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

• Walker v. Al Lamberti
  29 So. 3d 1172· Fla. 4th DCA· 2010-03-08 ·cited 1×
  Walker petitioned for habeas corpus seeking discharge from a 30-day jail-based drug treatment program imposed as a sanction for failing a drug test in a pretrial intervention (PTI) program. The Florida Fourth District Court of Appeal denied the petition, holding that the legislat
• R.J.L v. State
  22 So. 3d 130· Fla. 5th DCA· 2009-11-13 ·cited 1×
  The court held that a juvenile ordered into secure detention more restrictive than indicated by a risk assessment instrument must be provided with written reasons for that placement.
• Puiatti v. Secretary, Dept. of Corrections
  651 F. Supp. 2d 1286· M.D. Fla.· 2009-08-14 ·cited 1×
  The Court held that Puiatti's petition must be granted as to the penalty phase due to a violation of his Eighth Amendment right to individualized sentencing, but denied as to the guilt phase.
• Gorman J. Roberts v. State of Fla. & Al Lamberti
  10 So. 3d 1209· Fla. 4th DCA· 2009-06-30 ·cited 1×
  The court held that a magistrate's failure to consider conditions of release before denying bond warrants habeas corpus relief.
• Arnold v. McNeil
  622 F. Supp. 2d 1294· M.D. Fla.· 2009-03-31 ·cited 1×
  The State failed to disclose material information concerning a key witness's crimes, violating the defendant's due process rights under Brady v. Maryland.
• Tonuya Rainey v. Al Lamberti
  9 So. 3d 58· Fla. 4th DCA· 2009-03-27 ·cited 1×·via Habeas Corpus Relief
  Habeas corpus petition granted and remanded because the trial court failed to consider appropriate pretrial release factors under Florida law when setting bond, despite the bond amount itself not being inherently problematic.
• Jones v. Fla. Parole Comm'n
  4 So. 3d 91· Fla. 4th DCA· 2009-03-04 ·cited 1×
  The circuit court did not err in dismissing the habeas corpus petition as untimely.
• Mansfield v. Sec'y, Dep't of Corr.
  601 F. Supp. 2d 1267· M.D. Fla.· 2009-02-26 ·cited 1×
  The court held that the petitioner's claims regarding the HAC aggravator, proportionality of sentence, consideration of mitigating factors, and admission of evidence were procedurally barred or failed to meet the AEDPA standard of review.
• Griffin v. McNEIL
  995 So. 2d 1178· Fla. 4th DCA· 2008-12-15 ·cited 1×
  The court held that a defendant cannot be sentenced for a crime with a firearm enhancement if the firearm element was not charged or found by the jury.
• Huntley H. Thompson v. State
  994 So. 2d 1176· Fla. 3d DCA· 2008-11-05 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the trial court properly denied the petition for a writ of habeas corpus because the claims were raised in a successive and time-barred manner, and the Brady claim was facially insufficient.
• Carlton Bannister v. State
  990 So. 2d 595· Fla. 3d DCA· 2008-08-13 ·cited 1×
  Carlton Bannister petitioned for habeas corpus relief seeking a belated appeal of a trial court order that corrected his sentence for attempted first-degree murder from life to thirty years pursuant to Florida Rule of Criminal Procedure 3.800(b). The Florida District Court of App
• Lopez v. State
  987 So. 2d 750· Fla. 3d DCA· 2008-07-09 ·cited 1×
  Raymond Lopez appealed the trial court's denial of his successive motion for post-conviction relief, in which he alleged ineffective assistance of counsel regarding scoresheet errors and guideline calculations that allegedly rendered his guilty plea involuntary. The appellate cou
• Joseph v. State
  976 So. 2d 94· Fla. 3d DCA· 2008-02-27 ·cited 1×·via Writ Of Habeas Corpus
  Gregory Joseph appeals the denial of his second successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging his guilty plea to second-degree murder and aggravated child abuse. The appellate court affirmed the trial court's denial on pro
• Sykes v. State
  974 So. 2d 1133· Fla. 1st DCA· 2008-02-11 ·cited 1×
  Melvin Sykes appealed the dismissal of his habeas corpus petition challenging the Baker County Correctional Institution's admission of him based on an incomplete commitment form, alleging violation of Florida Statutes section 944.17(5). The court affirmed the dismissal but clarif
• Brooks v. Fla. Parole Comm'n
  974 So. 2d 494· Fla. 4th DCA· 2008-01-30 ·cited 1×
  Lorenzo Brooks challenged the constitutionality of Florida's conditional release statutes as violating due process, arguing the statutes failed to provide a list of prohibited acts that could result in revocation. The court affirmed the circuit court's denial of his habeas petiti
• Latson v. State
  963 So. 2d 983· Fla. 4th DCA· 2007-09-12 ·cited 1×
• N.S. v. Flowers
  963 So. 2d 310· Fla. 4th DCA· 2007-08-14 ·cited 1×
• Perez v. State
  959 So. 2d 408· Fla. 3d DCA· 2007-06-20 ·cited 1×
  Antonio Perez appeals the denial of his postconviction motion for a new trial, which raised claims of ineffective assistance of counsel and trial court errors regarding scientific evidence and burden of proof. The court affirmed the denial, finding Perez's claims were time-barred
• Ric L. Bradshaw v. Sandler
  955 So. 2d 1219· Fla. 4th DCA· 2007-05-09 ·cited 1×·via Writ Of Habeas Corpus
  The Sheriff of Palm Beach County sought certiorari relief to overturn a trial court order requiring him to transport a pre-trial inmate to a private dentist for treatment. The court granted the petition and quashed the order, holding that decisions regarding jail inmate health ca
• Johnson v. Moore
  472 F. Supp. 2d 1344· M.D. Fla.· 2007-02-07 ·cited 1×
  The court held that the trial court properly excluded evidence of the complainant's alleged prostitution and drug use under Florida's rape shield law, as the defense failed to lay the proper predicate for its admission.
• Miller v. State of Fla. & Ken Jenne
  960 So. 2d 7· Fla. 4th DCA· 2007-01-19 ·cited 1×
  Ricardo Miller challenged his involuntary commitment to a state forensic hospital for violating conditions of his conditional release. The court granted his habeas corpus petition, holding that the trial court lacked authority to commit him without evidence that he met the statut
• Caracciolo v. McDonough
  456 F. Supp. 2d 1240· S.D. Fla.· 2006-10-18 ·cited 1×
  The court held that the petitioner, Mr. Caracciolo, failed to establish actual innocence to overcome the procedural bar on his claims, and therefore denied his petition for a writ of habeas corpus.
• Morris v. State
  951 So. 2d 1· Fla. 3d DCA· 2006-10-11 ·cited 1×
  Morris appealed orders denying his motion to correct sentences, arguing that the trial court's oral pronouncement was for concurrent ten-year sentences rather than the consecutive forty years imposed in the written sentencing orders. The appellate court affirmed the denial of rel
• Russell v. Fla. Parole Comm'n
  946 So. 2d 32· Fla. 1st DCA· 2006-09-18 ·cited 1×·via Writ Of Habeas Corpus
• Cloyd v. State
  943 So. 2d 149· Fla. 3d DCA· 2006-07-12 ·cited 1×·via Writ Of Habeas Corpus
  Thomas Porter Cloyd, a copilot, was convicted of operating an aircraft while intoxicated in violation of Florida Statute § 860.13. The appellate court affirmed the conviction, rejecting preemption challenges, constitutional vagueness and delegation arguments, and evidentiary obje
• Everett v. State
  928 So. 2d 1241· Fla. 3d DCA· 2006-05-17 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a challenge to a guilty plea based on the lack of a factual basis is procedurally barred when raised in a habeas corpus petition after direct appeal and motion to withdraw plea. The court also found the claim to be without merit.
• Mortimer v. State
  922 So. 2d 1104· Fla. 4th DCA· 2006-03-22 ·cited 1×
  Thomas Mortimer sought habeas corpus relief challenging Florida's sexual offender registration and reporting statutes on single-subject constitutional grounds. The Fourth District Court of Appeal dismissed the petition, holding that habeas corpus is not the appropriate remedy for
• Zocaras v. Castro
  158 F. Supp. 946· S.D. Fla.· 2005-10-19 ·cited 1×
• Janowski v. State
  910 So. 2d 309· Fla. 4th DCA· 2005-08-31 ·cited 1×
  Steven Janowski appealed the denial of his motion to correct an illegal sentence under Rule 3.800(a), claiming a discrepancy between the oral pronouncement (6.35 months) and written sentence (76.35 months). The appellate court affirmed the denial on the merits, finding the record
• Johnson v. State
  906 So. 2d 361· Fla. 5th DCA· 2005-07-15 ·cited 1×
  Florida appellate court granted habeas corpus petition because trial court failed to comply with Rule of Criminal Procedure 3.830 by not giving defendant adequate opportunity to present evidence of excusing or mitigating circumstances in direct criminal contempt proceeding.
• Alvarez v. Crosby
  907 So. 2d 1231· Fla. 3d DCA· 2005-07-13 ·cited 1×
  Hector Manuel Alvarez petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The appellate court initially reversed his convictions for sexual battery and lewd assault based on erroneous exclusion of impeachment testimony, but then affirmed after the S
• Tavia Smith v. McRAY
  907 So. 2d 575· Fla. 3d DCA· 2005-07-13 ·cited 1×
  Tavia Smith sought a writ of habeas corpus challenging her pretrial detention without bond. The Florida District Court of Appeal granted the petition, finding the trial court lacked authority to order an immediate drug test and subsequent detention based solely on the petitioner'
• Tooley v. State
  902 So. 2d 342· Fla. 5th DCA· 2005-05-27 ·cited 1×
  The trial court lacked jurisdiction to deny a petition for writ of habeas corpus on the merits when the petitioner was incarcerated in a different judicial circuit.
• Demick v. Hadi
  894 So. 2d 1087· Fla. 2d DCA· 2005-03-09 ·cited 1×
  The court reversed the trial court's dismissal of a habeas corpus petition challenging civil detention under the Jimmy Ryce Act, holding that alleged violations of statutory time requirements are proper grounds for habeas relief and must be decided on the merits rather than dismi
• Valdes v. State
  892 So. 2d 565· Fla. 3d DCA· 2005-02-09 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the defendant's sentences were not illegal and did not violate Apprendi or Blakely.
• Gadson v. Jenne
  882 So. 2d 531· Fla. 4th DCA· 2004-09-22 ·cited 1×
  Petitioner Gadson sought habeas corpus relief from revocation of his pretrial bond. The court granted the petition, holding that a second judge cannot reconsider and reverse a prior judge's bond decision without new evidence being presented.
• Thomas v. Fla. Parole Comm'n
  872 So. 2d 339· Fla. 2d DCA· 2004-04-14 ·cited 1×
  Stanley Thomas challenged the revocation of his conditional release by the Florida Parole Commission. The court granted his certiorari petition, finding that his conditional release was illegally revoked because he was never properly ordered to complete the drug treatment conditi
• Quigley v. State
  848 So. 2d 382· Fla. 4th DCA· 2003-05-28 ·cited 1×
  The appellate court reversed a trial court's denial of a post-conviction relief motion, finding that laches did not bar the claim. The court held that the motion was timely filed under the precedent set by Steele v. Kehoe, which allows for belated post-conviction motions when cou
• Ingrassia v. Thompson
  843 So. 2d 986· Fla. 4th DCA· 2003-04-30 ·cited 1×
  Ingrassia sought habeas corpus relief, alleging his appellate counsel was ineffective for failing to raise on direct appeal the trial court's restriction of defense counsel's voir dire questioning about the defendant's recantation. The court granted the petition, finding appellat
• Kelley v. Singletary
  265 F. Supp. 2d 1305· S.D. Fla.· 2003-03-26 ·cited 1×
  The court granted the State's motion for a stay pending appeal to avoid violating the 90-day retrial rule, but ordered the petitioner released from custody during the appeal, finding no risk of flight or danger.
• Cupon v. State
  833 So. 2d 302· Fla. 1st DCA· 2002-12-31 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus is the proper remedy to seek relief for ineffective assistance of appellate counsel when counsel fails to raise a preserved and meritorious issue that would have led to a different outcome.
• AMENDMENT TO THE FLA. RULES OF APP. PROCEDURE (RULE 9.142)
  837 So. 2d 911· Fla.· 2002-10-31 ·cited 1×·via Writ Of Habeas Corpus
  The Florida Supreme Court adopted a new appellate rule, Rule 9.142, to establish unified procedures governing review of death penalty cases, consolidating direct appeal procedures and creating a new mechanism for reviewing nonfinal orders in death penalty postconviction proceedin
• In re Managed Care Litigation
  110 F. Supp. 126· S.D. Fla.· 2002-09-26 ·cited 1×
  The court denied class certification for the Subscriber track claims under Rule 23(b)(2) and (b)(3) due to a lack of uniform conduct and predominance of individual issues, while granting certification for the Provider track.
• Brown v. Singletary
  229 F. Supp. 2d 1345· S.D. Fla.· 2002-09-09 ·cited 1×
  The court held that the petitioner has met his burden of establishing actual innocence, allowing procedurally defaulted claims to be heard.
• Yudex Castellanos v. Moore
  822 So. 2d 585· Fla. 3d DCA· 2002-08-07 ·cited 1×
  The court held that appellate counsel was not ineffective for failing to raise a burglary claim based on the Delgado decision, as the claim would have been foreclosed by existing precedent.
• Heddie Smith Vereen v. Spears
  819 So. 2d 923· Fla. 3d DCA· 2002-06-19 ·cited 1×·via Habeas Corpus Relief
• Jeanty v. Bulger
  204 F. Supp. 2d 1366· S.D. Fla.· 2002-05-17 ·cited 1×
  Haitian nationals rescued from a boat in December 2001 sought habeas corpus relief and injunctive relief challenging their detention pending asylum proceedings. The INS had reversed its general presumption of release for undocumented Haitians arriving in South Florida, requiring
• Israel v. Jenne
  820 So. 2d 336· Fla. 4th DCA· 2002-03-11 ·cited 1×·via Writ Of Habeas Corpus
• Thompson v. State
  796 So. 2d 511· Fla.· 2001-09-20 ·cited 1×
  Charlie Thompson, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion raising ineffective assistance of counsel claims. The Florida Supreme Court remanded three specific ineffective assistance claims for evidentiary hearing (jury voir dire, inv
• Haliburton v. Sec'y for the Dep't of Corr.
  160 F. Supp. 2d 1382· S.D. Fla.· 2001-09-10 ·cited 1×
  The court denied the petition for writ of habeas corpus, finding that the state court's decisions were reasonable and that trial counsel's performance was not constitutionally ineffective.