Habeas Corpus

18,784 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Daniels v. State
  46 So. 3d 630· Fla. 3d DCA· 2010-10-20 ·cited 8×
  Habeas corpus petition denied where appellate counsel's failure to raise a Montgomery fundamental error claim caused no harm because the jury received a culpable negligence instruction providing an alternative conviction path.
• Brown v. State
  35 So. 3d 72· Fla. 1st DCA· 2010-05-07 ·cited 8×
  The Florida appellate court denied Nathaniel Brown's sixth petition for ineffective assistance of appellate counsel and imposed sanctions prohibiting him from filing further pro se appeals or petitions challenging his 2005 conviction without representation by a licensed attorney,
• Leggett v. State
  34 So. 3d 51· Fla. 3d DCA· 2010-03-10 ·cited 8×
  The court, bound by precedent, denied the petition for review and certified direct conflict with another district's decision, despite the concurring judge's belief that the other district's reasoning was correct.
• Domotor v. Wennet
  630 F. Supp. 2d 1368· S.D. Fla.· 2009-06-30 ·cited 8×
  The court held that the plaintiff's § 1983 claims for false arrest and imprisonment are subject to the favorable-termination requirement of Heck v. Humphrey, and that the viability of these claims depends on whether the plaintiff's conviction or sentence has been invalidated.
• Raines v. State
  14 So. 3d 244· Fla. 2d DCA· 2009-05-01 ·cited 8×
  Vincent Raines appealed the denial of his habeas corpus petition challenging a 1990 sentence as illegal. Although the court found the sentence was indeed illegal, it affirmed the denial because the sentence had been fully served over a decade earlier, making it moot, and because
• Nelson v. Secretary, Florida Dept. of Corrections
  610 F. Supp. 2d 1323· M.D. Fla.· 2009-03-26 ·cited 8×
  The Court held that the habeas petition was timely filed and that the petitioner's claims regarding the exclusion of evidence, use of privileged communications, and introduction of bad acts evidence were either not cognizable, unexhausted, procedurally barred, or without merit. F
• Coney v. State
  995 So. 2d 1038· Fla. 4th DCA· 2008-11-12 ·cited 8×
  Earl Coney, an incarcerated pro se litigant, filed his fifteenth appeal in the Fourth District Court of Appeal within three years, raising repetitive and frivolous claims regarding his sentence calculation and incarceration. The court imposed the sanction of refusing to accept an
• Wolfork v. State
  992 So. 2d 907· Fla. 2d DCA· 2008-10-24 ·cited 8×
  Ray Wolfork's conviction for aggravated battery on a law enforcement officer was reversed because the jury instruction omitted the words "intentionally or knowingly" from the second element of the offense, constituting fundamental error that appellate counsel was ineffective in f
• Benjamin v. State
  978 So. 2d 881· Fla. 4th DCA· 2008-04-16 ·cited 8×
• Grimsley v. State
  967 So. 2d 1132· Fla. 2d DCA· 2007-11-16 ·cited 8×
  Michael Grimsley petitioned for relief based on ineffective assistance of appellate counsel who failed to raise a fundamental error claim regarding a defective jury instruction on justifiable use of force in self-defense. The court granted the petition, finding appellate counsel
• Armour v. Fla. Parole Comm'n
  963 So. 2d 305· Fla. 1st DCA· 2007-08-14 ·cited 8×
  The court held that the circuit court erred by construing a petition for writ of habeas corpus as a petition for non-habeas relief, violating established law and causing a miscarriage of justice.
• Williams v. Fla. Parole Comm'n
  949 So. 2d 1180· Fla. 1st DCA· 2007-03-02 ·cited 8×
  Charles Williams sought certiorari review of a denial of habeas relief after the Florida Parole Commission revoked his parole for allegedly violating a residence-change condition. The court reversed because the hearing officer failed to make an explicit factual finding on whether
• Garcia v. State
  949 So. 2d 980· Fla.· 2006-11-09 ·cited 8×
  Henry Garcia, sentenced to death for the brutal 1983 murders of two elderly sisters, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief and denies the habeas
• Duncan v. Fla. Parole Comm'n
  939 So. 2d 176· Fla. 1st DCA· 2006-10-05 ·cited 8×
• Price v. State
  937 So. 2d 702· Fla. 5th DCA· 2006-08-11 ·cited 8×
  The court affirmed the trial court's denial of habeas corpus relief, holding that a habeas petition cannot be used to challenge the legal sufficiency of an information when such claims should have been raised on direct appeal.
• Mohr v. State
  927 So. 2d 1031· Fla. 2d DCA· 2006-05-10 ·cited 8×
  Peter Mohr, convicted of sexual battery, sought relief for ineffective assistance of appellate counsel for failing to challenge the trial court's admission of a detective's videotaped interview statements that were highly prejudicial and expressed the detective's personal opinion
• Castro v. State
  914 So. 2d 467· Fla. 5th DCA· 2005-10-21 ·cited 8×
  Hector Miguel Castro sought habeas corpus relief challenging the trial court's refusal to set bond on charges including burglary with assault/battery, a life-felony offense. The appellate court denied the petition, holding that the trial court properly found the proof evident and
• State v. Ducharme
  881 So. 2d 70· Fla. 5th DCA· 2004-08-20 ·cited 8×
  The court should grant a stay pending review of the trial court's dismissal of commitment proceedings under the Jimmy Ryce Act to preserve the status quo.
• Washington v. State
  866 So. 2d 725· Fla. 3d DCA· 2004-01-14 ·cited 8×
• Fitzgerald Livingston White v. State
  855 So. 2d 723· Fla. 3d DCA· 2003-10-08 ·cited 8×
  The trial court erred in dismissing a Rule 3.850 motion for lack of jurisdiction based on a pending habeas corpus petition.
• Spratling v. State
  851 So. 2d 228· Fla. 1st DCA· 2003-07-17 ·cited 8×
• Hastings v. Hon. Barry Krischer
  840 So. 2d 267· Fla. 4th DCA· 2003-01-02 ·cited 8×
  Hastings, a pro se litigant serving a 180-year sentence for manslaughter and assault convictions, sought a writ of mandamus to compel the state attorney and trial court to resentence him without habitualization, claiming procedural defects in the original 1980 sentencing. The Fou
• Razz v. State
  828 So. 2d 433· Fla. 1st DCA· 2002-10-09 ·cited 8×
• In the Interest of J.W. a child v. Leitner
  801 So. 2d 295· Fla. 2d DCA· 2001-12-14 ·cited 8×
  Children awaiting placement in a high-risk residential program may not be held in secure detention unless they meet statutory detention criteria.
• Holland v. State
  791 So. 2d 1256· Fla. 5th DCA· 2001-08-24 ·cited 8×
• T.S. v. Monta Clemons
  770 So. 2d 197· Fla. 2d DCA· 2000-09-29 ·cited 8×
  T.S., a juvenile charged with firearm possession offenses, challenged his continued placement in secure detention after receiving a Risk Assessment Instrument (RAI) score indicating home or nonsecure detention. The Florida appellate court held that where the RAI score warrants le
• Harris v. State
  766 So. 2d 1239· Fla. 1st DCA· 2000-09-25 ·cited 8×
  Morris Harris, facing civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, petitioned for certiorari review of the circuit court's denial of his motion to dismiss the commitment petition. The First District Court of Appeal denied the petition, holding t
• Gonzalez v. Moore
  743 So. 2d 158· Fla. 1st DCA· 1999-10-20 ·cited 8×
  Appellant sought review of a circuit court order dismissing his habeas corpus petition for failing to comply with a case management order. The appellate court reversed, finding that appellant had substantially complied with filing requirements and that the circuit court erred in
• Sanford v. State
  739 So. 2d 1208· Fla. 3d DCA· 1999-08-04 ·cited 8×
  The court held that the case must be remanded for a factual determination of whether prison overcrowding exceeded the statutory threshold, as the record lacked evidence to support the defendant's claim for restoration of credits.
• Pinder v. State
  779 So. 2d 309· Fla. 2d DCA· 1999-07-30 ·cited 8×
  Alfred Jerome Pinder appeals the dismissal of his petition for writ of habeas corpus and raises a new claim for ineffective assistance of appellate counsel. The appellate court affirmed the trial court's dismissal, finding that Pinder used an inappropriate vehicle for relief and
• T.C. v. Jaqueline Layne
  725 So. 2d 1278· Fla. 4th DCA· 1999-02-17 ·cited 8×
  A juvenile's departure from home-based community control constitutes absconding from a 'community control program,' justifying detention.
• Crockett v. Singletary
  723 So. 2d 911· Fla. 1st DCA· 1999-01-08 ·cited 8×
  Appellate court affirmed denial of habeas corpus petition, holding that credit for presentence prison time must be addressed in the sentencing court under Rule 3.800, not through habeas corpus.
• Adkins v. State
  729 So. 2d 955· Fla. 5th DCA· 1998-12-23 ·cited 8×
  The court denied the petition for writ of habeas corpus, finding the issue lacked merit and was procedurally barred.
• Rocco Mallardi v. Jenne
  721 So. 2d 380· Fla. 4th DCA· 1998-11-06 ·cited 8×
  A former husband challenged his confinement for failing to pay alimony, claiming he lacked ability to pay the purge amount. The Florida appellate court upheld the confinement, finding that the trial judge properly determined he had fraudulently conveyed assets and continued to ha
• Jett v. State
  722 So. 2d 211· Fla. 1st DCA· 1998-10-05 ·cited 8×
  Jack James Jett appeals the denial of post-conviction relief following sentences imposed for probation violations. The court affirmed that Rule 3.850 relief was time-barred but reversed, finding that Jett was subjected to double jeopardy when probation violation charges were brou
• Cousino v. Jenne
  717 So. 2d 599· Fla. 4th DCA· 1998-09-09 ·cited 8×
  Cousino sought habeas corpus relief after a trial judge revoked his bond without notice or motion from either party. The court granted the petition, holding that a trial judge cannot revoke bond on its own motion and must follow statutory procedures requiring state motion, good c
• Glockson v. Manna
  711 So. 2d 1332· Fla. 2d DCA· 1998-06-10 ·cited 8×
  Parents challenged circuit court orders awarding temporary custody of their children to their aunt under Florida's extended family custody statute. The appellate court reversed, finding the trial court failed to make required findings of parental unfitness and denied the parents
• Darryll Patterson v. Neuman
  707 So. 2d 946· Fla. 4th DCA· 1998-03-19 ·cited 8×
  Petitioner Patterson sought a writ of habeas corpus challenging a $100,000 bail set for sexual offenses against a child. The court granted the petition and remanded for new bond determination, finding the bail excessive where the trial court failed to adequately consider statutor
• Lepore v. Jenne
  708 So. 2d 980· Fla. 4th DCA· 1998-03-19 ·cited 8×
  The court held that the trial court erred in ordering pretrial detention without bond based on a violation of release conditions, as the state failed to prove the necessary statutory grounds for detention beyond a reasonable doubt.
• J.M. v. State
  705 So. 2d 98· Fla. 5th DCA· 1998-01-14 ·cited 8×
  A Florida appellate court held that a juvenile court cannot unilaterally extend secure detention beyond 5 days for children committed to moderate risk facilities; only the Department of Juvenile Justice may request such an extension, and only when necessary for appropriate placem
• Cameron v. McCAMPBELL
  704 So. 2d 721· Fla. 4th DCA· 1998-01-08 ·cited 8×
  The court held that the trial court abused its discretion by setting excessive bail without adequately considering the statutory criteria and the defendant's financial circumstances.
• Thetus Flemming v. Cochran
  694 So. 2d 131· Fla. 4th DCA· 1997-05-30 ·cited 8×
  Thetus Flemming sought habeas corpus relief from two bond revocation orders issued on April 22, 1997. The court granted relief as to one case where the trial court sua sponte revoked and increased bond without notice or state motion, but denied relief as to the other case where t
• Medina v. Singletary
  960 F. Supp. 275· M.D. Fla.· 1997-03-24 ·cited 8×
  The court held that a petitioner must obtain authorization from the appellate court before filing a second or successive habeas corpus application in the district court under AEDPA, and dismissed the case without prejudice to allow the petitioner to seek such authorization.
• In the Interest of D.G.H. v. Gnat
  682 So. 2d 210· Fla. 1st DCA· 1996-10-30 ·cited 8×
  A juvenile accused of battery on a school employee and disorderly conduct challenges his placement in secure detention via habeas corpus. The Florida First District Court of Appeal reverses, holding that trial courts lack discretion to order detention more restrictive than indica
• Savage v. State
  662 So. 2d 750· Fla. 4th DCA· 1995-11-15 ·cited 8×
  The trial court properly denied a petition for writ of habeas corpus because it lacked jurisdiction to consider a petition filed by a prisoner detained outside its territorial authority.
• Muehleman v. Dugger
  623 So. 2d 480· Fla.· 1993-08-05 ·cited 8×
  Jeffrey Allen Muehleman, a death row inmate, appeals the denial of his Rule 3.850 postconviction relief motion and seeks habeas corpus relief. The Florida Supreme Court holds that capital defendants are entitled to public records disclosure under chapter 119 and remands for the c
• In the Interest of H.L. v. Woolsey
  618 So. 2d 268· Fla. 1st DCA· 1993-03-25 ·cited 8×
  A juvenile filed a petition for writ of habeas corpus challenging his immediate secure detention after adjudication but before disposition, arguing it violated statutory requirements for detention and risk assessment.
• Yohey v. Collins
  985 F.2d 222· 5th Cir.· 1993-03-08 ·cited 8×
  The court held that claims raised for the first time on appeal or in a reply brief are not considered, and that state law claims do not provide a basis for federal habeas relief unless they rise to constitutional dimension.
• Brown v. Powell
  975 F.2d 1· 1st Cir.· 1992-07-15 ·cited 8×
  The court held that the trial court did not abuse its discretion or violate the Confrontation Clause by limiting cross-examination regarding the potential penalty the accomplice witness avoided, as the jury had sufficient information to assess witness bias.
• Eugenio L. Rodriguez v. Holmes
  963 F.2d 799· 5th Cir.· 1992-06-24 ·cited 8×
  The court held that the statute of limitations for the pro se litigant's civil rights action was tolled during the pendency of his state court proceedings, and therefore the action was timely filed.