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

• Reese v. State
  11 So. 3d 399· Fla. 3d DCA· 2009-04-22
  The court affirmed the summary denial of Reese's habeas corpus petition because his claims were previously raised or could have been raised on direct appeal or in a timely postconviction motion, and habeas corpus cannot substitute for postconviction relief.
• Szeremi v. State
  6 So. 3d 122· Fla. 2d DCA· 2009-04-17
• Tooma v. Fla. Parole Comm'n
  612 F. Supp. 2d 1255· S.D. Fla.· 2009-04-10
  The court held that an inmate's challenge to parole procedures, including reliance on judicial objections, does not state a constitutional claim cognizable under § 1983 or habeas corpus because Florida parole statutes do not create a protected liberty interest and procedural chan
• Evins v. State
  6 So. 3d 710· Fla. 4th DCA· 2009-04-08 ·via Writ Of Habeas Corpus
  The court held that a petition containing knowingly false allegations cannot be amended to correct the falsehoods.
• General Manuel Antonio Noriega v. Pastrana
  564 F.3d 1290· 11th Cir.· 2009-04-08
  General Manuel Antonio Noriega, a prisoner of war designated under the Third Geneva Convention, petitioned for habeas corpus relief to prevent his extradition to France, arguing that the Convention prohibited his extradition and required his immediate repatriation to Panama. The
• Grace v. State
  3 So. 3d 1290· Fla. 4th DCA· 2009-03-30 ·via Writ Of Habeas Corpus
• Gaedtke v. McNeil
  612 F. Supp. 2d 1209· M.D. Fla.· 2009-03-25
  The court held that while petitioner's counsel's performance was deficient, it did not prejudice the outcome, thus denying habeas relief.
• Morgan v. State
  6 So. 3d 695· Fla. 4th DCA· 2009-03-18
• Jackson v. State of Fla. & Walter A. McNeil
  18 So. 3d 587· Fla. 1st DCA· 2009-03-13 ·via Writ Of Habeas Corpus
  Two inmates petitioned for habeas corpus relief arguing they were not subject to state court jurisdiction and that their confinement constituted unconstitutional kidnapping. The court denied the petition on the merits and imposed sanctions on the lead petitioner for abusing the a
• Ferenc v. McNEIL
  8 So. 3d 397· Fla. 1st DCA· 2009-03-13 ·via Writ Of Habeas Corpus
  The court held that the circuit court did not depart from the essential requirements of law by denying a habeas corpus petition based on a claim not raised in the petition or administratively exhausted.
• Sykes v. State
  6 So. 3d 1246· Fla. 1st DCA· 2009-03-03
  The court denied the petition for a writ of habeas corpus and imposed a sanction prohibiting the petitioner from filing further documents pro se.
• J.H. v. K.D.M. and E.N.M.
  8 So. 3d 372· Fla. 5th DCA· 2009-02-03 ·via Habeas Corpus Petition
  A putative father who properly registered with Florida's Putative Father Registry but failed to update his address after relocating challenged the termination of his parental rights and adoption of his child by the maternal grandparents. The court held that failure to update a re
• Pearce v. McNEIL
  1 So. 3d 281· Fla. 1st DCA· 2009-01-12
  Brian Pearce challenged the revocation of his conditional release supervision by the Florida Parole Commission (FPC), arguing that the FPC failed to make a required finding that his violation was willful and substantial. The court granted certiorari and held that the FPC violated
• Hiram Cordones v. State
  997 So. 2d 496· Fla. 5th DCA· 2008-12-19
  Cordones was adjudicated not guilty by reason of insanity and placed on conditional release for one year. Six years later, after his conditional release had expired, the trial court ordered his arrest and detention based on an unsworn letter indicating he had lost contact with hi
• Olsen v. Fla. Parole Comm'n
  998 So. 2d 657· Fla. 3d DCA· 2008-12-17
  The Florida District Court of Appeal affirmed the circuit court's denial of Olsen's habeas corpus petition challenging parole revocation, holding that plenary appeal is unavailable after judicial review of quasi-judicial parole commission action and that Olsen received due proces
• Bell v. State
  997 So. 2d 1187· Fla. 3d DCA· 2008-12-17
  Alex T. Bell appealed the denial of his habeas corpus petition claiming ineffective assistance of counsel for waiving his right to dismiss a defective information. After the Third District Court of Appeal affirmed the trial court's denial in August 2008, Bell filed a second appea
• White v. State
  995 So. 2d 1172· Fla. 4th DCA· 2008-12-10 ·via Writ Of Habeas Corpus
  Michael White petitioned for a writ of habeas corpus seeking additional jail credit for time served, claiming he was entitled to immediate release. The Fourth District Court of Appeal affirmed that White validly waived additional jail credit in his negotiated plea agreement and d
• Small v. State
  995 So. 2d 1143· Fla. 5th DCA· 2008-12-05
  The Fifth District Court of Appeal barred Andrew Small from filing further pro se pleadings in his criminal case due to abuse of the judicial process and frivolous filings.
• Linus G. Farr v. State
  995 So. 2d 1104· Fla. 4th DCA· 2008-11-26
  The court affirmed the denial of the appellant's requests, without prejudice to refiling proper motions.
• A.L.M. v. Dep't OF Child. & Families & State of Fla.
  995 So. 2d 1085· Fla. 4th DCA· 2008-11-21
  A.L.M., a juvenile found incompetent to proceed in delinquency cases, challenged orders committing him to secure placement with the Department of Children and Families. The appellate court reversed, finding that the trial court's orders lacked the requisite clear and convincing e
• Brinson v. State
  995 So. 2d 1047· Fla. 2d DCA· 2008-11-14
  A prior conviction for battery on a law enforcement officer cannot be used as a qualifying offense for a violent career criminal sentence if its statutory elements do not include the use or threat of physical force or violence.
• R.A.P. v. Parkins
  994 So. 2d 414· Fla. 1st DCA· 2008-10-22 ·via Writ Of Habeas Corpus
  A juvenile detained in secure custody for violating probation conditions without committing a new crime petitioned for habeas corpus relief. The court held that secure detention is not authorized under Florida law when the alleged probation violation does not constitute a new off
• Carter v. State
  2 So. 3d 320· Fla. 3d DCA· 2008-10-15
  The court affirmed the trial court's order granting sanctions and issued an order to show cause why the defendant should not be prohibited from filing further pro se pleadings.
• Lenoir v. State
  992 So. 2d 351· Fla. 3d DCA· 2008-10-01
  Court affirmed denial of collateral challenge to sentence and imposed restrictions on pro se filings after finding no good cause for eighth post-conviction motion.
• Deandrea S. Thomas v. McNEIL
  990 So. 2d 1222· Fla. 1st DCA· 2008-09-22 ·via Habeas Corpus Jurisdiction
  The court granted certiorari and quashed a habeas corpus dismissal order because the trial court lacked jurisdiction when the petitioner was never incarcerated in the county where the case was heard.
• McClinton v. McNeil
  615 F. Supp. 2d 1310· M.D. Fla.· 2008-09-19
  The court held that the petitioner was not entitled to federal habeas relief because the state court's adjudications of his claims were not contrary to, nor an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the
• McCRORY v. State
  990 So. 2d 658· Fla. 4th DCA· 2008-09-10
  The Fourth District reversed the trial court's assessment of fees and costs in a Jimmy Ryce civil commitment proceeding, holding that trial courts lack statutory authority to impose such costs, while affirming the commitment on other grounds and directing that ineffective assista
• Keair S. Walker v. State
  990 So. 2d 1119· Fla. 3d DCA· 2008-08-06
  Keair Walker, convicted of first-degree murder and sentenced to life imprisonment, filed a petition for collateral relief claiming his appellate counsel was ineffective for failing to raise four issues on direct appeal. The Florida Third District Court of Appeal denied the petiti
• Darcy L. Robinson v. State
  987 So. 2d 768· Fla. 3d DCA· 2008-07-23
• S.W. v. State
  987 So. 2d 173· Fla. 4th DCA· 2008-07-16
  A minor, S.W., petitioned for habeas corpus relief from secure detention pending placement in a high-risk residential program. The court granted the petition because S.W.'s risk assessment score did not meet the threshold for secure detention and the trial court failed to provide
• In re Amendments TO Fla. Rule OF Juv. Procedure 8.100
  985 So. 2d 534· Fla.· 2008-06-26 ·via Writ Of Habeas Corpus
  The Florida Supreme Court adopted a proposed amendment to Florida Rule of Juvenile Procedure 8.100(e) to allow parties and their attorneys to obtain transcripts of court proceedings in juvenile delinquency cases without requiring a court order. This change was implemented to faci
• Miller v. State
  985 So. 2d 1152· Fla. 3d DCA· 2008-06-18 ·via Writ Of Habeas Corpus
  Miller sought habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a sufficiency of the evidence argument on direct appeal regarding the items stolen and their value in a burglary and grand theft case. The court denied the petition, finding amp
• Peterson v. Fla. Parole Comm'n
  982 So. 2d 1226· Fla. 1st DCA· 2008-05-27
  The court granted certiorari and quashed the circuit court's order affirming parole revocation because the Parole Commission's revocation order failed to contain a finding that the petitioner's actions constituted a willful violation of a substantial condition of supervision.
• Brown v. McNeil
  591 F. Supp. 2d 1245· M.D. Fla.· 2008-05-14
  The court held that the Florida Parole Commission did not abuse its discretion in revoking Petitioner's conditional release supervision, as it accepted the hearing examiner's findings of guilt and acted within its statutory authority.
• Brewster v. United States
  559 F. Supp. 2d 1311· S.D. Fla.· 2008-05-14
  The court held that the petitioner's actions of passing bad checks did not constitute bank fraud under Florida law because there was no scheme to defraud a financial institution or risk of loss to the bank, and federal habeas relief is unavailable for state statutory interpretati
• Hogan v. State
  984 So. 2d 546· Fla. 5th DCA· 2008-05-02 ·via Writ Of Habeas Corpus
  The Florida Fifth District Court of Appeal affirmed its order prohibiting Michael L. Hogan, a death-row inmate, from filing any further appeals, petitions, pleadings, or motions related to his 1987 first-degree murder conviction without attorney review and signature. The court to
• Marlin Leon Wiggins v. State
  981 So. 2d 554· Fla. 2d DCA· 2008-05-02 ·via Writ Of Habeas Corpus
  Marlin Leon Wiggins petitioned for a writ of prohibition challenging a trial court's order granting the State's motion to extend the speedy trial period. The Florida Second District Court of Appeal affirmed the trial court's decision, holding that the court did not abuse its disc
• Yearby v. Fla. Parole Comm'n
  980 So. 2d 592· Fla. 4th DCA· 2008-04-30
  The court denied the petition for writ of certiorari, finding the circuit court's order denying habeas corpus was not a departure from the essential requirements of law.
• Stallings v. Ryan
  979 So. 2d 1167· Fla. 3d DCA· 2008-04-23 ·via Writ Of Habeas Corpus
  David Stallings petitioned for habeas corpus challenging his detention without bond on charges of sexual battery alleged to have occurred between 1974 and 1985. The appellate court granted the petition, finding the State failed to meet its burden of proving guilt was evident or t
• Cooper v. McNeil
  622 F. Supp. 2d 1242· M.D. Fla.· 2008-04-23
  The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law and was based on reasonable factual determinations, thus denying the petition for writ of habeas corpus.
• Dante v. Ryan
  979 So. 2d 1122· Fla. 3d DCA· 2008-04-09 ·via Writ Of Habeas Corpus
  William Dante, an inmate, petitioned for a writ of mandamus to compel the Miami-Dade County Department of Corrections to provide annual teeth cleaning and fillings. The Florida Third District Court of Appeal denied the petition because Dante failed to exhaust available administra
• Osorio v. Sec'y, Dep't of Corr.
  558 F. Supp. 2d 1233· M.D. Fla.· 2008-04-04
  Wilson Osorio petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his conviction for third-degree murder and sentence of 207.75 months imposed by a Florida trial court. The district court dismissed the petition as time-barred under the Antiterrorism an
• Ford v. Sec'y, Dep't of Corr.
  558 F. Supp. 2d 1220· M.D. Fla.· 2008-04-04
  The court held that the petitioner's claims for habeas corpus relief were denied as they failed to meet the threshold requirements of 28 U.S.C. § 2254(d) and (e), and were either procedurally barred or refuted by the record.
• YON v. Fla. Parole Comm'n
  993 So. 2d 1059· Fla. 1st DCA· 2008-04-03
  Petitioner Yon seeks review of orders denying his habeas corpus petition challenging the Florida Parole Commission's revocation of his conditional release. The appellate court quashes the improper transfer of the case from Madison County to Calhoun County and remands for the prop
• Sanchez-Toribio v. Sec'y, Fla. Dep't of Corr.
  557 F. Supp. 2d 1322· M.D. Fla.· 2008-03-31
  The court held that the petitioner's claim regarding jury instructions was procedurally defaulted and that his claim regarding the admissibility of his confession was not an unreasonable application of federal law.
• C.A.F. v. State
  976 So. 2d 629· Fla. 5th DCA· 2008-03-07
  A juvenile court issued a "release order" with conditions including a dusk-to-dawn curfew, obedience to household and school rules, and mandatory study requirements. The Florida Fifth District Court of Appeal held that the court lacked statutory authority to impose such condition
• Lindsey v. State
  974 So. 2d 1131· Fla. 3d DCA· 2008-02-06 ·via Habeas Corpus Relief
  Defendant's petition for habeas corpus based on ineffective assistance of appellate counsel for failing to raise a speedy trial violation is denied because defendant waived his speedy trial right by requesting a defense continuance.
• McDONOUGH v. Durrah
  976 So. 2d 11· Fla. 5th DCA· 2008-01-18
  The Florida Department of Corrections appealed a trial court's grant of habeas relief requiring it to credit a defendant's prior prison time toward his remaining incarceration after violation of a suspended sentence. The appellate court reversed, holding that a defendant is not e
• Sando v. State of Fla. & Al Lamberti
  972 So. 2d 271· Fla. 4th DCA· 2008-01-10 ·via Writ Of Habeas Corpus
  Victoria Sando petitioned for habeas corpus challenging her incarceration for violation of a domestic violence injunction. The court granted the petition, finding that Sando was denied due process because the trial court imposed a criminal contempt sanction without following crim
• Culpepper v. State
  971 So. 2d 259· Fla. 2d DCA· 2008-01-04 ·via Federal Habeas Corpus
  The court held that the defendant's motion for post-conviction relief was untimely and that case law does not currently support his legal theory that a life sentence without parole for a juvenile offender constitutes cruel and unusual punishment.