Habeas Corpus

18,785 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Schwartz v. Schwartz
  143 So. 2d 901· Fla. 2d DCA· 1962-08-17 ·cited 7×
  The court held that the trial judge erred in quashing the writ of habeas corpus and remanding custody to the father, as the stated reason was insufficient to disturb the mother's agreed-upon custody.
• Lipscomb v. United States
  301 F.2d 905· 9th Cir.· 1962-03-29 ·cited 7×
  An order denying leave to proceed in forma pauperis is appealable, and the issue is whether the denial was warranted.
• RAY v. United States
  295 F.2d 416· 10th Cir.· 1961-10-12 ·cited 7×
  The court held that a second or successive motion for similar relief based on the same grounds is not required to be entertained, and that the evidence presented at the probation revocation hearing was not illegally obtained.
• Champion v. Cochran
  133 So. 2d 68· Fla.· 1961-09-22 ·cited 7×
  The Florida Supreme Court granted a writ of habeas corpus to an unmarried minor convicted of escape, finding his conviction invalid due to noncompliance with a statute requiring notice to parents. The petitioner was ordered released but remanded pending further proceedings on the
• Martens v. State
  100 So. 2d 440· Fla. 3d DCA· 1958-02-11 ·cited 7×
  This case involves a dispute over a minor child's custody between the father and the paternal grandfather. The appellate court affirmed the father's custody but remanded the case to allow the trial court to consider visitation rights for the grandfather.
• Snell v. Mayo
  80 So. 2d 330· Fla.· 1955-04-22 ·cited 7×
  In this habeas corpus appeal, the Florida Supreme Court held that appeals from habeas corpus orders seeking release from criminal custody must follow the criminal appeal timeline rules rather than civil procedure rules. The court denied the appellee's motion to dismiss based on a
• Latimer v. Cranor
  205 F.2d 568· 9th Cir.· 1953-06-22 ·cited 7×
  The court held that a change in circumstances after the district court's decision, specifically the state court granting habeas corpus, requires the appellate court to consider the case anew.
• O'Brien v. Lindsey
  204 F.2d 359· 1st Cir.· 1953-05-04 ·cited 7×
  The court held that the petitioner had not exhausted his state remedies, and therefore the federal court should retain the appeal without disposition, allowing him to pursue relief in the state courts.
• United States v. Flynn
  190 F.2d 672· 2d Cir.· 1951-08-06 ·cited 7×
  The court held that the lower court's order cancelling bail was not a flouting of its prior mandate, as the grounds for cancellation were distinct.
• United States ex rel. Cook v. Dowd
  180 F.2d 212· 7th Cir.· 1950-02-07 ·cited 7×
  The court held that a prisoner whose guilt was established by a regular verdict and who has made no contention that the judgment finding him guilty was void should not escape punishment.
• Simmons v. Hunter
  179 F.2d 664· 10th Cir.· 1950-01-04 ·cited 7×
• Application of Baer
  169 F.2d 770· 3d Cir.· 1948-08-16 ·cited 7×
  The court held that petitioners failed to exhaust their state remedies by not seeking certiorari from the Supreme Court after the New Jersey Court of Errors and Appeals addressed the merits of their federal constitutional claims.
• Kemmerer v. Benson
  165 F.2d 702· 6th Cir.· 1948-01-26 ·cited 7×
  The court held that the Michigan statute under which the appellant was committed is constitutional and that the district court did not err in denying the writ of habeas corpus.
• Enge v. Clark
  144 F.2d 638· 9th Cir.· 1944-06-30 ·cited 7×
  The court held that a registrant cannot challenge his Selective Service classification via habeas corpus before reporting for induction, as established in Falbo v. United States.
• State v. Coleman
  130 Fla. 537· Fla.· 1938-01-07 ·cited 7×
  George Miller, a notary public, was charged with making and delivering false absentee ballot affidavits in violation of Florida's 1935 absentee voting law. The Florida Supreme Court upheld the sufficiency of the information in habeas corpus proceedings, holding that the statute r
• State v. Chapman
  119 Fla. 347· Fla.· 1935-05-15 ·cited 7×
  A 16-year-old boy committed to the state prison for assault with intent to commit grand larceny sought habeas corpus relief, challenging whether a juvenile could be sentenced to hard labor in state prison. The Florida Supreme Court held that while juveniles charged with crimes re
• Buchanan v. Chapman
  108 Fla. 280· Fla.· 1933-02-14 ·cited 7×
  Buchanan challenged the validity of Florida's electrocution statute and his death sentence in a habeas corpus proceeding. The Florida Supreme Court upheld the statute and affirmed the judgment remanding him for execution, holding that the duty to execute death sentences devolves
• State v. Dillon
  82 Fla. 276· Fla.· 1921-08-15 ·cited 7×
  The Florida Supreme Court reviewed a habeas corpus case involving E. Stephenson's detention under a Miami ordinance regulating jitney buses. The court held that while the city had authority to license and regulate jitneys, the ordinance's requirement for a bond with unlimited con
• Anderson v. Tedford
  80 Fla. 376· Fla.· 1920-08-04 ·cited 7×
  The Florida Supreme Court invalidated a Panama City ordinance requiring written permits from the Mayor or City Council for public meetings in streets or parks, holding that the ordinance unconstitutionally vested unbridled discretion in city officials to grant or deny permits bas
• Ex parte Bush
  48 Fla. 69· Fla.· 1904-06-01 ·cited 7×
  Sam Bush challenged his conviction for breaking and entering with intent to commit larceny, arguing the statute defining grand larceny was unconstitutional due to an insufficiently broad title. The Florida Supreme Court affirmed his conviction, holding that the statute's actual t
• Hilliard J. Finch v. State
  15 Fla. 633· Fla.· 1876-01-01 ·cited 7×
  Finch sought habeas corpus relief and bail after indictment for murder in the first degree. The Florida Supreme Court affirmed the circuit court's denial of bail, holding that while a defendant indicted for capital offenses may present evidence to show guilt of a lesser offense o
• Ex parte Corpus
  12 Fla. 272· Fla.· 1868-01-01 ·cited 7×
  William Nightingale was arrested under a Florida statute authorizing the Board of Pilot Commissioners to prosecute persons working as stevedores without a license. The Florida Supreme Court held the statute unconstitutional because it violated the state constitutional requirement
• Colley v. State of Fla. & James Terry Colley
  Fla.· 2025-12-30 ·cited 6×
  James Terry Colley, Jr. was convicted in 2018 of two counts of first-degree murder, attempted murder, and burglary in a domestic violence case where he shot his estranged wife Amanda Colley and her friend Lindy Dobbins, and was sentenced to death. On appeal of his postconviction
• Roberson v. Junior
  46 Fla. L. Weekly D2572· Fla. 3d DCA· 2022-03-16 ·cited 6×
  A trial court does not abuse its discretion in denying pretrial bond when the state establishes proof of guilt is evident or presumption of guilt is great, and the defendant fails to present evidence of conditions that would assure his presence at trial and protect the community.
• Estela Mabel Argueta Romero v. Sec'y, U.S. Dep't of Homeland Sec.
  20 F.4th 1374· 11th Cir.· 2021-12-20 ·cited 6×
  The court held that an alien's departure from the U.S. before a deportation order is issued does not constitute 'self-execution' of that order under 8 U.S.C. § 1101(g). Therefore, the prior order remains effective for subsequent removal proceedings.
• Campbell v. State of Fla. & John William Campbell v. Julie J. Jones
  271 So. 3d 914· Fla.· 2018-11-29 ·cited 6×
  Trial counsel was not ineffective for failing to suppress Campbell's statements because counsel made a reasonable strategic decision to introduce the hospital statements to demonstrate Campbell's remorse and emotional state, thereby negating or reducing his culpability, and the j
• Alphonso James, Sr. v. Jones
  244 So. 3d 352· Fla. 1st DCA· 2018-04-18 ·cited 6×
  A trial court properly dismisses a habeas corpus petition when the petitioner seeks collateral postconviction relief that is untimely, successive, or raises claims that could have been raised at trial or on direct appeal.
• Casiano v. Scott
  241 So. 3d 219· Fla. 2d DCA· 2018-02-14 ·cited 6×
  Marcos Casiano challenges his pretrial detention pending a hearing to inquire into the source of funds used to post bail, known as a 'Nebbia hold.' The court grants his habeas corpus petition, holding that Florida law does not authorize courts to detain accused persons pending a
• Pamphile v. State
  216 So. 3d 765· Fla. 1st DCA· 2017-05-02 ·cited 6×
  Preston Pamphile sought postconviction relief arguing his appellate counsel provided ineffective assistance on multiple grounds. The court found merit in only one argument—that the trial court failed to expressly adjudicate his competency to stand trial despite appointing a compe
• Rodriguez v. State
  219 So. 3d 751· Fla.· 2017-04-20 ·cited 6×
  Juan David Rodriguez, death row inmate, appeals the denial of his motion to vacate his death sentence under Florida Rule of Criminal Procedure 3.851, claiming entitlement to relief under Hall v. Florida and Hurst v. Florida. The Florida Supreme Court affirms the circuit court's s
• Dickerson v. State
  204 So. 3d 544· Fla. 5th DCA· 2016-10-28 ·cited 6×
  The court held that the use of a flawed jury instruction did not constitute fundamental error where the defendant argued self-defense, as this argument conceded the intentional nature of the act.
• Gill v. Jones
  204 So. 3d 459· Fla. 4th DCA· 2016-06-01 ·cited 6×
  Marvin Gill appealed a trial court's order transferring his habeas corpus petition from Okeechobee County to Pasco County. The Fourth District Court of Appeal reversed, holding that habeas corpus cannot be used for collateral attacks on convictions and the petition should have be
• Deneal Brown v. State
  197 So. 3d 69· Fla. 2d DCA· 2016-03-30 ·cited 6×
  Deneal Brown petitioned for ineffective assistance of appellate counsel, alleging his counsel failed to raise a defective jury instruction on manslaughter by act. On remand from the Florida Supreme Court following Griffin v. State, the appellate court affirmed its conclusion that
• Rondon v. State
  157 So. 3d 360· Fla. 4th DCA· 2015-01-21 ·cited 6×
  Dennis Rondon sought habeas corpus relief alleging ineffective assistance of appellate counsel based on a sentencing error and a principal instruction error in his conspiracy conviction. The Fourth District denied the petition, finding no merit in any arguments raised.
• B.R. v. State
  145 So. 3d 196· Fla. 2d DCA· 2014-08-15 ·cited 6×
  The court held that section 985.26(3) allows fifteen days of secure detention after adjudication, and section 985.26(5) is a narrow exception for evaluations, not a general limit based on pre-adjudication detention status.
• Strong v. State
  140 So. 3d 680· Fla. 5th DCA· 2014-06-06 ·cited 6×
  Jeremy Strong petitioned for post-conviction relief alleging ineffective assistance of appellate counsel for failing to file a motion challenging sentencing fees. The court granted the petition in part, finding that the trial court imposed fees under repealed statutes without pro
• Quawn M. Franklin v. State
  137 So. 3d 969· Fla.· 2014-01-16 ·cited 6×
  Quawn Franklin appealed the denial of his Rule 3.851 motion for postconviction relief and filed a habeas petition challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the trial court's denial of all relief, finding no competency is
• Edwards v. Crews
  124 So. 3d 422· Fla. 1st DCA· 2013-10-25 ·cited 6×
  Warren Lee Edwards sought a writ of habeas corpus claiming entitlement to immediate release based on deficient pre-arrest probable cause and improper acceptance into custody. The Florida appellate court affirmed the dismissal of his petition, holding that probable cause challenge
• In re Amendments to the Florida Rules of Criminal Procedure and the Florida Rules of Appellate Procedure
  112 So. 3d 1234· Fla.· 2013-04-18 ·cited 6×
  The Florida Supreme Court adopted comprehensive amendments to Florida's criminal procedure rules governing postconviction relief, including modifications to rules on pleas, sentence correction, and collateral relief motions, and creation of a new rule addressing jail credit corre
• Magwood v. Tucker
  98 So. 3d 725· Fla. 1st DCA· 2012-10-08 ·cited 6×
  Bobby Magwood, a prison inmate, appealed a circuit court order that transferred his habeas corpus petition challenging his close management placement from Santa Rosa County to Leon County. The First District Court of Appeal reversed, holding that a habeas corpus petition challeng
• Robinson v. State
  95 So. 3d 437· Fla. 5th DCA· 2012-08-16 ·cited 6×
  Robinson petitioned for a writ of habeas corpus challenging his $500,000 bail as excessive. The Florida Fifth District Court of Appeal agreed, finding the bail amount was so excessive as to be the functional equivalent of no bail, and remanded for a new bond hearing where the tri
• Wydell Evans v. Sec'y, Dep't OF Corr.
  681 F.3d 1241· 11th Cir.· 2012-05-23 ·cited 6×
  Wydell Evans, a Florida death row inmate, appealed the District Court's denial of his first federal habeas corpus petition challenging the effectiveness of his trial counsel during the penalty phase of his capital trial. Evans was convicted in 1999 of murdering his brother's seve
• Horton v. Grady Judd
  80 So. 3d 439· Fla. 2d DCA· 2012-02-22 ·cited 6×
  Thomas Horton, a criminal defendant adjudicated incompetent to proceed to trial, petitioned for habeas corpus challenging his involuntary commitment to a state hospital. The court granted the petition, finding that the trial court's commitment order was not supported by clear and
• Clary Jamison v. State
  73 So. 3d 317· Fla. 1st DCA· 2011-10-25 ·cited 6×
  Clary Jamison appealed the denial of his habeas corpus petition, arguing the trial court erred in finding it lacked jurisdiction because he was incarcerated in another county. The court affirmed the dismissal, treating the petition as a time-barred postconviction motion under Flo
• Maxwell v. State
  69 So. 3d 1122· Fla. 3d DCA· 2011-09-28 ·cited 6×
• K.L.T. v. State
  65 So. 3d 102· Fla. 5th DCA· 2011-06-24 ·cited 6×
  An active juvenile probationary period is not tolled upon the filing of an affidavit of violation.
• Darian James v. State
  61 So. 3d 492· Fla. 2d DCA· 2011-05-27 ·cited 6×
  Darian James petitioned for relief claiming ineffective assistance of appellate counsel for failing to raise a double jeopardy claim on direct appeal. The court agreed that counsel was ineffective in not arguing that convictions for both conspiracy to commit racketeering and cons
• J.M. v. Gargett
  53 So. 3d 1245· Fla. 2d DCA· 2011-02-23 ·cited 6×
  J.M., a juvenile, sought habeas corpus relief challenging consecutive placements in secure detention for two probation violations adjudicated simultaneously. The Second District Court of Appeal denied the petition, disagreeing with the Fifth District's interpretation of Florida S
• Smith v. McNEIL
  49 So. 3d 298· Fla. 1st DCA· 2010-10-25 ·cited 6×
  The trial court did not err in dismissing the petition as moot because the circumstances did not meet exceptions to the mootness doctrine.
• Jones v. Fla. Parole Comm'n
  48 So. 3d 704· Fla.· 2010-10-14 ·cited 6×
  The Florida Supreme Court resolved a certified conflict among district courts regarding whether statutory limitations under section 95.11(5)(f) apply to habeas corpus petitions filed by inmates challenging unlawful detention. The Court held that applying the statute of limitation