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

• Robbins v. State
  915 So. 2d 232· Fla. 3d DCA· 2005-11-23 ·via Writ Of Habeas Corpus
  Andre Robbins petitioned for a writ of habeas corpus challenging his habitual offender sentence as illegal because it was based on non-sequentially sentenced prior offenses. The Florida District Court of Appeal dismissed the petition on both procedural grounds and on the merits,
• Gooch v. State
  913 So. 2d 1273· Fla. 3d DCA· 2005-11-16 ·via Writ Of Habeas Corpus
• Johnson v. Sheriff Ken Jenne & State of Fla.
  913 So. 2d 740· Fla. 4th DCA· 2005-11-02 ·via Writ Of Habeas Corpus
  The trial court erred by denying a bond motion without making required findings regarding willfulness of failure to appear and reasonable bond conditions.
• Palazon v. Crosby
  913 So. 2d 741· Fla. 4th DCA· 2005-11-02 ·via Writ Of Habeas Corpus
  Osvaldo Palazon petitioned for a writ of certiorari to challenge the revocation of his conditional release by the Florida Parole Commission based on a purported waiver of his right to a hearing that was signed only by his attorney, not by Palazon himself. The court held that an a
• White v. Fla. Parole Comm'n
  911 So. 2d 884· Fla. 1st DCA· 2005-09-28 ·via Writ Of Habeas Corpus
• Doak v. State
  911 So. 2d 205· Fla. 3d DCA· 2005-09-21 ·via Writ Of Habeas Corpus
  The Third District Court of Appeal affirmed the trial court's summary denial of a habeas corpus petition on jurisdictional grounds, holding that the petition should have been filed in the Sixth Judicial Circuit where the conviction occurred, without reaching the merits of Doak's
• Colon v. Ric L. Bradshaw
  910 So. 2d 352· Fla. 4th DCA· 2005-09-14 ·via Writ Of Habeas Corpus
  Jose Antonio Colon petitioned for a writ of habeas corpus after being held without bond following his failure to appear at an arraignment. The court granted the petition, finding that the trial court erred by issuing a no-bond capias when administrative order required an own reco
• Raynard Wilder v. State
  909 So. 2d 536· Fla. 1st DCA· 2005-08-31 ·via Writ Of Habeas Corpus
• Baumgardner v. Vercillo
  909 So. 2d 514· Fla. 5th DCA· 2005-08-26 ·via Writ Of Habeas Corpus
  The petition for writ of certiorari or habeas corpus is denied because the trial court's order was not a final determination of custody and the father has other avenues for relief.
• Vargas v. Sec'y, Dep't of Corr.
  373 F. Supp. 2d 1323· M.D. Fla.· 2005-06-20
  The court held that most of the petitioner's claims were procedurally barred, failed to meet the standards for federal habeas relief under 28 U.S.C. § 2254(d), or were based on state law issues not cognizable in federal habeas corpus.
• Presley v. Fla. Parole Comm'n & Fla. Dep't of Corr.
  904 So. 2d 573· Fla. 1st DCA· 2005-06-13
• Wells v. State
  899 So. 2d 506· Fla. 5th DCA· 2005-04-22 ·via Writ Of Habeas Corpus
• McLEOD v. State
  899 So. 2d 506· Fla. 5th DCA· 2005-04-22
• McKNIGHT v. State
  896 So. 2d 973· Fla. 5th DCA· 2005-04-01 ·via Writ Of Habeas Corpus
• Nowling v. State
  895 So. 2d 1273· Fla. 1st DCA· 2005-03-11 ·via Writ Of Habeas Corpus
• Darrow Bethel v. The State of Fla. & Charles McCray
  898 So. 2d 176· Fla. 3d DCA· 2005-03-10 ·via Writ Of Habeas Corpus
  The court held that the notation 'PN/IA' on the appearance bond, meaning Promissory Note/Indemnity Agreement, constituted acceptable collateral under Florida Statutes.
• Murray v. McKELVY
  401 F.3d 1288· 11th Cir.· 2005-03-07
  The Eleventh Circuit affirmed the district court's dismissal of a federal habeas petition challenging Massachusetts consecutive sentences, holding that § 2254 rather than § 2241 was the proper vehicle for such relief and that the petitioner failed to join necessary parties for hi
• Doss v. Crosby
  357 F. Supp. 2d 1334· N.D. Fla.· 2005-02-21
  A habeas petition challenging the loss of gain time is moot when the petitioner's sentence has expired, even if the forfeited gain time could have theoretically shortened the incarceration period.
• Edge v. State
  893 So. 2d 610· Fla. 4th DCA· 2005-02-02
  The court held that while appellate counsel's performance was deficient, the petitioner failed to show the deficiency compromised the appellate process because the underlying legal issue was without merit.
• Gray v. State
  891 So. 2d 640· Fla. 5th DCA· 2005-01-28 ·via Writ Of Habeas Corpus
  Walter Gray petitions for habeas corpus to vacate his cocaine sales conviction, arguing that Howard Academy was not a qualifying "school" under Florida's enhanced penalty statute. The Fifth District Court of Appeal denies the petition, finding it meritless and imposing a restrict
• Mullin v. Jenne
  890 So. 2d 543· Fla. 4th DCA· 2005-01-12 ·via Writ Of Habeas Corpus
  Brooke Mullin petitioned for habeas corpus after a drug court judge ordered her into a custodial treatment program within a pretrial drug court despite her desire to opt out. The court held that while voluntary participation language in the administrative order creates a right to
• M.A. v. State
  890 So. 2d 1190· Fla. 4th DCA· 2005-01-05 ·via Writ Of Habeas Corpus
  The court held that the trial court properly extended a juvenile's detention period by nine days for a newly-ripened felony murder charge, as the circumstances constituted good cause under the statute.
• C. S. v. Jacoby
  893 So. 2d 591· Fla. 4th DCA· 2004-12-17 ·via Writ Of Habeas Corpus
  The court held that the petitioner's detention was not unlawfully extended by stacking detention periods, as the periods were not consecutive.
• S.B. v. State
  884 So. 2d 473· Fla. 4th DCA· 2004-10-06 ·via Writ Of Habeas Corpus
  A trial judge denied early release from indefinite juvenile detention for a 16-year-old committed for accessory after the fact and attempted murder, despite a positive recommendation from the Department of Juvenile Justice. The appellate court upheld the denial, holding that a ju
• Hamilton v. Bieluch
  884 So. 2d 444· Fla. 4th DCA· 2004-10-01 ·via Writ Of Habeas Corpus
  Herbert Hamilton seeks habeas corpus relief from a trial court's denial of bond. The Fourth District Court of Appeal holds that where a defendant is not charged with a capital or life felony, the trial court must consider whether reasonable conditions of release can protect the c
• Jenkins v. State
  882 So. 2d 1049· Fla. 5th DCA· 2004-08-20 ·via Writ Of Habeas Corpus
  Larry Jenkins appealed the denial of his habeas corpus petition challenging his aggravated battery conviction based on alleged victim misidentification. The court affirmed, holding that Jenkins should have raised this argument on direct appeal or in a post-conviction motion under
• Jackson v. State
  877 So. 2d 944· Fla. 4th DCA· 2004-07-28 ·via Writ Of Habeas Corpus
• Lewis v. State
  880 So. 2d 791· Fla. 5th DCA· 2004-07-16 ·via Writ Of Habeas Corpus
  The court affirmed the summary denial of post-conviction relief because the appellant's claim of ineffective appellate counsel was procedurally improper and lacked merit.
• Stanley v. State
  875 So. 2d 796· Fla. 2d DCA· 2004-06-25 ·via Writ Of Habeas Corpus
• Freeze v. State
  875 So. 2d 731· Fla. 2d DCA· 2004-06-11 ·via Writ Of Habeas Corpus
• Lewis v. State
  874 So. 2d 728· Fla. 3d DCA· 2004-06-09 ·via Writ Of Habeas Corpus
  The court held that the defendant's petition for a writ of habeas corpus, in substance a petition for belated appeal, should be denied.
• Branch v. State
  874 So. 2d 708· Fla. 2d DCA· 2004-06-02 ·via Writ Of Habeas Corpus
• Proctor v. State
  873 So. 2d 495· Fla. 5th DCA· 2004-05-14
  Kenya Proctor, convicted of attempted first-degree murder, robbery with a firearm, and kidnapping in 1995, appealed a habeas corpus petition denial. The appellate court affirmed the denial and imposed sanctions prohibiting Proctor from filing further pro se appeals in the case ab
• Kablitz v. Bieluch
  872 So. 2d 429· Fla. 4th DCA· 2004-05-12
  Kablitz sought habeas corpus relief challenging his detention for alleged violation of supervised release. The court granted the petition, finding that Kablitz could not have violated his release conditions because the offenses underlying the violation warrant occurred before his
• McClellan v. State
  872 So. 2d 420· Fla. 4th DCA· 2004-05-07 ·via Writ Of Habeas Corpus
  McClellan petitioned for a writ of habeas corpus challenging his pretrial detention on charges of leaving the scene of an accident with serious injury and death. The Fourth District Court of Appeal granted the petition, finding that the trial court improperly ordered pretrial det
• Bermudez v. State
  870 So. 2d 875· Fla. 3d DCA· 2004-03-03 ·via Writ Of Habeas Corpus
  Bermudez appealed the denial of a habeas corpus petition challenging his DUI/Manslaughter conviction on Fourth Amendment grounds and ineffective assistance of counsel. The Third District Court of Appeal affirmed the denial, holding that Bermudez's claims were time-barred as they
• Young v. Shoap
  862 So. 2d 904· Fla. 2d DCA· 2003-12-22 ·via Writ Of Habeas Corpus
• Arick Justin Rinaldo v. State
  861 So. 2d 510· Fla. 4th DCA· 2003-12-10
  Court denied petitioner's request for hybrid representation (pro se with counsel assistance) and his petition for habeas corpus challenging a six-member jury, holding that Florida law does not permit simultaneous self-representation and counsel assistance, and that a six-member j
• Elvis Hartley v. State
  860 So. 2d 1063· Fla. 5th DCA· 2003-12-05 ·via Writ Of Habeas Corpus
• Diresta v. State
  860 So. 2d 1052· Fla. 5th DCA· 2003-12-05 ·via Writ Of Habeas Corpus
  A defendant is entitled to a belated appeal when prison mail logs confirm non-receipt of the order denying post-conviction relief. However, a motion to amend a post-conviction motion filed more than two years after the mandate is untimely.
• Johnson v. Fla. Parole Comm'n
  860 So. 2d 504· Fla. 1st DCA· 2003-11-26 ·via Writ Of Habeas Corpus
• Hamilton
  Del.· 2003-09-30
  The Delaware Supreme Court affirmed the Superior Court's judgment on remand, holding that the Superior Court properly reconsidered the appellant's sentence calculation claim. The court found that the law of the case doctrine did not preclude reconsideration because the prior ruli
• Howard v. Fla. Parole Comm'n
  855 So. 2d 245· Fla. 1st DCA· 2003-09-26 ·via Writ Of Habeas Corpus
  Sidney Howard sought certiorari review of a circuit court's denial of his habeas corpus petition challenging the revocation of his conditional release supervision based on a positive marijuana test. The court granted the petition, finding that Howard's drug use occurred before he
• Burnam v. State
  854 So. 2d 838· Fla. 5th DCA· 2003-09-19 ·via Writ Of Habeas Corpus
  The court held that the initial probable cause hearing judge must either find probable cause, find no probable cause, or continue the hearing for a limited time, and that a subsequent finding of probable cause without new information was improper.
• Kinsey v. State
  854 So. 2d 830· Fla. 5th DCA· 2003-09-19 ·via Writ Of Habeas Corpus
  James Kinsey, convicted of first-degree murder in 1990 and sentenced to life imprisonment with a 25-year minimum mandatory term, sought to file additional pro se appeals and collateral attacks on his conviction. The court imposed restrictions on his future pro se filings, finding
• Renwick Keel v. Fla. Parole Comm'n
  849 So. 2d 1138· Fla. 1st DCA· 2003-07-17 ·via Writ Of Habeas Corpus
• Goebel v. State
  848 So. 2d 479· Fla. 5th DCA· 2003-07-03 ·via Writ Of Habeas Corpus
  Eric Goebel seeks a writ of habeas corpus challenging the effectiveness of his appellate counsel who failed to file an answer brief in an interlocutory appeal of a suppression order. The court holds that Goebel may be entitled to a belated appeal, but only after withdrawing his g
• Williams v. State
  848 So. 2d 432· Fla. 2d DCA· 2003-07-02 ·via Writ Of Habeas Corpus
• Myles v. United States
  268 F. Supp. 2d 1329· M.D. Fla.· 2003-06-20
  A petitioner's failure to file a § 2255 motion within the one-year limitations period, even for claims based on newly recognized rights, does not render the § 2255 remedy inadequate or ineffective to allow use of the § 2241 savings clause.
• Mills v. Glover
  844 So. 2d 764· Fla. 1st DCA· 2003-05-12 ·via Writ Of Habeas Corpus