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

• Serrano v. State
  225 So. 3d 737· Fla.· 2017-05-11 ·cited 8×·via Writ Of Habeas Corpus
  Nelson Serrano was convicted of four first-degree murders and sentenced to death. The Florida Supreme Court affirmed his convictions and sentences on direct appeal. On postconviction review, the Court rejected Serrano's guilt-phase claims but vacated his death sentences under Hur
• Parrish Kerney v. State
  217 So. 3d 138· Fla. 3d DCA· 2017-03-22 ·cited 8×
  Parrish Kerney appeals the denial of his Rule 3.850 post-conviction motion and files a Rule 9.141 petition for habeas corpus based on ineffective assistance of appellate counsel. The court affirms the denial of the Rule 3.850 motion but grants the habeas corpus petition, finding
• Gerhard Hojan v. State
  212 So. 3d 982· Fla.· 2017-01-31 ·cited 8×·via Writ Of Habeas Corpus
  Gerhard Hojan was convicted of two counts of first-degree murder and sentenced to death. The Florida Supreme Court affirmed his convictions and initially affirmed his sentences, but upon application of the U.S. Supreme Court's Hurst v. Florida decision, vacated the death sentence
• Clark v. Crews
  159 So. 3d 122· Fla.· 2014-11-20 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the petitioner's habeas corpus petition was frivolous and sanctions are warranted due to his excessive meritless filings.
• Skinner v. State
  137 So. 3d 1164· Fla. 3d DCA· 2014-04-09 ·cited 8×·via Habeas Corpus Relief
  The court held that appellate counsel's failure to raise a fundamental error regarding a jury instruction constituted ineffective assistance, warranting a new trial on those counts.
• Farr v. State
  124 So. 3d 766· Fla.· 2012-11-29 ·cited 8×·via Writ Of Habeas Corpus
  Victor Marcus Farr challenges his death sentence conviction by appealing the trial court's denial of his Rule 3.851 motion for post-conviction relief and filing a habeas corpus petition. The Florida Supreme Court affirms the denial of post-conviction relief and denies the habeas
• S.M. v. State of Fla. & Dep't OF Juv. Just.
  91 So. 3d 175· Fla. 4th DCA· 2012-05-25 ·cited 8×·via Writ Of Habeas Corpus
  S.M., a juvenile, petitioned for habeas corpus relief challenging a home detention order pending a violation of probation hearing. The Fourth District Court of Appeal granted the petition, holding that Florida law does not permit home detention without a qualifying risk assessmen
• Alfio Gentile v. State
  87 So. 3d 55· Fla. 4th DCA· 2012-04-18 ·cited 8×·via Writ Of Habeas Corpus
  Alfio Gentile, convicted of attempted first-degree murder for bludgeoning his wife with a hammer, filed a habeas corpus petition raising the same meritless claim he had repeatedly asserted in prior filings—that his conviction should not have been reclassified as a life felony bec
• Donat Simeus v. Rambosk
  100 So. 3d 2· Fla. 2d DCA· 2011-08-10 ·cited 8×·via Writ Of Habeas Corpus
  Donat Simeus petitioned for a writ of habeas corpus challenging the revocation of his pretrial release and pretrial detention ordered by the trial court. The Florida Second District Court of Appeal granted the petition, holding that the trial court's reliance on an unsworn supple
• Buss v. Reichman
  53 So. 3d 339· Fla. 4th DCA· 2011-01-12 ·cited 8×·via Writ Of Habeas Corpus
  The Florida Fourth District Court of Appeal reversed a habeas corpus order granting a prisoner's immediate release, holding that the prisoner's challenge to the execution order of his consecutive state and federal sentences was procedurally barred because it had already been deci
• Benny Rosa v. State
  21 So. 3d 115· Fla. 5th DCA· 2009-10-29 ·cited 8×·via Habeas Corpus Relief
  The court held that a criminal defendant charged with a capital offense or an offense punishable by life imprisonment, even if proof of guilt is evident, must be afforded a full bond hearing.
• Raines v. State
  14 So. 3d 244· Fla. 2d DCA· 2009-05-01 ·cited 8×·via Writ Of Habeas Corpus
  Vincent Raines appealed the denial of his habeas corpus petition challenging a 1990 sentence as illegal. Although the court found the sentence was indeed illegal, it affirmed the denial because the sentence had been fully served over a decade earlier, making it moot, and because
• Coney v. State
  995 So. 2d 1038· Fla. 4th DCA· 2008-11-12 ·cited 8×·via Writ Of Habeas Corpus
  Earl Coney, an incarcerated pro se litigant, filed his fifteenth appeal in the Fourth District Court of Appeal within three years, raising repetitive and frivolous claims regarding his sentence calculation and incarceration. The court imposed the sanction of refusing to accept an
• Armour v. Fla. Parole Comm'n
  963 So. 2d 305· Fla. 1st DCA· 2007-08-14 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the circuit court erred by construing a petition for writ of habeas corpus as a petition for non-habeas relief, violating established law and causing a miscarriage of justice.
• Williams v. Fla. Parole Comm'n
  949 So. 2d 1180· Fla. 1st DCA· 2007-03-02 ·cited 8×
  Charles Williams sought certiorari review of a denial of habeas relief after the Florida Parole Commission revoked his parole for allegedly violating a residence-change condition. The court reversed because the hearing officer failed to make an explicit factual finding on whether
• Sanford Paul Butler v. State
  953 So. 2d 12· Fla. 5th DCA· 2007-02-09 ·cited 8×·via Writ Of Habeas Corpus
  Sanford Paul Butler appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court affirms that Butler's illegal sentence claim was properly deemed successive and lacked merit, but reverses and remands because
• Garcia v. State
  949 So. 2d 980· Fla.· 2006-11-09 ·cited 8×·via Writ Of Habeas Corpus
  Henry Garcia, sentenced to death for the brutal 1983 murders of two elderly sisters, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief and denies the habeas
• Price v. State
  937 So. 2d 702· Fla. 5th DCA· 2006-08-11 ·cited 8×·via Writ Of Habeas Corpus
  The court affirmed the trial court's denial of habeas corpus relief, holding that a habeas petition cannot be used to challenge the legal sufficiency of an information when such claims should have been raised on direct appeal.
• Galloway v. State
  931 So. 2d 136· Fla. 5th DCA· 2006-04-21 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus should have been dismissed on jurisdictional grounds because the petitioner was attacking the validity of his conviction, which requires filing a motion in the sentencing court, not the county of incarceration.
• Bertke v. State
  927 So. 2d 76· Fla. 5th DCA· 2006-04-07 ·cited 8×·via Writ Of Habeas Corpus
  Richard Bertke petitioned for a writ of habeas corpus alleging his appellate counsel was ineffective. The court granted the petition because appellate counsel failed to challenge the trial court's erroneous inclusion of the forcible felony exception in the self-defense jury instr
• Thurston v. State
  920 So. 2d 1229· Fla. 4th DCA· 2006-02-22 ·cited 8×
  John Thurston, convicted of burglary with battery and sexual battery, repeatedly filed frivolous successive postconviction motions in the Florida appellate system, abusing pro se court access. The appellate court affirmed the trial court's order striking his successive Rule 3.800
• Thomas v. Martone
  867 So. 2d 510· Fla. 4th DCA· 2004-02-25 ·cited 8×·via Writ Of Habeas Corpus
  Martone petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The court granted the petition in part, finding that appointed appellate counsel was not provided with critical portions of the trial record, denying counsel the ability to properly review
• Ashley v. State
  845 So. 2d 1008· Fla. 5th DCA· 2003-05-23 ·cited 8×
  James Ashley, an inmate, appealed the denial of his motion to correct an illegal sentence, but filed his notice of appeal 21 days late. The court dismissed the appeal for lack of jurisdiction, holding that the "mail box rule" does not permit time deadlines to run from when a pris
• Damren v. State
  838 So. 2d 512· Fla.· 2003-01-23 ·cited 8×·via Writ Of Habeas Corpus
  Floyd Damren, a death row inmate, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas corpus petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction re
• Gordon v. Moore
  832 So. 2d 880· Fla. 3d DCA· 2002-12-11 ·cited 8×·via Writ Of Habeas Corpus
  The court held that habitual offender sentences based on non-sequential predicate convictions must be vacated.
• Oyebode Oyetunji v. State
  816 So. 2d 1154· Fla. 4th DCA· 2002-04-26 ·cited 8×·via Writ Of Habeas Corpus
• In the Interest of J.W. a child v. Leitner
  801 So. 2d 295· Fla. 2d DCA· 2001-12-14 ·cited 8×·via Writ Of Habeas Corpus
  Children awaiting placement in a high-risk residential program may not be held in secure detention unless they meet statutory detention criteria.
• Holland v. State
  791 So. 2d 1256· Fla. 5th DCA· 2001-08-24 ·cited 8×·via Writ Of Habeas Corpus
• Sload v. State
  782 So. 2d 976· Fla. 5th DCA· 2001-04-12 ·cited 8×·via Writ Of Habeas Corpus
  A writ of habeas corpus cannot be entertained when the petitioner is represented by counsel and the petition fails to show entitlement to immediate release.
• Bradshaw v. Jenne
  754 So. 2d 109· Fla. 4th DCA· 2000-03-15 ·cited 8×·via Writ Of Habeas Corpus
  A finding of willful failure to appear, without more, is insufficient to deny bond without following procedural rules and statutory criteria for pretrial detention.
• Gonzalez v. Moore
  743 So. 2d 158· Fla. 1st DCA· 1999-10-20 ·cited 8×·via Writ Of Habeas Corpus
  Appellant sought review of a circuit court order dismissing his habeas corpus petition for failing to comply with a case management order. The appellate court reversed, finding that appellant had substantially complied with filing requirements and that the circuit court erred in
• Pinder v. State
  779 So. 2d 309· Fla. 2d DCA· 1999-07-30 ·cited 8×·via Writ Of Habeas Corpus
  Alfred Jerome Pinder appeals the dismissal of his petition for writ of habeas corpus and raises a new claim for ineffective assistance of appellate counsel. The appellate court affirmed the trial court's dismissal, finding that Pinder used an inappropriate vehicle for relief and
• Jett v. State
  722 So. 2d 211· Fla. 1st DCA· 1998-10-05 ·cited 8×·via Writ Of Habeas Corpus
  Jack James Jett appeals the denial of post-conviction relief following sentences imposed for probation violations. The court affirmed that Rule 3.850 relief was time-barred but reversed, finding that Jett was subjected to double jeopardy when probation violation charges were brou
• Burnside v. State
  720 So. 2d 269· Fla. 5th DCA· 1998-10-02 ·cited 8×·via Writ Of Habeas Corpus
• Lynn v. State
  719 So. 2d 38· Fla. 1st DCA· 1998-09-23 ·cited 8×·via Habeas Corpus Proceedings
  Tony Lynn appealed the trial court's denial of his second motion for belated appeal of his 1993 conviction. The First District Court of Appeal dismissed the appeal for lack of jurisdiction, finding that Lynn failed to timely appeal and that his post-conviction motion was time-bar
• Kidwell v. State
  696 So. 2d 399· Fla. 4th DCA· 1997-06-11 ·cited 8×·via Habeas Corpus Relief
  A newspaper reporter was held in criminal contempt for refusing to testify about a non-confidential jailhouse interview with a murder defendant, claiming a First Amendment journalist's privilege. The court affirmed the contempt conviction, holding that no qualified privilege prot
• Thetus Flemming v. Cochran
  694 So. 2d 131· Fla. 4th DCA· 1997-05-30 ·cited 8×·via Habeas Corpus Relief
  Thetus Flemming sought habeas corpus relief from two bond revocation orders issued on April 22, 1997. The court granted relief as to one case where the trial court sua sponte revoked and increased bond without notice or state motion, but denied relief as to the other case where t
• Medina v. Singletary
  960 F. Supp. 275· M.D. Fla.· 1997-03-24 ·cited 8×
  The court held that a petitioner must obtain authorization from the appellate court before filing a second or successive habeas corpus application in the district court under AEDPA, and dismissed the case without prejudice to allow the petitioner to seek such authorization.
• Suggs v. State
  681 So. 2d 870· Fla. 5th DCA· 1996-10-18 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a defendant is not entitled to relief on a petition for writ of habeas corpus when the issue raised was previously decided on appeal and when the defendant need not be present for resentencing.
• Remeta v. Singletary
  85 F.3d 513· 11th Cir.· 1996-05-31 ·cited 8×
  Daniel Eugene Remeta appealed the denial of his federal habeas corpus petition challenging his Florida death sentence for murder committed during a 1985 multi-state crime spree. Remeta raised numerous issues, including a claim that Florida violated the Interstate Agreement on Det
• Dyer v. State
  655 So. 2d 123· Fla. 5th DCA· 1995-03-31 ·cited 8×·via Writ Of Habeas Corpus
  The court held that successive petitions for writ of habeas corpus should be denied as an abuse of procedure.
• Stephenson v. State
  640 So. 2d 117· Fla. 2d DCA· 1994-07-20 ·cited 8×·via Writ Of Habeas Corpus
  Edgar Stephenson appeals his life sentence as a habitual violent felony offender, but the district court dismisses the appeal because his trial counsel failed to file a timely notice of appeal. The court certifies a question of great public importance regarding whether appellate
• Johnston v. Singletary
  640 So. 2d 1102· Fla.· 1994-06-23 ·cited 8×
  David Eugene Johnston, a death row inmate, challenged the constitutionality of the heinous, atrocious, or cruel jury instruction used at his 1984 sentencing after a federal habeas court found it infirm under Espinosa v. Florida. The Florida Supreme Court held the challenge proced
• Muehleman v. Dugger
  623 So. 2d 480· Fla.· 1993-08-05 ·cited 8×·via Writ Of Habeas Corpus
  Jeffrey Allen Muehleman, a death row inmate, appeals the denial of his Rule 3.850 postconviction relief motion and seeks habeas corpus relief. The Florida Supreme Court holds that capital defendants are entitled to public records disclosure under chapter 119 and remands for the c
• Orndorff v. A.L. Lockhart
  998 F.2d 1426· 8th Cir.· 1993-07-15 ·cited 8×
  The court held that the harmless error standard from Chapman v. California applies to this habeas case because the state courts did not have an opportunity to review the constitutional error. The court found the error harmless as to Richley and Holmes, but remanded for further co
• Atkins v. Singletary
  622 So. 2d 951· Fla.· 1993-05-27 ·cited 8×·via Writ Of Habeas Corpus
  The Court held that the inmate's claims were procedurally barred as they were or should have been raised in prior appeals, and the second claim was also barred because it could not have altered the trial outcome.
• In the Interest of H.L. v. Woolsey
  618 So. 2d 268· Fla. 1st DCA· 1993-03-25 ·cited 8×·via Writ Of Habeas Corpus
  A juvenile filed a petition for writ of habeas corpus challenging his immediate secure detention after adjudication but before disposition, arguing it violated statutory requirements for detention and risk assessment.
• Yohey v. Collins
  985 F.2d 222· 5th Cir.· 1993-03-08 ·cited 8×
  The court held that claims raised for the first time on appeal or in a reply brief are not considered, and that state law claims do not provide a basis for federal habeas relief unless they rise to constitutional dimension.
• Schiro v. Clark
  963 F.2d 962· 7th Cir.· 1992-05-08 ·cited 8×·via Habeas Corpus Relief
  The court held that the Indiana death penalty statute, which allows a judge to impose a death sentence despite a jury's recommendation for life imprisonment, does not violate the U.S. Constitution, and that the defendant's double jeopardy and ineffective assistance of counsel cla
• Tal-Mason v. Singletary
  596 So. 2d 796· Fla. 4th DCA· 1992-04-08 ·cited 8×
  The court held that the petitioner was effectively denied his right to a direct appeal due to the late appointment of counsel and the subsequent dismissal of his appeal without opportunity to respond.