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

• Guzman v. Sec'y, Dep't of Corr.
  698 F. Supp. 2d 1317· M.D. Fla.· 2010-03-17 ·cited 3×
  The court granted in part and denied in part the petition for habeas corpus relief, finding merit in Giglio and Brady claims regarding false testimony and withholding of evidence.
• Espinal v. Ryan
  31 So. 3d 818· Fla. 3d DCA· 2010-01-26 ·cited 3×·via Habeas Corpus Relief
  Marcos Espinal seeks habeas relief after his bond was revoked and an alias capias issued because he arrived fifteen minutes late to a scheduled court appearance. The court grants the petition, finding the tardiness was unintentional and minimal, and that depriving Espinal of libe
• Young v. McNEIL
  23 So. 3d 1263· Fla. 3d DCA· 2009-12-30 ·cited 3×·via Writ Of Habeas Corpus
• Diaz v. State
  8 So. 3d 1144· Fla. 3d DCA· 2009-06-05 ·cited 3×
  Reinaldo Diaz petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel over ten years after his conviction became final. The court dismissed the petition as untimely under Florida Rule of Appellate Procedure 9.141(d)(5), which imposes strict tim
• Miller v. Murrah
  14 So. 3d 1019· Fla. 5th DCA· 2009-05-15 ·cited 3×·via Writ Of Habeas Corpus
• S.B. v. Parkins
  10 So. 3d 207· Fla. 1st DCA· 2009-04-16 ·cited 3×·via Writ Of Habeas Corpus
  A minor child petitioned for habeas corpus relief after being held in secure detention beyond the statutory 21-day limit without an adjudicatory hearing having commenced. The Florida appellate court granted the writ, holding that the trial court lacked statutory authority to exte
• Curry v. State
  7 So. 3d 633· Fla. 3d DCA· 2009-04-15 ·cited 3×·via Writ Of Habeas Corpus
  The appellate court affirmed the trial court's order denying the petition for writ of habeas corpus, clarifying that the denial was without prejudice.
• Chay Alexander v. Broward Cnty. Sheriff's Off. & Al Lamberti
  6 So. 3d 707· Fla. 4th DCA· 2009-04-01 ·cited 3×·via Habeas Corpus Relief
  The Fourth District Court of Appeal granted habeas corpus relief and reduced an excessive bond of $1,251,100 for a defendant charged with drug trafficking offenses, finding the amount unreasonable given his modest income, lack of assets, community ties, and no flight risk.
• Johnson v. State
  3 So. 3d 426· Fla. 4th DCA· 2009-02-18 ·cited 3×·via Writ Of Habeas Corpus
• Batista v. State
  993 So. 2d 93· Fla. 5th DCA· 2008-10-10 ·cited 3×·via Writ Of Habeas Corpus
  While jurisdiction may lie in Orange County, the petition was properly dismissed as an improper, successive, and time-barred collateral attack on the conviction and sentence.
• Tarver v. Fla. Parole Comm'n
  990 So. 2d 577· Fla. 3d DCA· 2008-07-30 ·cited 3×·via Writ Of Habeas Corpus
• Smith v. Fla. Parole Comm'n
  971 So. 2d 1028· Fla. 1st DCA· 2008-01-10 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the Parole Commission's revocation of parole was improper without a finding that the violation was willful.
• Forisso v. State
  968 So. 2d 677· Fla. 4th DCA· 2007-11-14 ·cited 3×
  Court affirmed the summary denial of defendant's rule 3.850 post-conviction relief motion because he failed to clearly articulate how trial counsel was ineffective regarding a double jeopardy motion to dismiss, and held that ineffective assistance of appellate counsel claims must
• Cooper v. State
  970 So. 2d 368· Fla. 3d DCA· 2007-10-17 ·cited 3×·via Writ Of Habeas Corpus
  The denial of the petition for a writ of habeas corpus is affirmed, but without prejudice to refile in the proper venue and form.
• Baehren v. State
  962 So. 2d 417· Fla. 4th DCA· 2007-08-20 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court must hold an evidentiary hearing to determine if probable cause for a new offense still exists after the state filed a 'no information' and victims recanted.
• Johnson v. Fla. Parole Comm'n
  958 So. 2d 1109· Fla. 1st DCA· 2007-06-21 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the circuit court erred by not requiring a finding of willful violation before revoking conditional release.
• Starling v. Fla. Parole Comm'n
  959 So. 2d 753· Fla. 1st DCA· 2007-04-19 ·cited 3×·via Writ Of Habeas Corpus
• Corrie Kelly v. State
  939 So. 2d 1150· Fla. 5th DCA· 2006-10-19 ·cited 3×
  Court granted habeas corpus petition and ordered trial court to conduct pretrial release hearing because state failed to file motion for pretrial detention as required by Florida Rule of Criminal Procedure 3.132.
• Holmes v. State
  933 So. 2d 1205· Fla. 2d DCA· 2006-06-30 ·cited 3×·via Writ Of Habeas Corpus
  Ronald Holmes, a homeless man, was detained for 60 days in jail pending trial on a municipal ordinance violation (panhandling without a permit). The court granted his habeas corpus petition because he had already served the maximum possible sentence for the offense before guilt w
• McAFFEE v. State
  925 So. 2d 1069· Fla. 2d DCA· 2006-03-08 ·cited 3×·via Writ Of Habeas Corpus
• Blanchard v. State
  909 So. 2d 352· Fla. 5th DCA· 2005-07-22 ·cited 3×·via Writ Of Habeas Corpus
  Maurice Blanchard appeals the summary denial of his third Rule 3.850 motion, claiming he is entitled to relief based on Delgado v. State, which redefined the burglary statute's "remaining in" requirement to apply only to surreptitious remaining. The appellate court affirmed the t
• T.W. v. Edwards-Ellis
  903 So. 2d 1050· Fla. 1st DCA· 2005-06-17 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the juvenile was statutorily entitled to release from secure detention after five days.
• Hansel Clarke v. Regier
  881 So. 2d 656· Fla. 3d DCA· 2004-08-18 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court erred in continuing involuntary commitment despite uncontroverted expert testimony that the petitioner no longer met the criteria.
• LEE v. Bieluch
  855 So. 2d 713· Fla. 4th DCA· 2003-10-08 ·cited 3×·via Writ Of Habeas Corpus
  Daniel Lee sought habeas corpus review of a circuit court's denial of his motion to reduce his bond after the state dismissed a robbery charge that had prompted the original bond increase. The Fourth District Court of Appeal granted the petition, holding that the state failed to
• Kelley v. Singletary
  222 F. Supp. 2d 1357· S.D. Fla.· 2002-09-19 ·cited 3×
  The court held that the state's suppression of exculpatory and impeachment evidence, including information about John Sweet's immunity deal and the transcript of his first trial, constituted a Brady violation that undermined confidence in the verdict.
• Dennis v. State
  769 So. 2d 511· Fla. 5th DCA· 2000-10-20 ·cited 3×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus cannot be used to raise issues that were or could have been raised on direct appeal or in prior post-conviction proceedings.
• Poitier v. Spears
  750 So. 2d 767· Fla. 3d DCA· 2000-02-09 ·cited 3×
• Reniewicz v. State
  734 So. 2d 1115· Fla. 2d DCA· 1999-05-07 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court properly denied the petition for a writ of habeas corpus because the extradition demand complied with statutory requirements.
• Derwin Norris v. Fla. Dep't OF Corr.
  721 So. 2d 1235· Fla. 1st DCA· 1998-12-21 ·cited 3×·via Writ Of Habeas Corpus
• Hennig v. Prummell
  198 So. 3d 17· Fla. 2d DCA· 1997-04-21 ·cited 3×·via Writ Of Habeas Corpus
  Gary Hennig petitioned for a writ of prohibition and habeas corpus challenging the trial court's jurisdiction to adjudicate a probation violation based on crimes committed in Ohio during a previously revoked probation term. The Florida Second District Court of Appeal held that a
• Dorsey A. Sanders, III v. State
  689 So. 2d 410· Fla. 5th DCA· 1997-03-07 ·cited 3×·via Writ Of Habeas Corpus
  Sanders appeals the denial of his Rule 3.850 post-conviction motion challenging the admission of hearsay testimony about statements made by a contract killer. Sanders argues that because a co-defendant's convictions were reversed on appeal due to the same hearsay evidence being e
• Singer v. Cochran
  685 So. 2d 36· Fla. 4th DCA· 1996-12-04 ·cited 3×·via Writ Of Habeas Corpus
• Gaffney v. State
  681 So. 2d 1211· Fla. 5th DCA· 1996-11-01 ·cited 3×
  Court vacated the trial court's denial of habeas corpus petition because the trial court lacked territorial jurisdiction where the defendant was detained in a different county than where the petition was filed.
• Manrique Carreno v. Johnson
  899 F. Supp. 624· S.D. Fla.· 1995-09-22 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the extradition statute, 18 U.S.C. § 3184, is constitutional as applied to the petitioner, and thus denied his petition for a writ of habeas corpus.
• Ramseur v. Beyer
  983 F.2d 1215· 3d Cir.· 1992-12-31 ·cited 3×
  The court did not definitively rule on whether a new indictment can cure a prior constitutionally defective indictment, leaving the question open for future cases.
• Higgs v. State
  599 So. 2d 274· Fla. 5th DCA· 1992-05-29 ·cited 3×·via Writ Of Habeas Corpus
  Robert Higgs sought habeas corpus relief claiming his appeal rights were violated when a trial court denied his motion to proceed in forma pauperis, allegedly because no appeal was timely filed. The court held that under the 'mailbox rule,' a notice of appeal is deemed filed when
• Goethel v. Lawrence
  599 So. 2d 232· Fla. 3d DCA· 1992-05-19 ·cited 3×·via Writ Of Habeas Corpus
• Johnson v. Armontrout
  961 F.2d 748· 8th Cir.· 1992-04-10 ·cited 3×
  The court held that a defendant is deprived of his constitutional right to an impartial jury and effective counsel when jurors who convicted a co-defendant in the same crime are empaneled without sufficient inquiry into their bias, and counsel fails to challenge them for cause.
• King v. Byrd
  590 So. 2d 2· Fla. 1st DCA· 1991-11-18 ·cited 3×·via Writ Of Habeas Corpus
  Patty Elizabeth King challenges the revocation of her pretrial release and detention without bond following a mistrial in her drug trafficking case. The appellate court denies her habeas corpus petition without prejudice, finding the record inadequate and directing her to first s
• Derden v. Sheriff Sammie McNEEL & Attorney General-State of Miss.
  938 F.2d 605· 5th Cir.· 1991-08-16 ·cited 3×
  The court held that the majority's 'scatter-gun cumulation of error' improperly vitiates a jury verdict supported by considerable evidence, failing to adhere to the restraint required in habeas corpus review.
• Bernt Meyer v. State
  570 So. 2d 1001· Fla. 2d DCA· 1990-09-12 ·cited 3×·via Writ Of Habeas Corpus
  Meyer, a former attorney convicted of tampering with a witness and conspiracy to tamper with a witness in 1987, challenged his convictions via habeas corpus and a rule 3.850 motion for postconviction relief, arguing the statute under which he was convicted had been held unconstit
• Hughes v. R.G. Borg
  898 F.2d 695· 9th Cir.· 1990-03-05 ·cited 3×
  The court held that while extraneous documents were improperly sent to the jury, the error was harmless beyond a reasonable doubt due to the overwhelming evidence of guilt and the duplicative nature of some of the extraneous material.
• Norton v. Parke
  892 F.2d 476· 6th Cir.· 1989-12-22 ·cited 3×·via Writ Of Habeas Corpus
  A prisoner must formally invoke the Interstate Agreement on Detainers (IAD) to exhaust state remedies before seeking federal habeas corpus relief.
• Cooney v. Fulcomer
  886 F.2d 41· 3d Cir.· 1989-09-19 ·cited 3×·via Habeas Corpus Relief
  While the Commonwealth violated Article V(d) of the Interstate Agreement on Detainers by trying the appellant on charges unrelated to the detainer, this violation was not fundamental enough to warrant habeas relief.
• Tillett v. Robert M. Freeman & the Attorney Gen. of the State of Pa.
  868 F.2d 106· 3d Cir.· 1989-02-23 ·cited 3×·via Petition For Habeas Corpus Relief
  The district court erred in dismissing a habeas corpus petition based on unexhausted state law claims, as such claims are not cognizable in federal habeas corpus.
• Tafero v. Dugger
  681 F. Supp. 1531· S.D. Fla.· 1988-03-05 ·cited 3×·via Writ Of Habeas Corpus
  The court denied the petition for a writ of habeas corpus, finding that while a Lockett error occurred, it was harmless, and the Caldwell claim did not establish a violation of the jury's role.
• Chandru Mirchandani v. United States
  836 F.2d 1223· 9th Cir.· 1988-01-13 ·cited 3×
  The court held that the district court did not exceed the scope of a limited remand by considering additional evidence in an extradition proceeding, and that sufficient evidence supported the extradition order under the applicable standard of review.
• Palmer v. Dugger
  833 F.2d 253· 11th Cir.· 1987-12-01 ·cited 3×
  The dissenting judge argues that a state's duty to provide equal protection does not extend to crediting time served in another state's custody, particularly when the prisoner is opposing extradition.
• Kermit Gabel v. O.L. McCOTTER
  803 F.2d 814· 5th Cir.· 1986-10-29 ·cited 3×·via Application For Writ Of Habeas Corpus
  State evidentiary rulings, even if erroneous, do not constitute constitutional error cognizable in federal habeas corpus proceedings.
• Peoples v. Bowen
  791 F.2d 861· 11th Cir.· 1986-06-17 ·cited 3×
  The court held that appellate counsel's failure to recognize the mandatory nature of the Habitual Felony Offender Act and advise the client of the substantial risk of a significantly increased sentence constituted ineffective assistance of counsel.