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

• Safrany v. State
  895 So. 2d 1145· Fla. 2d DCA· 2005-02-11
  Joseph Safrany petitioned for relief alleging ineffective assistance of appellate counsel for failing to raise a double jeopardy challenge to his convictions for both DUI manslaughter and vehicular homicide arising from a single fatal accident. The court granted the petition in p
• O'Neal v. State
  892 So. 2d 1195· Fla. 5th DCA· 2005-02-04
• Edge v. State
  893 So. 2d 610· Fla. 4th DCA· 2005-02-02 ·via Habeas Corpus Petition
  The court held that while appellate counsel's performance was deficient, the petitioner failed to show the deficiency compromised the appellate process because the underlying legal issue was without merit.
• Gray v. State
  891 So. 2d 640· Fla. 5th DCA· 2005-01-28
  Walter Gray petitions for habeas corpus to vacate his cocaine sales conviction, arguing that Howard Academy was not a qualifying "school" under Florida's enhanced penalty statute. The Fifth District Court of Appeal denies the petition, finding it meritless and imposing a restrict
• Mabrey v. Fla. Parole Comm'n
  891 So. 2d 1164· Fla. 2d DCA· 2005-01-28
  Raymond Lee Mabrey petitioned for a writ of certiorari to challenge the circuit court's second denial of his habeas petition challenging revocation of his conditional release by the Florida Parole Commission. The appellate court granted the petition because the circuit court fail
• Mullin v. Jenne
  890 So. 2d 543· Fla. 4th DCA· 2005-01-12
  Brooke Mullin petitioned for habeas corpus after a drug court judge ordered her into a custodial treatment program within a pretrial drug court despite her desire to opt out. The court held that while voluntary participation language in the administrative order creates a right to
• M.A. v. State
  890 So. 2d 1190· Fla. 4th DCA· 2005-01-05 ·via Writ Of Habeas Corpus
  The court held that the trial court properly extended a juvenile's detention period by nine days for a newly-ripened felony murder charge, as the circumstances constituted good cause under the statute.
• C. S. v. Jacoby
  893 So. 2d 591· Fla. 4th DCA· 2004-12-17 ·via Writ Of Habeas Corpus
  The court held that the petitioner's detention was not unlawfully extended by stacking detention periods, as the periods were not consecutive.
• S.B. v. State
  884 So. 2d 473· Fla. 4th DCA· 2004-10-06 ·via Writ Of Habeas Corpus
  A trial judge denied early release from indefinite juvenile detention for a 16-year-old committed for accessory after the fact and attempted murder, despite a positive recommendation from the Department of Juvenile Justice. The appellate court upheld the denial, holding that a ju
• Fuller v. State
  886 So. 2d 242· Fla. 5th DCA· 2004-10-01
• Hamilton v. Bieluch
  884 So. 2d 444· Fla. 4th DCA· 2004-10-01
  Herbert Hamilton seeks habeas corpus relief from a trial court's denial of bond. The Fourth District Court of Appeal holds that where a defendant is not charged with a capital or life felony, the trial court must consider whether reasonable conditions of release can protect the c
• Hunsicker v. State
  881 So. 2d 1166· Fla. 5th DCA· 2004-08-20
  Bruce Hunsicker appeals his convictions for sexual battery, lewd or lascivious offenses, and burglary of a dwelling. The Fifth District Court of Appeal affirmed his convictions and sentences, holding that his multiple convictions for different lewd or lascivious offenses do not v
• Jenkins v. State
  882 So. 2d 1049· Fla. 5th DCA· 2004-08-20
  Larry Jenkins appealed the denial of his habeas corpus petition challenging his aggravated battery conviction based on alleged victim misidentification. The court affirmed, holding that Jenkins should have raised this argument on direct appeal or in a post-conviction motion under
• Jackson v. State
  877 So. 2d 944· Fla. 4th DCA· 2004-07-28 ·via Writ Of Habeas Corpus
• Lewis v. State
  880 So. 2d 791· Fla. 5th DCA· 2004-07-16 ·via Writ Of Habeas Corpus
  The court affirmed the summary denial of post-conviction relief because the appellant's claim of ineffective appellate counsel was procedurally improper and lacked merit.
• Stanley v. State
  875 So. 2d 796· Fla. 2d DCA· 2004-06-25
• Freeze v. State
  875 So. 2d 731· Fla. 2d DCA· 2004-06-11 ·via Writ Of Habeas Corpus
• Lewis v. State
  874 So. 2d 728· Fla. 3d DCA· 2004-06-09 ·via Writ Of Habeas Corpus
  The court held that the defendant's petition for a writ of habeas corpus, in substance a petition for belated appeal, should be denied.
• Branch v. State
  874 So. 2d 708· Fla. 2d DCA· 2004-06-02 ·via Writ Of Habeas Corpus
• Hayes v. David
  875 So. 2d 678· Fla. 1st DCA· 2004-05-18
  Robert Hayes petitioned for certiorari review after a circuit court denied his habeas corpus petition challenging his subjection to conditional release supervision by the Florida Parole Commission. The court held that Hayes was not statutorily eligible for conditional release bec
• Proctor v. State
  873 So. 2d 495· Fla. 5th DCA· 2004-05-14
  Kenya Proctor, convicted of attempted first-degree murder, robbery with a firearm, and kidnapping in 1995, appealed a habeas corpus petition denial. The appellate court affirmed the denial and imposed sanctions prohibiting Proctor from filing further pro se appeals in the case ab
• Kablitz v. Bieluch
  872 So. 2d 429· Fla. 4th DCA· 2004-05-12
  Kablitz sought habeas corpus relief challenging his detention for alleged violation of supervised release. The court granted the petition, finding that Kablitz could not have violated his release conditions because the offenses underlying the violation warrant occurred before his
• McClellan v. State
  872 So. 2d 420· Fla. 4th DCA· 2004-05-07 ·via Writ Of Habeas Corpus
  McClellan petitioned for a writ of habeas corpus challenging his pretrial detention on charges of leaving the scene of an accident with serious injury and death. The Fourth District Court of Appeal granted the petition, finding that the trial court improperly ordered pretrial det
• Torrence Windell Allen v. Moore
  871 So. 2d 1023· Fla. 1st DCA· 2004-04-30
• Spencer v. Fla. Parole Comm'n
  872 So. 2d 973· Fla. 1st DCA· 2004-04-28
• Bermudez v. State
  870 So. 2d 875· Fla. 3d DCA· 2004-03-03
  Bermudez appealed the denial of a habeas corpus petition challenging his DUI/Manslaughter conviction on Fourth Amendment grounds and ineffective assistance of counsel. The Third District Court of Appeal affirmed the denial, holding that Bermudez's claims were time-barred as they
• Graham v. State
  865 So. 2d 636· Fla. 2d DCA· 2004-02-11
  The court held that the petitioner received ineffective assistance of appellate counsel because counsel failed to raise the issue of an improper upward departure sentence on direct appeal.
• Young v. Shoap
  862 So. 2d 904· Fla. 2d DCA· 2003-12-22 ·via Writ Of Habeas Corpus
• Arick Justin Rinaldo v. State
  861 So. 2d 510· Fla. 4th DCA· 2003-12-10 ·via Habeas Corpus Petition
  Court denied petitioner's request for hybrid representation (pro se with counsel assistance) and his petition for habeas corpus challenging a six-member jury, holding that Florida law does not permit simultaneous self-representation and counsel assistance, and that a six-member j
• Jones v. Fla. Parole Comm'n
  860 So. 2d 1074· Fla. 1st DCA· 2003-12-09
• Diresta v. State
  860 So. 2d 1052· Fla. 5th DCA· 2003-12-05
  A defendant is entitled to a belated appeal when prison mail logs confirm non-receipt of the order denying post-conviction relief. However, a motion to amend a post-conviction motion filed more than two years after the mandate is untimely.
• Elvis Hartley v. State
  860 So. 2d 1063· Fla. 5th DCA· 2003-12-05 ·via Writ Of Habeas Corpus
• Johnson v. Fla. Parole Comm'n
  860 So. 2d 504· Fla. 1st DCA· 2003-11-26 ·via Writ Of Habeas Corpus
• Hamilton
  Del.· 2003-09-30
  The Delaware Supreme Court affirmed the Superior Court's judgment on remand, holding that the Superior Court properly reconsidered the appellant's sentence calculation claim. The court found that the law of the case doctrine did not preclude reconsideration because the prior ruli
• Howard v. Fla. Parole Comm'n
  855 So. 2d 245· Fla. 1st DCA· 2003-09-26
  Sidney Howard sought certiorari review of a circuit court's denial of his habeas corpus petition challenging the revocation of his conditional release supervision based on a positive marijuana test. The court granted the petition, finding that Howard's drug use occurred before he
• Burnam v. State
  854 So. 2d 838· Fla. 5th DCA· 2003-09-19 ·via Writ Of Habeas Corpus
  The court held that the initial probable cause hearing judge must either find probable cause, find no probable cause, or continue the hearing for a limited time, and that a subsequent finding of probable cause without new information was improper.
• Kinsey v. State
  854 So. 2d 830· Fla. 5th DCA· 2003-09-19 ·via Writ Of Habeas Corpus
  James Kinsey, convicted of first-degree murder in 1990 and sentenced to life imprisonment with a 25-year minimum mandatory term, sought to file additional pro se appeals and collateral attacks on his conviction. The court imposed restrictions on his future pro se filings, finding
• Ulysse v. Dep't of Homeland Sec.
  291 F. Supp. 2d 1318· M.D. Fla.· 2003-08-15
  The court held that the petitioner's detention was unlawful because the 90-day removal period had expired, and the government lacked statutory authority to detain her.
• Martin v. State
  884 So. 2d 46· Fla. 2d DCA· 2003-08-06
  Thomas Martin appeals the denial of his habeas corpus petition alleging his retained counsel failed to file a postconviction 3.850 motion. The court reverses, finding the trial court improperly resolved the case on the merits without holding an evidentiary hearing on the threshol
• Renwick Keel v. Fla. Parole Comm'n
  849 So. 2d 1138· Fla. 1st DCA· 2003-07-17
• Horton v. Crosby
  848 So. 2d 504· Fla. 3d DCA· 2003-07-10
  The court granted a writ of habeas corpus, finding that the trial court's reason for departing from the sentencing guidelines (failure to rehabilitate) was invalid on its own.
• Goebel v. State
  848 So. 2d 479· Fla. 5th DCA· 2003-07-03 ·via Writ Of Habeas Corpus
  Eric Goebel seeks a writ of habeas corpus challenging the effectiveness of his appellate counsel who failed to file an answer brief in an interlocutory appeal of a suppression order. The court holds that Goebel may be entitled to a belated appeal, but only after withdrawing his g
• Williams v. State
  848 So. 2d 432· Fla. 2d DCA· 2003-07-02 ·via Writ Of Habeas Corpus
• Myles v. United States
  268 F. Supp. 2d 1329· M.D. Fla.· 2003-06-20 ·via Habeas Corpus Petition
  A petitioner's failure to file a § 2255 motion within the one-year limitations period, even for claims based on newly recognized rights, does not render the § 2255 remedy inadequate or ineffective to allow use of the § 2241 savings clause.
• Mills v. Glover
  844 So. 2d 764· Fla. 1st DCA· 2003-05-12 ·via Writ Of Habeas Corpus
• Pope v. State
  841 So. 2d 677· Fla. 5th DCA· 2003-04-11
  Charles Pope appeals the dismissal of his habeas corpus petition challenging his 1993 kidnapping and robbery convictions and sentences. The court affirms the dismissal, finding Pope's claims successive, untimely, and lacking merit, and imposes sanctions prohibiting further pro se
• Wilson v. State
  845 So. 2d 236· Fla. 2d DCA· 2003-04-11
  The court held that the petitioner's request for permission to file a belated petition alleging ineffective assistance of appellate counsel was facially insufficient and therefore denied.
• Travoris Lamar George v. State
  840 So. 2d 1172· Fla. 5th DCA· 2003-04-04 ·via Writ Of Habeas Corpus
  Travoris George petitioned for a writ of habeas corpus challenging his conviction for the sixth time, raising an evidentiary claim he had previously raised multiple times. The Florida District Court of Appeal affirmed its prior warning and denied the writ, imposing a restriction
• Kendrick v. Fla. Parole Comm'n
  839 So. 2d 905· Fla. 1st DCA· 2003-03-13
• Haralson v. State
  840 So. 2d 1094· Fla. 5th DCA· 2003-02-28