Habeas Corpus

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

• Coakley v. State
  43 So. 3d 790· Fla. 1st DCA· 2010-08-10 ·cited 6×
  The appellate court affirmed the denial of a habeas corpus petition, even though the lower court incorrectly dismissed it for lack of jurisdiction. The court found that while the petition was filed in the wrong county, the issues raised could have and should have been addressed i
• Bellamy v. Crosby
  31 So. 3d 895· Fla. 1st DCA· 2010-03-25 ·cited 6×
  The Florida appellate court reversed Timothy Bellamy's conviction and remanded for a new trial, holding that the trial court failed to properly apply the Batson v. Kentucky analysis when evaluating the state's peremptory challenges that removed two black jurors. The trial court e
• Bramblett v. State
  15 So. 3d 839· Fla. 1st DCA· 2009-07-24 ·cited 6×
  An untimely motion for rehearing does not toll the rendition of a final order, and an untimely notice of appeal cannot be amended to confer jurisdiction.
• Comer v. State
  997 So. 2d 440· Fla. 1st DCA· 2008-11-26 ·cited 6×
  Charles Comer received ineffective assistance of appellate counsel when his direct appeal counsel failed to raise the issue of improper jury instructions using "and/or" language in instructing the jury on assault and resisting arrest. The court granted his petition for post-convi
• Orin A. Mims v. State
  994 So. 2d 1233· Fla. 3d DCA· 2008-11-19 ·cited 6×
  The dissenting opinion argues that the trial court correctly determined the appellant's fourth motion under Rule 3.800 was frivolous, previously adjudicated, and thus appropriately stricken and sanctioned.
• Melara v. State
  997 So. 2d 1135· Fla. 3d DCA· 2008-11-12 ·cited 6×
  Petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied as untimely filed more than two years after the judgment became final on direct review.
• Rubin Griffin v. State
  976 So. 2d 107· Fla. 3d DCA· 2008-03-05 ·cited 6×
  Rubin Griffin sought a writ of habeas corpus claiming ineffective assistance of trial counsel and requesting reversal of his convictions and immediate release. The Florida Third District Court of Appeal denied the petition, holding that habeas corpus is an improper vehicle for ch
• Grimsley v. State
  972 So. 2d 916· Fla. 5th DCA· 2007-11-30 ·cited 6×
  Kenneth Grimsley appeals the denial of his fifth rule 3.800(a) motion challenging his forty-year habitual violent felony offender sentence for robbery with a firearm. The court affirmed the denial and prohibited Grimsley from filing further pro se pleadings in the case, finding h
• Wainwright v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  537 F.3d 1282· 11th Cir.· 2007-11-13 ·cited 6×
  Anthony Wainwright, a death row inmate, filed a federal habeas corpus petition six days after the statute of limitations expired under the Antiterrorism Effective Death Penalty Act (AEDPA). The Eleventh Circuit affirmed the district court's dismissal, holding that Wainwright was
• Jones v. Ryan
  967 So. 2d 342· Fla. 3d DCA· 2007-10-05 ·cited 6×
  Kevin Jones and Virgil Swindle sought habeas corpus relief after being confined for civil contempt of court for failing to comply with domestic violence injunction orders requiring program enrollment. The court held that the final contempt orders were criminal in nature rather th
• Carpenter v. Fla. Parole Comm'n
  958 So. 2d 564· Fla. 2d DCA· 2007-06-20 ·cited 6×
  The court denied Carpenter's petition for certiorari challenging the revocation of his conditional release, holding that while his habeas petition was not time-barred under Florida law, the trial court did not depart from the essential requirements of law in denying relief on the
• Kuehl v. Ric L. Bradshaw
  954 So. 2d 653· Fla. 4th DCA· 2007-03-30 ·cited 6×
  David Kuehl sought mandamus, certiorari, or habeas corpus relief after a trial court refused to mitigate his sentence when he arrived two hours late to his scheduled surrender date under a plea agreement. The Fourth District Court of Appeal denied all writs, holding that a two-ho
• Permenter v. State
  953 So. 2d 647· Fla. 4th DCA· 2007-03-28 ·cited 6×
  Lawrence Permenter seeks a new appeal, claiming his appellate counsel was ineffective for failing to raise as fundamental error an instructional issue regarding the 'forcible felony exception' to self-defense. The court grants the petition for a new appeal, finding the appellate
• Antoine Williams v. State
  947 So. 2d 694· Fla. 4th DCA· 2007-02-07 ·cited 6×
  In this rehearing motion case, the Fourth District Court of Appeal vacated Antoine Williams's conviction for aggravated fleeing and eluding, attempted burglary, and leaving the scene of accidents, finding that the trial court violated his Sixth Amendment Confrontation Clause righ
• Davis v. State
  943 So. 2d 975· Fla. 5th DCA· 2006-12-08 ·cited 6×
  Marvin Davis, an incarcerated pro se petitioner, sought a writ of habeas corpus claiming he was entitled to immediate release because the Department of Corrections incorrectly calculated his release date. The Florida Fifth District Court of Appeal denied the petition, holding tha
• Brimage v. State
  937 So. 2d 230· Fla. 3d DCA· 2006-09-01 ·cited 6×
  Brimage appeals the trial court's summary denial of his belated Rule 3.850 postconviction relief motion filed nearly four years after his direct appeal became final. The court reverses, holding that due process may entitle a defendant to file a belated Rule 3.850 motion if he was
• T.D.S. v. State
  922 So. 2d 346· Fla. 5th DCA· 2006-02-24 ·cited 6×
  A juvenile petitioner challenges his secure detention despite a risk assessment instrument (RAI) score of zero. The court grants the habeas corpus petition, holding that Florida law requires written, clear and convincing reasons when a trial court orders placement more restrictiv
• Horne v. State
  918 So. 2d 1011· Fla. 2d DCA· 2006-01-25 ·cited 6×
  Michael Horne petitioned for relief based on ineffective assistance of appellate counsel. The court granted the petition on one ground: appellate counsel's failure to challenge an improper resentencing by a successor judge without a showing of necessity in violation of Florida Ru
• L.K. v. Dep't OF Juv. Just.
  917 So. 2d 919· Fla. 1st DCA· 2005-12-12 ·cited 6×
  The court held that the 15-day detention period under section 985.215(5)(d) is calculated in calendar days and does not exclude Saturdays, Sundays, and legal holidays.
• Sylvis v. State
  916 So. 2d 915· Fla. 5th DCA· 2005-11-18 ·cited 6×
  William Sylvis appealed the denial of his habeas corpus petition challenging the Florida Parole Commission's revocation of his parole for violating a no-contact condition. The appellate court treated the appeal as a petition for certiorari and denied relief, finding the circuit c
• Dep't OF Child. & Families v. J.J.E.
  901 So. 2d 215· Fla. 5th DCA· 2005-04-07 ·cited 6×
  The court held that a writ of prohibition should be granted because the circuit court lacked subject matter jurisdiction to hear a habeas corpus petition challenging a prior termination of parental rights order.
• Gibson v. Fla. Parole Comm'n
  895 So. 2d 1291· Fla. 5th DCA· 2005-03-24 ·cited 6×
  The court reversed the dismissal of Gibson's habeas corpus petition challenging a Florida Parole Commission order, holding that the trial court should have treated it as a mandamus petition and transferred it to Leon County rather than dismissing it outright.
• Ennis v. Regier
  869 So. 2d 701· Fla. 2d DCA· 2004-04-02 ·cited 6×
  The court affirmed in part and reversed in part the dismissal of Phillip Ennis's two petitions for habeas corpus, affirming the dismissal of the second petition challenging his civil commitment as a sexually violent predator on Ex Post Facto and double jeopardy grounds, but rever
• Galen Golden v. Crow
  862 So. 2d 903· Fla. 2d DCA· 2003-12-22 ·cited 6×
  Court granted habeas corpus petition because state failed to file required motion for pretrial detention, requiring trial court to conduct release hearing or impose standard bond.
• McCARTHY v. Jenne
  861 So. 2d 99· Fla. 4th DCA· 2003-12-17 ·cited 6×
• Jones v. State
  858 So. 2d 1263· Fla. 1st DCA· 2003-11-17 ·cited 6×
  Eddie Jones petitioned for habeas corpus challenging the trial court's subject matter jurisdiction based on an allegedly defective arrest warrant affidavit. The appellate court found Jones had engaged in an abuse of the legal process through repetitive, successive filings raising
• Staley v. State
  851 So. 2d 805· Fla. 2d DCA· 2003-07-30 ·cited 6×
  Bobby Staley challenges the revocation of his probation, arguing that the trial court failed to follow statutory and constitutional due process requirements. The Florida Second District Court of Appeal reversed the probation revocation order, holding that a probationer cannot pro
• Robert E.H. Carlisle v. State
  849 So. 2d 1146· Fla. 5th DCA· 2003-07-18 ·cited 6×
  Robert Carlisle challenged his burglary conviction through successive collateral petitions alleging ineffective assistance of counsel regarding his missing wife's failure to testify. The Fifth District Court of Appeal denied his petition and barred him from filing further pro se
• Strong v. State
  851 So. 2d 758· Fla. 2d DCA· 2003-06-20 ·cited 6×
  Anthony Strong appealed a circuit court order denying his petition for a writ of habeas corpus seeking to file a belated motion for postconviction relief under Florida Rule of Criminal Procedure 3.850(b)(3), claiming his appellate attorney failed to timely file such a motion. The
• Christifa A. Knowles v. Fla. Parole Comm'n
  846 So. 2d 1246· Fla. 1st DCA· 2003-06-09 ·cited 6×
  The circuit court departed from essential requirements of law by ordering a filing fee and ruling on a habeas petition outside its jurisdiction.
• Tannehill v. State
  843 So. 2d 355· Fla. 3d DCA· 2003-04-30 ·cited 6×
  The court held that habeas corpus is not an available substitute for post-conviction relief and affirmed the trial court's denial of the petition.
• Alverez v. State
  840 So. 2d 322· Fla. 5th DCA· 2003-02-14 ·cited 6×
  Twelve individuals petitioned for release under the Jimmy Ryce Act, claiming their civil commitment petitions were invalid because neither the original petition nor supporting documents were sworn. The Fifth District Court of Appeal aligned with other districts in requiring sworn
• Gove v. Fla. Parole Comm'n
  816 So. 2d 1150· Fla. 1st DCA· 2002-04-26 ·cited 6×
  Shane Gove challenges his detention under Florida's conditional release program, arguing he was unlawfully classified as a conditional releasee. The court agrees that Gove did not qualify for conditional release under Florida Statutes § 947.1405(2) because he lacked a prior felon
• Williams v. Spears
  814 So. 2d 1167· Fla. 3d DCA· 2002-04-17 ·cited 6×
  Marion Williams challenges the constitutionality of Florida Statute § 903.0471, which permits courts to revoke a defendant's pretrial release and deny further release if the defendant commits a new crime while on pretrial release. The appellate court upholds the statute as consti
• L.W. v. Dep't of Child. & Families
  812 So. 2d 551· Fla. 1st DCA· 2002-03-28 ·cited 6×
  Parents in a dependency case sought habeas corpus review to challenge their court-appointed counsel's alleged ineffectiveness. The First District Court of Appeal held that parents constitutionally entitled to appointed counsel in dependency proceedings are entitled to competent a
• Johnson v. Moore
  801 So. 2d 289· Fla. 1st DCA· 2001-12-12 ·cited 6×
  The court reversed the denial of habeas corpus petition insofar as it failed to address a Hale claim regarding consecutive sentences, remanding for the trial court to determine whether the record supports the claim that five consecutive habitual felony offender life sentences wer
• Franklin v. Kearney
  814 So. 2d 462· Fla. 4th DCA· 2001-12-03 ·cited 6×
  The circuit court that committed Petitioner has jurisdiction to hear his habeas corpus petition challenging the commitment, even if he is detained elsewhere.
• Hawker v. Warden Lawrence Greer
  801 So. 2d 168· Fla. 4th DCA· 2001-11-29 ·cited 6×
  The Fourth District affirmed the trial court's decision to allow the state nine days to amend its petition to comply with the Jimmy Ryce Act's requirement that ex parte probable cause determinations be supported by sworn proof, rejecting petitioners' argument for immediate releas
• McBRIDE v. Moore
  780 So. 2d 221· Fla. 1st DCA· 2001-02-09 ·cited 6×
  Jason McBride, an inmate serving a twenty-year sentence, sought early release credits but was denied because he was subsequently sentenced as a habitual offender. The court held that the 1992 amendment to Florida Statutes section 944.277(1)(g) clearly precluded provisional releas
• Gray v. State
  774 So. 2d 30· Fla. 2d DCA· 2000-09-27 ·cited 6×
  Morris Gray appeals the denial of his habeas corpus petition (treated as a Rule 3.850 motion for postconviction relief) challenging the voluntariness of his guilty plea based on the trial court's failure to inform him of potential deportation consequences. The court reverses and
• Partridge v. Moore
  768 So. 2d 1128· Fla. 1st DCA· 2000-08-22 ·cited 6×
  Paul Partridge petitioned for post-conviction relief claiming ineffective assistance of appellate counsel after his direct appeal resulted in modification of his convictions. The court denied the petition as time-barred under Florida's two-year rule and alternatively for failure
• Bret Bickis v. Broward Cnty. Sheriff
  763 So. 2d 487· Fla. 4th DCA· 2000-07-10 ·cited 6×
• Pereira v. Ibrahim Shanti
  751 So. 2d 1291· Fla. 3d DCA· 2000-03-30 ·cited 6×
  Maria Pereira appealed a trial court order granting temporary custody of her two-year-old son to the father, Ibrahim Shanti, after she breached an agreement to return to Jordan following a Florida vacation. The court affirmed, holding that Florida lacked jurisdiction under the Un
• Perry v. State
  786 So. 2d 583· Fla. 1st DCA· 2000-02-28 ·cited 6×
  Perry appeals the trial court's summary denial of his petition for a writ of error coram nobis seeking to vacate his 40-year-old uncounseled conviction for theft of a motor vehicle based on an involuntary and uncounseled plea. The court reversed, holding that coram nobis was the
• Rondale Hall v. State
  746 So. 2d 544· Fla. 5th DCA· 1999-12-10 ·cited 6×
• Lowman v. Moore
  744 So. 2d 1210· Fla. 2d DCA· 1999-11-10 ·cited 6×
  Ronnie Lowman petitioned for habeas corpus based on ineffective assistance of appellate counsel, arguing his conviction for lewd and lascivious assault on a child under 16 was defective because the victim was actually 16 years old at the time of the offense. The court granted rel
• Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n
  741 So. 2d 1201· Fla. 1st DCA· 1999-09-22 ·cited 6×
  Gary Powell petitioned for habeas corpus relief after the circuit court denied his motion for relief from judgment regarding a forfeiture of gain time by the Florida Department of Corrections. The appellate court denied the habeas corpus petition for lack of jurisdiction, holding
• C.R.C. and C.A.C. v. Portesy
  731 So. 2d 770· Fla. 2d DCA· 1999-04-09 ·cited 6×
  The court held that the Risk Assessment Instrument (RAI) should not score ten points for burglary of an unoccupied dwelling, as the term 'occupied residential structure' requires the dwelling to be occupied.
• Schwartz v. Neumann
  731 So. 2d 746· Fla. 4th DCA· 1999-03-31 ·cited 6×
  The court held that a pretrial detention order must be vacated if the state fails to prove the existence of at least one of the four circumstances listed in section 907.041(4)(b).
• RIX v. Jenne
  728 So. 2d 827· Fla. 4th DCA· 1999-03-30 ·cited 6×
  Petitioner Brian Rix challenged the revocation of his bond without a new bond hearing following his arrest on new charges. The Florida Fourth District Court of Appeal held that while a trial court may revoke bond for breach of conditions, it must follow statutory requirements und