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

• Sonny M. Steel v. Jenne
  710 So. 2d 993· Fla. 4th DCA· 1998-03-27 ·via Writ Of Habeas Corpus
• Walker v. State
  707 So. 2d 1179· Fla. 5th DCA· 1998-03-20 ·via Writ Of Habeas Corpus
  Walker petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise on appeal that the trial court erred in clearing the courtroom during minor victims' testimony in his sexual battery case. The court denied the petition, holding that
• Steele v. Kehoe
  724 So. 2d 1192· Fla. 5th DCA· 1998-03-20 ·via Writ Of Habeas Corpus
  This case concerns whether a convicted criminal may sue their privately retained lawyer for malpractice when the lawyer agrees to file a timely motion for collateral relief but fails to do so.
• S.J.J. v. Gnat
  707 So. 2d 393· Fla. 1st DCA· 1998-02-27
  Juvenile charged with second-degree felony drug possession near school qualifies for release from detention because he lacks prior criminal record and does not meet statutory criteria for pre-adjudication detention under Florida law.
• Beene v. Singletary
  706 So. 2d 125· Fla. 1st DCA· 1998-02-26 ·via Writ Of Habeas Corpus
• Richardson v. Reno
  994 F. Supp. 1466· S.D. Fla.· 1998-02-13 ·via Writ Of Habeas Corpus
  The court held that it has jurisdiction to review the denial of a bond hearing for a lawful permanent resident and that the 'arriving alien' designation, as interpreted by the BIA, does not apply to him.
• Brunskill v. State
  704 So. 2d 211· Fla. 5th DCA· 1998-01-16 ·via Writ Of Habeas Corpus
  Brunskill, a death row inmate convicted in 1986 of first-degree murder, kidnapping, and false imprisonment, sought a writ of mandamus or habeas corpus to compel disclosure of state attorney files and other records. The appellate court denied the petition without prejudice, findin
• Hill v. Fla. Dep't OF Corr.
  703 So. 2d 1211· Fla. 1st DCA· 1997-12-31 ·via Writ Of Habeas Corpus
• Samuels v. State
  701 So. 2d 916· Fla. 4th DCA· 1997-12-03 ·via Writ Of Habeas Corpus
• Kalvin Denny v. Singletary
  697 So. 2d 1309· Fla. 4th DCA· 1997-08-20 ·via Writ Of Habeas Corpus
• Efrim Chappell v. State
  696 So. 2d 1366· Fla. 5th DCA· 1997-07-25 ·via Writ Of Habeas Corpus
  The court held that a commissioner should be appointed to resolve the factual dispute regarding whether the petitioner requested his trial counsel to file an appeal.
• Leath v. State
  694 So. 2d 855· Fla. 4th DCA· 1997-06-04 ·via Habeas Corpus Relief
  Willie Leath appealed an order denying his post-conviction motion for leave to file a belated appeal from his community control revocation and prison sentence. The court granted the state's motion for rehearing, withdrew its prior opinion, and remanded for an evidentiary hearing
• C.H. v. The Honorable Robert Makemson & Robert Peterson
  692 So. 2d 302· Fla. 4th DCA· 1997-04-30 ·via Writ Of Habeas Corpus
  The court held that the trial court exceeded its statutory authority by ordering ten days of secure detention for a subsequent violation of home detention conditions.
• Larsen v. State of Fla. & Harry K. Singletary
  693 So. 2d 53· Fla. 4th DCA· 1997-04-02
  Glenn Allen Larsen sought habeas corpus relief claiming his appellate counsel was ineffective because his co-defendant's sentence was reversed on the same sentencing issue while Larsen's conviction and sentence were affirmed without opinion. The court denied the petition, finding
• In the Interest of K.K. v. Taylor
  703 So. 2d 1064· Fla. 2d DCA· 1997-02-05 ·via Writ Of Habeas Corpus
  The court held that a juvenile cannot be held in secure detention pending a dispositional hearing based solely on a provision in a risk assessment instrument that governs pre-adjudicatory detention, absent new evidence or changed circumstances.
• Owens v. Singletary
  687 So. 2d 1298· Fla.· 1996-12-19
  Florida Supreme Court denied habeas corpus petition where inmate sought release based on claim that a sentence reduction order was illegal, holding that having jointly stipulated to the reduction and been released based on it, he cannot now challenge its legality, and any subsequ
• Threadgill v. State
  683 So. 2d 171· Fla. 5th DCA· 1996-11-08 ·via Writ Of Habeas Corpus
• Kidwell v. McCutcheon
  962 F. Supp. 1477· S.D. Fla.· 1996-10-30 ·via Habeas Corpus Relief
  The court held that the petitioner had set forth a colorable cause for invoking federal jurisdiction, granting habeas corpus relief due to uncertainty in state law and clarity in federal law regarding journalist privilege.
• T.B. v. Wright
  679 So. 2d 82· Fla. 4th DCA· 1996-09-12 ·via Writ Of Habeas Corpus
  A juvenile petitioner challenges her detention beyond the statutory 21-day limit prior to adjudication on burglary charges. The court granted the habeas corpus petition, holding that prior criminal record and perceived danger to the community do not constitute 'good cause' under
• Morgan v. Singletary
  669 So. 2d 1126· Fla. 4th DCA· 1996-03-20 ·via Writ Of Habeas Corpus
• T.O. v. Alachua Reg'l Juv. Detention Ctr.
  668 So. 2d 243· Fla. 1st DCA· 1996-02-15 ·via Writ Of Habeas Corpus
  The court held that it had jurisdiction to grant a writ of habeas corpus for a juvenile detained beyond the statutory limit, even though the detention order originated from a different circuit, because the detaining party was within its territorial jurisdiction.
• Ashley v. Singletary
  666 So. 2d 186· Fla. 1st DCA· 1995-12-18 ·via Writ Of Habeas Corpus
  James D. Ashley appealed the denial of his habeas corpus/mandamus petition challenging the Department of Corrections' structuring of his multiple sentences. The court reversed and remanded for reconsideration in light of the intervening Orosz v. Singletary decision, which affecte
• Friedland v. State of Fla. Dep't OF Health & Rehabilitative Servs.
  661 So. 2d 1286· Fla. 4th DCA· 1995-11-01 ·via Writ Of Habeas Corpus
  The Florida appellate court reversed the trial court's dismissal of a dependency petition and held that the trial court retained jurisdiction to enforce the dismissal order requiring the return of a child placed in shelter care. The decision establishes that courts have inherent
• T.A. v. Wimberly
  660 So. 2d 1130· Fla. 4th DCA· 1995-09-06 ·via Writ Of Habeas Corpus
  T.A., a juvenile adjudicated delinquent for carrying a concealed firearm, challenges his immediate 5-day secure detention imposed under Florida Statutes section 790.22(9). The court holds that mandatory detention under this statute must be imposed at a formal disposition hearing
• Collins v. Honorable Bob Anderson Mitcham
  660 So. 2d 347· Fla. 2d DCA· 1995-09-01 ·via Writ Of Habeas Corpus
  The court held that the trial court's denial of post-conviction relief was insufficient and that the petitioner should be granted a belated appeal.
• Louth v. Mariellen Williams
  657 So. 2d 1239· Fla. 2d DCA· 1995-07-07 ·via Writ Of Habeas Corpus
  James Robert Louth challenges a trial court order awarding attorney's fees to his former wife, Mariellen Williams, for services rendered in defending a motion for rehearing. The court reverses the attorney's fee award, finding it was error to award fees when Williams was defendin
• Bruce v. State
  656 So. 2d 557· Fla. 5th DCA· 1995-06-18 ·via Writ Of Habeas Corpus
  Gary Bruce challenges a contempt of court order requiring him to complete remodeling work as part of a marriage dissolution settlement. The court grants his habeas corpus petition, finding that the contempt order was fatally defective because it did not clearly specify what acts
• Keller v. State
  652 So. 2d 1278· Fla. 5th DCA· 1995-04-13
• Holloway v. Franklin
  652 So. 2d 1217· Fla. 1st DCA· 1995-04-04 ·via Writ Of Habeas Corpus
  Holloway was sentenced to 179 days in jail for contempt of a domestic violence injunction with a condition that he receive no good or gain time. The court granted his habeas corpus petition, holding that a sentencing judge lacks authority to preclude a defendant from receiving ga
• Guzman v. State
  651 So. 2d 1320· Fla. 5th DCA· 1995-03-31 ·via Writ Of Habeas Corpus
• Benjamin v. Singletary
  651 So. 2d 830· Fla. 1st DCA· 1995-03-17 ·via Writ Of Habeas Corpus
• Planes v. Felton
  650 So. 2d 1091· Fla. 3d DCA· 1995-02-22 ·via Writ Of Habeas Corpus
  William Planes was convicted of issuing a worthless check and placed on probation with a restitution requirement of $30,962.40. He petitioned for habeas corpus after being jailed for failure to make restitution payments without a hearing to determine his ability to pay. The court
• Renard Daniels v. State
  650 So. 2d 226· Fla. 5th DCA· 1995-02-17
  Petitioner's habeas corpus petition is granted because the state conceded he was deprived of his right to appellate review by the state's failure to provide appellate counsel timely, and his appeal is reinstated for proper appellate proceedings.
• Smith v. State
  650 So. 2d 1056· Fla. 2d DCA· 1995-02-10 ·via Writ Of Habeas Corpus
  Smith petitioned for habeas corpus review of a circuit court order denying his motion for posttrial release, which involved a $5,000 bond set after his sentencing for DUI probation violation. The appellate court converted the petition to a request for common-law certiorari and de
• Moorehead v. Singletary
  645 So. 2d 187· Fla. 3d DCA· 1994-12-07 ·via Writ Of Habeas Corpus
  Moorehead sought habeas corpus relief based on ineffective assistance of appellate counsel. The state conceded that appellate counsel failed to raise a meritorious double jeopardy argument regarding one conviction, and the court granted relief by vacating that conviction while af
• In re the Adoption OF Baby E.A.W. G.W.B. v. J.S.W. and M.F.W.
  647 So. 2d 918· Fla. 4th DCA· 1994-11-30
  This case concerns whether an unmarried birth father abandoned his child born out of wedlock, thereby making the child available for adoption without his consent. The trial court initially found no abandonment, but on rehearing reversed itself and found abandonment based on the f
• Scott v. Singletary
  870 F. Supp. 328· S.D. Fla.· 1994-11-07
  The court held that a recent appellate decision did not overrule prior precedent, and therefore did not constitute an extraordinary circumstance justifying relief from a final judgment under Rule 60(b)(6).
• In the Interest of S.A.M. v. Bessette
  641 So. 2d 948· Fla. 2d DCA· 1994-09-02 ·via Writ Of Habeas Corpus
  A juvenile detained on grand theft charges petitioned for habeas corpus, alleging illegal detention in violation of Florida law. The court agreed that the detention was unsupported by the risk assessment instrument and the statutory detention criteria, and granted the writ of hab
• Jordan v. Singletary
  641 So. 2d 491· Fla. 2d DCA· 1994-08-19 ·via Writ Of Habeas Corpus
  Larry Robert Jordan petitioned for habeas corpus alleging illegal detention due to lack of notice of postconviction decisions and claims of ineffective assistance of counsel regarding his guilty plea and sentencing on robbery charges. The court denied the petition, finding that J
• In the Interest of C.L.
  638 So. 2d 993· Fla. 4th DCA· 1994-06-15 ·via Writ Of Habeas Corpus
  The Fourth District Court of Appeal granted a petition for habeas corpus and ordered the release of a juvenile charged with grand theft auto who was detained pretrial without sufficient statutory grounds. The trial court lacked authority to order detention because the state faile
• Diaz v. Singletary
  637 So. 2d 358· Fla. 1st DCA· 1994-06-01 ·via Writ Of Habeas Corpus
• Newsome v. Singletary
  637 So. 2d 9· Fla. 2d DCA· 1994-05-06 ·via Application For Writ Of Habeas Corpus
  Prisoner Newsome appealed the dismissal of his habeas corpus and rule 1.630 application challenging a DOC disciplinary action. The court reversed, holding that Newsome's claim was not an untimely complaint for common law certiorari, and that different remedies apply depending on
• C.W.P. v. State
  633 So. 2d 1192· Fla. 5th DCA· 1994-03-25 ·via Writ Of Habeas Corpus
  A Florida appellate court granted a habeas corpus petition and ordered the immediate release of a juvenile who was unlawfully detained in secure custody. The court found that the lower court failed to comply with statutory requirements for secure detention of juveniles by not mak
• Hedrick v. Fla. Hosp. Med. Ctr.
  633 So. 2d 1153· Fla. 5th DCA· 1994-03-18 ·via Writ Of Habeas Corpus
  David Hedrick appealed the denial of his habeas corpus petition challenging his involuntary commitment for mental health examination. The court reversed, holding that the evidence did not establish the statutory requirement of a real and present threat of substantial harm to his
• Burns v. Hodges
  629 So. 2d 324· Fla. 2d DCA· 1993-12-29
  The trial court erred by failing to consider the applicable Florida Administrative Code rule for control release violation hearings when determining the need for appointed counsel.
• Flowers v. State
  627 So. 2d 1340· Fla. 5th DCA· 1993-12-17 ·via Writ Of Habeas Corpus
• Soler v. Singletary
  629 So. 2d 248· Fla. 3d DCA· 1993-12-14 ·via Writ Of Habeas Corpus
  The court held that the claims raised in the motion for postconviction relief and the petition for writ of habeas corpus were either legally insufficient or procedurally barred.
• Hernandez v. Dugger
  839 F. Supp. 849· M.D. Fla.· 1993-12-08 ·via Habeas Corpus Proceedings
  The court granted the state's motion for a stay pending appeal, allowing the petitioner to remain incarcerated, despite the grant of a writ of habeas corpus.
• Knox v. Collins
  999 F.2d 824· 5th Cir.· 1993-08-23
  The phrase 'reasonable time' in a habeas corpus mandate vests the district court with broad discretion to determine the retrial schedule, not a fixed period like 90 days.
• Russell v. Collins
  998 F.2d 1287· 5th Cir.· 1993-08-13
  The court held that the petitioner's mitigating evidence was either cognizable under the Texas special issues, barred by non-retroactivity, or not constitutionally relevant, and that the jury had sufficient evidence to infer individual culpability, thus affirming the denial of th