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
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220 So. 3d 487·
Fla. 5th DCA·
2017-04-28
The court quashed the trial court's order denying habeas corpus relief and remanded for transfer to the proper county because the Marion County court lacked jurisdiction over convictions imposed in Sumter County.
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217 So. 3d 103·
Fla. 4th DCA·
2017-04-19
The court held that the State failed to prove the defendant participated in two or more predicate acts necessary for a racketeering conviction, mirroring a prior ruling for a co-defendant.
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The court held that the thirty-day sentences for contempt violated statutory limits and granted the petition for a writ of habeas corpus.
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214 So. 3d 775·
Fla. 2d DCA·
2017-03-31
A civilly committed individual cannot refuse required mental health examinations and then claim the Department is failing its statutory obligations due to the lack of those examinations.
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The State appeals a trial court's order granting post-conviction relief and ordering a new trial for Castro Guerra. The appellate court affirms, holding that Guerra's case should have been treated the same as similarly situated defendants under Florida Supreme Court precedent, pa
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217 So. 3d 130·
Fla. 3d DCA·
2017-03-15
Andre Pinder, serving a life plus forty-year sentence for armed burglary and violent crimes against church members, petitioned for a writ of habeas corpus claiming his upward departure sentence was based on witness intimidation charges he was never charged with. The court denied
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212 So. 3d 498·
Fla. 4th DCA·
2017-03-01
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The court held that electronic monitoring beyond 15 days without a continuance for cause is unauthorized detention under statute.
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The court held that the petitioner's repeated frivolous filings warrant sanctions, including rejection of future pro se filings related to his prior conviction.
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209 So. 3d 686·
Fla. 1st DCA·
2017-02-14
The court barred a pro se litigant from filing future appeals in this court regarding his conviction and sentence due to abuse of process through repeated frivolous postconviction filings.
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215 So. 3d 91·
Fla. 3d DCA·
2017-01-25
The Florida Third District Court of Appeal denied a petition for writ of habeas corpus, finding that appellate counsel was not ineffective for failing to raise a motion to suppress claim on appeal. The court determined the motion to suppress claim was meritless because police off
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210 So. 3d 720·
Fla. 1st DCA·
2017-01-23
Appellate counsel is not ineffective for failing to inform the court of legal changes that occur after a defendant's conviction and sentence have become final.
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206 So. 3d 835·
Fla. 1st DCA·
2016-12-21
The court held that the petitioner's repeated filings constitute an abuse of process and barred him from future pro se filings in the court concerning specific case numbers.
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204 So. 3d 975·
Fla. 5th DCA·
2016-12-02
The court held that while the trial court erred in denying the habeas petition based on venue, the denial is affirmed because the petition was successive and improperly used to relitigate issues already raised or that could have been raised.
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208 So. 3d 701·
Fla.·
2016-12-01
Roger Lee Cherry, convicted of two counts of first-degree murder and sentenced to death, petitioned for habeas corpus relief based on intellectual disability. The Florida Supreme Court granted his petition and remanded for an evidentiary hearing, finding that the U.S. Supreme Cou
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217 So. 3d 122·
Fla. 3d DCA·
2016-11-23
Andre Pinder petitioned for habeas corpus challenging his 1991 upward departure sentence. The court denied the petition as successive, finding the issue had been previously reviewed and disposed of, and issued an order to show cause regarding Pinder's pattern of repeated pro se f
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208 So. 3d 766·
Fla. 3d DCA·
2016-11-23
R.L. Williams, convicted of first-degree murder and armed robbery in 1987, sought a belated appeal of his 1989 resentencing on the armed robbery conviction via habeas corpus petition in 2016. The court denied the petition but granted his motion for a written opinion, ordering Wil
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The court held that the petitioner is barred from future pro se filings in this court concerning the specific Bay County Circuit Court case due to abuse of the legal process.
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The court held that the petitioner is barred from future pro se filings in this court concerning his conviction due to abuse of the legal process.
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200 So. 3d 1300·
Fla. 5th DCA·
2016-10-10
A habeas corpus petition attacking the validity of a conviction must be brought in the circuit court of the county that rendered the judgment of conviction, even if the petitioner is incarcerated elsewhere.
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The Florida Third District Court of Appeal upheld its earlier decision denying Lawrence Corner's habeas corpus petition and, after Corner failed to show good cause in response to a show cause order, imposed restrictions on his ability to file further pro se pleadings in the appel
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197 So. 3d 1287·
Fla. 3d DCA·
2016-08-31
The court prohibited a pro se criminal defendant from filing further appeals and petitions related to his sentencing without attorney representation, after he failed to show good cause following an order to show cause.
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Petitioner is barred from filing any future pro se challenges to his conviction and sentence in this court due to repeated abuse of the legal process.
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The court held that the petitioner is barred from future pro se filings in this court concerning his specific case due to abuse of the legal process.
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199 So. 3d 374·
Fla. 1st DCA·
2016-08-16
The court held that the petitioner is barred from making future pro se filings concerning a specific case due to abuse of the legal process.
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196 So. 3d 546·
Fla. 5th DCA·
2016-07-26
Rakeem Hill petitioned for a writ of habeas corpus challenging the trial court's denial of bond after his arrest on charges including possession of ammunition by a convicted felon, drug possession with intent to sell, and firearm possession by a convicted felon. The appellate cou
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The court prohibited a pro se litigant from submitting further appeals in his criminal case without representation by a licensed Florida Bar attorney, after he filed ten habeas corpus petitions and multiple other filings without good cause.
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196 So. 3d 502·
Fla. 3d DCA·
2016-07-13
James Davis, a convicted felon serving time for firearm-related offenses since 1996, filed his twelfth post-conviction appeal challenging his convictions. The court imposed sanctions prohibiting Davis from filing further pro se appeals related to his case unless reviewed and sign
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A juvenile challenges a secure detention order based on a flawed Detention Risk Assessment Instrument (DRAI) score. The trial court improperly relied on the juvenile's probationary status as an aggravating circumstance, constituting impermissible double-scoring since that status
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The court held that the petitioner is barred from future pro se filings in this court concerning specific Alachua County Circuit Court case numbers due to abuse of the legal process.
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The court denied the petition for writ of habeas corpus as successive and ordered the petitioner to show cause why he should not be prohibited from further pro se filings.
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193 So. 3d 1085·
Fla. 2d DCA·
2016-06-17
Earl Butler petitioned for relief alleging ineffective assistance of appellate counsel. The appellate court found merit in one ground: counsel's failure to challenge battery convictions enhanced under the prison releasee reoffender (PRR) statute, which does not qualify battery of
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The court denied the petition for writ of habeas corpus as successive and ordered the petitioner to show cause why further pro se filings should not be prohibited.
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192 So. 3d 618·
Fla. 4th DCA·
2016-05-25
On remand from the Florida Supreme Court, the Fourth District Court of Appeal granted defendant Michel's habeas corpus petition on the ground that appellate counsel was ineffective for failing to challenge the trial court's imposition of consecutive mandatory minimum sentences un
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The Florida Supreme Court imposed sanctions on Willie A. Smith, an incarcerated pro se litigant, barring him from filing future pleadings in the Court related to his criminal convictions unless signed by a member of the Florida Bar, based on his pattern of filing at least 27 meri
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190 So. 3d 244·
Fla. 5th DCA·
2016-05-06
Marquies Brisbane petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to supplement the record with voir dire transcripts. The court denied the petition, distinguishing the case from Zankman v. State on the ground that Brisbane'
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190 So. 3d 242·
Fla. 5th DCA·
2016-05-05
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190 So. 3d 230·
Fla. 3d DCA·
2016-05-04
The court affirmed its prior denial of habeas corpus and imposed a bar on further pro se filings by Flowers in the appellate court without attorney representation, subject to sanctions for violation.
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201 So. 3d 666·
Fla. 3d DCA·
2016-04-27
The court denied Griffin's habeas corpus petition and ordered him to show cause why he should not be prohibited from filing further pro se appeals without attorney representation, given his pattern of multiple frivolous post-conviction filings.
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The court denied the petition for writ of habeas corpus and ordered the petitioner to show cause why he should not be prohibited from filing further pro se appeals.
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185 So. 3d 1285·
Fla. 5th DCA·
2016-02-26
Leroy Williams, a death-row inmate convicted of first-degree murder and armed robbery in 1994, sought relief through numerous postconviction motions and a habeas corpus petition. The court imposed a restriction prohibiting Williams from filing further pro se appeals, motions, or
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185 So. 3d 1284·
Fla. 1st DCA·
2016-02-26
The Florida Department of Juvenile Justice and a juvenile (L.W.P.) petitioned for a writ of habeas corpus after L.W.P. was sentenced to five days secure detention for direct contempt of court. The First District Court of Appeal granted the petition, holding that a juvenile cannot
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The court held that the trial court erred in conflating rules regarding preliminary hearings and extensions for filing an information, and that the State failed to show good cause for an extension.
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187 So. 3d 216·
Fla.·
2016-01-21
The Florida Supreme Court denied an inmate's mandamus petition and imposed sanctions restricting his ability to file future pro se petitions. Blaxton had filed 21 extraordinary writ petitions since 2008, all of which were frivolous and meritless, prompting the Court to bar him fr
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182 So. 3d 843·
Fla. 4th DCA·
2016-01-06
The Florida Fourth District Court of Appeal granted a habeas corpus petition and quashed a circuit court order revoking the petitioner's pretrial bond based on an insufficient affidavit. The court held that revoking pretrial release under section 903.0471 requires an affidavit co