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

• Holmes v. State
  245 So. 3d 1008· Fla. 3d DCA· 2018-05-30 ·via Writ Of Habeas Corpus
  A sentence of life imprisonment does not violate the Florida Constitution's proscription against indefinite terms of imprisonment.
• L.G. v. State
  Fla. 5th DCA· 2018-05-28 ·via Writ Of Habeas Corpus
  A trial court cannot order involuntary psychiatric confinement under the Baker Act without clear and convincing evidence that the person is a danger to himself or others.
• A.B. v. State
  Fla. 5th DCA· 2018-05-28 ·via Writ Of Habeas Corpus
  A.B., a minor charged with illegal possession of a firearm, petitioned for habeas corpus challenging her placement in secure detention. The court found the trial court incorrectly recalculated her Risk Assessment Instrument (RAI) by double-counting the firearm possession offense,
• Guillaume v. State
  244 So. 3d 416· Fla. 5th DCA· 2018-05-23 ·via Writ Of Habeas Corpus
  The Fifth District Court of Appeal of Florida granted a petition for a writ of habeas corpus, ordering the trial court to hold a hearing on the petitioner's motion to reduce bail. The court's decision was based on its reasoning in a related case, Moore v. State.
• Hubbard v. State
  245 So. 3d 1005· Fla. 3d DCA· 2018-05-23
  A habeas corpus petition that is actually a motion to vacate judgment may be denied by the trial court, and such denial will be affirmed on appeal.
• Dameon T. Moore v. State
  Fla. 5th DCA· 2018-05-21 ·via Writ Of Habeas Corpus
  Dameon Moore petitioned for a writ of habeas corpus challenging the trial court's denial of his motion to reduce bail without a hearing. The court granted the petition, finding that Florida law requires bail modification motions to be heard in person by the court, and the trial j
• Guillaume v. State
  Fla. 5th DCA· 2018-05-21 ·via Writ Of Habeas Corpus
  A trial court must conduct a proper hearing on a defendant's motion to reduce bail under Florida Rule of Criminal Procedure 3.131.
• Walton v. State
  Fla.· 2018-05-17
  Hurst v. Florida does not apply retroactively to capital defendants whose death sentences became final before Ring v. Arizona was decided. Changes in law cannot be considered as newly discovered evidence within a cumulative analysis under the Jones standard; instead, retroactivit
• Tysheona Smith v. State
  Fla. 5th DCA· 2018-05-07 ·via Writ Of Habeas Corpus
  Where a defendant adjudicated incompetent to proceed commits a new offense while on conditional release, the trial court may only modify release conditions or involuntarily commit the defendant to the Department of Children and Family Services; detention pending commitment evalua
• Allen v. State
  241 So. 3d 981· Fla. 1st DCA· 2018-04-10 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus is dismissed as moot when the circumstances that gave rise to the petition no longer exist.
• Richardson v. State
  241 So. 3d 925· Fla. 3d DCA· 2018-04-04 ·via Writ Of Habeas Corpus
  Appellant Richardson is affirmed and directed to show cause why he should not be prohibited from filing further pro se appeals and pleadings relating to the underlying case.
• Hunter v. State
  238 So. 3d 1282· Fla. 1st DCA· 2018-03-29 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus that does not satisfy the requirements for original jurisdiction habeas relief must be dismissed as unauthorized.
• Alvarez v. State
  254 So. 3d 510· Fla. 3d DCA· 2018-03-28 ·via Writ Of Habeas Corpus
  When a petitioner seeking a belated appeal makes claims disputed by the State through affidavit or specific contrary allegations, an appellate court must order an evidentiary hearing in the trial court to determine the limited disputed issues of fact before ruling on the petition
• White v. State
  240 So. 3d 61· Fla. 1st DCA· 2018-02-09 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied on the merits.
• Washington v. State
  Fla. 4th DCA· 2018-02-07
  A trial court properly denies a successive and untimely rule 3.850 motion and may sanction a pro se litigant by prohibiting future filings unless signed by a Florida Bar member.
• Fails v. Jones
  240 So. 3d 799· Fla. 1st DCA· 2018-02-05
  A pro se litigant who repeatedly violates court orders restricting filings and engages in frivolous and excessive motion practice may be barred from all pro se filings in the appellate court.
• Cannon v. State
  251 So. 3d 852· Fla. 2d DCA· 2018-02-02 ·via Writ Of Habeas Corpus
  Cannon petitioned for a writ of mandamus to quash a capias warrant issued for failing to appear at a pretrial conference. The court granted the petition, treating it as habeas corpus, holding that the trial court lacked adequate notice to Cannon that his physical appearance was r
• Jenkins v. State
  233 So. 3d 1291· Fla. 1st DCA· 2018-01-30 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus was denied on the merits.
• Ford v. State
  Fla.· 2018-01-23
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Kayle Barrington Bates v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Suggs v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Peterka v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision.
• Stephens v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• J.F. v. State
  Fla. 5th DCA· 2018-01-08 ·via Writ Of Habeas Corpus
  A petitioner committed to involuntary inpatient placement must be released by habeas corpus when the record contains no clear and convincing evidence that he is a danger to himself or others.
• Barringer v. FLA. Dept. Corr.
  231 So. 3d 598· Fla. 1st DCA· 2017-12-21 ·via Writ Of Habeas Corpus
  The court held that a petitioner's repeated pro se filings attacking a conviction constituted an abuse of the legal process, warranting a bar from future pro se filings.
• Rodriguez v. State
  237 So. 3d 1069· Fla. 3d DCA· 2017-12-13 ·via Writ Of Habeas Corpus
  The court held that an order denying a motion to dismiss a violation of probation affidavit is not an appealable order.
• Eckford v. State
  230 So. 3d 1280· Fla. 5th DCA· 2017-12-11 ·via Writ Of Habeas Corpus
  James Anthony Eckford, Jr. petitioned for a writ of habeas corpus challenging his pretrial detention without a bond hearing. The court granted the petition, holding that a defendant is entitled to a bond hearing even when questions about competency to stand trial remain unresolve
• Belcher v. Jones
  228 So. 3d 530· Fla.· 2017-11-02 ·via Writ Of Habeas Corpus
• Lucas v. State
  230 So. 3d 579· Fla. 2d DCA· 2017-11-01 ·via Writ Of Habeas Corpus
• Ishsha Shalem v. Junior
  235 So. 3d 966· Fla. 3d DCA· 2017-10-31 ·via Writ Of Habeas Corpus
  Ishsha Shalem petitioned for a writ of habeas corpus challenging her pretrial detention without bond. The appellate court granted the petition, finding the trial court failed to comply with statutory and procedural requirements for pretrial detention determinations, and ordered a
• Ishsha Shalem v. Junior
  238 So. 3d 342· Fla. 3d DCA· 2017-10-27 ·via Writ Of Habeas Corpus
  The court held that the trial court failed to follow statutory and rule requirements for pretrial detention, thus the detention was unlawful.
• Hernandez v. State
  230 So. 3d 509· Fla. 3d DCA· 2017-10-04 ·via Writ Of Habeas Corpus
  The appellate court summarily affirmed the trial court's denial of the motion to extend the appeal period.
• T.M. v. State
  227 So. 3d 745· Fla. 5th DCA· 2017-09-29 ·via Writ Of Habeas Corpus
  The court held that a trial court must enter written findings to justify secure detention, even if findings are made orally at a hearing.
• Doorbal v. Jones
  227 So. 3d 110· Fla.· 2017-09-20 ·via Writ Of Habeas Corpus
  Noel Doorbal's death sentence is vacated because his jury voted 8-4 for death, violating the requirement established in Hurst v. State that all critical findings for death sentences must be made unanimously by the jury. The case is remanded for a new penalty phase proceeding.
• Young v. Fla. Comm'n ON Offender Review
  225 So. 3d 940· Fla. 5th DCA· 2017-08-18
  The court held that the claim regarding the Presumptive Parole Release Date was properly dismissed for improper venue, but the claim challenging the legality of the life sentence should have been addressed by the sentencing court.
• Chiarella v. State
  242 So. 3d 1063· Fla. 2d DCA· 2017-08-16 ·via Writ Of Habeas Corpus
• Z.J. v. State
  224 So. 3d 308· Fla. 5th DCA· 2017-08-02 ·via Writ Of Habeas Corpus
  A juvenile petitioner seeks habeas corpus relief challenging her secure detention beyond the statutory 21-day limit. The court grants the petition, finding that the trial court violated Florida's strict statutory detention requirements by failing to either release the juvenile or
• Soto v. State
  224 So. 3d 301· Fla. 3d DCA· 2017-07-26 ·via Petition For Habeas Corpus Relief
  Appellant's postconviction relief and habeas petitions were denied because his acceptance of a negotiated plea agreement waived non-jurisdictional issues he sought to raise.
• Wilfredo Cardenas v. State
  225 So. 3d 304· Fla. 3d DCA· 2017-07-05 ·via Writ Of Habeas Corpus
  Wilfredo Cardenas petitioned for a writ of habeas corpus seeking a belated appeal of his 2014 guilty plea to second-degree murder, claiming he instructed his defense counsel to appeal a trial court's denial of a motion to suppress. The court appointed a commissioner to conduct an
• Jermetras Watson v. State
  220 So. 3d 1281· Fla. 5th DCA· 2017-06-26 ·via Writ Of Habeas Corpus
  The court held that the lower court erred by denying pre-trial bond without a proper pre-trial detention hearing as required by rule.
• Donte Jermaine Hall v. State
  219 So. 3d 783· Fla.· 2017-06-15 ·via Writ Of Habeas Corpus
  The Florida Supreme Court affirmed the denial of Hall's postconviction guilt phase claims and rejected his habeas petitions challenging his murder conviction, but vacated his death sentence and remanded for a new penalty phase based on Hurst v. Florida, which requires jury unanim
• Howarth v. Dep't OF Corr. & State of Fla.
  220 So. 3d 485· Fla. 5th DCA· 2017-04-28 ·via Writ Of Habeas Corpus
  Mark Howarth appealed the dismissal of his habeas corpus petition challenging the sufficiency of an information filed against him. The Fifth District affirmed the dismissal, holding that while the trial court erred in dismissing based on failure to serve the State within 120 days
• Elton Lee Baker v. Dep't OF Corr. & State of Fla.
  220 So. 3d 487· Fla. 5th DCA· 2017-04-28
  The court quashed the trial court's order denying habeas corpus relief and remanded for transfer to the proper county because the Marion County court lacked jurisdiction over convictions imposed in Sumter County.
• C.R.T. v. State
  215 So. 3d 187· Fla. 5th DCA· 2017-04-04 ·via Writ Of Habeas Corpus
  The court held that the thirty-day sentences for contempt violated statutory limits and granted the petition for a writ of habeas corpus.
• Vega v. Dep't OF Child. & Families
  214 So. 3d 775· Fla. 2d DCA· 2017-03-31 ·via Writ Of Habeas Corpus
  A civilly committed individual cannot refuse required mental health examinations and then claim the Department is failing its statutory obligations due to the lack of those examinations.
• State v. Castro Guerra
  215 So. 3d 134· Fla. 3d DCA· 2017-03-22 ·via Habeas Corpus Relief
  The State appeals a trial court's order granting post-conviction relief and ordering a new trial for Castro Guerra. The appellate court affirms, holding that Guerra's case should have been treated the same as similarly situated defendants under Florida Supreme Court precedent, pa
• D.P.O. v. State
  212 So. 3d 1064· Fla. 5th DCA· 2017-02-24 ·via Writ Of Habeas Corpus
  The court held that electronic monitoring beyond 15 days without a continuance for cause is unauthorized detention under statute.
• Geno L. Hawkins, Sr. v. Jones
  211 So. 3d 993· Fla.· 2017-02-23 ·via Writ Of Habeas Corpus
  The court held that the petitioner's repeated frivolous filings warrant sanctions, including rejection of future pro se filings related to his prior conviction.
• Edwards v. State
  206 So. 3d 835· Fla. 1st DCA· 2016-12-21 ·via Writ Of Habeas Corpus
  The court held that the petitioner's repeated filings constitute an abuse of process and barred him from future pro se filings in the court concerning specific case numbers.
• Pinder v. State
  217 So. 3d 122· Fla. 3d DCA· 2016-11-23 ·via Writ Of Habeas Corpus
  Andre Pinder petitioned for habeas corpus challenging his 1991 upward departure sentence. The court denied the petition as successive, finding the issue had been previously reviewed and disposed of, and issued an order to show cause regarding Pinder's pattern of repeated pro se f