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

• D.T.M. v. State
  46 So. 3d 623· Fla. 5th DCA· 2010-10-14
  The court held that a juvenile probationer cannot have probation revoked without a sworn affidavit initiating the proceedings as required by rule.
• Ladon M. Green v. Fla. Parole Comm'n & Walter A. McNeil
  46 So. 3d 101· Fla. 1st DCA· 2010-10-06 ·via Writ Of Habeas Corpus
• Olin v. State
  48 So. 3d 881· Fla. 1st DCA· 2010-10-06 ·via Habeas Corpus Review
  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.
• Faison v. State
  45 So. 3d 919· Fla. 3d DCA· 2010-10-06 ·via Writ Of Habeas Corpus
  The court held that the appellant's latest motion and appeal were frivolous and affirmed the trial court's order denying relief.
• Carlton E. Adderly v. State
  46 So. 3d 84· Fla. 4th DCA· 2010-09-22
  Carlton Adderly appealed the dismissal of his habeas corpus petition challenging the sufficiency of the charging document. The Fourth District Court of Appeal affirmed the dismissal, holding that the information adequately alleged all essential elements of the conspiracy charge,
• Scott v. United States
  740 F. Supp. 2d 1317· S.D. Fla.· 2010-09-15
  Scott sought to vacate his sentence as a career offender under 28 U.S.C. § 2255, arguing that his prior conviction for carrying a concealed firearm did not qualify as a crime of violence. The district court held that although Scott's motion was untimely filed under the AEDPA's on
• Kyser v. State
  46 So. 3d 611· Fla. 1st DCA· 2010-09-13 ·via Writ Of Habeas Corpus
  Habeas corpus cannot be used as a substitute for postconviction relief or as a second appeal for issues previously raised or that could have been raised.
• Giovanna Sinquin Walker v. State
  43 So. 3d 915· Fla. 5th DCA· 2010-09-10
  Giovanna Sinquin Walker, a federal prisoner in Ohio, sought a writ of habeas corpus to dismiss a 2009 Florida cannabis charge, asserting violations of constitutional speedy trial rights and the Interstate Agreement on Detainers Act (IADA). The court affirmed the trial court's den
• Bruno v. State
  46 So. 3d 74· Fla. 5th DCA· 2010-09-03
  Jose Bruno appealed the denial of his petition for writ of habeas corpus based on a victim's written recantation of prior statements claiming he did not commit the crime of sexual activity with a child. The court reversed and remanded, holding that the petition should be treated
• Williams v. State
  126 So. 3d 264· Fla. 3d DCA· 2010-09-01
  The court held that the petition for writ of habeas corpus was timely filed within the two-year period after the civil commitment judgment became final.
• Tavorn v. Ellis
  43 So. 3d 824· Fla. 1st DCA· 2010-08-25
  The court held that the appellant is prohibited from proceeding with any active pro se case in this court and from filing additional pro se cases unless represented by counsel, with an exception for legitimate petitions for writ of habeas corpus.
• Lleo v. State
  41 So. 3d 1106· Fla. 3d DCA· 2010-08-18
• Pinder v. State
  42 So. 3d 335· Fla. 3d DCA· 2010-08-18
  Steven Leon Pinder appealed the denial of his petition for writ of habeas corpus and motion for relief from judgment, raising claims of improper charging procedure, actual innocence based on inadequate investigation, and manifest injustice. The Florida District Court of Appeal af
• Placide v. State
  41 So. 3d 430· Fla. 5th DCA· 2010-08-06 ·via Writ Of Habeas Corpus
• T.M. v. State
  39 So. 3d 559· Fla. 4th DCA· 2010-07-22 ·via Writ Of Habeas Corpus
  T.M., a juvenile, petitioned for a writ of habeas corpus challenging his detention in secure custody based on a finding that he was an "absconder." The Fourth District Court of Appeal granted the petition, holding that the statutory term "absconder" requires a clandestine absence
• Kornagay v. State
  38 So. 3d 221· Fla. 1st DCA· 2010-06-22
  The court affirmed the trial court's denial of two ineffective assistance of counsel claims but reversed and remanded five claims that were summarily denied without proper consideration of the record.
• Glendell Russ v. State
  36 So. 3d 835· Fla. 1st DCA· 2010-05-28
• Carswell v. Fla. Parole Comm'n & State of Fla.
  35 So. 3d 132· Fla. 5th DCA· 2010-05-21 ·via Writ Of Habeas Corpus
• Frantzy Jean-Marie v. State
  35 So. 3d 116· Fla. 3d DCA· 2010-05-19 ·via Writ Of Habeas Corpus
  Jean-Marie petitions for a writ of habeas corpus alleging his appellate counsel was ineffective for failing to raise certain legal arguments on direct appeal, including double jeopardy claims and jury instruction errors. The Florida District Court of Appeal denies the petition, f
• Brady Johnson v. State
  35 So. 3d 970· Fla. 5th DCA· 2010-05-07
• Craig v. State
  45 So. 3d 1· Fla. 3d DCA· 2010-04-28
  Ronald Lee Craig appealed the trial court's denial of his petition for habeas corpus, challenging his conviction and sentencing on multiple grounds including denial of right to trial, ineffective assistance of counsel, and procedural sentencing errors. The Third District Court of
• M.F. v. Faulk
  34 So. 3d 139· Fla. 3d DCA· 2010-04-21
  Florida appellate court dismissed as moot a habeas corpus petition challenging a juvenile's secure detention beyond the seventy-two-hour statutory limit, but reminded trial judges that detention decisions must strictly comply with section 985.255 regardless of judicial discretion
• R.N. v. State
  30 So. 3d 725· Fla. 4th DCA· 2010-04-07
  A twelve-year-old detained on delinquency charges for sexual battery petitioned for habeas corpus relief, challenging the continued detention. The court held that the trial court must conduct separate inquiries every 72 hours to determine both the need for continued detention and
• Bullard v. State of Fla. & Dep't of Corr.
  32 So. 3d 177· Fla. 5th DCA· 2010-04-01
• Baker v. McNeil
  711 F. Supp. 2d 1313· N.D. Fla.· 2010-03-31
  The court held that the exclusion of evidence regarding the complaining witness's prior false accusations of sexual misconduct violated the Confrontation Clause and was not harmless error.
• J.J. v. State
  31 So. 3d 295· Fla. 3d DCA· 2010-03-31 ·via Writ Of Habeas Corpus
  The court dismissed the petition as moot because the juvenile was released, but explained that the detention was improper.
• Riggio v. Sec'y, Dep't of Corr.
  704 F. Supp. 2d 1244· M.D. Fla.· 2010-03-29
  The court held that the state trial court abused its discretion by denying the petitioner's request for a continuance, thereby violating his Sixth Amendment right to counsel of choice.
• Adel Ortiz v. Maiaa Ramos
  30 So. 3d 708· Fla. 5th DCA· 2010-03-29
  The court held that the trial court's order of civil contempt was deficient because it failed to make specific factual findings regarding the petitioner's present ability to pay the purge amount.
• Shedrick Antwan Russell v. State
  28 So. 3d 226· Fla. 2d DCA· 2010-02-26 ·via Writ Of Habeas Corpus
  The court held that the trial court erred in summarily denying a petition for writ of habeas corpus without reaching the merits.
• Grant v. Kopp
  27 So. 3d 190· Fla. 5th DCA· 2010-02-05
  Florida appellate court granted habeas corpus petition and ordered immediate release of civil contempt prisoner because trial court failed to make required written findings that he possessed present ability to pay the purge amount for child support arrears.
• Wardell Brown v. State
  28 So. 3d 120· Fla. 2d DCA· 2010-01-29 ·via Writ Of Habeas Corpus
  The court held that a motion to correct an illegal sentence is not the proper vehicle to challenge the forfeiture of gain time or the legality of a sentence where credit for time served was granted in a subsequent proceeding.
• Franqui v. Florida
  680 F. Supp. 2d 1347· S.D. Fla.· 2010-01-28 ·via Habeas Corpus Petition
  The court denied Petitioner Franqui's Amended Motion for Certificate of Appealability on all claims, finding no substantial showing of the denial of a constitutional right that would be debatable among reasonable jurists.
• Leonard v. State
  24 So. 3d 786· Fla. 5th DCA· 2009-12-31
  Leonard petitioned for post-conviction relief alleging ineffective appellate counsel for failing to challenge an illegal minimum mandatory sentence. The court held that appellate counsel should have challenged the ten-year minimum mandatory sentence imposed on Leonard's aggravate
• Jensen v. Jensen
  21 So. 3d 150· Fla. 5th DCA· 2009-11-06 ·via Habeas Corpus Relief
  Florida appellate court granted habeas corpus relief and ordered release of petitioner held in direct criminal contempt, finding the trial court violated procedural requirements and lacked sufficient evidentiary basis for the contempt finding.
• Kendrick v. State
  21 So. 3d 122· Fla. 1st DCA· 2009-10-30
  A committed defendant sought habeas corpus relief under Florida's forensic client bill of rights, alleging violation of her statutory rights to appropriate treatment and care. The trial court denied the petition without a hearing, believing it lacked authority to intervene in pla
• Borroto v. State
  19 So. 3d 411· Fla. 5th DCA· 2009-09-11
  The court affirmed dismissal of a habeas corpus petition because it raised claims of ineffective assistance of counsel that must be pursued through Rule 3.850 motions, not habeas proceedings, and included procedurally barred issues that should have been raised on direct appeal.
• McCree v. Sec'y, Dep't of Corr.
  663 F. Supp. 2d 1316· M.D. Fla.· 2009-09-10
  The court held that the petitioner's trial counsel rendered ineffective assistance by failing to request an independent act jury instruction, which was supported by the evidence and crucial for the defense.
• Meldon Rich v. State
  21 So. 3d 842· Fla. 1st DCA· 2009-09-10
  Meldon Rich, serving life sentences for first-degree felony murder and sexual battery, appealed the denial of his emergency habeas corpus petition claiming he was convicted of a non-existent crime because the victim was allegedly dead when the sexual battery occurred. The appella
• Burke v. State
  18 So. 3d 652· Fla. 3d DCA· 2009-09-02
  Andre Burke appeals the denial of his habeas corpus petition claiming manifest injustice based on sentencing misadvice. The court affirmed the denial, finding that Burke was properly advised of the actual sentence (life without parole) before trial and chose to proceed anyway.
• Jermaral Ramon Cobb v. State
  16 So. 3d 273· Fla. 1st DCA· 2009-08-21
• Cassidy v. State
  18 So. 3d 620· Fla. 5th DCA· 2009-07-31
  Cassidy appealed the trial court's denial of his petition for writ of habeas corpus to file a belated post-conviction relief motion, claiming he had retained Attorney Edmund to file a Rule 3.850 motion but Edmund failed to do so. The court affirmed the denial, finding credible ev
• Oler J. Jones v. Dep't OF Corr.
  14 So. 3d 272· Fla. 1st DCA· 2009-07-29
• Bellizia v. McNeil
  758 F. Supp. 2d 1233· S.D. Fla.· 2009-07-14
  The court held that the petitioner received ineffective assistance of counsel because his attorney failed to challenge the state's failure to test each pellet of heroin, which violated controlling precedent and prejudiced the petitioner. This ineffective assistance constitutes ca
• Wells v. State
  14 So. 3d 1255· Fla. 5th DCA· 2009-07-02 ·via Habeas Corpus Petition
  Wells, convicted of strong-arm robbery in 1974 and sentenced to life imprisonment, sought post-conviction relief arguing defects in the robbery and sentencing statutes applicable at the time of his crime. The court affirmed the denial of his motion, finding his claim meritless an
• Smith v. State
  11 So. 3d 473· Fla. 5th DCA· 2009-06-26
  Florida appellate court reversed denial of habeas corpus petition and remanded for trial court to address merits of jurisdictional challenge to statewide prosecutor rather than dismissing on procedural grounds.
• Marsh v. State
  14 So. 3d 1214· Fla. 3d DCA· 2009-06-24 ·via Writ Of Habeas Corpus
  Aaron Marsh petitioned for writs of prohibition and habeas corpus challenging his civil commitment under Florida's Jimmy Ryce Act, arguing he was not in lawful custody when the State initiated the commitment process. The court denied the petition, holding that Marsh was lawfully
• B.K. v. State
  14 So. 3d 1109· Fla. 1st DCA· 2009-06-12
  B.K. appeals the denial of his habeas corpus petition challenging a permanency order in a child custody case. The court found that B.K. was denied due process by not receiving notice of the November 2006 hearing and not being present or represented by counsel, and reversed the tr
• A.M. v. State
  13 So. 3d 502· Fla. 3d DCA· 2009-06-04
  A juvenile petitioner sought habeas corpus relief from secure detention after being charged with aggravated assault with a firearm. The court found that the risk assessment instrument used to justify his detention was incorrectly scored and that the trial court failed to provide
• Pittman v. State
  8 So. 3d 1210· Fla. 3d DCA· 2009-04-29
• State of Del. v. Layton
  Del. Super. Ct.· 2009-04-28 ·via Federal Habeas Corpus
  The court denied the defendant's fourth motion for postconviction relief and request for appointment of counsel. The court found that the defendant's claims of actual innocence and ineffective assistance of counsel were barred by procedural rules, as the proffered evidence was no