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

• Pope v. State
  841 So. 2d 677· Fla. 5th DCA· 2003-04-11 ·via Writ Of Habeas Corpus
  Charles Pope appeals the dismissal of his habeas corpus petition challenging his 1993 kidnapping and robbery convictions and sentences. The court affirms the dismissal, finding Pope's claims successive, untimely, and lacking merit, and imposes sanctions prohibiting further pro se
• Travoris Lamar George v. State
  840 So. 2d 1172· Fla. 5th DCA· 2003-04-04 ·via Writ Of Habeas Corpus
  Travoris George petitioned for a writ of habeas corpus challenging his conviction for the sixth time, raising an evidentiary claim he had previously raised multiple times. The Florida District Court of Appeal affirmed its prior warning and denied the writ, imposing a restriction
• Romahn v. State
  840 So. 2d 294· Fla. 5th DCA· 2003-01-31
  An improper upward departure sentence under the guidelines is procedurally barred from being raised in a petition for writ of habeas corpus. Re-arguing a previously denied motion is successive and improper.
• Marino v. State
  835 So. 2d 303· Fla. 5th DCA· 2002-12-20 ·via Writ Of Habeas Corpus
• Hammett v. State
  827 So. 2d 406· Fla. 5th DCA· 2002-10-11 ·via Writ Of Habeas Corpus
  Allen Hammett appeals the trial court's denial of his emergency petition for writ of habeas corpus, claiming his post-conviction counsel was ineffective for failing to raise a conflict-of-interest claim regarding his trial attorney. The court affirmed the denial, finding the issu
• Perez v. Dept. of Corrections
  227 F. Supp. 2d 1298· S.D. Fla.· 2002-09-30 ·via Habeas Corpus Relief
  Henry Perez was convicted in 1993 of attempted felony murder and sentenced to 25 years imprisonment. His appellate counsel, J. Rafael Rodriguez, failed to keep Perez's direct appeal alive after the Third District Court of Appeal affirmed the conviction in November 1994, despite k
• W.B.T. v. Enoc Esteves
  825 So. 2d 1055· Fla. 4th DCA· 2002-09-18 ·via Writ Of Habeas Corpus
  W.B.T., a juvenile detained in secure detention, petitioned for habeas corpus, arguing that consecutive twenty-one-day detention orders for separate delinquent acts violated Florida's statutory limit on pre-adjudicatory detention. The court held that consecutive detention periods
• Glenn v. State
  827 So. 2d 292· Fla. 5th DCA· 2002-08-30 ·via Writ Of Habeas Corpus
  The court held that the trial court correctly denied the petition for writ of habeas corpus because the petitioner has no right to immediate release.
• Connelly v. Fla. Parole Comm'n & Michael W. Moore
  826 So. 2d 432· Fla. 1st DCA· 2002-08-14 ·via Writ Of Habeas Corpus
  Michael Connelly sought certiorari review of a circuit court order addressing his habeas corpus petition challenging revocation of his conditional release. The appellate court denied the petition because the order neither granted nor denied relief on the merits, making it non-rev
• del Campo v. Spears
  840 So. 2d 259· Fla. 3d DCA· 2002-07-30 ·via Writ Of Habeas Corpus
  The court held that the petition for writ of habeas corpus must be granted because the petitioner has no other assets to pay the purge amount after his car was sold.
• Carter v. State
  821 So. 2d 1162· Fla. 4th DCA· 2002-07-17 ·via Writ Of Habeas Corpus
  The court dismissed the appeal and sanctioned the petitioner for violating a prior order prohibiting pro se filings of time-barred or previously resolved issues.
• J.S.C. v. Dep't OF Child. & Families
  820 So. 2d 441· Fla. 5th DCA· 2002-07-05 ·via Writ Of Habeas Corpus
  The court held that an interested person has standing to file a motion for change of placement for a dependent child. The court treated the habeas corpus petition as a petition for writ of mandamus.
• Craig v. State
  820 So. 2d 1005· Fla. 5th DCA· 2002-06-28
  Robert Craig appeals the denial of his Rule 3.850 motion for postconviction relief seeking a new trial based on allegedly newly discovered evidence. The court affirmed the denial, finding that Craig's claims were not truly newly discovered and that he had received ample due proce
• Lundy v. Lundy
  819 So. 2d 991· Fla. 1st DCA· 2002-06-27 ·via Writ Of Habeas Corpus
• Mosley v. State
  820 So. 2d 395· Fla. 5th DCA· 2002-05-31 ·via Writ Of Habeas Corpus
  The court held that the trial court erred in denying Mosley's petition for a writ of habeas corpus because his readjudication of guilt for prior offenses was a legal nullity, rendering him ineligible for conditional release.
• Ross v. Moore
  817 So. 2d 1017· Fla. 2d DCA· 2002-05-31
  Dwight Ross seeks certiorari review of a circuit court's denial of his habeas corpus petition seeking prison time credit under Florida's overcrowding statutes. The appellate court holds that Ross has stated a valid claim and remands for the trial court to determine as a factual m
• Gorman v. Fla. Parole Comm'n
  817 So. 2d 940· Fla. 1st DCA· 2002-05-22
• Meyer v. Moore
  826 So. 2d 330· Fla. 2d DCA· 2002-04-03 ·via Writ Of Habeas Corpus
  Jack Meyer, a Kansas inmate transferred to Florida to serve his life sentence under the Interstate Corrections Compact, sought habeas corpus relief requesting return to Kansas. The court denied his petition for writ of certiorari, holding that Florida courts lack jurisdiction ove
• Moore v. State
  813 So. 2d 201· Fla. 5th DCA· 2002-03-28
  The Fifth District Court of Appeal denied Moore's habeas corpus petition for lack of jurisdiction, holding that such petitions must be filed in the appellate district where the trial occurred, not where the defendant is incarcerated.
• Yeager v. State
  809 So. 2d 913· Fla. 5th DCA· 2002-03-15 ·via Writ Of Habeas Corpus
• Al Najjar v. Ashcroft
  186 F. Supp. 2d 1235· S.D. Fla.· 2002-02-19
  The court held that the Attorney General has discretion to detain an alien for six months following a final deportation order, and the petitioner's detention during this period is presumed lawful. The court also found that the conditions of confinement did not violate the Fifth A
• Havlicek v. State
  804 So. 2d 601· Fla. 5th DCA· 2002-01-18 ·via Writ Of Habeas Corpus
  Havlicek petitioned for certiorari review of a circuit court's denial of his habeas corpus petition, challenging the Department of Corrections' authority to forfeit gain time both through disciplinary action and following his criminal conviction for the same escape. The court den
• Delroy Gibson v. Fla. Parole Comm'n
  801 So. 2d 286· Fla. 4th DCA· 2001-12-12 ·via Writ Of Habeas Corpus
  The court held that a parolee returned to Florida's jurisdiction is entitled to a hearing on a parole violation, even if previously held in federal custody.
• Librun Jean Henriquez v. State
  796 So. 2d 648· Fla. 3d DCA· 2001-10-25 ·via Writ Of Habeas Corpus
  The court held that the petitioner is entitled to immediate discharge from custody based on the trial court's actions following a prior remand.
• Hennessey v. State
  795 So. 2d 1126· Fla. 5th DCA· 2001-10-05 ·via Writ Of Habeas Corpus
  The court held that the trial court erred by failing to grant credit for time previously served in jail when imposing a new sentence after a violation of community control.
• Burkhart v. Jenne
  814 So. 2d 1064· Fla. 4th DCA· 2001-09-28 ·via Writ Of Habeas Corpus
  Petitioner Burkhart, arrested on a South Carolina warrant for money laundering, challenged a bail condition requiring him to surrender to South Carolina officials within twenty days. The Florida Fourth District Court of Appeal held that such a condition was invalid because it cir
• Richardson v. State
  792 So. 2d 647· Fla. 3d DCA· 2001-08-29 ·via Writ Of Habeas Corpus
  Henry Richardson petitioned for a writ of habeas corpus claiming his attorney failed to pursue an appeal as requested and that his plea was involuntary due to lack of notice of enhancement. The court denied the habeas petition without prejudice but remanded the ineffective assist
• Clark v. State
  793 So. 2d 135· Fla. 2d DCA· 2001-08-22 ·via Writ Of Habeas Corpus
• Joiner v. State
  790 So. 2d 1211· Fla. 2d DCA· 2001-08-03 ·via Writ Of Habeas Corpus
• Fla. Dep't OF Corr. v. Davis
  789 So. 2d 1220· Fla. 1st DCA· 2001-07-24
  The Florida Department of Corrections petitioned for certiorari to review a circuit court's grant of habeas corpus relief to Jesse Davis regarding his release date calculation. The appellate court granted the petition, finding the circuit court improperly granted the habeas petit
• Darrin Godwin v. State
  788 So. 2d 1137· Fla. 5th DCA· 2001-07-13 ·via Writ Of Habeas Corpus
  The court held that the state's response did not resolve the factual dispute regarding the defendant's receipt of the order and the timeliness of an appeal.
• Tamera Simpson v. Campbell
  791 So. 2d 496· Fla. 1st DCA· 2001-06-26 ·via Writ Of Habeas Corpus
  Tamera Simpson petitioned for a writ of habeas corpus after being convicted of simple battery and denied bail pending post-trial proceedings. The court granted relief, finding that the trial judge abused its discretion by applying a blanket policy requiring immediate jailing of c
• Martin v. Sheriff Edward Bieluch
  786 So. 2d 1229· Fla. 4th DCA· 2001-06-06 ·via Writ Of Habeas Corpus
  The law firm appealed a partial summary judgment in favor of the McAlpins, who were represented by the firm in a California lawsuit. The trial court found the McAlpins were not obligated to pay the firm, but the appellate court affirmed on some theories and reversed on others.
• Johnston v. Moore
  789 So. 2d 262· Fla.· 2001-04-12 ·via Writ Of Habeas Corpus
  David Eugene Johnston, a death row inmate, petitioned for habeas corpus claiming the Florida Supreme Court applied an incorrect standard of review to his ineffective assistance of counsel claim in a prior decision. The court denied the petition, holding that Stephens v. State did
• Hamilton v. Moore
  782 So. 2d 485· Fla. 1st DCA· 2001-03-27 ·via Writ Of Habeas Corpus
• Brown v. Kathleen Kearney/Secretary
  778 So. 2d 541· Fla. 3d DCA· 2001-03-13 ·via Writ Of Habeas Corpus
  The court held that the trial court's order for involuntary hospitalization was improper because it departed from statutory requirements regarding less restrictive treatment alternatives.
• JOE v. Moore
  787 So. 2d 55· Fla. 2d DCA· 2001-02-23 ·via Writ Of Habeas Corpus
• Prevatt v. State
  776 So. 2d 1114· Fla. 5th DCA· 2001-02-09 ·via Writ Of Habeas Corpus
  The petition for a writ of habeas corpus is dismissed because the petitioner cannot simultaneously be represented by counsel and elect self-representation, and because he failed to seek a bail reduction in the trial court first.
• Boyd v. Jenne
  791 So. 2d 15· Fla. 4th DCA· 2001-02-07 ·via Writ Of Habeas Corpus
  Boyd petitioned for habeas corpus relief after his bond was set at twice the scheduled amount for a refiled charge without notice at a status conference. The court granted the petition in part, finding that while the trial court had discretion to set a new bond on the refiled cha
• Odom v. State
  776 So. 2d 1032· Fla. 1st DCA· 2001-01-31 ·via Writ Of Habeas Corpus
• McCLAIN v. Moore
  775 So. 2d 1003· Fla. 1st DCA· 2001-01-10 ·via Writ Of Habeas Corpus
• MacK v. Singletary
  142 F. Supp. 2d 1369· S.D. Fla.· 2001-01-03 ·via Writ Of Habeas Corpus
  The court held that the trial court did not err in denying the motion to substitute counsel or the motion for continuance, and that the petitioner's other claims lacked merit.
• Rowe v. State
  777 So. 2d 1010· Fla. 1st DCA· 2000-12-21 ·via Writ Of Habeas Corpus
  Joseph Rowe sought enforcement of an appellate mandate directing the circuit court to treat his habeas corpus petition as a mandamus petition. The circuit court dismissed the petition for noncompliance with statutory filing fee requirements, which this court found improper given
• Lykins v. State
  770 So. 2d 240· Fla. 1st DCA· 2000-10-26 ·via Writ Of Habeas Corpus
  The court dismissed an untimely appeal and denied a petition for belated appeal, directing the petitioner to seek relief from judgment in the trial court under Florida Rule of Civil Procedure 1.540(b).
• J.S. v. Monta Clemons
  769 So. 2d 1099· Fla. 2d DCA· 2000-09-29 ·via Writ Of Habeas Corpus
• Maxwell v. State
  766 So. 2d 1221· Fla. 1st DCA· 2000-09-21 ·via Writ Of Habeas Corpus
  A writ of habeas corpus is granted to allow a belated appeal from an order denying post-conviction relief when counsel did not receive timely notice of the order.
• Kendrick v. Secretary Michael Moore
  767 So. 2d 1261· Fla. 1st DCA· 2000-09-21
  The court reversed the dismissal of a habeas corpus petition challenging Close Management Level I placement because the petitioner had exhausted his administrative remedies regarding the CMI status grievance, contrary to the lower court's finding.
• Thacker v. Singletary
  145 F. Supp. 2d 1332· S.D. Fla.· 2000-09-19 ·via Writ Of Habeas Corpus
  The court held that the petitioner's federal habeas corpus claim was not procedurally defaulted because the state courts did not clearly and expressly state that their judgment rested on a state procedural bar for the specific motion filed.
• Culberhouse v. State
  765 So. 2d 906· Fla. 5th DCA· 2000-08-25 ·via Writ Of Habeas Corpus
  Culberhouse appealed the denial of his habeas corpus petition challenging his criminal conviction. The court affirmed the trial court's dismissal, holding that habeas corpus was an improper procedural vehicle, but clarified that Culberhouse could seek relief through a Rule 3.800
• Williams v. Florida
  109 F. Supp. 2d 1372· S.D. Fla.· 2000-08-23
  The petition for a writ of habeas corpus is denied because the petitioner failed to present evidence of systematic exclusion or purposeful discrimination in jury selection and the presumption of regularity attaches to the conviction.