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

• Sarac v. Gualtieri
  Fla. 2d DCA· 2024-04-12
  Dino Sarac petitioned for habeas corpus challenging the revocation of his pretrial release in a prior drug/trespass case after his arrest on a new suspended license charge. The court denied the petition as moot because Sarac entered a plea and was sentenced, but explained it woul
• Kitt v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-04-12 ·via Petition For Writ Of Habeas Corpus
  The petition for writ of habeas corpus is dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
• Fetzer v. State of Fla. (Desoto)
  M.D. Fla.· 2024-04-12
  The court held that a federal habeas petition challenging the timeliness of a state civil commitment proceeding under state statutes of limitation is not cognizable, especially when state courts have already rejected the argument on independent and adequate state law grounds.
• Norfleet v. State
  M.D. Fla.· 2024-04-10 ·via Habeas Corpus Petition
  Tino Norfleet, a pretrial detainee, filed a federal habeas corpus petition challenging aspects of his ongoing state criminal case, including alleged due-process and speedy-trial violations. The district court dismissed the petition as frivolous under the Younger abstention doctri
• Pelosi-Dahl v. Johnson
  M.D. Fla.· 2024-04-10
  A public defender performing traditional legal functions is not acting under color of state law for § 1983 claims, and speedy trial claims for release require habeas corpus.
• Claudio v. Sec'y, Dep't of Corr. (Putnam)
  M.D. Fla.· 2024-04-10 ·via Writ Of Habeas Corpus
  The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
• Tillman v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-04-10
  The court held that the petitioner's federal habeas petition was time-barred because it was filed outside the one-year limitations period established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
• Parker v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-04-10
  The federal court denied the petition for writ of habeas corpus because the state court's decision denying the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
• Thompson v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-04-09
  The court held that the petitioner's actual innocence claim failed because it relied on re-arguing the sufficiency of trial evidence rather than presenting new, reliable evidence. Therefore, the petition was dismissed as time-barred.
• Gaitan v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-04-09 ·via Federal Habeas Corpus
  The court held that most of petitioner's claims were time-barred, but the ineffective assistance of counsel claim, though timely, lacked merit.
• Sivik v. State
  S.D. Fla.· 2024-04-09
  Cory Barrant Sivik sought federal habeas relief challenging his state conviction for lewd or lascivious molestation of a child under twelve, arguing that statements he made during a police-orchestrated controlled telephone call violated his Fifth and Sixth Amendment rights. The d
• Trammell v. State
  Fla. 5th DCA· 2024-04-05
  Jonathan Trammell appealed the dismissal of his habeas corpus petition filed in Volusia County, arguing violations of his due process rights during sentencing. The Fifth District Court of Appeal affirmed the dismissal, holding that because Trammell's claims challenge the validity
• Birchard v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-04-04 ·via Federal Habeas Corpus
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that equitable tolling was not warranted.
• Charity Noelle Wood v. State
  Fla. 2d DCA· 2024-04-03
  Charity Noelle Wood appeals the trial court's order striking her habeas corpus petition filed while committed to a mental health facility after being found incompetent to proceed. The appellate court reversed, holding that Florida statute 916.107(9)(a) grants forensic clients the
• Robinson v. State
  Fla. 1st DCA· 2024-04-03
  The petition for writ of habeas corpus was dismissed.
• Lopez v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-04-03
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either procedurally barred, unexhausted, or failed to meet the stringent standards for federal habeas review under AEDPA.
• Cherubin v. Fla. Dep't of Corr.
  S.D. Fla.· 2024-03-30
  A federal court cannot grant habeas relief based on claims that turn on state law or are refuted by the record, and ineffective assistance of counsel claims require both deficient performance and prejudice.
• Spears v. Dep't of Corr.
  M.D. Fla.· 2024-03-29
  The court held that the state court's rejection of Spears' ineffective assistance of counsel claims was a reasonable application of federal law and supported by the record.
• Brown v. Sec'y, Dep't of Corr. (Duval)
  M.D. Fla.· 2024-03-29
  The court held that the petitioner's release from custody rendered his challenge to the length of his sentence moot, and thus the petition for a writ of habeas corpus should be denied.
• Goodson v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-03-28
  Michael D. Goodson, a Florida inmate, challenged his 2013 Duval County convictions for five counts of attempted second-degree murder and one count of shooting or throwing deadly missiles through a federal habeas petition under 28 U.S.C. § 2254. The Middle District of Florida deni
• Burns v. State
  Fla. 5th DCA· 2024-03-28
  A petition for writ of habeas corpus that collaterally attacks an underlying conviction or sentence must be dismissed as unauthorized rather than denied.
• Burns v. State
  Fla. 5th DCA· 2024-03-28
  Daryl Keith Burns appealed the trial court's denial of his habeas corpus petition challenging his conviction and sentence. The court reversed and remanded, holding that while the trial court correctly rejected the petition, it should have dismissed rather than denied it because h
• Perano v. State
  Fla. 5th DCA· 2024-03-28 ·via Writ Of Habeas Corpus
  A trial court may not deny a defendant's motion for bond when the defendant is not charged with a capital or life felony and the State has not sought pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132.
• Marquardt v. Dep't of Corr.
  M.D. Fla.· 2024-03-28 ·via Petition For Writ Of Habeas Corpus
  The court denied the habeas petition, finding that the state court's rejection of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
• Perano v. State
  Fla. 5th DCA· 2024-03-28 ·via Writ Of Habeas Corpus
  Joanne Perano petitioned for a writ of habeas corpus challenging her detention without bond on an aggravated stalking charge. The court granted the petition, finding the trial court erred in denying bond when the State failed to seek pretrial detention and the charge was not a ca
• Henderson v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-03-28
  Michael Henderson, a Florida prisoner, challenged his convictions for child sexual abuse on habeas corpus, alleging multiple instances of trial counsel ineffective assistance. The federal court denied relief, finding that although some of counsel's trial choices appeared improvid
• Beamon v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-03-27
  Floyd Beamon, an inmate convicted of second-degree murder with a firearm in Duval County, Florida in 2009, challenged his conviction through a federal habeas corpus petition under 28 U.S.C. § 2254, raising eight grounds for relief including claims of trial court error and ineffec
• Blazejowski v. Sec'y, Dep't of Corr. (St. Johns County)
  M.D. Fla.· 2024-03-27
  Tawny Blazejowski sought federal habeas corpus relief under 28 U.S.C. § 2254, challenging her 2014 Florida state court convictions for threats or extortion, aggravated stalking, and false reports of child abuse, as well as a 2018 probation revocation. The district court denied he
• Mitchell v. State
  Fla. 3d DCA· 2024-03-27 ·via Habeas Corpus Petition
  The court affirmed the circuit court's decision, finding that Mitchell's arguments had been previously rejected in prior habeas corpus and post-conviction relief proceedings.
• Leppert v. Sec'y, Dep't of Corrections(Putnam County)
  M.D. Fla.· 2024-03-27
  Morgan Amanda Leppert, convicted at age 15 of first-degree murder and nonhomicide felonies, sought federal habeas relief challenging the constitutionality of Florida's juvenile sentencing scheme and alleging ineffective assistance of counsel. The District Court for the Middle Dis
• Davis v. State
  Fla. 1st DCA· 2024-03-27 ·via Federal Habeas Corpus
  A defendant cannot file a successive rule 3.850 motion claiming newly discovered facts based on counsel's misadvice when the movant could have discovered the misadvice upon the trial court's denial of the first 3.850 motion.
• Parker v. State
  Fla. 1st DCA· 2024-03-27 ·via Writ Of Habeas Corpus
  Ineffective assistance of appellate counsel cannot be argued on habeas corpus where the issue was not preserved for appeal.
• Buhler v. Dep't of Corr.
  S.D. Fla.· 2024-03-27
  The court adopted the Magistrate Judge's Report and Recommendation in part, denying the Petitioner's Petition for Writ of Habeas Corpus and denying all requests for a certificate of appealability.
• Hebert v. State
  S.D. Fla.· 2024-03-25
  The court held that the Florida Supreme Court's determination that the conditional-release program is constitutional was reasonable, and therefore, the Third DCA's denial of the petitioner's state-court habeas petition was also reasonable.
• Reyes Ramos v. Secretary
  M.D. Fla.· 2024-03-25
  The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA).
• Taurean Roberto Graham v. State
  Fla. 5th DCA· 2024-03-22 ·via Writ Of Habeas Corpus
  The Florida Fifth District Court of Appeal granted a petition for belated appeal, treating the court's opinion as the notice of appeal. This allows the petitioner to appeal a lower court's denial of a writ of habeas corpus.
• Griffin v. State of Fla. (Columbia County)
  M.D. Fla.· 2024-03-21
  The court found that the petitioner's claims must be evaluated under the deferential standards of AEDPA, and that the petitioner's release from custody raised a potential mootness issue requiring further briefing.
• McGhee v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-03-21
  The court held that a federal district court lacks jurisdiction over a habeas corpus petition if the petitioner is not in custody under the challenged conviction at the time the petition is filed.
• Hearns v. Sec'y, Dep't of Corr. (Sarasota)
  M.D. Fla.· 2024-03-21
  Joshua Hearns sought federal habeas corpus relief challenging his conviction for conspiracy to traffic oxycodone, for which he received a 25-year sentence. The court denied his petition, finding most of his claims procedurally barred because he failed to exhaust state remedies an
• Jackson v. Sec'y Dep't of Corr. (St. Johns County)
  M.D. Fla.· 2024-03-21
  O'Shea Terrell Jackson, an inmate convicted of second-degree murder with a firearm in 2014, filed a federal habeas corpus petition challenging his conviction on four grounds, all alleging ineffective assistance of trial counsel under the Sixth Amendment. The district court denied
• Sysyn v. Sec'y, Dep't of Corr.
  S.D. Fla.· 2024-03-21
  The court adopted the magistrate judge's recommendation to deny the pro se Petition for Writ of Habeas Corpus and denied a certificate of appealability.
• Slemp v. Sec'y, Dep't of Corr. (Manatee County)
  M.D. Fla.· 2024-03-20 ·via Petition For Writ Of Habeas Corpus
  The federal habeas petition is dismissed as time-barred because the petitioner's state postconviction motion was untimely and therefore did not toll the one-year limitations period under AEDPA.
• Curry v. Warden Carlton
  M.D. Fla.· 2024-03-19
  The court held that it lacked subject matter jurisdiction to hear a habeas corpus petition under 28 U.S.C. § 2241 because the petitioner was challenging the validity of his sentence, not its execution, and the remedy under 28 U.S.C. § 2255 was not inadequate or ineffective.
• Sliney v. Secretary, DOC
  M.D. Fla.· 2024-03-18 ·via Habeas Corpus Relief
  The court held that a Rule 60(b) motion seeking to relitigate a previously denied habeas claim based on newly discovered evidence is a successive habeas petition, and since it was filed without authorization from the court of appeals, the district court lacks jurisdiction.
• Tualla v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-03-18
  A Florida state prisoner convicted of lewd and lascivious molestation challenged his conviction through a federal habeas petition raising claims of ineffective assistance of trial counsel, trial court error, and cumulative error, all of which were denied. The district court, appl
• Obdulio Irizarry, JR. v. State
  Fla. 6th DCA· 2024-03-18
  The appellate court denied a petition for writ of habeas corpus, upholding the trial court's decision to revoke the defendant's bond. The court found that the statute allowing bond revocation for probable cause of a new crime does not require the state to prosecute that new crime
• Obdulio Irizarry, JR. v. State
  Fla. 6th DCA· 2024-03-18
  A trial court may revoke pretrial release and deny reinstatement of bond under section 903.0471, Florida Statutes, when it finds probable cause that the defendant committed a new crime while on pretrial release, even if the state declines to prosecute the new crime. The statute c
• Shaffer v. Sec'y, State of Fla.
  M.D. Fla.· 2024-03-15
  The court held that the applicant's petition for a writ of habeas corpus was premature because he had not exhausted state court remedies and his speedy trial claim was not yet constitutionally cognizable. The court also denied a certificate of appealability.
• Sanford v. Judd (Polk County)
  M.D. Fla.· 2024-03-14
  The court held that a federal habeas petition under 28 U.S.C. § 2241 may be moot if the state criminal proceedings have progressed significantly and the petitioner's competency has been restored.
• Stevens v. Sec'y, Dep't of Corr. (Pinellas)
  M.D. Fla.· 2024-03-14
  The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.