Habeas Corpus

18,782 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• State v. Mayo
  129 Fla. 426· Fla.· 1937-10-14 ·cited 13×
  In this habeas corpus proceeding, the Florida Supreme Court addressed whether a petitioner's conviction and sentence were void due to the unconstitutional enactment of the statute under which he was charged. The Court held that although the 1927 Act was void, the underlying infor
• Masters v. Cobb
  111 Fla. 267· Fla.· 1933-07-06 ·cited 13×
  The Florida Supreme Court reversed a lower court's denial of habeas corpus, holding that the City of Fort Pierce could not impose a license tax on a truck merely delivering goods within city limits unless the city had specific charter authority to do so. The case addresses the li
• Dickenson v. Cahoon
  107 Fla. 155· Fla.· 1932-10-24 ·cited 13×
  The Florida Supreme Court held that Chapter 14764 (Acts of 1931), which regulates certificated motor vehicles operating for compensation, establishes an independent and complete regulatory scheme that exempts such vehicles from the general 16,000-pound weight limit imposed by Sec
• In re Kiwanis Jones
  830 F.3d 1295· 11th Cir.· 2016-07-27 ·cited 12×
  The Eleventh Circuit held that a second or successive request for authorization to file a habeas corpus petition can be considered even if it raises the same claim as a previously denied request. The court found that the plain language of 28 U.S.C. § 2244(b)(1) refers to the subs
• Chance Dawkins v. State
  170 So. 3d 81· Fla. 3d DCA· 2015-06-17 ·cited 12×
  Chance Dawkins sought habeas relief claiming ineffective assistance of appellate counsel for failing to move for rehearing after his second-degree murder conviction based on newly announced precedent in Haygood v. State. The Third District Court of Appeal denied the petition, fin
• Jacobs v. State
  162 So. 3d 29· Fla. 4th DCA· 2014-05-21 ·cited 12×
  Jimmy J. Jacobs, a prisoner serving a life sentence for carjacking and robbery with a firearm, filed numerous successive and frivolous pro se postconviction challenges. The Fourth District Court of Appeal affirmed the trial court's previous orders striking his filings, imposed sa
• Taylor v. State
  87 So. 3d 749· Fla.· 2012-03-08 ·cited 12×
  William Kenneth Taylor, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.851 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assista
• Hodges v. State
  64 So. 3d 142· Fla. 5th DCA· 2011-06-10 ·cited 12×
  Willie Hodges, convicted of attempted second-degree murder, petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise a fundamental error claim regarding an attempted manslaughter jury instruction that included an intent-to-k
• Grossman v. State
  29 So. 3d 1034· Fla.· 2010-02-08 ·cited 12×
  Martin Grossman, convicted of murdering Wildlife Officer Margaret Park in 1984 and sentenced to death, appeals the summary denial of his third successive motion for postconviction relief filed after a death warrant was signed. The Florida Supreme Court affirms the denial, finding
• Kendrick v. McNEIL
  6 So. 3d 657· Fla. 1st DCA· 2009-03-05 ·cited 12×
  Kendrick, an inmate placed in close management status, sought habeas corpus relief but the circuit court improperly converted his petition to mandamus and assessed a filing fee. The appellate court held that inmates challenging close management placement may proceed via habeas co
• Harper v. State
  955 So. 2d 617· Fla. 5th DCA· 2007-04-27 ·cited 12×
  James Harper challenged the denial of his habeas corpus petition challenging his conviction for a probation violation based on an amended affidavit filed after his probation expired. The court affirmed the denial, holding that the amended Florida statute tolling the probationary
• Thompson v. State
  945 So. 2d 627· Fla. 4th DCA· 2006-12-27 ·cited 12×
  Thompson challenges his eleven-year sentence imposed after revocation of youthful offender probation for cannabis possession, arguing the trial judge violated Apprendi by exceeding the six-year statutory cap through factual findings. The Fourth District affirms, holding that the
• Cooper v. Fla. Parole Comm'n
  924 So. 2d 966· Fla. 4th DCA· 2006-04-05 ·cited 12×
  The trial court properly denied the petition as untimely, but erred in imposing a lien on the inmate trust account for filing fees.
• Fair v. State
  902 So. 2d 965· Fla. 4th DCA· 2005-06-08 ·cited 12×
  The Fourth District Court of Appeal reversed Demetrius Fair's murder conviction and remanded for a new trial, finding that the trial court committed fundamental error by instructing the jury that justification could not be found if Fair was committing a robbery, when Fair was cha
• Bruce v. State
  879 So. 2d 686· Fla. 4th DCA· 2004-08-11 ·cited 12×
  The court held that appellate counsel's failure to raise the issue of a fundamentally erroneous jury instruction on burglary constituted ineffective assistance, warranting a new trial.
• D. G. v. Adonis Miles
  872 So. 2d 343· Fla. 2d DCA· 2004-04-16 ·cited 12×
  A juvenile petitioner challenged his placement in secure detention after a trial court impermissibly double-scored his probationary status on the risk assessment instrument (RAI). The appellate court granted the habeas corpus petition, holding that double scoring for circumstance
• Steele v. State
  859 So. 2d 524· Fla. 5th DCA· 2003-10-03 ·cited 12×
  William Stewart Steele appeals the denial of his tenth habeas corpus petition challenging his 1991 first-degree murder conviction and life sentence. The appellate court affirmed the denial, finding Steele's successive petitions constitute an abuse of the judicial system and prohi
• M.P. v. Gardner
  838 So. 2d 711· Fla. 4th DCA· 2003-03-12 ·cited 12×
  M.P., a juvenile detained in secure custody pending trial for failure to appear, sought habeas corpus relief after the trial court departed from a risk assessment instrument (RAI) that qualified him for nonsecure detention. The Fourth District held that the trial court's written
• Cherry v. Moore
  829 So. 2d 873· Fla.· 2002-10-03 ·cited 12×
  Roger Lee Cherry, convicted of two 1986 murders and sentenced to death for one victim, petitions for a writ of habeas corpus attacking his appellate counsel's effectiveness. The Florida Supreme Court denies the petition, finding his claims either procedurally barred as previously
• Asay v. Moore
  828 So. 2d 985· Fla.· 2002-06-13 ·cited 12×
  Mark James Asay petitioned the Florida Supreme Court for habeas corpus relief following his death sentence conviction for two murders. The court denied all of Asay's claims, which primarily challenged the effectiveness of his appellate counsel and the constitutionality of Florida
• McLEVY v. State
  787 So. 2d 194· Fla. 1st DCA· 2001-05-15 ·cited 12×
• Gillard v. Fla. Parole Comm'n
  784 So. 2d 1214· Fla. 1st DCA· 2001-04-17 ·cited 12×
  The court granted certiorari and quashed the lower court's denial of mandamus, holding that a prisoner challenging parole revocation must file habeas corpus in the county where incarcerated, not in Leon County, which lacked territorial jurisdiction.
• A.S. v. Byrd
  777 So. 2d 1171· Fla. 4th DCA· 2001-02-14 ·cited 12×
  A juvenile petitioner challenges a home detention order and electronic monitoring condition imposed after her no-contest plea to petty theft. The Florida appellate court granted the petition to quash the home detention order because the trial court failed to conduct a risk assess
• Salow v. State
  766 So. 2d 1222· Fla. 5th DCA· 2000-09-22 ·cited 12×
  A Florida appellate court granted a writ of certiorari to a petitioner seeking habeas corpus relief for gain time credits, finding that the trial court improperly denied the petition before the petitioner had an opportunity to file his authorized reply brief.
• Valdez v. Moore
  745 So. 2d 1009· Fla. 4th DCA· 1999-09-30 ·cited 12×
  Detaining individuals as sexually violent predators after they have completed their sentences, without an adversarial probable cause hearing, violates their due process rights.
• Butler v. State
  745 So. 2d 363· Fla. 4th DCA· 1999-09-22 ·cited 12×
• Kasim ALI v. State
  729 So. 2d 963· Fla. 3d DCA· 1999-02-24 ·cited 12×
  In this post-conviction proceeding arising from a 1983 conviction, the petitioner seeks habeas corpus relief based on claims of ineffective assistance of appellate counsel. The court denies the petition and imposes sanctions against the petitioner for serially filing successive p
• Huffman v. Singletary
  696 So. 2d 788· Fla. 2d DCA· 1997-01-29 ·cited 12×
  The Florida District Court of Appeal denied David Huffman's petition for writ of habeas corpus alleging ineffective appellate counsel. The court reaffirmed its previous order prohibiting any further pro se attacks on his 1986 convictions and sentences, citing abuse of the right o
• In the Interest of P.A.J. v. Gnat
  684 So. 2d 310· Fla. 1st DCA· 1996-12-17 ·cited 12×
  A Florida appellate court granted habeas corpus relief to a juvenile held in secure detention, holding that the trial court impermissibly double-counted a risk assessment factor by aggravating the RAI score based on a pending charge that was already quantified in the initial asse
• Alphonso Cave v. Singletary
  84 F.3d 1350· 11th Cir.· 1996-05-22 ·cited 12×
  The State failed to resentence the petitioner within the 90-day period mandated by a habeas order, and its failure to challenge the form of the habeas relief in a prior appeal means the order, including the conditional life sentence, must be enforced. The State's arguments regard
• Swafford v. State
  636 So. 2d 1309· Fla.· 1994-04-07 ·cited 12×
  Roy Swafford, a death row inmate, appealed the denial of his second motion for postconviction relief under Rule 3.850, challenging his conviction and death sentence for first-degree murder and sexual battery. The Florida Supreme Court affirmed the trial court's summary denial, fi
• Elisha Gilbert v. Singletary
  632 So. 2d 1104· Fla. 4th DCA· 1994-03-02 ·cited 12×
  Elisha Gilbert, convicted of grand theft auto and sentenced as a habitual felony offender, filed a pro se petition for writ of habeas corpus while simultaneously represented by counsel on direct appeal. The court denied the petition, holding that habeas corpus is a collateral rem
• Marek v. Singletary
  626 So. 2d 160· Fla.· 1993-09-02 ·cited 12×
  The court held that the claims raised in the successive habeas corpus petition were procedurally barred or, alternatively, harmless error, and thus denied relief.
• Wiley v. Puckett
  969 F.2d 86· 5th Cir.· 1992-07-20 ·cited 12×
  The court held that the Mississippi Supreme Court's prior affirmation of the death sentence, based on a vague aggravating circumstance without proper reweighing or harmless error analysis, violated the Eighth Amendment. The court vacated the district court's judgment and directed
• Mills v. Taylor
  967 F.2d 1397· 9th Cir.· 1992-06-26 ·cited 12×
  The court held that 'official detention' under 18 U.S.C. § 3585(b) is synonymous with 'custody' under the prior statute, and thus includes time spent in a community treatment center awaiting sentencing.
• Lufkins v. Leapley
  965 F.2d 1477· 8th Cir.· 1992-05-07 ·cited 12×
  The admission of witness statements, even if their cross-examination was ineffective, was harmless error beyond a reasonable doubt because the defendant's confession and other corroborating evidence were overwhelming.
• S.J. v. State
  596 So. 2d 1181· Fla. 5th DCA· 1992-04-03 ·cited 12×
  Two juveniles challenged their detention pending adjudicatory hearings, arguing that detention based solely on failure to appear at arraignment and resulting contempt charges violated Florida law when they did not meet the statutory detention criteria. The court held that childre
• Cornman v. Armontrout
  959 F.2d 727· 8th Cir.· 1992-03-24 ·cited 12×
  A successive habeas petition constitutes an abuse of the writ and the court need not reach the merits of the claims if the petitioner cannot show cause for failing to raise the claims earlier or a fundamental miscarriage of justice.
• Leonel Torres Herrera v. Collins
  954 F.2d 1029· 5th Cir.· 1992-02-18 ·cited 12×
  The court held that a claim of actual innocence based on newly discovered evidence is not cognizable in federal habeas corpus and that the district court erred in granting a stay of execution for such a claim. The court also vacated the certificate of probable cause for claims fo
• MAY v. Collins
  948 F.2d 162· 5th Cir.· 1992-01-13 ·cited 12×
  The court held that the petitioner's Sixth Amendment claim was a reargument of a previously decided Eighth Amendment claim and thus barred as a successive petition. The court denied the certificate of probable cause and dismissed the petition.
• Boardman v. Estelle
  957 F.2d 1523· 9th Cir.· 1992-01-09 ·cited 12×
  The court held that the state waived its Teague defense by failing to raise it timely, and therefore the court would not entertain the state's argument that the prior ruling created a new rule on habeas corpus.
• Searcy v. Singletary
  590 So. 2d 1034· Fla. 2d DCA· 1991-12-13 ·cited 12×
  Edgar Searcy, an inmate convicted of sexual offenses, challenged the Department of Corrections' denial of provisional credits (gain time) under Florida law. The court reversed the lower court's decision, finding that the circuit court applied an outdated version of the statute an
• Puiatti v. Dugger
  589 So. 2d 231· Fla.· 1991-10-03 ·cited 12×
  Carl Puiatti, convicted and sentenced to death for kidnapping, robbery, and first-degree murder, appealed the trial court's denial of his rule 3.850 motion for post-conviction relief and petitioned for habeas corpus. The Florida Supreme Court affirmed the trial court's denial of
• Williams v. Withrow
  944 F.2d 284· 6th Cir.· 1991-09-11 ·cited 12×
  The court held that the district court correctly granted the habeas corpus petition because the suspect's statements were involuntary due to police coercion and promises of leniency, and their admission was not harmless error.
• Harris v. Champion
  938 F.2d 1062· 10th Cir.· 1991-06-17 ·cited 12×
  The court modified its previous order to delete the requirement that two specific cases be consolidated, but reaffirmed its prior opinion regarding the investigation of constitutional allegations concerning the provision of appellate counsel to indigent defendants.
• Kenley v. Armontrout
  937 F.2d 1298· 8th Cir.· 1991-05-17 ·cited 12×
  The court held that the defendant received ineffective assistance of counsel during the sentencing phase of his capital trial due to counsel's failure to present available mitigating evidence.
• Bush v. Dugger
  579 So. 2d 725· Fla.· 1991-03-28 ·cited 12×
  John Earl Bush, sentenced to death for the 1982 murder of Frances Slater, petitioned for habeas corpus relief on four grounds, including prosecutorial misconduct during penalty phase argument, failure to issue a contemporaneous written sentencing order, improper application of an
• United States v. Lane
  926 F.2d 694· 7th Cir.· 1991-03-08 ·cited 12×
  The court held that defense counsel's failure to ensure an alibi witness's appearance at trial, despite diligent efforts to locate her, did not constitute constitutionally ineffective assistance of counsel.
• Love v. Jones
  923 F.2d 816· 11th Cir.· 1991-02-08 ·cited 12×
  The court held that the prosecutor's use of peremptory strikes to exclude all black potential jurors violated the Equal Protection Clause under the Swain standard, establishing a prima facie case of discrimination.
• W.N. v. Fryer
  572 So. 2d 24· Fla. 4th DCA· 1990-12-28 ·cited 12×
  The court held that a child cannot be held in secure detention without meeting specific statutory criteria, even if taken into custody on a pickup order for failure to appear.