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

• Jarvis Haynes v. State
  121 So. 3d 1133· Fla. 5th DCA· 2013-08-30
• Shenard King v. State
  120 So. 3d 108· Fla. 4th DCA· 2013-08-14
  The court held that the defendant failed to show deficient performance or prejudice from appellate counsel's failure to challenge the sufficiency of evidence for battery on a law enforcement officer.
• Wilson v. State
  118 So. 3d 963· Fla. 1st DCA· 2013-08-09
• Smith v. State
  121 So. 3d 602· Fla. 4th DCA· 2013-08-07 ·via Writ Of Habeas Corpus
• Rozzelle v. State
  119 So. 3d 493· Fla. 1st DCA· 2013-07-26 ·via Writ Of Habeas Corpus
  Petitioner is barred from making future pro se filings in this court concerning the specific case due to abuse of the legal process through repeated filings.
• Werdell v. Crews
  134 So. 3d 430· Fla.· 2013-07-11
  The Florida Supreme Court barred an inmate who had filed 42 frivolous pro se proceedings from filing future pro se pleadings related to his criminal convictions, exercising its inherent power to protect itself from abuse of the judicial process.
• Smithwick v. State
  117 So. 3d 85· Fla. 5th DCA· 2013-07-05
  Smithwick filed a habeas corpus petition with the Florida Supreme Court challenging a circuit court order denying his motion to vacate sentence. The supreme court transferred the petition to the Fifth District Court of Appeal, treating it as a notice of appeal. The court dismisse
• Cross v. Crews
  147 So. 3d 21· Fla. 1st DCA· 2013-06-27
  The court held that the petitioner is barred from making future pro se filings in this court concerning the specific case due to abuse of the legal process.
• Myles v. Crews
  123 So. 3d 1099· Fla.· 2013-06-20
  The court held that the inmate's pro se habeas petition was frivolous and unauthorized, and that he should be barred from future pro se filings related to his conviction.
• McGILL v. State
  117 So. 3d 804· Fla. 4th DCA· 2013-06-19
• Harricharan v. State
  114 So. 3d 1069· Fla. 5th DCA· 2013-06-07 ·via Habeas Corpus Petition
  The court held that a litigant who has repeatedly abused the judicial process may be prohibited from filing further pro se petitions or appeals.
• West v. State
  115 So. 3d 1047· Fla. 4th DCA· 2013-06-05
  The court held that the trial court properly denied the appellant's untimely, successive, and frivolous postconviction challenge.
• Walker v. State
  112 So. 3d 608· Fla. 4th DCA· 2013-04-24
  Donald Walker sought habeas corpus relief challenging his 1991 resentence, claiming the trial court should have imposed a guidelines term rather than a departure sentence. The Florida appellate court affirmed the trial court's denial, finding that Shull v. Dugger did not apply be
• Tagliamonte v. State
  126 So. 3d 352· Fla. 3d DCA· 2013-04-19 ·via Writ Of Habeas Corpus
  Andrew Tagliamonte petitioned for a writ of habeas corpus challenging the trial court's sua sponte modification of his pretrial release conditions to require him to stay away from his minor son. The court granted the petition, holding that a trial court lacks authority to modify
• Niel Paul v. Ryan
  126 So. 3d 349· Fla. 3d DCA· 2013-04-17
  Florida appellate court granted habeas corpus petition because trial court failed to determine whether defendant's failure to appear was willful before denying bond.
• Samora Rancy v. State
  110 So. 3d 989· Fla. 5th DCA· 2013-04-17
• Fales v. Fla. Parole Comm'n
  110 So. 3d 527· Fla. 1st DCA· 2013-04-03
• United States v. Brye
  1990 WL 168164· M.D. Fla.· 2013-03-28
  The court held that a district court of incarceration lacks the jurisdictional authority to order another coequal district court to resentence a defendant.
• Shelton v. State
  109 So. 3d 869· Fla. 3d DCA· 2013-03-13
  Shelton appealed the denial of his habeas corpus petition challenging the legality of his 1995 habitual violent felony offender sentence. The court reversed and remanded because the trial court had incorrectly transferred the petition to the wrong circuit and had not reached the
• Lewis v. Fla. Parole Comm'n
  112 So. 3d 534· Fla. 1st DCA· 2013-03-06
  George Lewis challenges the constitutionality of Florida Statutes section 95.11(5)(f), which imposes a one-year limitations period on petitions for extraordinary writs filed by prisoners. The First District Court of Appeal holds that the statute does not violate the separation of
• Shelton Ty Prudhomme v. Fla. Dep't OF Corr.
  109 So. 3d 276· Fla. 1st DCA· 2013-02-28
• Matza v. NCL (Bahamas) Ltd.
  737 F. Supp. 77· S.D. Fla.· 2013-02-27
• Penney v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  707 F.3d 1239· 11th Cir.· 2013-02-05
  A Florida inmate's federal habeas corpus petition was untimely because his state Rule 3.800(c) post-conviction motion, which he relied upon to toll the one-year filing deadline, was dismissed by the state court as untimely filed and therefore did not constitute a "properly filed"
• Omega v. Deutsche Bank Tr. Co. Americas
  1989 WL 158495· S.D. Fla.· 2013-02-04
• Perez v. Sch. Bd.
  1989 WL 92449· S.D. Fla.· 2013-01-17
• Summerall v. State
  107 So. 3d 448· Fla. 2d DCA· 2013-01-11
  Teddy Summerall appealed the dismissal of his habeas corpus petition, arguing his convictions and sentences were unjust in light of relief granted to his brother on direct appeal. The court affirmed the dismissal, noting Summerall had repeatedly raised this identical claim over m
• Petsoules v. State
  104 So. 3d 1284· Fla. 5th DCA· 2013-01-11
  Michael Petsoules filed a second habeas corpus petition after his first was extensively litigated. The Fifth District Court of Appeal denied the petition as successive, untimely, and without merit, and barred Petsoules from filing further pro se pleadings in the case due to abuse
• Andria Michelle Kerchner v. State
  103 So. 3d 284· Fla. 5th DCA· 2013-01-02 ·via Writ Of Habeas Corpus
• Lucious Hankins, Jr. v. State
  105 So. 3d 574· Fla. 4th DCA· 2012-12-19 ·via Habeas Corpus Petition
  The Florida Fourth District Court of Appeal imposed sanctions on a pro se litigant for filing frivolous and successive post-conviction petitions nearly twenty years after his 1994 conviction was affirmed. The court barred the petitioner from filing further documents unless review
• N.H. Indem. Co. v. Scott
  407 F. Supp. 2d 1142· M.D. Fla.· 2012-12-13
  The court held that the insurance policy's 'auto accident' coverage does not extend to intentional criminal acts like robbery and battery, and the exclusion for intentionally caused bodily injury applies.
• Reilly v. State
  102 So. 3d 680· Fla. 1st DCA· 2012-11-16
  Sean Reilly sought relief for ineffective assistance of appellate counsel, arguing his appellate attorney failed to raise that the trial court improperly denied his request for a Nelson hearing regarding discharge of court-appointed counsel. The court agreed, finding the appellat
• Mervyn Paul Arnold v. State
  114 So. 3d 223· Fla. 5th DCA· 2012-11-16 ·via Writ Of Habeas Corpus
  The dismissal of a petition for writ of habeas corpus is affirmed because the appellant received concurrent sentencing as agreed, and Florida's lack of parole does not render his detention unlawful.
• State of Del. v. Franklin
  Del. Super. Ct.· 2012-10-25
  The Court denied the defendant's third motion for postconviction relief, finding that all claims were procedurally barred by time limitations, repetition, procedural default, or former adjudication, and that no exceptions, such as the interest of justice or miscarriage of justice
• Delegal v. State
  126 So. 3d 1232· Fla. 4th DCA· 2012-10-24 ·via Writ Of Habeas Corpus
• Jackson v. Tucker
  99 So. 3d 614· Fla. 1st DCA· 2012-10-23
  Jackson petitioned for habeas corpus relief claiming he was entitled to additional gain-time credits and immediate release from the Florida Department of Corrections. The circuit court refused to file his habeas petition due to his failure to submit an indigency affidavit or pay
• Benny Mooney v. Fla. Parole Comm'n & The Fla. Dep't of Corr.
  98 So. 3d 728· Fla. 1st DCA· 2012-10-08 ·via Writ Of Habeas Corpus
• Plucinik v. State
  97 So. 3d 323· Fla. 5th DCA· 2012-09-14 ·via Habeas Corpus Petition
  Matthew Plucinik, an inmate convicted of sexual battery, filed a second habeas corpus petition asserting ineffective assistance of appellate counsel. The court denied the petition, found Plucinik had committed perjury by making false sworn allegations, prohibited him from filing
• A.P. v. Housel
  126 So. 3d 1182· Fla. 4th DCA· 2012-09-12 ·via Writ Of Habeas Corpus
  A juvenile detained pending placement in a residential facility challenges the risk assessment instrument (RAI) scoring used to justify secure detention. The court held that RAI points for 'committed or detention' status must be based on the juvenile's legal status at the time of
• Malando Wright v. State
  96 So. 3d 1145· Fla. 4th DCA· 2012-09-12
  A Florida appellate court granted a petition for ineffective assistance of appellate counsel, finding that appellate counsel failed to raise a preserved error regarding the trial court's erroneous belief that it lacked discretion to impose youthful offender sanctions. The petitio
• Hampton v. State
  96 So. 3d 1132· Fla. 1st DCA· 2012-09-11 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court challenging the judgment and sentence due to abuse of the legal process.
• Hall v. Ryan
  98 So. 3d 1195· Fla. 3d DCA· 2012-09-05 ·via Writ Of Habeas Corpus
  The court granted the State's petition for certiorari to review an order reinstating a defendant's release on his own recognizance, while denying the defendant's petition for habeas corpus seeking reinstatement of that release.
• Smith v. State
  97 So. 3d 262· Fla. 4th DCA· 2012-08-29
• Centennial Bank v. Roddenberry
  238 F. Supp. 2d 322· N.D. Fla.· 2012-08-23
• Jerriel L. Sweet v. State
  97 So. 3d 863· Fla. 4th DCA· 2012-08-15
  The court held that a petition for writ of habeas corpus was an improper substitute for a Rule 3.850 motion and that the appellant's claims were frivolous.
• Bradford v. State
  93 So. 3d 1180· Fla. 1st DCA· 2012-08-03 ·via Habeas Corpus Jurisdiction
  Jeff David Bradford, a state prisoner serving a life sentence since 1974, appealed the trial court's denial of his habeas corpus petition challenging the Florida Parole Commission's suspension of his presumptive parole release date. The appellate court affirmed, rejecting Bradfor
• Jenkins v. State
  92 So. 3d 279· Fla. 3d DCA· 2012-07-11 ·via Writ Of Habeas Corpus
  The court held that the petitioner has shown no good cause to avoid prohibition of further pro se filings due to his history of successive and meritless motions.
• Hoewischer v. Cedar Bend Club, Inc.
  701 F. App'x 408· M.D. Fla.· 2012-06-28
• Elliott v. State
  88 So. 3d 1075· Fla. 1st DCA· 2012-06-08 ·via Habeas Corpus Petition
• Rodrigo Bonilla v. State
  87 So. 3d 1222· Fla. 3d DCA· 2012-05-23
  Rodrigo Bonilla was convicted of second-degree murder after receiving a faulty jury instruction on manslaughter. On remand from the Florida Supreme Court following Montgomery v. State, the Third District Court of Appeal found that appellate counsel rendered ineffective assistance
• Shernerd Richardson v. Tucker
  90 So. 3d 265· Fla.· 2012-05-10
  The Florida Supreme Court sanctioned an inmate, Shernerd Richardson, for filing eleven frivolous extraordinary writ petitions related to his affirmed sex offense conviction. The Court prohibited Richardson from filing further pro se pleadings regarding his criminal case unless re