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

• Insko v. State
  181 So. 3d 1260· Fla. 2d DCA· 2015-12-30
  Russell Insko challenged his civil commitment as a sexually violent predator, arguing the trial court lacked jurisdiction because the State initiated commitment proceedings after his criminal sentence had expired. The court granted his petition for habeas corpus, holding that the
• Bonner v. State
  202 So. 3d 432· Fla. 3d DCA· 2015-12-16 ·via Writ Of Habeas Corpus
  The Florida Third District Court of Appeal affirmed the trial court's denial of Bernard Bonner's petition for a Writ of Habeas Corpus and motion for rehearing. The court noted Bonner's history of numerous unsuccessful pro se motions and appeals challenging his convictions and sen
• Gardner v. State
  179 So. 3d 458· Fla. 1st DCA· 2015-11-13 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings challenging his conviction and sentence due to abuse of the legal process.
• Cassidy v. State
  178 So. 3d 540· Fla. 1st DCA· 2015-11-05
  In this habeas corpus appeal, the First District Court of Appeal affirmed the trial court's denial of Cassidy's petition for writ of habeas corpus, holding that habeas corpus is not the proper remedy for collateral postconviction relief available through Rule 3.850 motions. The c
• Jefferson v. Jones
  180 So. 3d 164· Fla. 3d DCA· 2015-11-04 ·via Writ Of Habeas Corpus
  Cedric Jefferson, a pro se litigant who has filed thirty-two unsuccessful appeals since 1998 challenging his conviction and sentence, petitions for a writ of habeas corpus. The court denies the petition and issues an order to show cause why Jefferson should not be prohibited from
• Nilio v. State
  176 So. 3d 1286· Fla. 1st DCA· 2015-10-30
  Michael Joseph Nilio appealed the circuit court's denial of his habeas corpus petition. The appellate court summarily affirmed the denial, holding that habeas corpus is not available as a substitute for post-conviction proceedings and that Nilio had not shown a preliminary basis
• Geno Lewis Hawkins Sr. v. State
  176 So. 3d 1283· Fla. 1st DCA· 2015-10-30 ·via Habeas Corpus Petition
  A former correctional officer convicted of sexual battery and contraband introduction seeks habeas corpus relief for the fifth time. The court dismisses the petition, imposes sanctions for frivolous and successive filings, and prohibits him from filing further challenges to his c
• Recardo Clayton v. State
  201 So. 3d 138· Fla. 3d DCA· 2015-10-28 ·via Writ Of Habeas Corpus
  The court held that a pro se litigant's further filings related to a specific criminal case will be refused unless reviewed and signed by a licensed attorney.
• Gernard Chestnut v. State
  178 So. 3d 483· Fla. 1st DCA· 2015-10-22
  Gernard Chestnut filed his third successive petition within months alleging ineffective assistance of appellate counsel. The Florida First District Court of Appeal dismissed the petition as successive and imposed sanctions prohibiting further pro se filings challenging his appell
• Cole v. State
  176 So. 3d 1021· Fla. 1st DCA· 2015-10-20
• Shanklin v. State
  174 So. 3d 621· Fla. 1st DCA· 2015-09-11
  Keith Shanklin appeals the transfer of his habeas corpus petition from the county where he is detained to the sentencing county, arguing that section 907.045 allows post-conviction habeas challenges to charging documents. The court affirmed the transfer, holding that section 907.
• Lowe v. State
  172 So. 3d 1001· Fla. 1st DCA· 2015-09-03
  Jimmy Lowe petitioned for certiorari review of a summary denial of his habeas corpus petition challenging revocation of his conditional release supervision. The court granted the petition in part, finding that while most of Lowe's claims lacked merit, his allegation that he was d
• Percival-Charles: Ferris, Jr. v. State
  174 So. 3d 1050· Fla. 1st DCA· 2015-08-24
  The court dismissed a successive and frivolous habeas corpus petition and barred the petitioner from future pro se filings in the court concerning the underlying case, with referral to the Department of Corrections for disciplinary procedures.
• Morales v. State
  172 So. 3d 533· Fla. 3d DCA· 2015-08-12
  The Florida Third District Court of Appeal denied Leonardo Morales's petition for a writ of habeas corpus challenging his criminal sentence and imposed restrictions on his future pro se filings with the court, requiring any further filings to be signed by a licensed Florida attor
• Recardo Clayton v. State
  176 So. 3d 303· Fla. 3d DCA· 2015-08-05
  The court denied the petition for a writ of habeas corpus and issued an order to show cause why the petitioner should not be prohibited from filing further pro se appeals.
• Carter v. State
  173 So. 3d 1052· Fla. 3d DCA· 2015-07-29 ·via Habeas Corpus Petition
  The Florida Third District Court of Appeal imposed sanctions on a pro se litigant who had filed seventeen frivolous post-conviction petitions and appeals since 2001, prohibiting him from filing further pro se pleadings relating to his conviction without attorney review and signat
• Harris v. State
  168 So. 3d 1280· Fla. 1st DCA· 2015-07-27
  The Florida District Court of Appeal, First District, imposed sanctions on Harris, a prisoner who had filed seven frivolous appeals and petitions over 15 years challenging his 2000 conviction for sexual battery of a minor. The court prohibited Harris from filing pro se appeals in
• Thomas v. State
  175 So. 3d 308· Fla. 3d DCA· 2015-07-22
  Henry Abner Thomas, a pro se criminal defendant, challenged a trial court contempt order and sought to prohibit further filings related to his criminal sentencing. The appellate court upheld the contempt finding and issued an order prohibiting Thomas from filing pro se petitions,
• Weaver v. State
  170 So. 3d 120· Fla. 3d DCA· 2015-07-01
  The Florida District Court of Appeal affirmed its denial of Michael Weaver's habeas corpus petition challenging his 1999 criminal sentence and imposed sanctions prohibiting him from filing further pro se appeals or petitions related to that case without attorney representation.
• Sneed v. State
  201 So. 3d 56· Fla. 3d DCA· 2015-06-24
  Timothy Sneed, a pro se litigant, challenged the trial court's denial of post-conviction relief and filed a habeas petition. The appellate court affirmed the denial, issued a show cause order regarding restrictions on future pro se filings, and ultimately prohibited Sneed from fi
• Parham v. State
  167 So. 3d 507· Fla. 3d DCA· 2015-06-24
  Craig Parham challenged the trial court's revocation of his probation, arguing the court lacked jurisdiction because his probationary period had expired before he was served with the probation warrant. The Florida appellate court affirmed the trial court's denial of his habeas co
• Betancourt v. State
  173 So. 3d 1016· Fla. 3d DCA· 2015-06-17 ·via Habeas Corpus Petition
  Julio Betancourt, a pro se litigant who filed eight post-conviction petitions or appeals since 2001, was prohibited by the Third District Court of Appeal from filing further pleadings relating to his convictions without attorney review and signature. The court found that Betancou
• Morales v. State
  172 So. 3d 469· Fla. 3d DCA· 2015-06-03 ·via Writ Of Habeas Corpus
  Leonardo Morales petitions for a writ of habeas corpus challenging his life sentence imposed in 1993 following resentencing ordered by the appellate court. The court denies the petition and issues an order to show cause why Morales should not be prohibited from filing further pro
• Sanchez v. State
  167 So. 3d 476· Fla. 3d DCA· 2015-05-27 ·via Habeas Corpus Petition
  The court held that a pro se pleading by a represented criminal defendant is a nullity and denied the petitioner's motion for rehearing.
• Gadson v. State
  165 So. 3d 720· Fla. 5th DCA· 2015-05-15 ·via Writ Of Habeas Corpus
  Leroy Gadson petitioned for habeas corpus, claiming his appellate counsel was ineffective for failing to challenge an illegal sentence. The court granted the petition on one claim, finding that the trial court erroneously classified attempted robbery as a first-degree felony inst
• Jones v. State
  200 So. 3d 80· Fla. 5th DCA· 2015-05-15 ·via Writ Of Habeas Corpus
  Justin Lamar Jones sought habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise a fundamentally erroneous attempted manslaughter jury instruction on direct appeal. The Florida Fifth District Court of Appeal granted the petition, finding th
• Averitt McKENZIE v. State
  164 So. 3d 127· Fla. 1st DCA· 2015-05-08
• Weaver v. State
  163 So. 3d 719· Fla. 3d DCA· 2015-04-29 ·via Writ Of Habeas Corpus
  Michael Weaver petitioned for a writ of habeas corpus challenging the legality of his 1999 sentence for second-degree murder and armed robbery, arguing that the trial court imposed an upward departure from sentencing guidelines without stating reasons and that his plea was involu
• Trametrich D. Johnson v. Jones
  164 So. 3d 700· Fla. 1st DCA· 2015-04-29
  The court held that habeas corpus is not available to relitigate issues already decided on direct appeal or in postconviction proceedings.
• Davis v. State
  159 So. 3d 998· Fla. 1st DCA· 2015-03-23
  Danny O. Davis, convicted of sexual battery with a firearm, burglary, and robbery and sentenced to consecutive life sentences, filed a habeas corpus petition raising claims he had previously litigated multiple times. The court dismissed the petition as frivolous, found his pro se
• Clapp v. State
  160 So. 3d 107· Fla. 4th DCA· 2015-03-18 ·via Writ Of Habeas Corpus
• Bright v. Fla. Comm'n on Offender Review
  159 So. 3d 366· Fla. 1st DCA· 2015-03-12
  The appellate court held that the Santa Rosa County circuit court had proper jurisdiction to review the petition for writ of habeas corpus.
• McKINNEY v. State
  159 So. 3d 326· Fla. 1st DCA· 2015-03-09
  Travis McKinney petitioned for a writ of habeas corpus to challenge 2008 judgments and sentences from Wakulla County Circuit Court. The court dismissed the petition and imposed sanctions barring McKinney from future pro se filings in this court concerning the same case due to his
• Turner v. State
  159 So. 3d 279· Fla. 2d DCA· 2015-03-04
  Stanley Lee Turner appealed the summary denial of his motion challenging the legality of his twenty-year sentence as a habitual felony offender for organized fraud. The court held that Turner's sentence was illegal because it exceeded the statutory maximum for the third-degree fe
• Sneed v. State
  201 So. 3d 48· Fla. 3d DCA· 2015-02-25
  Timothy Sneed appeals the denial of his pro se post-conviction relief motion under Florida Rule of Criminal Procedure 3.850, which the trial court rejected as time-barred and successive. The court affirmed the denial, finding Sneed's arguments barred by res judicata from a prior
• Bohner v. State
  157 So. 3d 526· Fla. 1st DCA· 2015-02-16 ·via Habeas Corpus Petition
  The court held that claims of ineffective assistance of trial counsel in Jimmy Ryce Act cases cannot be raised on direct appeal unless the ineffectiveness is apparent from the face of the record.
• Kraft v. State
  156 So. 3d 1116· Fla. 4th DCA· 2015-02-11 ·via Writ Of Habeas Corpus
  A trial court has discretion to consider releasing a defendant on bail following conviction and pending sentencing, and mandamus may issue to compel the exercise of that discretion.
• Johnson v. Marydell Guevara
  156 So. 3d 557· Fla. 3d DCA· 2015-01-21 ·via Writ Of Habeas Corpus
  The court held that the trial court relied upon a legally sufficient record to warrant pretrial detention, despite procedural claims, and denied the petition for habeas corpus.
• Lyons v. State
  156 So. 3d 560· Fla. 3d DCA· 2015-01-21
  The court held that while an amended judgment may have incorrectly omitted credit for time served, habeas corpus is not the proper vehicle to challenge this, and collateral estoppel bars relitigation of habitual offender status.
• Baker v. State
  155 So. 3d 422· Fla. 3d DCA· 2014-12-31
  Baker appeals a venue transfer order for his habeas corpus petition challenging the charging document from his 1996 armed robbery conviction. The appellate court vacates the transfer and remands with instructions to dismiss the petition as an unauthorized habeas corpus action.
• Morrow v. State
  153 So. 3d 402· Fla. 1st DCA· 2014-12-18
  Marcus Morrow sought habeas corpus relief from his continued involuntary commitment after being found not guilty by reason of insanity. The court reversed the trial court's denial of habeas relief because undisputed expert medical evidence precluded involuntary commitment and no
• Moskalenko v. Israel
  162 So. 3d 131· Fla. 4th DCA· 2014-12-10 ·via Writ Of Habeas Corpus
  The court held that a civil contempt order requiring incarceration must include a finding that the contemnor has the present ability to purge the contempt.
• Lee v. Phelan Hallinan, PLC
  26 F. Supp. 279· S.D. Fla.· 2014-11-20
• Hooks v. State
  190 So. 3d 649· Fla. 4th DCA· 2014-11-19
  The Fourth District Court of Appeal granted a petition for writ of habeas corpus and vacated attempted second-degree murder convictions because appellate counsel failed to request certification of a conflict or cite controlling precedent regarding jury instructions, preventing th
• Beaton v. State
  162 So. 3d 126· Fla. 4th DCA· 2014-11-19
  Wayne Beaton appealed the denial of a habeas corpus petition challenging his 1996 convictions and sentences. The court affirmed the denial and imposed sanctions against Beaton for abusive and frivolous pro se filing, prohibiting him from filing further documents without a lawyer'
• Verdell J. Hill, Jr. v. State
  152 So. 3d 56· Fla. 5th DCA· 2014-11-10 ·via Writ Of Habeas Corpus
  Petitioner Hill sought habeas corpus relief challenging the trial court's order revoking his pretrial bond without making the required findings of fact. The appellate court partially granted the petition and remanded for the trial court to determine whether Petitioner willfully v
• Ramos-Miranda v. Marydell Guevara
  150 So. 3d 1179· Fla. 3d DCA· 2014-11-07 ·via Writ Of Habeas Corpus
• Borris Moralez v. Marydell Guevara
  151 So. 3d 25· Fla. 3d DCA· 2014-10-24
  A Florida appellate court grants a habeas corpus petition and orders the immediate release of a detainee whose pretrial release was revoked for a noncriminal violation rather than a new crime. The court enforces its mandate requiring an expedited bond hearing and ultimately order
• Lawrence v. State
  149 So. 3d 1162· Fla. 1st DCA· 2014-10-23 ·via Habeas Corpus Petition
  Freddie Lawrence appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, challenging two grounds. The court reversed and remanded as to Ground 4 (ineffective assistance of counsel regarding plea negotiations) but affirmed the dismis
• Romance Lee Franklin v. State
  162 So. 3d 111· Fla. 4th DCA· 2014-10-15