Habeas Corpus

18,792 Florida cases classified under this topic, plus 3,111 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• 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.
• Ward v. State
  133 So. 3d 1210· Fla. 1st DCA· 2014-03-12 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from making future pro se filings concerning the specific case due to abuse of the legal process through repeated attacks on his conviction and sentence.
• 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of his habeas corpus petition challenging the non-award of credit for time previously served when his probation was revoked and he was resentenced.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.
• Josef Williams v. Crews
  111 So. 3d 301· Fla. 1st DCA· 2013-04-22 ·cited 2×
  Josef Williams petitioned for a writ of prohibition to prevent transfer of his habeas corpus petition to his sentencing court, claiming the sentencing judge failed to take the required oath of office. The Florida District Court of Appeal denied the petition, holding that habeas c
• Ward v. State
  111 So. 3d 225· Fla. 2d DCA· 2013-04-10 ·cited 2×
  Michael Ward, civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act, challenged his commitment by writ of habeas corpus, arguing that res judicata and collateral estoppel barred the 2011 commitment proceeding based on unsuccessful commitment attempts in
• Norman v. State
  110 So. 3d 472· Fla. 4th DCA· 2013-03-06 ·cited 2×
• Kendrick S. Wilson v. State
  109 So. 3d 240· Fla. 4th DCA· 2013-01-30 ·cited 2×·via Writ Of Habeas Corpus
  The Fourth District Court of Appeal affirmed the trial court's denial of appellant's untimely and successive motion for post-conviction relief, finding his complaints about the prosecutor's process in taking sworn testimony before filing the information were improper, untimely, a
• McCRAY v. State
  104 So. 3d 1201· Fla. 2d DCA· 2012-12-07 ·cited 2×
  Reginald McCray appeals the trial court's dismissal with prejudice of his habeas corpus petition, which functioned as his first postconviction proceeding. The court reversed, holding that a premature habeas petition filed as postconviction relief should not be dismissed with prej
• Gerry B. Greene v. Tucker
  113 So. 3d 45· Fla. 2d DCA· 2012-11-28 ·cited 2×
  Greene petitioned for a writ of certiorari challenging the circuit court's denial of his habeas corpus petition, which sought restoration of gain time forfeited when the Florida Parole Commission revoked his conditional release. The court held that restoration of forfeited gain t
• Isaiah Cameron v. State of Fla. & Al Lamberti
  127 So. 3d 549· Fla. 4th DCA· 2012-10-31 ·cited 2×
  Isaiah Cameron sought habeas corpus relief to reinstate his original bond conditions after the trial court sua sponte added supervision requirements and no-contact provisions following his restoration to competency. The Fourth District Court of Appeal granted the writ, holding th
• Khambriel Fluker v. Buss
  112 So. 3d 503· Fla. 3d DCA· 2012-10-17 ·cited 2×
  Appellate counsel was ineffective for failing to argue an erroneous jury instruction, requiring a new trial.
• Green v. Tucker
  101 So. 3d 358· Fla.· 2012-10-04 ·cited 2×
  The court held that the inmate's petition was procedurally barred and frivolous, warranting sanctions.
• Faella v. State
  90 So. 3d 995· Fla. 5th DCA· 2012-06-27 ·cited 2×·via Writ Of Habeas Corpus
  A trial court cannot sua sponte increase a defendant's bond without notice and a showing of good cause or changed circumstances.
• Gaffney v. Tucker
  94 So. 3d 556· Fla.· 2012-06-07 ·cited 2×
  The Florida Supreme Court affirmed its dismissal of an inmate's habeas corpus petition as unauthorized and imposed sanctions prohibiting him from filing further pro se pleadings related to his criminal case without counsel certification, finding his pattern of frivolous filings w
• Luckey v. State
  84 So. 3d 423· Fla. 5th DCA· 2012-03-30 ·cited 2×
  Defendant's appeal of denial of postconviction relief motion was affirmed; claims of ineffective postconviction counsel must be raised via habeas corpus petition in trial court, not on direct appeal.
• Soto v. State
  89 So. 3d 263· Fla. 3d DCA· 2012-03-07 ·cited 2×·via Writ Of Habeas Corpus
  A trial court cannot revoke pretrial release once granted if there has been no change in circumstances or additional evidence presented.
• Hall v. State
  85 So. 3d 1116· Fla. 4th DCA· 2012-03-07 ·cited 2×
  Andre Hall appealed the denial of his habeas corpus petition challenging his conviction based on alleged false testimony by a detective regarding Miranda warnings and prosecutor misconduct. The appellate court reversed and remanded, finding that while habeas relief was improper,
• S.G. v. Vurro
  77 So. 3d 897· Fla. 2d DCA· 2012-01-20 ·cited 2×
  S.G., a juvenile, was sentenced to five days in secure detention for indirect criminal contempt of a truancy order. The Florida appellate court held that this detention was illegal because children who violate truancy orders are classified as "children in need of services" rather
• Ward v. State
  75 So. 3d 348· Fla. 1st DCA· 2011-11-16 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from making future pro se filings concerning the specific case due to abuse of the legal process through repeated attacks on his conviction and sentence.
• Guzman v. Sec'y, Dep't OF Corr., Fla. Attorney Gen.
  661 F.3d 602· 11th Cir.· 2011-10-27 ·cited 2×
  James Guzman was convicted of murder and armed robbery based largely on testimony from Martha Cronin, a key state witness, who testified that Guzman confessed to killing David Colvin. Both Cronin and Detective Allison Sylvester testified falsely at trial that Cronin received no b
• Donovan v. Fla. Parole Comm'n
  72 So. 3d 339· Fla. 2d DCA· 2011-10-26 ·cited 2×
• Mehl v. Tucker
  71 So. 3d 248· Fla. 2d DCA· 2011-10-12 ·cited 2×
  The court denies the petition for writ of certiorari because the law changed during the pendency of the appeal and the petitioner may refile in the appropriate circuit.
• Taylor v. Fla. Parole Comm'n
  75 So. 3d 307· Fla. 1st DCA· 2011-10-06 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the Parole Commission abused its discretion in revoking Petitioner's supervision, constituting a miscarriage of justice.
• Neal v. State
  65 So. 3d 66· Fla. 1st DCA· 2011-06-08 ·cited 2×
  The court dismissed Neal's habeas corpus petition and imposed sanctions prohibiting him from filing future pro se pleadings without Bar counsel signature, citing his pattern of frivolous filings.
• Watkins v. Al Lamberti
  82 So. 3d 825· Fla. 4th DCA· 2011-03-25 ·cited 2×·via Habeas Corpus Petition
  In this habeas corpus petition challenging pretrial detention, the Florida Fourth District Court of Appeal upheld the trial court's denial of bond for a defendant charged with solicitation of premeditated murder. Although criminal solicitation of murder is not listed as a dangero
• Graham v. Fla. Parole Comm'n & Edwin G. Buss
  58 So. 3d 316· Fla. 1st DCA· 2011-03-16 ·cited 2×
  A parole revocation cannot be based solely on hearsay evidence; there must be some direct evidence in addition to the hearsay.
• Santiago-Lebron v. Fla. Parole Comm'n
  767 F. Supp. 2d 1340· S.D. Fla.· 2011-02-23 ·cited 2×
  The court affirmed the magistrate judge's report, denying the habeas corpus petition because the Bureau of Prisons' cancellation of the Spanish RDAP program did not violate the petitioner's constitutional rights.
• Leighton v. State
  55 So. 3d 675· Fla. 5th DCA· 2011-02-23 ·cited 2×
  James Keith Leighton, a 23-year-old with minimal assets, challenged a $1.6 million bail set in his attempted first-degree murder case as excessive and tantamount to no bond. The Florida Fifth District Court of Appeal granted his habeas petition, holding that the bail amount was e
• Minnich v. State
  130 So. 3d 695· Fla. 1st DCA· 2011-01-28 ·cited 2×
  Minnich challenges his 2006 conviction for attempted second-degree murder via habeas corpus, arguing that the jury instruction on attempted manslaughter by act contained fundamental error under the newly-decided Montgomery standard. The court grants the petition, finding that bec
• Marts v. State
  59 So. 3d 136· Fla. 1st DCA· 2011-01-24 ·cited 2×
  The court held that a petition for writ of habeas corpus is dismissed because it cannot be used to litigate issues that could have been raised on direct appeal or in postconviction motions. Furthermore, the petitioner is barred from future pro se filings due to abuse of the legal
• Smith v. State
  50 So. 3d 1214· Fla. 4th DCA· 2010-12-29 ·cited 2×·via Habeas Corpus Petition
  The court held that the defendant's motion for post-conviction relief was properly denied as untimely and successive, and warned against further abuse of the process.
• Welch v. Theodorides-Bustle
  234 F. Supp. 171· N.D. Fla.· 2010-11-17 ·cited 2×
• Jackson v. State
  47 So. 3d 378· Fla. 5th DCA· 2010-11-12 ·cited 2×·via Writ Of Habeas Corpus
• A.D. v. State
  45 So. 3d 575· Fla. 4th DCA· 2010-10-22 ·cited 2×
  A juvenile petitioned for habeas corpus relief after being placed in secure detention despite scoring nine points on a risk assessment instrument that called for only nonsecure detention. The court granted the petition because the circuit court failed to make written findings sup
• Wyon Dale Childers v. Floyd
  608 F.3d 776· 11th Cir.· 2010-06-08 ·cited 2×
  Wyon Dale Childers was convicted of bribery and unlawful compensation based primarily on testimony from Willie Junior, a co-conspirator who received a favorable plea agreement in exchange for cooperation. The trial court prohibited Childers from cross-examining Junior about the E
• Branch v. McDonough
  779 F. Supp. 2d 1309· N.D. Fla.· 2010-03-30 ·cited 2×
  The court held that the petitioner's claims of ineffective assistance of counsel and other errors were without merit, as the trial was fair and the evidence overwhelming.
• Carbonell v. Dep't OF Revenue
  30 So. 3d 664· Fla. 5th DCA· 2010-03-18 ·cited 2×
  The court held that the contempt order was invalid because it failed to make specific factual findings regarding the petitioner's present ability to pay the purge amount.
• Jimel Cofer v. State of Fla. & Fla. Parole Comm'n
  28 So. 3d 927· Fla. 4th DCA· 2010-02-10 ·cited 2×
  Jimel Cofer sought certiorari review of a circuit court order denying his habeas corpus petition challenging the Florida Parole Commission's revocation of his conditional release supervision. The Fourth District found that procedural due process was violated when Cofer was not gi
• Best v. State
  28 So. 3d 134· Fla. 5th DCA· 2010-02-05 ·cited 2×
  Dwight Best sought habeas corpus relief challenging a $320,000 bail set in his criminal case. The Florida appellate court granted the petition, finding that the trial judge had abused its discretion by setting bail intentionally unattainable based on the defendant's financial cir
• J.T.F. v. Housel
  37 So. 3d 279· Fla. 4th DCA· 2010-02-03 ·cited 2×·via Writ Of Habeas Corpus
  J.T.F., a detained juvenile, petitioned for habeas corpus relief, alleging illegal detention resulting from the court stacking detention time in violation of Florida law. The court agreed that the detention was improperly calculated but denied the petition as moot because the chi
• Perrys v. State
  22 So. 3d 740· Fla. 1st DCA· 2009-11-13 ·cited 2×·via Writ Of Habeas Corpus
  Perrys sought habeas corpus relief challenging his revocation of pretrial release. The court held that although Perrys was not entitled to immediate release, he was entitled to notice and a hearing in the trial court before his pretrial release could be revoked, even though the r