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

• L.V. v. State
  147 So. 3d 680· Fla. 3d DCA· 2014-10-10
• Todrick Roberts v. State
  183 So. 3d 412· Fla. 3d DCA· 2014-10-08 ·via Writ Of Habeas Corpus
  The court ordered the pro se litigant to show cause why he should not be prohibited from filing further pro se proceedings concerning his conviction and sentence.
• Robinson v. State
  146 So. 3d 1287· Fla. 3d DCA· 2014-09-19
  Tommy Robinson petitioned for habeas corpus challenging his detention without bond after being arrested on an alias capias warrant for failing to appear at trial. The Florida District Court of Appeal granted the petition in part and remanded for a proper bond hearing, finding the
• D.L. v. State
  147 So. 3d 653· Fla. 5th DCA· 2014-09-17 ·via Writ Of Habeas Corpus
  The court held that the trial court improperly double-scored the petitioner's possession of a firearm on his Risk Assessment Instrument and failed to address an unrelated pending charge.
• Herrera v. State
  146 So. 3d 1266· Fla. 3d DCA· 2014-09-17
• O.A. v. State
  146 So. 3d 135· Fla. 3d DCA· 2014-09-03 ·via Writ Of Habeas Corpus
  A juvenile detained on robbery and drug possession charges petitioned for habeas corpus relief. The appellate court granted the petition after determining that robbery by sudden snatching, absent force beyond that necessary to obtain the property, is not a categorical violent fel
• Gore v. Crews
  146 So. 3d 117· Fla. 1st DCA· 2014-09-02
• Gore v. State
  146 So. 3d 117· Fla. 1st DCA· 2014-09-02
  The court reversed the trial court's denial of a habeas corpus petition and remanded for the trial court to order the Department of Corrections to show cause regarding whether the appellant was properly awarded all applicable jail, prison, and gain-time credits under Florida law.
• G.M. v. Fla. Dep't OF Juv. Just. & Darrell Johnson
  144 So. 3d 687· Fla. 1st DCA· 2014-08-18
  A juvenile detained beyond the statutory 15-day post-commitment limit is entitled to release, even if the juvenile's non-cooperation contributed to the delay, unless specific statutory due process procedures for contempt are followed.
• LEE v. Marydell Guevara
  143 So. 3d 1197· Fla. 3d DCA· 2014-08-15
• Alloy Lewin v. State
  145 So. 3d 899· Fla. 4th DCA· 2014-08-13 ·via Habeas Corpus Petition
• Cortes v. State
  144 So. 3d 632· Fla. 4th DCA· 2014-08-06 ·via Habeas Corpus Petition
• Campbell v. State
  143 So. 3d 992· Fla. 3d DCA· 2014-07-16
  The court held that the defendant's habeas corpus petition was frivolous because the trial court properly instructed the jury on justifiable and excusable homicide, and referenced these instructions when instructing on manslaughter.
• Yehowshua Yisrael v. State
  143 So. 3d 426· Fla. 4th DCA· 2014-06-25
  The Fourth District Court of Appeal upheld sanctions against a pro se litigant who filed numerous frivolous and procedurally barred habeas corpus petitions challenging convictions from 2000. The court prohibited the appellant from filing further pro se papers in the court unless
• Lennie Rodgers v. State
  140 So. 3d 1144· Fla. 1st DCA· 2014-06-23 ·via Writ Of Habeas Corpus
  Lennie Rodgers appealed the dismissal of his postconviction motion challenging his conviction and sentence, which he mislabeled as a habeas corpus petition. The Florida District Court of Appeal reversed, holding that mislabeling a motion is not a jurisdictional defect and that ci
• Knight v. GEE
  161 So. 3d 473· Fla. 2d DCA· 2014-06-18
  The court held that a trial court cannot sua sponte increase a defendant's bond without proper notice and a motion by the State showing good cause.
• Dorsett v. State
  140 So. 3d 706· Fla. 3d DCA· 2014-06-18
  The appellate court affirmed the dismissal of the habeas corpus petition because it was filed in the wrong court.
• Bush v. Crews
  141 So. 3d 527· Fla.· 2014-06-12
  The Court held that the inmate's pro se petition was unauthorized and frivolous, warranting sanctions.
• Carrasco v. State
  142 So. 3d 900· Fla. 4th DCA· 2014-06-11
  Defendant Carrasco appealed the denial of a habeas corpus petition challenging the trial court's failure to address supplemental claims to his rule 3.850 postconviction motion. The court affirmed, holding that Carrasco abandoned the supplemental issues by failing to raise them in
• Rightmire v. State
  140 So. 3d 685· Fla. 1st DCA· 2014-06-10 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court concerning the specific case due to abuse of the legal process through repeated filings.
• Tavarence Ramone Wiggins v. State
  141 So. 3d 621· Fla. 3d DCA· 2014-06-04
  Tavarence Wiggins appeals the denial of his post-conviction motion for relief based on disparate treatment compared to four co-conspirators who received reduced sentences after successful appeals of their RICO conspiracy convictions. The court affirms the denial, holding that whi
• Hartsfield v. State
  139 So. 3d 948· Fla. 2d DCA· 2014-05-30
  Florida appellate court reversed denial of habeas petition seeking leave to file belated rule 3.850 motion, holding the petition was timely filed within two years of the rule amendment, though remanding for filing with proper oath.
• Griglen v. Ryan
  138 So. 3d 1172· Fla. 3d DCA· 2014-05-21
  A defendant released from custody due to a finding of no probable cause is not on 'pretrial release' and therefore not subject to conditions under section 903.0471, Florida Statutes.
• Kendrick S. Wilson v. State
  141 So. 3d 587· Fla. 4th DCA· 2014-04-30
  The Fourth District Court of Appeal affirmed the trial court's denial of Wilson's habeas corpus petition and imposed sanctions against him for abuse of the post-conviction process through repeated frivolous and procedurally barred filings.
• Rivera v. State
  137 So. 3d 554· Fla. 4th DCA· 2014-04-16
  The Fourth District Court of Appeal affirmed its previous denial of Rivera's habeas corpus petition and imposed sanctions preventing him from filing pro se motions in this court. Rivera filed successive rule 3.850 motions making substantially similar arguments across multiple cas
• Chandler v. State
  162 So. 3d 22· Fla. 4th DCA· 2014-04-16
  Zachary Chandler filed a habeas corpus petition challenging his 1999 robbery conviction sentence, claiming the trial court orally pronounced a ten-year sentence while the written order imposed twenty years. The court dismissed the petition as an improper vehicle for a sentence ch
• Korzan D. Dunkley v. State
  138 So. 3d 486· Fla. 4th DCA· 2014-04-09
• McCRAY v. Dept. OF Corrections
  201 So. 3d 33· Fla. 3d DCA· 2014-04-09 ·via Habeas Corpus Relief
  Martin Luther McCray petitioned for habeas corpus relief, claiming his sentence had expired and his detention was unjust. The Florida Third District Court of Appeal denied his petition and, after McCray filed numerous successive motions raising identical claims and failed to show
• R.A.J. v. State
  135 So. 3d 523· Fla. 5th DCA· 2014-03-28 ·via Writ Of Habeas Corpus
  The court denied a juvenile's habeas corpus petition, holding that Florida Statutes section 985.439(4)(b) authorizes home detention with electronic monitoring as a probation violation sanction without the time limitations that apply to residential consequence units under subsecti
• Small v. State
  137 So. 3d 1123· Fla. 3d DCA· 2014-03-26
  The Eleventh Judicial Circuit lacked jurisdiction to consider a habeas corpus petition challenging a sentence, requiring the petitioner to seek relief in the circuit court where the conviction occurred.
• Dinkins v. State
  162 So. 3d 2· Fla. 4th DCA· 2014-02-26 ·via Writ Of Habeas Corpus
  The court summarily affirmed the denial of the petition for writ of habeas corpus, finding it untimely, successive, and procedurally barred.
• Barker v. State
  133 So. 3d 586· Fla. 5th DCA· 2014-02-25
  A defendant resentenced to prison after violating probation is entitled to credit for all time served in prison prior to release unless waived.
• Kolodziej v. Mason
  855 F. Supp. 2d 809· M.D. Fla.· 2014-01-29
  The court held that no unilateral contract was formed because the plaintiff relied on an edited interview and the defendant attorney's statements were not a clear offer to contract.
• Coratello v. State
  132 So. 3d 353· Fla. 4th DCA· 2014-01-29 ·via Habeas Corpus Petition
• Marrero v. State
  135 So. 3d 374· Fla. 5th DCA· 2014-01-24 ·via Habeas Corpus Petition
• Lockhart v. Crews
  137 So. 3d 368· Fla.· 2014-01-23
  The Florida Supreme Court affirmed its prior dismissal of Jerome Lockhart's unauthorized habeas corpus petition challenging his robbery conviction and imposed sanctions prohibiting him from filing further pro se pleadings related to his case without representation by a Florida Ba
• T.F. v. N.M.
  129 So. 3d 1205· Fla. 1st DCA· 2014-01-22
  T.F. appealed the denial of his habeas corpus petition challenging termination of his parental rights, arguing he was denied due process by the trial court's failure to appoint counsel despite his indigency. The court affirmed, holding that although indigent parents are ordinaril
• Corrine Blakely v. State
  132 So. 3d 295· Fla. 4th DCA· 2014-01-08 ·via Writ Of Habeas Corpus
• United States v. Forest Hill Gardens E. Condo. Ass'n
  849 F. Supp. 2d 1262· S.D. Fla.· 2014-01-03
  A foreclosing first mortgagee's liability for unpaid assessments is limited by statute to the lesser of 12 months of unpaid common expenses or 1% of the original mortgage debt, and does not include individualized charges like interest, late fees, or attorney's fees.
• Sec. & Exch. Comm'n v. City of Miami
  1992 WL 157280· S.D. Fla.· 2013-12-27 ·via Federal Habeas Corpus
  The court found that the complaint sufficiently alleged false or misleading statements, materiality, and scienter to survive a motion to dismiss for the securities fraud claims.
• Wolack v. Tena M. Pate
  135 So. 3d 359· Fla. 5th DCA· 2013-12-27
  The trial court erred by dismissing a habeas corpus petition challenging a presumptive parole release date, as it should have been treated as a mandamus petition and transferred to the appropriate venue.
• Hash v. State of Fla. & Reschin Moore
  135 So. 3d 350· Fla. 1st DCA· 2013-12-10
  Mark Hash petitioned for a writ of habeas corpus challenging his criminal contempt conviction and five-month jail sentence. The Florida District Court of Appeal, First District, granted the petition, finding that the trial court failed to provide adequate notice of the specific f
• McKEE v. Jacobo
  127 So. 3d 857· Fla. 2d DCA· 2013-12-04
  A petition for writ of habeas corpus under section 394.9215 is the proper vehicle for challenging the quality and quantity of rehabilitative services and treatment for involuntarily committed individuals.
• Jones v. State
  127 So. 3d 835· Fla. 3d DCA· 2013-11-27
  The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding the denial was without prejudice to the appellant refiling his post-conviction relief petition.
• Lang v. Crews
  129 So. 3d 397· Fla. 1st DCA· 2013-11-26 ·via Writ Of Habeas Corpus
• Williams v. State
  129 So. 3d 1102· Fla. 1st DCA· 2013-11-20
  Marco Williams, who pleaded guilty to second-degree murder and was sentenced to thirty-five years in prison, filed a habeas corpus petition challenging his 1998 conviction. The appellate court affirmed the dismissal of his petition and imposed sanctions prohibiting him from filin
• K.G. ex rel. Garrido v. Dudek
  1992 WL 78053· S.D. Fla.· 2013-11-05
  The court held that Florida's exclusion of Applied Behavioral Analysis (ABA) for Medicaid-eligible minors with autism or Autism Spectrum Disorder violates the federal Medicaid Act's Early and Periodic Screening, Diagnostic, and Treatment (EPSDT) mandate, and that the agency's det
• Hankins v. State
  123 So. 3d 666· Fla. 5th DCA· 2013-10-18
  Leon Hankins seeks relief from his convictions alleging ineffective assistance of appellate counsel for failing to raise a double jeopardy challenge. The court grants his petition for a new appeal, finding that appellate counsel deviated from the norm by failing to challenge mult
• Oliveira v. State
  124 So. 3d 964· Fla. 4th DCA· 2013-10-16
  Mark Oliveira, a pro se litigant, filed a habeas corpus petition challenging his convictions and a trial court order barring his future pro se filings. The Fourth District Court of Appeal denied the petition and imposed sanctions, prohibiting Oliveira from filing any future pro s
• Goolsby v. State
  121 So. 3d 1163· Fla. 5th DCA· 2013-09-20 ·via Habeas Corpus Petition
  The court held that the petitioner has abused the judicial process by filing frivolous pleadings and is barred from further pro se filings in the specific case. The Clerk of the Court is directed not to accept any further pro se filings from the petitioner.