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

• Griffin v. McNeil
  667 F. Supp. 2d 1340· S.D. Fla.· 2009-10-15 ·cited 2×
  The court held that the petitioner's federal habeas corpus petition was not time-barred under the AEDPA's one-year statute of limitations due to continuous tolling during state post-conviction proceedings.
• M.W. v. Dep't OF Juv. Just.
  15 So. 3d 782· Fla. 1st DCA· 2009-07-17 ·cited 2×
  A juvenile challenges his secure detention based on a risk assessment instrument (RAI) that allegedly "double-scored" him for firearm possession—counting it once in the offense category and again as a separate aggravating circumstance. The court granted habeas corpus relief, find
• Brewster v. McNeil
  720 F. Supp. 2d 1369· S.D. Fla.· 2009-06-12 ·cited 2×
  The court held that passing bad checks, without additional facts evincing a scheme to defraud a financial institution or risk of loss, does not constitute bank fraud under Florida law.
• Finney v. State
  9 So. 3d 741· Fla. 2d DCA· 2009-04-24 ·cited 2×
  Sandra Lee Finney challenges her probation revocation and resulting incarceration, arguing she was denied her constitutional right to counsel at her initial plea hearing and subsequent probation violation hearing. The appellate court reverses, holding that an indigent defendant f
• Rigueiro v. State
  23 So. 3d 127· Fla. 4th DCA· 2009-04-22 ·cited 2×·via Writ Of Habeas Corpus
  Andres Rigueiro petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The court denied the petition, holding that Rigueiro's pro se motion for rehearing filed while represented by counsel was a nullity and therefore could not extend the two-
• COX v. State
  5 So. 3d 659· Fla.· 2009-03-12 ·cited 2×·via Federal Habeas Corpus
  Allen Ward Cox, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief challenging Florida's lethal injection protocol and related statutes. The Florida Supreme Court affirmed the denial, rejecting Cox's constitutional challenge
• Kelley v. State
  3 So. 3d 970· Fla.· 2009-01-22 ·cited 2×·via Writ Of Habeas Corpus
  William Kelley, convicted and sentenced to death in 1984 for a 1966 murder, appealed the trial court's denial of his successive postconviction motion under Rule 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial, holding
• Carter v. State
  1 So. 3d 253· Fla. 3d DCA· 2008-12-31 ·cited 2×
  Joseph Carter, a long-term prisoner who has filed numerous pro se motions over decades, was prohibited from filing further pro se appeals and pleadings without attorney representation after the court found he had not shown good cause to continue filing such motions.
• Lathio Jenkins v. State
  999 So. 2d 729· Fla. 3d DCA· 2008-12-31 ·cited 2×
  Lathio Jenkins appealed the trial court's summary denial of a Rule 3.800(a) motion seeking jail time credit for 234 days served after his 1994 sentencing for armed robbery. The court affirmed, holding that Rule 3.800(a) is not the proper vehicle for post-sentencing jail credit is
• Mata v. Al Lamberti
  993 So. 2d 642· Fla. 4th DCA· 2008-11-12 ·cited 2×
• Sparkman v. State
  994 So. 2d 504· Fla. 4th DCA· 2008-11-12 ·cited 2×
  The court held that the petitioner is entitled to habeas corpus relief because her financial resources and statutory criteria were not considered when setting her bond.
• M.G. v. Vershawn Berry
  998 So. 2d 634· Fla. 3d DCA· 2008-11-07 ·cited 2×
  M.G., a juvenile detained for grand theft auto, petitioned for habeas corpus release from secure detention. The court granted the petition, finding that while grand theft auto qualified as a detainable charge under Florida law, the trial court improperly added aggravating points
• Novel C. Eford v. State
  993 So. 2d 1170· Fla. 5th DCA· 2008-11-07 ·cited 2×
  The court held that appellate counsel was not ineffective for failing to raise the issue of the trial court's omission of justifiable and excusable attempted homicide instructions, as such an omission does not constitute fundamental error in this context.
• Zankman v. State
  992 So. 2d 365· Fla. 5th DCA· 2008-10-03 ·cited 2×
  Daniel Zankman sought habeas corpus relief alleging ineffective assistance of appellate counsel. The court granted his petition in part, finding that his appellate counsel's failure to examine the complete trial record before filing an Anders brief constituted ineffective assista
• Waymon Jenkins v. State
  990 So. 2d 702· Fla. 4th DCA· 2008-09-24 ·cited 2×
  Waymon Jenkins was convicted of manslaughter for shooting and killing the mother of his child during an argument. The Fourth District Court of Appeal granted his petition for writ of habeas corpus, finding that his appellate counsel was ineffective for failing to raise on direct
• Fisher v. State
  987 So. 2d 1235· Fla. 2d DCA· 2008-08-08 ·cited 2×
  Fisher was adjudicated guilty of robbery by sudden snatching pursuant to a plea agreement, but the State later moved to withdraw from the agreement after discovering the agreed-upon sentence was illegal. The court held that jeopardy had attached upon adjudication of guilt and the
• Coy Smith v. Fla. Parole Comm'n
  987 So. 2d 229· Fla. 4th DCA· 2008-07-30 ·cited 2×
  The court held that the petition for writ of habeas corpus challenging parole revocation was untimely filed.
• Ferrell v. Al Lamberti
  987 So. 2d 771· Fla. 4th DCA· 2008-07-25 ·cited 2×
  Warren Ferrell sought habeas corpus relief from incarceration pending violation of probation proceedings, claiming his probation was illegally imposed. The Florida Fourth District Court of Appeal granted the petition in part, directing the trial court to correct an illegal senten
• R.L. v. Behavioral
  987 So. 2d 140· Fla. 5th DCA· 2008-07-11 ·cited 2×
  R.L. sought habeas corpus relief alleging that Park Place Behavioral Health Care improperly administered medications without authorization by misusing Emergency Treatment Orders. The trial court denied the petition, and the appellate court affirmed, holding that R.L. failed to pr
• Cassidy v. McNeil
  621 F. Supp. 2d 1222· M.D. Fla.· 2008-06-24 ·cited 2×
  The court held that the state court's adjudication of Petitioner's claim regarding the pocketknife as a deadly weapon was not contrary to federal law and was based on a reasonable determination of the facts.
• Morris v. State
  978 So. 2d 259· Fla. 5th DCA· 2008-04-04 ·cited 2×
  Timothy Ivan Morris seeks habeas corpus relief from a Department of Corrections miscalculation of his sentence following a probation violation on his true split sentence. The Fifth District Court of Appeal agrees Morris is entitled to immediate release because DOC improperly deni
• Welling v. State
  975 So. 2d 1254· Fla. 4th DCA· 2008-03-12 ·cited 2×
  The court held that the petitioner's habitual offender sentence was not illegal, as it was a valid sentence authorized by the habitual offender statute, even though it was initially suspended.
• Watson v. State
  974 So. 2d 1168· Fla. 4th DCA· 2008-02-20 ·cited 2×
  The court held that convictions for battery on a law enforcement officer and resisting an officer with violence cannot stand when based on an illegal traffic stop, as the State cannot prove the 'lawful execution' element.
• Gallo v. Al Lamberti
  972 So. 2d 305· Fla. 4th DCA· 2008-01-23 ·cited 2×
  Jonathan Gallo sought habeas corpus relief to challenge his pretrial detention on a second-degree murder charge. The court denied his petition, holding that the state presented sufficient evidence to meet the constitutional threshold for denying bail, as the proof of guilt was ev
• Schwab v. McDonough
  521 F. Supp. 2d 1338· M.D. Fla.· 2007-11-14 ·cited 2×·via Federal Habeas Corpus
  The court granted the motion to stay execution, pending the Supreme Court's decision in Baze v. Rees, due to the significant possibility of success on the merits of the lethal injection challenge.
• Hannon v. Sec'y, Dep't of Corr.
  622 F. Supp. 2d 1169· M.D. Fla.· 2007-10-23 ·cited 2×
  The court held that the petitioner failed to demonstrate that the state court's rejection of his ineffective assistance of counsel claim was contrary to or an unreasonable application of federal law.
• E.D. v. State
  966 So. 2d 994· Fla. 5th DCA· 2007-10-01 ·cited 2×·via Writ Of Habeas Corpus
  E.D., a juvenile detained on burglary and theft charges, sought habeas corpus relief claiming illegal detention beyond the statutory 21-day limit. The Florida Fifth District Court of Appeal upheld the trial court's denial of release, finding the State demonstrated adequate good c
• 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
• Sutton v. State
  963 So. 2d 858· Fla. 5th DCA· 2007-08-10 ·cited 2×·via Writ Of Habeas Corpus
  David Q. Sutton, II, a former juvenile defendant convicted as an adult, filed a habeas corpus petition claiming his conviction was void because the State failed to file a delinquency petition and treat him as a juvenile. The Fifth DCA dismissed the petition as an improper collate
• 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×
• Barnes v. State
  958 So. 2d 961· Fla. 1st DCA· 2007-04-30 ·cited 2×·via Writ Of Habeas Corpus
  The appellate court affirmed the dismissal of the habeas corpus petition because it failed to state a facially sufficient claim under the relevant rules for postconviction relief.
• 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
• Narducci v. State
  952 So. 2d 622· Fla. 4th DCA· 2007-04-02 ·cited 2×·via Habeas Corpus Review
  The appellate court held that the trial court abused its discretion by denying a bond reduction based on the nature of the offense rather than legally relevant factors, effectively denying bail.
• 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×
• T.M. v. Dobuler
  959 So. 2d 279· Fla. 3d DCA· 2007-02-07 ·cited 2×·via Writ Of Habeas Corpus
• Kervin Juste v. State
  946 So. 2d 102· Fla. 5th DCA· 2007-01-03 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the trial court erred by not setting pretrial release conditions when the state did not file a motion for pretrial detention.
• 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