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

• Placide v. State
  41 So. 3d 430· Fla. 5th DCA· 2010-08-06 ·via Writ Of Habeas Corpus
• T.M. v. State
  39 So. 3d 559· Fla. 4th DCA· 2010-07-22 ·via Writ Of Habeas Corpus
  T.M., a juvenile, petitioned for a writ of habeas corpus challenging his detention in secure custody based on a finding that he was an "absconder." The Fourth District Court of Appeal granted the petition, holding that the statutory term "absconder" requires a clandestine absence
• Kornagay v. State
  38 So. 3d 221· Fla. 1st DCA· 2010-06-22
  The court affirmed the trial court's denial of two ineffective assistance of counsel claims but reversed and remanded five claims that were summarily denied without proper consideration of the record.
• Carswell v. Fla. Parole Comm'n & State of Fla.
  35 So. 3d 132· Fla. 5th DCA· 2010-05-21 ·via Writ Of Habeas Corpus
• Frantzy Jean-Marie v. State
  35 So. 3d 116· Fla. 3d DCA· 2010-05-19 ·via Writ Of Habeas Corpus
  Jean-Marie petitions for a writ of habeas corpus alleging his appellate counsel was ineffective for failing to raise certain legal arguments on direct appeal, including double jeopardy claims and jury instruction errors. The Florida District Court of Appeal denies the petition, f
• Craig v. State
  45 So. 3d 1· Fla. 3d DCA· 2010-04-28
  Ronald Lee Craig appealed the trial court's denial of his petition for habeas corpus, challenging his conviction and sentencing on multiple grounds including denial of right to trial, ineffective assistance of counsel, and procedural sentencing errors. The Third District Court of
• M.F. v. Faulk
  34 So. 3d 139· Fla. 3d DCA· 2010-04-21
  Florida appellate court dismissed as moot a habeas corpus petition challenging a juvenile's secure detention beyond the seventy-two-hour statutory limit, but reminded trial judges that detention decisions must strictly comply with section 985.255 regardless of judicial discretion
• R.N. v. State
  30 So. 3d 725· Fla. 4th DCA· 2010-04-07 ·via Writ Of Habeas Corpus
  A twelve-year-old detained on delinquency charges for sexual battery petitioned for habeas corpus relief, challenging the continued detention. The court held that the trial court must conduct separate inquiries every 72 hours to determine both the need for continued detention and
• J.J. v. State
  31 So. 3d 295· Fla. 3d DCA· 2010-03-31 ·via Writ Of Habeas Corpus
  The court dismissed the petition as moot because the juvenile was released, but explained that the detention was improper.
• Shedrick Antwan Russell v. State
  28 So. 3d 226· Fla. 2d DCA· 2010-02-26 ·via Writ Of Habeas Corpus
  The court held that the trial court erred in summarily denying a petition for writ of habeas corpus without reaching the merits.
• Grant v. Kopp
  27 So. 3d 190· Fla. 5th DCA· 2010-02-05
  Florida appellate court granted habeas corpus petition and ordered immediate release of civil contempt prisoner because trial court failed to make required written findings that he possessed present ability to pay the purge amount for child support arrears.
• Wardell Brown v. State
  28 So. 3d 120· Fla. 2d DCA· 2010-01-29 ·via Writ Of Habeas Corpus
  The court held that a motion to correct an illegal sentence is not the proper vehicle to challenge the forfeiture of gain time or the legality of a sentence where credit for time served was granted in a subsequent proceeding.
• Franqui v. Florida
  680 F. Supp. 2d 1347· S.D. Fla.· 2010-01-28
  The court denied Petitioner Franqui's Amended Motion for Certificate of Appealability on all claims, finding no substantial showing of the denial of a constitutional right that would be debatable among reasonable jurists.
• Jensen v. Jensen
  21 So. 3d 150· Fla. 5th DCA· 2009-11-06
  Florida appellate court granted habeas corpus relief and ordered release of petitioner held in direct criminal contempt, finding the trial court violated procedural requirements and lacked sufficient evidentiary basis for the contempt finding.
• Borroto v. State
  19 So. 3d 411· Fla. 5th DCA· 2009-09-11
  The court affirmed dismissal of a habeas corpus petition because it raised claims of ineffective assistance of counsel that must be pursued through Rule 3.850 motions, not habeas proceedings, and included procedurally barred issues that should have been raised on direct appeal.
• McCree v. Sec'y, Dep't of Corr.
  663 F. Supp. 2d 1316· M.D. Fla.· 2009-09-10
  The court held that the petitioner's trial counsel rendered ineffective assistance by failing to request an independent act jury instruction, which was supported by the evidence and crucial for the defense.
• Meldon Rich v. State
  21 So. 3d 842· Fla. 1st DCA· 2009-09-10 ·via Writ Of Habeas Corpus
  Meldon Rich, serving life sentences for first-degree felony murder and sexual battery, appealed the denial of his emergency habeas corpus petition claiming he was convicted of a non-existent crime because the victim was allegedly dead when the sexual battery occurred. The appella
• Burke v. State
  18 So. 3d 652· Fla. 3d DCA· 2009-09-02 ·via Writ Of Habeas Corpus
  Andre Burke appeals the denial of his habeas corpus petition claiming manifest injustice based on sentencing misadvice. The court affirmed the denial, finding that Burke was properly advised of the actual sentence (life without parole) before trial and chose to proceed anyway.
• Cassidy v. State
  18 So. 3d 620· Fla. 5th DCA· 2009-07-31 ·via Writ Of Habeas Corpus
  Cassidy appealed the trial court's denial of his petition for writ of habeas corpus to file a belated post-conviction relief motion, claiming he had retained Attorney Edmund to file a Rule 3.850 motion but Edmund failed to do so. The court affirmed the denial, finding credible ev
• Oler J. Jones v. Dep't OF Corr.
  14 So. 3d 272· Fla. 1st DCA· 2009-07-29
• Bellizia v. McNeil
  758 F. Supp. 2d 1233· S.D. Fla.· 2009-07-14
  The court held that the petitioner received ineffective assistance of counsel because his attorney failed to challenge the state's failure to test each pellet of heroin, which violated controlling precedent and prejudiced the petitioner. This ineffective assistance constitutes ca
• Wells v. State
  14 So. 3d 1255· Fla. 5th DCA· 2009-07-02
  Wells, convicted of strong-arm robbery in 1974 and sentenced to life imprisonment, sought post-conviction relief arguing defects in the robbery and sentencing statutes applicable at the time of his crime. The court affirmed the denial of his motion, finding his claim meritless an
• Smith v. State
  11 So. 3d 473· Fla. 5th DCA· 2009-06-26
  Florida appellate court reversed denial of habeas corpus petition and remanded for trial court to address merits of jurisdictional challenge to statewide prosecutor rather than dismissing on procedural grounds.
• Marsh v. State
  14 So. 3d 1214· Fla. 3d DCA· 2009-06-24 ·via Writ Of Habeas Corpus
  Aaron Marsh petitioned for writs of prohibition and habeas corpus challenging his civil commitment under Florida's Jimmy Ryce Act, arguing he was not in lawful custody when the State initiated the commitment process. The court denied the petition, holding that Marsh was lawfully
• B.K. v. State
  14 So. 3d 1109· Fla. 1st DCA· 2009-06-12 ·via Writ Of Habeas Corpus
  B.K. appeals the denial of his habeas corpus petition challenging a permanency order in a child custody case. The court found that B.K. was denied due process by not receiving notice of the November 2006 hearing and not being present or represented by counsel, and reversed the tr
• A.M. v. State
  13 So. 3d 502· Fla. 3d DCA· 2009-06-04 ·via Writ Of Habeas Corpus
  A juvenile petitioner sought habeas corpus relief from secure detention after being charged with aggravated assault with a firearm. The court found that the risk assessment instrument used to justify his detention was incorrectly scored and that the trial court failed to provide
• Tooma v. Fla. Parole Comm'n
  612 F. Supp. 2d 1255· S.D. Fla.· 2009-04-10
  The court held that an inmate's challenge to parole procedures, including reliance on judicial objections, does not state a constitutional claim cognizable under § 1983 or habeas corpus because Florida parole statutes do not create a protected liberty interest and procedural chan
• General Manuel Antonio Noriega v. Pastrana
  564 F.3d 1290· 11th Cir.· 2009-04-08
  General Manuel Antonio Noriega, a prisoner of war designated under the Third Geneva Convention, petitioned for habeas corpus relief to prevent his extradition to France, arguing that the Convention prohibited his extradition and required his immediate repatriation to Panama. The
• Evins v. State
  6 So. 3d 710· Fla. 4th DCA· 2009-04-08 ·via Writ Of Habeas Corpus
  The court held that a petition containing knowingly false allegations cannot be amended to correct the falsehoods.
• Grace v. State
  3 So. 3d 1290· Fla. 4th DCA· 2009-03-30 ·via Writ Of Habeas Corpus
• Ferenc v. McNEIL
  8 So. 3d 397· Fla. 1st DCA· 2009-03-13 ·via Writ Of Habeas Corpus
  The court held that the circuit court did not depart from the essential requirements of law by denying a habeas corpus petition based on a claim not raised in the petition or administratively exhausted.
• Jackson v. State of Fla. & Walter A. McNeil
  18 So. 3d 587· Fla. 1st DCA· 2009-03-13 ·via Writ Of Habeas Corpus
  Two inmates petitioned for habeas corpus relief arguing they were not subject to state court jurisdiction and that their confinement constituted unconstitutional kidnapping. The court denied the petition on the merits and imposed sanctions on the lead petitioner for abusing the a
• Sykes v. State
  6 So. 3d 1246· Fla. 1st DCA· 2009-03-03 ·via Writ Of Habeas Corpus
  The court denied the petition for a writ of habeas corpus and imposed a sanction prohibiting the petitioner from filing further documents pro se.
• J.H. v. K.D.M. and E.N.M.
  8 So. 3d 372· Fla. 5th DCA· 2009-02-03
  A putative father who properly registered with Florida's Putative Father Registry but failed to update his address after relocating challenged the termination of his parental rights and adoption of his child by the maternal grandparents. The court held that failure to update a re
• Hiram Cordones v. State
  997 So. 2d 496· Fla. 5th DCA· 2008-12-19 ·via Writ Of Habeas Corpus
  Cordones was adjudicated not guilty by reason of insanity and placed on conditional release for one year. Six years later, after his conditional release had expired, the trial court ordered his arrest and detention based on an unsworn letter indicating he had lost contact with hi
• Bell v. State
  997 So. 2d 1187· Fla. 3d DCA· 2008-12-17 ·via Writ Of Habeas Corpus
  Alex T. Bell appealed the denial of his habeas corpus petition claiming ineffective assistance of counsel for waiving his right to dismiss a defective information. After the Third District Court of Appeal affirmed the trial court's denial in August 2008, Bell filed a second appea
• Olsen v. Fla. Parole Comm'n
  998 So. 2d 657· Fla. 3d DCA· 2008-12-17 ·via Writ Of Habeas Corpus
  The Florida District Court of Appeal affirmed the circuit court's denial of Olsen's habeas corpus petition challenging parole revocation, holding that plenary appeal is unavailable after judicial review of quasi-judicial parole commission action and that Olsen received due proces
• White v. State
  995 So. 2d 1172· Fla. 4th DCA· 2008-12-10 ·via Writ Of Habeas Corpus
  Michael White petitioned for a writ of habeas corpus seeking additional jail credit for time served, claiming he was entitled to immediate release. The Fourth District Court of Appeal affirmed that White validly waived additional jail credit in his negotiated plea agreement and d
• A.L.M. v. Dep't OF Child. & Families & State of Fla.
  995 So. 2d 1085· Fla. 4th DCA· 2008-11-21 ·via Habeas Corpus Relief
  A.L.M., a juvenile found incompetent to proceed in delinquency cases, challenged orders committing him to secure placement with the Department of Children and Families. The appellate court reversed, finding that the trial court's orders lacked the requisite clear and convincing e
• Brinson v. State
  995 So. 2d 1047· Fla. 2d DCA· 2008-11-14 ·via Writ Of Habeas Corpus
  A prior conviction for battery on a law enforcement officer cannot be used as a qualifying offense for a violent career criminal sentence if its statutory elements do not include the use or threat of physical force or violence.
• R.A.P. v. Parkins
  994 So. 2d 414· Fla. 1st DCA· 2008-10-22 ·via Writ Of Habeas Corpus
  A juvenile detained in secure custody for violating probation conditions without committing a new crime petitioned for habeas corpus relief. The court held that secure detention is not authorized under Florida law when the alleged probation violation does not constitute a new off
• Carter v. State
  2 So. 3d 320· Fla. 3d DCA· 2008-10-15 ·via Writ Of Habeas Corpus
  The court affirmed the trial court's order granting sanctions and issued an order to show cause why the defendant should not be prohibited from filing further pro se pleadings.
• Deandrea S. Thomas v. McNEIL
  990 So. 2d 1222· Fla. 1st DCA· 2008-09-22
  The court granted certiorari and quashed a habeas corpus dismissal order because the trial court lacked jurisdiction when the petitioner was never incarcerated in the county where the case was heard.
• McCRORY v. State
  990 So. 2d 658· Fla. 4th DCA· 2008-09-10
  The Fourth District reversed the trial court's assessment of fees and costs in a Jimmy Ryce civil commitment proceeding, holding that trial courts lack statutory authority to impose such costs, while affirming the commitment on other grounds and directing that ineffective assista
• S.W. v. State
  987 So. 2d 173· Fla. 4th DCA· 2008-07-16 ·via Writ Of Habeas Corpus
  A minor, S.W., petitioned for habeas corpus relief from secure detention pending placement in a high-risk residential program. The court granted the petition because S.W.'s risk assessment score did not meet the threshold for secure detention and the trial court failed to provide
• In re Amendments TO Fla. Rule OF Juv. Procedure 8.100
  985 So. 2d 534· Fla.· 2008-06-26 ·via Writ Of Habeas Corpus
  The Florida Supreme Court adopted a proposed amendment to Florida Rule of Juvenile Procedure 8.100(e) to allow parties and their attorneys to obtain transcripts of court proceedings in juvenile delinquency cases without requiring a court order. This change was implemented to faci
• Miller v. State
  985 So. 2d 1152· Fla. 3d DCA· 2008-06-18 ·via Writ Of Habeas Corpus
  Miller sought habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a sufficiency of the evidence argument on direct appeal regarding the items stolen and their value in a burglary and grand theft case. The court denied the petition, finding amp
• Peterson v. Fla. Parole Comm'n
  982 So. 2d 1226· Fla. 1st DCA· 2008-05-27 ·via Writ Of Habeas Corpus
  The court granted certiorari and quashed the circuit court's order affirming parole revocation because the Parole Commission's revocation order failed to contain a finding that the petitioner's actions constituted a willful violation of a substantial condition of supervision.
• Brown v. McNeil
  591 F. Supp. 2d 1245· M.D. Fla.· 2008-05-14 ·via Writ Of Habeas Corpus
  The court held that the Florida Parole Commission did not abuse its discretion in revoking Petitioner's conditional release supervision, as it accepted the hearing examiner's findings of guilt and acted within its statutory authority.
• Hogan v. State
  984 So. 2d 546· Fla. 5th DCA· 2008-05-02 ·via Writ Of Habeas Corpus
  The Florida Fifth District Court of Appeal affirmed its order prohibiting Michael L. Hogan, a death-row inmate, from filing any further appeals, petitions, pleadings, or motions related to his 1987 first-degree murder conviction without attorney review and signature. The court to