Habeas Corpus

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

• Johnson v. State
  967 So. 2d 306· Fla. 3d DCA· 2007-09-26 ·cited 2×
• United States v. Noriega
  695 F. Supp. 2d 1358· S.D. Fla.· 2007-09-07 ·cited 2×
  The court held that it lacked jurisdiction to consider the defendant's petition for a writ of habeas corpus challenging extradition and lifted the previously granted stay of extradition.
• Kleparek v. State
  964 So. 2d 225· Fla. 4th DCA· 2007-08-29 ·cited 2×
• United States v. Noriega
  694 F. Supp. 2d 1268· S.D. Fla.· 2007-08-24 ·cited 2×
  The court held that the defendant's petition for writs of habeas corpus, mandamus, and prohibition was denied because his POW status does not shield him from extradition for criminal charges, and the court lacked jurisdiction under 28 U.S.C. § 2255.
• Santiago v. State
  962 So. 2d 416· Fla. 2d DCA· 2007-08-17 ·cited 2×
  Jose Santiago petitioned for relief on the ground that his appellate counsel was ineffective for failing to argue that the trial court committed fundamental error by using the conjunction "or" between his name and those of his codefendants in jury instructions on essential elemen
• Kanisky Evans v. State
  962 So. 2d 938· Fla. 3d DCA· 2007-07-18 ·cited 2×
  The trial court erred in striking a post-conviction petition for lack of jurisdiction while a habeas corpus petition was pending.
• Montalvo v. State
  957 So. 2d 1273· Fla. 4th DCA· 2007-06-06 ·cited 2×
  The Fourth District reversed the trial court's summary denial of a postconviction motion seeking leave to file a belated rule 3.850 motion, holding that the motion contained legally sufficient allegations of ineffective assistance of postconviction counsel and should have been tr
• Currie v. State
  955 So. 2d 1200· Fla. 1st DCA· 2007-05-08 ·cited 2×
• Godwin v. Johnson
  957 So. 2d 39· Fla. 1st DCA· 2007-04-26 ·cited 2×
  Terry Wayne and Matthew Wayne Godwin petitioned for habeas corpus relief challenging the circuit court's denial of pretrial release in a second-degree murder case. The court rejected their Crawford v. Washington arguments contending that the confrontation clause applies to pretri
• Hollander v. Crowder
  952 So. 2d 1289· Fla. 4th DCA· 2007-04-13 ·cited 2×
  Petitioner Hollander sought habeas corpus relief challenging a $200,000 bond set for cocaine trafficking charges. The court granted the petition because the trial court set bond solely by reference to a bond schedule without considering individualized factors required by Florida
• Dep't OF Child. & Families v. J.J.E.
  953 So. 2d 659· Fla. 5th DCA· 2007-03-30 ·cited 2×
  The Department of Children and Families appealed a trial court's finding that service of process by publication was invalid in a parental rights termination proceeding, rendering the termination order void. The appellate court affirmed, holding that the Department failed to condu
• T.W.L. v. State
  950 So. 2d 1290· Fla. 5th DCA· 2007-03-23 ·cited 2×
• Wilson v. Fla. Parole Comm'n
  944 So. 2d 1111· Fla. 2d DCA· 2006-11-29 ·cited 2×
  The court held that the circuit court departed from the essential requirements of law by denying a habeas corpus petition without reviewing the complete record considered by the Parole Commission.
• Howard v. Fla. Parole Comm'n
  939 So. 2d 247· Fla. 1st DCA· 2006-10-16 ·cited 2×
  Tyrone Howard, an incarcerated individual, sought certiorari review of a circuit court order denying his habeas corpus petition challenging the Florida Parole Commission's refusal to set an effective parole release date. The appellate court held that the circuit court committed a
• F.H. v. Dobuler
  947 So. 2d 458· Fla. 3d DCA· 2006-09-14 ·cited 2×
  A juvenile detainee petitioned for habeas corpus relief from secure detention pending placement in a high-risk residential program. The court held that Florida law does not permit secure detention without satisfaction of statutory detention criteria, and that any deviation from a
• Concepcion v. State
  944 So. 2d 1069· Fla. 3d DCA· 2006-09-01 ·cited 2×
  Israel Concepcion appeals the trial court's denial of his motion to correct an illegal sentence under Rule 3.800(a), challenging a departure sentence imposed in 1996. The appellate court affirms, holding that departure sentence challenges cannot be raised via Rule 3.800(a) and ar
• Thomas v. State
  935 So. 2d 91· Fla. 5th DCA· 2006-08-04 ·cited 2×
  Habeas corpus petition denied because petitioner's claims of involuntary plea and ineffective assistance of counsel must be raised through a Rule 3.850 motion, not habeas corpus, and the time limit for filing such motion has not yet expired.
• Meleah E. France v. Grady Judd
  932 So. 2d 1263· Fla. 2d DCA· 2006-07-14 ·cited 2×
  Meleah France petitioned for habeas corpus after being held without bond in a Florida jail on out-of-state charges from Illinois and Missouri. The court granted her petition, finding that law enforcement violated Florida's extradition statutes by failing to follow proper procedur
• Price v. State
  931 So. 2d 1004· Fla. 3d DCA· 2006-06-07 ·cited 2×
• B.L.G. v. State
  928 So. 2d 461· Fla. 5th DCA· 2006-05-02 ·cited 2×
• M.D. v. State
  923 So. 2d 556· Fla. 5th DCA· 2006-03-15 ·cited 2×
• Evans v. Seagraves
  922 So. 2d 318· Fla. 1st DCA· 2006-02-22 ·cited 2×
  Tony Evans Jr. petitioned for habeas corpus relief after a trial court found probable cause at an adversary preliminary hearing based solely on hearsay testimony. The Florida First District Court of Appeal granted the petition, holding that hearsay evidence alone cannot satisfy t
• Ranes v. State
  913 So. 2d 742· Fla. 4th DCA· 2005-11-02 ·cited 2×
  The trial court erred in denying the petition for writ of habeas corpus as successive when the prior petition was denied as legally insufficient, not on the merits.
• T.N. v. Portesy
  932 So. 2d 267· Fla. 2d DCA· 2005-10-07 ·cited 2×
  A juvenile detained for indirect criminal contempt after failing to comply with a Juvenile Drug Court Program agreement sought habeas corpus relief. The court held that while the contempt finding was proper, the specific sanctions imposed (placement at an addiction facility and r
• Jennings v. Crosby
  392 F. Supp. 2d 1312· N.D. Fla.· 2005-09-29 ·cited 2×
  The court denied the petition for a writ of habeas corpus, finding no violation of Brady or Strickland standards.
• Ned Guilford v. State
  908 So. 2d 588· Fla. 5th DCA· 2005-08-12 ·cited 2×
  The Florida District Court of Appeal dismissed a petition filed by Ned Guilford, clarifying a prior order that prohibited him from filing any further pro se pleadings challenging his convictions and sentences. The court found that Guilford's attempt to circumvent the prohibition
• Dollar v. State
  909 So. 2d 399· Fla. 5th DCA· 2005-08-12 ·cited 2×
  John and Linda Dollar petitioned for a writ of mandamus challenging the revocation of their bond in an aggravated child abuse case. The court treated their petition as one for habeas corpus and denied relief, finding the trial court properly considered statutory factors in denyin
• Grissinger v. State of Fla. & Rick Bradshaw
  905 So. 2d 982· Fla. 4th DCA· 2005-06-29 ·cited 2×
  The court held that a trial court must credit jail time served awaiting trial against a probationary period if the combined time would exceed the statutory maximum sentence for the offense.
• Silvio Andres Padilla v. State
  905 So. 2d 217· Fla. 3d DCA· 2005-05-11 ·cited 2×
  Silvio Padilla appeals a trial court's denial of his motion to correct an illegal sentence based on double jeopardy grounds. While the appellate court affirms the denial of his double jeopardy claim as barred by collateral estoppel, it addresses a sentencing error made by the tri
• Bargiel v. Colt Studio, Inc.
  901 So. 2d 315· Fla. 4th DCA· 2005-05-04 ·cited 2×
  The court held that incarceration for civil contempt was improper without sworn testimony, a finding of ability to pay, and an opportunity to comply with discovery orders.
• Curry v. Hadi
  903 So. 2d 242· Fla. 2d DCA· 2005-04-29 ·cited 2×
  John Curry, a detainee under Florida's Jimmy Ryce Act for civil commitment, appealed the dismissal of his habeas corpus petition challenging his confinement. Although the appellate court found the trial court erred in its rationale for dismissal, it affirmed because Curry's under
• Daniel v. Garrison
  894 So. 2d 308· Fla. 3d DCA· 2005-02-23 ·cited 2×
  Florida appellate court granted habeas corpus relief to petitioner jailed for civil contempt after he refused to answer questions in a garnishment proceeding, holding that the court lacked basis for contempt where petitioner was not a party, not subpoenaed, and denied due process
• Adams v. State
  900 So. 2d 598· Fla. 2d DCA· 2004-12-17 ·cited 2×
• Schiming v. State
  890 So. 2d 316· Fla. 5th DCA· 2004-12-10 ·cited 2×
  Ronald Schiming appeals the trial court's denial of his motion to correct an illegal sentence and prohibition on further pro se filings. The appellate court affirmed the trial court's order, finding Schiming's successive petitions constitute an abuse of the judicial system and pr
• Pearson v. State
  888 So. 2d 110· Fla. 3d DCA· 2004-11-24 ·cited 2×
  Frank Jerome Pearson appeals his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act. The appellate court affirmed the commitment order and certified a question of great public importance regarding whether jury instructions must specifically address an
• Rayl v. State
  891 So. 2d 1052· Fla. 2d DCA· 2004-09-17 ·cited 2×
  The court held that the trial court properly denied the motion for postconviction relief because the defendant's trial counsel was not ineffective for failing to object to a jury instruction on manslaughter, as manslaughter is a lesser included offense of second-degree murder.
• KEY v. State
  874 So. 2d 694· Fla. 4th DCA· 2004-05-26 ·cited 2×
  The court affirmed dismissal of a motion for relief from judgment seeking rehearing of a habeas corpus petition filed in the wrong circuit, but allowed refiling in the proper circuit.
• Jacek Robert Zatyka v. State
  872 So. 2d 285· Fla. 2d DCA· 2004-04-07 ·cited 2×
  Jacek Zatyka challenged his mandatory minimum three-year sentence for trafficking in phenethylamines as illegal under a prior case holding. The court affirmed the denial of his habeas corpus petition, finding that the mandatory minimum statute was constitutional and the prior cas
• Patterson v. State
  868 So. 2d 583· Fla. 4th DCA· 2004-02-18 ·cited 2×
  Court summarily affirmed dismissal of habeas corpus petition because Patterson sought belated appeal through improper procedure, and dismissed for lack of subject matter jurisdiction the appeal of an order denying relief from judgment, which was unauthorized under Florida Rules o
• Perez v. State
  864 So. 2d 1245· Fla. 5th DCA· 2004-01-30 ·cited 2×
  An untimely post-conviction relief motion, based on counsel's alleged failure to file, must be raised via a petition for writ of habeas corpus, not a rule 3.850 motion.
• Merced Rosado v. State
  864 So. 2d 533· Fla. 5th DCA· 2004-01-09 ·cited 2×
  Merced Rosado sought a writ of habeas corpus to obtain a belated appeal after his trial court's denial of a Rule 3.850 motion. He alleged that his attorney failed to file a notice of appeal despite his timely request, citing the attorney's demand for a fee. The court granted the
• Carswell v. Fla. Parole Comm'n
  861 So. 2d 532· Fla. 1st DCA· 2003-12-31 ·cited 2×
• Marrero v. State
  864 So. 2d 1131· Fla. 2d DCA· 2003-12-31 ·cited 2×
  Marrero sought relief for ineffective assistance of appellate counsel. The court granted his petition regarding his habitual felony offender (HFO) sentence, finding that appellate counsel should have challenged the sentence because the sentencing judge applied an incorrect versio
• Q.A. and J.B. v. Dep't OF Juv. Just.
  858 So. 2d 1230· Fla. 1st DCA· 2003-11-13 ·cited 2×
  Two juveniles committed to moderate-risk residential programs by the Department of Juvenile Justice sought habeas corpus relief because they were not placed in residential programs within five days of commitment, as required by Florida law. The court granted the petition as to J.
• Martorell I. Williams v. State
  855 So. 2d 1206· Fla. 5th DCA· 2003-10-10 ·cited 2×
  Martorell Williams petitioned for a writ of habeas corpus challenging a $1 million bail bond set for a first-degree murder charge. The Florida District Court of Appeal held that the trial court erred by failing to consider Williams' financial resources when setting bail, as requi
• Johnson v. State
  862 So. 2d 12· Fla. 2d DCA· 2003-09-12 ·cited 2×
  A prisoner's claim that an attorney failed to timely file a postconviction motion after agreeing to do so is cognizable in a petition for writ of habeas corpus.
• Sawyer v. Fla. Parole Comm'n
  851 So. 2d 256· Fla. 1st DCA· 2003-07-31 ·cited 2×
  The circuit court erred in denying the petition for writ of habeas corpus because it did not apply the correct law in upholding the Parole Commission's revocation.
• Napier v. Preslicka
  331 F.3d 1189· 11th Cir.· 2003-05-27 ·cited 2×
  The panel's interpretation of 42 U.S.C. § 1997e(e) to bar prisoner lawsuits for mental or emotional injury suffered during prior, unrelated arrests is an unjustified expansion of the statute. This interpretation conflicts with the PLRA's purpose, legislative history, and prior ci
• Curry v. State
  846 So. 2d 1189· Fla. 5th DCA· 2003-05-16 ·cited 2×
  The trial court correctly denied a petition for writ of habeas corpus filed in the wrong venue, as the proper procedure is a motion to correct sentencing in the court where the conviction and sentence were imposed.
• Derik Brian Lowery v. State
  834 So. 2d 411· Fla. 5th DCA· 2003-01-17 ·cited 2×
  The court held that habeas corpus is not a proper remedy for issues that could have been raised in a prior motion for post-conviction relief, nor is ineffective assistance of post-conviction counsel cognizable.