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

• Pearson v. Rambosk
  255 So. 3d 826· Fla. 2d DCA· 2018-10-12
  Hampton Alonzo Corry appeals his sentence for resisting an officer with violence, challenging the inclusion of 36 sentencing points based on legal constraint at the time of offense. The court reversed and remanded because the presentence investigation report contained contradicto
• Bacchus v. State
  259 So. 3d 199· Fla. 3d DCA· 2018-10-10
  A habeas corpus petitioner may be prohibited from filing further pro se pleadings related to his conviction unless signed by a member of the Florida Bar in good standing.
• Schadrac Jean Francois v. State
  Fla. 4th DCA· 2018-10-10
  Four defendants charged with felonies punishable by life imprisonment challenged their pretrial detention without bond. The trial judge found probable cause but refused to set bond without determining whether proof of guilt was evident or the presumption was great, violating the
• Fredery Leon Duarte v. State
  Fla. 4th DCA· 2018-10-10 ·via Writ Of Habeas Corpus
  A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond. Although the trial judge's failure to make this finding constitut
• Bernardo Gray v. State
  Fla. 4th DCA· 2018-10-10
  A first appearance judge must make a finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond; failure to make this finding constitutes error, though it may be harmless i
• McGlocklin v. State
  Fla. 3d DCA· 2018-10-03
  The Florida Third District Court of Appeal issued an order prohibiting Mike McGlocklin from filing further pro se appeals, petitions, and pleadings relating to his conviction in case F00-19296 after determining he had not shown good cause why such a prohibition should not be impo
• Christy v. State
  253 So. 3d 1266· Fla. 1st DCA· 2018-10-03 ·via Writ Of Habeas Corpus
  The speedy trial period runs from the date of arrest as to the specific arrest warrant, not from an earlier date when the defendant was incarcerated on other charges.
• Dickens ex rel. Estate v. GC Servs. Ltd.
  104 La. 203· M.D. Fla.· 2018-10-02
  The court held that the plaintiff's widow is an adequate class representative and that a class action is superior for adjudicating FDCPA claims, granting class certification. The court also denied the defendant's motion to dismiss and compel arbitration, finding the defendant wai
• Adams v. Utah Power Sys., LLC
  255 So. 3d 968· Fla. 3d DCA· 2018-09-14
  The Florida District Court of Appeal, Third District, granted Joel Adams's petition for writ of habeas corpus and quashed writs of bodily attachment issued against him for civil contempt of court based on alleged discovery violations. The court held that the trial court failed to
• Rogers v. State
  260 So. 3d 1079· Fla. 3d DCA· 2018-09-12
  Willie Rogers' petition for a writ of habeas corpus was denied on August 1, 2018, and the court subsequently issued an order to show cause why he should not be prohibited from filing further pro se appeals and motions. Rogers filed a response and motion for rehearing, which was d
• Jackson v. State
  255 So. 3d 461· Fla. 3d DCA· 2018-09-12
  Sharon Hyder appealed a summary judgment foreclosing a mortgage executed to secure payment for legal services rendered by Dempsey & Goldsmith, P.A. The appellate court reversed, finding genuine issues of material fact regarding the reasonableness and amount of attorney fees owed,
• Rogers v. State
  260 So. 3d 1079· Fla. 3d DCA· 2018-09-12
  A pro se litigant who repeatedly files pleadings raising issues that should have been presented in timely post-conviction relief motions may be prohibited from filing further pro se appeals and pleadings without attorney representation.
• Foster Brown v. State
  Fla. 1st DCA· 2018-08-16 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus that fails to meet the requirements established in Baker v. State may be dismissed without detailed analysis.
• Crenshaw v. State
  252 So. 3d 856· Fla. 2d DCA· 2018-08-15
  Morris Crenshaw appeals the denial of his habeas corpus petition challenging his second-degree murder conviction based on an erroneous jury instruction on the lesser-included offense of manslaughter. The court granted relief, finding that Crenshaw's argument had merit and that de
• Gernard Chestnut v. State
  251 So. 3d 349· Fla. 1st DCA· 2018-08-10
  A petition for writ of habeas corpus that does not meet the requirements for authorization under Florida law must be dismissed.
• Casey v. Jones
  249 So. 3d 1326· Fla. 1st DCA· 2018-08-01 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus may not be used to seek a belated appeal of an order in a civil proceeding.
• Nails v. Walmart
  252 So. 3d 332· Fla. 3d DCA· 2018-07-25 ·via Writ Of Habeas Corpus
  A writ of habeas corpus cannot be used to obtain belated appeal of a circuit court order denying mandamus review of a presumptive parole release date determination, because the PPRD calculation does not implicate a constitutionally protected liberty interest requiring appointed c
• Alfaro v. Wells
  255 So. 3d 289· Fla. 2d DCA· 2018-07-25
• Sniceson Fleury v. State
  254 So. 3d 975· Fla. 4th DCA· 2018-07-25
  A pretrial release condition requiring a defendant to demonstrate that bond funds are not derived from illegal activity is authorized by Florida law under § 903.046(2)(f) and does not constitute unconstitutional pretrial detention when imposed as a reasonable condition of release
• Brewster v. State
  255 So. 3d 942· Fla. 2d DCA· 2018-07-13
  When a defendant files an amended postconviction motion before the trial court rules on the original motion and before the two-year deadline expires, the trial court must consider the amendments on the merits rather than dismiss them as successive.
• Sardinas v. Junior
  252 So. 3d 295· Fla. 3d DCA· 2018-07-12
  A trial court may order pretrial detention without bond when it finds, based on statutory criteria including past bond violations and failure to appear, that no conditions of release can reasonably assure the defendant's appearance or protect community safety. The State's oral cl
• Darling v. State
  246 So. 3d 1290· Fla. 1st DCA· 2018-06-28
  A petition for writ of habeas corpus is dismissed as unauthorized.
• Pappas v. State
  249 So. 3d 777· Fla. 1st DCA· 2018-06-28
  A petition for writ of habeas corpus that does not satisfy the requirements established in Baker v. State must be dismissed as unauthorized.
• Barnwell v. Jones
  246 So. 3d 1290· Fla. 1st DCA· 2018-06-28
  A petition for writ of habeas corpus is unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
• Connelly v. State
  Fla. 1st DCA· 2018-06-28
  A habeas corpus petition filed by a noncapital defendant seeking collateral postconviction relief that is untimely, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion under rule 3.850 must be dismissed as unauthori
• Aglio v. State
  246 So. 3d 571· Fla. 3d DCA· 2018-06-27
  A $700,000 bond set without compliance with Florida's pretrial release framework violates the defendant's constitutional right to pretrial release on reasonable conditions under Article I, section 14 of the Florida Constitution.
• Wylie Billups v. State
  250 So. 3d 706· Fla. 4th DCA· 2018-06-27
  A sentencing scheme that imposes concurrent mandatory minimum sentences but consecutive non-mandatory portions of sentences does not violate the principle that a prisoner must serve his sentence in one stretch rather than in bits and pieces, where the defendant will serve the ent
• Sammie Lee Stallworth v. State
  245 So. 3d 1016· Fla. 1st DCA· 2018-06-20
  A petition for writ of habeas corpus is dismissed when it is successive.
• D.F. v. State
  Fla. 5th DCA· 2018-06-04
  The State must present clear and convincing evidence that a person is likely to suffer neglect without treatment or poses a substantial likelihood of inflicting serious bodily harm; a diagnosis of mental illness alone, combined with a preference for pre-packaged food and bottled
• L.G. v. State
  244 So. 3d 418· Fla. 5th DCA· 2018-05-31
  The court granted L.G.'s habeas corpus petition and ordered his immediate release from involuntary psychiatric confinement because the trial court lacked clear and convincing evidence that he was a danger to himself or others as required by the Baker Act.
• Holmes v. State
  245 So. 3d 1008· Fla. 3d DCA· 2018-05-30
  A sentence of life imprisonment does not violate the Florida Constitution's proscription against indefinite terms of imprisonment.
• A.B. v. State
  Fla. 5th DCA· 2018-05-28
  A.B., a minor charged with illegal possession of a firearm, petitioned for habeas corpus challenging her placement in secure detention. The court found the trial court incorrectly recalculated her Risk Assessment Instrument (RAI) by double-counting the firearm possession offense,
• L.G. v. State
  Fla. 5th DCA· 2018-05-28
  A trial court cannot order involuntary psychiatric confinement under the Baker Act without clear and convincing evidence that the person is a danger to himself or others.
• Hubbard v. State
  245 So. 3d 1005· Fla. 3d DCA· 2018-05-23 ·via Writ Of Habeas Corpus
  A habeas corpus petition that is actually a motion to vacate judgment may be denied by the trial court, and such denial will be affirmed on appeal.
• Guillaume v. State
  244 So. 3d 416· Fla. 5th DCA· 2018-05-23
  The Fifth District Court of Appeal of Florida granted a petition for a writ of habeas corpus, ordering the trial court to hold a hearing on the petitioner's motion to reduce bail. The court's decision was based on its reasoning in a related case, Moore v. State.
• Dameon T. Moore v. State
  Fla. 5th DCA· 2018-05-21
  Dameon Moore petitioned for a writ of habeas corpus challenging the trial court's denial of his motion to reduce bail without a hearing. The court granted the petition, finding that Florida law requires bail modification motions to be heard in person by the court, and the trial j
• Junior Joseph v. State
  Fla. 5th DCA· 2018-05-21
  Where a trial court appoints experts to evaluate a defendant's competency and holds a competency hearing but fails to enter an order adjudicating the defendant competent, appellate counsel is ineffective for not raising this issue on direct appeal.
• Guillaume v. State
  Fla. 5th DCA· 2018-05-21
  A trial court must conduct a proper hearing on a defendant's motion to reduce bail under Florida Rule of Criminal Procedure 3.131.
• Walton v. State
  Fla.· 2018-05-17 ·via Habeas Corpus Petition
  Hurst v. Florida does not apply retroactively to capital defendants whose death sentences became final before Ring v. Arizona was decided. Changes in law cannot be considered as newly discovered evidence within a cumulative analysis under the Jones standard; instead, retroactivit
• Pressley Bernard Alston v. State
  243 So. 3d 885· Fla.· 2018-05-17
  Pressley Bernard Alston sought postconviction relief under Hurst v. Florida, which established that jury findings are required for capital sentencing. The Florida Supreme Court affirmed the denial of relief, finding that Alston's 2003 waiver of postconviction proceedings and coun
• Tysheona Smith v. State
  Fla. 5th DCA· 2018-05-07
  Where a defendant adjudicated incompetent to proceed commits a new offense while on conditional release, the trial court may only modify release conditions or involuntarily commit the defendant to the Department of Children and Family Services; detention pending commitment evalua
• Allen v. State
  241 So. 3d 981· Fla. 1st DCA· 2018-04-10
  A petition for writ of habeas corpus is dismissed as moot when the circumstances that gave rise to the petition no longer exist.
• Musson v. State
  242 So. 3d 512· Fla. 2d DCA· 2018-04-06
  Vanessa Musson filed a petition alleging ineffective assistance of appellate counsel. The original trial conviction involved multiple crimes including simple battery, aggravated battery, kidnapping, grand theft, and armed robbery. On appeal, the appellate court reversed only the
• Richardson v. State
  241 So. 3d 925· Fla. 3d DCA· 2018-04-04 ·via Writ Of Habeas Corpus
  Appellant Richardson is affirmed and directed to show cause why he should not be prohibited from filing further pro se appeals and pleadings relating to the underlying case.
• Hunter v. State
  238 So. 3d 1282· Fla. 1st DCA· 2018-03-29
  A petition for writ of habeas corpus that does not satisfy the requirements for original jurisdiction habeas relief must be dismissed as unauthorized.
• Alvarez v. State
  254 So. 3d 510· Fla. 3d DCA· 2018-03-28 ·via Writ Of Habeas Corpus
  When a petitioner seeking a belated appeal makes claims disputed by the State through affidavit or specific contrary allegations, an appellate court must order an evidentiary hearing in the trial court to determine the limited disputed issues of fact before ruling on the petition
• Sanders v. State
  Fla. 5th DCA· 2018-03-26
  The State failed to prove by clear and convincing evidence that Sanders met the statutory criteria for involuntary commitment because the testimony did not specify the nature of self-neglect or substantial harm that would result without commitment, and the need for medication and
• Guardado v. State
  238 So. 3d 162· Fla.· 2018-03-08
  The court held that the defendant's claims were previously rejected and therefore affirmed the denial of his motion to vacate the death sentence.
• Gland v. State
  239 So. 3d 770· Fla. 2d DCA· 2018-03-07
  The two-year time limitation under Florida Rule of Criminal Procedure 3.850(b) begins to run upon the conclusion of the direct appeal process, when the mandate issues in the final appellate decision, not when an individual conviction becomes final during ongoing appellate proceed
• Walker v. Jones
  237 So. 3d 483· Fla. 1st DCA· 2018-02-28
  The court dismissed Walker's appeal for lack of jurisdiction because his notice of appeal was filed outside the 30-day period required by Florida appellate rules, and no extension applied.