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

• Welch v. State of Fla. Julie L. Jones
  245 So. 3d 862· Fla. 1st DCA· 2018-02-20
  Appellant filed a petition for writ of habeas corpus challenging his judgment and sentence based on alleged constitutional due process violations. The trial court transferred the petition to the sentencing court, but the appellate court reversed, holding that the petition constit
• Baker v. State
  236 So. 3d 503· Fla. 5th DCA· 2018-02-09
  A petition for belated appeal shall be granted when timely filed and the appellate court treats the opinion as notice of appeal from the trial court's order.
• White v. State
  240 So. 3d 61· Fla. 1st DCA· 2018-02-09 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied on the merits.
• Hyland v. Sec'y, Fla. Dep't of Corr., State of Fla.
  Fla. 1st DCA· 2018-02-08
  The petition for writ of mandamus is denied.
• Washington v. State
  Fla. 4th DCA· 2018-02-07 ·via Habeas Corpus Petition
  A trial court properly denies a successive and untimely rule 3.850 motion and may sanction a pro se litigant by prohibiting future filings unless signed by a Florida Bar member.
• Fails v. Jones
  240 So. 3d 799· Fla. 1st DCA· 2018-02-05
  A pro se litigant who repeatedly violates court orders restricting filings and engages in frivolous and excessive motion practice may be barred from all pro se filings in the appellate court.
• Elton L. Baker, Sr. v. State
  Fla. 5th DCA· 2018-02-05
  A petition for belated appeal from a denied habeas corpus petition may be granted where the petitioner has not exhausted the time available to perfect a direct appeal.
• Cannon v. State
  251 So. 3d 852· Fla. 2d DCA· 2018-02-02
  Cannon petitioned for a writ of mandamus to quash a capias warrant issued for failing to appear at a pretrial conference. The court granted the petition, treating it as habeas corpus, holding that the trial court lacked adequate notice to Cannon that his physical appearance was r
• Miller v. Jones
  237 So. 3d 921· Fla.· 2018-01-31
  The court held that the petitioner is not entitled to habeas corpus relief because the Hurst decision does not apply retroactively to his sentence.
• Jenkins v. State
  233 So. 3d 1291· Fla. 1st DCA· 2018-01-30 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus was denied on the merits.
• Kendrick v. Jones
  234 So. 3d 574· Fla.· 2018-01-25
  The Florida Supreme Court imposed sanctions on Michael Kendrick, a state prisoner who had filed thirty-nine pro se petitions with the Court since 2006, all concerning his 2008 conviction for attempted second-degree murder. The Court barred Kendrick from filing further pro se docu
• Ford v. State
  Fla.· 2018-01-23
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Pressley Bernard Alston v. State
  Fla.· 2018-01-22
  A defendant's valid waiver of postconviction proceedings and counsel precludes him from raising a Hurst claim, and Hurst does not apply retroactively to sentences that became final before the Hurst decision.
• Stephens v. State
  238 So. 3d 94· Fla.· 2018-01-22
  Stephens, a death row inmate whose sentence became final in 2001, sought relief under Hurst v. Florida, which held that jury recommendations in capital cases must be binding rather than advisory. The Florida Supreme Court affirmed the denial of his Rule 3.851 motion, holding that
• Peterka v. State
  237 So. 3d 903· Fla.· 2018-01-22
  Daniel Jon Peterka sought relief under Hurst v. Florida, claiming his death sentence should be reconsidered because jury recommendations in capital cases must now be binding rather than advisory. The Florida Supreme Court affirmed the denial of his motion, holding that Hurst does
• Suggs v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Stephens v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Peterka v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision.
• Kayle Barrington Bates v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Bradley v. Jones
  238 So. 3d 95· Fla.· 2018-01-22
  The court held that the Hurst decision does not apply retroactively to petitioner's death sentence, and therefore, the petition for writ of habeas corpus is denied.
• J.S. v. Seeber
  242 So. 3d 1069· Fla. 2d DCA· 2018-01-16
• J.F. v. State
  Fla. 5th DCA· 2018-01-08 ·via Writ Of Habeas Corpus
  A petitioner committed to involuntary inpatient placement must be released by habeas corpus when the record contains no clear and convincing evidence that he is a danger to himself or others.
• Barringer v. FLA. Dept. Corr.
  231 So. 3d 598· Fla. 1st DCA· 2017-12-21 ·via Writ Of Habeas Corpus
  The court held that a petitioner's repeated pro se filings attacking a conviction constituted an abuse of the legal process, warranting a bar from future pro se filings.
• Rodriguez v. State
  237 So. 3d 1069· Fla. 3d DCA· 2017-12-13 ·via Writ Of Habeas Corpus
  The court held that an order denying a motion to dismiss a violation of probation affidavit is not an appealable order.
• Eckford v. State
  230 So. 3d 1280· Fla. 5th DCA· 2017-12-11 ·via Writ Of Habeas Corpus
  James Anthony Eckford, Jr. petitioned for a writ of habeas corpus challenging his pretrial detention without a bond hearing. The court granted the petition, holding that a defendant is entitled to a bond hearing even when questions about competency to stand trial remain unresolve
• Earlene Highsmith v. Ewing
  242 So. 3d 1077· Fla. 2d DCA· 2017-11-21
  The court granted a habeas corpus petition and quashed a house arrest with GPS monitoring condition imposed on an incompetent defendant, holding that release conditions must be tailored to the goal of attaining competency and comply with Florida Rule of Criminal Procedure 3.131(b
• Tyrik L. Lewis v. Knight
  242 So. 3d 1073· Fla. 2d DCA· 2017-11-13
• Belcher v. Jones
  228 So. 3d 530· Fla.· 2017-11-02
• Scott v. State
  235 So. 3d 967· Fla. 3d DCA· 2017-11-01
  Florida appellate court denied habeas corpus petition where petitioner sought to relitigate ineffective assistance of counsel claims already raised in a successive and untimely Rule 3.850 motion.
• Lucas v. State
  230 So. 3d 579· Fla. 2d DCA· 2017-11-01 ·via Writ Of Habeas Corpus
• Ishsha Shalem v. Junior
  235 So. 3d 966· Fla. 3d DCA· 2017-10-31
  Ishsha Shalem petitioned for a writ of habeas corpus challenging her pretrial detention without bond. The appellate court granted the petition, finding the trial court failed to comply with statutory and procedural requirements for pretrial detention determinations, and ordered a
• Ishsha Shalem v. Junior
  238 So. 3d 342· Fla. 3d DCA· 2017-10-27 ·via Writ Of Habeas Corpus
  The court held that the trial court failed to follow statutory and rule requirements for pretrial detention, thus the detention was unlawful.
• Taylor v. Jones
  228 So. 3d 71· Fla.· 2017-10-12
  John Calvin Taylor II petitioned for habeas corpus relief under Hurst v. Florida, challenging his death sentence imposed by a non-unanimous jury recommendation (10-2). The Florida Supreme Court held that Hurst applies retroactively to Taylor's final 2004 sentence and that the non
• Hernandez v. State
  230 So. 3d 509· Fla. 3d DCA· 2017-10-04 ·via Writ Of Habeas Corpus
  The appellate court summarily affirmed the trial court's denial of the motion to extend the appeal period.
• T.M. v. State
  227 So. 3d 745· Fla. 5th DCA· 2017-09-29 ·via Writ Of Habeas Corpus
  The court held that a trial court must enter written findings to justify secure detention, even if findings are made orally at a hearing.
• Doorbal v. Jones
  227 So. 3d 110· Fla.· 2017-09-20
  Noel Doorbal's death sentence is vacated because his jury voted 8-4 for death, violating the requirement established in Hurst v. State that all critical findings for death sentences must be made unanimously by the jury. The case is remanded for a new penalty phase proceeding.
• Young v. Fla. Comm'n ON Offender Review
  225 So. 3d 940· Fla. 5th DCA· 2017-08-18 ·via Habeas Corpus Petition
  The court held that the claim regarding the Presumptive Parole Release Date was properly dismissed for improper venue, but the claim challenging the legality of the life sentence should have been addressed by the sentencing court.
• Q.B. v. State
  225 So. 3d 954· Fla. 5th DCA· 2017-08-18
• Chiarella v. State
  242 So. 3d 1063· Fla. 2d DCA· 2017-08-16 ·via Writ Of Habeas Corpus
• However v. State
  Del. Super. Ct.· 2017-08-07 ·via Federal Habeas Corpus
  The court denied the defendant's motion for postconviction relief, finding it to be time-barred and otherwise procedurally barred. The court also determined that the claims raised were without merit.
• Johnson v. State
  224 So. 3d 330· Fla. 3d DCA· 2017-08-04
  The court held that the trial court's order denying bond did not comply with statutory requirements and remanded for an evidentiary hearing.
• Z.J. v. State
  224 So. 3d 308· Fla. 5th DCA· 2017-08-02
  A juvenile petitioner seeks habeas corpus relief challenging her secure detention beyond the statutory 21-day limit. The court grants the petition, finding that the trial court violated Florida's strict statutory detention requirements by failing to either release the juvenile or
• Soto v. State
  224 So. 3d 301· Fla. 3d DCA· 2017-07-26
  Appellant's postconviction relief and habeas petitions were denied because his acceptance of a negotiated plea agreement waived non-jurisdictional issues he sought to raise.
• Marhlau Belizaire v. State
  231 So. 3d 536· Fla. 3d DCA· 2017-07-19
  The court held that the prisoner's motion for postconviction relief was timely filed under the prisoner's mailbox rule, despite the trial court's miscalculation of the deadline.
• Milord v. State
  225 So. 3d 305· Fla. 5th DCA· 2017-07-07
  Yves Jean Jacques Milord appealed the dismissal of his habeas corpus petition challenging his conviction. Although the trial court dismissed the petition on erroneous grounds (venue), the appellate court affirmed because Milord's claims constituted collateral attacks on his convi
• Wilfredo Cardenas v. State
  225 So. 3d 304· Fla. 3d DCA· 2017-07-05
  Wilfredo Cardenas petitioned for a writ of habeas corpus seeking a belated appeal of his 2014 guilty plea to second-degree murder, claiming he instructed his defense counsel to appeal a trial court's denial of a motion to suppress. The court appointed a commissioner to conduct an
• Jermetras Watson v. State
  220 So. 3d 1281· Fla. 5th DCA· 2017-06-26 ·via Writ Of Habeas Corpus
  The court held that the lower court erred by denying pre-trial bond without a proper pre-trial detention hearing as required by rule.
• Donte Jermaine Hall v. State
  219 So. 3d 783· Fla.· 2017-06-15 ·via Writ Of Habeas Corpus
  The Florida Supreme Court affirmed the denial of Hall's postconviction guilt phase claims and rejected his habeas petitions challenging his murder conviction, but vacated his death sentence and remanded for a new penalty phase based on Hurst v. Florida, which requires jury unanim
• Hughes v. State of Fla. & Wayne Ivey
  221 So. 3d 1238· Fla. 5th DCA· 2017-06-09
  Charles Hughes, adjudicated incompetent to proceed and ordered involuntarily admitted to residential care, was detained in the Brevard County Jail beyond the statutory 15-day emergency detention limit. The appellate court reversed the trial court's denial of his habeas corpus pet
• Howarth v. Dep't OF Corr. & State of Fla.
  220 So. 3d 485· Fla. 5th DCA· 2017-04-28
  Mark Howarth appealed the dismissal of his habeas corpus petition challenging the sufficiency of an information filed against him. The Fifth District affirmed the dismissal, holding that while the trial court erred in dismissing based on failure to serve the State within 120 days