Habeas Corpus

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

• Lowry v. State
  252 So. 3d 348· Fla. 3d DCA· 2018-07-25 ·cited 4×
  A habeas corpus petition alleging ineffective assistance of appellate counsel filed more than two years after conviction becomes final on direct review must be dismissed as untimely unless the petitioner alleges under oath with specific factual basis that counsel affirmatively mi
• Dameon Tremayne Moore v. State of Fla. & Cornita A. Riley
  247 So. 3d 672· Fla. 5th DCA· 2018-05-23 ·cited 4×
  Dameon Moore, detained pending trial on aggravated stalking and pretrial release violation charges, sought habeas corpus relief after the trial court denied his bail reduction motion without a hearing, labeling it "legally insufficient." The Florida District Court of Appeal, Fift
• Robert E. Banks v. Jones
  232 So. 3d 963· Fla.· 2017-12-21 ·cited 4×
  The Florida Supreme Court resolved a certified conflict between district courts on whether inmates may use habeas corpus petitions to challenge close management housing assignments. The Court held that habeas corpus remains the proper vehicle for such challenges when the assignme
• Cary Michael Lambrix v. Jones
  227 So. 3d 550· Fla.· 2017-09-26 ·cited 4×
  Cary Lambrix, a death row inmate convicted of two 1983 murders, petitioned for a writ of habeas corpus raising claims of actual innocence, denial of the right to testify, and inadequate access to DNA evidence. The Florida Supreme Court denied the petition, finding Lambrix had fai
• White v. Junior
  219 So. 3d 230· Fla. 3d DCA· 2017-05-17 ·cited 4×
  Travis White petitions for habeas corpus after being convicted of direct criminal contempt for failing to submit to a court-ordered drug test and return to court in a dependency proceeding. The Florida District Court of Appeal vacates the conviction and remands for prosecution as
• Knight v. State
  213 So. 3d 1019· Fla. 1st DCA· 2017-02-21 ·cited 4×
  Brittany Knight, a daycare worker charged with aggravated manslaughter of a child, petitioned for a writ of habeas corpus challenging her $250,000 bail as excessive. The Florida First District Court of Appeal denied her petition, holding that she failed to meet her burden of prov
• Brewster v. State
  203 So. 3d 956· Fla. 2d DCA· 2016-09-30 ·cited 4×
  The postconviction court erred in dismissing motions as successive because it lacked jurisdiction to rule on earlier motions during the pendency of direct appeals.
• Corner v. State
  218 So. 3d 922· Fla. 3d DCA· 2016-07-27 ·cited 4×
  Lawrence Corner appealed the trial court's denial of his motion to file a petition for writ of habeas corpus challenging his 2001 convictions for kidnapping and sexual battery. The court affirmed the denial, finding that Corner was attempting to use habeas corpus as a disguised r
• Kenitra Monae Casper v. State
  187 So. 3d 255· Fla. 1st DCA· 2016-02-10 ·cited 4×
• In re Johnson
  810 F.3d 1247· 11th Cir.· 2016-01-20 ·cited 4×
  Anthony Johnson sought authorization to file a second or successive § 2255 motion based on Johnson v. United States, but the Eleventh Circuit held his application in abeyance pending the Supreme Court's decision in Welch v. United States on whether Johnson announced a new retroac
• Conservation Alliance v. United States Dep't of Transp.
  S.D. Fla.· 2015-11-05 ·cited 4×
  The court held that the Federal Highway Administration's approval of a highway project using parkland was not arbitrary or capricious, as there was no feasible and prudent alternative and all possible planning was done to minimize harm.
• J.R. v. Palmer
  175 So. 3d 710· Fla.· 2015-05-14 ·cited 4×
  The Florida Supreme Court addresses certified questions from the Eleventh Circuit regarding statutory protections for developmentally disabled individuals involuntarily admitted to residential services under chapter 393. The Court holds that support plan review does not require c
• Zommer v. State
  160 So. 3d 368· Fla.· 2015-01-15 ·cited 4×
  Todd Zommer was convicted of first-degree murder and sentenced to death for killing a 77-year-old woman. On postconviction appeal, Zommer challenged his death sentence on multiple grounds, including claims of ineffective assistance of trial counsel and constitutional challenges t
• Marc v. Miller
  153 So. 3d 392· Fla. 1st DCA· 2014-12-17 ·cited 4×
  The court held that the prior denial of a habeas petition was not an adjudication on the merits, thus res judicata did not bar the current mandamus petition.
• Quinten Walden v. State
  162 So. 3d 84· Fla. 4th DCA· 2014-10-01 ·cited 4×
  The court granted habeas corpus relief, vacated the conviction, and remanded for a new trial because denying the petitioner the same remedy as in a prior, related case would be manifestly unjust.
• Mendoza v. Cross
  143 So. 3d 1155· Fla. 3d DCA· 2014-08-07 ·cited 4×
  The trial court erred by failing to make the necessary findings required by statute to justify pretrial detention, even after the defendant willfully violated a condition of release.
• Pierre v. State
  141 So. 3d 711· Fla. 4th DCA· 2014-07-02 ·cited 4×
  Wilson Pierre was convicted of second-degree murder after a jury instruction on the lesser included offense of manslaughter. On appeal in a habeas corpus petition, Pierre challenged his appellate counsel's ineffectiveness for failing to argue that the manslaughter instruction con
• Lopez v. State
  136 So. 3d 1265· Fla. 2d DCA· 2014-04-23 ·cited 4×
  Sergio Lopez challenges his second-degree murder conviction, arguing his appellate counsel was ineffective for failing to raise that the jury instruction on manslaughter by act was fundamentally erroneous. The court grants the petition, finding that the defective instruction viol
• Rolland A. Shultz v. State
  136 So. 3d 1232· Fla. 2d DCA· 2014-04-16 ·cited 4×
  Rolland Shultz appeals the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court reverses, finding that Shultz's 99-year sentence imposed upon probation revocation was illegal because, as a youthful offender, he could hav
• Mosley v. State
  134 So. 3d 1124· Fla. 4th DCA· 2014-02-05 ·cited 4×
• Tukes v. State
  115 So. 3d 1014· Fla. 4th DCA· 2013-02-13 ·cited 4×
  Damian Tukes appealed the summary denial of his habeas corpus petition challenging his 2004 robbery with a firearm conviction on the ground that jury instructions failed to require proof of the firearm element beyond a reasonable doubt. The Florida Fourth District Court of Appeal
• J.L.T. v. Dep't OF Juv. Just.
  104 So. 3d 1257· Fla. 2d DCA· 2013-01-09 ·cited 4×
  Six juveniles challenged their placement in home detention pending adjudicatory hearings, arguing their zero-point Risk Assessment Instrument (RAI) scores mandated release. The Florida Second District Court of Appeal upheld the detentions, holding that the RAI's exception for pro
• Desue v. Tucker
  100 So. 3d 151· Fla. 1st DCA· 2012-10-12 ·cited 4×
  The Florida Court of Appeal affirmed and expanded sanctions against a pro se litigant who violated a prior prohibition on filing pleadings in a specific case. The court barred the petitioner from all future pro se filings in the appellate court and referred him for disciplinary p
• Robinson v. State
  95 So. 3d 171· Fla.· 2012-07-12 ·cited 4×
  Timothy Robinson appeals his death sentences for first-degree murder, arguing trial counsel provided ineffective assistance during the penalty phase by failing to investigate and present available mitigating evidence. The Florida Supreme Court reversed the trial court's denial of
• Cooper v. State
  89 So. 3d 979· Fla. 1st DCA· 2012-05-08 ·cited 4×
  Jerome Anthony Cooper filed a habeas petition challenging his 30-year sentence imposed in 1988 as illegal under Hale v. State. The court denied the petition as barred by res judicata because Cooper had previously raised and had the same Hale claim rejected on the merits, and the
• Bush v. State
  74 So. 3d 130· Fla. 1st DCA· 2011-09-27 ·cited 4×
  Anthony Bush petitioned for habeas corpus to challenge a pretrial detention order entered after he had been admitted to bail at his first appearance hearing. The court held that the state's motion for pretrial detention, filed after bail was set, must satisfy the "good cause" req
• T.K.B. v. Stepheny Durham
  63 So. 3d 60· Fla. 1st DCA· 2011-05-18 ·cited 4×
  A child petitioner sought habeas corpus relief to challenge her secure detention pending a juvenile delinquency proceeding. The court granted the petition, finding that the Department of Juvenile Justice improperly scored the Risk Assessment Instrument (RAI) by awarding points fo
• Morel v. Sheldon
  59 So. 3d 1082· Fla.· 2011-01-21 ·cited 4×
  The Florida Supreme Court addressed whether Ronald Morel, held in pretrial detention for eight years pending a Jimmy Ryce Act civil commitment trial, had been subjected to unlawful detention due to failure to provide treatment and delay in proceedings. The Court relinquished juri
• Lamb v. McNEIL
  41 So. 3d 964· Fla. 4th DCA· 2010-07-28 ·cited 4×
  Jeffrey Lamb seeks habeas corpus relief claiming his appellate counsel provided ineffective assistance by relying on incomplete trial transcripts and failing to raise certain issues on direct appeal in his first-degree murder conviction. The Florida District Court of Appeal, Four
• In the Interest of E.K. v. Dep't of Child. & Fam. Servs. Ad Litem Program
  33 So. 3d 125· Fla. 2d DCA· 2010-04-28 ·cited 4×
  A father appealed the denial of his motion to set aside a termination of parental rights judgment based on ineffective assistance of counsel. The Florida appellate court affirmed the denial but highlighted a critical gap in Florida law: parents have a constitutional right to effe
• Lamont Asberry v. State
  32 So. 3d 718· Fla. 1st DCA· 2010-04-07 ·cited 4×
  Lamont Asberry was convicted of second-degree murder and appealed, with his conviction initially affirmed. On a subsequent petition for ineffective assistance of appellate counsel, the court found that his counsel failed to seek supplemental briefing on a newly decided precedent
• In re Commitment OF Joseph W. Finfrock. Joseph W. Finfrock v. Fla. Civil Commitment Ctr.
  28 So. 3d 983· Fla. 2d DCA· 2010-03-05 ·cited 4×
  The appellate court reversed a trial court's dismissal of a habeas corpus petition filed by a detainee awaiting involuntary civil commitment. The court held that the detainee's allegations of being placed in restrictive confinement as punishment for a disciplinary infraction stat
• Rigby v. State
  29 So. 3d 390· Fla. 5th DCA· 2010-03-02 ·cited 4×
• Franklin v. State
  25 So. 3d 645· Fla. 1st DCA· 2009-12-31 ·cited 4×
  The Florida Court of Appeal denied Leon Franklin Jr.'s petition for writ of habeas corpus challenging his 1995 convictions and sentences for first-degree murder and shooting into a dwelling, finding the petition frivolous and imposing sanctions limiting his ability to file pro se
• Bleiweiss v. State
  24 So. 3d 1215· Fla. 4th DCA· 2009-12-24 ·cited 4×
  The court held that denying counsel the opportunity to present argument at an Arthur hearing, after evidence was presented, violates due process.
• D.F. v. Housel
  10 So. 3d 694· Fla. 4th DCA· 2009-05-21 ·cited 4×
  D.F., a minor detained for assault with intent to do violence in a domestic violence context, petitioned for habeas corpus relief. The Florida appellate court granted the petition because, although the trial court's oral findings were supported by competent evidence, the applicab
• Jeanson Jacques v. State
  1 So. 3d 1112· Fla. 4th DCA· 2009-01-14 ·cited 4×
• M.A.M. v. Vurro
  2 So. 3d 388· Fla. 2d DCA· 2009-01-07 ·cited 4×
  M.A.M., a juvenile charged with misdemeanor domestic violence battery, sought habeas corpus relief from secure detention. The court held that Florida law limits secure detention to a total of 21 days from the first court detention hearing, and M.A.M.'s detention beyond that perio
• C.B. v. Dobuler
  997 So. 2d 463· Fla. 3d DCA· 2008-12-10 ·cited 4×
  The Florida Third District Court of Appeal granted a habeas petition from a juvenile (C.B.) who was ordered to secure detention by a trial judge for failure to appear at court hearings on misdemeanor charges, finding the detention violated statutory requirements. This was the twe
• Espinosa v. State
  997 So. 2d 1168· Fla. 3d DCA· 2008-12-10 ·cited 4×
  Juan Espinosa appealed the trial court's dismissal of his postconviction Rule 3.850 motion for lack of jurisdiction. The appellate court held that the trial court retained jurisdiction over the motion despite pending appeals in separate cases, but affirmed the dismissal on the me
• Wainwright v. State
  2 So. 3d 948· Fla.· 2008-11-26 ·cited 4×
  Anthony Floyd Wainwright, convicted of first-degree murder and sentenced to death for the murder of Carmen Gayheart, appealed a trial court's denial of his successive Rule 3.851 motion for post-conviction relief based on newly discovered evidence. The Florida Supreme Court affirm
• Zack v. Crosby
  607 F. Supp. 2d 1291· N.D. Fla.· 2008-11-17 ·cited 4×
  A new constitutional right recognized by the Supreme Court, even if retroactively applicable, only revives claims based on that specific right and does not revive previously time-barred claims.
• Romanes v. Sec'y, Dep't of Corr.
  621 F. Supp. 2d 1249· M.D. Fla.· 2008-11-14 ·cited 4×
  The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
• S.P. v. State
  985 So. 2d 651· Fla. 5th DCA· 2008-06-27 ·cited 4×
  A juvenile petitioner challenged her contempt sentence of forty-five days in secure detention imposed for five separate violations of court orders, arguing that consecutive detention periods violated Florida statutory limits on juvenile sentences. The Fifth District Court of Appe
• Burks v. McNEIL
  984 So. 2d 619· Fla. 1st DCA· 2008-06-16 ·cited 4×
  Reginald Burks challenged the Florida Department of Corrections' calculation of his sentence, arguing that applying the 1983 version of the gain-time statute to his 1981 offense violated the ex post facto clause. The court granted his petition, finding that the retroactive applic
• Ricketts v. Palm Beach Cnty. Sheriff
  985 So. 2d 591· Fla. 4th DCA· 2008-06-04 ·cited 4×
  Ricketts, detained on an ICE immigration hold despite posting bond on state charges, petitioned for habeas corpus relief. The Florida appellate court affirmed the trial court's denial, holding that the validity of federal immigration detainers is exclusively within federal jurisd
• Cepero v. Mascara
  981 So. 2d 671· Fla. 4th DCA· 2008-05-21 ·cited 4×
  Petitioner challenged a trial court's bond order setting bail at $270,000 for drug and racketeering charges. The appellate court granted the writ of habeas corpus, finding the bond amount unsupported by evidence of petitioner's ability to pay, though remanding for the trial court
• Dep't OF Child. & Families v. B.N. & State of Fla.
  979 So. 2d 1110· Fla. 4th DCA· 2008-04-09 ·cited 4×
  The court held that trial court orders compelling immediate placement of a juvenile for competency restoration services were improper and violated separation of powers, and that a juvenile whose detention hold expired should be released.
• Barnes v. State
  993 So. 2d 1012· Fla. 2d DCA· 2008-01-16 ·cited 4×
  James Barnes petitioned for postconviction relief arguing that his appellate counsel was ineffective for failing to raise that the trial court committed fundamental error by inserting the conjunction 'or' between his name and his codefendant's name in jury instructions on attempt
• Bedford v. State
  970 So. 2d 935· Fla. 4th DCA· 2008-01-02 ·cited 4×
  Mark Bedford appeals the summary denial of his rule 3.850 postconviction motion challenging a conviction for delivery of a counterfeit controlled substance, arguing the conviction constitutes fundamental error because he was convicted of an uncharged crime. The Fourth District af