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

• Demetrio R. Gabriele v. State
  764 So. 2d 924· Fla. 4th DCA· 2000-08-16 ·via Writ Of Habeas Corpus
• Garcia v. State
  764 So. 2d 821· Fla. 4th DCA· 2000-07-26 ·via Writ Of Habeas Corpus
• Fraley v. State
  762 So. 2d 549· Fla. 3d DCA· 2000-06-28 ·via Writ Of Habeas Corpus
  Ronnie Fraley appeals the denial of his motion for postconviction relief and petitions for habeas corpus, arguing his attempted murder convictions should be set aside because attempted first degree felony murder was abolished by State v. Gray. The court holds that Fraley's convic
• St. Germain v. Isenhower
  98 F. Supp. 2d 1366· S.D. Fla.· 2000-05-30
  Claims brought under 42 U.S.C. § 1983 are dismissed because they would necessarily imply the invalidity of the plaintiff's convictions, which have not been overturned. The one claim not barred by Heck fails to state a claim upon which relief can be granted.
• Harry v. State
  758 So. 2d 1187· Fla. 2d DCA· 2000-05-10 ·via Writ Of Habeas Corpus
  Florida appellate court reversed the circuit court's denial of habeas corpus petition because section 57.085 does not apply to habeas corpus petitions and the Florida Constitution guarantees habeas corpus freely and without cost.
• R.A. v. State
  756 So. 2d 1115· Fla. 3d DCA· 2000-05-10 ·via Writ Of Habeas Corpus
  Trial court properly imposed thirty days of home detention as a special condition of community control for a juvenile who entered a nolo contendere plea to armed burglary, and the petition for habeas corpus is denied.
• Sanders v. State
  756 So. 2d 236· Fla. 3d DCA· 2000-04-26 ·via Writ Of Habeas Corpus
  Charles Sanders, convicted in 1972 of capital rape and sentenced to life imprisonment, petitioned for a writ of mandamus (treated as certiorari) seeking an effective parole release date. The Florida District Court of Appeal affirmed the Parole Commission's discretion to suspend h
• Barron v. Moore
  754 So. 2d 893· Fla. 1st DCA· 2000-04-20 ·via Writ Of Habeas Corpus
  Michael Barron appealed the dismissal of his habeas corpus petition challenging the Department of Corrections' deduction of gain time. The court reversed and remanded, finding that Barron's habeas petition raised a different issue than his earlier mandamus petition and thus was n
• Thomas v. Jenne
  766 So. 2d 320· Fla. 4th DCA· 2000-03-29 ·via Writ Of Habeas Corpus
  The appellate court denied the petition for writ of habeas corpus seeking to quash the trial court's order denying bond.
• Lopez-Morgan v. Reno
  1992 WL 64603· S.D. Fla.· 2000-03-23 ·via Writ Of Habeas Corpus
  The court held that it has subject matter jurisdiction to hear the habeas corpus petition and that the AEDPA was improperly applied retroactively to the petitioner's waiver application.
• Smith v. State
  752 So. 2d 1280· Fla. 1st DCA· 2000-03-17 ·via Writ Of Habeas Corpus
• Woody v. Fla. Parole Comm'n & Fla. Dep't of Corr.
  752 So. 2d 1273· Fla. 4th DCA· 2000-03-15
  The trial court erred in dismissing the habeas corpus petition for lack of jurisdiction, and should have transferred the case to the appropriate court.
• Desmond Newkirk v. Jenne
  754 So. 2d 61· Fla. 4th DCA· 2000-03-01 ·via Writ Of Habeas Corpus
  The Florida Fourth District Court of Appeal granted a writ of habeas corpus for Desmond Newkirk, who was held in custody without a valid probation violation warrant or affidavit. The court clarified that circuit courts have concurrent jurisdiction to grant habeas relief in their
• Nevadomski v. Jenne
  756 So. 2d 117· Fla. 4th DCA· 2000-01-14 ·via Writ Of Habeas Corpus
  The appellate court granted a petition for writ of habeas corpus, finding that a judge improperly revoked a defendant's bond. The court held that new information presented to the second judge did not warrant revocation because the information was already known to the initial judg
• V.P. As Father of T.P. v. Dep't OF Child. & Families
  746 So. 2d 590· Fla. 5th DCA· 1999-12-23 ·via Habeas Corpus Relief
  The court affirmed an order awarding supplemental benefits to an employee who suffered a work-related permanent total disability, rejecting the employer's contention that benefits should be capped at the employee's average weekly wage at the time of the accident.
• James v. State
  747 So. 2d 461· Fla. 2d DCA· 1999-12-22 ·via Writ Of Habeas Corpus
  In an Anders appeal, the Second District affirmed the trial court's denial of James's Rule 3.850 post-conviction motion. The court declined to address James's claim of ineffective assistance of post-conviction counsel because it was not first presented to the trial court, but per
• Adolphus S. Ashley v. Moore
  746 So. 2d 584· Fla. 1st DCA· 1999-12-22
  Ashley petitioned for habeas corpus challenging the Florida Department of Corrections' failure to respond to his formal grievances. The court granted certiorari, quashed the denial order, and remanded, finding that Ashley made a prima facie showing for mandamus relief and that DO
• Bower v. Fla. Parole Comm'n
  744 So. 2d 1267· Fla. 3d DCA· 1999-12-08 ·via Writ Of Habeas Corpus
• Palmer Williamson v. Moore
  745 So. 2d 529· Fla. 1st DCA· 1999-12-08 ·via Writ Of Habeas Corpus
• Phillips v. State
  745 So. 2d 417· Fla. 1st DCA· 1999-10-29 ·via Writ Of Habeas Corpus
• Adolphus S. Ashley v. Moore
  742 So. 2d 533· Fla. 1st DCA· 1999-10-20 ·via Writ Of Habeas Corpus
  Adolphus Ashley challenged the trial court's denial of his habeas corpus petition by appealing to the appellate court, which converted the appeal to a certiorari petition. The court dismissed the petition for lack of jurisdiction because Ashley failed to timely serve his motion f
• Lowery v. Broward Cnty. Sheriff
  742 So. 2d 389· Fla. 4th DCA· 1999-08-25 ·via Writ Of Habeas Corpus
• Bruno v. Moore
  741 So. 2d 570· Fla. 1st DCA· 1999-08-20 ·via Writ Of Habeas Corpus
  Keith Bruno challenges the parole commission's revocation of his control release while he remained under concurrent community control supervision. The court holds that the parole commission violated statutory requirements by revoking control release before the community control t
• Lapushinsky v. Campbell
  738 So. 2d 514· Fla. 1st DCA· 1999-08-17 ·via Writ Of Habeas Corpus
• Pinto v. State
  737 So. 2d 1239· Fla. 5th DCA· 1999-08-06 ·via Writ Of Habeas Corpus
• Hill v. State
  739 So. 2d 634· Fla. 4th DCA· 1999-07-07 ·via Writ Of Habeas Corpus
  Angela Hill, detained on a violation of probation charge since June 1, 1999 without a first appearance or bond hearing, petitioned for a writ of habeas corpus. The Florida Fourth District Court of Appeal granted the petition, holding that statutory and procedural requirements for
• Abdul M. Bilal v. State
  732 So. 2d 1210· Fla. 1st DCA· 1999-06-02 ·via Writ Of Habeas Corpus
  The court held that the petitioner is not entitled to a belated appeal because he did not instruct his attorney to file one.
• Steele v. State
  733 So. 2d 1117· Fla. 4th DCA· 1999-05-26 ·via Writ Of Habeas Corpus
  The court affirmed the denial of appellant's motion for credit for time served because the 1996 sentencing order properly directed the Department of Corrections to award such credit, and the appellant may pursue mandamus relief after exhausting administrative remedies.
• Blackwelder v. Vedder
  734 So. 2d 523· Fla. 5th DCA· 1999-05-21 ·via Writ Of Habeas Corpus
  Benjamin Blackwelder challenged his civil contempt incarceration for nonpayment of alimony, arguing he lacked the present ability to pay the purge amount. The court granted his habeas corpus petition, finding the trial court erred in ordering his jail commitment because he met hi
• Price v. Hon. Diane Matousek
  727 So. 2d 1119· Fla. 5th DCA· 1999-03-12
• McARTHUR v. State
  730 So. 2d 333· Fla. 5th DCA· 1999-03-05
  Florida appellate court affirmed denial of habeas corpus, holding that the legislature may constitutionally distinguish between completed and attempted sexual battery for purposes of gain time eligibility.
• Strange v. State
  732 So. 2d 1117· Fla. 5th DCA· 1999-02-19 ·via Writ Of Habeas Corpus
• Turner v. Singletary
  46 F. Supp. 2d 1238· N.D. Fla.· 1999-01-26
  The court held that a pro se prisoner's petition for writ of habeas corpus is not deemed filed until it is received by the clerk of court, and mailing it on the last day of the limitation period does not constitute timely filing. Furthermore, the court found that the petitioner h
• Raulerson v. State
  724 So. 2d 641· Fla. 4th DCA· 1999-01-06 ·via Writ Of Habeas Corpus
  A defendant's conviction was affirmed by one panel of the appellate court, but a co-defendant's nearly identical conviction was reversed by a different panel on the same legal issue due to court administrative error. The court granted the defendant's petition for habeas corpus an
• G.T. v. Adoption OF A.E.T.
  725 So. 2d 404· Fla. 4th DCA· 1999-01-05
  In this case of first impression in Florida, the Fourth District Court of Appeal affirmed a trial court's finding that both biological parents abandoned their minor child and thus their consent to adoption could be excused. The court rejected the father's argument that his mistak
• Rodriguez v. Reno
  164 F.3d 575· 11th Cir.· 1999-01-04
  Ernesto Alonso Mejia Rodriguez, a Honduran national, challenged his 1994 deportation order through a § 2241 habeas corpus petition after his state drug conviction was vacated in 1997 on ineffective assistance of counsel grounds. The Eleventh Circuit affirmed the district court's
• Smith v. State
  720 So. 2d 577· Fla. 5th DCA· 1998-10-09 ·via Writ Of Habeas Corpus
• Toole v. State
  717 So. 2d 183· Fla. 1st DCA· 1998-09-17 ·via Writ Of Habeas Corpus
• Maguna-Celaya v. Haro
  19 F. Supp. 2d 1337· S.D. Fla.· 1998-08-28 ·via Writ Of Habeas Corpus
  The court held that the magistrate erred in certifying extradition because the evidence of torture and coerced statements, which obliterated probable cause, should have been fully considered.
• In the Interest of A.W. v. State
  718 So. 2d 236· Fla. 2d DCA· 1998-08-21 ·via Writ Of Habeas Corpus
  Maternal grandparents challenged the Broward County circuit court's jurisdiction over a dependency proceeding, arguing that Polk County retained exclusive jurisdiction after initially granting them custody in a suspended adoption case. The appellate court denied writs of prohibit
• Carter v. State
  713 So. 2d 1103· Fla. 4th DCA· 1998-07-22
• LeBLANC v. State
  713 So. 2d 1064· Fla. 1st DCA· 1998-07-09 ·via Writ Of Habeas Corpus
  Court grants mandamus relief to compel trial court to issue final disposition on defendant's motion to correct illegal sentence after trial court issued only a preliminary order.
• Noel v. United States
  1998 WL 414016· M.D. Fla.· 1998-07-06 ·via Habeas Corpus Relief
  The court held that the Magistrate Judge had jurisdiction, the offense was within the treaty, there was evidence warranting probable cause, the extradition statute is constitutional, the Magistrate Judge had authority to preside, and recusal was not warranted.
• Haye v. State
  713 So. 2d 1061· Fla. 5th DCA· 1998-07-02 ·via Writ Of Habeas Corpus
  Howard Haye petitioned for a writ of habeas corpus to file a belated appeal, claiming his appellate counsel was ineffective for failing to raise certain trial errors on direct appeal. The Florida District Court of Appeal denied the petition, holding that Haye's ineffective assist
• Blount v. Singletary
  711 So. 2d 645· Fla. 1st DCA· 1998-06-22 ·via Writ Of Habeas Corpus
• D.M., Sr. v. Glover
  711 So. 2d 259· Fla. 1st DCA· 1998-06-04 ·via Writ Of Habeas Corpus
  Habeas corpus petition granted because trial court failed to make a finding of present ability to pay before imposing consecutive jail terms for civil contempt.
• Cole v. State
  714 So. 2d 479· Fla. 2d DCA· 1998-06-01 ·via Writ Of Habeas Corpus
  Steven Cole was convicted of indirect criminal contempt for violating a court order for involuntary substance abuse treatment under the Marchman Act. The Florida Second District Court of Appeal quashed his conviction and sentence, finding the treatment order void for lack of subj
• Berthold v. State
  709 So. 2d 207· Fla. 5th DCA· 1998-05-15 ·via Writ Of Habeas Corpus
• Menefee v. State
  710 So. 2d 227· Fla. 2d DCA· 1998-05-15
  The appellate court affirmed the trial court's denial of a motion to restore appellate rights, finding the trial court lacked jurisdiction.
• E.P.H., Jr. v. Wright
  708 So. 2d 673· Fla. 4th DCA· 1998-04-08 ·via Writ Of Habeas Corpus