Habeas Corpus

18,787 Florida cases classified under this topic, plus 3,112 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Carroll v. Merritt
  91 Fla. 893· Fla.· 1926-05-11 ·cited 4×
  In a habeas corpus proceeding, the Florida Supreme Court upheld the conviction of Howard Carroll for unlawful possession of alcoholic beverages, rejecting his argument that the information was deficient for failing to allege that possession was for sale or to negate statutory exc
• The State of Fla. ex rel. Jesse Cohen v. Wingate
  85 Fla. 42· Fla.· 1923-01-10 ·cited 4×·via Writ Of Habeas Corpus
  Jesse Cohen petitioned for habeas corpus claiming wrongful detention by the Sheriff of Manatee County after his criminal trial was continued. The Florida Supreme Court held that while the bond amount may have been excessive, Cohen was not entitled to discharge without bail, and t
• Quigg v. State
  84 Fla. 164· Fla.· 1922-08-02 ·cited 4×
  The Florida Supreme Court affirmed a lower court decision discharging a jitney bus operator from custody, holding that while Miami's charter granted the city power to license, control, and regulate jitney buses, it did not authorize a complete prohibition of their operation on ci
• Cary v. Cary Ellis
  78 Fla. 186· Fla.· 1919-07-30 ·cited 4×
  R. M. Cary challenges his arrest under a Pensacola city ordinance requiring all buildings where people live, congregate, or conduct business to have sanitary privies connected to sewers. The Florida Supreme Court holds the ordinance void as arbitrary and unreasonable because it m
• Paxon v. Moran
  76 Fla. 463· Fla.· 1918-11-19 ·cited 4×
  This case concerns the validity of an arrest warrant served in a county different from where it was issued. The Florida Supreme Court held that a warrant, initially invalid for service in another county due to lack of endorsement, became valid after being properly endorsed, allow
• Foster v. Perry
  71 Fla. 155· Fla.· 1916-02-15 ·cited 4×
  Tom Foster was mistakenly tried and convicted in place of Jesse Messer, the actual defendant charged with illegal liquor sales. The Florida Supreme Court held that Foster's conviction was void because he was never charged with any offense, violating due process, and ordered his r
• Welch v. State
  69 Fla. 21· Fla.· 1915-01-15 ·cited 4×
  The Florida Supreme Court upheld a statute punishing desertion of wife and child, rejecting a constitutional challenge that the statute's title was too narrow to encompass provisions punishing withholding of means of support. The court held that 'desertion' properly includes both
• Ex parte Edmondson
  68 Fla. 53· Fla.· 1914-06-30 ·cited 4×·via Writ Of Habeas Corpus
  In this habeas corpus proceeding, the Florida Supreme Court discharged petitioners who were held in contempt for causing executions to be levied on logs that had already been sold and delivered by a court-appointed receiver to a purchaser. The court held that levying executions o
• Carter v. State
  65 Fla. 347· Fla.· 1913-04-01 ·cited 4×
  Albert A. Carter, a fugitive from New York arrested in Florida under an assumed name, sought habeas corpus relief challenging his extradition. The Florida Supreme Court affirmed the lower court's order remanding him to New York, holding that the identity of the fugitive was estab
• Logan v. Childs
  51 Fla. 233· Fla.· 1906-01-01 ·cited 4×
  The court affirmed a lower court's denial of a habeas corpus petition. The petitioner sought release from arrest for violating a city ordinance requiring the removal of an open closet, arguing the ordinance was unconstitutional. The court found the ordinance valid and not in conf
• Hart v. Cotten
  44 Fla. 172· Fla.· 1902-01-01 ·cited 4×
  Sarah Hart sought a writ of error challenging a Circuit Court order in a habeas corpus case concerning custody of an infant. The Florida Supreme Court dismissed the writ because the transcript was not certified according to applicable rules and because the lower court's order was
• Roberts v. State
  27 Fla. 244· Fla.· 1891-01-01 ·cited 4×
  The Florida Supreme Court reversed a lower court's decision to remand a habeas corpus case, finding that the lower court lacked jurisdiction due to an insufficient statement of disqualification by the original judge. The case highlights the procedural requirements for transferrin
• Ex-parte James S. Martini
  23 Fla. 343· Fla.· 1887-06-01 ·cited 4×
  This case concerns a prisoner challenging his sentence for allowing minors to gamble. The court determined that the sentence, which offered an alternative of paying a fine or performing street labor, was void for uncertainty and exceeded the court's authority. The prisoner was di
• Ex parte Robert W. White. On Petition for a Mandamus
  4 Fla. 165· Fla.· 1851-01-01 ·cited 4×·via Writ Of Habeas Corpus
  The Florida Supreme Court considered whether it had original jurisdiction to issue a writ of mandamus. The Court held that its original jurisdiction is limited to issuing certain remedial writs to maintain general superintendence and control over other courts, and not for general
• McMillian v. Dixon
  2022 WL 17668456· N.D. Fla.· 2026-02-06 ·cited 3×·via Habeas Corpus Petition
  Anthony McMillian's 28 U.S.C. §2254 habeas corpus petition was dismissed as untimely. The district court adopted the magistrate judge's recommendation that the petition failed to comply with the statute of limitations, which began running at the end of the 30-day period for seeki
• Marquetti v. Sec'y, Dep't of Corr. (Hillsborough County)
  2021 WL 1853655· M.D. Fla.· 2025-08-18 ·cited 3×
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, as it was filed years after the one-year limitation period expired, and equitable tolling or actual innocence exceptions did not apply.
• Lorusso v. State
  2025 WL 1592302· N.D. Fla.· 2025-06-30 ·cited 3×
  The court held that the petition for writ of habeas corpus should be dismissed as duplicative of a pending petition.
• Leach v. State
  406 So. 3d 272· Fla. 3d DCA· 2025-01-02 ·cited 3×·via Writ Of Habeas Corpus
  A habeas corpus petition based on claimed manifest injustice in a 1985 conviction does not qualify for relief absent circumstances falling within the narrow category of manifest injustice exceptions.
• Griffin v. Sec'y, Dep't of Corr.
  2024 WL 964197· M.D. Fla.· 2024-10-21 ·cited 3×
  The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because he failed to demonstrate entitlement to equitable tolling.
• Lucious Boyd v. Sec'y, Dep't of Corr.
  114 F.4th 1232· 11th Cir.· 2024-08-28 ·cited 3×·via Federal Habeas Corpus
  A district court lacks jurisdiction to grant a motion to amend a federal habeas petition after a final judgment has been entered and an appeal is pending, as such a motion is properly characterized as a second or successive petition requiring prior authorization from the court of
• Sweet v. Dixon
  2023 WL 7110349· N.D. Fla.· 2024-08-19 ·cited 3×
  A district court lacks jurisdiction to consider a second or successive § 2254 petition unless the petitioner has first obtained authorization from the appropriate appellate court.
• Bowen v. Sec'y, Fla. Dep't of Corr.
  92 F.4th 1328· 11th Cir.· 2024-02-15 ·cited 3×·via Habeas Corpus Petition
  The Eleventh Circuit held that the district court erred in granting habeas relief because reasonable jurists could disagree on whether placing the suspect in a room with another suspect constituted interrogation under Miranda, thus the state court's decision was not an unreasonab
• Williams v. Dixon
  N.D. Fla.· 2024-02-12 ·cited 3×·via Federal Habeas Corpus
  The court held that the case should be dismissed because the claims are barred by the statute of limitations and the plaintiff failed to fully disclose his litigation history.
• Ingram v. Warden, Holman Correctional Facility
  80 F.4th 1304· 11th Cir.· 2023-09-06 ·cited 3×·via Federal Habeas Corpus
  The Eleventh Circuit affirmed the denial of federal habeas corpus relief, holding that the state court's determination that the petitioner failed to demonstrate prejudice from his attorneys' alleged ineffective assistance was not an unreasonable application of Supreme Court prece
• Forbes v. Fla. Dep't of Corr.
  S.D. Fla.· 2023-03-28 ·cited 3×
  The district court dismissed the petition for writ of habeas corpus because it was second or successive and the petitioner failed to obtain authorization from the Eleventh Circuit to file it.
• N.H. v. State
  358 So. 3d 477· Fla. 5th DCA· 2023-03-27 ·cited 3×
  There was sufficient probable cause to find that a minor violated Florida Statute 836.10(2)(a) by placing a written threat to kill on her desk in a public school classroom in plain view of a teacher. The statute prohibits sending, posting, or transmitting a written threat in any
• Alcazar v. State
  Fla. 3d DCA· 2023-03-08 ·cited 3×
  The court considered whether a defendant's actions in soliciting a hitman, providing victim information, and making a down payment constituted an overt act sufficient for attempted first-degree murder. The court held that these actions did rise to the level of overt acts, disting
• Lagerstrom v. Sec'y Dep't of Corr.
  2020 WL 905234· S.D. Fla.· 2023-02-17 ·cited 3×·via Petition For Writ Of Habeas Corpus
  The court adopted the Magistrate Judge's report and recommendation, denying the petition for a writ of habeas corpus.
• Brown v. United States
  2022 WL 3544312· S.D. Fla.· 2023-02-16 ·cited 3×·via Habeas Corpus Petition
  The court held that a petitioner must exhaust administrative remedies with the Bureau of Prisons before filing a § 2241 petition, even if on supervised release.
• 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
• Blackmon v. Sec'y, Dep't of Corr.
  34 F.4th 1014· 11th Cir.· 2022-05-19 ·cited 3×·via Habeas Corpus Petition
  The Eleventh Circuit affirmed the district court's denial of Blackmon's habeas petition, finding no violation of clearly established federal law regarding ineffective assistance of counsel.
• 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.
• Davis v. Lane
  M.D. Fla.· 2020-12-14 ·cited 3×·via Habeas Corpus Petition
  The court denied the motion for reconsideration because the petitioner failed to present newly discovered evidence or demonstrate manifest errors of law or fact, and his claim for transfer to home confinement is not cognizable under 28 U.S.C. § 2241.
• 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
• Lonzo Lee Sparrow, Jr. v. State
  240 So. 3d 841· Fla. 5th DCA· 2018-03-07 ·cited 3×·via Writ Of Habeas Corpus
  The Florida Fifth District Court of Appeal granted a habeas corpus petition challenging a trial court's authority to detain a defendant pending a hearing on the source of bail funds (a Nebbia hold). The court held that while trial courts may inquire into the source of bail funds
• 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,
• Beeman v. United States
  871 F.3d 1215· 11th Cir.· 2017-09-22 ·cited 3×·via Habeas Corpus Petition
  The dissenting judge believes the majority erred in dismissing the appellant's Johnson claim. The dissent argues that the appellant adequately demonstrated he was sentenced under the ACCA's residual clause and that his aggravated assault conviction in Georgia does not qualify as
• 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
• 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
• 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.