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

• Poplawski v. State
  933 So. 2d 1268· Fla. 5th DCA· 2006-07-28 ·via Writ Of Habeas Corpus
  The court denied the petition for a belated appeal and writ of habeas corpus.
• Yeary v. Ric L. Bradshaw
  931 So. 2d 1060· Fla. 4th DCA· 2006-07-05 ·via Writ Of Habeas Corpus
  A defendant petitioned for habeas corpus relief challenging a trial court's denial of bond at a first-appearance hearing. The Florida appellate court granted the writ because the trial court denied bond without filing a proper motion for pretrial detention, making required findin
• T.T. v. State
  932 So. 2d 614· Fla. 5th DCA· 2006-06-30 ·via Writ Of Habeas Corpus
  A juvenile sought habeas corpus relief after being placed in secure detention for alleged indirect criminal contempt without a required 24-hour hearing. The appellate court granted the petition, finding the trial court violated Florida's statutory requirement to conduct the conte
• C.N.W. v. State
  932 So. 2d 615· Fla. 5th DCA· 2006-06-30 ·via Writ Of Habeas Corpus
  A juvenile petitioned for habeas corpus challenging her secure detention based on a Risk Assessment Instrument (RAI) score. The court granted the petition, finding the trial court erred in scoring points on the RAI for absconding from home and remanded the case, ordering the tria
• Harden v. The State of Fla. & Lucy Hadi
  932 So. 2d 1152· Fla. 3d DCA· 2006-06-28
  This case interprets the Jimmy Ryce Act, Florida's civil commitment statute for sexually violent predators, to determine whether a state attorney must obtain a positive recommendation from a multidisciplinary team (MDT) before filing a petition for involuntary commitment. The cou
• D.L.W. v. State
  931 So. 2d 284· Fla. 5th DCA· 2006-06-23
  The court held that imposing consecutive five-day detention terms for a single violation of home detention was improper under the statute.
• Brandreth v. McRAY
  930 So. 2d 846· Fla. 3d DCA· 2006-06-14
  Paul Brandreth, a federal prisoner temporarily in Florida state custody pending trial on murder and theft charges, sought habeas corpus relief after the trial court denied his request for a bond hearing. The court granted the petition, holding that Brandreth was entitled to an Ar
• Washington v. State
  933 So. 2d 577· Fla. 5th DCA· 2006-06-09
  The court held that a habeas corpus petition cannot be used to raise issues already decided on appeal or in prior post-conviction motions, and that such a petition is time-barred if an adequate remedy exists and the filing exceeds the two-year limit.
• Corn v. State
  929 So. 2d 1162· Fla. 5th DCA· 2006-06-02
  Steven Corn appealed the denial of his habeas corpus petition challenging his seven-year sentence for aggravated child abuse. The court affirmed the denial and imposed sanctions prohibiting Corn from filing further pro se pleadings regarding his conviction, finding he was abusing
• T.P. v. State
  928 So. 2d 1240· Fla. 5th DCA· 2006-05-16
• T.D. v. Fla. Dep't OF Child. & Families
  930 So. 2d 611· Fla.· 2006-05-11 ·via Writ Of Habeas Corpus
• James v. State
  932 So. 2d 431· Fla. 3d DCA· 2006-05-10
  The court held that appellate counsel was ineffective for failing to raise an illegal sentence that exceeded the statutory maximum.
• Guerrero v. McRAY
  928 So. 2d 478· Fla. 3d DCA· 2006-05-04
  The trial court was without authority to sua sponte increase the defendant's bond after it had already been set.
• E.S. v. Dep't of Child. & Families
  928 So. 2d 467· Fla. 1st DCA· 2006-05-03
  Father of dependent child lacks right to collateral attack on appointed counsel's effectiveness in civil dependency proceeding that did not involve criminal charges or permanent termination of parental rights.
• E.T. v. State of Fla. & Dep't OF Child. & Families
  930 So. 2d 721· Fla. 4th DCA· 2006-05-03
  A father appealed the dismissal of his habeas corpus petition challenging the effectiveness of counsel in the termination of his parental rights proceedings. The Fourth District Court of Appeal affirmed the dismissal, holding that habeas corpus is not the proper vehicle for ineff
• Smith v. Allstate Ins. Co.
  925 So. 2d 474· Fla. 3d DCA· 2006-04-12 ·via Writ Of Habeas Corpus
  The court held that the petitioner is a vexatious litigant and will not be permitted to file further petitions for writ of habeas corpus unless signed by a Florida Bar member.
• Cary McCORD v. State
  923 So. 2d 1289· Fla. 5th DCA· 2006-03-31 ·via Writ Of Habeas Corpus
• Carswell v. Fla. Parole Comm'n
  924 So. 2d 907· Fla. 1st DCA· 2006-03-23
  The court granted certiorari and remanded because the circuit court failed to follow the appellate mandate requiring the Parole Commission to demonstrate it would have revoked petitioner's conditional release solely on condition 2(c) violation, and the Commission was estopped fro
• Demps v. State
  922 So. 2d 1103· Fla. 4th DCA· 2006-03-22 ·via Habeas Corpus Petition
• V.D. v. Dep't OF Juv. Just.
  921 So. 2d 714· Fla. 1st DCA· 2006-02-13 ·via Writ Of Habeas Corpus
  A juvenile charged with aggravated assault with a deadly weapon petitioned for habeas corpus challenging his secure detention pending adjudication. The court affirmed the detention, holding that the Risk Assessment Instrument properly included aggravating factor points based on t
• Corner v. State
  917 So. 2d 975· Fla. 3d DCA· 2005-12-28
  Lawrence Corner seeks a writ of habeas corpus raising sixteen claims of ineffective assistance of appellate counsel. The Florida District Court of Appeal, Third District, denied the petition, finding all sixteen grounds either procedurally barred or without merit.
• Allen v. State
  917 So. 2d 906· Fla. 3d DCA· 2005-11-30
  Derrick Allen petitioned for a second writ of habeas corpus alleging ineffective assistance of counsel. The Florida District Court of Appeal, Third District, denied the petition as time-barred, successive, and previously adjudicated.
• Robbins v. State
  915 So. 2d 232· Fla. 3d DCA· 2005-11-23
  Andre Robbins petitioned for a writ of habeas corpus challenging his habitual offender sentence as illegal because it was based on non-sequentially sentenced prior offenses. The Florida District Court of Appeal dismissed the petition on both procedural grounds and on the merits,
• Gooch v. State
  913 So. 2d 1273· Fla. 3d DCA· 2005-11-16 ·via Writ Of Habeas Corpus
• Johnson v. Sheriff Ken Jenne & State of Fla.
  913 So. 2d 740· Fla. 4th DCA· 2005-11-02 ·via Writ Of Habeas Corpus
  The trial court erred by denying a bond motion without making required findings regarding willfulness of failure to appear and reasonable bond conditions.
• Palazon v. Crosby
  913 So. 2d 741· Fla. 4th DCA· 2005-11-02
  Osvaldo Palazon petitioned for a writ of certiorari to challenge the revocation of his conditional release by the Florida Parole Commission based on a purported waiver of his right to a hearing that was signed only by his attorney, not by Palazon himself. The court held that an a
• White v. Fla. Parole Comm'n
  911 So. 2d 884· Fla. 1st DCA· 2005-09-28 ·via Writ Of Habeas Corpus
• Doak v. State
  911 So. 2d 205· Fla. 3d DCA· 2005-09-21
  The Third District Court of Appeal affirmed the trial court's summary denial of a habeas corpus petition on jurisdictional grounds, holding that the petition should have been filed in the Sixth Judicial Circuit where the conviction occurred, without reaching the merits of Doak's
• Colon v. Ric L. Bradshaw
  910 So. 2d 352· Fla. 4th DCA· 2005-09-14
  Jose Antonio Colon petitioned for a writ of habeas corpus after being held without bond following his failure to appear at an arraignment. The court granted the petition, finding that the trial court erred by issuing a no-bond capias when administrative order required an own reco
• Pinckney v. Crosby
  386 F. Supp. 2d 1231· M.D. Fla.· 2005-09-06
  The court found that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law, an unreasonable application of federal law, or based on an unreasonable determination of facts.
• Raynard Wilder v. State
  909 So. 2d 536· Fla. 1st DCA· 2005-08-31 ·via Writ Of Habeas Corpus
• Baumgardner v. Vercillo
  909 So. 2d 514· Fla. 5th DCA· 2005-08-26 ·via Writ Of Habeas Corpus
  The petition for writ of certiorari or habeas corpus is denied because the trial court's order was not a final determination of custody and the father has other avenues for relief.
• Verner v. State
  910 So. 2d 884· Fla. 5th DCA· 2005-08-26
• Jamaal A. Hameen v. Sheriff John H. Rutherford
  909 So. 2d 407· Fla. 1st DCA· 2005-08-18
  Jamaal Harneen appeals the summary denial of his habeas corpus petition challenging his 2003 guilty plea and sentence. The court affirmed the denial because the petition was legally insufficient, but allowed Harneen to file a properly formatted motion for postconviction relief ch
• Carreno v. State
  908 So. 2d 1135· Fla. 3d DCA· 2005-08-10
  Andres Carreno filed a habeas corpus petition seeking to file a belated appeal after pleading guilty to second-degree murder and aggravated child abuse. The court appointed a commissioner to conduct an evidentiary hearing to determine whether Carreno had timely requested his atto
• Evans v. State
  904 So. 2d 638· Fla. 1st DCA· 2005-06-23
  Ryan Evans successfully petitioned for relief from ineffective assistance of appellate counsel, arguing that his counsel failed to preserve a sentencing error through the proper procedural motion. The court granted the petition, finding that appellate counsel should have identifi
• Vargas v. Sec'y, Dep't of Corr.
  373 F. Supp. 2d 1323· M.D. Fla.· 2005-06-20
  The court held that most of the petitioner's claims were procedurally barred, failed to meet the standards for federal habeas relief under 28 U.S.C. § 2254(d), or were based on state law issues not cognizable in federal habeas corpus.
• Presley v. Fla. Parole Comm'n & Fla. Dep't of Corr.
  904 So. 2d 573· Fla. 1st DCA· 2005-06-13
• Gonzalez v. State
  905 So. 2d 208· Fla. 3d DCA· 2005-05-04
  Lazaro Gonzalez appealed the denial of his motion for speedy trial discharge after a federal habeas corpus court vacated his cocaine trafficking plea and ordered the state to take further action within sixty days. The court reversed, holding that under Beckham v. State, the sixty
• Wells v. State
  899 So. 2d 506· Fla. 5th DCA· 2005-04-22 ·via Writ Of Habeas Corpus
• McLEOD v. State
  899 So. 2d 506· Fla. 5th DCA· 2005-04-22 ·via Habeas Corpus Petition
• In re Amendments TO Fla. Rule OF App. Procedure 9.140(c)(1)
  901 So. 2d 109· Fla.· 2005-04-07
  The Florida Supreme Court adopted amendments to Rule of Appellate Procedure 9.140(c)(1) to allow the State to appeal orders withholding adjudication of guilt in violation of general law, implementing statutory changes from chapter 2004-60, Laws of Florida.
• McKNIGHT v. State
  896 So. 2d 973· Fla. 5th DCA· 2005-04-01 ·via Writ Of Habeas Corpus
• Webster v. Decker
  900 So. 2d 645· Fla. 1st DCA· 2005-03-24
• Nowling v. State
  895 So. 2d 1273· Fla. 1st DCA· 2005-03-11 ·via Writ Of Habeas Corpus
• Darrow Bethel v. The State of Fla. & Charles McCray
  898 So. 2d 176· Fla. 3d DCA· 2005-03-10 ·via Writ Of Habeas Corpus
  The court held that the notation 'PN/IA' on the appearance bond, meaning Promissory Note/Indemnity Agreement, constituted acceptable collateral under Florida Statutes.
• Murray v. McKELVY
  401 F.3d 1288· 11th Cir.· 2005-03-07 ·via Habeas Corpus Jurisdiction
  The Eleventh Circuit affirmed the district court's dismissal of a federal habeas petition challenging Massachusetts consecutive sentences, holding that § 2254 rather than § 2241 was the proper vehicle for such relief and that the petitioner failed to join necessary parties for hi
• Grontkowski v. State
  897 So. 2d 497· Fla. 4th DCA· 2005-02-23
• Doss v. Crosby
  357 F. Supp. 2d 1334· N.D. Fla.· 2005-02-21
  A habeas petition challenging the loss of gain time is moot when the petitioner's sentence has expired, even if the forfeited gain time could have theoretically shortened the incarceration period.
• Hoswell v. State
  896 So. 2d 813· Fla. 4th DCA· 2005-02-16