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 denies the petition for writ of certiorari because the law changed during the pendency of the appeal and the petitioner may refile in the appropriate circuit.
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The court held that the Parole Commission abused its discretion in revoking Petitioner's supervision, constituting a miscarriage of justice.
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65 So. 3d 66·
Fla. 1st DCA·
2011-06-08
·cited 2×
The court dismissed Neal's habeas corpus petition and imposed sanctions prohibiting him from filing future pro se pleadings without Bar counsel signature, citing his pattern of frivolous filings.
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82 So. 3d 825·
Fla. 4th DCA·
2011-03-25
·cited 2×
In this habeas corpus petition challenging pretrial detention, the Florida Fourth District Court of Appeal upheld the trial court's denial of bond for a defendant charged with solicitation of premeditated murder. Although criminal solicitation of murder is not listed as a dangero
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A parole revocation cannot be based solely on hearsay evidence; there must be some direct evidence in addition to the hearsay.
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Minnich challenges his 2006 conviction for attempted second-degree murder via habeas corpus, arguing that the jury instruction on attempted manslaughter by act contained fundamental error under the newly-decided Montgomery standard. The court grants the petition, finding that bec
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50 So. 3d 1214·
Fla. 4th DCA·
2010-12-29
·cited 2×
The court held that the defendant's motion for post-conviction relief was properly denied as untimely and successive, and warned against further abuse of the process.
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A juvenile petitioned for habeas corpus relief after being placed in secure detention despite scoring nine points on a risk assessment instrument that called for only nonsecure detention. The court granted the petition because the circuit court failed to make written findings sup
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J.T.F., a detained juvenile, petitioned for habeas corpus relief, alleging illegal detention resulting from the court stacking detention time in violation of Florida law. The court agreed that the detention was improperly calculated but denied the petition as moot because the chi
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Perrys sought habeas corpus relief challenging his revocation of pretrial release. The court held that although Perrys was not entitled to immediate release, he was entitled to notice and a hearing in the trial court before his pretrial release could be revoked, even though the r
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A juvenile challenges his secure detention based on a risk assessment instrument (RAI) that allegedly "double-scored" him for firearm possession—counting it once in the offense category and again as a separate aggravating circumstance. The court granted habeas corpus relief, find
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Andres Rigueiro petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The court denied the petition, holding that Rigueiro's pro se motion for rehearing filed while represented by counsel was a nullity and therefore could not extend the two-
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William Kelley, convicted and sentenced to death in 1984 for a 1966 murder, appealed the trial court's denial of his successive postconviction motion under Rule 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial, holding
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M.G., a juvenile detained for grand theft auto, petitioned for habeas corpus release from secure detention. The court granted the petition, finding that while grand theft auto qualified as a detainable charge under Florida law, the trial court improperly added aggravating points
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The court held that the petition for writ of habeas corpus challenging parole revocation was untimely filed.
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Warren Ferrell sought habeas corpus relief from incarceration pending violation of probation proceedings, claiming his probation was illegally imposed. The Florida Fourth District Court of Appeal granted the petition in part, directing the trial court to correct an illegal senten
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R.L. sought habeas corpus relief alleging that Park Place Behavioral Health Care improperly administered medications without authorization by misusing Emergency Treatment Orders. The trial court denied the petition, and the appellate court affirmed, holding that R.L. failed to pr
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Jonathan Gallo sought habeas corpus relief to challenge his pretrial detention on a second-degree murder charge. The court denied his petition, holding that the state presented sufficient evidence to meet the constitutional threshold for denying bail, as the proof of guilt was ev
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622 F. Supp. 2d 1169·
M.D. Fla.·
2007-10-23
·cited 2×
The court held that the petitioner failed to demonstrate that the state court's rejection of his ineffective assistance of counsel claim was contrary to or an unreasonable application of federal law.
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E.D., a juvenile detained on burglary and theft charges, sought habeas corpus relief claiming illegal detention beyond the statutory 21-day limit. The Florida Fifth District Court of Appeal upheld the trial court's denial of release, finding the State demonstrated adequate good c
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The appellate court denied a petition for habeas corpus relief, finding that while the petitioner may have identified an omission by his appellate counsel, he failed to demonstrate how this omission undermined confidence in the outcome of the appeal. The court emphasized that con
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David Q. Sutton, II, a former juvenile defendant convicted as an adult, filed a habeas corpus petition claiming his conviction was void because the State failed to file a delinquency petition and treat him as a juvenile. The Fifth DCA dismissed the petition as an improper collate
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The trial court erred in striking a post-conviction petition for lack of jurisdiction while a habeas corpus petition was pending.
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957 So. 2d 1273·
Fla. 4th DCA·
2007-06-06
·cited 2×
The Fourth District reversed the trial court's summary denial of a postconviction motion seeking leave to file a belated rule 3.850 motion, holding that the motion contained legally sufficient allegations of ineffective assistance of postconviction counsel and should have been tr
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The appellate court affirmed the dismissal of the habeas corpus petition because it failed to state a facially sufficient claim under the relevant rules for postconviction relief.
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Terry Wayne and Matthew Wayne Godwin petitioned for habeas corpus relief challenging the circuit court's denial of pretrial release in a second-degree murder case. The court rejected their Crawford v. Washington arguments contending that the confrontation clause applies to pretri
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The Department of Children and Families appealed a trial court's finding that service of process by publication was invalid in a parental rights termination proceeding, rendering the termination order void. The appellate court affirmed, holding that the Department failed to condu
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The court held that the trial court erred by not setting pretrial release conditions when the state did not file a motion for pretrial detention.
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A juvenile detainee petitioned for habeas corpus relief from secure detention pending placement in a high-risk residential program. The court held that Florida law does not permit secure detention without satisfaction of statutory detention criteria, and that any deviation from a
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Israel Concepcion appeals the trial court's denial of his motion to correct an illegal sentence under Rule 3.800(a), challenging a departure sentence imposed in 1996. The appellate court affirms, holding that departure sentence challenges cannot be raised via Rule 3.800(a) and ar
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935 So. 2d 91·
Fla. 5th DCA·
2006-08-04
·cited 2×
Habeas corpus petition denied because petitioner's claims of involuntary plea and ineffective assistance of counsel must be raised through a Rule 3.850 motion, not habeas corpus, and the time limit for filing such motion has not yet expired.
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Meleah France petitioned for habeas corpus after being held without bond in a Florida jail on out-of-state charges from Illinois and Missouri. The court granted her petition, finding that law enforcement violated Florida's extradition statutes by failing to follow proper procedur
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Robert Pettis appeals the trial court's denial of his Rule 3.800(a) motion challenging a scrivener's error in the date of his offenses. The appellate court affirmed the denial, finding the claim frivolous and procedurally barred, and recommended disciplinary proceedings against P
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The court held that the trial court erred in placing T.C.F. in secure detention for 21 days after violating home detention, as the relevant statute authorizes only five days.
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Tony Evans Jr. petitioned for habeas corpus relief after a trial court found probable cause at an adversary preliminary hearing based solely on hearsay testimony. The Florida First District Court of Appeal granted the petition, holding that hearsay evidence alone cannot satisfy t
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The trial court erred in denying the petition for writ of habeas corpus as successive when the prior petition was denied as legally insufficient, not on the merits.
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A juvenile detained for indirect criminal contempt after failing to comply with a Juvenile Drug Court Program agreement sought habeas corpus relief. The court held that while the contempt finding was proper, the specific sanctions imposed (placement at an addiction facility and r
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McArthur Breedlove, a death row inmate convicted of first-degree murder, petitioned for a writ of habeas corpus arguing that Crawford v. Washington should be applied retroactively to his case. The Florida Supreme Court denied the petition, holding that Crawford is not retroactive
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John and Linda Dollar petitioned for a writ of mandamus challenging the revocation of their bond in an aggravated child abuse case. The court treated their petition as one for habeas corpus and denied relief, finding the trial court properly considered statutory factors in denyin
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A juvenile petitioner challenged her secure detention order on habeas corpus grounds, arguing that the Risk Assessment Instrument (RAI) used to determine her detention status was improperly calculated. The Fourth District Court of Appeal granted the petition, holding that the RAI
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The court held that a trial court must credit jail time served awaiting trial against a probationary period if the combined time would exceed the statutory maximum sentence for the offense.
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903 So. 2d 242·
Fla. 2d DCA·
2005-04-29
·cited 2×
John Curry, a detainee under Florida's Jimmy Ryce Act for civil commitment, appealed the dismissal of his habeas corpus petition challenging his confinement. Although the appellate court found the trial court erred in its rationale for dismissal, it affirmed because Curry's under
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Florida appellate court granted habeas corpus relief to petitioner jailed for civil contempt after he refused to answer questions in a garnishment proceeding, holding that the court lacked basis for contempt where petitioner was not a party, not subpoenaed, and denied due process
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The court held that the newly discovered evidence of being kicked in the face by police officers was insufficient to likely produce an acquittal on retrial for resisting an officer.