Habeas Corpus

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

• Forbes v. Sec'y, Dep't of Corr.
  S.D. Fla.· 2023-02-17 ·cited 2×
  The court denied the petitioner's motion to alter or amend the judgment because it was untimely and, even if construed as a Rule 60(b) motion, failed to show a basis for relief.
• Maxwell v. Sec'y, Fla. Dep't of Corr. (Duval County)
  2022 WL 1234728· M.D. Fla.· 2022-07-05 ·cited 2×
  The court held that the petitioner failed to demonstrate extraordinary circumstances to justify relief from the judgment dismissing his habeas petition as untimely.
• Brosky v. Sec'y, Fla. Dep't of Corr.
  S.D. Fla.· 2022-05-06 ·cited 2×
  A Certificate of Appealability (COA) shall not issue regarding the denial of the Petitioner's motion to alter and amend judgment.
• Ward v. Junior
  46 Fla. L. Weekly D1065· Fla. 3d DCA· 2021-06-25 ·cited 2×
  Wesley Ward petitioned for habeas corpus relief, challenging his detention without bond after violating conditions of his pretrial release. The court granted the petition, finding that Ward was charged with bondable offenses and the trial court failed to follow statutory procedur
• Phelps v. State
  317 So. 3d 1207· Fla. 3d DCA· 2021-02-24 ·cited 2×
  Appellate counsel's failure to raise fundamental error in the trial court's omission of the standard jury instruction on reasonable doubt constitutes ineffective assistance of appellate counsel requiring reversal and a new trial.
• Brown v. State
  Fla. 3d DCA· 2021-02-17 ·cited 2×
  The Florida Third District Court of Appeal affirmed the lower court's decision, holding that a petition for a writ of habeas corpus cannot be used as a substitute for post-conviction relief motions under Florida Rules of Criminal Procedure.
• Shird T. Myrick v. Inch
  303 So. 3d 269· Fla. 2d DCA· 2020-09-09 ·cited 2×
  Shird Myrick filed a petition for a writ of habeas corpus in DeSoto County Circuit Court challenging his grand theft conviction. The circuit court converted the habeas petition to a Florida Rule of Criminal Procedure 3.850 motion and transferred the case to Dade County, where Myr
• McLendon v. State
  279 So. 3d 307· Fla. 1st DCA· 2019-08-30 ·cited 2×
  The petitioner sought habeas corpus relief challenging an illegal sentence imposed in 2018 for a third-degree felony that carried a statutory maximum of five years, but was sentenced to ten years in prison based on erroneous classification as a second-degree felony. The court gra
• Wells Fargo Bank v. Ordonez
  15 Fla. L. Weekly Supp. 1· Fla. 2d DCA· 2019-05-24 ·cited 2×
  A loan renewal that does not add obligors and merely changes the interest rate, maturity date, or payment terms is not subject to documentary stamp tax when tax was previously paid on the original document.
• Rodriguez v. State of Fla. & Bryan Holt
  269 So. 3d 639· Fla. 5th DCA· 2019-04-24 ·cited 2×
  When the State does not file a motion for pretrial detention at first appearance and the defendant is not charged with a capital or life felony, the trial court must conduct a hearing to determine conditions of release under Florida Rules of Criminal Procedure 3.131 and 3.132, ra
• Roland v. State
  267 So. 3d 449· Fla. 4th DCA· 2019-04-03 ·cited 2×
  Kevin Roland appealed a sanction order prohibiting him from filing further pro se motions. Although Roland repeatedly raised a meritless postconviction claim regarding fingerprint evidence and his PRR sentence qualification, the court held that the trial court abused its discreti
• Junior v. Lacroix
  263 So. 3d 159· Fla. 3d DCA· 2018-12-27 ·cited 2×
  Daniel Junior, director of Miami-Dade County Corrections, appealed a trial court's writ of habeas corpus that ordered the release of James LaCroix despite a federal immigration detainer and declared the county's immigration detainer policy unconstitutional under the Tenth Amendme
• Rivera v. State
  260 So. 3d 920· Fla.· 2018-12-20 ·cited 2×
  Michael T. Rivera appeals the denial of his second successive motion for postconviction relief under Florida's capital postconviction rules, arguing he is entitled to relief under Hurst v. State based on changes to Florida's death penalty statute. The Florida Supreme Court affirm
• Shirah v. State
  257 So. 3d 23· Fla.· 2018-10-19 ·cited 2×
  The Court prohibited the petitioner from filing any further pro se documents related to his case unless signed by counsel.
• Cannon v. State
  253 So. 3d 1200· Fla. 2d DCA· 2018-08-17 ·cited 2×
  A trial court may not issue a capias warrant for failure to appear at a pretrial conference when the defendant has filed a valid waiver of appearance under Florida Rule of Criminal Procedure 3.180(a)(3) and has not received adequate notice that his appearance was mandatory despit
• Smith v. Fla. Dep't of Corr.
  255 So. 3d 916· Fla. 2d DCA· 2018-06-01 ·cited 2×
  Smith validly waived his right to a conditional release violation hearing by initially postponing it and then initialing and signing an amended notice that contained language indicating he was waiving his right to a hearing. The failure to provide a formal waiver document for the
• Holmes v. State
  245 So. 3d 1008· Fla. 3d DCA· 2018-05-30 ·cited 2×
  A sentence of life imprisonment does not violate the Florida Constitution's proscription against indefinite terms of imprisonment.
• Booker v. Jones
  235 So. 3d 298· Fla.· 2018-01-30 ·cited 2×
  Florida Supreme Court denies habeas corpus petition seeking retroactive application of Hurst v. Florida because petitioner's death sentence became final in 2001, before Hurst was decided.
• Toney Deron Davis v. Jones
  235 So. 3d 301· Fla.· 2018-01-30 ·cited 2×
  Florida Supreme Court denies habeas corpus petition for Hurst relief because petitioner's death sentence became final in 1998, before Hurst's retroactive application date.
• Fails v. Jones
  219 So. 3d 790· Fla.· 2017-06-15 ·cited 2×
  The Florida Supreme Court imposed pro se filing restrictions on an inmate who had filed 27 extraordinary writ petitions since 2008, with 13 pertaining to the same conviction. The Court found Fails' habeas petition challenging his convictions for attempted sexual battery and aggra
• Zakrzewski v. Jones
  221 So. 3d 1159· Fla.· 2017-05-25 ·cited 2×
  Edward Zakrzewski petitioned for habeas corpus relief based on Hurst v. Florida, claiming his 1994 death sentences were unconstitutional. The Florida Supreme Court affirmed his three death sentences, holding that Hurst does not apply retroactively to sentences that became final b
• Solomon D. Roberts v. Jones
  213 So. 3d 912· Fla.· 2017-03-23 ·cited 2×
  The Florida Supreme Court imposed sanctions on Solomon Roberts, a pro se prisoner who filed his twenty-fifth petition since 2000, by barring him from filing future pro se pleadings regarding his 1982 convictions unless represented by counsel. The court found Roberts' repeated fil
• Desue v. Jones
  213 So. 3d 801· Fla.· 2017-03-23 ·cited 2×
  The Florida Supreme Court sanctioned Michael Charles Desue, a state prisoner who had filed twenty-seven frivolous petitions with the Court, by barring him from filing future pro se pleadings concerning his 1987 forgery convictions and 1992 robbery convictions unless represented b
• M.D.E. v. State
  206 So. 3d 152· Fla. 5th DCA· 2016-12-09 ·cited 2×
  M.D.E., a child detained on a battery charge, sought habeas corpus relief challenging his continued detention beyond the statutory 21-day limit. The court granted the petition and ordered his immediate release, finding the trial court violated Florida Statutes section 985.26(2) b
• Grimsley v. Jones
  213 So. 3d 353· Fla.· 2016-11-23 ·cited 2×
  The Florida Supreme Court dismissed Kenneth Grimsley's habeas corpus petition—his twelfth frivolous filing since 2005—and imposed sanctions barring him from filing future pro se pleadings related to his convictions unless represented by a licensed attorney, finding his pattern of
• Jahman Whitfield v. Dep't OF Corr. & State of Fla.
  202 So. 3d 116· Fla. 5th DCA· 2016-10-14 ·cited 2×
  Jahman Whitfield appeals the denial of his habeas corpus petition challenging the sufficiency of the information charging him with sexual battery. The Fifth District Court of Appeal affirmed the denial, finding that while the trial court erred in its reasoning for denial, the pet
• Simmons v. State
  205 So. 3d 793· Fla. 2d DCA· 2016-09-28 ·cited 2×
  Abraham Simmons petitioned for relief claiming his appellate counsel was ineffective for failing to raise a sentencing issue. The court granted the petition in part, finding that Simmons' violent career criminal (VCC) sentence for criminal mischief was illegal because criminal mi
• Grant v. State
  189 So. 3d 878· Fla. 4th DCA· 2016-02-24 ·cited 2×
  Jamie Grant petitioned for habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise on direct appeal the trial court's error in denying a jury instruction on the necessarily lesser-included offense of attempted armed robbery with a weapon. Th
• J.S. v. State
  182 So. 3d 890· Fla. 5th DCA· 2016-01-12 ·cited 2×
  A juvenile cannot be held in detention for more than twenty-one days without an adjudicatory hearing commencing.
• Maykel Beiro v. State
  140 So. 3d 590· Fla. 3d DCA· 2015-10-21 ·cited 2×
  The appellate court affirmed the denial of a successive and untimely petition for postconviction relief. The court held that the petitioner failed to demonstrate manifest injustice to overcome the procedural bars of the petition.
• Rollins v. Fla. Parole Comm'n
  170 So. 3d 7· Fla. 2d DCA· 2015-04-15 ·cited 2×
  Mack Rollins petitioned for certiorari review of a circuit court's denial of his habeas corpus petition challenging the revocation of his conditional release by the Florida Parole Commission. The court held that due process does not require a transcript of a parole revocation hea
• R.E.C., III v. State
  159 So. 3d 362· Fla. 4th DCA· 2015-03-11 ·cited 2×
• Antwyan M. Dorn v. State
  156 So. 3d 562· Fla. 3d DCA· 2015-01-21 ·cited 2×
  Antwyan Dorn appealed the denial of his habeas corpus petition filed in Miami-Dade County, where he is incarcerated. The court held that because Dorn's claims attack the validity of his underlying conviction rather than the legality of his current incarceration, only the Volusia
• Ponton v. State
  155 So. 3d 425· Fla. 3d DCA· 2014-12-31 ·cited 2×
  Alfonso Ponton, a pro se litigant, petitioned for writs of mandamus and habeas corpus challenging a circuit court's order prohibiting him from filing further pro se pleadings in three long-closed criminal cases. The Third District Court of Appeal dismissed both petitions, reaffir
• Denard v. State
  152 So. 3d 1257· Fla. 5th DCA· 2014-12-19 ·cited 2×
  Cameron Denard appeals the summary denial of his motion for postconviction relief filed beyond the two-year statutory deadline. The court reversed, holding that Denard's allegations that he retained counsel to timely file the motion but counsel neglected to do so raised a valid e
• Nestor Rojas v. State
  148 So. 3d 818· Fla. 5th DCA· 2014-10-10 ·cited 2×
  The trial court properly dismissed an inmate's habeas corpus petition challenging conditions at one correctional facility as moot when the inmate was transferred to another facility.
• Troy v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  763 F.3d 1305· 11th Cir.· 2014-08-15 ·cited 2×
  John Troy, a Florida death row inmate, sought federal habeas relief challenging the trial court's exclusion of testimony from a corrections officer about general prison conditions for life-sentenced inmates, arguing the exclusion violated his Eighth and Fourteenth Amendment right
• McKINNEY v. Crews
  141 So. 3d 1249· Fla. 1st DCA· 2014-07-08 ·cited 2×
• Starling v. State
  137 So. 3d 568· Fla. 2d DCA· 2014-04-25 ·cited 2×
  John Starling appeals the summary denial of his motion to vacate his sentence, claiming ineffective assistance of counsel regarding time-served credit at sentencing. The appellate court reversed because the trial court improperly treated his rule 3.850 motion as untimely under ru
• Williams v. Crews
  136 So. 3d 1119· Fla.· 2014-04-03 ·cited 2×
  The Florida Supreme Court imposed sanctions on an inmate who filed a frivolous habeas corpus petition containing false information and had abused the court system through eleven extraordinary writ petitions since 2012. The Court prohibited Williams from filing any further pro se
• Harmon v. State
  136 So. 3d 1223· Fla. 1st DCA· 2014-04-02 ·cited 2×
  The court held that a prisoner who has repeatedly filed frivolous claims and appeals may be prohibited from filing further pro se pleadings and may face disciplinary procedures.
• Sinclair v. State of Fla. & Michael D. Crews
  132 So. 3d 903· Fla. 1st DCA· 2014-02-13 ·cited 2×
  Florida appellate court dismissed petitioner's repeated habeas corpus petition as unauthorized and warned of sanctions for frivolous filings after rejecting the same claim four times in one year.
• Scharman v. Crews
  123 So. 3d 147· Fla. 1st DCA· 2013-10-16 ·cited 2×
  Cory Scharman, an inmate, appealed the dismissal of his habeas corpus petition challenging the non-award of credit for time previously served when his probation was revoked and he was resentenced. The Florida appellate court affirmed the dismissal on procedural grounds but clarif
• Barrett v. State
  123 So. 3d 665· Fla. 4th DCA· 2013-10-16 ·cited 2×
• Treacy v. AI Lamberti
  141 So. 3d 174· Fla.· 2013-10-10 ·cited 2×
  The Florida Supreme Court held that juvenile offenders cannot be sentenced to life imprisonment under Graham v. Florida and Florida's current statutory scheme, and therefore are entitled to bond as a matter of right under the Florida Constitution. The Court rejected the Fourth Di
• H.D. v. Shore
  134 So. 3d 1062· Fla. 4th DCA· 2013-09-11 ·cited 2×
  A juvenile court cannot order secure detention for a violation of pre-adjudication home detention solely based on that violation, without meeting the statutory criteria for secure detention or initiating contempt proceedings.
• Katracy Dawson v. State
  121 So. 3d 63· Fla. 3d DCA· 2013-08-28 ·cited 2×
  The court held that a pro se litigant who has repeatedly filed meritless petitions concerning his conviction and sentence will be prohibited from filing any further pro se appeals, pleadings, motions, or petitions related to those matters.
• Joseph v. State
  125 So. 3d 1020· Fla. 4th DCA· 2013-07-03 ·cited 2×
  Perry Joseph seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise additional arguments challenging the prosecutor's closing remarks and the admission of a police statement. The court denies the petition, finding that appellate counsel's o
• T.K. v. State
  125 So. 3d 970· Fla. 4th DCA· 2013-06-12 ·cited 2×
  The court held that the offense of aggravated fleeing and eluding, as charged and under the facts presented, does not constitute a 'violent second degree felony' for the purpose of risk assessment scoring for juvenile detention.
• Golfe v. State
  125 So. 3d 876· Fla. 4th DCA· 2013-04-24 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying appellant's frivolous postconviction challenges and in imposing sanctions for abuse of postconviction relief procedures.