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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Ronald Schiming appeals the trial court's denial of his motion to correct an illegal sentence and prohibition on further pro se filings. The appellate court affirmed the trial court's order, finding Schiming's successive petitions constitute an abuse of the judicial system and pr
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The court affirmed dismissal of a motion for relief from judgment seeking rehearing of a habeas corpus petition filed in the wrong circuit, but allowed refiling in the proper circuit.
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Court summarily affirmed dismissal of habeas corpus petition because Patterson sought belated appeal through improper procedure, and dismissed for lack of subject matter jurisdiction the appeal of an order denying relief from judgment, which was unauthorized under Florida Rules o
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An untimely post-conviction relief motion, based on counsel's alleged failure to file, must be raised via a petition for writ of habeas corpus, not a rule 3.850 motion.
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Two juveniles committed to moderate-risk residential programs by the Department of Juvenile Justice sought habeas corpus relief because they were not placed in residential programs within five days of commitment, as required by Florida law. The court granted the petition as to J.
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Jeffrey Jones petitioned for habeas corpus, arguing his consecutive sentences for second-degree murder and armed robbery were illegal and he was entitled to immediate release. The Florida District Court of Appeal affirmed that a trial court may impose consecutive sentences even w
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Martorell Williams petitioned for a writ of habeas corpus challenging a $1 million bail bond set for a first-degree murder charge. The Florida District Court of Appeal held that the trial court erred by failing to consider Williams' financial resources when setting bail, as requi
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The court held that the appellant's motion for post-conviction relief was successive and therefore properly denied.
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The trial court correctly denied a petition for writ of habeas corpus filed in the wrong venue, as the proper procedure is a motion to correct sentencing in the court where the conviction and sentence were imposed.
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The court held that a petition for writ of habeas corpus for a belated appeal based on appellate counsel's alleged ineffectiveness for failing to argue trial counsel's ineffectiveness is denied.
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The court held that the petitioner was improperly classified as a conditional releasee because he did not meet the statutory requirement of having served at least one prior felony commitment. Therefore, his re-incarceration for violating the terms of that release was unlawful.
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Petitioner's habeas corpus petition seeking reinstatement of a post-conviction appeal was dismissed as successive, abusive of procedure, and untimely under Florida Rule of Appellate Procedure 9.141.
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Mark Guglielmo, convicted of second-degree murder following a guilty plea, appeals the trial court's denial of his habeas corpus petition seeking the right to file a belated Rule 3.850 motion claiming ineffective assistance of counsel. The Fifth District Court of Appeal affirmed
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Isaiah Graham sought habeas corpus relief from pretrial detention under Florida's Jimmy Ryce Act, challenging a probable cause determination based on unsworn allegations. The court granted the petition, holding that the ex parte probable cause determination must be supported by s
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The court held that a prior ruling in Gomez v. Singletary binds inmates on the calculation of emergency gain-time, and the petitioner failed to allege facts entitling him to relief for periods after November 30, 1995.
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Williams petitions for a writ of habeas corpus claiming ineffective assistance of appellate counsel, but his petition is time-barred under Florida Rule of Appellate Procedure 9.141(c)(4)(B). He argues that his retained attorney's negligence caused the untimely filing. The court,
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814 So. 2d 1215·
Fla. 4th DCA·
2002-04-25
·cited 2×
The Florida Fourth District Court of Appeal granted habeas corpus relief to a civil contempt detainee, finding that the trial court's contempt order lacked sufficient factual findings regarding the petitioner's actual ability to pay purported contempt sanctions, particularly wher
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The trial court lacks jurisdiction over the petitioner's alleged violation of aftercare because aftercare was never ordered in the instant case.
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The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding sufficient evidence that the attorney did not agree to represent the petitioner in a post-conviction motion.
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The court held that laches cannot bar a belated post-conviction relief motion when the delay is due to the attorney's failure to file within the time limits, as established by Steele and Medrano.
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Gene Allen Salser appealed the summary denial of his belated motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. The appellate court reversed because the trial court lacked jurisdiction to consider the merits of the motion without first conducting a
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The court held that a petition for writ of habeas corpus is denied because the petitioner's bail had already been set and he did not properly seek a reduction.
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826 So. 2d 1023·
Fla. 3d DCA·
2001-07-05
·cited 2×
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Jose Cupón petitions for habeas corpus relief, challenging inconsistent outcomes in his escape conviction and that of his co-defendant Villegas Alen. The court denies the petition, holding that habeas corpus relief is limited to circumstances where appellate courts reach inconsis
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Anthony Martin petitioned for a writ of habeas corpus to reinstate two criminal appeals that were dismissed for failure to pay filing fees after his indigency claim was denied. The court rejected his petition, holding that habeas corpus is not an appropriate vehicle to challenge
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Marlon Vereen appealed the denial of his habeas corpus petition, alleging that the Department of Corrections retaliated against him by eliminating gain time credits after he filed an earlier petition with the Florida Supreme Court. The appellate court denied the petition, finding
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Richard Lee Hunter petitioned for a writ of habeas corpus claiming violation of his speedy trial rights due to the state's failure to retry him within 90 days of a federal district court's order granting him a new trial based on ineffective assistance of counsel. The Florida Dist
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774 So. 2d 747·
Fla. 3d DCA·
2000-11-15
·cited 2×
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763 So. 2d 1268·
Fla. 1st DCA·
2000-08-01
·cited 2×
The court reversed a default grant of habeas corpus relief because the Department of Corrections timely filed a motion for extension of time and submitted its response before the default was entered, making the default finding erroneous.
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The court quashed the circuit court's denial of habeas corpus and remanded for treatment as a mandamus petition, finding the lower court departed from essential requirements of law by requiring exhaustion of administrative remedies before addressing access to grievance procedures
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Amador seeks habeas corpus relief challenging his detention under Florida's Jimmy Ryce Act (involuntary civil commitment of sexually violent predators), arguing he was denied a speedy trial as required by statute. The Fourth District Court of Appeal transfers the petition to the
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85 F. Supp. 2d 1323·
S.D. Fla.·
2000-01-20
·cited 2×
The court held that equitable tolling is appropriate for the petitioner's habeas corpus petition due to counsel's misadvice, allowing consideration of the merits, and that the analysis of ineffective assistance of counsel is ongoing.
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Hershel Meadows, a convicted sex offender whose prison sentence expired, challenged his detention under Florida's Jimmy Ryce Act on jurisdictional and procedural grounds. The Florida Fourth District Court of Appeal rejected all of Meadows' challenges and upheld the constitutional
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The court denied a petition for writ of habeas corpus, finding that the forfeiture of provisional credits upon violation of provisional release supervision was permissible under the applicable statute, distinguishing the case from State v. Lancaster.
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Appeals from circuit court orders denying petitions for writs of habeas corpus or mandamus challenging Florida Parole Commission decisions are reviewable by certiorari, not a second plenary appeal.
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The Second District Court of Appeal transferred petitioners' habeas corpus petition challenging their pretrial detention under Florida's Jimmy Ryce Act to the Fourth District Court of Appeal, finding that the Fourth District was the proper forum because the detainees were held in
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Appellate counsel was not ineffective for failing to raise the denial of a special jury instruction on insanity due to long-term intoxication, as expert testimony is required for such an instruction.
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