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

• Restrepo v. The Judges OF the Courts OF Broward Cnty.
  231 So. 2d 17· Fla. 4th DCA· 1970-01-30 ·cited 1×
  The court held that the lower courts did not err in their various orders regarding child custody, travel, and the denial of habeas corpus petitions.
• Farmer v. Beto
  421 F.2d 184· 5th Cir.· 1969-12-22 ·cited 1×
  The court held that a guilty plea waives all prior non-jurisdictional defects, and affirmed the denial of the habeas corpus petition.
• Hogan v. Atkins
  411 F.2d 576· 5th Cir.· 1969-05-07 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the statute prohibiting possession of burglary tools was not unconstitutionally vague or broad, and the evidence was seized lawfully.
• King v. Sheriff, Joe Adams
  410 F.2d 455· 5th Cir.· 1969-04-28 ·cited 1×
  Federal courts will not interfere with state criminal law administration absent extraordinary circumstances.
• Greenwood v. Purdy
  208 So. 2d 277· Fla. 3d DCA· 1968-03-19 ·cited 1×
  Robert Greenwood appealed a circuit court's denial of his habeas corpus petition seeking reduction of his $100,000 bail, which was set after his arrest on charges including breaking and entering, robbery, and assault with intent to commit murder. The appellate court affirmed the
• Gladden v. Pogue
  384 F.2d 920· 9th Cir.· 1967-11-03 ·cited 1×
  The court affirmed the grant of habeas corpus, finding the district court's determination that the appellee did not consent to the search was not clearly erroneous.
• Powell v. Wilson
  190 So. 2d 31· Fla. 1st DCA· 1966-09-01 ·cited 1×
  The Florida District Court of Appeal denied a petition for a writ of habeas corpus filed by an indigent inmate unable to pay his fine, holding that habeas corpus is not a substitute for a direct appeal or other post-conviction relief.
• Wright v. Gibson
  364 F.2d 507· 5th Cir.· 1966-06-15 ·cited 1×
  The court denied the motion to dismiss the appeal for lack of prosecution and the appellant's request to withdraw the appeal.
• Ruark v. Tinsley
  350 F.2d 315· 10th Cir.· 1965-08-03 ·cited 1×
  The court held that the lower court properly denied the application for a writ of habeas corpus because the petitioners had not exhausted their state remedies under Rule 35(b) of the Colorado Rules of Criminal Procedure.
• Buchanan v. The State of Fla. ex rel. Dennis Mullene Moon
  166 So. 2d 705· Fla. 3d DCA· 1964-08-05 ·cited 1×
  This case reviews a circuit judge's order in a habeas corpus proceeding that allowed an appellee to appeal an extradition warrant without paying costs. The appellate court reversed this part of the order, citing precedent that requires costs to be paid for appeals.
• Schack v. Louie L. Wainwright
  166 So. 2d 134· Fla.· 1964-06-03 ·cited 1×·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner had not demonstrated a timely pursuit of appellate remedies or presented an independent ground for the court's jurisdiction. The court affirmed the trial court's denial of the pet
• Ivey v. State
  157 So. 2d 811· Fla.· 1963-11-22 ·cited 1×
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner had waived his right to counsel and had failed to pursue timely appellate remedies. The court determined there were no independent grounds to invoke its jurisdiction.
• Kelly v. State of Fla. ex rel. Bernard Mason
  137 So. 2d 608· Fla. 3d DCA· 1962-02-08 ·cited 1×
  The court held that an information alleging a bribe offered to a police officer to suppress complaints against the defendant sufficiently charged bribery under the Florida Bribery Statute.
• State ex rel. Ted Rinehart v. Cochran
  137 So. 2d 243· Fla. 1st DCA· 1962-02-06 ·cited 1×
  Ted Rinehart, a convicted prisoner, petitioned for habeas corpus challenging his detention by the Florida Division of Corrections. The circuit court quashed the writ and remanded him to custody. The appellate court affirmed, holding that habeas corpus does not properly serve to e
• State of Fla. ex rel. Richard Frank Parker v. Reynolds
  123 So. 2d 465· Fla.· 1960-10-03 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a subsequent original petition for habeas corpus will not be entertained when the same issues have already been adjudicated by a circuit court, unless reviewed by appeal.
• State of Fla. ex rel. Willis Sanders v. Kelly
  113 So. 2d 754· Fla. 3d DCA· 1959-07-03 ·cited 1×
  Willis Sanders petitioned for a writ of habeas corpus challenging a bond of $1,050 set by the Circuit Court for driving under the influence and reckless driving charges in Metropolitan Court. The Florida District Court of Appeal quashed the writ, holding that the Circuit Court la
• State of Fla. ex rel. Morgan Simpson v. Mayo
  95 So. 2d 424· Fla.· 1957-05-22 ·cited 1×
  This habeas corpus petition alleged that Simpson was convicted of robbery based on false testimony induced by prosecutorial threats and promises. The Florida Supreme Court, after appointing a commissioner to take testimony, found no evidence that the prosecution knowingly used fa
• Bourchier v. van Metre
  223 F.2d 646· D.C. Cir.· 1955-06-23 ·cited 1×
  The court held that alleged errors in a court-martial proceeding, which do not affect jurisdiction or raise constitutional issues, are matters for military appellate tribunals, not federal habeas corpus review.
• Atkins v. Moore
  218 F.2d 637· 5th Cir.· 1955-01-20 ·cited 1×
  The court held that if the petitioner's allegations of inadequate counsel in a capital case are proven, he has been deprived of liberty without due process of law.
• United States ex rel. Vito Vincenzo Liotine v. Neelly
  205 F.2d 570· 7th Cir.· 1953-06-23 ·cited 1×
  The court affirmed the district court's judgment, upholding the deportation order.
• Brown v. Sanford
  170 F.2d 344· 5th Cir.· 1948-11-03 ·cited 1×
  The court held that the record did not support the appellant's claims of coerced confession or denial of due process, and that the court-martial had jurisdiction.
• Williams v. United States
  168 F.2d 866· 5th Cir.· 1948-06-22 ·cited 1×
  The court held that the appellant's challenges to the indictment and sentence were without merit, either because they were previously rejected or not properly presented to the lower court.
• Kirk v. Kirk
  D.D.C.· 1945-06-25 ·cited 1×
  The court held that the District Court erred in being bound by the West Virginia custody order and should instead determine the child's present and future welfare.
• State v. Coleman
  155 Fla. 555· Fla.· 1945-02-09 ·cited 1×
  The Florida Supreme Court affirmed the conviction of appellant and 98 others for violating a statute prohibiting obstruction of public roads. The court held that municipal streets can constitute public roads under the statute, and that willful obstruction is a distinct crime from
• De Maurez v. Squier
  134 F.2d 325· 9th Cir.· 1943-03-09 ·cited 1×
  The court denied the motion for leave to prosecute an appeal in forma pauperis.
• Hart v. Stinson
  135 Fla. 331· Fla.· 1938-12-10 ·cited 1×
  This case concerns whether certain agricultural tractors and trailers, when operated on public highways, are considered "motor vehicles" requiring state registration and license plates. The court held that the specific use and construction of these vehicles determine their classi
• Patterson v. Christensen
  133 Fla. 816· Fla.· 1938-08-02 ·cited 1×
  In this original habeas corpus proceeding, the Florida Supreme Court rejected a prisoner's challenge to detention under two warrants issued by a Justice of the Peace, holding that habeas corpus is not the appropriate vehicle to challenge venue unless the court is shown to lack ju
• Powell v. Stone
  124 Fla. 789· Fla.· 1936-07-10 ·cited 1×
  The Florida Supreme Court reversed a lower court's decision in a habeas corpus proceeding, holding that a Justice of the Peace cannot sentence a minor under 17 to jail time. The case was remanded for further proceedings in the Juvenile Court.
• State v. Milburn
  118 Fla. 376· Fla.· 1935-02-09 ·cited 1×
  This case concerns a challenge to a conviction based on the alleged unconstitutionality of the municipal court that issued the commitment. The court found that the municipal court, though established under a special taxing district act, was a de facto court for the City of West P
• McDonald v. Hunter
  113 Fla. 318· Fla.· 1933-12-20 ·cited 1×
  Leo McDonald petitioned for habeas corpus after being jailed for refusing to pay sheriff's costs following his misdemeanor conviction. The Florida Supreme Court rejected his constitutional challenge to a 1933 statute that allegedly discriminated against persons in low-population
• State v. Mizell
  106 Fla. 65· Fla.· 1932-06-30 ·cited 1×
  The Florida Supreme Court reversed a conviction under a Bartow city ordinance regulating bankruptcy and receivership sales, holding that the ordinance was unconstitutionally overbroad as it imposed unreasonable burdens on legitimate merchants conducting regular sales of their own
• United States ex rel. Campbell v. Bishop
  S.D. Fla.· 1930-03-04 ·cited 1×
  Willard Campbell sought habeas corpus relief claiming his conviction was invalid because the court record failed to explicitly state that he was adjudged guilty upon his plea of guilty before sentencing. The District Court held that where the record clearly shows a guilty plea, q
• Ex parte Weathers
  S.D. Fla.· 1929-06-27 ·cited 1×
  A. H. Weathers sought habeas corpus relief after being detained pursuant to a presidential warrant for violating conditions of a conditional commutation. The court held that the President has constitutional authority to attach binding conditions to commutations, and when a convic
• Downs v. Dixon
  Fla. 4th DCA· 2026-10-01
  The trial court's dismissal of Downs' challenge to his incarceration was affirmed.
• Bodie v. State
  Fla. 4th DCA· 2026-09-24
  The trial court's denial of the habeas corpus petition was affirmed.
• Barger v. Adkinson
  Fla. 1st DCA· 2026-09-23
  A criminal defendant represented by counsel cannot proceed pro se in filing a habeas corpus petition.
• Walsh v. State
  Fla. 1st DCA· 2026-09-23
  The petition for writ of habeas corpus was dismissed.
• Miller v. State
  Fla. 2d DCA· 2026-09-18
  A trial court abuses its discretion in setting bail when it bases its decision entirely on the nature of the alleged offenses without considering statutory factors including the defendant's financial resources, family ties, employment, community ties, and flight risk. A statutory
• Smiley v. State of Fla. & Benjamin Davis Smiley
  Fla.· 2026-09-17 ·via Habeas Corpus Petition
  Trial counsel was not ineffective for failing to move for reconsideration of the trial court's order admitting limited ballistics evidence from a prior murder, for failing to hire a ballistics expert to rebut the State's expert, or for making reasonable strategic decisions regard
• A.R. v. State of Fla. & Dep't of Juv. Just.
  Fla. 1st DCA· 2026-09-17
  The petition for writ of habeas corpus was denied.
• Leal v. State
  Fla. 3d DCA· 2026-09-16
  A trial court lacks authority to commit an incompetent criminal defendant for restoration treatment when the evidence does not establish by clear and convincing proof that there is a substantial probability the defendant will regain competency in the reasonably foreseeable future
• Ananias Westbrook v. State
  Fla. 3d DCA· 2026-09-16 ·via Habeas Corpus Petition
  A habeas corpus petition based on newly discovered evidence of a favorable plea offer must be denied when the petitioner fails to demonstrate due diligence by waiting over four-and-a-half years after discovering the evidence to seek relief.
• Martin v. Comm'r, Ala. Dep't of Corr.
  11th Cir.· 2026-09-14 ·via Habeas Corpus Review
  The preclusion order did not violate Martin's Sixth Amendment right to confront witnesses because he was able to meaningfully expose investigative bias and witness credibility through cross-examination of the evidence and investigative failures, even though he could not reference
• T. R. v. Dep't of Child. & Families
  Fla.· 2026-09-10 ·via Habeas Corpus Petition
  Once parental rights are terminated by final judgment, a parent permanently forfeits all rights to the child and has no legal basis for habeas relief, which can only be used to obtain custody of a child wrongfully withheld. A parent seeking to challenge a termination of parental
• Greene v. State
  Fla. 5th DCA· 2026-09-10
  A pro se litigant who engages in repetitive, frivolous filings may be barred from filing further pro se pleadings in the appellate court and required to retain counsel for any future filings regarding the same case.
• Young v. State
  Fla. 1st DCA· 2026-09-09
  A criminal defendant cannot proceed pro se while represented by counsel.
• Foster v. State
  Fla. 2d DCA· 2026-09-04
  Habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief, and claims of error under Apprendi and its progeny are not cognizable under Florida Rule of Criminal Procedure 3.800(a).
• Conahan v. State of Fla. & Daniel O. Conahan
  Fla.· 2026-09-03 ·via Habeas Corpus Petition
  The trial court properly summarily denied Conahan's third and fourth successive motions for post-conviction relief because the evidence cited was not newly discovered—the underlying facts were known or could have been discovered through due diligence decades earlier, and Conahan
• Anthawn D. Ragan v. State
  Fla. 3d DCA· 2026-09-02 ·via Habeas Corpus Petition
  A habeas corpus petition challenging sanctions imposed by a trial court must be dismissed as premature when the petitioner fails to provide the appellate court with a signed, written order reflecting the alleged sanction.
• Mollica v. Warden Moore Haven Corr. Facility & Glades Cnty.
  Fla. 6th DCA· 2026-09-01 ·via Habeas Corpus Petition
  The trial court's judgment was affirmed.