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

• Davis v. Liberty Cnty. Sheriff's Off.
  Fla. 1st DCA· 2026-08-26
  A criminal defendant cannot proceed pro se while represented by counsel.
• Kamari Gardner v. State
  Fla. 4th DCA· 2026-08-26
  A trial court must afford a defendant charged with a life-imprisonment offense a full opportunity to present witnesses on all aspects of the bond issue, including evidence of amenability to release and defenses to guilt, before finding proof evident or presumption great and denyi
• Afelix Desir v. State
  Fla. 3d DCA· 2026-08-26
  A petition for extraordinary relief is not a second appeal and cannot be used to litigate or relitigate issues that were or could have been raised on direct appeal or in prior postconviction proceedings.
• Aljanard Xavier Jackson v. State of Fla. & Polk Cnty. Corr. Inst.
  Fla. 5th DCA· 2026-08-21
  A pro se litigant who makes knowing misrepresentations of fact to the court may be barred from further pro se filings in that matter to conserve judicial resources and prevent abuse of the judicial process.
• Tisdol v. State
  Fla. 3d DCA· 2026-08-20 ·via Habeas Corpus Petition
  Habeas corpus relief is not available to obtain collateral postconviction relief when claims can be raised by motion pursuant to Florida Rule of Criminal Procedure 3.850.
• Silvia v. State
  Fla.· 2026-08-12 ·via Writ Of Habeas Corpus Ad Subjiciendum
  A defendant's valid waiver of postconviction proceedings in 2012 bars successive postconviction motions filed after a 2022 rule change requiring reappointment of counsel, except for claims limited to the execution process itself. Florida law does not recognize a statutory or cons
• Clark v. State
  Fla. 1st DCA· 2026-08-12
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied, and the petition is dismissed in all other respects.
• Johnson v. State
  Fla. 1st DCA· 2026-08-11
  The petition for writ of habeas corpus was dismissed.
• Morales v. State
  Fla. 3d DCA· 2026-08-05 ·via Habeas Corpus Petition
  A circuit court lacks jurisdiction to address a petition challenging the legality of a sentence imposed in a different circuit; such petitions must be filed in the circuit that imposed the sentence.
• Sansone v. Ford
  Fla. 1st DCA· 2026-08-05
  The petition for writ of habeas corpus was dismissed.
• Barnett v. Reddish
  Fla. 1st DCA· 2026-08-05
  The circuit court's judgment was affirmed on appeal.
• Curry v. Warden
  11th Cir.· 2026-08-04
  The state appellate court did not unreasonably apply Faretta v. California when it determined that Curry never clearly and unequivocally invoked her right to self-representation, as Curry's statements were equivocal and she vacillated between requesting self-representation and re
• Mitchell v. State
  Fla. 1st DCA· 2026-07-31
  The petition for writ of habeas corpus was dismissed.
• Key v. State
  Fla. 6th DCA· 2026-07-28
  A writ of habeas corpus may not issue where the petitioner is not presently detained in custody, even if an unexecuted capias warrant has been issued. The statute's plain language requiring that a person be "detained in custody" applies only to present detention, not future restr
• Duckett v. State
  Fla.· 2026-07-24 ·via Habeas Corpus Petition
  The circuit court properly denied Duckett's motion for DNA testing as procedurally barred and meritless because he was aware of the items when he filed his prior DNA motion four months earlier and the items contained no identifiable genetic material. The State did not violate due
• Woullard v. Dixon
  Fla. 1st DCA· 2026-07-22
  A habeas corpus petition is frivolous when it raises issues that could have been, should have been, or were raised on direct appeal or in a rule 3.850 motion.
• Hunter v. State
  Fla. 1st DCA· 2026-07-22
  The petition for writ of habeas corpus was dismissed.
• Easley v. DIxon
  Fla. 1st DCA· 2026-07-22
  A petition for writ of habeas corpus that fails to meet the requirements established in Baker v. State must be dismissed.
• Eriby v. Dixon
  Fla. 1st DCA· 2026-07-22
  The petition for writ of habeas corpus was dismissed.
• Taylor v. State
  Fla. 1st DCA· 2026-07-15
  The petition for writ of habeas corpus was dismissed.
• Brown v. State
  Fla. 2d DCA· 2026-07-08
  When a habeas petition is an improper collateral attack on a conviction that would be barred by the Rule 3.850 time limitation, the circuit court must dismiss the petition as unauthorized rather than convert and transfer it to the sentencing court.
• Aitken v. Quinn
  Fla. 1st DCA· 2026-07-08
  A petition for writ of mandamus is denied when the circuit court has already directed a response and scheduled an evidentiary hearing on the underlying habeas corpus petition.
• Lagrandeur v. State
  Fla. 3d DCA· 2026-07-08 ·via Writ Of Habeas Corpus
  Habeas corpus petitions containing mixed claims of sentencing errors and ineffective assistance of counsel must be bifurcated, with sentencing claims adjudicated under Rule 3.800(a) and ineffective assistance claims considered under Rule 3.850.
• Duckett v. State
  Fla.· 2026-07-08 ·via Habeas Corpus Petition
  The circuit court properly summarily denied Duckett's fifth successive postconviction motion because the DNA testing results were inconclusive and therefore did not constitute newly discovered evidence that would probably produce an acquittal on retrial, and Florida does not reco
• McNeill v. State
  Fla. 1st DCA· 2026-07-08
  The petition for writ of habeas corpus was dismissed.
• Miller v. State
  Fla. 1st DCA· 2026-07-08
  The petition for writ of habeas corpus was dismissed.
• McNeill v. State
  Fla. 1st DCA· 2026-07-08
  The petition for writ of habeas corpus was dismissed.
• Gyden v. State
  Fla. 3d DCA· 2026-07-08
  A petition for habeas corpus cannot circumvent the two-year filing deadline for post-conviction motions under Florida Rule of Criminal Procedure 3.850, and habeas corpus proceedings may not be used to raise issues previously addressed on direct appeal or in prior post-conviction
• Mathis v. Comerford
  Fla. 1st DCA· 2026-07-08
  The petition for writ of habeas corpus was dismissed.
• Sanchez v. State
  Fla. 3d DCA· 2026-07-01 ·via Habeas Corpus Relief
  Appellate counsel cannot be deemed ineffective for failing to raise a claim that would not have changed the result, and any error in failing to submit habitual felony offender factors to a jury constitutes harmless error beyond a reasonable doubt.
• Duckett v. State
  Fla.· 2026-07-01
  Section 925.11, Florida Statutes, and Florida Rule of Criminal Procedure 3.853 do not contemplate an evidentiary hearing after DNA testing results have been provided to the court, defendant, and prosecuting authority, and therefore the circuit court's order denying such a hearing
• Dare v. State
  Fla. 1st DCA· 2026-06-26
  The petition for writ of habeas corpus was dismissed.
• Adams v. State
  Fla. 1st DCA· 2026-06-24
  The petition for writ of habeas corpus was dismissed.
• Woodbury v. State of Fla. & Michael Lawrence Woodbury v. Sec'y
  Fla.· 2026-06-11
  A pro se defendant cannot later complain of ineffective assistance of standby counsel, even if standby counsel was present during trial. Postconviction claims that could have been raised on direct appeal are procedurally barred from collateral review. A Brady violation claim is i
• Tobler v. State
  Fla. 1st DCA· 2026-06-10
  The petition for writ of habeas corpus was dismissed.
• Ruiz v. State
  Fla. 4th DCA· 2026-06-04
  The trial court properly denied the petition for writ of habeas corpus.
• Lukehart v. State
  Fla.· 2026-05-27 ·via Habeas Corpus Relief
  The circuit court properly summarily denied Lukehart's successive postconviction motion because his as-applied Eighth Amendment challenge to Florida's lethal injection protocol was untimely and meritless, his facial challenge was meritless as the protocol had been previously uphe
• LaDon Maurice Green v. State of Fla. & Dep't of Corr.
  Fla. 5th DCA· 2026-05-22
  A pro se litigant who engages in abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from filing further pro se petitions concerning that case.
• Smith v. Dixon
  Fla. 1st DCA· 2026-05-20
  The petition for writ of habeas corpus was dismissed.
• Albrecht v. State
  Fla. 1st DCA· 2026-05-20
  A criminal defendant cannot proceed pro se while represented by counsel.
• Mikell v. Dixon
  Fla. 1st DCA· 2026-05-20
  The petition for writ of habeas corpus was dismissed.
• Hall v. Dixon
  Fla. 1st DCA· 2026-05-19
  The trial court's judgment was affirmed.
• Newkirk v. State
  Fla. 1st DCA· 2026-05-13
  The petition for writ of habeas corpus was dismissed.
• White v. State
  Fla. 1st DCA· 2026-05-13
  The petition for writ of habeas corpus was dismissed.
• Savicki v. State
  Fla. 1st DCA· 2026-05-13
  The petition for writ of habeas corpus was dismissed.
• Perez v. Assistant Field Off. Dir.
  11th Cir.· 2026-05-06
  Section 1225(b)(2)(A) does not authorize mandatory detention without bond for unadmitted aliens present in the interior of the United States; rather, it applies only to aliens who are both "applicants for admission" and actively "seeking admission" (lawful entry after inspection)
• Nettles v. State
  Fla. 1st DCA· 2026-05-06
  A habeas corpus petition alleging ineffective assistance of appellate counsel is subject to the standards established in Baker v. State.
• Duckett v. State
  Fla.· 2026-04-30 ·via Habeas Corpus Petition
  When a court grants a motion for postconviction DNA testing under section 925.11 and Florida Rule of Criminal Procedure 3.853, the "results" that must be provided to the defendant include the underlying testing data necessary for statistical analysis by a qualified expert, not me
• Brunson v. Dixon
  Fla. 1st DCA· 2026-04-29
  The petition for writ of habeas corpus is dismissed.
• Chadwick Willacy v. State of Fla. & Chadwick Willacy v. State of Fla.
  Fla.· 2026-04-15
  Under Florida Rule of Criminal Procedure 3.852, public records requests in capital postconviction cases must be tied to a colorable claim for postconviction relief and cannot be used as a fishing expedition to discover whether a claim might exist; the circuit court did not depart