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

• Terence A. Frazier v. State
  898 So. 2d 1183· Fla. 3d DCA· 2005-04-06 ·cited 6×
• Gibson v. Fla. Parole Comm'n
  895 So. 2d 1291· Fla. 5th DCA· 2005-03-24 ·cited 6×·via Writ Of Habeas Corpus
  The court reversed the dismissal of Gibson's habeas corpus petition challenging a Florida Parole Commission order, holding that the trial court should have treated it as a mandamus petition and transferred it to Leon County rather than dismissing it outright.
• McCARTHY v. Fla. Parole Comm'n
  889 So. 2d 1018· Fla. 1st DCA· 2005-01-05 ·cited 6×·via Writ Of Habeas Corpus
• Raley v. State
  884 So. 2d 501· Fla. 5th DCA· 2004-10-08 ·cited 6×·via Writ Of Habeas Corpus
• Williams v. State
  870 So. 2d 922· Fla. 3d DCA· 2004-04-21 ·cited 6×
  The court held that the petitioner waived his right to a speedy trial and that the Jimmy Ryce Act is a civil commitment process to which speedy trial rules do not apply.
• Galen Golden v. Crow
  862 So. 2d 903· Fla. 2d DCA· 2003-12-22 ·cited 6×
  Court granted habeas corpus petition because state failed to file required motion for pretrial detention, requiring trial court to conduct release hearing or impose standard bond.
• Jones v. State
  858 So. 2d 1263· Fla. 1st DCA· 2003-11-17 ·cited 6×·via Writ Of Habeas Corpus
  Eddie Jones petitioned for habeas corpus challenging the trial court's subject matter jurisdiction based on an allegedly defective arrest warrant affidavit. The appellate court found Jones had engaged in an abuse of the legal process through repetitive, successive filings raising
• M.W. v. Lofthiem
  855 So. 2d 683· Fla. 2d DCA· 2003-10-01 ·cited 6×·via Writ Of Habeas Corpus
  The court held that admitting to past marijuana use, without evidence of being under the influence during court proceedings or violating a specific order, does not constitute direct or indirect criminal contempt.
• Palm Beach Cnty. Sheriff v. State
  854 So. 2d 278· Fla. 4th DCA· 2003-09-17 ·cited 6×·via Writ Of Habeas Corpus
  A Florida sheriff sought a writ of mandamus to recover expenses for housing incompetent criminal defendants after the Department of Children and Families failed to assume custody within the statutorily mandated fifteen-day period. The court held that mandamus is not an appropriat
• Staley v. State
  851 So. 2d 805· Fla. 2d DCA· 2003-07-30 ·cited 6×·via Writ Of Habeas Corpus
  Bobby Staley challenges the revocation of his probation, arguing that the trial court failed to follow statutory and constitutional due process requirements. The Florida Second District Court of Appeal reversed the probation revocation order, holding that a probationer cannot pro
• Alverez v. State
  840 So. 2d 322· Fla. 5th DCA· 2003-02-14 ·cited 6×·via Writ Of Habeas Corpus
  Twelve individuals petitioned for release under the Jimmy Ryce Act, claiming their civil commitment petitions were invalid because neither the original petition nor supporting documents were sworn. The Fifth District Court of Appeal aligned with other districts in requiring sworn
• Gove v. Fla. Parole Comm'n
  816 So. 2d 1150· Fla. 1st DCA· 2002-04-26 ·cited 6×·via Writ Of Habeas Corpus
  Shane Gove challenges his detention under Florida's conditional release program, arguing he was unlawfully classified as a conditional releasee. The court agrees that Gove did not qualify for conditional release under Florida Statutes § 947.1405(2) because he lacked a prior felon
• Robinson v. State
  816 So. 2d 146· Fla. 1st DCA· 2002-04-08 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the appellant's claim regarding multiple convictions for resisting an officer was time-barred, but his claim regarding consecutive habitual felony offender sentences for offenses committed during a single criminal episode should be reviewed by the trial court.
• Isom v. State
  800 So. 2d 292· Fla. 3d DCA· 2001-10-31 ·cited 6×·via Writ Of Habeas Corpus
  Douglas Isom appealed the denial of a rule 3.800(a) motion to correct an illegal sentence following his conviction for trafficking in cocaine and conspiracy. The court affirmed the denial, finding that Isom's claims were either previously litigated and rejected or barred by the l
• Roby v. State
  795 So. 2d 189· Fla. 3d DCA· 2001-09-25 ·cited 6×·via Writ Of Habeas Corpus
  Kevin Roby sought habeas corpus relief after a trial judge revoked his bond and ordered him held without bail following a tardiness incident at a court hearing. The Florida District Court of Appeal granted the petition, holding that the trial court violated statutory requirements
• Black v. Moore
  768 So. 2d 1236· Fla. 1st DCA· 2000-10-06 ·cited 6×
  In a certiorari proceeding reviewing a habeas corpus denial, the Florida First District Court of Appeal upheld the Department of Corrections' cancellation of Phillip Black's retroactive administrative gain time and provisional credits totaling 440 days, finding no Ex Post Facto C
• Gervasoni v. State
  766 So. 2d 478· Fla. 5th DCA· 2000-09-22 ·cited 6×·via Writ Of Habeas Corpus
  Gerald Gervasoni seeks habeas corpus relief for belated appeal, claiming ineffective assistance of appellate counsel for failing to challenge his life sentence as a habitual felony offender. The court finds that appellate counsel was ineffective for not raising a clear sentencing
• Bret Bickis v. Broward Cnty. Sheriff
  763 So. 2d 487· Fla. 4th DCA· 2000-07-10 ·cited 6×·via Writ Of Habeas Corpus
• Pereira v. Ibrahim Shanti
  751 So. 2d 1291· Fla. 3d DCA· 2000-03-30 ·cited 6×·via Habeas Corpus For Child Custody
  Maria Pereira appealed a trial court order granting temporary custody of her two-year-old son to the father, Ibrahim Shanti, after she breached an agreement to return to Jordan following a Florida vacation. The court affirmed, holding that Florida lacked jurisdiction under the Un
• Richardson v. Moore
  754 So. 2d 64· Fla. 3d DCA· 2000-03-08 ·cited 6×·via Writ Of Habeas Corpus
  Ronald Wayne Richardson petitions for habeas corpus relief, contending that his adjudication as a habitual violent felony offender (HVO) violates the constitutional prohibition on ex post facto laws. The court agrees and grants the petition, requiring resentencing under the appli
• Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n
  741 So. 2d 1201· Fla. 1st DCA· 1999-09-22 ·cited 6×·via Writ Of Habeas Corpus
  Gary Powell petitioned for habeas corpus relief after the circuit court denied his motion for relief from judgment regarding a forfeiture of gain time by the Florida Department of Corrections. The appellate court denied the habeas corpus petition for lack of jurisdiction, holding
• Diaz v. State
  737 So. 2d 1203· Fla. 5th DCA· 1999-07-23 ·cited 6×·via Writ Of Habeas Corpus
  A detainer filed against an incarcerated probationer is insufficient to trigger the right to a timely hearing on a probation violation charge.
• Russell v. State
  740 So. 2d 567· Fla. 1st DCA· 1999-06-30 ·cited 6×
  Marion Russell, convicted under Florida's RICO statute, sought habeas relief based on ineffective assistance of appellate counsel. The court denied his petition as untimely filed under Florida Rule of Appellate Procedure 9.140(j), which imposed a two-year deadline beginning Janua
• Gaiter v. State
  737 So. 2d 565· Fla. 3d DCA· 1999-06-09 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the appellant's claims were procedurally barred due to prior litigation and appeals.
• Schwartz v. Neumann
  731 So. 2d 746· Fla. 4th DCA· 1999-03-31 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a pretrial detention order must be vacated if the state fails to prove the existence of at least one of the four circumstances listed in section 907.041(4)(b).
• S.B. v. Rayford
  717 So. 2d 1107· Fla. 3d DCA· 1998-09-23 ·cited 6×·via Writ Of Habeas Corpus
  S.B., a juvenile in secure detention awaiting placement in a moderate-risk residential facility, petitioned for habeas corpus relief. The State confessed error, and the court granted the petition, finding that S.B. had exceeded the statutory time limits for secure detention under
• Amador v. State
  712 So. 2d 1179· Fla. 3d DCA· 1998-06-17 ·cited 6×·via Writ Of Habeas Corpus
  Juan Amador petitioned for habeas corpus after the trial court issued orders recommitting him and lodging a capias against him following dismissal of criminal charges for which he was found incompetent to stand trial. The court granted the petition and quashed the recommitment or
• Moody v. Campbell
  713 So. 2d 1032· Fla. 1st DCA· 1998-06-05 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a juvenile record does not shield an adult from pretrial detention if they are charged with a dangerous crime and pose a risk to the community.
• Allen v. State
  707 So. 2d 381· Fla. 5th DCA· 1998-02-20 ·cited 6×·via Habeas Corpus Proceedings
  John Harm Allen sought post-conviction relief under Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance of counsel and requesting a belated appeal. The court dismissed the case without prejudice, holding that because Allen's belated appeal request was filed
• Ashley v. Singletary
  706 So. 2d 1373· Fla. 1st DCA· 1998-02-17 ·cited 6×
  The court affirmed the circuit court's dismissal of Ashley's habeas corpus petition because it was filed in the wrong county; a habeas corpus petition must be filed in the county where the prisoner is detained.
• Myers v. Fla. Parole & Prob. Comm'n
  705 So. 2d 1000· Fla. 4th DCA· 1998-02-04 ·cited 6×·via Writ Of Habeas Corpus
  Walter Myers appealed the summary denial of his habeas corpus/mandamus petition challenging the Florida Parole and Probation Commission's decision to suspend his presumptive parole release date. The court reversed the summary denial, finding that Myers stated a prima facie case t
• Gentzen v. State
  689 So. 2d 1178· Fla. 1st DCA· 1997-03-10 ·cited 6×·via Writ Of Habeas Corpus
  The court held that it lacks jurisdiction to hear an appeal from a non-final order finding a defendant incompetent and committing her to a mental health facility.
• Linroy Bottoson v. Singletary
  685 So. 2d 1302· Fla.· 1997-01-09 ·cited 6×
  Linroy Bottoson, a death-row inmate, petitioned for habeas corpus claiming his appellate counsel was ineffective for failing to raise a claim that the State discriminatorily used peremptory challenges to remove the only Black juror from his jury during his 1981 murder trial. The
• J.L. v. McCORMICK
  671 So. 2d 202· Fla. 2d DCA· 1996-03-20 ·cited 6×·via Writ Of Habeas Corpus
• Milford Wade Byrd v. Singletary
  655 So. 2d 67· Fla.· 1995-01-26 ·cited 6×·via Writ Of Habeas Corpus
  Milford Wade Byrd, a death row inmate, petitioned for habeas corpus relief claiming violations of his right to silence, ineffective appellate counsel, and other constitutional violations. The Florida Supreme Court denied relief, finding most claims procedurally barred and those o
• Barclay v. Hairy K. Singletary
  642 So. 2d 583· Fla. 3d DCA· 1994-08-17 ·cited 6×·via Writ Of Habeas Corpus
  The court considers a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise specific issues on direct appeal.
• T.D. v. Dep't of Health & Rehabilitative Servs.
  639 So. 2d 704· Fla. 1st DCA· 1994-07-25 ·cited 6×
  This case addresses the proper procedure for a parent to challenge a parental rights termination order when their attorney failed to file a timely notice of appeal. The court clarifies that the trial court must properly evaluate whether the parent is entitled to a belated appeal
• Eason v. State
  632 So. 2d 191· Fla. 3d DCA· 1994-02-15 ·cited 6×·via Writ Of Habeas Corpus
  William Charles Eason appeals the denial of his motion for postconviction relief following his conviction for aggravated assault with a firearm, robbery with a firearm, and firearm possession, and his sentencing as a habitual violent felony offender. The appellate court affirmed
• Ambrose v. State
  626 So. 2d 254· Fla. 5th DCA· 1993-10-01 ·cited 6×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to raise an issue that had clear precedent for reversal, warranting vacating the sentence.
• Johnson v. Singletary
  625 So. 2d 1251· Fla. 3d DCA· 1993-09-14 ·cited 6×·via Writ Of Habeas Corpus
  The court held that appellate counsel's deficient performance prejudiced the petitioner by failing to raise meritorious issues, entitling him to relief.
• Kirkpatrick v. Whitley
  992 F.2d 491· 5th Cir.· 1993-05-20 ·cited 6×
  The court held that a second federal habeas petition may be dismissed for abuse of the writ if new grounds are not alleged or if failure to assert them previously was inexcusable neglect, but remanded for an evidentiary hearing to determine factual bases for claims of prosecutori
• Orrin Scott Reed v. Dick Clark
  984 F.2d 209· 7th Cir.· 1993-01-19 ·cited 6×
• Hamby v. State
  619 So. 2d 972· Fla. 5th DCA· 1993-01-15 ·cited 6×·via Writ Of Habeas Corpus
• Derden v. Sheriff Sammie McNEEL & Attorney Gen. - State of Miss.
  978 F.2d 1453· 5th Cir.· 1992-12-16 ·cited 6×
• Meek v. State
  605 So. 2d 1301· Fla. 4th DCA· 1992-10-07 ·cited 6×·via Writ Of Habeas Corpus
  Thomas Meek appeals a trial court order denying post-conviction relief based on transactional immunity under Florida Statutes section 914.04. The appellate court reverses and remands for an evidentiary hearing to determine whether Meek was factually entitled to immunity under the
• Markham Duff-Smith v. Collins
  973 F.2d 1175· 5th Cir.· 1992-09-17 ·cited 6×
  The court held that a federal habeas petitioner is not entitled to relief based on claims of ineffective assistance of counsel, procedural default, insufficient evidence, or improper use of evidence, as these claims were either procedurally barred, lacked merit, or were based on
• Jones v. Murray
  976 F.2d 169· 4th Cir.· 1992-09-11 ·cited 6×
  The court held that Virginia's death penalty statute is constitutional and affirmed the district court's denial of the appellant's Rule 60(b) motion and motion for a stay of execution.
• Wright v. State
  604 So. 2d 1248· Fla. 4th DCA· 1992-09-02 ·cited 6×·via Writ Of Habeas Corpus
  The court held that conflicting rulings on identical jury selection objections create manifest injustice, requiring a new trial.
• Martina v. State
  602 So. 2d 1334· Fla. 5th DCA· 1992-07-17 ·cited 6×·via Writ Of Habeas Corpus
  This case addresses the constitutional and procedural impropriety of holding a defendant in jail without bond for 24 days on a domestic violence misdemeanor charge without filing formal criminal charges. The court disapproves of the institutional practice of denying bail in domes
• Geschwendt v. Ryan
  967 F.2d 877· 3d Cir.· 1992-06-18 ·cited 6×
  The court held that the trial court's failure to explicitly instruct the jury on the option of a verdict of not guilty by reason of insanity did not violate due process, as the jury was presented with lesser included offenses and ultimately convicted of the highest offense, rende