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

• Reeves v. State
  719 So. 2d 1257· Fla. 5th DCA· 1998-10-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a motion to correct an illegal sentence under rule 3.800(a) cannot be used to resolve factual disputes regarding jail credit, which requires a different procedural vehicle.
• Boyne v. State
  728 So. 2d 246· Fla. 5th DCA· 1998-10-16 ·cited 2×
• Zenon Martinez v. State
  715 So. 2d 1024· Fla. 4th DCA· 1998-07-22 ·cited 2×
  The trial court's order of pretrial detention cannot stand because the State failed to prove that no reasonable conditions of release would secure the defendant's appearance at trial.
• Grady William Powers v. State
  714 So. 2d 1110· Fla. 5th DCA· 1998-07-10 ·cited 2×·via Writ Of Habeas Corpus
• Rogers v. State
  717 So. 2d 460· Fla.· 1998-05-14 ·cited 2×·via Habeas Corpus Petition
  Glen Edward Rogers, a death row prisoner convicted in Florida, appealed the denial of his habeas corpus petition challenging his extradition to California to face separate murder and arson charges. The Florida Supreme Court affirmed the extradition, holding that constitutional cl
• Bouchette v. State
  711 So. 2d 134· Fla. 5th DCA· 1998-05-01 ·cited 2×·via Habeas Corpus Relief
  The court held that a pro se defendant's confusion about filing a notice of appeal is not a valid ground for a belated appeal, as the responsibility lies with the defendant.
• Douglas v. Fla. Parole Comm'n
  710 So. 2d 142· Fla. 5th DCA· 1998-04-17 ·cited 2×
• Young v. State
  709 So. 2d 614· Fla. 5th DCA· 1998-04-09 ·cited 2×·via Writ Of Habeas Corpus
  Rufus Young, appearing for the eighth time before this court, petitioned for a writ of habeas corpus seeking a belated appeal of his 1990 burglary, grand theft, and drug paraphernalia conviction. The court denied the petition, finding it barred by laches and as a successive and a
• Stevie Willis v. State
  708 So. 2d 939· Fla.· 1998-03-19 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a trial court's finding of partial indigency, which allows for appointed counsel but requires payment of filing fees and transcript costs, is illogical and unsupported by the record when based on a flawed financial affidavit.
• V.J.R. v. State
  706 So. 2d 417· Fla. 5th DCA· 1998-03-13 ·cited 2×·via Writ Of Habeas Corpus
• Tadd D. Hoskins v. Knowles
  757 So. 2d 512· Fla. 4th DCA· 1998-03-09 ·cited 2×
  The trial court erred in denying the petition for bond because the state failed to establish that the proof of guilt was evident or the presumption great.
• Jones v. McAndrew
  996 F. Supp. 1439· N.D. Fla.· 1998-02-20 ·cited 2×
  The court held that a challenge to electrocution procedures, as opposed to the method of execution itself, can be brought as a Section 1983 action, not solely as a habeas corpus petition. It also found that the plaintiffs have standing and their claims are ripe, and that the Elev
• Roydhouse v. State
  701 So. 2d 1273· Fla. 5th DCA· 1997-12-12 ·cited 2×
  The court held that the petitioner was not entitled to relief because he never received the administrative gaintime or provisional credits he claimed were improperly cancelled.
• Rodriquez v. State
  700 So. 2d 79· Fla. 2d DCA· 1997-09-26 ·cited 2×
  David Rodriquez petitioned for a writ of mandamus challenging the Public Defender's Office delay in filing his appellate brief, arguing he was being denied timely appellate review. The court granted a sixty-day extension for the Public Defender to file the brief, threatening to r
• Giordano v. Dixon
  744 So. 2d 1024· Fla. 4th DCA· 1997-09-17 ·cited 2×
  Florida appellate court reversed denial of habeas corpus petition and ordered Department of Corrections to vacate disciplinary report and restore gain time because the department failed to produce a cassette tape of the verbal order the inmate was accused of violating, depriving
• United States v. Gaines
  125 F. Supp. 758· S.D. Fla.· 1997-09-08 ·cited 2×
  The court held that the defendant's statements were voluntarily made after a valid waiver of his Miranda rights, and therefore are admissible into evidence.
• Norman v. Singletary
  698 So. 2d 614· Fla. 1st DCA· 1997-08-26 ·cited 2×·via Writ Of Habeas Corpus
  Norman challenges the denial of his habeas corpus petition alleging the Department of Corrections improperly forfeited gain time credits. The appellate court reversed, finding the petition stated a prima facie claim for relief and that habeas corpus was the appropriate remedy.
• Contreras v. Contreras
  696 So. 2d 506· Fla. 3d DCA· 1997-07-03 ·cited 2×
  Florida appellate court affirmed habeas corpus relief for mother jailed for civil contempt of violating custody orders, holding that the act of state doctrine and the father's absence from Florida rendered compliance with the purge condition impossible.
• In the Interest of K.C. v. Taylor
  696 So. 2d 858· Fla. 2d DCA· 1997-04-30 ·cited 2×·via Writ Of Habeas Corpus
  K.C., a juvenile detained pending delinquency hearings, petitioned for habeas corpus challenging the legality of his detention. Although K.C. was released before the court's decision, the court addressed the merits due to the likelihood of recurrence and the potential for mootnes
• Alvord v. State
  694 So. 2d 704· Fla.· 1997-04-10 ·cited 2×
  Gary Eldon Alvord, convicted and sentenced to death for three murders in 1974, sought postconviction relief claiming Hitchcock error—that the trial court improperly prevented consideration of nonstatutory mitigating evidence. The Florida Supreme Court affirmed the trial court's d
• Tullis v. State
  690 So. 2d 749· Fla. 5th DCA· 1997-04-04 ·cited 2×·via Writ Of Habeas Corpus
• Jacobs v. State
  687 So. 2d 24· Fla. 5th DCA· 1996-12-20 ·cited 2×
  Marvin Jacobs appealed the summary dismissal of his habeas corpus petition. The trial court dismissed for lack of jurisdiction, claiming Jacobs was not convicted or incarcerated in the Ninth Judicial Circuit. The appellate court reversed, holding that the trial court had jurisdic
• Mack v. State
  684 So. 2d 296· Fla. 5th DCA· 1996-12-13 ·cited 2×
  Kelvin Mack seeks habeas relief for the third time, claiming ineffective appellate counsel for failing to raise arguments about his plea and sentencing in prior appeals. The court denies the petition as an improper successive habeas filing, having already rejected the same claims
• Featherstone v. Montana
  684 So. 2d 233· Fla. 3d DCA· 1996-11-27 ·cited 2×
  The court reversed the dismissal of an indirect criminal contempt proceeding against a husband, holding that the Double Jeopardy Clause does not bar criminal contempt proceedings even when a prior civil contempt adjudication was based on the same conduct, because civil and crimin
• Whitfield v. State
  682 So. 2d 707· Fla. 5th DCA· 1996-11-15 ·cited 2×
  The appellate court reversed a trial court's denial of a habeas corpus petition. The appellant argued he should receive credit for time served on a prior sentence after violating probation on a subsequent offense.
• Zitroy Lowe v. State
  681 So. 2d 916· Fla. 4th DCA· 1996-10-23 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner received ineffective assistance of appellate counsel for failing to raise the issue of a prejudicial jury instruction on reasonable doubt in a prior direct appeal.
• Brown v. State
  695 So. 2d 736· Fla. 1st DCA· 1996-09-11 ·cited 2×
  Shawn Brown appealed his sentence of 22 months probation with a condition to serve that time in county jail for sale of cocaine, claiming he should receive gain time credits equivalent to those given state prison inmates. The court affirmed, holding that Brown's challenges were p
• Hill v. Butterworth
  941 F. Supp. 1129· N.D. Fla.· 1996-08-07 ·cited 2×
  The court held that the plaintiff has standing and the case is ripe for review, as the uncertainty surrounding the applicability of Chapter 154 of the Act to his habeas petition creates immediate hardship and a dilemma regarding compliance.
• Suarez v. State
  677 So. 2d 1316· Fla. 3d DCA· 1996-07-31 ·cited 2×
  Defendant's belated appeal of the trial court's denial of his Rule 3.850 post-conviction motion was treated as a habeas petition, but the court affirmed the denial of relief for claims of involuntary plea and ineffective assistance of counsel.
• Sunny Harris v. State
  674 So. 2d 925· Fla. 5th DCA· 1996-06-07 ·cited 2×·via Writ Of Habeas Corpus
  The court held that a successive petition for a writ of habeas corpus, raising the same issues as a prior denied petition, constitutes an abuse of procedure.
• Mayberry v. State
  685 So. 2d 1326· Fla. 2d DCA· 1996-03-06 ·cited 2×·via Writ Of Habeas Corpus
• Smith v. Singletary
  666 So. 2d 986· Fla. 4th DCA· 1996-01-17 ·cited 2×
  Glenn Smith sought habeas corpus relief claiming ineffective assistance of appellate counsel on multiple grounds. The court found that Smith's sentencing scoresheet erroneously included 20 points for victim injury when the victim was not physically injured, requiring reversal and
• White v. Singletary
  663 So. 2d 1324· Fla.· 1995-12-01 ·cited 2×·via Writ Of Habeas Corpus
  Jerry White petitioned for a writ of habeas corpus and stay of execution following his conviction for murder during an armed robbery. The Florida Supreme Court denied both the petition and stay, rejecting White's claims of ineffective assistance of counsel, mental retardation, wi
• State v. J.W.
  664 So. 2d 29· Fla. 1st DCA· 1995-11-27 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the Florida Department of Law Enforcement (FDLE) could not willfully ignore a trial court's order to seal criminal records, even if FDLE believed the order was erroneous, and thus the contempt judgment was proper.
• C.M.T. v. The Honorable A.C. Soud, Jr.
  662 So. 2d 1382· Fla. 1st DCA· 1995-11-27 ·cited 2×
• In the Interest of K.D.H. v. B.M.D. and S.D.
  685 So. 2d 1306· Fla. 2d DCA· 1995-10-25 ·cited 2×
  In a habeas corpus proceeding, a Florida trial court enforced a Georgia custody order transferring guardianship of an orphan from a Florida resident (B.M.D.) to a Georgia resident (R.A.B.). The Florida appellate court affirmed the enforcement of the Georgia order under the Parent
• Denson v. The Honorable Edward Rodgers
  658 So. 2d 1224· Fla. 4th DCA· 1995-08-16 ·cited 2×·via Writ Of Habeas Corpus
  The trial court erred in rejecting a pleading solely based on division assignment, and should have assigned it to the appropriate division.
• Porter v. Singletary
  883 F. Supp. 660· M.D. Fla.· 1995-04-17 ·cited 2×
  The court held that the petitioner's claims were procedurally barred or failed to meet the Strickland standard for ineffective assistance of counsel, and that his sentence was not an ex post facto violation.
• Herring v. Singletary
  879 F. Supp. 1180· N.D. Fla.· 1995-03-10 ·cited 2×
  Herring, a Florida inmate convicted of second-degree murder, challenged the forfeiture of 1,540 days of provisional credits that had been awarded under Fla. Stat. § 944.277 (1988) but retroactively cancelled by Fla. Stat. § 944.278 (1993). The district court held that the retroac
• Jacques D. Keil v. Singletary
  649 So. 2d 354· Fla. 4th DCA· 1995-02-08 ·cited 2×·via Writ Of Habeas Corpus
• Fontana v. Rice
  644 So. 2d 502· Fla.· 1994-10-27 ·cited 2×
  When criminal charges are dismissed and the State appeals, the defendant must be released on recognizance unless another charge justifies continued custody, as per Fla. R. Crim. P. 3.190(e).
• Carvie William Farmer v. State
  642 So. 2d 127· Fla. 5th DCA· 1994-09-12 ·cited 2×·via Writ Of Habeas Corpus
• Lucien Wilner v. Singletary
  647 So. 2d 187· Fla. 2d DCA· 1994-07-08 ·cited 2×
  Lucien Wilner's petition for writ of habeas corpus challenging the ineffectiveness of his appellate counsel is granted. His appellate counsel failed to raise a sentencing issue that was established in a controlling precedent (Branam v. State), resulting in a sentence far exceedin
• Wimberly v. State
  634 So. 2d 231· Fla. 1st DCA· 1994-03-24 ·cited 2×·via Habeas Corpus Petition
  Wimberly appealed the denial of his motion for a belated appeal, claiming his counsel was ineffective for failing to appeal a June 1988 order denying his Rule 3.850 motion for post-conviction relief. The court reversed, holding that entitlement to a belated appeal does not depend
• Domberg v. State
  636 So. 2d 527· Fla. 1st DCA· 1994-02-18 ·cited 2×·via Writ Of Habeas Corpus
  Robert Domberg petitioned for a writ of habeas corpus challenging his departure sentence on the grounds that the trial court lacked jurisdiction to file written reasons for the departure after notice of appeal was filed, and that his appellate counsel was ineffective for failing
• FOX v. Singletary
  635 So. 2d 69· Fla. 1st DCA· 1994-01-18 ·cited 2×
  The appellate court held that the trial court erred in summarily denying the inmate's petition for a writ of habeas corpus.
• Lucien Wilner v. State
  629 So. 2d 1097· Fla. 2d DCA· 1994-01-14 ·cited 2×
• Fontana v. Rice
  630 So. 2d 1141· Fla. 2d DCA· 1993-11-03 ·cited 2×·via Writ Of Habeas Corpus
  The trial court is authorized to continue a defendant on bond pending a state appeal from an order of dismissal, upon a showing of good cause.
• Bannister v. The Honorable William L. Hendry
  625 So. 2d 1244· Fla. 4th DCA· 1993-09-01 ·cited 2×·via Writ Of Habeas Corpus
  Petitioner sought a writ of prohibition to prevent prosecution on grand theft and burglary charges for lack of speedy trial. The court treated the petition as a habeas corpus petition and remanded for an adversary preliminary hearing under Florida Rules of Criminal Procedure 3.13
• Frazier v. Singletary
  622 So. 2d 88· Fla. 1st DCA· 1993-07-22 ·cited 2×
  Vernon Lavell Frazier petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to argue that an incomplete manslaughter jury instruction constituted fundamental error. The court denied the petition, holding that appellate counsel was not i