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

• Marlin Leon Wiggins v. State
  981 So. 2d 554· Fla. 2d DCA· 2008-05-02 ·via Writ Of Habeas Corpus
  Marlin Leon Wiggins petitioned for a writ of prohibition challenging a trial court's order granting the State's motion to extend the speedy trial period. The Florida Second District Court of Appeal affirmed the trial court's decision, holding that the court did not abuse its disc
• Yearby v. Fla. Parole Comm'n
  980 So. 2d 592· Fla. 4th DCA· 2008-04-30 ·via Writ Of Habeas Corpus
  The court denied the petition for writ of certiorari, finding the circuit court's order denying habeas corpus was not a departure from the essential requirements of law.
• Stallings v. Ryan
  979 So. 2d 1167· Fla. 3d DCA· 2008-04-23 ·via Writ Of Habeas Corpus
  David Stallings petitioned for habeas corpus challenging his detention without bond on charges of sexual battery alleged to have occurred between 1974 and 1985. The appellate court granted the petition, finding the State failed to meet its burden of proving guilt was evident or t
• Dante v. Ryan
  979 So. 2d 1122· Fla. 3d DCA· 2008-04-09 ·via Writ Of Habeas Corpus
  William Dante, an inmate, petitioned for a writ of mandamus to compel the Miami-Dade County Department of Corrections to provide annual teeth cleaning and fillings. The Florida Third District Court of Appeal denied the petition because Dante failed to exhaust available administra
• Lindsey v. State
  974 So. 2d 1131· Fla. 3d DCA· 2008-02-06 ·via Habeas Corpus Relief
  Defendant's petition for habeas corpus based on ineffective assistance of appellate counsel for failing to raise a speedy trial violation is denied because defendant waived his speedy trial right by requesting a defense continuance.
• Sando v. State of Fla. & Al Lamberti
  972 So. 2d 271· Fla. 4th DCA· 2008-01-10 ·via Writ Of Habeas Corpus
  Victoria Sando petitioned for habeas corpus challenging her incarceration for violation of a domestic violence injunction. The court granted the petition, finding that Sando was denied due process because the trial court imposed a criminal contempt sanction without following crim
• Zayed Eid Bakheet Almazrouei v. State
  971 So. 2d 185· Fla. 5th DCA· 2007-12-28 ·via Writ Of Habeas Corpus
  A Florida appellate court granted habeas corpus relief and remanded for bond reconsideration after the trial court denied bond without following statutory procedures. The court held that because the charged crimes did not constitute "dangerous crimes" under Florida law and the St
• Gaskins v. State
  970 So. 2d 916· Fla. 2d DCA· 2007-12-28
• Jackson v. Fla. Parole Comm'n
  970 So. 2d 881· Fla. 1st DCA· 2007-12-17 ·via Writ Of Habeas Corpus
  The court granted certiorari and quashed the circuit court's order because the Parole Commission failed to make a required finding that the petitioner's violation was willful and substantial before revoking conditional release.
• Vasquez v. McDONOUGH
  970 So. 2d 473· Fla. 4th DCA· 2007-12-12 ·via Writ Of Habeas Corpus
  Luis Orlando Vasquez petitioned for a writ of habeas corpus claiming his 2002 guilty plea should be vacated because trial counsel failed to file a motion to suppress his statements to law enforcement. The Florida Fourth District Court of Appeal denied the petition, finding it lac
• Williamson v. State
  969 So. 2d 1160· Fla. 1st DCA· 2007-11-26 ·via Writ Of Habeas Corpus
• Othlone Russ v. State
  971 So. 2d 851· Fla. 3d DCA· 2007-10-31 ·via Habeas Corpus Relief
  Russ seeks habeas corpus relief claiming appellate counsel was ineffective for failing to raise a jury instruction error regarding sexual battery charges. The court denies relief, holding that the instruction error was not fundamental because the record shows the jury convicted b
• Lenoir v. State
  971 So. 2d 817· Fla. 3d DCA· 2007-10-03 ·via Writ Of Habeas Corpus
  Dale Lee Lenoir appealed the denial of a habeas corpus petition seeking a belated appeal of his 1992 convictions for attempted second-degree murder and unlawful firearm possession. The court affirmed the denial, holding that Lenoir was barred from seeking a belated appeal because
• Adams v. State of Fla. & Ric L. Bradshaw
  965 So. 2d 364· Fla. 4th DCA· 2007-09-28 ·via Writ Of Habeas Corpus
  The trial court erred in denying bond solely based on a violation of pretrial release conditions in a prior case.
• Danton Patrick v. State of Fla. & Ric L. Bradshaw
  964 So. 2d 279· Fla. 4th DCA· 2007-09-21 ·via Writ Of Habeas Corpus
  A trial court cannot sua sponte increase a defendant's bond, and any modification requires notice to the defendant.
• M.A. v. State of Fla. & Ric Bradshaw
  964 So. 2d 831· Fla. 4th DCA· 2007-09-19 ·via Writ Of Habeas Corpus
  M.A., a juvenile on probation, petitioned for a writ of habeas corpus to challenge an order of home detention with electronic monitoring imposed after a contempt adjudication. The court granted the petition, holding that the trial court erred by proceeding with a violation of pro
• Riverocruz v. Ric L. Bradshaw
  964 So. 2d 245· Fla. 4th DCA· 2007-09-10
  The court granted a habeas corpus petition challenging bail set without a hearing, requiring the trial court to conduct a proper bond hearing considering statutory factors and to reconsider probable cause for drug paraphernalia charges.
• Smith v. Fla. Parole Comm'n
  964 So. 2d 189· Fla. 1st DCA· 2007-08-21
  The court denied Smith's habeas corpus petition challenging the Parole Commission's ex post facto violation but granted his certiorari petition regarding liens, holding that liens cannot be imposed in collateral criminal proceedings under section 57.081.
• Francis v. State
  963 So. 2d 301· Fla. 1st DCA· 2007-08-10 ·via Writ Of Habeas Corpus
  The appellate court denied a petition for a writ of habeas corpus, treating it as a petition for writ of certiorari. The court found it lacked jurisdiction for habeas corpus because the petitioner was detained in another state. The court also affirmed the lower court's revocation
• C.W. v. Currie
  962 So. 2d 976· Fla. 1st DCA· 2007-07-31 ·via Writ Of Habeas Corpus
• C.T.B. v. State
  962 So. 2d 373· Fla. 5th DCA· 2007-07-25 ·via Writ Of Habeas Corpus
• McCLOUD v. State
  970 So. 2d 348· Fla. 3d DCA· 2007-07-18 ·via Writ Of Habeas Corpus
  Florida appellate court denied habeas corpus petition where inmate had not completed concurrent sentences imposed in March 2006 and must exhaust administrative remedies with the Department of Corrections regarding gain-time issues.
• Amos Ragan v. McDONOUGH
  958 So. 2d 1148· Fla. 4th DCA· 2007-06-27 ·via Writ Of Habeas Corpus
  Appellant Ragan challenged the denial of his habeas corpus petition attacking a 2002 parole revocation, arguing the circuit court prematurely ruled without giving him an opportunity to file a reply. The Fourth District reversed and remanded because the circuit court failed to fol
• Cannon v. McDONOUGH
  959 So. 2d 432· Fla. 3d DCA· 2007-06-27 ·via Writ Of Habeas Corpus
  The appellate court reversed the trial court's summary denial of habeas corpus relief regarding jail credit for time served on re-sentencing, finding the record insufficient to determine whether the defendant received proper credit.
• Ackerman v. State
  958 So. 2d 450· Fla. 2d DCA· 2007-05-04 ·via Writ Of Habeas Corpus
  Bernard Ackerman appeals the summary denial of his motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.858 and an order prohibiting him from filing further pro se postconviction challenges. The appellate court reversed, finding that while DNA evidence
• Fenton v. State
  960 So. 2d 12· Fla. 4th DCA· 2007-04-27 ·via Writ Of Habeas Corpus
• Bynum v. Ryan
  954 So. 2d 1225· Fla. 3d DCA· 2007-04-18 ·via Writ Of Habeas Corpus
  The court held that a defendant cannot violate pretrial release conditions if they were never booked or given a release order, thus the trial court lacked authority to hold them without bond.
• Mobley v. Fla. Parole Comm'n
  949 So. 2d 372· Fla. 2d DCA· 2007-03-02 ·via Writ Of Habeas Corpus
  Mobley, a parolee with two consecutive 99-year sentences, sought habeas corpus relief after his parole was revoked for leaving his assigned county without permission. The court denied his petition for certiorari, finding no grounds for relief under applicable parole revocation st
• Rudd v. State
  948 So. 2d 1040· Fla. 5th DCA· 2007-02-23 ·via Writ Of Habeas Corpus
• Rivera v. State
  949 So. 2d 324· Fla. 3d DCA· 2007-02-21 ·via Writ Of Habeas Corpus
  Florida appellate court reversed summary denial of habeas corpus petition for lack of record attachments, finding defendant may be entitled to additional credit for time served that could result in immediate release or sentence completion.
• A.M. v. Housel
  948 So. 2d 993· Fla. 4th DCA· 2007-02-21 ·via Habeas Corpus Relief
  A child detained in juvenile custody sought habeas corpus relief challenging his continued detention past his 19th birthday. The Florida appellate court granted the petition, holding that the trial court's jurisdiction automatically terminated when the child reached age 19 and th
• R.C. v. Juv. Court Judges OF the Fifteenth Jud. Cir.
  942 So. 2d 1007· Fla. 4th DCA· 2006-12-01 ·via Writ Of Habeas Corpus
• Hana Sargi v. Ali Hernandez
  939 So. 2d 179· Fla. 3d DCA· 2006-10-05 ·via Habeas Corpus For Child Custody
  Hana Sargi appeals a habeas corpus order requiring her to return their two children to her husband, Ali Hernandez, so he could take them back to Saudi Arabia. The Third District Court of Appeal quashed the writ, holding that habeas corpus relief is improper when there is no prior
• Douse v. Ric L. Bradshaw
  938 So. 2d 579· Fla. 4th DCA· 2006-09-20 ·via Writ Of Habeas Corpus
• Durie v. State
  935 So. 2d 1284· Fla. 5th DCA· 2006-08-25 ·via Writ Of Habeas Corpus
• Hakam Sueliman v. Jenne
  935 So. 2d 120· Fla. 4th DCA· 2006-08-09 ·via Writ Of Habeas Corpus
  The court held that the trial court abused its discretion by sua sponte increasing the petitioner's bond without notice and that the bond set for attempted armed robbery was unreasonable.
• Reyes v. Fla. Parole Comm'n
  935 So. 2d 594· Fla. 1st DCA· 2006-08-08 ·via Writ Of Habeas Corpus
  Florida appellate court granted certiorari and quashed summary denial of habeas petition challenging parole revocation, holding that alleged deprivations of counsel, evidence access, and cross-examination required issuance of order to show cause before adjudication on the merits.
• Poplawski v. State
  933 So. 2d 1268· Fla. 5th DCA· 2006-07-28 ·via Writ Of Habeas Corpus
  The court denied the petition for a belated appeal and writ of habeas corpus.
• Yeary v. Ric L. Bradshaw
  931 So. 2d 1060· Fla. 4th DCA· 2006-07-05 ·via Writ Of Habeas Corpus
  A defendant petitioned for habeas corpus relief challenging a trial court's denial of bond at a first-appearance hearing. The Florida appellate court granted the writ because the trial court denied bond without filing a proper motion for pretrial detention, making required findin
• C.N.W. v. State
  932 So. 2d 615· Fla. 5th DCA· 2006-06-30 ·via Writ Of Habeas Corpus
  A juvenile petitioned for habeas corpus challenging her secure detention based on a Risk Assessment Instrument (RAI) score. The court granted the petition, finding the trial court erred in scoring points on the RAI for absconding from home and remanded the case, ordering the tria
• T.T. v. State
  932 So. 2d 614· Fla. 5th DCA· 2006-06-30 ·via Writ Of Habeas Corpus
  A juvenile sought habeas corpus relief after being placed in secure detention for alleged indirect criminal contempt without a required 24-hour hearing. The appellate court granted the petition, finding the trial court violated Florida's statutory requirement to conduct the conte
• D.L.W. v. State
  931 So. 2d 284· Fla. 5th DCA· 2006-06-23 ·via Writ Of Habeas Corpus
  The court held that imposing consecutive five-day detention terms for a single violation of home detention was improper under the statute.
• Brandreth v. McRAY
  930 So. 2d 846· Fla. 3d DCA· 2006-06-14 ·via Habeas Corpus Relief
  Paul Brandreth, a federal prisoner temporarily in Florida state custody pending trial on murder and theft charges, sought habeas corpus relief after the trial court denied his request for a bond hearing. The court granted the petition, holding that Brandreth was entitled to an Ar
• T.P. v. State
  928 So. 2d 1240· Fla. 5th DCA· 2006-05-16 ·via Writ Of Habeas Corpus
• T.D. v. Fla. Dep't OF Child. & Families
  930 So. 2d 611· Fla.· 2006-05-11 ·via Writ Of Habeas Corpus
• Smith v. Allstate Ins. Co.
  925 So. 2d 474· Fla. 3d DCA· 2006-04-12 ·via Writ Of Habeas Corpus
  The court held that the petitioner is a vexatious litigant and will not be permitted to file further petitions for writ of habeas corpus unless signed by a Florida Bar member.
• Cary McCORD v. State
  923 So. 2d 1289· Fla. 5th DCA· 2006-03-31 ·via Writ Of Habeas Corpus
• Carswell v. Fla. Parole Comm'n
  924 So. 2d 907· Fla. 1st DCA· 2006-03-23 ·via Writ Of Habeas Corpus
  The court granted certiorari and remanded because the circuit court failed to follow the appellate mandate requiring the Parole Commission to demonstrate it would have revoked petitioner's conditional release solely on condition 2(c) violation, and the Commission was estopped fro
• Demps v. State
  922 So. 2d 1103· Fla. 4th DCA· 2006-03-22
• V.D. v. Dep't OF Juv. Just.
  921 So. 2d 714· Fla. 1st DCA· 2006-02-13 ·via Writ Of Habeas Corpus
  A juvenile charged with aggravated assault with a deadly weapon petitioned for habeas corpus challenging his secure detention pending adjudication. The court affirmed the detention, holding that the Risk Assessment Instrument properly included aggravating factor points based on t