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

• Bohner v. State
  157 So. 3d 526· Fla. 1st DCA· 2015-02-16
  The court held that claims of ineffective assistance of trial counsel in Jimmy Ryce Act cases cannot be raised on direct appeal unless the ineffectiveness is apparent from the face of the record.
• Kraft v. State
  156 So. 3d 1116· Fla. 4th DCA· 2015-02-11 ·via Writ Of Habeas Corpus
  A trial court has discretion to consider releasing a defendant on bail following conviction and pending sentencing, and mandamus may issue to compel the exercise of that discretion.
• Johnson v. Marydell Guevara
  156 So. 3d 557· Fla. 3d DCA· 2015-01-21 ·via Writ Of Habeas Corpus
  The court held that the trial court relied upon a legally sufficient record to warrant pretrial detention, despite procedural claims, and denied the petition for habeas corpus.
• Lyons v. State
  156 So. 3d 560· Fla. 3d DCA· 2015-01-21
  The court held that while an amended judgment may have incorrectly omitted credit for time served, habeas corpus is not the proper vehicle to challenge this, and collateral estoppel bars relitigation of habitual offender status.
• Moskalenko v. Israel
  162 So. 3d 131· Fla. 4th DCA· 2014-12-10 ·via Writ Of Habeas Corpus
  The court held that a civil contempt order requiring incarceration must include a finding that the contemnor has the present ability to purge the contempt.
• Verdell J. Hill, Jr. v. State
  152 So. 3d 56· Fla. 5th DCA· 2014-11-10 ·via Writ Of Habeas Corpus
  Petitioner Hill sought habeas corpus relief challenging the trial court's order revoking his pretrial bond without making the required findings of fact. The appellate court partially granted the petition and remanded for the trial court to determine whether Petitioner willfully v
• Ramos-Miranda v. Marydell Guevara
  150 So. 3d 1179· Fla. 3d DCA· 2014-11-07 ·via Writ Of Habeas Corpus
• Borris Moralez v. Marydell Guevara
  151 So. 3d 25· Fla. 3d DCA· 2014-10-24 ·via Writ Of Habeas Corpus
  A Florida appellate court grants a habeas corpus petition and orders the immediate release of a detainee whose pretrial release was revoked for a noncriminal violation rather than a new crime. The court enforces its mandate requiring an expedited bond hearing and ultimately order
• Lawrence v. State
  149 So. 3d 1162· Fla. 1st DCA· 2014-10-23
  Freddie Lawrence appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, challenging two grounds. The court reversed and remanded as to Ground 4 (ineffective assistance of counsel regarding plea negotiations) but affirmed the dismis
• Todrick Roberts v. State
  183 So. 3d 412· Fla. 3d DCA· 2014-10-08 ·via Writ Of Habeas Corpus
  The court ordered the pro se litigant to show cause why he should not be prohibited from filing further pro se proceedings concerning his conviction and sentence.
• Robinson v. State
  146 So. 3d 1287· Fla. 3d DCA· 2014-09-19 ·via Writ Of Habeas Corpus
  Tommy Robinson petitioned for habeas corpus challenging his detention without bond after being arrested on an alias capias warrant for failing to appear at trial. The Florida District Court of Appeal granted the petition in part and remanded for a proper bond hearing, finding the
• Herrera v. State
  146 So. 3d 1266· Fla. 3d DCA· 2014-09-17 ·via Writ Of Habeas Corpus
• D.L. v. State
  147 So. 3d 653· Fla. 5th DCA· 2014-09-17 ·via Writ Of Habeas Corpus
  The court held that the trial court improperly double-scored the petitioner's possession of a firearm on his Risk Assessment Instrument and failed to address an unrelated pending charge.
• O.A. v. State
  146 So. 3d 135· Fla. 3d DCA· 2014-09-03 ·via Writ Of Habeas Corpus
  A juvenile detained on robbery and drug possession charges petitioned for habeas corpus relief. The appellate court granted the petition after determining that robbery by sudden snatching, absent force beyond that necessary to obtain the property, is not a categorical violent fel
• Gore v. Crews
  146 So. 3d 117· Fla. 1st DCA· 2014-09-02 ·via Writ Of Habeas Corpus
• Gore v. State
  146 So. 3d 117· Fla. 1st DCA· 2014-09-02
  The court reversed the trial court's denial of a habeas corpus petition and remanded for the trial court to order the Department of Corrections to show cause regarding whether the appellant was properly awarded all applicable jail, prison, and gain-time credits under Florida law.
• Alloy Lewin v. State
  145 So. 3d 899· Fla. 4th DCA· 2014-08-13
• Cortes v. State
  144 So. 3d 632· Fla. 4th DCA· 2014-08-06
• Campbell v. State
  143 So. 3d 992· Fla. 3d DCA· 2014-07-16
  The court held that the defendant's habeas corpus petition was frivolous because the trial court properly instructed the jury on justifiable and excusable homicide, and referenced these instructions when instructing on manslaughter.
• Yehowshua Yisrael v. State
  143 So. 3d 426· Fla. 4th DCA· 2014-06-25
  The Fourth District Court of Appeal upheld sanctions against a pro se litigant who filed numerous frivolous and procedurally barred habeas corpus petitions challenging convictions from 2000. The court prohibited the appellant from filing further pro se papers in the court unless
• Lennie Rodgers v. State
  140 So. 3d 1144· Fla. 1st DCA· 2014-06-23 ·via Writ Of Habeas Corpus
  Lennie Rodgers appealed the dismissal of his postconviction motion challenging his conviction and sentence, which he mislabeled as a habeas corpus petition. The Florida District Court of Appeal reversed, holding that mislabeling a motion is not a jurisdictional defect and that ci
• Knight v. GEE
  161 So. 3d 473· Fla. 2d DCA· 2014-06-18 ·via Writ Of Habeas Corpus
  The court held that a trial court cannot sua sponte increase a defendant's bond without proper notice and a motion by the State showing good cause.
• Dorsett v. State
  140 So. 3d 706· Fla. 3d DCA· 2014-06-18 ·via Writ Of Habeas Corpus
  The appellate court affirmed the dismissal of the habeas corpus petition because it was filed in the wrong court.
• Bush v. Crews
  141 So. 3d 527· Fla.· 2014-06-12 ·via Writ Of Habeas Corpus
  The Court held that the inmate's pro se petition was unauthorized and frivolous, warranting sanctions.
• Carrasco v. State
  142 So. 3d 900· Fla. 4th DCA· 2014-06-11
  Defendant Carrasco appealed the denial of a habeas corpus petition challenging the trial court's failure to address supplemental claims to his rule 3.850 postconviction motion. The court affirmed, holding that Carrasco abandoned the supplemental issues by failing to raise them in
• Rightmire v. State
  140 So. 3d 685· Fla. 1st DCA· 2014-06-10 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court concerning the specific case due to abuse of the legal process through repeated filings.
• Kendrick S. Wilson v. State
  141 So. 3d 587· Fla. 4th DCA· 2014-04-30
  The Fourth District Court of Appeal affirmed the trial court's denial of Wilson's habeas corpus petition and imposed sanctions against him for abuse of the post-conviction process through repeated frivolous and procedurally barred filings.
• Chandler v. State
  162 So. 3d 22· Fla. 4th DCA· 2014-04-16 ·via Writ Of Habeas Corpus
  Zachary Chandler filed a habeas corpus petition challenging his 1999 robbery conviction sentence, claiming the trial court orally pronounced a ten-year sentence while the written order imposed twenty years. The court dismissed the petition as an improper vehicle for a sentence ch
• Rivera v. State
  137 So. 3d 554· Fla. 4th DCA· 2014-04-16
  The Fourth District Court of Appeal affirmed its previous denial of Rivera's habeas corpus petition and imposed sanctions preventing him from filing pro se motions in this court. Rivera filed successive rule 3.850 motions making substantially similar arguments across multiple cas
• McCRAY v. Dept. OF Corrections
  201 So. 3d 33· Fla. 3d DCA· 2014-04-09 ·via Petition For Habeas Corpus Relief
  Martin Luther McCray petitioned for habeas corpus relief, claiming his sentence had expired and his detention was unjust. The Florida Third District Court of Appeal denied his petition and, after McCray filed numerous successive motions raising identical claims and failed to show
• R.A.J. v. State
  135 So. 3d 523· Fla. 5th DCA· 2014-03-28
  The court denied a juvenile's habeas corpus petition, holding that Florida Statutes section 985.439(4)(b) authorizes home detention with electronic monitoring as a probation violation sanction without the time limitations that apply to residential consequence units under subsecti
• Dinkins v. State
  162 So. 3d 2· Fla. 4th DCA· 2014-02-26 ·via Writ Of Habeas Corpus
  The court summarily affirmed the denial of the petition for writ of habeas corpus, finding it untimely, successive, and procedurally barred.
• Coratello v. State
  132 So. 3d 353· Fla. 4th DCA· 2014-01-29
• Marrero v. State
  135 So. 3d 374· Fla. 5th DCA· 2014-01-24
• T.F. v. N.M.
  129 So. 3d 1205· Fla. 1st DCA· 2014-01-22 ·via Writ Of Habeas Corpus
  T.F. appealed the denial of his habeas corpus petition challenging termination of his parental rights, arguing he was denied due process by the trial court's failure to appoint counsel despite his indigency. The court affirmed, holding that although indigent parents are ordinaril
• Corrine Blakely v. State
  132 So. 3d 295· Fla. 4th DCA· 2014-01-08 ·via Writ Of Habeas Corpus
• Wolack v. Tena M. Pate
  135 So. 3d 359· Fla. 5th DCA· 2013-12-27 ·via Writ Of Habeas Corpus
  The trial court erred by dismissing a habeas corpus petition challenging a presumptive parole release date, as it should have been treated as a mandamus petition and transferred to the appropriate venue.
• McKEE v. Jacobo
  127 So. 3d 857· Fla. 2d DCA· 2013-12-04 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus under section 394.9215 is the proper vehicle for challenging the quality and quantity of rehabilitative services and treatment for involuntarily committed individuals.
• Jones v. State
  127 So. 3d 835· Fla. 3d DCA· 2013-11-27 ·via Writ Of Habeas Corpus
  The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding the denial was without prejudice to the appellant refiling his post-conviction relief petition.
• Lang v. Crews
  129 So. 3d 397· Fla. 1st DCA· 2013-11-26 ·via Writ Of Habeas Corpus
• Goolsby v. State
  121 So. 3d 1163· Fla. 5th DCA· 2013-09-20
  The court held that the petitioner has abused the judicial process by filing frivolous pleadings and is barred from further pro se filings in the specific case. The Clerk of the Court is directed not to accept any further pro se filings from the petitioner.
• Smith v. State
  121 So. 3d 602· Fla. 4th DCA· 2013-08-07 ·via Writ Of Habeas Corpus
• Rozzelle v. State
  119 So. 3d 493· Fla. 1st DCA· 2013-07-26 ·via Writ Of Habeas Corpus
  Petitioner is barred from making future pro se filings in this court concerning the specific case due to abuse of the legal process through repeated filings.
• Smithwick v. State
  117 So. 3d 85· Fla. 5th DCA· 2013-07-05 ·via Writ Of Habeas Corpus
  Smithwick filed a habeas corpus petition with the Florida Supreme Court challenging a circuit court order denying his motion to vacate sentence. The supreme court transferred the petition to the Fifth District Court of Appeal, treating it as a notice of appeal. The court dismisse
• Cross v. Crews
  147 So. 3d 21· Fla. 1st DCA· 2013-06-27 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from making future pro se filings in this court concerning the specific case due to abuse of the legal process.
• Harricharan v. State
  114 So. 3d 1069· Fla. 5th DCA· 2013-06-07
  The court held that a litigant who has repeatedly abused the judicial process may be prohibited from filing further pro se petitions or appeals.
• Walker v. State
  112 So. 3d 608· Fla. 4th DCA· 2013-04-24
  Donald Walker sought habeas corpus relief challenging his 1991 resentence, claiming the trial court should have imposed a guidelines term rather than a departure sentence. The Florida appellate court affirmed the trial court's denial, finding that Shull v. Dugger did not apply be
• Tagliamonte v. State
  126 So. 3d 352· Fla. 3d DCA· 2013-04-19 ·via Writ Of Habeas Corpus
  Andrew Tagliamonte petitioned for a writ of habeas corpus challenging the trial court's sua sponte modification of his pretrial release conditions to require him to stay away from his minor son. The court granted the petition, holding that a trial court lacks authority to modify
• Samora Rancy v. State
  110 So. 3d 989· Fla. 5th DCA· 2013-04-17 ·via Writ Of Habeas Corpus
• Niel Paul v. Ryan
  126 So. 3d 349· Fla. 3d DCA· 2013-04-17
  Florida appellate court granted habeas corpus petition because trial court failed to determine whether defendant's failure to appear was willful before denying bond.