Habeas Corpus

18,787 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Carey v. Dep't of Corr.
  57 F.4th 985· 11th Cir.· 2023-01-17 ·cited 3×
  Trial counsel did not provide ineffective assistance by requesting jury instructions on lesser included offenses, and the claim of insufficient evidence is procedurally barred.
• Martinez v. Jones
  348 So. 3d 1234· Fla. 3d DCA· 2022-10-14 ·cited 3×
  Jasmine Martinez petitioned for a writ of habeas corpus challenging the trial court's denial of her pretrial bond motion following an Arthur hearing on charges of first-degree premeditated murder, attempted murder, and conspiracy to commit murder. The appellate court affirmed the
• Morgan v. Warden, FCC Coleman - Low
  2020 WL 6731234· M.D. Fla.· 2022-04-15 ·cited 3×
  The court held that a federal inmate cannot use a § 2241 petition to challenge the validity of his sentence when the narrow grounds for such a challenge are not met.
• MEL O. Firsher v. Moody
  Fla. 3d DCA· 2021-09-01 ·cited 3×
  Habeas corpus is not available to obtain collateral postconviction relief that should be pursued through rule 3.850 motions or for successive filings raising issues already litigated.
• Garcia v. Junior
  325 So. 3d 220· Fla. 3d DCA· 2021-07-14 ·cited 3×
  Alex Garcia, a 16-year-old with a learner's permit, was charged with four counts of DUI manslaughter after driving his mother's vehicle at excessive speeds and causing a fatal crash that killed four occupants of another vehicle. The trial court ordered pretrial detention, and Gar
• Cleve Alexis Frederick v. State
  301 So. 3d 354· Fla. 2d DCA· 2021-05-21 ·cited 3×
  The appellate court reviewed a trial court's order denying a motion to modify bail conditions, specifically GPS monitoring costs. The court converted the petition to a writ of habeas corpus and ultimately denied relief, finding no abuse of discretion by the trial court.
• Zuberlon Lenard Williams v. State
  Fla. 1st DCA· 2020-11-04 ·cited 3×
  The court granted a petition for writ of habeas corpus, vacating a prior sentence. The petitioner argued his sentence was improperly based on a prior felony conviction for which he did not serve state prison time, a situation later clarified by the Florida Supreme Court.
• Banks v. Desantis
  2020 WL 4464717· S.D. Fla.· 2020-08-10 ·cited 3×
  A federal district court lacks jurisdiction over a habeas corpus petition filed under 28 U.S.C. § 2241 if the petitioner is not confined within that district.
• Flaherty v. State
  266 So. 3d 1187· Fla. 4th DCA· 2019-03-27 ·cited 3×
  Appellate counsel is ineffective when failing to raise on direct appeal a trial court's failure to conduct a competency hearing after ordering a competency evaluation, which constitutes fundamental error.
• Rangel v. State
  260 So. 3d 578· Fla. 3d DCA· 2019-01-25 ·cited 3×
  A trial court must accept a defendant's written waiver of presence and cannot issue an alias capias and estreature of bond to compel attendance when such waiver is properly submitted.
• Lenist Key v. State
  254 So. 3d 1000· Fla. 4th DCA· 2018-09-05 ·cited 3×
  Lenist Key petitioned alleging ineffective assistance of appellate counsel for failing to challenge habitual felony offender (HFO) and habitual violent felony offender (HVFO) designations imposed at sentencing. The Fourth District Court of Appeal granted the petition in part, hol
• D.F. v. State
  248 So. 3d 1232· Fla. 5th DCA· 2018-06-05 ·cited 3×
  The Florida District Court of Appeal, Fifth District, granted D.F.'s petition for writ of habeas corpus, finding that the State failed to present substantial, competent evidence to justify his involuntary Baker Act commitment. The court held that a patient's preference for pre-pa
• England Thames v. State
  230 So. 3d 566· Fla. 2d DCA· 2017-10-27 ·cited 3×
  England Thames petitioned for post-conviction relief claiming his appellate counsel was ineffective for failing to raise a jury instruction error regarding a missing 'knowingly' element in a drug trafficking charge. The Florida Second District Court of Appeal denied the petition,
• Caylor v. State
  218 So. 3d 416· Fla.· 2017-05-18 ·cited 3×
  Matthew Lee Caylor was convicted of first-degree murder and sentenced to death for the 2008 murder of 13-year-old Melinda Hinson. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that Florida's death penalty scheme as applied to Caylor vio
• Guerry Wayne HERTZ v. Jones
  218 So. 3d 428· Fla.· 2017-05-18 ·cited 3×
  Hertz petitions for habeas corpus relief from his death sentence for two murders committed during a home invasion, robbery, and arson in 1997. The Florida Supreme Court grants relief, vacating his death sentence and remanding for a new penalty phase because his jury's 10-2 recomm
• A.P. v. State
  215 So. 3d 662· Fla. 5th DCA· 2017-04-27 ·cited 3×
  The trial court erred by failing to follow statutory and rule-based procedures for indirect criminal contempt, thus violating due process.
• Castillo v. State
  213 So. 3d 930· Fla. 4th DCA· 2017-03-15 ·cited 3×
  Appellate counsel was ineffective for failing to argue that the two predicate incidents did not meet the statutory definition of a "pattern of racketeering activity" because they occurred more than five years apart.
• Page v. State
  201 So. 3d 207· Fla. 5th DCA· 2016-09-30 ·cited 3×
  Jonathan Page seeks habeas corpus relief after being convicted of second-degree murder in 2010 using a fundamentally flawed jury instruction on manslaughter by act. The Florida Supreme Court later determined in Montgomery that this instruction was erroneous because it incorrectly
• Maher v. Junior
  198 So. 3d 949· Fla. 3d DCA· 2016-08-04 ·cited 3×
  Michael Maher petitioned for a writ of habeas corpus challenging his detention on a $100,000 bail pending an indirect criminal contempt hearing. The Florida District Court of Appeal granted the writ and ordered his immediate release, finding the trial court violated contempt proc
• Corner v. State
  218 So. 3d 922· Fla. 3d DCA· 2016-07-27 ·cited 3×
  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
• Davis v. State
  197 So. 3d 615· Fla. 5th DCA· 2016-07-15 ·cited 3×
  Florida appellate court granted habeas corpus petition where juries convicted defendant of robbery with a firearm but made special findings he did not possess a firearm, creating an inconsistent verdict that constituted manifest injustice.
• Robinson v. State
  201 So. 3d 666· Fla. 3d DCA· 2016-06-10 ·cited 3×
  Phyllis Robinson petitioned for a writ of certiorari and habeas corpus after being denied a post-conviction supersedeas bond pending her appeal from a conviction for resisting a law enforcement officer without violence. The Florida Third District Court of Appeal granted her motio
• Farina v. State
  191 So. 3d 454· Fla.· 2016-05-12 ·cited 3×
  Anthony Farina seeks review of a trial court order dismissing his motion for a new trial based on newly discovered evidence of alleged juror misconduct. The Florida Supreme Court holds that motions alleging newly discovered evidence should not be dismissed as premature merely bec
• Tai A. Pham v. State
  177 So. 3d 955· Fla.· 2015-11-05 ·cited 3×
  Tai Pham appealed the circuit court's denial of his motion to vacate his death sentence filed under Florida Rule of Criminal Procedure 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower court's denial of postconviction relief and denied
• Stevenland Dwayne Davis v. State
  162 So. 3d 326· Fla. 3d DCA· 2015-03-25 ·cited 3×
  Davis petitioned for habeas corpus, claiming his appellate counsel was ineffective for failing to raise on direct appeal the trial court's denial of his request for self-representation. The court held that because Davis's request was untimely (made mid-trial) and the trial court
• Challis v. State
  157 So. 3d 393· Fla. 2d DCA· 2015-01-30 ·cited 3×
  Steven Challis challenged his 100-year sentence for drug trafficking on the grounds that his appellate counsel was ineffective for failing to argue that the trial court committed fundamental error by speculating during sentencing that his drug trafficking probably caused 10-20 de
• M.M. v. Wood
  152 So. 3d 1280· Fla. 1st DCA· 2015-01-06 ·cited 3×
  M.M. petitioned for habeas corpus relief, arguing she was unlawfully held in secure detention beyond the five-day period mandated by Florida Statute § 985.27(1)(a) without a timely court order extending her detention. The court dismissed the petition as moot because M.M. had been
• Molina v. State
  150 So. 3d 1280· Fla. 3d DCA· 2014-11-26 ·cited 3×
  Felix Molina sought habeas corpus relief based on ineffective assistance of appellate counsel for failing to raise an erroneous jury instruction on manslaughter by act that mirrored the defect identified in State v. Montgomery. The court granted the petition, finding both that th
• McCROAN v. State of Fla. (N.F.E.T.C.)
  148 So. 3d 548· Fla. 1st DCA· 2014-10-16 ·cited 3×
  McCroan was found incompetent to proceed and subsequently adjudicated not guilty by reason of insanity by the trial court. The appellate court reversed and remanded, but the trial court again entered a similar order on remand, prompting McCroan's motion to enforce the mandate. Th
• J.E.P. v. State
  130 So. 3d 764· Fla. 2d DCA· 2014-01-24 ·cited 3×
  J.E.P., a juvenile, appealed multiple orders including denial of a habeas corpus petition alleging ineffective assistance of counsel and unknowing plea. The appellate court affirmed orders regarding adjudication and probation violation but reversed the denial of the habeas corpus
• Fields v. State
  126 So. 3d 382· Fla. 4th DCA· 2013-10-30 ·cited 3×
  The court held that a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel was legally insufficient because it failed to provide specific facts and references to the record, and thus it was dismissed.
• Heath v. Sec'y, Fla. Dep't OF Corr.
  717 F.3d 1202· 11th Cir.· 2013-06-11 ·cited 3×
  Ronald Palmer Heath, a Florida death row inmate, challenged his capital conviction and death sentence on federal habeas review, arguing that the Sixth and Fifth Amendments required that aggravating circumstances be specified in the indictment and found by a grand jury. The Eleven
• Santiago v. Ryan
  109 So. 3d 848· Fla. 3d DCA· 2013-03-11 ·cited 3×
  A court may revoke pretrial release and order detention under section 903.0471, Florida Statutes, when a defendant commits new crimes after bond has been set for previous offenses but before release from jail.
• T.J.S. v. Adonis Miles
  96 So. 3d 1104· Fla. 2d DCA· 2012-09-05 ·cited 3×
  T.J.S., a juvenile on probation, was detained in secure custody after being classified as an "absconder" under Florida's Risk Assessment Instrument (RAI), which added ten points to her detention score. The court upheld the absconder classification and secure detention order, inte
• Hosea T. Blackwell v. State
  65 So. 3d 1211· Fla. 2d DCA· 2011-08-03 ·cited 3×
  The court held that the denial of the motion to correct illegal sentence was improper because the claim was not previously decided on the merits and was therefore not successive, but the claim was facially insufficient.
• Hashem v. State
  61 So. 3d 1290· Fla. 3d DCA· 2011-06-01 ·cited 3×
• Jones v. McNeil
  776 F. Supp. 2d 1323· S.D. Fla.· 2011-03-07 ·cited 3×
  The court denied the Petition for Writ of Habeas Corpus, finding that the claims were either procedurally barred, meritless, or not contrary to clearly established federal law.
• Brooks v. State
  54 So. 3d 1069· Fla. 4th DCA· 2011-02-23 ·cited 3×
  The Fourth District Court of Appeal upheld the trial court's assessment of victim injury points for sexual contact in the sentencing of David Brooks, who pleaded no contest to attempted sexual battery and lewd or lascivious molestation of his biological daughter under age twelve.
• Perry v. Ric Bradshaw
  43 So. 3d 180· Fla. 4th DCA· 2010-09-15 ·cited 3×
  A dissenting opinion argues that Florida Rule of Criminal Procedure 3.133(b) should not prohibit a finding of probable cause based on hearsay alone at an adversary preliminary hearing, disagreeing with a prior interpretation.
• State v. S.S.
  40 So. 3d 6· Fla. 4th DCA· 2010-06-16 ·cited 3×
  The State appealed a trial court order vacating a juvenile's no-contest plea and setting aside her judgment and sentence. The appellate court found it lacked statutory jurisdiction to hear the State's direct appeal but treated it as a petition for writ of certiorari, which it den
• Duckett v. McDonough
  701 F. Supp. 2d 1245· M.D. Fla.· 2010-03-25 ·cited 3×
  The court held that the petitioner's claims lacked merit and the petition for writ of habeas corpus would be denied.
• Guzman v. Sec'y, Dep't of Corr.
  698 F. Supp. 2d 1317· M.D. Fla.· 2010-03-17 ·cited 3×
  The court granted in part and denied in part the petition for habeas corpus relief, finding merit in Giglio and Brady claims regarding false testimony and withholding of evidence.
• Tate v. State
  32 So. 3d 657· Fla. 1st DCA· 2010-03-03 ·cited 3×
  The Florida District Court of Appeal denied James Tate's petition for writ of habeas corpus and imposed sanctions limiting his right to file future pro se pleadings without attorney representation. The court found that Tate had engaged in abusive litigation by filing numerous rep
• Carbajal v. State
  28 So. 3d 187· Fla. 2d DCA· 2010-02-24 ·cited 3×
  David Carbajal challenged his 2002 drug conviction via a postconviction motion arguing the circuit court lacked jurisdiction because the Statewide Prosecutor was without authority to prosecute crimes occurring in a single judicial circuit. The Florida District Court of Appeal aff
• Espinal v. Ryan
  31 So. 3d 818· Fla. 3d DCA· 2010-01-26 ·cited 3×
  Marcos Espinal seeks habeas relief after his bond was revoked and an alias capias issued because he arrived fifteen minutes late to a scheduled court appearance. The court grants the petition, finding the tardiness was unintentional and minimal, and that depriving Espinal of libe
• Werdell v. State
  16 So. 3d 875· Fla. 2d DCA· 2009-06-24 ·cited 3×
  The court held that the petitioner's numerous filings were frivolous and denied his petition for writ of habeas corpus, while also restricting future pro se filings.
• Allen v. State
  16 So. 3d 152· Fla. 3d DCA· 2009-06-17 ·cited 3×
  Derrick Allen, a death row inmate, filed his twentieth postconviction petition challenging his 2000 convictions for multiple violent crimes. The Third District Court of Appeal prohibited Allen from filing further pro se pleadings related to his case, finding that his pattern of f
• S.B. v. Parkins
  10 So. 3d 207· Fla. 1st DCA· 2009-04-16 ·cited 3×
  A minor child petitioned for habeas corpus relief after being held in secure detention beyond the statutory 21-day limit without an adjudicatory hearing having commenced. The Florida appellate court granted the writ, holding that the trial court lacked statutory authority to exte
• Curry v. State
  7 So. 3d 633· Fla. 3d DCA· 2009-04-15 ·cited 3×
  The appellate court affirmed the trial court's order denying the petition for writ of habeas corpus, clarifying that the denial was without prejudice.
• Chay Alexander v. Broward Cnty. Sheriff's Off. & Al Lamberti
  6 So. 3d 707· Fla. 4th DCA· 2009-04-01 ·cited 3×
  The Fourth District Court of Appeal granted habeas corpus relief and reduced an excessive bond of $1,251,100 for a defendant charged with drug trafficking offenses, finding the amount unreasonable given his modest income, lack of assets, community ties, and no flight risk.