Habeas Corpus

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

• Johnson v. State
  3 So. 3d 426· Fla. 4th DCA· 2009-02-18 ·cited 3×
• Batista v. State
  993 So. 2d 93· Fla. 5th DCA· 2008-10-10 ·cited 3×
  While jurisdiction may lie in Orange County, the petition was properly dismissed as an improper, successive, and time-barred collateral attack on the conviction and sentence.
• Jefferson v. Fla. Parole Comm'n
  982 So. 2d 743· Fla. 2d DCA· 2008-04-30 ·cited 3×
  Gregory Jefferson petitioned for a writ of certiorari challenging the Florida Parole Commission's revocation of his conditional release supervision. The court held that Jefferson's state sentence was coterminous with his federal sentence and therefore ended upon his release from
• Sutton v. Fla. Parole Comm'n
  975 So. 2d 1256· Fla. 4th DCA· 2008-03-12 ·cited 3×
  A prisoner challenges the Florida Parole Commission's denial of credit for time spent in civil confinement under the Jimmy Ryce Act (JRA) against his 15-year criminal sentence. The court holds that the prisoner is entitled to have the JRA confinement time counted against his sent
• Forisso v. State
  968 So. 2d 677· Fla. 4th DCA· 2007-11-14 ·cited 3×
  Court affirmed the summary denial of defendant's rule 3.850 post-conviction relief motion because he failed to clearly articulate how trial counsel was ineffective regarding a double jeopardy motion to dismiss, and held that ineffective assistance of appellate counsel claims must
• Cooper v. State
  970 So. 2d 368· Fla. 3d DCA· 2007-10-17 ·cited 3×
  The denial of the petition for a writ of habeas corpus is affirmed, but without prejudice to refile in the proper venue and form.
• Abusaid v. Hillsborough Cnty. BD.
  637 F. Supp. 2d 1002· M.D. Fla.· 2007-09-06 ·cited 3×
  The court found that Plaintiff had standing to challenge specific permitting provisions of the Ordinance for lack of circumscribed time and limitless discretion, but not other constitutional claims.
• Starling v. Fla. Parole Comm'n
  959 So. 2d 753· Fla. 1st DCA· 2007-04-19 ·cited 3×
• Horton v. State
  943 So. 2d 859· Fla. 1st DCA· 2006-11-08 ·cited 3×
  Horton sought habeas corpus and certiorari relief challenging the Department of Corrections' authority to forfeit gain-time credits he earned before his initial release, even though the trial court awarded him credit for time served in a plea agreement for probation violation. Th
• Corrie Kelly v. State
  939 So. 2d 1150· Fla. 5th DCA· 2006-10-19 ·cited 3×
  Court granted habeas corpus petition and ordered trial court to conduct pretrial release hearing because state failed to file motion for pretrial detention as required by Florida Rule of Criminal Procedure 3.132.
• Thomas v. McDonough
  2006 U.S. Dist. LEXIS 68770· M.D. Fla.· 2006-09-25 ·cited 3×
  The court held that attorney negligence or miscalculation does not constitute extraordinary circumstances for equitable tolling of the one-year federal habeas limitations period, and petitioners are responsible for timely filing.
• Holmes v. State
  933 So. 2d 1205· Fla. 2d DCA· 2006-06-30 ·cited 3×
  Ronald Holmes, a homeless man, was detained for 60 days in jail pending trial on a municipal ordinance violation (panhandling without a permit). The court granted his habeas corpus petition because he had already served the maximum possible sentence for the offense before guilt w
• Grossman v. Crosby
  359 F. Supp. 2d 1233· M.D. Fla.· 2005-01-31 ·cited 3×
  The court denied Petitioner Martin E. Grossman's amended petition for a writ of habeas corpus.
• Goudie v. United States
  323 F. Supp. 2d 1320· S.D. Fla.· 2004-06-21 ·cited 3×
  John Goudie was indicted on four counts of conspiracy and money laundering in 1997, convicted after a ten-week jury trial in December 1998, and sentenced to 60 months imprisonment in May 1999. The Eleventh Circuit affirmed his conviction and sentence in July 2002. Goudie filed a
• Hughes v. Eleventh Judicial Circuit of Florida
  274 F. Supp. 2d 1334· S.D. Fla.· 2003-08-05 ·cited 3×
  Federal law governing pilot qualifications and capacity to operate commercial aircraft in interstate commerce preempts state criminal laws, and therefore, the state lacks jurisdiction to prosecute federally certified pilots for operating an aircraft while under the influence of a
• Kelley v. Singletary
  222 F. Supp. 2d 1357· S.D. Fla.· 2002-09-19 ·cited 3×
  The court held that the state's suppression of exculpatory and impeachment evidence, including information about John Sweet's immunity deal and the transcript of his first trial, constituted a Brady violation that undermined confidence in the verdict.
• M.W. the Mother of J.W. v. Dep't of Child. & Families
  792 So. 2d 1241· Fla. 1st DCA· 2001-08-30 ·cited 3×
  The appellate court reversed the trial court's summary denial of a habeas corpus petition and remanded for the trial court to properly consider the mother's request for a belated appeal in a parental rights termination case, requiring findings of fact on entitlement to the belate
• Maggard v. State
  790 So. 2d 506· Fla. 5th DCA· 2001-06-22 ·cited 3×
  John Maggard, a death-row inmate, sought review of his third Rule 3.850 post-conviction motion alleging perjured testimony by a prosecution witness. The court affirmed the trial court's denial and imposed sanctions barring Maggard from filing further pro se pleadings without atto
• Fisher v. Moore
  789 So. 2d 431· Fla. 4th DCA· 2001-06-20 ·cited 3×
• Najjar v. Reno
  97 F. Supp. 2d 1329· S.D. Fla.· 2000-05-31 ·cited 3×
  The court held that it had jurisdiction to review the petitioner's habeas corpus petition challenging his detention without bond, as the bond redetermination was a separate proceeding from the final order of deportation. The court vacated the bond redetermination decisions and re
• Stokes v. State
  756 So. 2d 1100· Fla. 4th DCA· 2000-05-03 ·cited 3×
• Mayers v. Reno
  977 F. Supp. 1457· S.D. Fla.· 1997-08-25 ·cited 3×
  Federal district courts lack subject matter jurisdiction to review final orders of deportation for aliens deportable due to certain criminal offenses, as AEDPA and IIRIRA have divested such jurisdiction, including habeas corpus review.
• Mozell Fleming v. State
  697 So. 2d 1322· Fla. 5th DCA· 1997-08-22 ·cited 3×
• Hennig v. Prummell
  198 So. 3d 17· Fla. 2d DCA· 1997-04-21 ·cited 3×
  Gary Hennig petitioned for a writ of prohibition and habeas corpus challenging the trial court's jurisdiction to adjudicate a probation violation based on crimes committed in Ohio during a previously revoked probation term. The Florida Second District Court of Appeal held that a
• Chandler v. Manning
  773 So. 2d 65· Fla. 3d DCA· 1997-03-27 ·cited 3×
• Raines v. State
  983 F. Supp. 1362· N.D. Fla.· 1997-03-21 ·cited 3×
  The court found that the Eighth Amendment claim failed because the denial of incentive gain time did not implicate basic human needs and lacked evidence of intent to punish. The court also analyzed the applicability of the ADA and Rehabilitation Act to state prisoners.
• Singer v. Cochran
  685 So. 2d 36· Fla. 4th DCA· 1996-12-04 ·cited 3×
• Gaffney v. State
  681 So. 2d 1211· Fla. 5th DCA· 1996-11-01 ·cited 3×
  Court vacated the trial court's denial of habeas corpus petition because the trial court lacked territorial jurisdiction where the defendant was detained in a different county than where the petition was filed.
• Johnson v. State
  676 So. 2d 1017· Fla. 5th DCA· 1996-06-21 ·cited 3×
• Siravo v. Roxanne Siravo and the Honorable Leonard Fleet
  670 So. 2d 983· Fla. 4th DCA· 1996-01-30 ·cited 3×
  The court held that a writ of ne exeat cannot be used as a substitute for other enforcement remedies like contempt or injunction to force a party to post security or produce assets to satisfy a judgment.
• Manrique Carreno v. Johnson
  899 F. Supp. 624· S.D. Fla.· 1995-09-22 ·cited 3×
  The court held that the extradition statute, 18 U.S.C. § 3184, is constitutional as applied to the petitioner, and thus denied his petition for a writ of habeas corpus.
• Adm'r, Retreat Hosp. v. The Honorable W. Clayton Johnson of the Cir. Court of the Seventeenth Jud. Cir. In & For Broward Cnty.
  660 So. 2d 333· Fla. 4th DCA· 1995-08-30 ·cited 3×
  Hospital sought writs of prohibition and quo warranto to prevent a trial court from expanding judicial review of Baker Act transportation procedures beyond the original habeas corpus petitions filed by the Public Defender. The court held that while the trial court had jurisdictio
• ROY v. Honorable James L. Tomlinson
  639 So. 2d 1112· Fla. 1st DCA· 1994-07-25 ·cited 3×
  Robert David Roy sought a writ of prohibition challenging an order denying his motion to disqualify County Judge Pierce from hearing his habeas corpus petition. The court held that Judge Pierce lacked statutory authority to preside over habeas corpus matters and that his motion t
• Reilly v. Florida
  847 F. Supp. 951· M.D. Fla.· 1994-03-31 ·cited 3×
  The court denied Petitioner's writ of habeas corpus, finding his claims regarding the constitutionality of Florida statutes, double jeopardy, sufficiency of evidence, right to self-representation, and state sentencing procedures lacked merit or were not reviewable.
• Moore v. State OF Ind.
  999 F.2d 1125· 7th Cir.· 1993-07-20 ·cited 3×
  The court held that the district court did not abuse its discretion in denying the plaintiff's motion for leave to amend his complaint because the proposed amendments would be futile.
• Waymon Spriggs, Jr. v. Collins
  993 F.2d 85· 5th Cir.· 1993-06-14 ·cited 3×
  The court held that while counsel was deficient for failing to object to inaccurate information in the presentence investigation report, the appellant failed to demonstrate prejudice from this deficiency.
• Warner v. Zent
  997 F.2d 116· 6th Cir.· 1993-06-07 ·cited 3×
  The court held that applying a judicial interpretation of a criminal statute retroactively, which was not foreseeable from the statute's plain language, violates the Due Process Clause by depriving the defendant of fair warning.
• Compo v. State
  617 So. 2d 362· Fla. 2d DCA· 1993-04-14 ·cited 3×
  This case addresses the Public Defender's motion to withdraw from representing James Compo in three consolidated appeals, along with Compo's pro se efforts to remove his counsel and conduct his own appellate representation. The court grants the public defender's withdrawal motion
• Birdwell v. Skeen
  983 F.2d 1332· 5th Cir.· 1993-02-24 ·cited 3×
  The court held that the additional two-week postponement did not comply with IADA continuance requirements and thus did not toll the speedy trial period, and that the one-week continuance lacked good cause, leading to a violation of the speedy trial provision.
• Ramseur v. Beyer
  983 F.2d 1215· 3d Cir.· 1992-12-31 ·cited 3×
  The court did not definitively rule on whether a new indictment can cure a prior constitutionally defective indictment, leaving the question open for future cases.
• Campbell v. Blodgett
  997 F.2d 512· 9th Cir.· 1992-12-24 ·cited 3×
  The court held that the district court did not abuse its discretion in dismissing the third federal habeas petition as successive and abusive, with the exception of the claim regarding appellate review, which was improperly characterized by the district court.
• Evenstad v. United States
  978 F.2d 1154· 9th Cir.· 1992-11-04 ·cited 3×
  A defendant may collaterally attack a federal sentence based on a prior conviction tainted by ineffective assistance of counsel, even if the claim is raised years later, provided the district court determines the issue of waiver and prejudice.
• Porter v. Dugger
  805 F. Supp. 941· M.D. Fla.· 1992-10-30 ·cited 3×
  The court held that the petitioner received effective assistance of counsel at both sentencing hearings and that no actual conflict of interest existed, denying habeas corpus relief.
• Selvage v. Collins
  975 F.2d 131· 5th Cir.· 1992-10-02 ·cited 3×
  The court held that the perceived futility of raising 'Penry' claims does not constitute cause to excuse a procedural default in a federal habeas petition, as such claims were reasonably available.
• Higgs v. State
  599 So. 2d 274· Fla. 5th DCA· 1992-05-29 ·cited 3×
  Robert Higgs sought habeas corpus relief claiming his appeal rights were violated when a trial court denied his motion to proceed in forma pauperis, allegedly because no appeal was timely filed. The court held that under the 'mailbox rule,' a notice of appeal is deemed filed when
• King v. Byrd
  590 So. 2d 2· Fla. 1st DCA· 1991-11-18 ·cited 3×
  Patty Elizabeth King challenges the revocation of her pretrial release and detention without bond following a mistrial in her drug trafficking case. The appellate court denies her habeas corpus petition without prejudice, finding the record inadequate and directing her to first s
• Olan Randle Robison v. Maynard
  943 F.2d 1216· 10th Cir.· 1991-08-29 ·cited 3×
  The court held that the Supreme Court's decision in Payne v. Tennessee does not require reversal of the prior holding that testimony from a victim's relative expressing a desire not to impose the death penalty is inadmissible mitigating evidence.
• Derden v. Sheriff Sammie McNEEL & Attorney General-State of Miss.
  938 F.2d 605· 5th Cir.· 1991-08-16 ·cited 3×
  The court held that the majority's 'scatter-gun cumulation of error' improperly vitiates a jury verdict supported by considerable evidence, failing to adhere to the restraint required in habeas corpus review.
• Rosario Spatola v. United States
  925 F.2d 615· 2d Cir.· 1991-02-19 ·cited 3×
  A certified copy of a foreign conviction, obtained after a trial where the defendant was present and represented by counsel, is sufficient to establish probable cause for extradition.
• Elzra Wiggerfall v. Jones
  918 F.2d 1544· 11th Cir.· 1990-12-14 ·cited 3×
  A conviction obtained when the jury was precluded by statute from considering lesser included noncapital offenses violates due process, and this error is not rendered harmless by the judge's subsequent commutation of a death sentence to life imprisonment.