not be entertained when the same issues have already been adjudicated by a circuit court, unless reviewed by appeal.
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This habeas corpus petition alleged that Simpson was convicted of robbery based on false testimony induced by prosecutorial threats and promises. The Florida Supreme Court, after appointing a commissioner to take testimony, found no evidence that the prosecution knowingly used fa
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218 F.2d 637·
5th Cir.·
1955-01-20
·cited 1×
The court held that if the petitioner's allegations of inadequate counsel in a capital case are proven, he has been deprived of liberty without due process of law.
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S.D. Fla.·
1929-06-27
·cited 1×
A. H. Weathers sought habeas corpus relief after being detained pursuant to a presidential warrant for violating conditions of a conditional commutation. The court held that the President has constitutional authority to attach binding conditions to commutations, and when a convic
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Fla. 4th DCA·
2026-10-01
The trial court's dismissal of Downs' challenge to his incarceration was affirmed.
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Fla. 4th DCA·
2026-09-24
The trial court's denial of the habeas corpus petition was affirmed.
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A criminal defendant represented by counsel cannot proceed pro se in filing a habeas corpus petition.
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The petition for writ of habeas corpus was dismissed.
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A trial court abuses its discretion in setting bail when it bases its decision entirely on the nature of the alleged offenses without considering statutory factors including the defendant's financial resources, family ties, employment, community ties, and flight risk. A statutory
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The petition for writ of habeas corpus was denied.
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Fla.·
2026-09-17
Trial counsel was not ineffective for failing to move for reconsideration of the trial court's order admitting limited ballistics evidence from a prior murder, for failing to hire a ballistics expert to rebut the State's expert, or for making reasonable strategic decisions regard
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Fla. 3d DCA·
2026-09-16
A habeas corpus petition based on newly discovered evidence of a favorable plea offer must be denied when the petitioner fails to demonstrate due diligence by waiting over four-and-a-half years after discovering the evidence to seek relief.
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Fla. 3d DCA·
2026-09-16
A trial court lacks authority to commit an incompetent criminal defendant for restoration treatment when the evidence does not establish by clear and convincing proof that there is a substantial probability the defendant will regain competency in the reasonably foreseeable future
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Fla. 5th DCA·
2026-09-10
A pro se litigant who engages in repetitive, frivolous filings may be barred from filing further pro se pleadings in the appellate court and required to retain counsel for any future filings regarding the same case.
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Fla.·
2026-09-10
Once parental rights are terminated by final judgment, a parent permanently forfeits all rights to the child and has no legal basis for habeas relief, which can only be used to obtain custody of a child wrongfully withheld. A parent seeking to challenge a termination of parental
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A criminal defendant cannot proceed pro se while represented by counsel.
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Fla. 2d DCA·
2026-09-04
Habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief, and claims of error under Apprendi and its progeny are not cognizable under Florida Rule of Criminal Procedure 3.800(a).
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Fla.·
2026-09-03
The trial court properly summarily denied Conahan's third and fourth successive motions for post-conviction relief because the evidence cited was not newly discovered—the underlying facts were known or could have been discovered through due diligence decades earlier, and Conahan
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Fla. 3d DCA·
2026-09-02
A habeas corpus petition challenging sanctions imposed by a trial court must be dismissed as premature when the petitioner fails to provide the appellate court with a signed, written order reflecting the alleged sanction.
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Fla. 6th DCA·
2026-09-01
The trial court's judgment was affirmed.
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A trial court must afford a defendant charged with a life-imprisonment offense a full opportunity to present witnesses on all aspects of the bond issue, including evidence of amenability to release and defenses to guilt, before finding proof evident or presumption great and denyi
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A criminal defendant cannot proceed pro se while represented by counsel.
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A pro se litigant who makes knowing misrepresentations of fact to the court may be barred from further pro se filings in that matter to conserve judicial resources and prevent abuse of the judicial process.
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Fla. 3d DCA·
2026-08-20
Habeas corpus relief is not available to obtain collateral postconviction relief when claims can be raised by motion pursuant to Florida Rule of Criminal Procedure 3.850.
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A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied, and the petition is dismissed in all other respects.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-08-05
The circuit court's judgment was affirmed on appeal.
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Fla. 3d DCA·
2026-08-05
A circuit court lacks jurisdiction to address a petition challenging the legality of a sentence imposed in a different circuit; such petitions must be filed in the circuit that imposed the sentence.
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The petition for writ of habeas corpus was dismissed.
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A writ of habeas corpus may not issue where the petitioner is not presently detained in custody, even if an unexecuted capias warrant has been issued. The statute's plain language requiring that a person be "detained in custody" applies only to present detention, not future restr
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Fla.·
2026-07-24
The circuit court properly denied Duckett's motion for DNA testing as procedurally barred and meritless because he was aware of the items when he filed his prior DNA motion four months earlier and the items contained no identifiable genetic material. The State did not violate due
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Fla. 1st DCA·
2026-07-22
A habeas corpus petition is frivolous when it raises issues that could have been, should have been, or were raised on direct appeal or in a rule 3.850 motion.
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The petition for writ of habeas corpus was dismissed.
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A petition for writ of habeas corpus that fails to meet the requirements established in Baker v. State must be dismissed.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.