Habeas Corpus

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

• Brumit v. State
  971 So. 2d 205· Fla. 4th DCA· 2007-12-31 ·cited 4×
  Jody Brumit petitioned for habeas corpus relief after her conviction for aggravated child abuse was reversed on direct appeal and remanded for resentencing on the lesser offense of child abuse. The court granted her petition, holding that her similarly situated co-defendant Festa
• State v. Overton
  970 So. 2d 359· Fla. 3d DCA· 2007-10-03 ·cited 4×
  The State appeals a trial court's decision to vacate its own dismissal of Overton's post-conviction relief motion and transfer it to a different judicial circuit. The court affirms, holding that the trial court lacked subject matter jurisdiction to rule on the motion in the first
• Spaulding v. State
  965 So. 2d 350· Fla. 4th DCA· 2007-09-26 ·cited 4×
  The court held that the trial court had jurisdiction to prosecute the RICO offense, affirming the denial of the habeas corpus petitions.
• Jones v. Walker
  496 F.3d 1216· 11th Cir.· 2007-08-22 ·cited 4×
  The Eleventh Circuit reversed the district court's denial of habeas corpus relief, finding that the appellant, Melvin C. Jones, was denied his Sixth Amendment right to counsel. The court held that Jones did not "clearly and unequivocally" assert his right to self-representation,
• A.R. v. Dobuler
  960 So. 2d 793· Fla. 3d DCA· 2007-06-18 ·cited 4×
• Albritton v. White
  948 So. 2d 852· Fla. 2d DCA· 2007-01-31 ·cited 4×
  The trial court's blanket policy requiring personal appearance at arraignments, overriding the rule allowing written pleas, arbitrarily denied the defendant a privilege afforded by the rule.
• Andreas Obojes v. State
  946 So. 2d 602· Fla. 1st DCA· 2006-12-29 ·cited 4×
  Andreas Obojes appealed the denial of his habeas corpus petition challenging his 1990 armed sexual battery conviction and 40-year departure sentence. The court affirmed the denial and imposed sanctions prohibiting Obojes from filing further pro se pleadings challenging his convic
• D.M. v. Dobuler
  947 So. 2d 504· Fla. 3d DCA· 2006-12-06 ·cited 4×
  Juvenile detainees challenge Miami-Dade's detention hearing procedures, alleging they were denied hearings within 24 hours of custody as required by Florida law. The court agrees, holding that Florida Statutes section 985.215(2) mandates detention hearings within 24 hours of when
• Basil Andrews v. Johnson
  941 So. 2d 494· Fla. 1st DCA· 2006-11-07 ·cited 4×
  Florida appellate court quashed an order committing an incompetent defendant to the state hospital because the trial court found it improbable he would regain competency, which contradicts the statutory requirement for commitment under Fla. Stat. § 916.13(1)(c).
• Porter v. State
  940 So. 2d 579· Fla. 1st DCA· 2006-10-30 ·cited 4×
  Tyler Porter appealed his conviction for violating probation after successfully completing a youthful offender boot camp. The appellate court reversed the trial court's denial of his habeas corpus petition, finding that Porter was entitled to immediate release because his current
• MacFARLAND v. State
  929 So. 2d 549· Fla. 5th DCA· 2006-04-07 ·cited 4×
  MacFarland appeals the denial of his post-conviction motion for relief based on newly discovered evidence. He claims that John Wright's affidavit exonerating him of armed burglary should justify withdrawal of his nolo contendere plea. The court affirmed the denial, finding the cl
• Chandler v. Crosby
  454 F. Supp. 2d 1137· M.D. Fla.· 2006-02-08 ·cited 4×
  The court denied Petitioner Oba Chandler’s Petition for Writ of Habeas Corpus, finding his claims regarding ineffective assistance of counsel did not meet the AEDPA standards for relief.
• G.L. v. State
  917 So. 2d 342· Fla. 5th DCA· 2005-12-23 ·cited 4×
  G.L., a juvenile convicted of marijuana possession, petitioned for habeas corpus relief challenging his placement in Restrictiveness Level Six despite the Department of Juvenile Justice's recommendation for probation. The court denied the petition without prejudice due to an inad
• Dywayne Tony Wilson v. State
  916 So. 2d 975· Fla. 5th DCA· 2005-12-23 ·cited 4×
  The court held that the petitioner's current petition for habeas corpus is procedurally barred and frivolous, and therefore, future pro se filings concerning the specific case will be prohibited.
• K.T.E. v. Lofthiem
  915 So. 2d 767· Fla. 2d DCA· 2005-12-09 ·cited 4×
  The trial court erred in ordering a juvenile into secure detention without making a specific finding of significantly changed circumstances as required by statute.
• Gerrard L. Simmons v. State
  915 So. 2d 732· Fla. 2d DCA· 2005-12-07 ·cited 4×
  Trial court lacked authority to sua sponte revoke pretrial release and increase bond without State application or notice; habeas corpus petition granted and original bond reinstated.
• O.L. Raulerson v. Mitchell
  916 So. 2d 891· Fla. 4th DCA· 2005-11-09 ·cited 4×
  Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
• Barnes v. Crosby
  909 So. 2d 534· Fla. 2d DCA· 2005-08-31 ·cited 4×
  The appellate court affirmed the dismissal of the habeas corpus petition, even though the trial court lacked jurisdiction, because the petition was an improper substitute for a postconviction motion.
• Sterling Childers v. State
  909 So. 2d 462· Fla. 4th DCA· 2005-08-24 ·cited 4×
  The court held that a petition for writ of habeas corpus should be redesignated as a motion for postconviction relief under Rule 3.850, and that the appellant's argument regarding consecutive habitual offender sentences was without merit.
• Hayes v. State
  896 So. 2d 974· Fla. 5th DCA· 2005-04-01 ·cited 4×
  The appellate court reversed the trial court's summary denial of a habeas petition seeking permission to file a belated post-conviction relief motion, finding the trial court misunderstood which sentence was at issue and failed to address whether the doctrine of laches barred the
• Collins v. Hendrickson
  371 F. Supp. 2d 1326· M.D. Fla.· 2005-01-26 ·cited 4×
  The Florida Parole Commission violated Petitioner's due process rights by disregarding a hearing examiner's factual findings and substituting its own in revoking his control release.
• Griffin v. McRAY
  890 So. 2d 341· Fla. 3d DCA· 2004-12-14 ·cited 4×
  Trial court lacked authority to sua sponte revoke pretrial release and increase bond without state motion and proper notice; habeas corpus granted and petitioner restored to original release conditions.
• Flowers v. State
  889 So. 2d 123· Fla. 4th DCA· 2004-11-24 ·cited 4×
  A defendant may be entitled to file a belated motion for post-conviction relief if their attorney frustrates their intention to file such a motion in a timely fashion.
• Hernandez v. McCRAY
  879 So. 2d 60· Fla. 3d DCA· 2004-07-23 ·cited 4×
  Pedro Juan Hernandez petitioned for a writ of habeas corpus challenging his detention based on a positive drug test ordered by the trial judge without legal justification. The Florida District Court of Appeal granted the petition, finding the drug test was ordered without probabl
• R. B. v. Adonis Miles
  871 So. 2d 949· Fla. 2d DCA· 2004-03-31 ·cited 4×
  A juvenile cannot be held in secure detention for more than twenty-one days by stacking detention periods consecutively.
• Duckworth v. Dep't OF Corr. & Fla. Parole Comm'n
  867 So. 2d 550· Fla. 1st DCA· 2004-02-27 ·cited 4×
  The circuit court erred by denying Duckworth's habeas corpus petition without an order to show cause where he adequately alleged that the hearing examiner failed to subpoena two material witnesses for his conditional release revocation hearing.
• Crow v. State
  866 So. 2d 1257· Fla. 1st DCA· 2004-02-19 ·cited 4×
  Thomas Crow, convicted of first-degree murder in 1985, appealed a trial court's order summarily denying his motion for postconviction DNA testing. The court held that Rule 3.853 is a valid exercise of judicial authority and that Crow's motion was sufficient to warrant a hearing,
• Lavin v. State
  861 So. 2d 488· Fla. 4th DCA· 2003-12-03 ·cited 4×
  Appellate counsel is not ineffective for failing to order transcripts of hearings when the petitioner has not alleged specific errors that occurred during the untranscribed portions of the record.
• Brown v. Crosby
  249 F. Supp. 2d 1285· S.D. Fla.· 2003-03-19 ·cited 4×
  The Court found that the Petitioner's waiver of his Miranda rights was not knowing and intelligent due to his severe intellectual deficits, and therefore his confession should have been suppressed.
• Hawn v. State
  840 So. 2d 352· Fla. 5th DCA· 2003-02-28 ·cited 4×
  Christopher Hawn appealed the summary denial of his second Rule 3.800(a) motion seeking to correct his 1988 conviction for burglary and sexual battery. The court affirmed the denial, finding Hawn's claims were successive, already rejected on the merits in prior proceedings, and p
• Reaves v. Crosby
  837 So. 2d 396· Fla.· 2003-01-09 ·cited 4×
  William Reaves, a death row inmate, petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The Florida Supreme Court denied the petition, finding that Reaves' claims either involved variants of issues already decided on direct appeal or were
• Waterhouse v. Moore
  838 So. 2d 480· Fla.· 2002-11-21 ·cited 4×
  Robert Brian Waterhouse, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, asserting four claims of ineffective assistance of appellate counsel relating to his 1980 first-degree murder conviction and death sentence. The Court denied the petitio
• Peacock v. State
  798 So. 2d 909· Fla. 5th DCA· 2001-11-09 ·cited 4×
  Dana Peacock appeals the trial court's revocation of his supersedeas bond after his conviction for sexual offenses involving minors. The appellate court found that Peacock was not intentionally or willfully violating the electronic monitoring condition when he was released from j
• DAY v. Moore
  785 So. 2d 699· Fla. 1st DCA· 2001-05-21 ·cited 4×
• Wilson v. Moore
  782 So. 2d 865· Fla.· 2001-03-22 ·cited 4×
  Jerry L. Wilson sought habeas corpus relief challenging the forfeiture of his prison gain time credits upon revocation of his control release. The Florida Supreme Court denied the petition, holding that Wilson waived any ex post facto claims by voluntarily accepting early release
• AMENDMENTS TO FLA. RULES OF CRIM. PROCEDURE 3.851
  772 So. 2d 512· Fla.· 2000-05-17 ·cited 4×
  The Florida Supreme Court proposes amendments to Rules of Criminal Procedure 3.851, 3.852, and 3.993 governing capital postconviction relief procedures and public records production in death penalty cases. The amendments streamline the collateral relief process, establish procedu
• Morrison v. State
  764 So. 2d 649· Fla. 1st DCA· 2000-05-08 ·cited 4×
  The court held that appellate counsel was not ineffective for failing to raise the issue of the trial court's alleged violation of Florida Rule of Criminal Procedure 3.410.
• Marese Barnes v. State
  779 So. 2d 366· Fla. 2d DCA· 2000-04-28 ·cited 4×
  Marese Barnes petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to challenge his violent career criminal sentence on constitutional grounds. The court granted relief, finding that appellate counsel's failure to raise a viable
• MacARTHUR v. Moore
  756 So. 2d 232· Fla. 3d DCA· 2000-04-26 ·cited 4×
  The petition for writ of habeas corpus is denied because it was untimely filed and petitioner did not allege he was affirmatively misled by counsel.
• Rogers v. State
  752 So. 2d 657· Fla. 2d DCA· 2000-01-19 ·cited 4×
  The court denied Rogers' petition for a belated appeal from the denial of a postconviction motion due to ineffective assistance of postconviction counsel, but certified a question of great public importance to the Florida Supreme Court regarding whether ineffective postconviction
• Williams v. Moore
  752 So. 2d 574· Fla.· 2000-01-13 ·cited 4×
  George Williams petitioned the Florida Supreme Court for a writ of habeas corpus seeking overcrowding credits under Lynce v. Mathis and Gomez v. Singletary. The court held that individualized factual determinations regarding credit eligibility are better suited for circuit courts
• S.C. v. A.L.A. and R.D.
  736 So. 2d 744· Fla. 4th DCA· 1999-06-23 ·cited 4×
  The Florida Fourth District Court of Appeal affirmed the trial court's order excusing a biological father's consent to adoption and denying his habeas corpus petition regarding custody. The court rejected the father's due process challenge and upheld the finding of abandonment un
• Green v. State
  727 So. 2d 349· Fla. 5th DCA· 1999-02-19 ·cited 4×
  Moses Green, a former juvenile offender, appealed the denial of his habeas corpus petition challenging his 1991 plea to second-degree murder. The court affirmed, holding that Green's claims were barred by the two-year statute of limitations for Rule 3.850 motions and could not be
• Nazworth v. State
  715 So. 2d 1061· Fla. 5th DCA· 1998-07-31 ·cited 4×
  Defendant's rule 3.850 motion for postconviction relief based on ineffective assistance of counsel for failing to file a direct appeal was affirmed, but the court allowed him to pursue a habeas corpus petition for a belated appeal if he could allege a timely request for appeal.
• Brown v. State
  711 So. 2d 236· Fla. 5th DCA· 1998-05-29 ·cited 4×
  Brown petitioned for a writ of habeas corpus seeking a belated appeal of his 1995 convictions for aggravated battery with a firearm and attempted first degree murder, alleging his trial attorney failed to file an appeal he requested. The court granted the petition, finding the tw
• Harris v. State
  711 So. 2d 1220· Fla. 5th DCA· 1998-05-08 ·cited 4×
  Harris's petition for a writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel was denied because the jurisdictional issue he claimed should have been raised on appeal was not preserved at trial.
• M.A. v. State
  708 So. 2d 332· Fla. 3d DCA· 1998-04-07 ·cited 4×
• G.S. v. State
  709 So. 2d 122· Fla. 5th DCA· 1998-03-06 ·cited 4×
  Four juveniles on community control were found in indirect contempt for violating their orders and placed in secure detention. They petitioned for habeas corpus, arguing the court abused its discretion. The court upheld the contempt findings and detention, holding that Florida la
• Mattern v. Fla. Parole Comm'n
  707 So. 2d 806· Fla. 4th DCA· 1998-02-18 ·cited 4×
  The appellate court affirmed the denial of a habeas corpus petition, ruling that the appellant failed to demonstrate due process violations or prejudice in his parole revocation hearings. The court clarified the due process requirements for both preliminary and final parole revoc
• Edwards v. State
  705 So. 2d 943· Fla. 5th DCA· 1998-01-09 ·cited 4×
  Zachary Edwards sought habeas corpus relief, arguing his release from prison due to earned gain time extinguished the remainder of his sentence and therefore his placement on conditional release was improper. The court held that while Edwards' inclusion under conditional release