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

• United States v. Brye
  1990 WL 168164· M.D. Fla.· 2013-03-28 ·via Writ Of Habeas Corpus
  The court held that a district court of incarceration lacks the jurisdictional authority to order another coequal district court to resentence a defendant.
• Shelton v. State
  109 So. 3d 869· Fla. 3d DCA· 2013-03-13
  Shelton appealed the denial of his habeas corpus petition challenging the legality of his 1995 habitual violent felony offender sentence. The court reversed and remanded because the trial court had incorrectly transferred the petition to the wrong circuit and had not reached the
• Shelton Ty Prudhomme v. Fla. Dep't OF Corr.
  109 So. 3d 276· Fla. 1st DCA· 2013-02-28
• Penney v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  707 F.3d 1239· 11th Cir.· 2013-02-05
  A Florida inmate's federal habeas corpus petition was untimely because his state Rule 3.800(c) post-conviction motion, which he relied upon to toll the one-year filing deadline, was dismissed by the state court as untimely filed and therefore did not constitute a "properly filed"
• Summerall v. State
  107 So. 3d 448· Fla. 2d DCA· 2013-01-11 ·via Writ Of Habeas Corpus
  Teddy Summerall appealed the dismissal of his habeas corpus petition, arguing his convictions and sentences were unjust in light of relief granted to his brother on direct appeal. The court affirmed the dismissal, noting Summerall had repeatedly raised this identical claim over m
• Andria Michelle Kerchner v. State
  103 So. 3d 284· Fla. 5th DCA· 2013-01-02 ·via Writ Of Habeas Corpus
• Lucious Hankins, Jr. v. State
  105 So. 3d 574· Fla. 4th DCA· 2012-12-19
  The Florida Fourth District Court of Appeal imposed sanctions on a pro se litigant for filing frivolous and successive post-conviction petitions nearly twenty years after his 1994 conviction was affirmed. The court barred the petitioner from filing further documents unless review
• Mervyn Paul Arnold v. State
  114 So. 3d 223· Fla. 5th DCA· 2012-11-16 ·via Writ Of Habeas Corpus
  The dismissal of a petition for writ of habeas corpus is affirmed because the appellant received concurrent sentencing as agreed, and Florida's lack of parole does not render his detention unlawful.
• Delegal v. State
  126 So. 3d 1232· Fla. 4th DCA· 2012-10-24 ·via Writ Of Habeas Corpus
• Jackson v. Tucker
  99 So. 3d 614· Fla. 1st DCA· 2012-10-23 ·via Writ Of Habeas Corpus
  Jackson petitioned for habeas corpus relief claiming he was entitled to additional gain-time credits and immediate release from the Florida Department of Corrections. The circuit court refused to file his habeas petition due to his failure to submit an indigency affidavit or pay
• Benny Mooney v. Fla. Parole Comm'n & The Fla. Dep't of Corr.
  98 So. 3d 728· Fla. 1st DCA· 2012-10-08 ·via Writ Of Habeas Corpus
• Plucinik v. State
  97 So. 3d 323· Fla. 5th DCA· 2012-09-14
  Matthew Plucinik, an inmate convicted of sexual battery, filed a second habeas corpus petition asserting ineffective assistance of appellate counsel. The court denied the petition, found Plucinik had committed perjury by making false sworn allegations, prohibited him from filing
• A.P. v. Housel
  126 So. 3d 1182· Fla. 4th DCA· 2012-09-12 ·via Writ Of Habeas Corpus
  A juvenile detained pending placement in a residential facility challenges the risk assessment instrument (RAI) scoring used to justify secure detention. The court held that RAI points for 'committed or detention' status must be based on the juvenile's legal status at the time of
• Hampton v. State
  96 So. 3d 1132· Fla. 1st DCA· 2012-09-11 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court challenging the judgment and sentence due to abuse of the legal process.
• Hall v. Ryan
  98 So. 3d 1195· Fla. 3d DCA· 2012-09-05 ·via Writ Of Habeas Corpus
  The court granted the State's petition for certiorari to review an order reinstating a defendant's release on his own recognizance, while denying the defendant's petition for habeas corpus seeking reinstatement of that release.
• Bradford v. State
  93 So. 3d 1180· Fla. 1st DCA· 2012-08-03 ·via Writ Of Habeas Corpus
  Jeff David Bradford, a state prisoner serving a life sentence since 1974, appealed the trial court's denial of his habeas corpus petition challenging the Florida Parole Commission's suspension of his presumptive parole release date. The appellate court affirmed, rejecting Bradfor
• Jenkins v. State
  92 So. 3d 279· Fla. 3d DCA· 2012-07-11 ·via Writ Of Habeas Corpus
  The court held that the petitioner has shown no good cause to avoid prohibition of further pro se filings due to his history of successive and meritless motions.
• Elliott v. State
  88 So. 3d 1075· Fla. 1st DCA· 2012-06-08
• Ivaldi v. State
  88 So. 3d 334· Fla. 3d DCA· 2012-05-02
  Habeas corpus petition granted because appellate counsel was ineffective for failing to raise a defective manslaughter instruction that the Florida Supreme Court had already condemned in Montgomery, requiring reversal of the second degree murder conviction and remand for new tria
• Ward v. State
  84 So. 3d 379· Fla. 5th DCA· 2012-03-16 ·via Writ Of Habeas Corpus
• Robertson v. State
  81 So. 3d 629· Fla. 5th DCA· 2012-03-09 ·via Habeas Corpus Relief
  The court held that a defendant is not entitled to jail-time credit for time spent in another county's jail before a warrant for the current offense was executed.
• Bond v. State
  84 So. 3d 355· Fla. 5th DCA· 2012-02-24
• Lewis v. Fla. Parole Comm'n
  78 So. 3d 122· Fla. 1st DCA· 2012-01-30 ·via Writ Of Habeas Corpus
• Basil Burford v. State
  77 So. 3d 917· Fla. 4th DCA· 2012-01-25 ·via Writ Of Habeas Corpus
  Basil Burford petitioned for a writ of habeas corpus claiming appellate counsel was ineffective for failing to raise fundamental error regarding a missing jury instruction on justifiable and excusable homicide in his manslaughter conviction. The court granted the petition, findin
• Williams v. State
  71 So. 3d 232· Fla. 4th DCA· 2011-10-06 ·via Writ Of Habeas Corpus
  The court held that the motion to disqualify the judge was legally sufficient and that the $50,000 bond was excessive, granting both petitions.
• Jarvis Haynes v. State
  73 So. 3d 793· Fla. 5th DCA· 2011-09-23 ·via Writ Of Habeas Corpus
  Jarvis Haynes appeals the dismissal of his habeas corpus petition challenging his 2005 convictions for third-degree felony murder, robbery with a firearm, and dealing in stolen property. The court affirmed the dismissal, holding that habeas corpus is not the appropriate vehicle f
• Batten v. State
  70 So. 3d 736· Fla. 1st DCA· 2011-09-22 ·via Writ Of Habeas Corpus
  Petitioner is barred from making future pro se filings in this court concerning his specific case due to abuse of the legal process through repeated, unsuccessful attacks on his conviction and sentence.
• Flores v. State
  66 So. 3d 1094· Fla. 5th DCA· 2011-08-18 ·via Habeas Corpus Relief
  The court held that the trial court erred by failing to make the requisite findings to support the denial of bond for the petitioner.
• Felder v. State
  67 So. 3d 1177· Fla. 3d DCA· 2011-08-17 ·via Writ Of Habeas Corpus
• Jones v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  644 F.3d 1206· 11th Cir.· 2011-06-28
  Randall Scott Jones appealed the denial of his federal habeas corpus petition challenging his death sentence for two murders committed in 1987. Jones raised two ineffective assistance of counsel claims: first, that his trial lawyer labored under a conflict of interest as an honor
• Buss v. Stone
  61 So. 3d 1209· Fla. 1st DCA· 2011-05-13 ·via Writ Of Habeas Corpus
  The Florida Department of Corrections appealed an order that converted a mandamus petition into a habeas corpus petition and transferred it from Leon County to Santa Rosa County. The court reversed, holding that because the petitioner's grievance did not actually challenge close
• Grimes v. State
  82 So. 3d 847· Fla. 4th DCA· 2011-04-27 ·via Writ Of Habeas Corpus
  Gary Wayne Grimes petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel after his direct appeal was dismissed due to his appointed counsel's failure to respond to the court's filing fee directive or motion to reinstate. The Fourth District Co
• Elbert Francis v. State
  60 So. 3d 506· Fla. 1st DCA· 2011-04-21 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus is an improper and frivolous attempt to seek rehearing of a prior appellate decision.
• Murphy v. Al Lamberti
  58 So. 3d 414· Fla. 4th DCA· 2011-04-14
  Florida appellate court granted habeas corpus petition in part because trial court revoked bond without making required statutory findings that no conditions could protect the community or ensure defendant's presence at trial.
• Neloms v. State
  57 So. 3d 942· Fla. 3d DCA· 2011-03-30 ·via Writ Of Habeas Corpus
  Ronald Neloms appeals the trial court's denial of a petition for a writ of habeas corpus seeking leave to file a Rule 3.850 postconviction motion out of time, claiming his privately retained postconviction counsel was ineffective. The court affirms, holding that there was compete
• Narcisso Parker v. State of Fla. Dep't OF Corr.
  58 So. 3d 318· Fla. 4th DCA· 2011-03-16 ·via Writ Of Habeas Corpus
• Donneco R. King v. Buss
  59 So. 3d 195· Fla. 4th DCA· 2011-03-16 ·via Writ Of Habeas Corpus
  Failure to timely challenge a post-conviction order in a prior appeal bars subsequent collateral attack on related convictions and sentences.
• Jones v. State
  60 So. 3d 420· Fla. 1st DCA· 2011-02-28 ·via Writ Of Habeas Corpus
  Jones petitioned for a writ of habeas corpus challenging an earlier appellate decision that affirmed the denial of his postconviction motion. The First District Court of Appeal dismissed the petition, finding it an improper use of habeas corpus to relitigate issues that could hav
• B.S.K. v. State
  53 So. 3d 394· Fla. 5th DCA· 2011-02-07 ·via Writ Of Habeas Corpus
  The court held that the petitioner was entitled to relief from illegal detention due to an improperly prepared Risk Assessment Instrument.
• Hatten v. State
  53 So. 3d 392· Fla. 5th DCA· 2011-02-04 ·via Writ Of Habeas Corpus
• K.N.W. v. Stepheny Durham
  53 So. 3d 364· Fla. 1st DCA· 2011-01-24
  Two juvenile detainees petitioned for habeas corpus relief, challenging secure detention orders that allegedly violated Florida's statutory requirement that courts state clear and convincing reasons in writing when ordering detention more restrictive than risk assessment instrume
• Howard v. State
  49 So. 3d 1284· Fla. 5th DCA· 2010-12-23
  Dexter Howard filed his third petition for habeas corpus and fifth postconviction proceeding challenging his 2003 conviction. The court dismissed his petition, prohibited him from filing further pro se pleadings in this Court regarding his conviction, and directed that a certifie
• Calhoun v. State of Fla. & Johnny Mack Sketo Calhoun v. Mark S. Inch
  Fla.· 2010-12-16 ·via Writ Of Habeas Corpus
  Johnny Mack Sketo Calhoun appealed the denial of his motion to vacate his conviction for first-degree murder and his death sentence, claiming newly discovered evidence regarding an alternative suspect, ineffective assistance of trial and appellate counsel, and various prosecutori
• Vanwagner v. State
  45 So. 3d 572· Fla. 4th DCA· 2010-10-20 ·via Writ Of Habeas Corpus
  Edward VanWagner was convicted of armed kidnapping based on jury instructions that allowed conviction under intent elements not charged in the indictment. The Fourth District granted his habeas corpus petition for ineffective assistance of appellate counsel, finding fundamental e
• Faison v. State
  45 So. 3d 919· Fla. 3d DCA· 2010-10-06 ·via Writ Of Habeas Corpus
  The court held that the appellant's latest motion and appeal were frivolous and affirmed the trial court's order denying relief.
• Ladon M. Green v. Fla. Parole Comm'n & Walter A. McNeil
  46 So. 3d 101· Fla. 1st DCA· 2010-10-06 ·via Writ Of Habeas Corpus
• Kyser v. State
  46 So. 3d 611· Fla. 1st DCA· 2010-09-13 ·via Writ Of Habeas Corpus
  Habeas corpus cannot be used as a substitute for postconviction relief or as a second appeal for issues previously raised or that could have been raised.
• Tavorn v. Ellis
  43 So. 3d 824· Fla. 1st DCA· 2010-08-25 ·via Writ Of Habeas Corpus
  The court held that the appellant is prohibited from proceeding with any active pro se case in this court and from filing additional pro se cases unless represented by counsel, with an exception for legitimate petitions for writ of habeas corpus.
• Pinder v. State
  42 So. 3d 335· Fla. 3d DCA· 2010-08-18 ·via Writ Of Habeas Corpus
  Steven Leon Pinder appealed the denial of his petition for writ of habeas corpus and motion for relief from judgment, raising claims of improper charging procedure, actual innocence based on inadequate investigation, and manifest injustice. The Florida District Court of Appeal af
• Lleo v. State
  41 So. 3d 1106· Fla. 3d DCA· 2010-08-18 ·via Writ Of Habeas Corpus