Habeas Corpus

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

• Vierra v. State
  980 So. 2d 588· Fla. 2d DCA· 2008-04-30 ·cited 10×
  The court held that the circuit court erred in dismissing the petition for failure to exhaust administrative remedies without first determining the proper venue.
• In re Commitment OF James R. MAY. James R. May v. State
  975 So. 2d 579· Fla. 2d DCA· 2008-02-22 ·cited 10×
  A petition for a belated appeal from a civil commitment order under the Jimmy Ryce Act must be filed in the trial court as a petition for writ of habeas corpus, not directly in the appellate court under rule 9.141(c).
• Flowers v. State
  965 So. 2d 1233· Fla. 1st DCA· 2007-09-28 ·cited 10×
  Michael Flowers petitioned for relief based on ineffective assistance of appellate counsel. The court granted the petition in part and ordered a new appellate proceeding limited to two issues: an alleged illegal sentence under Yasin v. State and the sufficiency of a Nelson hearin
• Jones v. State
  964 So. 2d 855· Fla. 2d DCA· 2007-09-19 ·cited 10×
  Leroy Jones petitioned for relief based on ineffective assistance of appellate counsel for failing to challenge his dual sentencing as both a habitual felony offender and violent career criminal. The court granted the petition, holding that appellate counsel's failure to preserve
• K.M. v. State of Fla. & Daryl Wolfe
  962 So. 2d 969· Fla. 4th DCA· 2007-07-25 ·cited 10×
  The court held that the trial court reversibly erred in holding a juvenile in indirect criminal contempt without a valid court order and without following required procedural due process.
• Zakrzewski v. McDONOUGH
  490 F.3d 1264· 11th Cir.· 2007-07-03 ·cited 10×
  Edward Zakrzewski, a death row inmate, sought post-judgment relief under Federal Rule of Civil Procedure 60(b) alleging that his federal habeas counsel, John Nall, committed fraud on the court by misrepresenting his qualifications and relationship with Zakrzewski to obtain appoin
• Octavia LEE v. State
  956 So. 2d 1292· Fla. 4th DCA· 2007-06-06 ·cited 10×
  Court granted habeas corpus petition and quashed bond forfeiture order because trial court failed to make required findings that defendant's failures to appear were willful before denying bond reinstatement.
• A.K. v. Dobuler
  951 So. 2d 989· Fla. 3d DCA· 2007-03-14 ·cited 10×
  A.K., a juvenile detained on a pick-up order for failure to appear, sought habeas corpus relief after the trial court quashed the pick-up order but continued his secure detention for 21 days without statutory authority. The court held that a failure to appear alone does not suppo
• Barnard v. State
  949 So. 2d 250· Fla. 3d DCA· 2007-01-24 ·cited 10×
  Gary Barnard appealed the denial of his sixth postconviction habeas corpus petition. The Florida Court of Appeal affirmed the denial, finding the petition both untimely and procedurally barred because the issues raised were collateral attacks that could have been brought on direc
• Baker v. State
  939 So. 2d 167· Fla. 1st DCA· 2006-10-03 ·cited 10×
  Darrell Baker appealed the denial of his habeas corpus petition challenging his 1996 armed robbery conviction on the ground that the indictment failed to allege an essential element of the crime. The court affirmed the denial and imposed sanctions prohibiting Baker from filing fu
• Z.B. v. Dep't OF Juv. Just.
  938 So. 2d 584· Fla. 1st DCA· 2006-09-27 ·cited 10×
  The court held that the juveniles were improperly held in secure detention because their actions did not meet the definition of 'absconding' as required by statute and DJJ's handbook.
• Manning v. State
  913 So. 2d 37· Fla. 1st DCA· 2005-09-22 ·cited 10×
  Ineffective assistance of counsel claims in civil commitment proceedings are not cognizable on direct appeal and must be raised through collateral proceedings like habeas corpus.
• Rodnye Baroulette v. McCRAY
  904 So. 2d 575· Fla. 3d DCA· 2005-06-14 ·cited 10×
  Rodnye Baroulette petitioned for a writ of habeas corpus after being held in custody on probation violation charges despite his probationary period having expired. The court granted the petition, holding that a trial court lacks jurisdiction to revoke probation after the probatio
• Mills v. State
  901 So. 2d 939· Fla. 4th DCA· 2005-04-27 ·cited 10×
• Larimore v. Fla. Dep't OF Corr.
  910 So. 2d 847· Fla. 1st DCA· 2004-12-10 ·cited 10×
  William Larimore sought certiorari review of a circuit court order denying his habeas corpus petition challenging the Department of Corrections' forfeiture of gain-time credits following revocation of his probationary sentence. The appellate court held that because one of Larimor
• Snow v. Crosby
  851 So. 2d 222· Fla. 3d DCA· 2003-07-09 ·cited 10×
  Travis Snow sought habeas corpus relief on the ground of ineffective assistance of appellate counsel for failing to raise a vindictive sentencing claim under Wilson v. State. The court denied the petition, holding that the trial judge's conduct during plea discussions was lawful
• Kephart v. Kearney
  826 So. 2d 517· Fla. 4th DCA· 2002-09-25 ·cited 10×
  Petitioners challenged their pretrial detention in sexually violent predator commitment proceedings, arguing they were held based on insufficiently sworn documents. The Fourth District Court of Appeal held that ex parte probable cause determinations must be supported by sworn pro
• Gillard v. State
  827 So. 2d 316· Fla. 1st DCA· 2002-09-12 ·cited 10×
  Howard Gillard appealed the denial of his habeas corpus petition challenging the revocation of his conditional release. The Florida Parole Commission conducted his revocation hearing 77 days after his arrest, exceeding the 45-day statutory requirement. The court affirmed, holding
• Facyson v. Jenne
  821 So. 2d 1169· Fla. 4th DCA· 2002-07-19 ·cited 10×
  A defendant found incompetent to stand trial cannot be detained in jail beyond the statutory 15-day limit for forensic placement, and mandamus is the appropriate remedy to compel the Department of Children and Families to take custody.
• Winkler v. Moore
  831 So. 2d 63· Fla.· 2002-04-25 ·cited 10×
  The Florida Supreme Court addressed the application of overcrowding gain time credits to three groups of inmates under ex post facto and due process principles, following the U.S. Supreme Court's decision in Lynce v. Mathis. The court denied habeas corpus petitions from Winkler a
• Latalian v. State
  786 So. 2d 1242· Fla. 4th DCA· 2001-06-13 ·cited 10×
  James Latalian challenged his probation violation sentence after the sentencing guidelines scoresheet used at his original sentencing was invalidated by Heggs v. State. The court granted relief and resentenced him, but the Fourth District reversed and remanded because Latalian ha
• Sharife v. Moore
  795 So. 2d 105· Fla. 1st DCA· 2001-06-07 ·cited 10×
• Thenious Smith v. Moore
  782 So. 2d 955· Fla. 1st DCA· 2001-04-10 ·cited 10×
  Smith challenges his habitual felony offender sentencing, arguing that his six-month county jail sentence for violating community control does not constitute an "other commitment" under Florida's habitual offender statute. The court affirms the denial of his habeas corpus petitio
• Bryant v. State
  780 So. 2d 978· Fla. 5th DCA· 2001-03-09 ·cited 10×
  The denial of the petition for writ of habeas corpus is affirmed because it was an improper method for collateral attack and filed in the wrong venue.
• L.S. v. Dep't OF Juv. Just.
  779 So. 2d 633· Fla. 1st DCA· 2001-03-08 ·cited 10×
  The Department of Juvenile Justice lost jurisdiction over the juvenile because aftercare was not properly ordered in the original disposition or validly transferred.
• M.W. v. Dep't OF Child. & Families
  769 So. 2d 513· Fla. 1st DCA· 2000-10-23 ·cited 10×
  This case concerns a mother's attempt to appeal the termination of her parental rights after her notice of appeal was untimely filed. The court explains the procedural steps available for such situations, ultimately dismissing the current appeal for lack of jurisdiction.
• Barns v. State
  768 So. 2d 529· Fla. 4th DCA· 2000-09-27 ·cited 10×
  Robert Barns, charged with DUI manslaughter, challenged the revocation of his pretrial bond and pretrial detention order. The Fourth District Court of Appeal denied his habeas corpus petition, holding that the 2000 legislative amendments to Florida's pretrial detention statutes e
• McCANN v. Moore
  763 So. 2d 556· Fla. 4th DCA· 2000-08-02 ·cited 10×
  Florida appellate court granted habeas corpus petition for ineffective assistance of appellate counsel where counsel failed to cite controlling First District precedent that would have prevented conviction for attempted procurement, requiring reversal and reduction to solicitatio
• Merrick Magnus v. State
  738 So. 2d 446· Fla. 4th DCA· 1999-07-21 ·cited 10×
  A petition for writ of habeas corpus must be filed in the county where the prisoner is detained, and the trial court should transfer it if filed in the wrong venue.
• Phillips v. Singletary
  728 So. 2d 785· Fla. 3d DCA· 1999-02-24 ·cited 10×
  Jack Dempsey Phillips, convicted of first-degree murder in 1973, sought habeas corpus relief based on alleged ineffective assistance of appellate counsel. The court denied the petition and prohibited Phillips from filing further pro se pleadings relating to his case, finding he h
• Keithan Darnell Battie v. Singletary
  718 So. 2d 323· Fla. 3d DCA· 1998-09-16 ·cited 10×
  Keithan Battie sought a belated appeal of his guilty plea to murder charges, claiming his trial counsel failed to pursue an appeal he had requested. The court denied the petition because Battie had expressly waived his right to appeal and failed to demonstrate that his case fell
• A.M.W. v. Portesy
  714 So. 2d 1170· Fla. 2d DCA· 1998-07-29 ·cited 10×
  A juvenile petitioner challenged his placement in secure detention for a second twenty-one-day period after being taken into custody on a failure-to-appear charge. The court held that the trial court lacked authority to issue the pick-up order for failure to appear without proper
• Bowers v. Jenne
  710 So. 2d 681· Fla. 4th DCA· 1998-04-27 ·cited 10×
  The court granted Bowers' petition for writ of habeas corpus, holding that the trial court improperly increased his bond sua sponte without adequate notice or a motion from the state. The decision clarifies that trial courts lack authority to increase bond on their own motion and
• Johnston v. State
  708 So. 2d 590· Fla.· 1998-03-05 ·cited 10×
  David Eugene Johnston, convicted and sentenced to death in 1984 for first-degree murder, challenged his death sentence through postconviction relief and habeas corpus, arguing the heinous, atrocious, or cruel (HAC) jury instruction was unconstitutionally vague following the U.S.
• Renny Ray Dubois v. State
  705 So. 2d 713· Fla. 1st DCA· 1998-02-17 ·cited 10×
  DuBois sought habeas corpus relief and a belated appeal, claiming ineffective assistance of counsel for failing to file a timely notice of appeal. The trial court dismissed the habeas petition and denied the motion for belated appeal. The appellate court affirmed the habeas dismi
• McLEROY v. State
  704 So. 2d 151· Fla. 5th DCA· 1997-12-05 ·cited 10×
  The appellate court held that the circuit court lacked jurisdiction to hear the petition for writ of habeas corpus because it was filed in the wrong judicial circuit.
• Freund v. Butterworth
  117 F.3d 1543· 11th Cir.· 1997-07-16 ·cited 10×
  John Freund was convicted of first-degree murder in a Florida state court and sentenced to life imprisonment. Freund's defense counsel, the law firm of Foley, Colton and Duncan, labored under significant conflicts of interest that prevented effective representation. The law firm
• Johnson v. State
  694 So. 2d 159· Fla. 4th DCA· 1997-06-04 ·cited 10×
• Anderson v. Singletary
  688 So. 2d 462· Fla. 4th DCA· 1997-03-05 ·cited 10×
  The court held that a claim of ineffective assistance of appellate counsel, raised 15 years after the appeal, is barred by laches due to the state's prejudice from the delay.
• Dion Lee Houghtaling v. State
  670 So. 2d 1019· Fla. 2d DCA· 1996-02-23 ·cited 10×
  The court held that a petition for writ of habeas corpus that meets the procedural requirements of Florida Rule of Criminal Procedure 3.850 should be treated as a motion for postconviction relief.
• Parker v. Dugger
  660 So. 2d 1386· Fla.· 1995-10-05 ·cited 10×
  Robert Lacy Parker, sentenced to death for two first-degree murders, sought habeas corpus relief and appealed the denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court denied habeas relief but reversed the trial court's procedurally-based denial of
• Rodriguez v. State
  637 So. 2d 934· Fla. 2d DCA· 1994-04-29 ·cited 10×
  Motions for belated appeal under rule 3.850, filed after the supreme court's decision in First District, must be filed within two years of that decision.
• Beres Waite v. Singletary
  632 So. 2d 192· Fla. 3d DCA· 1994-02-15 ·cited 10×
  The court held that the petitioner was not entitled to provisional release credits and could be recommitted, as there is no constitutional impediment to the retroactive cancellation of such credits when an inmate is released by mistake.
• Avera v. Barton
  632 So. 2d 167· Fla. 1st DCA· 1994-02-11 ·cited 10×
  Robert Avera challenges the forfeiture of gain time credits following his escape from prison, arguing that the Department of Corrections improperly applied the 1983 revised gain-time statute retroactively to calculate his forfeiture rather than using the 1981 statute in effect at
• Campbell v. Fla. Parole Comm'n
  630 So. 2d 1210· Fla. 1st DCA· 1994-01-20 ·cited 10×
  Campbell challenged a trial court's denial of his mandamus petition against the Florida Parole Commission, raising claims about his presumptive parole release date and parole revocation proceedings. The appellate court affirmed the denial regarding the parole release date claims
• McCORVEY v. Fla. Parole Comm'n
  625 So. 2d 1296· Fla. 1st DCA· 1993-10-29 ·cited 10×
  The court held that while the Parole Commission may consider previously known information when suspending a presumptive parole release date, the appellate court cannot review the suspension if the supporting psychological reports are missing from the record.
• Richardson v. State
  624 So. 2d 804· Fla. 1st DCA· 1993-09-27 ·cited 10×
• Mills v. Singletary
  622 So. 2d 943· Fla.· 1993-04-01 ·cited 10×
  John Mills, a death row inmate, filed his fourth habeas corpus petition challenging the validity of jury instructions on aggravating factors in his capital sentencing. The Florida Supreme Court denied the petition, finding that the issues were procedurally barred because they cou
• Cook v. Honorable Nick Navarro
  611 So. 2d 47· Fla. 4th DCA· 1992-12-23 ·cited 10×
  The court held that a petitioner is entitled to a hearing on their present ability to purge a civil contempt order, especially when a significant amount of time has passed since the order was entered.
• Blair v. Armontrout
  976 F.2d 1130· 8th Cir.· 1992-09-18 ·cited 10×
  The court held that the prosecutor's systematic use of peremptory challenges to exclude black jurors, coupled with appeals to racial prejudice in closing arguments, violated the defendant's right to a fair trial and entitled him to a new trial.