Habeas Corpus

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

• Baker v. Carlyle Hayes
  148 Fla. 84· Fla.· 1941-08-02 ·cited 3×
  Willie Baker was arrested and convicted under a Florida statute prohibiting operation of steel-tired vehicles on hard-surfaced roads. The Florida Supreme Court reversed his conviction, holding that the arrest warrant was fatally defective for failing to specify the type of vehicl
• Carlyle Hayes v. Jones
  147 Fla. 238· Fla.· 1941-05-13 ·cited 3×
  The Florida Supreme Court reversed a circuit court's discharge of a habeas corpus petitioner, holding that Section 7316 applies to wearing apparel sold under conditional sales contracts with retained title, and that the statute does not contain an exemption for clothing despite i
• State ex rel. Frank M. Hamilton v. Worth W. Trammell
  146 Fla. 10· Fla.· 1941-01-31 ·cited 3×
  The Florida Supreme Court quashed a rule nisi in prohibition, holding that a circuit court has the power to find a party in contempt, even if that finding is erroneous and subject to review by habeas corpus. The court found that prohibition was not the proper remedy to challenge
• State v. Quigg
  143 Fla. 227· Fla.· 1940-05-24 ·cited 3×
  The Florida Supreme Court upheld a Miami city ordinance requiring driver's licenses for operating motor vehicles within city limits, holding that state licensing law did not impliedly repeal the city's ordinance. The Court recognized that municipalities retain authority to regula
• State ex rel. Charles E. Miller v. McLeod
  142 Fla. 254· Fla.· 1940-03-15 ·cited 3×
  The Florida Supreme Court upheld the extradition of a fugitive to New York despite a challenge to whether the officer who took the affidavit supporting the extradition warrant qualified as a 'magistrate' under federal extradition law. The court held that a Deputy Clerk of the Cit
• Harrison v. McLeod
  141 Fla. 804· Fla.· 1940-02-20 ·cited 3×
  The Florida Supreme Court considered whether a petitioner, arrested for hunting on Sunday, should be discharged from custody. The petitioner argued the law under which he was arrested was repealed by a later game and fish act. The court held that the two laws addressed different
• Coleman v. State ex rel. Tom Wilson
  139 Fla. 401· Fla.· 1939-07-21 ·cited 3×
  This case reviews a habeas corpus proceeding where the petitioner pleaded guilty to possessing untaxed alcoholic beverages. The court found the statute under which he was charged to be constitutional but the sentence imposed was excessive, requiring resentencing.
• State ex rel. J. H. McLean v. Coleman
  138 Fla. 689· Fla.· 1939-06-23 ·cited 3×
  In this original habeas corpus proceeding, the Florida Supreme Court upheld a contempt judgment against J. H. McLean, who refused to answer questions before a grand jury. The court found the judgment lawfully imposed and dismissed the petition for release.
• Jones v. King
  138 Fla. 564· Fla.· 1939-06-09 ·cited 3×
  This case involves an attorney, R. Percy Jones, found in contempt of court for allegedly attempting to suborn perjury. The appellate court affirmed the contempt finding but remanded for a more specific sentence.
• Edd Potter v. Mayo
  137 Fla. 593· Fla.· 1939-05-09 ·cited 3×
  The Florida Supreme Court denied a petition for an insolvent prisoner to have the county pay for a transcript needed to seek certiorari from the U.S. Supreme Court. The court relied on a prior ruling that denied similar relief.
• State v. Mayo
  135 Fla. 601· Fla.· 1938-12-16 ·cited 3×
  This habeas corpus case examines whether an information charging burglary was legally sufficient and if the court's judgment and sentence constituted a valid conviction. The court found both the information and the judgment to be sufficient, denying the petition.
• State v. Hurley
  137 Fla. 488· Fla.· 1938-11-29 ·cited 3×
  Florida Supreme Court upheld the guardianship of Myrtle K. Hurley over a 14-year-old adopted minor in a habeas corpus proceeding brought by the child's adoptive father. The court emphasized that the best interest of the child, as evidenced by her preference, the deceased mother's
• State v. McLeod
  135 Fla. 109· Fla.· 1938-11-23 ·cited 3×
  The Florida Supreme Court affirmed the conviction and sentence of two men convicted of receiving and concealing stolen property who made restitution. The court held that Section 5139 R.G.S. (allowing alternative sentencing upon restitution) must be read together with Section 5138
• State v. Coleman
  137 Fla. 177· Fla.· 1938-10-31 ·cited 3×
  In this habeas corpus case, the Florida Supreme Court affirmed the denial of the relator's petition for discharge, holding that defects in the information charging the relator were not void ab initio but merely voidable, and that such defects must be challenged before the trial c
• State v. Hurley
  132 Fla. 892· Fla.· 1938-06-22 ·cited 3×
  This case concerns a father's right to custody of his children after being declared sane and restored to liberty. The court found that a prior ruling on the fitness of a guardian for the children did not definitively settle the father's right to custody.
• Young v. Stoutamire
  131 Fla. 834· Fla.· 1938-03-29 ·cited 3×
  The Florida Supreme Court resolved the disposition of a cash bond ($2,279.00) deposited by Donald and Elsie Mae Young as a condition of their release pending extradition proceedings. The court held that the bond funds should be paid to the Youngs' attorneys as specified in the bo
• O'Connell v. Pericles Kontojohn
  131 Fla. 783· Fla.· 1938-03-16 ·cited 3×
  The Florida Supreme Court upheld a trial court's invalidation of a Pensacola city ordinance that imposed a $250 per-truck license tax on out-of-state bakeries while charging only $50 per truck to local bakeries. The court held the ordinance violated the Commerce Clause and equal
• State v. Coleman
  130 Fla. 410· Fla.· 1937-12-20 ·cited 3×
  Florida Supreme Court affirmed a judgment remanding a habeas corpus petitioner to the custody of the Sheriff after her conviction for keeping a house of ill-fame. The court held that the information charging the defendant was sufficiently specific and complied with statutory requ
• Carson v. The Honorable Nathan Mayo
  128 Fla. 247· Fla.· 1937-05-20 ·cited 3×
  This habeas corpus case addresses whether a conviction based on an information filed by an Assistant County Solicitor is void. The court held that any defect in the filing is waived if not objected to at the proper time, and thus does not warrant release via habeas corpus.
• Roberts v. Doyle Schumacher
  127 Fla. 461· Fla.· 1937-03-16 ·cited 3×
  Stephen Elmore Roberts sought habeas corpus relief challenging his indictment under Section 7263 C.G.L., but the Florida Supreme Court affirmed the trial court's remand, holding that habeas corpus is not an appropriate remedy to challenge defective indictments and that the petiti
• Hancock v. Karel
  127 Fla. 451· Fla.· 1937-03-13 ·cited 3×
  This habeas corpus case examines whether a state livestock board's resolution to kill wild deer for cattle tick eradication conflicts with state laws protecting game. The court found that the later, more specific game protection laws superseded the board's implied authority.
• Columbus Neel v. The Honorable Nathan Mayo
  126 Fla. 869· Fla.· 1937-01-18 ·cited 3×
  In this habeas corpus proceeding, the Florida Supreme Court upheld the validity of an information charging breaking and entering a dwelling house with intent to commit false imprisonment. The court rejected the petitioner's argument that the information failed to charge a felony,
• Curtis v. Hutchingson
  125 Fla. 433· Fla.· 1936-10-12 ·cited 3×
  The Florida Supreme Court reviewed a lower court's decision in a habeas corpus proceeding concerning a city ordinance that required individuals playing coin-operated machines to register personal information. The Court held the ordinance was an unreasonable exercise of police pow
• State v. Mayo
  125 Fla. 442· Fla.· 1936-10-12 ·cited 3×
  In this original habeas corpus proceeding, the Florida Supreme Court rejected petitioner Dick Waldrop's claim that he was sentenced without a judgment of conviction, finding that certified court records conclusively established both a jury verdict of guilty and a formal judgment
• State v. Coleman
  122 Fla. 830· Fla.· 1936-02-19 ·cited 3×
  The Florida Supreme Court discharged three men held under an indictment for obtaining tax sale certificates by false pretenses from the City of Miami. The court found the indictment failed to charge any offense under Florida law because it did not adequately allege a false repres
• Chavers v. Harrell
  122 Fla. 669· Fla.· 1935-11-27 ·cited 3×
  The Florida Supreme Court dismissed a habeas corpus petition, remanding the petitioner to custody. The court relied on prior decisions and allowed the petitioner to raise a defense regarding the unconstitutionality of the statute under which he was charged, if that statute's unco
• Ex parte Wells
  121 Fla. 457· Fla.· 1935-10-26 ·cited 3×
  Robert J. Wells seeks habeas corpus relief from a contempt conviction for failure to pay temporary alimony ordered in his divorce case, arguing the trial court lacked jurisdiction because he had obtained a prior Mexican divorce and the court never determined the marital status be
• State v. Lawrence
  120 Fla. 836· Fla.· 1935-09-16 ·cited 3×
  In this original habeas corpus proceeding, the Florida Supreme Court held that a woman charged with perjury for making false statements in an affidavit submitted with a marriage license application was lawfully detained, as the affidavit was authorized by law when required by the
• Lacy Sloan v. Hutchingson
  120 Fla. 747· Fla.· 1935-09-02 ·cited 3×
  The Florida Supreme Court upheld the validity of a municipal ordinance adopted by Lakeland prohibiting the possession of intoxicating liquors within the city, finding it a valid exercise of municipal police powers to enforce state prohibition laws in a dry county. The Court rejec
• Mendenhall v. Sweat
  117 Fla. 299· Fla.· 1934-11-22 ·cited 3×
  J. J. Mendenhall sought writs of error from the Florida Supreme Court challenging two Circuit Court judgments in habeas corpus proceedings that remanded him to custody to await trial on murder charges. The Supreme Court granted the writs of error and scire facias audiendum errore
• Pauling v. Simmons
  117 Fla. 210· Fla.· 1934-11-09 ·cited 3×
  This habeas corpus case concerns the legality of an imprisonment order for contempt. The petitioner failed to file a brief supporting his discharge, leading the court to dismiss the proceedings.
• Harrison v. Stone
  113 Fla. 471· Fla.· 1934-01-08 ·cited 3×
  The Florida Supreme Court granted a writ of habeas corpus, releasing a petitioner held on a homicide charge after grand juries twice declined to indict him, finding the evidence insufficient for probable guilt.
• Ex Parte
  111 Fla. 584· Fla.· 1933-08-02 ·cited 3×
  Young Ferris challenged his imprisonment via habeas corpus, arguing his sentence was void because it lacked a proper judgment of conviction. The Florida Supreme Court agreed and remanded him for resentencing after entry of a proper judgment of conviction.
• State v. Mayo
  111 Fla. 579· Fla.· 1933-07-28 ·cited 3×
  The Florida Supreme Court upheld the validity of an information and judgment convicting Johnnie Taylor of robbery, rejecting his habeas corpus challenge that the information was defective and that no valid judgment of conviction existed. The court affirmed that both the informati
• Hines v. Noel
  110 Fla. 457· Fla.· 1933-06-10 ·cited 3×
  In this writ of error case, the Florida Supreme Court affirmed the Circuit Court's denial of habeas corpus relief to William Hines, who was re-arrested 78 days after posting a supersedeas bond pending appeal of his municipal court conviction. The court held that municipal court c
• Ex parte Acree
  110 Fla. 373· Fla.· 1933-06-01 ·cited 3×
  Perry Acree sought habeas corpus discharge from a murder conviction, arguing the grand jury that indicted him was improperly recalled after the court term had adjourned. The Florida Supreme Court rejected this challenge, holding that the court's recess (not adjournment sine die)
• State v. Cahoon
  106 Fla. 299· Fla.· 1932-07-27 ·cited 3×
  The Florida Supreme Court affirmed a lower court's decision to deny a habeas corpus petition. The court held that a police officer operating a city-owned vehicle without a license tag, despite a dispute over the fee, was in violation of state law and thus lawfully arrested.
• Dowling v. Lee
  68 Fla. 23· Fla.· 1914-06-25 ·cited 3×
  The Florida Supreme Court held that a General Court Martial had jurisdiction over a commissioned officer of the National Guard and that a conviction of two charges, one valid and one invalid under state law, did not warrant discharge in habeas corpus proceedings where the valid c
• Bravo-Diaz v. Warden Matthew Mordant
  2025 WL 3442706· M.D. Fla.· 2025-12-16 ·cited 2×
  The court held that the petitioner is detained under 8 U.S.C. § 1226(a) and is entitled to a bond hearing. The court has jurisdiction and exhaustion of administrative remedies is excused.
• Parviz v. Fed. Detention Ctr. Miami
  S.D. Fla.· 2025-09-10 ·cited 2×
  The court denied the petitioner's motion for reconsideration, finding she failed to present new evidence or demonstrate manifest error of law or fact, and that her arguments were either untimely or legally insufficient.
• Scott v. Fla. Dep't of Corr.
  2025 WL 708612· S.D. Fla.· 2025-06-10 ·cited 2×
  The court denied Petitioner's claims 11, 14, and 16 on the merits, finding no violation of federal law or unreasonable determination of facts by the state court.
• Setts v. Anderson
  2008 WL 2782757· M.D. Fla.· 2025-05-20 ·cited 2×
  The court lacks jurisdiction over the petition for writ of habeas corpus because the petitioner is no longer in custody for the challenged conviction and has previously filed successive petitions. Jurisdiction for a § 2241 petition lies only in the district of confinement.
• Jenkins v. Sec'y Dep't Of Corr.
  2023 WL 3394161· M.D. Fla.· 2025-03-24 ·cited 2×
  The court held that it lacked jurisdiction to consider a motion for an extension of time to file a habeas petition when no petition had been filed.
• Hearns v. Hale
  2020 WL 4756761· N.D. Fla.· 2024-10-28 ·cited 2×
  A prisoner's civil rights complaint challenging the validity of his conviction is barred by Heck v. Humphrey and Preiser v. Rodriguez, and must be dismissed.
• Muldowney v. Sec'y, Dep't of Corr. (Sarasota County)
  2015 WL 4651090· M.D. Fla.· 2024-08-26 ·cited 2×
  The federal district court sua sponte raised concerns about a potential conflict of interest where petitioner's counsel represented him in both state post-conviction Rule 3.850 proceedings and the present federal habeas corpus action. The court stayed the proceedings and ordered
• Giselle Romero and Wachovia Middlebrooks v. Sherea Green
  Fla. 3d DCA· 2024-07-24 ·cited 2×
  Petitioners challenged the constitutionality of Florida Statute section 907.041(5)(b), which prohibits judges from granting nonmonetary pretrial release at first appearance for persons arrested for dangerous crimes including misdemeanor domestic violence. The Third District Court
• Cajan v. Fla. Dep't of Corr.
  2014 WL 12929717· S.D. Fla.· 2023-11-30 ·cited 2×
  A district court lacks subject-matter jurisdiction to entertain a second or successive petition for a writ of habeas corpus when the petitioner has not obtained prior authorization from the court of appeals.
• Barwick v. Governor of Florida
  66 F.4th 896· 11th Cir.· 2023-04-26 ·cited 2×
  The Eleventh Circuit held that a death-row prisoner's claim that Florida's clemency process lacked specific standards and was arbitrary did not present a substantial likelihood of success on the merits, and thus denied his motion for a stay of execution.
• Hall v. Strong
  2021 WL 3485653· N.D. Fla.· 2023-04-13 ·cited 2×
  The court held that a petitioner's subjective belief that administrative remedies were unavailable is insufficient to excuse failure to exhaust, absent credible evidence of affirmative misconduct by prison officials to prevent exhaustion.
• LaDon M. Green v. Dixon
  361 So. 3d 235· Fla.· 2023-03-16 ·cited 2×
  The Florida Supreme Court sanctioned inmate LaDon Green for abusing the court's judicial resources through a pattern of fourteen meritless pro se habeas corpus petitions raising the same claims repeatedly. The Court barred him from filing future pleadings related to his convictio