Habeas Corpus

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

• Huston Wyeth v. William J. Whitman as Chief of Police
  72 Fla. 40· Fla.· 1916-06-29 ·cited 6×
  This case concerns whether a city ordinance restricting building setbacks from sidewalks is within the city's statutory authority. The court found that the city exceeded its powers, as the ordinance was not reasonably related to the purpose of establishing fire limits.
• Reynolds v. Jaques Alderman
  72 Fla. 39· Fla.· 1916-06-27 ·cited 6×
  The Florida Supreme Court affirmed a lower court's order regarding the custody of a minor child. The court found no abuse of judicial discretion in the award, which granted custody to the defendant in error while allowing the mother visitation rights.
• Pou v. Ellis
  66 Fla. 358· Fla.· 1913-11-25 ·cited 6×
  Frank R. Pou challenged his arrest on an information charging him and others with conspiracy to falsify voter registration records in Pensacola. The Florida Supreme Court upheld the information against two statutory construction arguments, holding that the falsification statute a
• Mashburn v. State
  65 Fla. 470· Fla.· 1913-05-27 ·cited 6×
  Mashburn challenges his arrest for refusing to work on public roads or pay a $4 commutation fee, arguing the road duty statute violates Florida's constitutional limits on capitation taxes and prohibition on imprisonment for debt. The Florida Supreme Court affirms his detention, h
• Belch v. Frances Manning as prochein ami of Emma Manning
  55 Fla. 229· Fla.· 1908-01-01 ·cited 6×
  The Florida Supreme Court held that habeas corpus proceedings are sui generis and not subject to the standard procedural rules governing civil causes on appeal. The Court rejected a motion to dismiss a writ of error in a habeas corpus case, ruling that the writ of scire facias ad
• The State of Fla. ex rel. Frank S. Porter v. Vinzant
  49 Fla. 130· Fla.· 1905-01-01 ·cited 6×
  The Florida Supreme Court dismissed an appeal because the writ of error was not properly allowed or granted as required by statute, meaning the court lacked jurisdiction to hear the case.
• Ex-Parte Lott Bryant
  24 Fla. 278· Fla.· 1888-06-01 ·cited 6×
  The court considered whether a sentence of imprisonment until a fine was paid constituted illegal indefinite imprisonment. The court held that such imprisonment is a lawful means of enforcing a fine, not part of the penalty itself, and thus not a violation of the state's Bill of
• Wendall Hall v. Sec'y, Dep't of Corr.
  N.D. Fla.· 2025-11-21 ·cited 5×
  The court held that the petitioner's claims are procedurally defaulted because the state courts relied on independent and adequate state-law procedural grounds, and the petitioner failed to establish cause for the default or demonstrate a miscarriage of justice.
• Eusebio Aviles, III v. Warden, Volusia Cnty. Corr.
  M.D. Fla.· 2025-10-07 ·cited 5×
  A pretrial detainee seeking federal habeas corpus relief under 28 U.S.C. § 2241 must demonstrate that state procedures cannot resolve the issues, and federal courts should abstain if state remedies are available.
• Tolliver v. Sec'y, Dep't of Corr. (Hillsborough County)
  2023 WL 4488294· M.D. Fla.· 2025-04-28 ·cited 5×
  The court held that the petition for writ of habeas corpus was time-barred under AEDPA and must be dismissed.
• Pavilion at Healthpark, LLC v. S. M.
  280 So. 3d 507· Fla. 6th DCA· 2025-03-07 ·cited 5×
  Park Royal Hospital appeals a mandatory injunction requiring compliance with Florida's Baker Act and Administrative Code provisions for future unnamed patients. The trial court entered the broad injunction despite S.M.'s petition seeking only habeas corpus relief and correction o
• King v. Warden, Georgia Diagnostic Prison
  69 F.4th 856· 11th Cir.· 2023-06-02 ·cited 5×
  Warren King, a death-row inmate, appealed the denial of his federal habeas corpus petition, raising challenges to his jury selection based on alleged discriminatory peremptory strikes, his trial counsel's ineffective assistance, and Georgia's procedure for proving intellectual di
• Alcazar v. State
  Fla. 3d DCA· 2023-03-08 ·cited 5×
  Under Florida law, an overt act sufficient for attempted first-degree murder must manifest pursuance of criminal intent, going beyond mere preparation to actual commencement of the crime, and must reach far enough toward accomplishment to constitute a commencement of consummation
• Greene v. Strong
  2020 WL 5015613· N.D. Fla.· 2021-12-03 ·cited 5×
  The court held that the First Step Act's provisions for earned time credits do not mandate their award during the two-year phase-in period, and a petition filed before the completion of this period is premature.
• Oqueshia Andrews v. Carmel Biggers, Jr.
  996 F.3d 1235· 11th Cir.· 2021-05-07 ·cited 5×
  The Eleventh Circuit affirmed the district court's dismissal, holding that under binding precedent, the sheriff was entitled to Eleventh Amendment immunity as an arm of the state when promulgating policies for county jail conditions.
• Gerome v. State
  306 So. 3d 314· Fla. 3d DCA· 2020-07-01 ·cited 5×
  The court denied a habeas corpus petition seeking relief based on ineffective assistance of appellate counsel. The petitioner argued his counsel was ineffective for not challenging the trial court's decision to allow the State to amend the charging document during jury selection.
• Johnson v. State
  264 So. 3d 259· Fla. 1st DCA· 2019-01-22 ·cited 5×
  Jesse Johnson petitioned for relief based on ineffective appellate counsel in his previously affirmed 2015 burglary conviction. The court found that appellate counsel was ineffective for failing to raise the trial court's error in ordering a competency evaluation but failing to h
• Lynch v. State
  254 So. 3d 312· Fla.· 2018-09-20 ·cited 5×
  Richard Lynch, convicted of two murders and sentenced to death, appealed the denial of a successive motion for postconviction relief based on Hurst v. State. The Florida Supreme Court affirmed, holding that Lynch's valid waiver of his right to a penalty phase jury precluded Hurst
• Marshall v. State
  241 So. 3d 969· Fla. 1st DCA· 2018-03-29 ·cited 5×
  Appellate counsel was ineffective for failing to move to correct an illegal consecutive sentencing of two mandatory-minimum terms and for failing to raise the issue on direct appeal.
• Weitz v. State
  229 So. 3d 872· Fla. 2d DCA· 2017-10-25 ·cited 5×
  Joseph Weitz petitioned for relief based on ineffective assistance of appellate counsel for failing to raise a double jeopardy argument regarding his dual convictions for transmitting material harmful to minors and unlawfully using a two-way communications device. The Florida Dis
• Straitiff v. State
  228 So. 3d 1173· Fla. 5th DCA· 2017-10-13 ·cited 5×
  A petitioner convicted of soliciting a minor via the internet and traveling to meet that minor seeks habeas corpus relief to vacate his solicitation conviction as a double jeopardy violation. The Florida Supreme Court's decision in State v. Shelley established that dual convictio
• Altersberger v. State
  216 So. 3d 621· Fla.· 2017-04-27 ·cited 5×
  Joshua Lee Altersberger, convicted of first-degree murder for shooting Florida Highway Patrol Sergeant Nick Sottile, challenges his death sentence. The Florida Supreme Court affirms his conviction and denial of postconviction relief regarding trial counsel's advice on plea withdr
• Orme v. State
  214 So. 3d 1269· Fla.· 2017-03-30 ·cited 5×
  The Florida Supreme Court granted death row inmate Roderick Orme a new penalty phase based on the U.S. Supreme Court's decision in Hurst v. Florida, which requires that a jury—not a judge—unanimously find all facts necessary to impose a death sentence. The Court found that the 11
• Ruiz v. Dep't OF Child. & Families
  212 So. 3d 431· Fla. 2d DCA· 2016-12-30 ·cited 5×
• Thompson v. State
  208 So. 3d 49· Fla.· 2016-11-10 ·cited 5×
  William Thompson, convicted of murder and sentenced to death in 1993, sought relief on grounds of intellectual disability following Atkins v. Virginia. The Florida Supreme Court reversed and remanded for a new hearing because prior proceedings were tainted by reliance on Cherry v
• Dooley v. State
  206 So. 3d 87· Fla. 2d DCA· 2016-10-14 ·cited 5×
  The court held that a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise a fundamental error in jury instructions should be granted, allowing a new appeal on that issue.
• Betts v. State
  157 So. 3d 376· Fla. 2d DCA· 2015-01-30 ·cited 5×
  Eugene Betts petitioned for relief from ineffective assistance of appellate counsel, claiming his appellate counsel failed to raise trial court errors regarding his unequivocal requests to proceed pro se. The court granted the petition as to two grounds, finding the trial court c
• Rodriguez v. Sec'y, Fla. Dep't OF Corr.
  756 F.3d 1277· 11th Cir.· 2014-06-30 ·cited 5×
  Manuel Antonio Rodriguez was convicted of three murders and armed burglary committed during a December 1984 burglary in Miami and sentenced to death. Rodriguez sought habeas relief claiming the State violated Giglio v. United States and Brady v. Maryland by eliciting or failing t
• Sylvester v. State
  175 So. 3d 813· Fla. 5th DCA· 2014-06-03 ·cited 5×
  Peter Sylvester sought habeas corpus relief challenging a $600,000 bond set by the trial court as unreasonable. The Fifth District Court of Appeal granted the petition and remanded, finding that the trial court failed to adequately consider Sylvester's financial resources when se
• Moore v. State
  137 So. 3d 611· Fla. 4th DCA· 2014-05-07 ·cited 5×
  David Moore appealed the dismissal of his habeas corpus petition challenging a detainer placed on him by the Martin County Sheriff's Office based on a contempt sentence imposed in 1995. The court reversed and remanded, instructing the trial court to treat the petition as a mandam
• McKENNA v. State
  161 So. 3d 435· Fla. 2d DCA· 2014-05-07 ·cited 5×
  The Florida District Court of Appeal, Second District, restricted Kenneth McKenna from filing further pro se appeals and original proceedings related to his 1987 criminal conviction, finding that his numerous frivolous and repetitious filings had burdened the court's resources wi
• Harris v. State
  133 So. 3d 1169· Fla. 3d DCA· 2014-02-26 ·cited 5×
  Roy Harris appealed a trial court order transferring his habeas corpus petition from Miami-Dade County Circuit Court to Leon County Circuit Court. The Third District Court of Appeal reversed, holding that because Harris's petition challenged the legality of his current detention
• Dean v. State
  124 So. 3d 997· Fla. 4th DCA· 2013-10-30 ·cited 5×
  Christopher Dean petitioned for relief from ineffective assistance of appellate counsel, claiming his appellate counsel failed to raise a fundamental error regarding a circular jury instruction on burglary in his direct appeal. The Florida Fourth District Court of Appeal granted
• Mabrey v. Fla. Parole Comm'n
  109 So. 3d 1264· Fla. 2d DCA· 2013-04-03 ·cited 5×
• Cummings v. State
  103 So. 3d 1048· Fla. 2d DCA· 2013-01-04 ·cited 5×
  Robert Cummings sought postconviction relief arguing his appellate counsel was ineffective for failing to raise that a manslaughter-by-act jury instruction constituted fundamental error. The court agreed, finding that under State v. Montgomery, the same erroneous instruction that
• Donnie L. Prince v. State
  98 So. 3d 768· Fla. 4th DCA· 2012-10-17 ·cited 5×
  Prince seeks habeas corpus relief to challenge his life sentence imposed in 1986 for cocaine trafficking. The Fourth District Court of Appeal grants the writ, finding manifest injustice because the trial court erroneously believed it had no sentencing discretion and was required
• Whitfield v. State
  95 So. 3d 964· Fla. 5th DCA· 2012-08-17 ·cited 5×
  Kenneth Whitfield appealed the denial of his habeas corpus petition challenging his 30-year habitual violent felony offender sentence imposed in 1998. The court affirmed the denial, explaining that a later 15-year sentence designated as coterminous with the 30-year sentence did n
• Broom v. Tucker
  94 So. 3d 502· Fla.· 2012-05-03 ·cited 5×
  The court held that the inmate's pro se habeas corpus petition was unauthorized and frivolous, warranting sanctions.
• Ballard v. McNeil
  785 F. Supp. 2d 1299· N.D. Fla.· 2011-03-25 ·cited 5×
  The court adopts the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus.
• State v. Stang
  41 So. 3d 206· Fla.· 2010-07-08 ·cited 5×
  The dissenting opinion argues that the district court erred in releasing the defendant, asserting that the defendant's habeas corpus petitions were procedurally barred because the issues raised could have and should have been addressed in prior direct appeals or postconviction mo
• Robenson v. McNEIL
  39 So. 3d 350· Fla. 1st DCA· 2010-06-04 ·cited 5×
  Louis Robenson, an inmate serving a life sentence, appealed the dismissal of his habeas corpus petition seeking deportation to Haiti rather than continued detention. The Florida First District Court of Appeal affirmed the dismissal, finding the petition legally frivolous and impo
• Hutchinson v. State
  29 So. 3d 1228· Fla. 3d DCA· 2010-03-31 ·cited 5×
  Tyrone Hutchinson appeals the denial of a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800, claiming he should have been sentenced to five years (as promised in his 2001 plea agreement) rather than ten years (imposed in 2005 for violating commu
• Carswell v. State
  23 So. 3d 195· Fla. 4th DCA· 2009-11-18 ·cited 5×
  Fred Carswell III appealed the denial of his post-conviction relief motion, and the court treated the appeal as a petition for writ of habeas corpus to address a manifest injustice. The court held that the trial court properly vacated the aggravated battery conviction because the
• Lamont Clifford King v. State
  15 So. 3d 27· Fla. 1st DCA· 2009-05-11 ·cited 5×
  King petitioned for relief claiming his appellate counsel was ineffective for failing to raise two potentially meritorious issues on direct appeal: insufficient evidence for the "entered" element of burglary and exclusion of impeachment evidence. The court granted the petition in
• D.P. v. State
  8 So. 3d 1203· Fla. 5th DCA· 2009-04-24 ·cited 5×
• Cruz v. State
  976 So. 2d 695· Fla. 4th DCA· 2008-03-24 ·cited 5×
  The court held that the defendant was entitled to either withdraw his plea or have the plea agreement enforced, as the parties contemplated he would receive credit for time already served on the unsuspended portion of his sentence.
• Johnson v. State
  969 So. 2d 402· Fla. 4th DCA· 2007-10-17 ·cited 5×
  Shane Johnson appealed the dismissal of his habeas corpus petition, but the appellate court dismissed the appeal as untimely. Johnson filed his notice of appeal more than 30 days after the trial court's dismissal order, and his motion for rehearing was not timely filed, so it did
• Prettyman v. State
  951 So. 2d 27· Fla. 5th DCA· 2007-02-16 ·cited 5×
  The court held that a petitioner alleging ineffective assistance of appellate counsel due to an incomplete record must identify specific errors in the omitted portions to show prejudice.
• Obando v. Ric L. Bradshaw
  920 So. 2d 198· Fla. 4th DCA· 2006-02-15 ·cited 5×
  A defendant sought a writ of habeas corpus to challenge his pre-trial detention on a no-bond capias for failure to appear at arraignment after his criminal charges were initially 'no-filed' and later re-filed.
• Marsh v. State
  919 So. 2d 540· Fla. 3d DCA· 2005-12-21 ·cited 5×
  The court struck the pro se petition because the petitioner was represented by counsel and denied the petition for writ of mandamus.