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

• Sascha Weber v. State
  89 So. 3d 973· Fla. 2d DCA· 2012-05-02
  Sascha Weber petitioned for post-conviction relief arguing his appellate counsel was ineffective for failing to raise that the jury instruction for attempted manslaughter by act imposed an additional element of intent to kill, constituting fundamental error. The court agreed and
• Ivaldi v. State
  88 So. 3d 334· Fla. 3d DCA· 2012-05-02
  Habeas corpus petition granted because appellate counsel was ineffective for failing to raise a defective manslaughter instruction that the Florida Supreme Court had already condemned in Montgomery, requiring reversal of the second degree murder conviction and remand for new tria
• TracFone Wireless, Inc. v. Trung Truc
  240 F. Supp. 998· S.D. Fla.· 2012-04-09
• Shara N. Cooper v. State
  83 So. 3d 998· Fla. 4th DCA· 2012-03-28
  Cooper petitions for relief based on ineffective assistance of appellate counsel, claiming her appellate attorney failed to raise a fundamental error regarding a defective jury instruction on the lesser-included offense of manslaughter. The court grants the petition, finding that
• Carey v. State
  84 So. 3d 404· Fla. 4th DCA· 2012-03-28
  The court held that the jury instructions in this case did not constitute fundamental error because they required the jury to find an intentional act causing death, not an intent to kill, and were distinguishable from prior precedent finding such error.
• Ward v. State
  84 So. 3d 379· Fla. 5th DCA· 2012-03-16 ·via Writ Of Habeas Corpus
• Robertson v. State
  81 So. 3d 629· Fla. 5th DCA· 2012-03-09
  The court held that a defendant is not entitled to jail-time credit for time spent in another county's jail before a warrant for the current offense was executed.
• Toms v. State
  80 So. 3d 1134· Fla. 1st DCA· 2012-03-05
• Bond v. State
  84 So. 3d 355· Fla. 5th DCA· 2012-02-24 ·via Habeas Corpus Petition
• Schreibeis v. Bradshaw
  15th Cir. Ct. App. Div.· 2012-02-09
  The appellate court denied a petition for writ of prohibition filed by a prisoner challenging various county officials and contracts. The petition sought relief beyond the court's jurisdiction, including internal investigations, discipline of officials, injunctive relief, and cou
• Mooney v. State
  80 So. 3d 1059· Fla. 4th DCA· 2012-02-08
  Michael Mooney seeks habeas corpus relief from a 1987 life sentence imposed as an upward departure from the sentencing guidelines. The court denies relief, holding that the trial court's failure to enter written reasons for departure at sentencing constitutes only technical error
• Lewis v. Fla. Parole Comm'n
  78 So. 3d 122· Fla. 1st DCA· 2012-01-30 ·via Writ Of Habeas Corpus
• Basil Burford v. State
  77 So. 3d 917· Fla. 4th DCA· 2012-01-25 ·via Writ Of Habeas Corpus
  Basil Burford petitioned for a writ of habeas corpus claiming appellate counsel was ineffective for failing to raise fundamental error regarding a missing jury instruction on justifiable and excusable homicide in his manslaughter conviction. The court granted the petition, findin
• Sims v. State
  78 So. 3d 30· Fla. 5th DCA· 2011-12-16
  Willie Fred Sims petitioned for relief claiming his appellate counsel was ineffective for failing to raise a fundamental error regarding a defective jury instruction for manslaughter by intentional act. The court granted the petition and remanded for a new trial, finding that app
• Tishner v. Cameron
  75 So. 3d 787· Fla. 2d DCA· 2011-11-30
  The court held that a defendant's prior filing of a written waiver of arraignment and plea of not guilty satisfied Florida Rule of Criminal Procedure 3.160(a), even if the arraignment was later scheduled.
• Wilcher v. State
  73 So. 3d 312· Fla. 4th DCA· 2011-10-19
  Alfred Wilcher filed a habeas corpus petition challenging the effectiveness of his appellate counsel during his 1995 resentencing appeal. The court dismissed the petition as untimely, successive, and frivolous, and barred Wilcher from filing any further papers in connection with
• Williams v. State
  71 So. 3d 232· Fla. 4th DCA· 2011-10-06 ·via Writ Of Habeas Corpus
  The court held that the motion to disqualify the judge was legally sufficient and that the $50,000 bond was excessive, granting both petitions.
• Schoenwalder v. State
  70 So. 3d 745· Fla. 5th DCA· 2011-09-28
  Karl Schoenwalder petitioned for habeas corpus relief challenging his ninety-day sentence for direct criminal contempt imposed by the trial court. While the appellate court agreed that his disruptive courtroom conduct constituted criminal contempt, it granted relief because the t
• Johnson v. State
  Fla. 3d DCA· 2011-09-28
  The court denied the motion to enforce mandate and issued an order to show cause why the appellant should not be prohibited from filing further pro se pleadings and sanctioned.
• Jarvis Haynes v. State
  73 So. 3d 793· Fla. 5th DCA· 2011-09-23
  Jarvis Haynes appeals the dismissal of his habeas corpus petition challenging his 2005 convictions for third-degree felony murder, robbery with a firearm, and dealing in stolen property. The court affirmed the dismissal, holding that habeas corpus is not the appropriate vehicle f
• Batten v. State
  70 So. 3d 736· Fla. 1st DCA· 2011-09-22 ·via Writ Of Habeas Corpus
  Petitioner is barred from making future pro se filings in this court concerning his specific case due to abuse of the legal process through repeated, unsuccessful attacks on his conviction and sentence.
• Torey McKAY v. United States
  657 F.3d 1176· 11th Cir.· 2011-09-22
  Torey McKay appealed the denial of his 28 U.S.C. § 2255 motion challenging his career offender sentence enhancement based on a prior conviction for carrying a concealed weapon. Following Begay v. United States and United States v. Archer, McKay argued that carrying a concealed we
• Flores v. State
  66 So. 3d 1094· Fla. 5th DCA· 2011-08-18 ·via Habeas Corpus Relief
  The court held that the trial court erred by failing to make the requisite findings to support the denial of bond for the petitioner.
• Felder v. State
  67 So. 3d 1177· Fla. 3d DCA· 2011-08-17 ·via Writ Of Habeas Corpus
• State of Del. v. Jackson
  Del. Super. Ct.· 2011-07-14
  The Court denied the defendant's motion for a stay of execution based on pending or anticipated federal litigation, granted the State's motion to dismiss the defendant's petition for declaratory relief, and denied as moot the defendant's motion for a stay of implementation of rev
• State of Del. v. Jackson
  Del. Super. Ct.· 2011-07-14
  The Court denied the defendant's motion for a stay of execution pending federal litigation, granted the State's motion to dismiss the defendant's petition for declaratory relief based on the Administrative Procedures Act, and denied as moot the defendant's motion for a stay of im
• Jones v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  644 F.3d 1206· 11th Cir.· 2011-06-28
  Randall Scott Jones appealed the denial of his federal habeas corpus petition challenging his death sentence for two murders committed in 1987. Jones raised two ineffective assistance of counsel claims: first, that his trial lawyer labored under a conflict of interest as an honor
• Senelus v. State
  99 So. 3d 517· Fla. 3d DCA· 2011-06-22
  The court held that the defendant's motion for post-conviction relief was improperly denied as successive because he had not previously filed a Rule 3.850 motion alleging ineffective assistance of trial counsel.
• In re Commitment OF Frank Richards. Frank Richards v. State
  62 So. 3d 1263· Fla. 2d DCA· 2011-06-17
  Frank Richards, a pretrial detainee under Florida's Involuntary Civil Commitment of Sexually Violent Predators Act, petitioned for habeas corpus challenging his detention based on the State's failure to bring him to trial within thirty days of the probable cause determination. Th
• Kenyon Harrison v. State
  62 So. 3d 1229· Fla. 5th DCA· 2011-06-10
  Harrison's petition for ineffective assistance of appellate counsel is granted. His appellate counsel failed to raise a constitutional confrontation clause issue on direct appeal—specifically, the trial court's ruling excluding evidence of a key State witness's juvenile probation
• Buss v. Stone
  61 So. 3d 1209· Fla. 1st DCA· 2011-05-13
  The Florida Department of Corrections appealed an order that converted a mandamus petition into a habeas corpus petition and transferred it from Leon County to Santa Rosa County. The court reversed, holding that because the petitioner's grievance did not actually challenge close
• Grimes v. State
  82 So. 3d 847· Fla. 4th DCA· 2011-04-27
  Gary Wayne Grimes petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel after his direct appeal was dismissed due to his appointed counsel's failure to respond to the court's filing fee directive or motion to reinstate. The Fourth District Co
• Elbert Francis v. State
  60 So. 3d 506· Fla. 1st DCA· 2011-04-21
  A petition for writ of habeas corpus is an improper and frivolous attempt to seek rehearing of a prior appellate decision.
• Murphy v. Al Lamberti
  58 So. 3d 414· Fla. 4th DCA· 2011-04-14
  Florida appellate court granted habeas corpus petition in part because trial court revoked bond without making required statutory findings that no conditions could protect the community or ensure defendant's presence at trial.
• Neloms v. State
  57 So. 3d 942· Fla. 3d DCA· 2011-03-30 ·via Writ Of Habeas Corpus
  Ronald Neloms appeals the trial court's denial of a petition for a writ of habeas corpus seeking leave to file a Rule 3.850 postconviction motion out of time, claiming his privately retained postconviction counsel was ineffective. The court affirms, holding that there was compete
• Narcisso Parker v. State of Fla. Dep't OF Corr.
  58 So. 3d 318· Fla. 4th DCA· 2011-03-16 ·via Writ Of Habeas Corpus
• Donneco R. King v. Buss
  59 So. 3d 195· Fla. 4th DCA· 2011-03-16 ·via Writ Of Habeas Corpus
  Failure to timely challenge a post-conviction order in a prior appeal bars subsequent collateral attack on related convictions and sentences.
• Mitchell v. State
  56 So. 3d 131· Fla. 5th DCA· 2011-03-11
  The Fifth District Court of Appeal barred a habeas corpus petitioner from filing further pro se pleadings in his case after determining he was abusing the judicial process through repetitive, meritless filings.
• Morris v. Buss
  776 F. Supp. 2d 1293· N.D. Fla.· 2011-03-07
  The district court adopted the magistrate judge's report and recommendation, denying the petition for writ of habeas corpus.
• Jones v. State
  60 So. 3d 420· Fla. 1st DCA· 2011-02-28 ·via Writ Of Habeas Corpus
  Jones petitioned for a writ of habeas corpus challenging an earlier appellate decision that affirmed the denial of his postconviction motion. The First District Court of Appeal dismissed the petition, finding it an improper use of habeas corpus to relitigate issues that could hav
• B.S.K. v. State
  53 So. 3d 394· Fla. 5th DCA· 2011-02-07
  The court held that the petitioner was entitled to relief from illegal detention due to an improperly prepared Risk Assessment Instrument.
• Criollo v. Criollo
  53 So. 3d 391· Fla. 5th DCA· 2011-02-04
• Hatten v. State
  53 So. 3d 392· Fla. 5th DCA· 2011-02-04 ·via Writ Of Habeas Corpus
• K.N.W. v. Stepheny Durham
  53 So. 3d 364· Fla. 1st DCA· 2011-01-24
  Two juvenile detainees petitioned for habeas corpus relief, challenging secure detention orders that allegedly violated Florida's statutory requirement that courts state clear and convincing reasons in writing when ordering detention more restrictive than risk assessment instrume
• Howard v. State
  49 So. 3d 1284· Fla. 5th DCA· 2010-12-23 ·via Habeas Corpus Petition
  Dexter Howard filed his third petition for habeas corpus and fifth postconviction proceeding challenging his 2003 conviction. The court dismissed his petition, prohibited him from filing further pro se pleadings in this Court regarding his conviction, and directed that a certifie
• Harris v. United States
  757 F. Supp. 2d 1303· S.D. Fla.· 2010-12-17
  A defendant can raise the adequacy of predicate convictions for an ACCA enhancement on habeas corpus, even if not challenged at sentencing or on direct appeal, if they assert actual innocence. The government waives its right to correct factual inaccuracies in a presentence report
• Calhoun v. State of Fla. & Johnny Mack Sketo Calhoun v. Mark S. Inch
  Fla.· 2010-12-16 ·via Writ Of Habeas Corpus
  Johnny Mack Sketo Calhoun appealed the denial of his motion to vacate his conviction for first-degree murder and his death sentence, claiming newly discovered evidence regarding an alternative suspect, ineffective assistance of trial and appellate counsel, and various prosecutori
• Tyson L. Preston v. State
  52 So. 3d 7· Fla. 5th DCA· 2010-12-03
  Preston petitions for review alleging ineffective assistance of appellate counsel in his burglary conviction. The court denies the petition and orders Preston to show cause why sanctions should not be imposed for filing a frivolous collateral proceeding.
• Brookins v. State
  49 So. 3d 327· Fla. 1st DCA· 2010-12-03
• Vanwagner v. State
  45 So. 3d 572· Fla. 4th DCA· 2010-10-20 ·via Writ Of Habeas Corpus
  Edward VanWagner was convicted of armed kidnapping based on jury instructions that allowed conviction under intent elements not charged in the indictment. The Fourth District granted his habeas corpus petition for ineffective assistance of appellate counsel, finding fundamental e