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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The court granted habeas corpus relief, vacated the conviction, and remanded for a new trial because denying the petitioner the same remedy as in a prior, related case would be manifestly unjust.
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Rolland Shultz appeals the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court reverses, finding that Shultz's 99-year sentence imposed upon probation revocation was illegal because, as a youthful offender, he could hav
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The State must show good cause, such as changed circumstances or new information, to modify bail or conditions of release set at a first appearance hearing.
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115 So. 3d 1014·
Fla. 4th DCA·
2013-02-13
·cited 4×
Damian Tukes appealed the summary denial of his habeas corpus petition challenging his 2004 robbery with a firearm conviction on the ground that jury instructions failed to require proof of the firearm element beyond a reasonable doubt. The Florida Fourth District Court of Appeal
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The court held that the petitioner is barred from future pro se filings concerning his judgments and sentences due to abuse of the legal process and violation of a prior sanction order.
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The court held that a pro se litigant's right to access the courts is not unfettered and can be forfeited due to abuse by filing successive, meritless claims.
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The Florida Court of Appeal affirmed and expanded sanctions against a pro se litigant who violated a prior prohibition on filing pleadings in a specific case. The court barred the petitioner from all future pro se filings in the appellate court and referred him for disciplinary p
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The court held that the issues raised by the appellant were not cognizable in a habeas corpus petition because they should have been raised on direct appeal.
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A fundamentally erroneous jury instruction, even if it shifts the burden of proof, is waived if trial counsel affirmatively accepts the instruction.
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The court held that the appeal of the disposition orders was untimely and dismissed, but the denial of the motions to withdraw the pleas was reversed.
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Anthony Bush petitioned for habeas corpus to challenge a pretrial detention order entered after he had been admitted to bail at his first appearance hearing. The court held that the state's motion for pretrial detention, filed after bail was set, must satisfy the "good cause" req
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Niklas Prokopishen challenges the trial court's revocation of his bond following his failure to appear for a hearing. The appellate court grants the habeas petition in part, finding that the trial court failed to make necessary factual findings regarding willfulness and alternati
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A child petitioner sought habeas corpus relief to challenge her secure detention pending a juvenile delinquency proceeding. The court granted the petition, finding that the Department of Juvenile Justice improperly scored the Risk Assessment Instrument (RAI) by awarding points fo
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59 So. 3d 1082·
Fla.·
2011-01-21
·cited 4×
The Florida Supreme Court addressed whether Ronald Morel, held in pretrial detention for eight years pending a Jimmy Ryce Act civil commitment trial, had been subjected to unlawful detention due to failure to provide treatment and delay in proceedings. The Court relinquished juri
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The appellate court reversed a trial court's dismissal of a habeas corpus petition filed by a detainee awaiting involuntary civil commitment. The court held that the detainee's allegations of being placed in restrictive confinement as punishment for a disciplinary infraction stat
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The Florida Court of Appeal denied Leon Franklin Jr.'s petition for writ of habeas corpus challenging his 1995 convictions and sentences for first-degree murder and shooting into a dwelling, finding the petition frivolous and imposing sanctions limiting his ability to file pro se
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D.F., a minor detained for assault with intent to do violence in a domestic violence context, petitioned for habeas corpus relief. The Florida appellate court granted the petition because, although the trial court's oral findings were supported by competent evidence, the applicab
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M.A.M., a juvenile charged with misdemeanor domestic violence battery, sought habeas corpus relief from secure detention. The court held that Florida law limits secure detention to a total of 21 days from the first court detention hearing, and M.A.M.'s detention beyond that perio
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Jerry Michael Wickham, sentenced to death for a 1986 murder during a robbery on Interstate 10, appealed a postconviction court's denial of his Rule 3.851 motion for relief. The Florida Supreme Court reversed and remanded because the postconviction judge erred in denying Wickham's
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997 So. 2d 1168·
Fla. 3d DCA·
2008-12-10
·cited 4×
Juan Espinosa appealed the trial court's dismissal of his postconviction Rule 3.850 motion for lack of jurisdiction. The appellate court held that the trial court retained jurisdiction over the motion despite pending appeals in separate cases, but affirmed the dismissal on the me
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621 F. Supp. 2d 1249·
M.D. Fla.·
2008-11-14
·cited 4×
The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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The court held that habeas corpus and a motion to dismiss are improper remedies for the alleged defect in the information, and the claim is without merit and waived.
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Petitioner challenged a trial court's bond order setting bail at $270,000 for drug and racketeering charges. The appellate court granted the writ of habeas corpus, finding the bond amount unsupported by evidence of petitioner's ability to pay, though remanding for the trial court
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The court held that trial court orders compelling immediate placement of a juvenile for competency restoration services were improper and violated separation of powers, and that a juvenile whose detention hold expired should be released.
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Mark Bedford appeals the summary denial of his rule 3.850 postconviction motion challenging a conviction for delivery of a counterfeit controlled substance, arguing the conviction constitutes fundamental error because he was convicted of an uncharged crime. The Fourth District af
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Jody Brumit petitioned for habeas corpus relief after her conviction for aggravated child abuse was reversed on direct appeal and remanded for resentencing on the lesser offense of child abuse. The court granted her petition, holding that her similarly situated co-defendant Festa
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The Court dismissed the petition for writ of prohibition for lack of jurisdiction, holding that extraordinary writs cannot be used to circumvent jurisdictional requirements for discretionary review.
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The trial court lacked authority to deny bond without a properly filed motion for pretrial detention.
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962 So. 2d 1026·
Fla. 3d DCA·
2007-08-08
·cited 4×
Starr Griffin, convicted in 1975 of second-degree murder and breaking and entering, petitions to file a belated motion for post-conviction relief alleging actual innocence. The court denies the petition and prohibits Griffin from filing further pro se pleadings regarding his 1975
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A defendant's vague allegation of oversight is insufficient to require a hearing on a motion to set a new bond after failing to appear.
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960 So. 2d 793·
Fla. 3d DCA·
2007-06-18
·cited 4×
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The trial court's blanket policy requiring personal appearance at arraignments, overriding the rule allowing written pleas, arbitrarily denied the defendant a privilege afforded by the rule.
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Juvenile detainees challenge Miami-Dade's detention hearing procedures, alleging they were denied hearings within 24 hours of custody as required by Florida law. The court agrees, holding that Florida Statutes section 985.215(2) mandates detention hearings within 24 hours of when
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Tyler Porter appealed his conviction for violating probation after successfully completing a youthful offender boot camp. The appellate court reversed the trial court's denial of his habeas corpus petition, finding that Porter was entitled to immediate release because his current
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A petition for writ of habeas corpus cannot be used to collaterally attack a criminal judgment and sentence, and the trial court lacked jurisdiction to review a judgment from another county.
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G.L., a juvenile convicted of marijuana possession, petitioned for habeas corpus relief challenging his placement in Restrictiveness Level Six despite the Department of Juvenile Justice's recommendation for probation. The court denied the petition without prejudice due to an inad
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The trial court erred in ordering a juvenile into secure detention without making a specific finding of significantly changed circumstances as required by statute.
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915 So. 2d 732·
Fla. 2d DCA·
2005-12-07
·cited 4×
Trial court lacked authority to sua sponte revoke pretrial release and increase bond without State application or notice; habeas corpus petition granted and original bond reinstated.
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The appellate court affirmed the dismissal of the habeas corpus petition, even though the trial court lacked jurisdiction, because the petition was an improper substitute for a postconviction motion.
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The State appealed a circuit court order releasing Jose Ortega from pretrial detention under Florida's Jimmy Ryce Act for sexually violent predators. The appellate court granted the petition for writ of certiorari and reversed, holding that the circuit court erroneously interpret
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890 So. 2d 341·
Fla. 3d DCA·
2004-12-14
·cited 4×
Trial court lacked authority to sua sponte revoke pretrial release and increase bond without state motion and proper notice; habeas corpus granted and petitioner restored to original release conditions.
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A trial court lacks statutory authority to impose a term of imprisonment as a sanction for violating a pretrial intervention program (PTI) agreement.
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Pedro Juan Hernandez petitioned for a writ of habeas corpus challenging his detention based on a positive drug test ordered by the trial judge without legal justification. The Florida District Court of Appeal granted the petition, finding the drug test was ordered without probabl
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The court held that the circuit court did not depart from the essential requirements of law by not granting relief on a claim raised for the first time in a reply brief.
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867 So. 2d 550·
Fla. 1st DCA·
2004-02-27
·cited 4×
The circuit court erred by denying Duckworth's habeas corpus petition without an order to show cause where he adequately alleged that the hearing examiner failed to subpoena two material witnesses for his conditional release revocation hearing.
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James Crosby, secretary of the Department of Corrections, appeals a mandamus order requiring the department to credit McNeal with 308 days of tolled time on his 1995 conviction against his sentence for a 1996 conviction. The Fifth District quashed the order, holding that Evans v.