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

• Natsuko Zumalt v. State
  791 So. 2d 592· Fla. 1st DCA· 2001-08-21 ·cited 1×
• Yahweh v. United States Parole Comm'n
  158 F. Supp. 2d 1332· S.D. Fla.· 2001-08-15 ·cited 1×
  The court held that habeas corpus is not the exclusive remedy for parolees challenging their conditions of release, and that exhaustion of administrative remedies is not always required. Therefore, the court has jurisdiction over the action.
• Gray v. State
  791 So. 2d 560· Fla. 5th DCA· 2001-08-03 ·cited 1×
  The court held that section 947.1405(6), Florida Statutes, does not violate the separation of powers doctrine by vesting unbridled discretion in the Parole Commission.
• Bridges v. Vasquez
  151 F. Supp. 2d 1353· N.D. Fla.· 2001-07-06 ·cited 1×·via Habeas Corpus Petition
  A federal defendant cannot use 28 U.S.C. § 2241 to challenge a conviction based on the Apprendi rule if 28 U.S.C. § 2255 will provide an adequate and effective remedy in due course.
• Harris v. State
  789 So. 2d 1114· Fla. 1st DCA· 2001-06-21 ·cited 1×
  The court held that a petition for a writ of habeas corpus was properly denied because it failed to state a facially sufficient claim under Florida Rules of Criminal Procedure 3.850 or 3.800(a).
• Nava v. State
  781 So. 2d 1136· Fla. 4th DCA· 2001-02-28 ·cited 1×
  The petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is untimely because it was filed more than two years after the conviction became final on direct review.
• Shurman v. Moore
  783 So. 2d 1086· Fla. 1st DCA· 2001-01-26 ·cited 1×
  The trial court departed from the essential requirements of law by misapplying precedent regarding the date for calculating gain-time credit.
• Winer v. Spears
  771 So. 2d 621· Fla. 3d DCA· 2000-11-22 ·cited 1×
  The appellate court reviewed a denial of a bond reduction motion and a subsequent denial by a successor judge, with the concurring judge arguing that the bond was not shown to be excessive without knowing the value of proposed collateral.
• Murray v. Kearney
  770 So. 2d 273· Fla. 4th DCA· 2000-11-01 ·cited 1×
  The court held that it lacked jurisdiction to grant the petition for writ of habeas corpus because the civil commitment order was not illegal, even if it conflicted with a prior plea agreement.
• Springer v. State
  770 So. 2d 217· Fla. 1st DCA· 2000-10-23 ·cited 1×
  Springer sought a belated appeal from an order denying his motion for postconviction relief. The court held that his court-appointed counsel, despite claiming the appointment terminated after the evidentiary hearing, remained obligated to represent him and file a notice of appeal
• S.J.D. v. State
  774 So. 2d 33· Fla. 2d DCA· 2000-09-27 ·cited 1×·via Habeas Corpus Jurisdiction
  The trial judge exceeded legal authority by ordering only he could preside over S.J.D.'s detention hearing, overriding statutory time requirements.
• Rodwell v. Singletary
  114 F. Supp. 2d 1308· M.D. Fla.· 2000-09-27 ·cited 1×
  The federal court dismissed the habeas corpus petition as untimely filed and procedurally barred, finding no exceptions to the bar.
• Bentley v. State
  769 So. 2d 430· Fla. 4th DCA· 2000-09-20 ·cited 1×
  Jack Bentley petitioned for habeas corpus review challenging a trial court's denial of gain-time credits he claimed he was entitled to receive under a federal settlement agreement (Raines v. Florida) for disabled inmates. The appellate court granted the petition in part, finding
• Wilson v. Moore
  767 So. 2d 1246· Fla. 1st DCA· 2000-09-08 ·cited 1×
• Donohue v. Jenne
  765 So. 2d 969· Fla. 4th DCA· 2000-09-06 ·cited 1×
  The appellate court held that the trial court did not err in setting a $250,000 bail bond for each of four cases involving indecent assault on a child, considering the defendant's flight risk and prior convictions.
• Dicolla v. State
  763 So. 2d 1286· Fla. 5th DCA· 2000-08-24 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the trial court must promptly rule on a motion for setting or modifying bail.
• Sinyard v. State
  799 So. 2d 1067· Fla. 2d DCA· 2000-07-19 ·cited 1×
• Kennith Blount v. Spears
  758 So. 2d 1287· Fla. 3d DCA· 2000-06-14 ·cited 1×
  Florida appellate court granted habeas corpus relief, holding that a circuit judge cannot revoke pre-trial release and impose detention without bond based solely on the filing of an information, absent sworn testimony establishing probable cause.
• Williams v. Singletary
  765 So. 2d 107· Fla. 2d DCA· 2000-06-02 ·cited 1×
  Court granted habeas petition for ineffective assistance of appellate counsel where appellate counsel failed to raise on direct appeal the trial court's denial of a continuance motion that caused severe prejudice.
• Obenschain v. Williams
  750 So. 2d 771· Fla. 1st DCA· 2000-02-16 ·cited 1×
  Jacqueline Obenschain, proceeding through a guardian advocate, appealed dismissal of her civil rights complaint seeking declaratory and injunctive relief under 42 U.S.C. § 1983 and a habeas corpus petition under Florida law. The court reversed because the trial court lacked basis
• Marshall v. Moore
  745 So. 2d 464· Fla. 4th DCA· 1999-11-17 ·cited 1×·via Habeas Corpus Petition
  A prisoner is not entitled to credit towards their sentence for the time spent at large while escaped.
• J.W. v. Dep't OF Juv. Just.
  742 So. 2d 320· Fla. 1st DCA· 1999-06-21 ·cited 1×·via Writ Of Habeas Corpus
  J.W., a juvenile charged with sexual battery on children, petitioned for a writ of habeas corpus challenging his placement in secure detention while incompetent to proceed in delinquency cases. The appellate court denied the petition, holding that secure detention was proper base
• Leon v. Moore
  734 So. 2d 513· Fla. 3d DCA· 1999-05-19 ·cited 1×·via Writ Of Habeas Corpus
  Philip Leon petitions for a writ of habeas corpus challenging his appellate counsel's effectiveness for failing to raise a hearsay objection to evidence of merchandise value at trial. The court denies the petition, holding that appellate counsel cannot be deemed ineffective for f
• Howard v. Moore
  730 So. 2d 800· Fla. 4th DCA· 1999-03-31 ·cited 1×
  Willie C. Howard petitioned for a writ of habeas corpus alleging his appellate counsel was ineffective for failing to argue that the trial court's jury reinstruction on homicide offenses was incomplete. The court granted the petition, finding that the reinstruction on justifiable
• Verdelotti v. Moore
  730 So. 2d 373· Fla. 1st DCA· 1999-03-30 ·cited 1×
  Petitioner Verdelotti challenges his placement on control release and the forfeiture of gain-time credits on sentences for pre-1990 offenses following a control release violation. The court holds that while the Florida Parole Commission could impose control release based on his 1
• Kilpatrick v. Houston
  36 F. Supp. 2d 1328· N.D. Fla.· 1999-02-23 ·cited 1×
  The Bureau of Prisons exceeded its statutory authority by categorically excluding prisoners from sentence reduction eligibility based on firearm possession enhancements, as this conflicts with the plain meaning of 18 U.S.C. § 3621(e)(2)(B).
• Swain v. Singletary
  42 F. Supp. 2d 1284· M.D. Fla.· 1999-02-19 ·cited 1×
  The court held that the petitioner was not entitled to habeas corpus relief on any of his grounds, as his claims were either procedurally barred, harmless error, or not supported by the record.
• M.W. v. Arlonia Davis
  722 So. 2d 966· Fla. 4th DCA· 1999-01-06 ·cited 1×
  A Baker Act hearing is not required when the Department of Children and Family Services, as legal custodian of a dependent child, seeks court approval for non-ordinary residential mental health treatment.
• Alday v. Singletary
  719 So. 2d 1260· Fla. 1st DCA· 1998-11-04 ·cited 1×
  Glen Alday challenged a circuit court's denial of his habeas corpus petition. The court affirmed the denial because Alday filed his petition in the wrong judicial circuit—he was incarcerated in the Tenth Judicial Circuit but filed in the Twelfth Judicial Circuit, violating the re
• Maggard v. Singletary
  23 F. Supp. 2d 1367· M.D. Fla.· 1998-08-31 ·cited 1×
  The court held that the petitioner failed to establish cause or prejudice to excuse his abuse of the writ, and thus his habeas petition should be dismissed.
• Pope v. State
  711 So. 2d 638· Fla. 5th DCA· 1998-06-05 ·cited 1×
• Johnson v. Singletary
  708 So. 2d 321· Fla. 3d DCA· 1998-03-18 ·cited 1×
• Raines v. State
  987 F. Supp. 1416· N.D. Fla.· 1997-11-21 ·cited 1×
  The court approved the proposed class action settlement, finding it fair, reasonable, and adequate, and that the objections raised did not render it unfair.
• Brown v. Manning
  696 So. 2d 1367· Fla. 3d DCA· 1997-07-25 ·cited 1×
• Raba v. Manning
  696 So. 2d 1367· Fla. 3d DCA· 1997-07-25 ·cited 1×
• Cridland v. Singletary
  695 So. 2d 794· Fla. 1st DCA· 1997-05-02 ·cited 1×
  Florida appellate court reversed denial of habeas corpus/mandamus petition, holding that retroactive application of a statute disqualifying prisoner from provisional credits violates ex post facto protections under Lynce v. Mathis.
• Rashid v. Manning
  773 So. 2d 65· Fla. 3d DCA· 1997-03-27 ·cited 1×
• Tapia v. State
  676 So. 2d 1059· Fla. 3d DCA· 1996-07-17 ·cited 1×
  Jose Luis Tapia was convicted of first-degree murder in a joint trial with co-defendant Cook, where both defendants' statements to police were used against each other without cross-examination opportunity. After Tapia's direct appeal was affirmed and Cook's similar appeal was rev
• Walden v. Fla. Dep't of Corr.
  90 F. Supp. 50· N.D. Fla.· 1996-06-24 ·cited 1×
• Werner v. Hickey
  920 F. Supp. 1257· M.D. Fla.· 1996-04-09 ·cited 1×
  The court held that the magistrate had jurisdiction, sufficient evidence supported probable cause, and the offense was extraditable under the treaty, thus denying the petition for writ of habeas corpus.
• P.M. v. Carter
  658 So. 2d 188· Fla. 3d DCA· 1995-08-07 ·cited 1×
• Irwin v. Singletary
  882 F. Supp. 1036· M.D. Fla.· 1995-04-13 ·cited 1×
  The court held that the trial court's denial of a peremptory challenge and the prosecutor's comments did not rise to constitutional error warranting habeas relief. The court also found that evidence of the recurrence of sexual attacks and newly discovered evidence claims were not
• Whelpley v. Costa
  648 So. 2d 1252· Fla. 4th DCA· 1995-01-25 ·cited 1×·via Writ Of Habeas Corpus
• Hill v. State
  639 So. 2d 195· Fla. 2d DCA· 1994-07-13 ·cited 1×
  The court held that the trial court erred in treating a motion for postconviction relief as an untimely motion for correction of sentence under rule 3.800(b) instead of a motion under rule 3.850. The court reversed and remanded for consideration of the timely filed motion.
• L.A. v. Carter
  623 So. 2d 1219· Fla. 3d DCA· 1993-09-09 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a juvenile cannot be detained pending an adjudicatory hearing without a prior judicial determination of probable cause.
• Minerva v. Singletary
  830 F. Supp. 1426· M.D. Fla.· 1993-08-23 ·cited 1×
  The Capital Collateral Representative (CCR) lacks standing to file a habeas corpus petition on behalf of an inmate who has knowingly and voluntarily waived his right to collateral counsel and further proceedings.
• Hernandez v. Dugger
  829 F. Supp. 372· M.D. Fla.· 1993-08-17 ·cited 1×
  The court held that a trial court's refusal to permit a criminal defendant to testify unconstitutionally impairs the defendant's right to testify, and this error is structural, not subject to harmless error analysis.
• United States v. Montgomery
  998 F.2d 1468· 9th Cir.· 1993-07-13 ·cited 1×
  The court held that the government failed to use reasonable efforts to produce a confidential informant, violating the defendant's due process rights.
• Polo v. Horgan
  828 F. Supp. 961· S.D. Fla.· 1993-07-12 ·cited 1×
  The court held that the petition for writ of habeas corpus is denied because the magistrate judge had jurisdiction, the charged offenses are extraditable under the treaty, and there was sufficient evidence to establish probable cause.
• Jones v. Singletary
  621 So. 2d 760· Fla. 3d DCA· 1993-07-06 ·cited 1×·via Writ Of Habeas Corpus
  Keith Maurice Jones petitioned for habeas corpus alleging his appellate counsel was ineffective for failing to raise two sentencing issues on direct appeal: improper enhancement of his third-degree murder conviction and a double jeopardy violation regarding his firearm possession