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 denied a petition for a writ of habeas corpus, finding that the petitioner, who had voluntarily dismissed his direct appeal in reliance on a plea agreement that was later dishonored, could not revive his appeal through habeas corpus. The court reasoned that by pleading
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The trial court erred by instructing the jury to disregard evidence that was actually admitted during trial when Defendant argued his lack of intent during closing argument, and by admitting a 9mm firearm bearing Defendant's DNA that had no sufficient nexus to the crimes charged.
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310 So. 3d 1259·
Fla.·
2020-02-13
·cited 2×
The trial court properly denied Cannon's postconviction claims of ineffective assistance of counsel because counsel's performance was not deficient or Cannon failed to establish prejudice. Appellate counsel was not ineffective for failing to raise a claim challenging racially mot
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The court held that a probationary term exceeding the statutory maximum for a life felony is illegal ab initio, and a defendant cannot be lawfully detained for violating such a term.
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The petitioner sought habeas corpus relief challenging an illegal sentence imposed in 2018 for a third-degree felony that carried a statutory maximum of five years, but was sentenced to ten years in prison based on erroneous classification as a second-degree felony. The court gra
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A loan renewal that does not add obligors and merely changes the interest rate, maturity date, or payment terms is not subject to documentary stamp tax when tax was previously paid on the original document.
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When the State does not file a motion for pretrial detention at first appearance and the defendant is not charged with a capital or life felony, the trial court must conduct a hearing to determine conditions of release under Florida Rules of Criminal Procedure 3.131 and 3.132, ra
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Kevin Roland appealed a sanction order prohibiting him from filing further pro se motions. Although Roland repeatedly raised a meritless postconviction claim regarding fingerprint evidence and his PRR sentence qualification, the court held that the trial court abused its discreti
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Daniel Junior, director of Miami-Dade County Corrections, appealed a trial court's writ of habeas corpus that ordered the release of James LaCroix despite a federal immigration detainer and declared the county's immigration detainer policy unconstitutional under the Tenth Amendme
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A bench warrant must be quashed where the defendant was not given sufficiently clear notice that personal appearance would be required in court, even though he had executed a written waiver of appearance.
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A trial court may not issue a capias warrant for failure to appear at a pretrial conference when the defendant has filed a valid waiver of appearance under Florida Rule of Criminal Procedure 3.180(a)(3) and has not received adequate notice that his appearance was mandatory despit
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A trial court that wishes to require a defendant's personal presence despite a valid written waiver must clearly advise the defendant and defense counsel that presence is required.
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255 So. 3d 916·
Fla. 2d DCA·
2018-06-01
·cited 2×
Smith validly waived his right to a conditional release violation hearing by initially postponing it and then initialing and signing an amended notice that contained language indicating he was waiving his right to a hearing. The failure to provide a formal waiver document for the
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Perry Taylor, a death row inmate, appealed the denial of his successive motion for postconviction relief, arguing newly discovered evidence (a recantation affidavit from Dr. Miller) and Hurst violations. The Florida Supreme Court affirmed the denial, holding that Dr. Miller's aff
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A trial court lacks authority under Florida law to order a defendant detained pending a hearing to establish the legitimate source of bail funds, though it may inquire into fund sources as part of determining whether bail is sufficient to assure appearance.
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The Florida Supreme Court sanctioned a habeas corpus petitioner for abusing the court's judicial resources through a pattern of vexatious pro se filings. The court barred Levory William Hickmon from filing future pro se pleadings unless represented by counsel, finding that his fo
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235 So. 3d 298·
Fla.·
2018-01-30
·cited 2×
Florida Supreme Court denies habeas corpus petition seeking retroactive application of Hurst v. Florida because petitioner's death sentence became final in 2001, before Hurst was decided.
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235 So. 3d 301·
Fla.·
2018-01-30
·cited 2×
Florida Supreme Court denies habeas corpus petition for Hurst relief because petitioner's death sentence became final in 1998, before Hurst's retroactive application date.
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Anthony Ray Rhagnanan petitioned for a writ of habeas corpus challenging his pretrial detention on an attempted second-degree murder charge. The Florida Fifth District Court of Appeal granted the petition, finding that the trial court failed to follow the procedural requirements
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The Florida Supreme Court imposed pro se filing restrictions on an inmate who had filed 27 extraordinary writ petitions since 2008, with 13 pertaining to the same conviction. The Court found Fails' habeas petition challenging his convictions for attempted sexual battery and aggra
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The trial court's order finding F.P. in indirect contempt and ordering detention is quashed because it failed to follow mandatory procedures.
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C.W. petitioned for a writ of habeas corpus challenging his involuntary psychiatric commitment at Halifax Health Medical Center under Florida's Baker Act. The circuit court denied the petition, but the appellate court granted it after the State conceded error, finding insufficien
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The Florida Supreme Court sanctioned Michael Charles Desue, a state prisoner who had filed twenty-seven frivolous petitions with the Court, by barring him from filing future pro se pleadings concerning his 1987 forgery convictions and 1992 robbery convictions unless represented b
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The appeal from an order denying discovery in a post-conviction proceeding is premature because no final order disposing of the post-conviction relief motion has been rendered.
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Eric Lee Simmons was convicted of murder and sentenced to death. On appeal following a resentencing proceeding, the Florida Supreme Court vacated the death sentence based on Hurst v. Florida, holding that the jury failed to unanimously find that aggravating factors were sufficien
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The Florida Supreme Court dismissed Kenneth Grimsley's habeas corpus petition—his twelfth frivolous filing since 2005—and imposed sanctions barring him from filing future pro se pleadings related to his convictions unless represented by a licensed attorney, finding his pattern of
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202 So. 3d 116·
Fla. 5th DCA·
2016-10-14
·cited 2×
Jahman Whitfield appeals the denial of his habeas corpus petition challenging the sufficiency of the information charging him with sexual battery. The Fifth District Court of Appeal affirmed the denial, finding that while the trial court erred in its reasoning for denial, the pet
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Richard Byrd petitioned for a writ of habeas corpus challenging a $1.7 million bond set for various charges including racketeering, conspiracy, and fraud. The Florida appellate court granted the petition, finding the bond amount unreasonable under the circumstances and ordering a
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The court held that while the denial of postconviction motions is affirmed, the defendant may file a habeas corpus petition to address the issue of his unlawful confinement at the time of his escape, which could constitute a manifest injustice.
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The court denied the amended petition for writ of habeas corpus and ordered the petitioner to show cause why he should not be prohibited from filing further pro se pleadings.
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Mack Rollins petitioned for certiorari review of a circuit court's denial of his habeas corpus petition challenging the revocation of his conditional release by the Florida Parole Commission. The court held that due process does not require a transcript of a parole revocation hea
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Alfonso Ponton, a pro se litigant, petitioned for writs of mandamus and habeas corpus challenging a circuit court's order prohibiting him from filing further pro se pleadings in three long-closed criminal cases. The Third District Court of Appeal dismissed both petitions, reaffir
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Cameron Denard appeals the summary denial of his motion for postconviction relief filed beyond the two-year statutory deadline. The court reversed, holding that Denard's allegations that he retained counsel to timely file the motion but counsel neglected to do so raised a valid e
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Raul Gibson petitioned for habeas corpus relief alleging manifest injustice where his earlier ineffective assistance of appellate counsel petition was denied without citation. The Fourth District Court of Appeal granted the petition because a prior denial lacking citation to cont
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The court ordered the pro se litigant to show cause why he should not be prohibited from filing further pro se proceedings concerning his conviction and sentence.
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148 So. 3d 818·
Fla. 5th DCA·
2014-10-10
·cited 2×
The trial court properly dismissed an inmate's habeas corpus petition challenging conditions at one correctional facility as moot when the inmate was transferred to another facility.
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136 So. 3d 1223·
Fla. 1st DCA·
2014-04-02
·cited 2×
The court held that a prisoner who has repeatedly filed frivolous claims and appeals may be prohibited from filing further pro se pleadings and may face disciplinary procedures.
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The court held that the petitioner is barred from making future pro se filings concerning the specific case due to abuse of the legal process through repeated attacks on his conviction and sentence.
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132 So. 3d 903·
Fla. 1st DCA·
2014-02-13
·cited 2×
Florida appellate court dismissed petitioner's repeated habeas corpus petition as unauthorized and warned of sanctions for frivolous filings after rejecting the same claim four times in one year.
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The court held that a pro se litigant who has repeatedly filed meritless petitions concerning his conviction and sentence will be prohibited from filing any further pro se appeals, pleadings, motions, or petitions related to those matters.
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Perry Joseph seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise additional arguments challenging the prosecutor's closing remarks and the admission of a police statement. The court denies the petition, finding that appellate counsel's o
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The Fourth District Court of Appeal affirmed the trial court's denial of appellant's untimely and successive motion for post-conviction relief, finding his complaints about the prosecutor's process in taking sworn testimony before filing the information were improper, untimely, a
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Greene petitioned for a writ of certiorari challenging the circuit court's denial of his habeas corpus petition, which sought restoration of gain time forfeited when the Florida Parole Commission revoked his conditional release. The court held that restoration of forfeited gain t
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Isaiah Cameron sought habeas corpus relief to reinstate his original bond conditions after the trial court sua sponte added supervision requirements and no-contact provisions following his restoration to competency. The Fourth District Court of Appeal granted the writ, holding th
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The court held that the inmate's petition was procedurally barred and frivolous, warranting sanctions.
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A trial court cannot sua sponte increase a defendant's bond without notice and a showing of good cause or changed circumstances.
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Andre Hall appealed the denial of his habeas corpus petition challenging his conviction based on alleged false testimony by a detective regarding Miranda warnings and prosecutor misconduct. The appellate court reversed and remanded, finding that while habeas relief was improper,
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A trial court cannot revoke pretrial release once granted if there has been no change in circumstances or additional evidence presented.
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S.G., a juvenile, was sentenced to five days in secure detention for indirect criminal contempt of a truancy order. The Florida appellate court held that this detention was illegal because children who violate truancy orders are classified as "children in need of services" rather
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The court held that the petitioner is barred from making future pro se filings concerning the specific case due to abuse of the legal process through repeated attacks on his conviction and sentence.