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
-
Petitioner challenged a circuit court order requiring her as a material witness to either post a $100,000 bond or be incarcerated. The Florida appellate court held that because petitioner was not yet in custody but was merely avoiding legal process, she was not entitled to habeas
-
Kennedy sought habeas corpus relief, arguing that Florida Rule of Criminal Procedure 3.133(b) entitled him to release on recognizance because the State failed to provide an adversary preliminary hearing within 21 days of his arrest. The court held that Rule 3.133(b) grants the ri
-
754 F.2d 963·
11th Cir.·
1985-03-08
·cited 3×
The court held that the district court improperly dismissed the habeas corpus petition without prejudice, as jurisdiction existed in the district of confinement and the issues presented differed from a prior petition.
-
The court held that a petitioner is not entitled to a judicial determination of competency to be executed separate from the statutory executive process.
-
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims did not rise to constitutional dimensions and that the state court's findings were supported by the record.
-
The court held that a defendant's subsequent, informed confession, made after consulting with counsel, waives any prior Fifth Amendment rights violated by continued interrogation after requesting an attorney.
-
716 F.2d 1353·
11th Cir.·
1983-09-23
·cited 3×
The court held that the federal habeas corpus proceeding should be held in abeyance pending exhaustion of state court remedies to promote judicial economy.
-
712 F.2d 1220·
7th Cir.·
1983-08-01
·cited 3×
The court held that a habeas petition containing both exhausted and unexhausted claims must be dismissed unless the petitioner amends the petition to delete the unexhausted claims.
-
The court held that the trial court did not err in denying the petition for writ of habeas corpus and remanding the appellant for extradition, as the appellant failed to meet his burden to rebut the presumption of validity of the extradition documents.
-
521 F. Supp. 790·
M.D. Fla.·
1981-08-25
·cited 3×
The court held that the trial judge did not err in excluding venirepersons with conscientious scruples against the death penalty, as their responses indicated they could not render a truthful verdict in a capital case. The court also found that the limitation on public trial atte
-
402 So. 2d 1284·
Fla. 4th DCA·
1981-08-12
·cited 3×
Florida appellate court affirmed trial court's grant of habeas corpus relief to father, holding that an Alabama court had jurisdiction to enter a temporary child custody order.
-
The court held that the petitioners' waiver of the two-month custody limit under 18 U.S.C. § 3188 remained in effect until their petition was properly served, and that their conviction for drug possession was substantially analogous to a felony under U.S. law, thus meeting the tr
-
The court held that the petitioner's trial counsel was not ineffective for failing to object to the petitioner being shackled during trial, as the decision to shackle was a reasonable exercise of the trial court's discretion based on evidence of the petitioner's violent propensit
-
554 F.2d 845·
8th Cir.·
1977-04-15
·cited 3×
The court held that the petitioner was not required to exhaust state or tribal remedies before seeking habeas corpus relief under the Indian Civil Rights Act.
-
487 F.2d 506·
1st Cir.·
1973-10-17
·cited 3×
The court held that a further stay of a habeas corpus writ is unwarranted, but conditioned the denial of the stay on the appellee executing a personal recognizance bond.
-
453 F.2d 73·
3d Cir.·
1971-10-26
·cited 3×
The dissenting judge believes the state court erred by not holding an independent hearing on the petitioner-appellant's competency, and that a retrospective hearing in the district court was insufficient.
-
The court held that the district court properly denied claims of illegal extradition and lack of jurisdiction, but erred in denying claims of denial of counsel and coerced guilty plea without proper procedure.
-
The court held that the trial court did not abuse its discretion in denying a continuance and properly admitted evidence of similar crimes.
-
-
The court held that a prisoner's claim that a state statute requiring executive concurrence for probation is unconstitutional does not present a federal question, and that requiring a defendant to bear the burden of proof for a judge disqualification motion is permissible.
-
The court held that aggregation of successive sentences is improper for determining parole eligibility under the 1966 amendment, but the right to parole consideration does not entitle the prisoner to habeas corpus relief.
-
Ray, an 18-year-old convicted of burglary and assault without counsel representation in 1945, petitioned for habeas corpus relief. The Florida Supreme Court, applying Gideon v. Wainwright retroactively, held that Ray was constitutionally entitled to a new trial because he was den
-
A writ of habeas corpus was properly denied because the petitioner failed to establish unlawful confinement entitling him to immediate release.
-
The court held that the trial court did not err in denying the motion to vacate judgments and sentences, as the record demonstrated the appellant was accorded his constitutional rights and knowingly waived counsel.
-
The court held that the petitioner was lawfully held under lawful trial and commitment, and that his claims of denial of jury trial and counsel were not supported by the record.
-
The court held that a statute permits conditioning a habeas corpus discharge on posting a bond to guarantee appearance for appellate review.
-
The court held that the habeas corpus petition should be transferred to the district court for a determination of whether state remedies have been exhausted.
-
The court held that the denial of motions for a writ of habeas corpus and for appointment of counsel during new trial proceedings are not final decisions and thus not immediately appealable.
-
Ruffie Lundon petitioned for a writ of habeas corpus to prevent his execution by electrocution under a 1941 Florida statute. The Florida Supreme Court denied the petition, holding that the statute was constitutional and that issues previously determined at trial cannot be relitig
-
The Florida Supreme Court granted a writ of habeas corpus to A. Joseph Daoud, who was convicted under Miami Beach ordinances that the Court found unconstitutional and violated his non-conforming use rights under the original zoning ordinance. The Court held that Daoud, having lea
-
The Florida Supreme Court quashed a rule nisi in prohibition, holding that a circuit court has the power to find a party in contempt, even if that finding is erroneous and subject to review by habeas corpus. The court found that prohibition was not the proper remedy to challenge
-
The Florida Supreme Court held that a Palm Beach ordinance prohibiting picketing and assembly to induce others to refrain from patronizing a business was unconstitutional as beyond the town's charter power to regulate peaceable assembly and free speech. The ordinance was void bec
-
Florida Supreme Court upheld the guardianship of Myrtle K. Hurley over a 14-year-old adopted minor in a habeas corpus proceeding brought by the child's adoptive father. The court emphasized that the best interest of the child, as evidenced by her preference, the deceased mother's
-
This case concerns a father's right to custody of his children after being declared sane and restored to liberty. The court found that a prior ruling on the fitness of a guardian for the children did not definitively settle the father's right to custody.
-
Perry Acree sought habeas corpus discharge from a murder conviction, arguing the grand jury that indicted him was improperly recalled after the court term had adjourned. The Florida Supreme Court rejected this challenge, holding that the court's recess (not adjournment sine die)
-
The petition for a writ of habeas corpus is dismissed as untimely.
-
The court held that the petitioner is detained under 8 U.S.C. § 1226(a) and is entitled to a bond hearing. The court has jurisdiction and exhaustion of administrative remedies is excused.
-
Richard Barry Randolph was convicted and sentenced to death in 1988 for the brutal murder of a convenience store manager. Following issuance of a death warrant with an execution date of November 20, 2025, Randolph filed his fourth successive postconviction motion raising three cl
-
2025 WL 708612·
S.D. Fla.·
2025-06-10
·cited 2×
The court denied Petitioner's claims 11, 14, and 16 on the merits, finding no violation of federal law or unreasonable determination of facts by the state court.
-
2023 WL 3394161·
M.D. Fla.·
2025-03-24
·cited 2×
The court held that it lacked jurisdiction to consider a motion for an extension of time to file a habeas petition when no petition had been filed.
-
2023 WL 4110233·
S.D. Fla.·
2023-07-05
·cited 2×
A federal prisoner cannot use the § 2241 saving clause to circumvent the bar on second or successive § 2255 motions when the claim arises from a new interpretation of statutory law.
-
The Florida Supreme Court sanctioned inmate LaDon Green for abusing the court's judicial resources through a pattern of fourteen meritless pro se habeas corpus petitions raising the same claims repeatedly. The Court barred him from filing future pleadings related to his convictio
-
S.D. Fla.·
2023-02-17
·cited 2×
The court denied the petitioner's motion to alter or amend the judgment because it was untimely and, even if construed as a Rule 60(b) motion, failed to show a basis for relief.
-
2020 WL 6541994·
S.D. Fla.·
2023-01-31
·cited 2×
The Court denied Petitioner's motion for release because the preliminary injunction he relied upon was vacated.
-
S.D. Fla.·
2022-05-06
·cited 2×
A Certificate of Appealability (COA) shall not issue regarding the denial of the Petitioner's motion to alter and amend judgment.
-
2018 WL 795732·
M.D. Fla.·
2022-03-08
·cited 2×
The court held that a federal inmate cannot use a § 2241 petition to challenge his sentence when § 2255 is an adequate remedy.
-
Luis La-Casse filed a frivolous habeas corpus petition in the Florida Third District Court of Appeal, continuing a pattern of meritless pro se filings despite prior warnings. The court ordered La-Casse to show cause why he should not be prohibited from filing further pro se petit
-
The Florida Third District Court of Appeal affirmed the lower court's decision, holding that a petition for a writ of habeas corpus cannot be used as a substitute for post-conviction relief motions under Florida Rules of Criminal Procedure.
-
Shird Myrick filed a petition for a writ of habeas corpus in DeSoto County Circuit Court challenging his grand theft conviction. The circuit court converted the habeas petition to a Florida Rule of Criminal Procedure 3.850 motion and transferred the case to Dade County, where Myr
-
The appellate court granted Joseph Yearby's petition for a writ of habeas corpus, finding that the trial court erred by denying his motion to reduce bond without holding an evidentiary hearing. The court emphasized the necessity of considering statutory factors before making bond