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

• 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 The court found that the later, more specific game protection laws superseded the board's implied authority.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,
• 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
• 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. 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
• Pleadro J. Scott v. Warden Mr. Ronnie Quinn
  Fla. 3d DCA· 2026-03-25 ·cited 2×·via Writ Of Habeas Corpus
  The petition for a writ of habeas corpus is dismissed as untimely.
• 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.
• Randolph v. State of Fla. & Richard Barry Randolph v. Sec'y
  403 So. 3d 206· Fla.· 2025-11-13 ·cited 2×·via Writ Of Habeas Corpus
  Richard Barry Randolph was convicted and sentenced to death in 1988 for the brutal murder of a convenience store manager. Following issuance of a death warrant with an execution date of November 20, 2025, Randolph filed his fourth successive postconviction motion raising three cl
• 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.
• James v. Sec'y, Dep't of Corr.
  130 F.4th 1291· 11th Cir.· 2025-03-13 ·cited 2×·via Federal Habeas Corpus
  The court denied the motion to stay execution, finding no substantial likelihood of success on the merits for the petitioner's claims regarding the denial of his Rule 60(b) motion and his post-judgment motion to amend.
• 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.
• Cuffy v. Dixon
  2021 WL 247917· S.D. Fla.· 2023-09-27 ·cited 2×·via Petition For Writ Of Habeas Corpus
  A resentencing order that is nunc pro tunc to the original judgment does not create a 'new judgment' for purposes of filing a second or successive federal habeas corpus petition.
• Crowell v. State
  371 So. 3d 1002· Fla. 5th DCA· 2023-09-22 ·cited 2×
  A successive petition for writ of habeas corpus that fails to establish illegal detention or manifest injustice must be dismissed as unauthorized.
• Gonzalez v. United States
  2023 WL 4110233· S.D. Fla.· 2023-07-05 ·cited 2×·via Habeas Corpus Petition
  A federal prisoner cannot use the § 2241 saving clause to circumvent the bar on second or successive § 2255 motions when the claim arises from a new interpretation of statutory law.
• Ferguson v. Comm'r, Ala. Dep't of Corr.
  69 F.4th 1243· 11th Cir.· 2023-06-07 ·cited 2×·via Federal Habeas Corpus
  Thomas Dale Ferguson, an Alabama death row inmate, challenged his death sentence by arguing that he was intellectually disabled under *Atkins v. Virginia* and that his trial counsel provided ineffective assistance in violation of the Sixth Amendment. The Eleventh Circuit affirmed
• 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
• 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.
• Dorrielan v. ICE / U.S. Immigration and Customs Enforcement
  2020 WL 6541994· S.D. Fla.· 2023-01-31 ·cited 2×·via Habeas Corpus Petition
  The Court denied Petitioner's motion for release because the preliminary injunction he relied upon was vacated.
• 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.
• Chatman v. Warden, FCC Coleman - Medium
  2018 WL 795732· M.D. Fla.· 2022-03-08 ·cited 2×·via Habeas Corpus Petition
  The court held that a federal inmate cannot use a § 2241 petition to challenge his sentence when § 2255 is an adequate remedy.
• La-Casse v. Inch
  Fla. 3d DCA· 2021-07-28 ·cited 2×·via Writ Of Habeas Corpus
  Luis La-Casse filed a frivolous habeas corpus petition in the Florida Third District Court of Appeal, continuing a pattern of meritless pro se filings despite prior warnings. The court ordered La-Casse to show cause why he should not be prohibited from filing further pro se petit
• 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.
• Doland v. State
  310 So. 3d 1051· Fla. 2d DCA· 2020-10-28 ·cited 2×
  The appellate court reversed a lower court's dismissal of a habeas corpus petition. The court agreed that the Department of Corrections improperly reduced the appellant's jail credit, which was contrary to the original plea agreement and sentencing.
• 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