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
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David Moore appealed the dismissal of his habeas corpus petition challenging a detainer placed on him by the Martin County Sheriff's Office based on a contempt sentence imposed in 1995. The court reversed and remanded, instructing the trial court to treat the petition as a mandam
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Brandon Bratton, charged with aggravated assault with a firearm and released on bond, was placed on no-bond status after failing to appear for a pretrial hearing. The Florida Court of Appeal granted his habeas corpus petition, holding that while the trial court properly revoked h
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705 F.3d 1284·
11th Cir.·
2013-01-22
·cited 5×
Norman Grim, a Florida death row inmate, challenged his capital sentence on federal habeas review, arguing that the Sixth and Fifth Amendments required that aggravating circumstances be charged in the indictment and found by a jury. The Eleventh Circuit affirmed the district cour
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Steve Bronson, a 64-year-old convicted felon arrested for a 1979 murder, was found incompetent to proceed in his criminal case due to stroke-related cognitive deficits with little probability of restoration. After the trial court's involuntary civil commitment order was quashed o
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94 So. 3d 502·
Fla.·
2012-05-03
·cited 5×
The court held that the inmate's pro se habeas corpus petition was unauthorized and frivolous, warranting sanctions.
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41 So. 3d 206·
Fla.·
2010-07-08
·cited 5×
The dissenting opinion argues that the district court erred in releasing the defendant, asserting that the defendant's habeas corpus petitions were procedurally barred because the issues raised could have and should have been addressed in prior direct appeals or postconviction mo
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Louis Robenson, an inmate serving a life sentence, appealed the dismissal of his habeas corpus petition seeking deportation to Haiti rather than continued detention. The Florida First District Court of Appeal affirmed the dismissal, finding the petition legally frivolous and impo
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Tanesha Bannister petitions for habeas corpus challenging her pretrial detention order after failing to appear at arraignment. The Fourth District Court of Appeal grants the petition because the trial court failed to make an explicit finding that no further conditions of release
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Tyrone Hutchinson appeals the denial of a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800, claiming he should have been sentenced to five years (as promised in his 2001 plea agreement) rather than ten years (imposed in 2005 for violating commu
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The Florida Parole Commission had the authority to impose a curfew as a condition of conditional release for crimes committed in 1990.
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Christopher Peraza sought habeas corpus relief to reinstate bail that was revoked by his sentencing judge in a probation violation case. The court held that a sentencing judge has authority to revoke bail set by a first appearance judge in probation violation matters, and affirme
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Shane Johnson appealed the dismissal of his habeas corpus petition, but the appellate court dismissed the appeal as untimely. Johnson filed his notice of appeal more than 30 days after the trial court's dismissal order, and his motion for rehearing was not timely filed, so it did
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Jimmy Casimir sought a writ of habeas corpus claiming ineffective assistance of appellate counsel based on five alleged failures to raise meritorious claims. The Florida Third District Court of Appeal denied the petition, finding all of Casimir's claims of ineffective assistance
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The court held that the trial court erred in denying the mother's motion for relief from judgment solely on res judicata grounds regarding the notice issue, and that the motion should be treated as a petition for writ of habeas corpus to seek a belated appeal.
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Richard Reyes petitioned for a writ of habeas corpus after a trial court ordered him to submit to a drug test at his arraignment without legal authorization, and then revoked his bail when the test was positive. The appellate court granted the petition, holding that the court lac
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The court held that relitigation of the ex post facto claim regarding forfeiture of gain time is barred by collateral estoppel because the issue was previously adjudicated and the appellant waived any such claim by accepting the benefits of control release.
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The court held that the appellant's petition for writ of habeas corpus was premature and inappropriate because he was not entitled to immediate release or being held without lawful authority.
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A trial judge must rule on a motion for disqualification before resolving any other matters, even if unaware of the pending motion.
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Rogelio Calixtro petitioned for a writ of habeas corpus challenging the modification of his pretrial release conditions, arguing his original bond terms should be reinstated. The Florida District Court of Appeal affirmed the trial court's decision to increase his bond from $7,500
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A juvenile petitioner challenges her detention pending placement in a residential psychiatric program as a condition of probation. The court granted her habeas corpus petition, holding that statutory detention limits apply even when a child is placed on probation rather than comm
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The court held that the lower court should have allowed the inmate time to file a reply to the Commission's response before reconsidering the matter.
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A 15-year-old child who misrepresented his age as 18 to secure adult bond sought habeas corpus relief and juvenile court treatment after being arrested for cocaine possession and resisting arrest. The court granted the writ, distinguishing the case from prior precedent because th
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Harold Blake, convicted of first-degree murder and sentenced to death for the 2002 shooting death of Maheshkumar Patel during an attempted robbery, appeals the denial of his postconviction motion to vacate his conviction and sentences and petitions for habeas corpus. The Florida
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The Florida Supreme Court held that gain-time forfeiture sanctions under section 944.28(2)(a) cannot be applied in criminal or collateral criminal proceedings, including habeas corpus petitions challenging underlying convictions or sentences. The court clarified that the subject
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Brandon Martin sought habeas corpus relief from a $50,000 bond set pending retrial on a burglary charge after his conviction was reversed. The court granted the petition, finding the bond excessive because the trial court failed to hold an evidentiary hearing on Martin's financia
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The court granted the petition for a writ of habeas corpus, allowing a belated appeal for case number 93-1103, but denied it for case number 93-79.
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Derrik Sanders petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise a double jeopardy argument on direct appeal. The court denied the petition, holding that appellate counsel was not ineffective because the double jeopardy iss
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998 F.2d 411·
7th Cir.·
1993-06-22
·cited 5×
The court held that the district court properly dismissed the habeas corpus petition under Rule 4 because the petitioner failed to state a claim for relief on any of his grounds.
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968 F.2d 924·
9th Cir.·
1992-07-01
·cited 5×
Attorneys do not possess independent First Amendment free speech rights within a courtroom; their speech is circumscribed by the client's trial rights and the need to preserve claims for appeal.
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Parole officers are entitled to qualified immunity, not absolute immunity, for decisions to detain parolees pending revocation hearings, and supervisors are not liable without a showing of personal involvement.
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956 F.2d 1290·
4th Cir.·
1992-02-26
·cited 5×
A voluntary and intelligent guilty plea generally bars collateral review of antecedent constitutional claims, and the defendant failed to demonstrate prejudice or an actual conflict of interest for his ineffective assistance of counsel claim.
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592 So. 2d 1235·
Fla. 1st DCA·
1992-01-31
·cited 5×
Robert Roy appealed the trial court's summary denial of his habeas corpus petition challenging the use of 'close management' confinement status at Florida State Prison as cruel and unusual punishment and a denial of due process. The appellate court reversed, finding that under pr
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951 F.2d 1431·
3d Cir.·
1991-12-20
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The majority found a constitutional violation due to delay in sentencing and appeal, while the dissent disagreed, emphasizing lack of demonstrable prejudice.
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948 F.2d 863·
2d Cir.·
1991-11-07
·cited 5×
A defendant's waiver of the Sixth Amendment right to conflict-free counsel is valid if it is a knowing and intelligent choice, even if the trial court does not strictly follow model procedures, as long as the defendant understands the risks and consequences.
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919 F.2d 350·
5th Cir.·
1990-12-19
·cited 5×
A stale order for a pre-trial psychiatric evaluation, without more, does not mandate a competency hearing, and counsel's deficient performance does not automatically warrant a presumption of prejudice.
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The court held that the prior litigation barred claims regarding § 1252(a) and jurisdiction, and that 8 U.S.C. § 1252(i) does not create a private cause of action for incarcerated aliens.
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912 F.2d 924·
8th Cir.·
1990-08-15
·cited 5×
The dissenting opinion argues that the state trial court's refusal to instruct the jury on first-degree (felony) murder in a capital case violated due process and equal protection. This refusal stemmed from an inconsistent and arbitrary application of Missouri law by the state ap
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907 F.2d 524·
5th Cir.·
1990-08-02
·cited 5×
The court held that the petitioner's conclusory allegations of ineffective assistance of counsel, conflict of interest, perjured testimony, and prosecutorial misconduct did not warrant habeas relief or an evidentiary hearing.
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907 F.2d 665·
7th Cir.·
1990-07-16
·cited 5×
The court held that a habeas petitioner must fairly present all factual allegations and legal theories to state courts before seeking federal habeas relief, and that a pending state post-conviction petition constitutes an available and meaningful state remedy.
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904 F.2d 1226·
8th Cir.·
1990-05-25
·cited 5×
The Nebraska Supreme Court's interpretation of Neb.Rev.Stat. § 29-2523(l)(d) provides sufficient guidance to prevent arbitrary imposition of the death penalty and is not unconstitutionally vague.
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858 F.2d 633·
11th Cir.·
1988-09-29
·cited 5×
The court held that the trial court's voir dire procedure was constitutionally inadequate to unearth prejudice given the significant possibility of prejudice from pretrial publicity.
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The court held that the state trial judge's denial of release was not supported by the record and that the patient was not mentally ill or dangerous under Louisiana law, thus requiring deinstitutionalization. The court also noted that recent changes in Louisiana law may violate t
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513 So. 2d 232·
Fla. 3d DCA·
1987-09-29
·cited 5×
Florida's appeal of a habeas corpus release order is granted; successive habeas petitions raising previously rejected grounds are subject to summary denial, and a sister state's dismissal of extradition proceedings does not bar Florida from enforcing its criminal judgment.