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

• Smart v. State
  Fla. 1st DCA· 2019-11-08 ·cited 7×·via Writ Of Habeas Corpus
• Bowles v. State of Fla. & Gary Ray Bowles v. Mark S. Inch
  276 So. 3d 791· Fla.· 2019-08-13 ·cited 7×
  A death row inmate's intellectual disability claim raised for the first time in a successive postconviction motion is untimely and subject to summary denial where the inmate failed to raise it within 60 days of the Supreme Court's Atkins decision establishing the constitutional p
• Johnson v. State
  2017 WL 1908372· Fla. 3d DCA· 2019-01-23 ·cited 7×·via Writ Of Habeas Corpus
  A habeas corpus petitioner cannot relitigate arguments already raised and rejected in prior petitions, and the court may issue an order to show cause regarding restrictions on successive pro se filings.
• Marshall v. State
  240 So. 3d 111· Fla. 3d DCA· 2018-02-28 ·cited 7×·via Writ Of Habeas Corpus
  The erroneous manslaughter by act jury instruction given at trial constituted fundamental error even though the culpable negligence instruction was also given, because the evidence supported manslaughter by act but not culpable negligence and the defendant was convicted of second
• Baker v. State
  214 So. 3d 530· Fla.· 2017-03-23 ·cited 7×·via Writ Of Habeas Corpus
  Cornelius Baker, sentenced to death for murder and related crimes, appealed the denial of his post-conviction motion and filed a habeas corpus petition. The Florida Supreme Court reversed the trial court's denial of post-conviction relief regarding the constitutionality of the pe
• State v. Dougan
  202 So. 3d 363· Fla.· 2016-10-20 ·cited 7×·via Writ Of Habeas Corpus
  The Florida Supreme Court affirmed a postconviction court's grant of a new trial for Jacob John Dougan, Jr., who was convicted of a racially motivated 1974 murder and sentenced to death. The court found that the conviction was tainted by a Giglio violation involving false testimo
• Hernandez v. State
  180 So. 3d 978· Fla.· 2015-09-17 ·cited 7×·via Writ Of Habeas Corpus
  Michael Hernandez appealed the denial of his Rule 3.851 motion to vacate his first-degree murder conviction and death sentence, alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the circuit court's denial of postconviction relief a
• Mehaffie v. John Rutherford as Sheriff of Duval Cnty.
  143 So. 3d 432· Fla. 1st DCA· 2014-07-16 ·cited 7×·via Writ Of Habeas Corpus
  The dissenting justice would grant the petition for writ of habeas corpus, finding the bond amount set by the trial court to be excessive.
• Paolercio v. State
  129 So. 3d 1174· Fla. 5th DCA· 2014-01-10 ·cited 7×·via Writ Of Habeas Corpus
  Petitioner Alfonso Paolercio, found incompetent to proceed and unlikely to regain competency, was detained in jail without bond after committing a new offense while on pretrial release. The Fifth District Court of Appeal held that section 903.0471 does not authorize detention of
• Hernandez-Alberto v. State
  126 So. 3d 193· Fla.· 2013-07-03 ·cited 7×·via Writ Of Habeas Corpus
  Pedro Hernandez-Alberto was convicted of murdering his stepdaughters and sentenced to death. On postconviction appeal, he challenged the dismissal of his unverified postconviction motion and the trial court's competency findings. The Florida Supreme Court affirmed the dismissal a
• Williams v. State
  106 So. 3d 964· Fla. 3d DCA· 2013-01-30 ·cited 7×·via Writ Of Habeas Corpus
  Donald Williams sought a writ of habeas corpus challenging his convictions for armed burglary, armed robbery, armed kidnapping, aggravated battery, and felon in possession of a firearm, arguing that two aggravated battery convictions violated double jeopardy. The Florida Third Di
• Melvee Wanel Tucker v. State
  78 So. 3d 36· Fla. 3d DCA· 2012-01-06 ·cited 7×·via Writ Of Habeas Corpus
  A trial court lacks authority to vacate a sentence that has already been served, even if the sentence was illegal or invalid.
• Douglas v. State
  141 So. 3d 107· Fla.· 2012-01-05 ·cited 7×·via Writ Of Habeas Corpus
  Luther Douglas was convicted of the 1999 sexual battery and first-degree murder of Mary Ann Hobgood and sentenced to death. On postconviction review, the Florida Supreme Court found that trial counsel rendered deficient performance by failing to investigate and present mental hea
• Veronza L. Bowers, Jr. v. Keller
  651 F.3d 1277· 11th Cir.· 2011-08-26 ·cited 7×
  Veronza Bowers, serving a life sentence for a 1976 murder of a U.S. Park Ranger, challenged the Parole Commission's denial of his mandatory parole eligibility after 30 years of incarceration. The Parole Commission reopened his case twice in 2005: first on February 17 to consider
• Bishop v. Sheldon
  68 So. 3d 259· Fla. 2d DCA· 2010-12-01 ·cited 7×·via Writ Of Habeas Corpus
  William Bishop, a sexually violent predator committed under Florida's Jimmy Ryce Act, petitioned for habeas corpus release, arguing he was not in lawful custody when commitment proceedings were initiated because his resentenced sentence had expired. The appellate court held that
• Rayvon L. Boatman v. State
  39 So. 3d 391· Fla. 1st DCA· 2010-06-22 ·cited 7×·via Writ Of Habeas Corpus
  Rayvon Boatman appealed his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing the trial court violated the statutory 30-day deadline for trial by granting the state an improper continuance. The court affirmed the commitment but held that Boat
• Bixler v. State
  971 So. 2d 934· Fla. 2d DCA· 2007-12-21 ·cited 7×·via Writ Of Habeas Corpus
  Monte Bixler appealed the summary dismissal of his habeas corpus petition challenging his 1980 capital sexual battery conviction and life sentence. The court affirmed dismissal, holding that habeas relief was unavailable because adequate procedural mechanisms existed through Rule
• Sumler v. State
  958 So. 2d 1001· Fla. 1st DCA· 2007-05-25 ·cited 7×·via Writ Of Habeas Corpus
  Sumler appeals a circuit court order denying his Motion for Relief from Order and holding he had no right to pursue a direct appeal from the denial of his habeas corpus petition. The court reverses, holding that orders denying habeas petitions are reviewable by direct appeal to t
• Hadi v. Cordero
  955 So. 2d 17· Fla. 3d DCA· 2006-12-06 ·cited 7×·via Writ Of Habeas Corpus
  The Florida Department of Children and Families (DCF) challenged trial court orders granting mandamus petitions requiring it to transfer three mentally incompetent defendants from county jail to appropriate forensic facilities. The appellate court upheld the mandamus orders, hold
• Richards v. State
  809 So. 2d 38· Fla. 5th DCA· 2002-02-01 ·cited 7×
  Jason Richards seeks habeas relief, claiming his appellate counsel was ineffective for failing to raise certain arguments on direct appeal of his convictions for carjacking, robbery, kidnapping, and arson. The court denies the petition, finding Richards failed to meet the heavy b
• Rocco Tricarico v. State
  711 So. 2d 624· Fla. 4th DCA· 1998-05-27 ·cited 7×
  Rocco Tricarico was convicted of first-degree murder in 1992 for a 1981 killing, based on a jury verdict that could have rested on either premeditated murder or felony murder predicated on attempted cocaine trafficking. On post-conviction review, the court held that attempted tra
• Ford v. Campbell
  697 So. 2d 1301· Fla. 1st DCA· 1997-08-19 ·cited 7×·via Writ Of Habeas Corpus
  A defendant is not entitled to release on recognizance if they file their motion for release after the expiration of the time limit set by rule, even if the state eventually files an information before the hearing on the motion.
• Tefel v. Reno
  972 F. Supp. 623· S.D. Fla.· 1997-06-24 ·cited 7×·via Writ Of Habeas Corpus
  The court held that it had jurisdiction to consider the class action complaint and granted a temporary restraining order, finding that the plaintiffs had established a substantial likelihood of success on the merits, irreparable harm, and that the injunction would serve the publi
• Tausha L. Wilson v. State
  669 So. 2d 312· Fla. 5th DCA· 1996-03-08 ·cited 7×·via Writ Of Habeas Corpus
  Petitioner sought habeas corpus relief challenging her custody commitment after bail revocation for failure to appear at trial. The court granted relief, finding the trial judge abused discretion by committing petitioner to custody without determining whether her failure to appea
• Archer v. Adm'r, Fla. State Hosp.
  622 So. 2d 107· Fla. 1st DCA· 1993-07-28 ·cited 7×·via Writ Of Habeas Corpus
  Sharon Archer challenged her involuntary commitment to Florida State Hospital but filed her notice of appeal untimely. The First District Court of Appeal dismissed the appeal for lack of jurisdiction, holding that while habeas corpus may be available in limited civil contexts lik
• Swanson v. Allison
  617 So. 2d 1100· Fla. 5th DCA· 1993-04-26 ·cited 7×·via Writ Of Habeas Corpus
  Dave Swanson was arrested for domestic violence battery and detained at first appearance pending a domestic violence investigation. The court granted his habeas corpus petition, holding that absent statutory authority, judges cannot deny pre-trial release to those charged with si
• United States v. Cleto
  956 F.2d 83· 5th Cir.· 1992-03-05 ·cited 7×
  The court held that time spent on release on bond pending trial and appeal does not constitute "official detention" for which sentence credit can be granted under 18 U.S.C. § 3585(b).
• Barksdale v. Lane
  957 F.2d 379· 7th Cir.· 1992-02-27 ·cited 7×
  The court held that a petitioner's failure to file a state post-conviction petition within the statutory time limit, without demonstrating cause for the delay, constitutes a procedural default barring federal habeas review.
• Dodson v. Colonel Gordon N. Zelez
  917 F.2d 1250· 10th Cir.· 1990-10-23 ·cited 7×
  The court held that while a two-thirds vote is sufficient for conviction, a three-fourths vote is required for a life sentence, even if mandatory, based on the Manual for Courts-Martial.
• Dotson v. J.J. Clark
  900 F.2d 77· 6th Cir.· 1990-04-04 ·cited 7×
  District court orders granting or denying bail to a prisoner petitioning for habeas corpus relief pending review are appealable interlocutory orders under the collateral order doctrine.
• Kuldip Singh Mundi v. State
  556 So. 2d 480· Fla. 3d DCA· 1990-02-01 ·cited 7×·via Writ Of Habeas Corpus
  The court granted the petition for a writ of habeas corpus, directing the State to release the petitioner from state custody.
• Humphrey v. United States
  888 F.2d 1546· 11th Cir.· 1989-11-27 ·cited 7×
  The court affirmed the denial of relief on double jeopardy and prosecutorial vindictiveness claims but vacated the denial of the falsified evidence claim, remanding for an evidentiary hearing.
• Fuller v. Diesslin
  868 F.2d 604· 3d Cir.· 1989-02-24 ·cited 7×
  The Third Circuit held that an arbitrary denial of a defendant's Sixth Amendment right to counsel of choice, including the right to pro hac vice counsel, requires per se reversal.
• Solles v. Israel
  868 F.2d 242· 7th Cir.· 1989-02-08 ·cited 7×
  The court held that prosecutorial misconduct, while egregious, did not rise to the level of constitutional error requiring habeas relief, and that defense counsel's performance was effective.
• McDOWELL v. Dixon
  858 F.2d 945· 4th Cir.· 1988-10-03 ·cited 7×·via Writ Of Habeas Corpus
  The court held that the nondisclosure of exculpatory evidence by the prosecutor denied the defendant due process of law, requiring reversal of his conviction.
• Watson v. State OF Ala.
  841 F.2d 1074· 11th Cir.· 1988-04-05 ·cited 7×
  The court held that the trial judge's supplemental instruction to the jury to reach a unanimous verdict was not coercive under the totality of the circumstances, and thus did not violate the petitioner's constitutional rights.
• Nollie Lee Martin v. Dugger
  515 So. 2d 185· Fla.· 1987-10-28 ·cited 7×
  Nollie Martin, under a death warrant, petitioned for habeas corpus relief and challenged the trial court's dismissal of his motion for a competency-to-be-executed determination. The Florida Supreme Court held that Martin had not waived his competency claim, that the procedures un
• William "Billy" Mitchell v. Kemp
  827 F.2d 1433· 11th Cir.· 1987-08-31 ·cited 7×
  The court denied the application for a Certificate of Probable Cause and the stay of execution, finding the petitioner's claims to be successive and an abuse of the writ.
• Tucker v. Kemp
  819 F.2d 978· 11th Cir.· 1987-05-27 ·cited 7×
  The court held that the petitioner abused the writ by raising new claims in a successive habeas petition without adequate excuse, and denied his application for a certificate of probable cause and stay of execution.
• Straub v. Monge
  815 F.2d 1467· 11th Cir.· 1987-05-05 ·cited 7×
  The court held that the county's policy requiring inmates to obtain a court order to access legal materials was unconstitutional, violating the right to meaningful access to the courts, and that this right applies to all inmates, not just indigents.
• Diggs v. Dep't OF Corr.
  503 So. 2d 412· Fla. 1st DCA· 1987-02-27 ·cited 7×·via Writ Of Habeas Corpus
  The court held that the Department of Corrections failed to properly apply jail time credit to the petitioner's concurrent sentences, resulting in his continued illegal incarceration.
• Siers v. Ryan
  773 F.2d 37· 3d Cir.· 1985-09-20 ·cited 7×
  A guilty plea induced by the fear of a heavier sentence if a jury trial is chosen, or by the perceived leniency of a judge in a non-jury trial, does not render the plea involuntary or unconstitutional, provided it is made intelligently and with competent legal advice.
• Campbell v. R.C. Marshall
  769 F.2d 314· 6th Cir.· 1985-07-23 ·cited 7×
  A guilty plea, voluntarily and intelligently made with competent counsel, is not rendered involuntary by the prosecution's prior failure to disclose potentially exculpatory evidence, even if that failure would have violated Brady v. Maryland at trial.
• Dirk Webster v. Duckworth
  767 F.2d 1206· 7th Cir.· 1985-07-11 ·cited 7×
  The Double Jeopardy Clause of the Fifth Amendment bars retrial when a conviction is reversed for insufficient evidence, even if the insufficiency was caused by trial error that prejudiced the prosecution.
• Knuck v. Louie L. Wainwright
  759 F.2d 856· 11th Cir.· 1985-05-06 ·cited 7×
  The court held that the recalculation of an inmate's gain time, based on a change in administrative interpretation of the statute from a lump sum to a monthly earned basis, violated the ex post facto clause of the United States Constitution.
• Griffin v. State
  447 So. 2d 875· Fla.· 1984-03-16 ·cited 7×·via Writ Of Habeas Corpus
  Kenneth Griffin, sentenced to death on two counts of first-degree murder, appealed a circuit court's denial of his post-conviction relief motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial, finding that Griffin failed to demonstrate constitut
• Thompson v. Louie L. Wainwright
  447 So. 2d 383· Fla. 4th DCA· 1984-03-14 ·cited 7×·via Writ Of Habeas Corpus
  Thompson was convicted of violating his probation and sought belated appellate review through habeas corpus. The court affirmed the denial of his ineffective assistance of counsel claim but reversed on the issue of jail-time credit, finding he was entitled to credit for time serv
• Young v. Zant
  727 F.2d 1489· 11th Cir.· 1984-03-08 ·cited 7×
  The court held that the petitioner's claims regarding an unconstitutionally composed grand jury, ineffective assistance of counsel, and exclusion of mitigating evidence were without merit.
• Lobo v. Fla. Parole & Prob. Comm'n
  433 So. 2d 622· Fla. 4th DCA· 1983-06-22 ·cited 7×·via Writ Of Habeas Corpus
  The application of more stringent parole guidelines adopted after the commission of the crime violates the ex post facto clause of the Florida and U.S. Constitutions.
• Sawyer v. Louie L. Wainwright and G. Strickland
  422 So. 2d 1027· Fla. 1st DCA· 1982-11-30 ·cited 7×·via Writ Of Habeas Corpus
  The court held that it cannot rule on motions seeking relief unrelated to the original petition and that the petitioner failed to exhaust administrative remedies.