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

• Marquez-Diaz v. Ripa
  2022 WL 198811· S.D. Fla.· 2025-07-22 ·cited 1×
  The court denied the petitioner's emergency request for a temporary restraining order because he failed to meet any of the four required elements.
• Bell v. State
  421 So. 3d 399· Fla.· 2025-07-08 ·cited 1×·via Writ Of Habeas Corpus
  Michael Bernard Bell, convicted of two first-degree murders in 1993 and sentenced to death, appealed the denial of his successive motion for postconviction relief, which raised claims of newly discovered evidence in the form of Brady and Giglio violations based on alleged witness
• Baker v. Sec'y, Dep't of Corr. (Pinellas)
  2019 WL 10303104· M.D. Fla.· 2025-05-28 ·cited 1×
  The court held that the petitioner's sole remaining habeas claim is procedurally defaulted and barred from federal review.
• Sonny Austin Ramdeo v. United States
  136 F.4th 1348· 11th Cir.· 2025-05-20 ·cited 1×
  A prisoner in federal custody is not categorically barred from seeking a writ of error coram nobis to challenge a restitution order, as such challenges are not cognizable under 28 U.S.C. § 2255.
• Norkin v. Fla. Supreme Court
  2025 WL 18652· N.D. Fla.· 2025-03-28 ·cited 1×
  The court recommended dismissal of the habeas corpus petition without prejudice.
• Mitchell v. United States
  2006 WL 4757823· S.D. Fla.· 2025-03-18 ·cited 1×
  The court held that the movant failed to prove his counsel was constitutionally ineffective for failing to file a notice of appeal, as the court found the attorney's testimony more credible and found no explicit request to appeal was made before the deadline.
• Diaz v. Dixon
  402 So. 3d 434· Fla. 3d DCA· 2024-12-18 ·cited 1×
  Habeas relief is not available for matters that could have and should have been raised on direct appeal or that have already been ruled on through another appellate procedure.
• Jordan v. State
  49 Fla. L. Weekly D1941· Fla. 3d DCA· 2024-12-04 ·cited 1×·via Habeas Corpus Petition
  Kevin Jordan, a sexually violent predator civilly committed under Florida law, appealed the dismissal of his habeas corpus petition filed in the wrong judicial circuit. The court reversed because the petition was filed in the Eleventh Judicial Circuit when Florida Rules of Civil
• Moreno Mujica v. Sec'y, Dep't of Corr. (Pasco County)
  M.D. Fla.· 2024-10-02 ·cited 1×
  Kervin Moreno Mujica filed a federal habeas corpus petition under 28 U.S.C. § 2254 while his direct appeal was still pending in state court. The district court dismissed the petition as premature because Mujica had not exhausted his state court remedies, specifically his direct a
• Adams v. Sec'y, Dep't of Corr. (Putnam County)
  2016 WL 6037535· M.D. Fla.· 2024-09-30 ·cited 1×
  The court denied the petitioner's motion to alter or amend the judgment, finding no manifest error of law or fact in its prior denial of the habeas corpus petition.
• Hoehn v. Warden FCI Marianna
  N.D. Fla.· 2024-08-06 ·cited 1×
  The court held that the petitioner's claim regarding the CARES Act is moot due to the Act's expiration, and her conviction under 18 U.S.C. § 924(c) disqualifies her from First Step Act credits.
• Dortley v. State
  383 So. 3d 545· Fla. 1st DCA· 2024-03-27 ·cited 1×
  An inmate's claim that he was incompetent to proceed at trial is procedurally barred when not raised on direct appeal and cannot be pursued through successive postconviction petitions.
• Franklin v. Dixon
  2022 WL 2800214· N.D. Fla.· 2024-01-12 ·cited 1×
  The court held that a habeas petition is an unauthorized successive petition if the petitioner fails to raise a claim with a legitimate excuse and has not obtained leave from the Eleventh Circuit.
• Trevino v. Andrews
  2009 WL 804528· M.D. Fla.· 2023-12-05 ·cited 1×
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, as his challenge to Florida's DNA testing statute was foreclosed by binding precedent.
• Brown v. Fla. Dep't of Corr.
  2009 WL 1227820· S.D. Fla.· 2023-10-22 ·cited 1×·via Petition For Writ Of Habeas Corpus
  The court held that a pro se petitioner's motion, even if labeled as a motion for consideration of actual innocence, is legally a successive petition for writ of habeas corpus under 28 U.S.C. § 2254 and must be dismissed for lack of jurisdiction if the petitioner has not obtained
• Exzavier Robinson v. State
  Fla. 3d DCA· 2023-10-18 ·cited 1×
  A habeas corpus petition based on appellate counsel's alleged ineffectiveness for failing to raise trial counsel's ineffectiveness claims lacks merit when the underlying ineffectiveness claim was already squarely rejected on direct appeal.
• Alphonso G. Lucas v. State
  365 So. 3d 1181· Fla. 3d DCA· 2023-09-06 ·cited 1×
  A successive habeas corpus petition alleging ineffective assistance of appellate counsel must be dismissed when it raises no new grounds and the prior petition was determined on the merits.
• Givens v. Sec'y, Dep't of Corr. (Lake County)
  2021 WL 4551981· M.D. Fla.· 2023-08-28 ·cited 1×
  The Court held that a state prisoner cannot evade the procedural requirements of 28 U.S.C. § 2254 by filing under § 2241, and a successive petition requires prior authorization from the Eleventh Circuit.
• Restricted Filer - Alfred v. Dixon
  2023 WL 3686787· S.D. Fla.· 2023-08-22 ·cited 1×
  The court held that it lacked subject-matter jurisdiction over a successive habeas corpus petition filed without authorization from the court of appeals and sanctioned the petitioner for abusive litigation.
• Burke v. United States
  2022 WL 3356390· M.D. Fla.· 2023-08-21 ·cited 1×
  The court held that it lacked jurisdiction to consider a second or successive motion to vacate sentence under 28 U.S.C. § 2255 without prior authorization from the Eleventh Circuit.
• Poliard v. United States
  2021 WL 5447108· S.D. Fla.· 2023-06-21 ·cited 1×·via Petition For Writ Of Habeas Corpus
  The court held that it lacks jurisdiction to consider a successive motion to vacate sentence under 28 U.S.C. § 2255 when the petitioner has not obtained authorization from the Court of Appeals.
• Edmondson v. Sec'y, Dep't of Corr. (Hillsborough County)
  2020 WL 3640479· M.D. Fla.· 2023-05-17 ·cited 1×
  The court held that a federal habeas corpus petition filed without prior authorization from the Eleventh Circuit is an unauthorized second or successive petition over which the district court lacks jurisdiction.
• Benoit v. Hoffman
  Fla. 2d DCA· 2023-04-26 ·cited 1×
  A first appearance judge assigned to one case lacks authority to revoke pretrial release conditions in a separate case assigned to another judge unless specifically authorized by the judge who initially set the bail.
• Clay Robinson v. State
  Fla. 4th DCA· 2023-03-22 ·cited 1×·via Writ Of Habeas Corpus
  A claim that the sentencing court misunderstood its sentencing options is not cognizable under rule 3.800(a) and, on the merits, mandatory minimum sentences under the 10-20-Life statute must be imposed consecutively when qualifying offenses were committed during separate criminal
• Chestel Thorson v. State
  34 Fla. L. Weekly Supp. 307· Fla. 3d DCA· 2023-02-01 ·cited 1×
  A petition for writ of habeas corpus may not be used to challenge the legality of a conviction or serve as a substitute for a rule 3.850 motion for postconviction relief.
• Oussama v. Dep't of Homeland Sec. Immigr. & Custom Enf't
  S.D. Fla.· 2023-01-31 ·cited 1×
  The court held that the petitioner must file an amended petition and pay the filing fee or a motion to proceed in forma pauperis to maintain his habeas corpus action.
• Little v. Gualtieri
  353 So. 3d 675· Fla. 2d DCA· 2022-12-16 ·cited 1×
  The appellate court denied a habeas corpus petition as moot because the petitioner was released before the appeal was decided. However, the court explained that the petition would have been granted because an emergency duty judge improperly ordered the petitioner's detention with
• Hunt v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2022-07-18 ·cited 1×
  The court held that the petitioner's habeas corpus petition was untimely filed and not subject to statutory or equitable tolling, nor did it present a valid claim of actual innocence to overcome the time bar.
• Phynerrian Manning v. Ford
  328 So. 3d 396· Fla. 1st DCA· 2022-07-13 ·cited 1×
• Alcegaire v. Sec'y Fla. Dep't Of Corr.
  2022 WL 610584· M.D. Fla.· 2022-07-08 ·cited 1×·via Federal Habeas Corpus
  The court held that a motion for reconsideration must identify manifest errors of law or fact, and that a motion for appointment of federal habeas counsel requires exhaustion of state remedies, with limited exceptions not met here.
• Jackson v. State
  47 Fla. L. Weekly D958· Fla. 2d DCA· 2022-07-08 ·cited 1×
  The appellate court reviewed a lower court's denial of a habeas corpus petition. While habeas corpus is generally not the proper vehicle for such claims, the court treated the petition as a postconviction motion. The court reversed and remanded because the lower court failed to a
• A.T. v. State
  Fla. 4th DCA· 2022-06-22 ·cited 1×
  A juvenile petitioner challenges his continued home detention beyond twenty-one days after being found incompetent to proceed, arguing the trial court lacks authority for such extension. The court holds that Florida Statute § 985.26(4)(a) provides authority for extended detention
• Moton v. Warden, FCC Coleman - Camp
  2015 WL 4606220· M.D. Fla.· 2022-04-14 ·cited 1×
  The court held that a habeas petition is moot once the petitioner is released from custody and has no continuing injury.
• Arslanian v. Junior
  46 Fla. L. Weekly D2352· Fla. 3d DCA· 2022-02-16 ·cited 1×
  Michael Arslanian petitioned for habeas corpus relief claiming his bond modification motion was denied without adequate consideration of his financial circumstances. The trial court denied his request for nonmonetary release to a treatment facility, finding he posed a flight risk
• Britney S. Fernald v. Grady C. Judd
  Fla. 2d DCA· 2021-11-03 ·cited 1×
  The appellate court dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody after entering a plea agreement. The court did not reach the merits of whether her pretrial release was improperly revoked.
• Hernandez v. Junior
  337 So. 3d 135· Fla. 3d DCA· 2021-09-15 ·cited 1×
  Sarah Hernandez petitions for habeas corpus relief, challenging the trial court's denial of bond on a human trafficking charge involving a 17-year-old victim. The court grants the petition, finding the trial court abused its discretion by denying bond without evidence of specific
• Thaddeus C. Martin v. Dixon
  298 So. 3d 1228· Fla.· 2021-08-25 ·cited 1×
  The Florida Supreme Court sanctioned pro se litigant Thaddeus C. Martin by barring him from filing further unrepresented petitions in the Court regarding his criminal convictions. Martin had filed sixteen frivolous or repetitive petitions since 2018, abusing the Court's limited j
• Cirilo Keshun Allen v. State
  Fla. 1st DCA· 2021-06-28 ·cited 1×·via Writ Of Habeas Corpus
  Cirilo Keshun Allen petitioned for a writ of habeas corpus to collaterally attack his 2002 robbery with a firearm conviction. The court dismissed the petition, finding that habeas corpus is not an appropriate vehicle for raising issues that were or should have been raised on dire
• Earven v. State
  45 Fla. L. Weekly S96· Fla. 1st DCA· 2021-06-04 ·cited 1×
  The appellate court denied Gary Earven's petition for new appellate counsel and a new appeal, finding his former counsel was not ineffective. The court reasoned that counsel's failure to cite federal authorities or appeal a jury instruction did not fall outside the range of compe
• Lamberson v. State
  317 So. 3d 286· Fla. 2d DCA· 2021-05-07 ·cited 1×
  The appellate court found that Lamberson's appellate counsel was ineffective for failing to preserve the issue of an illegal sentence. Lamberson is granted a new direct appeal to address the retroactivity of a Supreme Court ruling on sentencing.
• Nance v. Comm'r, Ga. Dep't of Corr.
  994 F.3d 1335· 11th Cir.· 2021-04-20 ·cited 1×
  The court denied a petition for rehearing en banc, affirming the panel's decision that the prisoner's challenge to the method of execution, seeking an unauthorized alternative, was properly characterized as a habeas corpus petition and was second or successive.
• Andujar-Ruiz v. State
  320 So. 3d 228· Fla. 2d DCA· 2021-04-09 ·cited 1×
  The appellate court held that a circuit court lacked jurisdiction to adjudicate misdemeanor offenses after a related felony charge was dismissed. Consequently, the defendant's misdemeanor convictions were vacated.
• Lenard Anderson v. State
  313 So. 3d 1196· Fla. 1st DCA· 2021-03-31 ·cited 1×
  The appellate court denied a petition for relief from convictions and sentences, finding no merit in the petitioner's claims that his appellate counsel was ineffective. The court applied the Strickland standard for ineffective assistance of counsel, requiring both deficient perfo
• Moultrie v. State
  277 So. 3d 226· Fla. 1st DCA· 2021-01-25 ·cited 1×·via Writ Of Habeas Corpus
  The appellate court dismissed a petition for a writ of habeas corpus, holding that it cannot be used as a substitute for direct appeal or postconviction relief for sentencing errors. The petitioner sought to challenge a consecutive sentence, but the court found that such issues s
• Barber v. Bay Cnty. Sheriff's Off. Jail Facility
  308 So. 3d 254· Fla. 1st DCA· 2020-12-10 ·cited 1×
  Sovereign citizen legal theories asserting that an incorporated name is separate from a person for jurisdiction purposes have no basis in law and do not deprive courts of personal jurisdiction.
• Brown v. Dep't of Homeland Sec.
  18201 S.W. 12· N.D. Fla.· 2020-06-05 ·cited 1×
  The court adopted the magistrate judge's report and recommendation, denying the petitioner's amended § 2241 petition for a writ of habeas corpus.
• Menard v. Florida Attorney General (Collier County)
  2020 WL 2188675· M.D. Fla.· 2020-05-20 ·cited 1×
  James Matthew Menard, a Florida prisoner convicted of aggravated battery, armed trespass, and third-degree felony murder, sought federal habeas relief challenging his convictions and sentences on multiple grounds, including claims of ineffective assistance of counsel and sentenci
• Duckworth v. State
  305 So. 3d 732· Fla. 3d DCA· 2020-05-13 ·cited 1×
  The appellate court denied a petition for a writ of habeas corpus filed by Jerry Duckworth. Duckworth argued that the jury instructions at his trial were fundamentally erroneous because they failed to define "weapon." The court found that while the written instructions were defic
• Small v. State
  305 So. 3d 615· Fla. 3d DCA· 2020-04-29 ·cited 1×·via Writ Of Habeas Corpus
  The appellate court denied a petition for a writ of habeas corpus, finding that a thirty-year sentence for selling heroin, enhanced under the habitual offender statute, was neither cruel and unusual punishment nor an ex post facto violation.
• Griego v. State
  207 So. 3d 224· Fla. 1st DCA· 2020-04-24 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to modify sentence. The appellant sought sentence reduction based on a victim's father's affidavit, but the court found the motion was untimely and improperly filed under the wrong rule.