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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273 So. 3d 1094·
Fla. 3d DCA·
2019-05-01
Bernard Gyden II appealed the trial court's dismissal of his Rule 3.850 motion for postconviction relief on the ground that the court lacked jurisdiction while a habeas corpus petition asserting ineffective assistance of appellate counsel was pending before the appellate court. T
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A habeas corpus petition that challenges a conviction on direct appeal in another case is unauthorized and must be dismissed, and administrative challenges to Department of Corrections decisions must be addressed in circuit court.
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A petition alleging ineffective assistance of appellate counsel on direct review must be filed within four years after the judgment and sentence become final on direct review, regardless of any exceptional circumstances.
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A motion to modify bail on a felony charge must be heard by a court in person with the defendant present and at least three hours' notice to the state attorney, and cannot be denied without such a hearing.
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A traffic stop for failure to maintain a single lane is justified when the vehicle is operated in an unusual manner that endangers other vehicles, even if the driver's conduct does not constitute erratic or impaired driving.
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A trial court must make an explicit finding that a defendant's failure to appear was willful and that no reasonable conditions of release exist before ordering pretrial detention without bond.
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The court imposed a vexatious litigant restriction on Mike McGlocklin, prohibiting him from filing further pro se appeals and pleadings relating to his conviction in case F00-19296. The restriction was imposed after McGlocklin filed successive, duplicative, and meritless petition
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A juvenile petitioner challenges her continued detention in secure custody after a trial court mitigated her 100-day contempt sentence to time served (24 days) with no conditions. The appellate court granted the habeas corpus petition, holding that once the sentence was unconditi
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Fla. 3d DCA·
2019-04-10
A trial court properly denies a habeas corpus petition when the petitioner fails to establish grounds for relief.
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A successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 may be denied, and a petition for belated appeal of such denial is subject to denial on the merits.
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273 So. 3d 169·
Fla. 5th DCA·
2019-03-29
In this workers' compensation appeal, the Florida District Court of Appeal reversed the lower court's denial of benefits to fruit pickers injured while assisting stranded motorists. The court held that the claimants' rescue efforts constituted a compensable activity under the pos
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266 So. 3d 1248·
Fla. 5th DCA·
2019-03-15
Appellate counsel was ineffective for failing to appeal the denial of a meritorious motion for judgment of acquittal.
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T.L. petitioned for a writ of prohibition or habeas corpus challenging a circuit court's ex parte order authorizing law enforcement to transport her for involuntary substance abuse assessment and stabilization under Florida's Marchman Act. The court initially denied the petition
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A habeas corpus petition challenging conditions or the validity of a sentence that could be remedied through available statutory procedures or direct appeal must be dismissed.
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Fla. 3d DCA·
2019-02-27
This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
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Fla. 3d DCA·
2019-02-27
This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
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267 So. 3d 1060·
Fla. 1st DCA·
2019-02-27
The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2019-02-27
This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
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Fla. 1st DCA·
2019-02-12
A guilty plea to second-degree murder has a sufficient factual basis when the prosecutor presents evidence at the plea hearing that the defendant drowned both victims, was found in the pool with their bodies, and admitted responsibility during police questioning, supported by the
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263 So. 3d 793·
Fla. 5th DCA·
2019-02-05
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his sentence may be prohibited from filing further pro se filings in that case.
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Demetrius Tony Johnson petitioned for a writ of habeas corpus challenging his 1997 conviction for armed robbery, attempted second-degree murder, and burglary with assault and battery while armed. After decades of successive and repetitive post-conviction filings, the court denied
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A prisoner who personally swears under oath to the truth of documents filed in appellate proceedings cannot escape responsibility by claiming reliance on prison law clerks, and when false evidence is presented in multiple postconviction proceedings despite the prisoner's awarenes
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Sidney Marts Jr., a state prisoner, filed his 29th pro se petition with the Florida Supreme Court since 2008, all relating to the same criminal case. The Court found Marts had engaged in vexatious filing of meritless petitions and imposed sanctions barring him from filing further
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Inmate Doyle Heard sought habeas corpus relief challenging the cancellation of his overcrowding credits and the calculation of basic gain-time (BGT) forfeited after his parole revocations. The First District Court of Appeals affirmed the circuit court's denial, holding that the r
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A petition for belated appeal may be granted to allow review of a trial court's order denying a habeas corpus petition.
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A petition for writ of habeas corpus must be dismissed as unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
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The Florida Commission on Offender Review had discretionary authority under section 947.1405(6) to impose special conditions of conditional release, including internet restrictions, without limitation based on the offense date or sexual predator status. Restrictions on special co
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When a defendant who initially posted bond fails to appear, then voluntarily surrenders and moves to set bond while claiming the failure was unintentional, the trial court must hold a hearing to determine whether the failure was willful and whether reasonable conditions of releas
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The court held that the petitioner's habeas corpus petition was repetitive and frivolous, warranting sanctions.
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A petition for writ of habeas corpus is unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
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A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond. Although the trial judge's failure to make this finding constitut
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The speedy trial period runs from the date of arrest as to the specific arrest warrant, not from an earlier date when the defendant was incarcerated on other charges.
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The Florida District Court of Appeal, Third District, granted Joel Adams's petition for writ of habeas corpus and quashed writs of bodily attachment issued against him for civil contempt of court based on alleged discovery violations. The court held that the trial court failed to
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Willie Rogers' petition for a writ of habeas corpus was denied on August 1, 2018, and the court subsequently issued an order to show cause why he should not be prohibited from filing further pro se appeals and motions. Rogers filed a response and motion for rehearing, which was d
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A pro se litigant who repeatedly files pleadings raising issues that should have been presented in timely post-conviction relief motions may be prohibited from filing further pro se appeals and pleadings without attorney representation.
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A petition for writ of habeas corpus that fails to meet the requirements established in Baker v. State may be dismissed without detailed analysis.
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Morris Crenshaw appeals the denial of his habeas corpus petition challenging his second-degree murder conviction based on an erroneous jury instruction on the lesser-included offense of manslaughter. The court granted relief, finding that Crenshaw's argument had merit and that de
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A petition for writ of habeas corpus that does not meet the requirements for authorization under Florida law must be dismissed.
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A petition for writ of habeas corpus may not be used to seek a belated appeal of an order in a civil proceeding.
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A writ of habeas corpus cannot be used to obtain belated appeal of a circuit court order denying mandamus review of a presumptive parole release date determination, because the PPRD calculation does not implicate a constitutionally protected liberty interest requiring appointed c
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254 So. 3d 975·
Fla. 4th DCA·
2018-07-25
A pretrial release condition requiring a defendant to demonstrate that bond funds are not derived from illegal activity is authorized by Florida law under § 903.046(2)(f) and does not constitute unconstitutional pretrial detention when imposed as a reasonable condition of release
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252 So. 3d 295·
Fla. 3d DCA·
2018-07-12
A trial court may order pretrial detention without bond when it finds, based on statutory criteria including past bond violations and failure to appear, that no conditions of release can reasonably assure the defendant's appearance or protect community safety. The State's oral cl
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A petition for writ of habeas corpus is unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
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A petition for writ of habeas corpus is dismissed as unauthorized.
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A petition for writ of habeas corpus that does not satisfy the requirements established in Baker v. State must be dismissed as unauthorized.
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Fla. 1st DCA·
2018-06-28
A habeas corpus petition filed by a noncapital defendant seeking collateral postconviction relief that is untimely, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion under rule 3.850 must be dismissed as unauthori
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A $700,000 bond set without compliance with Florida's pretrial release framework violates the defendant's constitutional right to pretrial release on reasonable conditions under Article I, section 14 of the Florida Constitution.
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A petition for writ of habeas corpus is dismissed when it is successive.
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The State must present clear and convincing evidence that a person is likely to suffer neglect without treatment or poses a substantial likelihood of inflicting serious bodily harm; a diagnosis of mental illness alone, combined with a preference for pre-packaged food and bottled
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244 So. 3d 418·
Fla. 5th DCA·
2018-05-31
The court granted L.G.'s habeas corpus petition and ordered his immediate release from involuntary psychiatric confinement because the trial court lacked clear and convincing evidence that he was a danger to himself or others as required by the Baker Act.