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

• Nelms v. State
  971 So. 2d 994· Fla. 5th DCA· 2008-01-04
• Gaskins v. State
  970 So. 2d 916· Fla. 2d DCA· 2007-12-28 ·via Habeas Corpus Petition
• Zayed Eid Bakheet Almazrouei v. State
  971 So. 2d 185· Fla. 5th DCA· 2007-12-28 ·via Writ Of Habeas Corpus
  A Florida appellate court granted habeas corpus relief and remanded for bond reconsideration after the trial court denied bond without following statutory procedures. The court held that because the charged crimes did not constitute "dangerous crimes" under Florida law and the St
• Hogarth v. State
  970 So. 2d 880· Fla. 1st DCA· 2007-12-17
• Jackson v. Fla. Parole Comm'n
  970 So. 2d 881· Fla. 1st DCA· 2007-12-17
  The court granted certiorari and quashed the circuit court's order because the Parole Commission failed to make a required finding that the petitioner's violation was willful and substantial before revoking conditional release.
• Vasquez v. McDONOUGH
  970 So. 2d 473· Fla. 4th DCA· 2007-12-12 ·via Writ Of Habeas Corpus
  Luis Orlando Vasquez petitioned for a writ of habeas corpus claiming his 2002 guilty plea should be vacated because trial counsel failed to file a motion to suppress his statements to law enforcement. The Florida Fourth District Court of Appeal denied the petition, finding it lac
• Williamson v. State
  969 So. 2d 1160· Fla. 1st DCA· 2007-11-26
• Newsome v. Butterworth
  969 So. 2d 1147· Fla. 2d DCA· 2007-11-16
• Othlone Russ v. State
  971 So. 2d 851· Fla. 3d DCA· 2007-10-31 ·via Habeas Corpus Relief
  Russ seeks habeas corpus relief claiming appellate counsel was ineffective for failing to raise a jury instruction error regarding sexual battery charges. The court denies relief, holding that the instruction error was not fundamental because the record shows the jury convicted b
• Lenoir v. State
  971 So. 2d 817· Fla. 3d DCA· 2007-10-03
  Dale Lee Lenoir appealed the denial of a habeas corpus petition seeking a belated appeal of his 1992 convictions for attempted second-degree murder and unlawful firearm possession. The court affirmed the denial, holding that Lenoir was barred from seeking a belated appeal because
• Adams v. State of Fla. & Ric L. Bradshaw
  965 So. 2d 364· Fla. 4th DCA· 2007-09-28 ·via Writ Of Habeas Corpus
  The trial court erred in denying bond solely based on a violation of pretrial release conditions in a prior case.
• Danton Patrick v. State of Fla. & Ric L. Bradshaw
  964 So. 2d 279· Fla. 4th DCA· 2007-09-21 ·via Writ Of Habeas Corpus
  A trial court cannot sua sponte increase a defendant's bond, and any modification requires notice to the defendant.
• M.A. v. State of Fla. & Ric Bradshaw
  964 So. 2d 831· Fla. 4th DCA· 2007-09-19
  M.A., a juvenile on probation, petitioned for a writ of habeas corpus to challenge an order of home detention with electronic monitoring imposed after a contempt adjudication. The court granted the petition, holding that the trial court erred by proceeding with a violation of pro
• Collie Singleton v. State
  964 So. 2d 814· Fla. 4th DCA· 2007-09-19
  Collie Singleton petitioned for a writ of habeas corpus challenging his habitual offender sentence on the ground that appellate counsel failed to challenge the use of predicate convictions that the original sentencing judge had not relied upon. The court denied the petition, hold
• Baehren v. State
  965 So. 2d 297· Fla. 4th DCA· 2007-09-14
  The court held that the record evidence did not support the trial court's finding of probable cause to believe the defendant committed a new offense while on pretrial release.
• Riverocruz v. Ric L. Bradshaw
  964 So. 2d 245· Fla. 4th DCA· 2007-09-10
  The court granted a habeas corpus petition challenging bail set without a hearing, requiring the trial court to conduct a proper bond hearing considering statutory factors and to reconsider probable cause for drug paraphernalia charges.
• Mustelier v. State
  965 So. 2d 192· Fla. 3d DCA· 2007-08-29
  Salvador Mustelier appealed the denial of a habeas corpus petition challenging his 1986 first-degree murder and cocaine trafficking convictions. The court affirmed the trial court's dismissal, finding the petition was properly treated as an untimely Rule 3.850 motion for post-con
• Smith v. Fla. Parole Comm'n
  964 So. 2d 189· Fla. 1st DCA· 2007-08-21
  The court denied Smith's habeas corpus petition challenging the Parole Commission's ex post facto violation but granted his certiorari petition regarding liens, holding that liens cannot be imposed in collateral criminal proceedings under section 57.081.
• Francis v. State
  963 So. 2d 301· Fla. 1st DCA· 2007-08-10 ·via Writ Of Habeas Corpus
  The appellate court denied a petition for a writ of habeas corpus, treating it as a petition for writ of certiorari. The court found it lacked jurisdiction for habeas corpus because the petitioner was detained in another state. The court also affirmed the lower court's revocation
• C.W. v. Currie
  962 So. 2d 976· Fla. 1st DCA· 2007-07-31 ·via Writ Of Habeas Corpus
• C.T.B. v. State
  962 So. 2d 373· Fla. 5th DCA· 2007-07-25 ·via Writ Of Habeas Corpus
• McCLOUD v. State
  970 So. 2d 348· Fla. 3d DCA· 2007-07-18
  Florida appellate court denied habeas corpus petition where inmate had not completed concurrent sentences imposed in March 2006 and must exhaust administrative remedies with the Department of Corrections regarding gain-time issues.
• Amos Ragan v. McDONOUGH
  958 So. 2d 1148· Fla. 4th DCA· 2007-06-27
  Appellant Ragan challenged the denial of his habeas corpus petition attacking a 2002 parole revocation, arguing the circuit court prematurely ruled without giving him an opportunity to file a reply. The Fourth District reversed and remanded because the circuit court failed to fol
• Cannon v. McDONOUGH
  959 So. 2d 432· Fla. 3d DCA· 2007-06-27
  The appellate court reversed the trial court's summary denial of habeas corpus relief regarding jail credit for time served on re-sentencing, finding the record insufficient to determine whether the defendant received proper credit.
• In re Extradition of Batchelder
  494 F. Supp. 2d 1302· N.D. Fla.· 2007-06-25 ·via Habeas Corpus Review
  The court certified to the Secretary of State that there was sufficient evidence to sustain the three Canadian charges against the defendant, warranting extradition.
• Ackerman v. State
  958 So. 2d 450· Fla. 2d DCA· 2007-05-04
  Bernard Ackerman appeals the summary denial of his motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.858 and an order prohibiting him from filing further pro se postconviction challenges. The appellate court reversed, finding that while DNA evidence
• Fenton v. State
  960 So. 2d 12· Fla. 4th DCA· 2007-04-27 ·via Writ Of Habeas Corpus
• Melbra Brewer v. State
  954 So. 2d 110· Fla. 2d DCA· 2007-04-25
  Melbra Brewer petitioned for relief based on ineffective assistance of appellate counsel. The court granted the petition, finding that appellate counsel was ineffective for failing to raise a fundamental error argument regarding a circular self-defense jury instruction that was c
• Bynum v. Ryan
  954 So. 2d 1225· Fla. 3d DCA· 2007-04-18 ·via Writ Of Habeas Corpus
  The court held that a defendant cannot violate pretrial release conditions if they were never booked or given a release order, thus the trial court lacked authority to hold them without bond.
• Baratta v. Homeland Housewares, LLC
  184 F. Supp. 107· S.D. Fla.· 2007-04-17
• Johnson v. Moore
  493 F. Supp. 2d 1236· M.D. Fla.· 2007-03-30
  The court held that the motion to alter or amend the judgment should be denied, as the prior order correctly applied the harmless error standard and properly addressed the sufficiency of the evidence proffer.
• Johnson v. McDonough
  480 F. Supp. 2d 1309· S.D. Fla.· 2007-03-29
  The court held that the federal habeas corpus petition was untimely filed, as it was filed more than one year after the petitioner's conviction became final, and the tolling provisions did not apply.
• Johnson v. McDonough
  480 F. Supp. 2d 1314· S.D. Fla.· 2007-03-29
  The court held that the petitioner's federal habeas petition was untimely because it was filed more than one year after his conviction and sentence became final, and the tolling provisions did not apply.
• Love v. State
  951 So. 2d 952· Fla. 1st DCA· 2007-03-12
  Love appeals the summary denial of his postconviction motion claiming ineffective assistance of counsel. The court affirms the denial of 20 claims but reverses as to ground six regarding counsel's failure to call two potential witnesses who would have testified that Love did not
• Mobley v. Fla. Parole Comm'n
  949 So. 2d 372· Fla. 2d DCA· 2007-03-02
  Mobley, a parolee with two consecutive 99-year sentences, sought habeas corpus relief after his parole was revoked for leaving his assigned county without permission. The court denied his petition for certiorari, finding no grounds for relief under applicable parole revocation st
• Rudd v. State
  948 So. 2d 1040· Fla. 5th DCA· 2007-02-23 ·via Writ Of Habeas Corpus
• Rivera v. State
  949 So. 2d 324· Fla. 3d DCA· 2007-02-21
  Florida appellate court reversed summary denial of habeas corpus petition for lack of record attachments, finding defendant may be entitled to additional credit for time served that could result in immediate release or sentence completion.
• A.M. v. Housel
  948 So. 2d 993· Fla. 4th DCA· 2007-02-21
  A child detained in juvenile custody sought habeas corpus relief challenging his continued detention past his 19th birthday. The Florida appellate court granted the petition, holding that the trial court's jurisdiction automatically terminated when the child reached age 19 and th
• Sell v. Sell
  949 So. 2d 1108· Fla. 3d DCA· 2007-02-14
  A former wife appeals a trial court's refusal to award her attorneys' fees from the proceeds of the marital home sale. The appellate court reverses, holding that attorneys' fees incurred as a direct result of the former husband's reprehensible and contemptuous conduct may be impo
• Cothron v. State
  946 So. 2d 1251· Fla. 5th DCA· 2007-01-26
  Gregory Cothron appealed the trial court's denial of his habeas corpus petition challenging his 1990 convictions for sexual battery and burglary. The appellate court affirmed the denial and imposed sanctions barring Cothron from filing further pro se motions in this court due to
• Kerney v. State
  945 So. 2d 657· Fla. 2d DCA· 2007-01-17
  Leon Kerney petitioned for relief claiming ineffective assistance of appellate counsel for failing to argue that the trial court erred in denying his pro se motion to withdraw a guilty plea to sexual battery. The court denied the petition on two independent grounds: the pro se mo
• R.C. v. Juv. Court Judges OF the Fifteenth Jud. Cir.
  942 So. 2d 1007· Fla. 4th DCA· 2006-12-01 ·via Writ Of Habeas Corpus
• Walker v. State
  942 So. 2d 975· Fla. 3d DCA· 2006-11-29
• Hana Sargi v. Ali Hernandez
  939 So. 2d 179· Fla. 3d DCA· 2006-10-05
  Hana Sargi appeals a habeas corpus order requiring her to return their two children to her husband, Ali Hernandez, so he could take them back to Saudi Arabia. The Third District Court of Appeal quashed the writ, holding that habeas corpus relief is improper when there is no prior
• Douse v. Ric L. Bradshaw
  938 So. 2d 579· Fla. 4th DCA· 2006-09-20 ·via Writ Of Habeas Corpus
• K.I. v. State
  937 So. 2d 1181· Fla. 5th DCA· 2006-09-08
  A juvenile cannot be placed in secure detention based on a single failure to appear when the risk assessment score is below the statutory threshold, absent specific statutory exceptions.
• E.D.C. v. State
  936 So. 2d 1215· Fla. 5th DCA· 2006-09-08
• Durie v. State
  935 So. 2d 1284· Fla. 5th DCA· 2006-08-25 ·via Writ Of Habeas Corpus
• Hakam Sueliman v. Jenne
  935 So. 2d 120· Fla. 4th DCA· 2006-08-09
  The court held that the trial court abused its discretion by sua sponte increasing the petitioner's bond without notice and that the bond set for attempted armed robbery was unreasonable.
• Reyes v. Fla. Parole Comm'n
  935 So. 2d 594· Fla. 1st DCA· 2006-08-08
  Florida appellate court granted certiorari and quashed summary denial of habeas petition challenging parole revocation, holding that alleged deprivations of counsel, evidence access, and cross-examination required issuance of order to show cause before adjudication on the merits.