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

• N.C. v. Anderson
  837 So. 2d 425· Fla. 4th DCA· 2002-09-18 ·cited 2×
  Failing to require oral pronouncement of a disposition does not violate due process because a defendant can still object via a post-sentence motion.
• Jongewaard v. State
  824 So. 2d 1009· Fla. 5th DCA· 2002-08-30 ·cited 2×
  The court held that the petitioner was improperly classified as a conditional releasee because he did not meet the statutory requirement of having served at least one prior felony commitment. Therefore, his re-incarceration for violating the terms of that release was unlawful.
• Brown v. State
  826 So. 2d 1047· Fla. 5th DCA· 2002-08-23 ·cited 2×
  Petitioner's habeas corpus petition seeking reinstatement of a post-conviction appeal was dismissed as successive, abusive of procedure, and untimely under Florida Rule of Appellate Procedure 9.141.
• Guglielmo v. State
  817 So. 2d 1072· Fla. 5th DCA· 2002-06-07 ·cited 2×
  Mark Guglielmo, convicted of second-degree murder following a guilty plea, appeals the trial court's denial of his habeas corpus petition seeking the right to file a belated Rule 3.850 motion claiming ineffective assistance of counsel. The Fifth District Court of Appeal affirmed
• Isaiah Graham v. State
  826 So. 2d 361· Fla. 2d DCA· 2002-05-10 ·cited 2×·via Writ Of Habeas Corpus
  Isaiah Graham sought habeas corpus relief from pretrial detention under Florida's Jimmy Ryce Act, challenging a probable cause determination based on unsworn allegations. The court granted the petition, holding that the ex parte probable cause determination must be supported by s
• McCONNELL v. Moore
  819 So. 2d 838· Fla. 1st DCA· 2002-05-09 ·cited 2×
  The court held that a prior ruling in Gomez v. Singletary binds inmates on the calculation of emergency gain-time, and the petitioner failed to allege facts entitling him to relief for periods after November 30, 1995.
• Williams v. State
  816 So. 2d 718· Fla. 1st DCA· 2002-05-02 ·cited 2×·via Writ Of Habeas Corpus
  Williams petitions for a writ of habeas corpus claiming ineffective assistance of appellate counsel, but his petition is time-barred under Florida Rule of Appellate Procedure 9.141(c)(4)(B). He argues that his retained attorney's negligence caused the untimely filing. The court,
• Israel v. Jenne
  814 So. 2d 1215· Fla. 4th DCA· 2002-04-25 ·cited 2×
  The Florida Fourth District Court of Appeal granted habeas corpus relief to a civil contempt detainee, finding that the trial court's contempt order lacked sufficient factual findings regarding the petitioner's actual ability to pay purported contempt sanctions, particularly wher
• Fredrick Johnson v. State
  813 So. 2d 230· Fla. 1st DCA· 2002-04-04 ·cited 2×
  The court granted Johnson's petition for a belated appeal of an order denying post-conviction relief, holding that the appellate court has jurisdiction under Florida Rule of Appellate Procedure 9.141(c) to permit late notice of appeal when counsel inadvertently failed to file tim
• McBRIDE v. State of Fla. & Ken Jenne
  811 So. 2d 783· Fla. 4th DCA· 2002-03-13 ·cited 2×·via Writ Of Habeas Corpus
  The trial court lacks jurisdiction over the petitioner's alleged violation of aftercare because aftercare was never ordered in the instant case.
• Steele v. State
  809 So. 2d 8· Fla. 5th DCA· 2001-12-21 ·cited 2×
  The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding sufficient evidence that the attorney did not agree to represent the petitioner in a post-conviction motion.
• Mediate v. State
  804 So. 2d 472· Fla. 5th DCA· 2001-11-30 ·cited 2×
  The court held that laches cannot bar a belated post-conviction relief motion when the delay is due to the attorney's failure to file within the time limits, as established by Steele and Medrano.
• Lyons v. State
  797 So. 2d 1271· Fla. 1st DCA· 2001-10-26 ·cited 2×·via Writ Of Habeas Corpus
• Mahlard K. Boyd v. State
  801 So. 2d 116· Fla. 4th DCA· 2001-10-24 ·cited 2×
  Rule 3.050 can be used to extend the deadline for filing post-conviction relief motions under rule 3.850.
• Salser v. State
  792 So. 2d 693· Fla. 5th DCA· 2001-08-31 ·cited 2×
  Gene Allen Salser appealed the summary denial of his belated motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. The appellate court reversed because the trial court lacked jurisdiction to consider the merits of the motion without first conducting a
• D.H. v. Enoc Esteves
  790 So. 2d 1275· Fla. 4th DCA· 2001-08-15 ·cited 2×
  A juvenile detainee challenges his 21-day secure detention order, arguing that Florida law authorizes extended detention only for absconders from a "probation program," not mere "probation." The court holds that "probation" and "probation program" are functionally equivalent unde
• Holloway v. State
  792 So. 2d 588· Fla. 5th DCA· 2001-08-10 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus is denied because the petitioner's bail had already been set and he did not properly seek a reduction.
• McKIRE v. Moore
  826 So. 2d 1023· Fla. 3d DCA· 2001-07-05 ·cited 2×
• Cupon v. State
  789 So. 2d 1121· Fla. 1st DCA· 2001-06-26 ·cited 2×
  Jose Cupón petitions for habeas corpus relief, challenging inconsistent outcomes in his escape conviction and that of his co-defendant Villegas Alen. The court denies the petition, holding that habeas corpus relief is limited to circumstances where appellate courts reach inconsis
• Martin v. State
  789 So. 2d 432· Fla. 4th DCA· 2001-06-20 ·cited 2×
  Anthony Martin petitioned for a writ of habeas corpus to reinstate two criminal appeals that were dismissed for failure to pay filing fees after his indigency claim was denied. The court rejected his petition, holding that habeas corpus is not an appropriate vehicle to challenge
• Moment v. State
  785 So. 2d 717· Fla. 4th DCA· 2001-05-23 ·cited 2×
  The court held that appellate counsel was ineffective for failing to supplement the record with the probation order, which lacked the condition for random drug testing.
• Paley v. Bieluch
  785 So. 2d 692· Fla. 4th DCA· 2001-05-16 ·cited 2×
  Steven Paley petitioned for a writ of habeas corpus seeking release from incarceration pending extradition to Georgia on an outstanding warrant. The Florida Fourth District Court of Appeal denied his petition, holding that the statutory 30-60 day detention limit for fugitives is
• Bell v. State
  787 So. 2d 120· Fla. 2d DCA· 2001-04-20 ·cited 2×
  Petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied without prejudice, with the court directing Bell to pursue relief through a motion to correct sentence under Florida Rule of Criminal Procedure 3.800(a) regarding concurrent sentence
• Vereen v. State
  784 So. 2d 1183· Fla. 5th DCA· 2001-04-06 ·cited 2×
  Marlon Vereen appealed the denial of his habeas corpus petition, alleging that the Department of Corrections retaliated against him by eliminating gain time credits after he filed an earlier petition with the Florida Supreme Court. The appellate court denied the petition, finding
• Hunter v. Moore
  781 So. 2d 491· Fla. 1st DCA· 2001-03-27 ·cited 2×
  Richard Lee Hunter petitioned for a writ of habeas corpus claiming violation of his speedy trial rights due to the state's failure to retry him within 90 days of a federal district court's order granting him a new trial based on ineffective assistance of counsel. The Florida Dist
• Miller v. Jenne
  780 So. 2d 241· Fla. 4th DCA· 2001-02-15 ·cited 2×
  Patrick Miller petitioned for habeas corpus relief challenging a $25,000 bond imposed after the state reduced his initial first-degree felony charge to a third-degree felony. The court granted the petition, finding the trial court failed to provide notice that bond would be set o
• Collins v. State
  777 So. 2d 436· Fla. 3d DCA· 2001-01-31 ·cited 2×·via Writ Of Habeas Corpus
• Isidro R. Cardenas v. State
  826 So. 2d 1007· Fla. 3d DCA· 2001-01-17 ·cited 2×
• Mac W. Stuart v. State
  771 So. 2d 1252· Fla. 3d DCA· 2000-11-15 ·cited 2×
  Mac W. Stuart appeals the trial court's summary denial of his post-conviction motion seeking additional jail time credit for various periods related to his armed robbery sentence. The court affirms the denial as to certain post-sentence periods where administrative remedies were
• Jackson v. State
  774 So. 2d 747· Fla. 3d DCA· 2000-11-15 ·cited 2×·via Habeas Corpus Petition
• Waldo Mason Wattles, III v. State
  771 So. 2d 1209· Fla. 5th DCA· 2000-10-20 ·cited 2×
• Elton Young v. Neumann
  770 So. 2d 205· Fla. 4th DCA· 2000-10-11 ·cited 2×
  Habeas corpus petition granted because the state failed to establish that proof of guilt was evident or presumption great for robbery with a firearm, requiring remand for reconsideration of pretrial release.
• Moore v. Tolbert
  763 So. 2d 1268· Fla. 1st DCA· 2000-08-01 ·cited 2×
  The court reversed a default grant of habeas corpus relief because the Department of Corrections timely filed a motion for extension of time and submitted its response before the default was entered, making the default finding erroneous.
• Adolphus S. Ashley v. Moore
  767 So. 2d 491· Fla. 1st DCA· 2000-05-17 ·cited 2×
  The court quashed the circuit court's denial of habeas corpus and remanded for treatment as a mandamus petition, finding the lower court departed from essential requirements of law by requiring exhaustion of administrative remedies before addressing access to grievance procedures
• M.F. v. Dep't OF Juv. Just.
  782 So. 2d 402· Fla. 4th DCA· 2000-05-10 ·cited 2×·via Writ Of Habeas Corpus
• Webb v. State
  767 So. 2d 481· Fla. 2d DCA· 2000-05-05 ·cited 2×
  James Webb appealed his robbery conviction and sentence after the Florida Supreme Court struck down the violent career criminal statute under which he was sentenced as unconstitutional. The court affirmed his conviction but reversed and remanded for resentencing because Webb comm
• Amador v. State
  766 So. 2d 1061· Fla. 4th DCA· 2000-01-26 ·cited 2×
  Amador seeks habeas corpus relief challenging his detention under Florida's Jimmy Ryce Act (involuntary civil commitment of sexually violent predators), arguing he was denied a speedy trial as required by statute. The Fourth District Court of Appeal transfers the petition to the
• Helton v. Singletary
  85 F. Supp. 2d 1323· S.D. Fla.· 2000-01-20 ·cited 2×
  The court held that equitable tolling is appropriate for the petitioner's habeas corpus petition due to counsel's misadvice, allowing consideration of the merits, and that the analysis of ineffective assistance of counsel is ongoing.
• Roehrick v. Wheeler
  745 So. 2d 569· Fla. 5th DCA· 1999-12-10 ·cited 2×·via Writ Of Habeas Corpus
• Hershel Meadows v. Krischer
  763 So. 2d 1087· Fla. 4th DCA· 1999-11-17 ·cited 2×
  Hershel Meadows, a convicted sex offender whose prison sentence expired, challenged his detention under Florida's Jimmy Ryce Act on jurisdictional and procedural grounds. The Florida Fourth District Court of Appeal rejected all of Meadows' challenges and upheld the constitutional
• Colen Thomas v. Moore
  748 So. 2d 1010· Fla.· 1999-10-28 ·cited 2×·via Writ Of Habeas Corpus
  The court denied a petition for writ of habeas corpus, finding that the forfeiture of provisional credits upon violation of provisional release supervision was permissible under the applicable statute, distinguishing the case from State v. Lancaster.
• Faoutas v. State
  745 So. 2d 398· Fla. 1st DCA· 1999-10-15 ·cited 2×
• Scot B. Naidus v. State
  743 So. 2d 132· Fla. 4th DCA· 1999-09-29 ·cited 2×
• Kevin v. Brown
  738 So. 2d 500· Fla. 5th DCA· 1999-08-06 ·cited 2×
  Appeals from circuit court orders denying petitions for writs of habeas corpus or mandamus challenging Florida Parole Commission decisions are reviewable by certiorari, not a second plenary appeal.
• Valdez v. Moore
  745 So. 2d 964· Fla. 2d DCA· 1999-06-04 ·cited 2×
  The Second District Court of Appeal transferred petitioners' habeas corpus petition challenging their pretrial detention under Florida's Jimmy Ryce Act to the Fourth District Court of Appeal, finding that the Fourth District was the proper forum because the detainees were held in
• Calandra v. State
  727 So. 2d 1028· Fla. 4th DCA· 1999-02-17 ·cited 2×·via Writ Of Habeas Corpus
  Appellate counsel was not ineffective for failing to raise the denial of a special jury instruction on insanity due to long-term intoxication, as expert testimony is required for such an instruction.
• Chandler v. State
  722 So. 2d 983· Fla. 4th DCA· 1999-01-20 ·cited 2×·via Writ Of Habeas Corpus
• Virdie Shavers v. State
  723 So. 2d 371· Fla. 4th DCA· 1998-12-30 ·cited 2×·via Habeas Corpus Jurisdiction
• Hill v. State
  724 So. 2d 610· Fla. 5th DCA· 1998-12-18 ·cited 2×
• Bergelson v. Singletary
  721 So. 2d 1194· Fla. 1st DCA· 1998-11-19 ·cited 2×
  An inmate challenges the retroactive cancellation of 1,500 days of provisional credits awarded by the Florida Department of Corrections as a violation of the Ex Post Facto Clause. The court grants the petition and remands, holding that the Department's retroactive application of