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

• Wilson v. State
  305 So. 3d 341· Fla. 3d DCA· 2020-04-08 ·cited 1×
• Siskos v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-03-24 ·cited 1×
  The court held that the petitioner's claims regarding competency, ineffective assistance of counsel, and prosecutorial misconduct lacked merit and were denied.
• Excellus O. Hyland v. Inch
  291 So. 3d 1024· Fla. 1st DCA· 2020-03-11 ·cited 1×
  The appellate court affirmed the lower court's denial of a habeas corpus petition. The court found that the petitioner's claims were previously adjudicated and therefore precluded from reconsideration.
• Davis v. Junior
  300 So. 3d 307· Fla. 3d DCA· 2020-02-19 ·cited 1×·via Writ Of Habeas Corpus
  The court granted a petition for a writ of habeas corpus, holding that the State cannot rely solely on hearsay testimony to establish probable cause at an adversary preliminary hearing. This decision clarifies the evidentiary standards required for such hearings.
• Routenberg v. State
  301 So. 3d 325· Fla. 2d DCA· 2020-01-31 ·cited 1×
  The appellate court granted relief to a defendant who claimed ineffective assistance of appellate counsel. The court found that the trial court's jury instruction on self-defense was fundamentally erroneous, effectively negating the defendant's only defense and depriving him of a
• Dailey v. Sec'y, Dep't of Corr.
  2019 WL 3209880· M.D. Fla.· 2019-12-02 ·cited 1×·via Federal Habeas Corpus
  The court held that the petitioner's motion to stay federal habeas proceedings pending a decision on the cognizability of freestanding actual innocence claims should be denied because the petitioner failed to demonstrate actual innocence.
• Owens v. Dep't of Corr.
  283 So. 3d 440· Fla. 3d DCA· 2019-11-06 ·cited 1×
  Frank Owens, an incarcerated prisoner, appealed the summary denial of his habeas corpus petition challenging his Close Management segregation status. The appellate court found the lower court lacked territorial jurisdiction because Owens had been transferred out of Miami-Dade Cou
• Adom Branch v. Junior
  Fla. 3d DCA· 2019-10-23 ·cited 1×
  The appellate court denied a petition for a writ of habeas corpus, affirming the trial court's decision to deny a defendant's request for release on his own recognizance (ROR). The court held that the defendant, who was on house arrest, did not meet the "physical custody" require
• Jones v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-09-16 ·cited 1×
  The court held that the petitioner's claims were untimely or failed on the merits, and thus denied his petition for a writ of habeas corpus.
• Jenkins v. Comm'r, Ala. Dep't of Corr.
  936 F.3d 1252· 11th Cir.· 2019-08-30 ·cited 1×
  Mark Allen Jenkins, sentenced to death for the 1989 murder of Tammy Ruth Hogeland, appealed his conviction and death sentence on grounds of ineffective assistance of counsel during the penalty phase and intellectual disability under Atkins v. Virginia. The Eleventh Circuit affirm
• Johandy Morejon-Medina v. State
  277 So. 3d 1118· Fla. 2d DCA· 2019-08-14 ·cited 1×·via Habeas Corpus Petition
  Although appellate counsel's performance was not deficient under Shelley (the law at the time of appeal), Medina's convictions for solicitation and traveling after solicitation violate double jeopardy under the current law established in Lee v. State because the charging document
• Maxwell v. Inch
  277 So. 3d 559· Fla. 1st DCA· 2019-08-09 ·cited 1×
  Appellant appeals the dismissal of his petition for writ of habeas corpus raising multiple claims regarding his conviction and sentence. The court affirmed the dismissal, finding that habeas corpus was an improper vehicle for the claims raised and that the claims were time-barred
• In re Contempt Adjudication of Jessie L. Weiner Vs
  278 So. 3d 767· Fla. 2d DCA· 2019-08-07 ·cited 1×
  Jessie L. Weiner, the current wife of a party to a custody action, was found in indirect criminal contempt for violating court orders directing her husband to keep custody case information off social media. The court granted her petition for writ of habeas corpus and quashed the
• Ali Marino v. State OF Fla. & Gregory Tony
  277 So. 3d 219· Fla. 4th DCA· 2019-07-17 ·cited 1×
  A trial court may order competency restoration treatment in a custodial facility only when the constitutional and statutory criteria for pretrial detention are met, appropriate treatment is available at the facility, less restrictive alternatives have been exhausted, and periodic
• Green v. State
  275 So. 3d 841· Fla. 1st DCA· 2019-07-16 ·cited 1×·via Habeas Corpus Petition
  A petition for habeas corpus is not available for collateral postconviction relief, and a motion for postconviction relief is time-barred if filed more than two years after judgments and sentences become final.
• Tajhon Wilson v. State
  278 So. 3d 725· Fla. 3d DCA· 2019-07-10 ·cited 1×
  The appellate court affirmed the trial court's denial of a habeas corpus petition. The appellant argued his conviction for armed robbery was fundamentally erroneous because the charging information did not specifically state he took "money," only "property."
• McCrae v. State
  278 So. 3d 147· Fla. 1st DCA· 2019-07-09 ·cited 1×
  Louis Anthony McCrae appeals the denial of a habeas petition challenging his 2004 second-degree murder conviction, alleging the trial court caused manifest injustice by denying his prior postconviction challenge eight years earlier. The petition was treated as a motion for postco
• Ellison v. State
  268 So. 3d 1007· Fla. 1st DCA· 2019-04-29 ·cited 1×
  Terry Ellison, Jr. petitioned for relief based on ineffective assistance of appellate counsel who failed to challenge a sentencing error involving an improperly applied "adult-on-minor sex offense" multiplier on his criminal scoresheet. The court found the scoresheet error was no
• Casey v. Inch
  274 So. 3d 425· Fla. 1st DCA· 2019-04-22 ·cited 1×
  A petition for writ of habeas corpus raises a frivolous claim and must be denied.
• Mitchell v. State
  274 So. 3d 1136· Fla. 5th DCA· 2019-04-18 ·cited 1×
  Verdicts finding a defendant guilty of robbery with a firearm or deadly weapon and finding the defendant did not possess an actual firearm are not truly inconsistent when the defendant threatened the victim with a firearm-looking weapon used in a manner likely to produce death or
• Evans v. State
  273 So. 3d 1068· Fla. 3d DCA· 2019-04-17 ·cited 1×
  Appellate counsel cannot be deemed ineffective for failing to raise ineffective assistance of trial counsel claims on direct appeal or for failing to raise unpreserved errors unless the error is fundamental.
• Schofield v. Grady C. Judd
  268 So. 3d 890· Fla. 2d DCA· 2019-04-03 ·cited 1×
  When a criminal defendant has been found incompetent to proceed and is ineligible for commitment under section 916.13 because there is no substantial probability of regaining competency in the reasonably foreseeable future, the state must either institute civil commitment proceed
• Johnson v. State
  267 So. 3d 10· Fla. 4th DCA· 2019-03-06 ·cited 1×
  Habeas corpus petitions challenging convictions or sentences must be treated as postconviction motions under Florida Criminal Procedure Rule 3.850 filed in the sentencing court, not as separate civil proceedings.
• A.A. v. State
  271 So. 3d 87· Fla. 3d DCA· 2019-02-27 ·cited 1×·via Habeas Corpus Petition
  Three juveniles appealed or petitioned against "do not run" orders issued in their delinquency cases. The court upheld the orders for S.F. and N.A., finding statutory authority in Florida's juvenile detention statutes, but reversed A.A.'s contempt conviction because the contempt
• J.A. v. Housel
  271 So. 3d 54· Fla. 3d DCA· 2019-01-25 ·cited 1×
  J.A., a juvenile on probation, violated a trial court's "Do Not Run Order" by leaving her mother's home without permission for ten consecutive days. The trial court found J.A. in indirect criminal contempt on ten separate counts and sentenced her to ten consecutive days in secure
• Titus O. Dodd v. State of Fla. & Cornita A. Riley as Chief of Orange Cnty. Corr.
  259 So. 3d 311· Fla. 5th DCA· 2018-12-06 ·cited 1×
  When a defendant found incompetent to proceed and conditionally released commits a new offense, the trial court may only modify the conditions of release or involuntarily commit the defendant to treatment, not detain him in jail pending evaluation.
• Robertson v. State
  256 So. 3d 254· Fla. 1st DCA· 2018-10-31 ·cited 1×·via Writ Of Habeas Corpus
  A trial court's denial of a habeas corpus petition is affirmed when the petition lacks merit.
• Al Prince v. State
  Fla. 1st DCA· 2018-10-18 ·cited 1×·via Writ Of Habeas Corpus
  The petition for writ of habeas corpus is dismissed.
• Lopez v. Junior
  259 So. 3d 202· Fla. 3d DCA· 2018-10-17 ·cited 1×
  Appellate counsel's failure to seek discretionary review with the Florida Supreme Court after the appellate court's affirmance cited to a case pending before the Florida Supreme Court constituted ineffective assistance of appellate counsel under the Strickland standard, entitling
• Zakrzewski v. State
  254 So. 3d 324· Fla.· 2018-09-20 ·cited 1×
  Edward Zakrzewski appealed the denial of his Rule 3.851 motion seeking relief based on Hurst v. Florida, which held jury overrides in capital sentencing unconstitutional. The Florida Supreme Court affirmed the denial, finding the claim barred by the court's prior denial of habeas
• Williams v. State
  266 So. 3d 1197· Fla. 1st DCA· 2018-09-20 ·cited 1×
  A co-conspirator's sworn statement can satisfy the Arthur standard of "proof is evident or presumption is great" when the statement is internally consistent and uncontradicted, particularly when corroborated by additional circumstantial evidence such as threats and financial moti
• Theophilus Bessellieu v. State
  266 So. 3d 1194· Fla. 1st DCA· 2018-09-14 ·cited 1×
  Theophilus Bessellieu was convicted of attempted murder and aggravated assault on law enforcement officers after firing at police during a vehicle pursuit in Jacksonville. On appeal, he challenged the denial of his postconviction motion claiming the State's failure to sign the cr
• Lensky Jeanbart v. State
  254 So. 3d 1033· Fla. 4th DCA· 2018-09-12 ·cited 1×
  # BRIEF In *Lensky Jeanbart v. State of Florida*, the Fourth District Court of Appeal found that appellate counsel provided ineffective assistance by failing to raise two specific issues on appeal and ordered a new appeal, determining that the omissions fell outside the range of
• McMillan v. State
  254 So. 3d 1002· Fla. 4th DCA· 2018-09-05 ·cited 1×
  A trial court's erroneous belief that it is required to impose a life sentence under the HVFO statute constitutes grounds for habeas corpus relief and resentencing, even where the issue was previously raised and denied, when the court's error is clear from the record and granting
• Basulto Vargas v. Junior
  254 So. 3d 1092· Fla. 3d DCA· 2018-08-29 ·cited 1×
  Yordany Enrique Basulto Vargas petitioned for a writ of habeas corpus challenging his detention in Miami-Dade County jail on a Colorado fugitive warrant while facing concurrent Florida cannabis trafficking charges. The Florida Supreme Court denied the petition, finding Vargas's d
• Hutchinson v. State
  249 So. 3d 1327· Fla. 1st DCA· 2018-08-07 ·cited 1×
  A habeas corpus petition challenging the sufficiency of a charging document must be transferred to the court that issued the conviction, not dismissed as unauthorized.
• Parks v. State
  252 So. 3d 367· Fla. 3d DCA· 2018-08-01 ·cited 1×
  A habeas corpus petition that merely reiterates arguments already rejected in prior unsuccessful post-conviction motions may be treated as a successive motion and properly denied.
• Lowry v. State
  252 So. 3d 348· Fla. 3d DCA· 2018-07-25 ·cited 1×
  A habeas corpus petition alleging ineffective assistance of appellate counsel filed more than two years after conviction becomes final on direct review must be dismissed as untimely unless the petitioner alleges under oath with specific factual basis that counsel affirmatively mi
• Wright v. State
  247 So. 3d 26· Fla. 4th DCA· 2018-07-11 ·cited 1×
  The trial court properly denied appellant's Rule 3.850 motion for postconviction relief.
• Snell v. Junior
  251 So. 3d 273· Fla. 3d DCA· 2018-07-05 ·cited 1×
  Florida courts have statutory and rule-based authority under § 903.046(2) and Fla. R. Crim. P. 3.131(b) to condition bail on inquiry into the source of funds used to post bail. A defendant is not unlawfully detained when the source-of-funds condition is imposed at first appearanc
• Joseph v. State
  244 So. 3d 416· Fla. 5th DCA· 2018-05-25 ·cited 1×
  The trial court did not abuse its discretion in awarding permanent periodic alimony of $500 per month, and the written final judgment's reservation of jurisdiction clause is construed to reserve jurisdiction over all issues not disposed of at trial, consistent with the court's or
• Hamilton v. State
  236 So. 3d 276· Fla.· 2018-02-08 ·cited 1×
  Richard Eugene Hamilton, a death row inmate, appeals the denial of his successive motion for postconviction relief filed 18 years after his conviction became final, and the denial of his requests for additional public records. The Florida Supreme Court affirmed the lower court's
• Phillips Pierre v. State
  237 So. 3d 402· Fla. 4th DCA· 2018-02-07 ·cited 1×
  The defendant petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel because his appellate counsel failed to raise a prosecutorial misconduct argument that his co-defendant's counsel successfully raised on appeal. The Fourth District Court of
• Ford v. State
  237 So. 3d 904· Fla.· 2018-01-23 ·cited 1×
  James Ford appeals the denial of his motion for post-conviction relief under Hurst v. Florida, arguing his death sentences should be vacated. The Florida Supreme Court affirms the denial, holding that Hurst does not apply retroactively to Ford's sentences that became final in 200
• Suggs v. State
  234 So. 3d 546· Fla.· 2018-01-22 ·cited 1×
  Ernest D. Suggs appealed the denial of his motion under Florida Rule of Criminal Procedure 3.851 and his habeas corpus petition, seeking relief based on Hurst v. Florida. The Florida Supreme Court affirmed the denial, holding that Hurst does not apply retroactively to Suggs' deat
• Kayle Barrington Bates v. State
  238 So. 3d 98· Fla.· 2018-01-22 ·cited 1×
  Kayle Bates appeals the denial of his Rule 3.851 motion and petitions for habeas corpus relief based on Hurst v. Florida, arguing his death sentence should be vacated. The Florida Supreme Court affirms the denial, holding that Hurst does not apply retroactively to Bates' sentence
• Nelson v. Junior
  227 So. 3d 737· Fla. 3d DCA· 2017-09-20 ·cited 1×·via Writ Of Habeas Corpus
  Nelson sought habeas corpus relief challenging his continued detention beyond 40 days without formal charges, claiming the State's failure to file an information entitled him to release on recognizance. The court denied relief, finding that a Florida Supreme Court administrative
• Williams v. State
  224 So. 3d 861· Fla. 1st DCA· 2017-08-15 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court concerning the specific Miami-Dade County Circuit Court case due to abuse of the legal process.
• Butler v. Jones
  225 So. 3d 923· Fla. 1st DCA· 2017-08-14 ·cited 1×
  Butler filed a petition for writ of mandamus/habeas corpus challenging the Florida Department of Corrections' calculation of his tentative release date (TRD). The circuit court dismissed the petition, concluding it lacked jurisdiction over what it deemed a collateral challenge to
• Jahem Reeters v. Israel
  223 So. 3d 265· Fla. 4th DCA· 2017-06-28 ·cited 1×
  A 14-year-old juvenile charged as an adult with armed carjacking and robbery seeks habeas corpus relief challenging his detention without bond. The court upholds the no-bond order, holding that changes to Florida's juvenile sentencing law in 2014 now make life imprisonment a poss