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

• Henderson v. State
  838 So. 2d 660· Fla. 5th DCA· 2003-02-28
• Jones v. Fla. Parole Comm'n
  837 So. 2d 1160· Fla. 1st DCA· 2003-02-21
• Romahn v. State
  840 So. 2d 294· Fla. 5th DCA· 2003-01-31 ·via Habeas Corpus Petition
  An improper upward departure sentence under the guidelines is procedurally barred from being raised in a petition for writ of habeas corpus. Re-arguing a previously denied motion is successive and improper.
• Johnson v. State
  835 So. 2d 370· Fla. 1st DCA· 2003-01-29
  Charles Johnson appeals the trial court's summary denial of his postconviction petition challenging multiple consecutive habitual offender sentences. The appellate court previously remanded the case with specific instructions to review the written record under Hale v. State, but
• Wilson v. State
  835 So. 2d 1215· Fla. 4th DCA· 2003-01-22
  Wilson obtained habeas corpus relief for ineffective assistance of appellate counsel. His appellate attorney failed to raise a jury instruction issue that Wilson's trial counsel had requested, even though the same issue was successfully raised by his co-defendant in a separate ap
• Joseph v. Cal Henderson
  834 So. 2d 373· Fla. 2d DCA· 2003-01-15
  The court held that the sheriff's distinction between inmates returning on writs of testificandum and prosequendum, in applying a booking fee, violates equal protection and due process rights.
• Snow v. State
  832 So. 2d 970· Fla. 5th DCA· 2002-12-27
• Marino v. State
  835 So. 2d 303· Fla. 5th DCA· 2002-12-20 ·via Writ Of Habeas Corpus
• Johnson v. State
  833 So. 2d 191· Fla. 1st DCA· 2002-12-12
  Appellant's trial court petition for belated appeal was properly denied for lack of jurisdiction, but the appellate court treated it as a proper belated appeal request and remanded with directions to follow established procedures.
• Hammett v. State
  827 So. 2d 406· Fla. 5th DCA· 2002-10-11
  Allen Hammett appeals the trial court's denial of his emergency petition for writ of habeas corpus, claiming his post-conviction counsel was ineffective for failing to raise a conflict-of-interest claim regarding his trial attorney. The court affirmed the denial, finding the issu
• Perez v. Dept. of Corrections
  227 F. Supp. 2d 1298· S.D. Fla.· 2002-09-30
  Henry Perez was convicted in 1993 of attempted felony murder and sentenced to 25 years imprisonment. His appellate counsel, J. Rafael Rodriguez, failed to keep Perez's direct appeal alive after the Third District Court of Appeal affirmed the conviction in November 1994, despite k
• Garrick John v. State
  826 So. 2d 496· Fla. 3d DCA· 2002-09-25
  The court held that the defendant's post-conviction motion was not procedurally barred due to tolling of the filing period while he was out of state. However, some claims of ineffective assistance of counsel require an evidentiary hearing.
• W.B.T. v. Enoc Esteves
  825 So. 2d 1055· Fla. 4th DCA· 2002-09-18 ·via Writ Of Habeas Corpus
  W.B.T., a juvenile detained in secure detention, petitioned for habeas corpus, arguing that consecutive twenty-one-day detention orders for separate delinquent acts violated Florida's statutory limit on pre-adjudicatory detention. The court held that consecutive detention periods
• Novartis Consumer Health Inc. v. Elan Transdermal Techs., Inc.
  110 F. Supp. 1· S.D. Fla.· 2002-09-11
• Glenn v. State
  827 So. 2d 292· Fla. 5th DCA· 2002-08-30
  The court held that the trial court correctly denied the petition for writ of habeas corpus because the petitioner has no right to immediate release.
• Scullock v. State
  825 So. 2d 475· Fla. 4th DCA· 2002-08-14
• Connelly v. Fla. Parole Comm'n & Michael W. Moore
  826 So. 2d 432· Fla. 1st DCA· 2002-08-14
  Michael Connelly sought certiorari review of a circuit court order addressing his habeas corpus petition challenging revocation of his conditional release. The appellate court denied the petition because the order neither granted nor denied relief on the merits, making it non-rev
• Welsch v. State
  823 So. 2d 310· Fla. 2d DCA· 2002-08-14
  Charles Welsch appealed the circuit court's denial of his habeas corpus petition challenging the Florida Parole Commission's suspension of his presumptive parole release date (PPRD). The appellate court converted the appeal to a certiorari petition and granted relief, finding tha
• Santiago v. State
  832 So. 2d 783· Fla. 4th DCA· 2002-07-31
  William Garcia Santiago petitioned for relief for ineffective assistance of appellate counsel in his direct appeal of a cocaine trafficking conviction. The Fourth District Court of Appeal denied the petition, finding that Santiago failed to establish that his appellate counsel's
• del Campo v. Spears
  840 So. 2d 259· Fla. 3d DCA· 2002-07-30
  The court held that the petition for writ of habeas corpus must be granted because the petitioner has no other assets to pay the purge amount after his car was sold.
• Carter v. State
  821 So. 2d 1162· Fla. 4th DCA· 2002-07-17 ·via Writ Of Habeas Corpus
  The court dismissed the appeal and sanctioned the petitioner for violating a prior order prohibiting pro se filings of time-barred or previously resolved issues.
• J.S.C. v. Dep't OF Child. & Families
  820 So. 2d 441· Fla. 5th DCA· 2002-07-05
  The court held that an interested person has standing to file a motion for change of placement for a dependent child. The court treated the habeas corpus petition as a petition for writ of mandamus.
• Alea v. Worley
  821 So. 2d 1149· Fla. 4th DCA· 2002-07-03
• Craig v. State
  820 So. 2d 1005· Fla. 5th DCA· 2002-06-28
  Robert Craig appeals the denial of his Rule 3.850 motion for postconviction relief seeking a new trial based on allegedly newly discovered evidence. The court affirmed the denial, finding that Craig's claims were not truly newly discovered and that he had received ample due proce
• Lundy v. Lundy
  819 So. 2d 991· Fla. 1st DCA· 2002-06-27 ·via Writ Of Habeas Corpus
• Ross v. Moore
  817 So. 2d 1017· Fla. 2d DCA· 2002-05-31 ·via Habeas Corpus Petition
  Dwight Ross seeks certiorari review of a circuit court's denial of his habeas corpus petition seeking prison time credit under Florida's overcrowding statutes. The appellate court holds that Ross has stated a valid claim and remands for the trial court to determine as a factual m
• Mosley v. State
  820 So. 2d 395· Fla. 5th DCA· 2002-05-31
  The court held that the trial court erred in denying Mosley's petition for a writ of habeas corpus because his readjudication of guilt for prior offenses was a legal nullity, rendering him ineligible for conditional release.
• Gorman v. Fla. Parole Comm'n
  817 So. 2d 940· Fla. 1st DCA· 2002-05-22
• Tymenski v. State
  816 So. 2d 814· Fla. 5th DCA· 2002-05-17
  The court held that a signed waiver of extradition as a condition of parole is determinative and allows for extradition without strict adherence to all statutory formalities for a governor's warrant.
• Brown. v. State
  816 So. 2d 785· Fla. 5th DCA· 2002-05-10
  The court held that the petition for writ of habeas corpus was untimely filed.
• Chance v. State
  815 So. 2d 701· Fla. 4th DCA· 2002-04-17
  The court granted a belated appeal and affirmed the order denying post-conviction relief.
• Meyer v. Moore
  826 So. 2d 330· Fla. 2d DCA· 2002-04-03
  Jack Meyer, a Kansas inmate transferred to Florida to serve his life sentence under the Interstate Corrections Compact, sought habeas corpus relief requesting return to Kansas. The court denied his petition for writ of certiorari, holding that Florida courts lack jurisdiction ove
• Moore v. State
  813 So. 2d 201· Fla. 5th DCA· 2002-03-28
  The Fifth District Court of Appeal denied Moore's habeas corpus petition for lack of jurisdiction, holding that such petitions must be filed in the appellate district where the trial occurred, not where the defendant is incarcerated.
• Yeager v. State
  809 So. 2d 913· Fla. 5th DCA· 2002-03-15 ·via Writ Of Habeas Corpus
• Wilson v. Moore
  193 F. Supp. 2d 1290· S.D. Fla.· 2002-03-06
  A state court's conviction for criminal contempt based on a letter critical of a judge, using a standard less stringent than the federal 'clear and present danger' test, is an unreasonable application of clearly established federal law.
• Al Najjar v. Ashcroft
  186 F. Supp. 2d 1235· S.D. Fla.· 2002-02-19
  The court held that the Attorney General has discretion to detain an alien for six months following a final deportation order, and the petitioner's detention during this period is presumed lawful. The court also found that the conditions of confinement did not violate the Fifth A
• Havlicek v. State
  804 So. 2d 601· Fla. 5th DCA· 2002-01-18
  Havlicek petitioned for certiorari review of a circuit court's denial of his habeas corpus petition, challenging the Department of Corrections' authority to forfeit gain time both through disciplinary action and following his criminal conviction for the same escape. The court den
• Robbins v. State
  813 So. 2d 960· Fla. 2d DCA· 2002-01-09
  Gene Reed Robbins petitioned for a new appeal after his direct appeal counsel failed to argue that his written sentence did not conform to his oral pronouncement and that he was entitled to reconsideration of his minimum mandatory sentence under State v. Hudson. The court granted
• Delroy Gibson v. Fla. Parole Comm'n
  801 So. 2d 286· Fla. 4th DCA· 2001-12-12
  The court held that a parolee returned to Florida's jurisdiction is entitled to a hearing on a parole violation, even if previously held in federal custody.
• Freeman v. J.S. Petrosky
  798 So. 2d 816· Fla. 1st DCA· 2001-10-26
• Scott v. State
  820 So. 2d 321· Fla. 5th DCA· 2001-10-26
  The court held that a petition for writ of habeas corpus was properly denied because the claims were untimely, successive, and should have been raised on direct appeal.
• Librun Jean Henriquez v. State
  796 So. 2d 648· Fla. 3d DCA· 2001-10-25 ·via Writ Of Habeas Corpus
  The court held that the petitioner is entitled to immediate discharge from custody based on the trial court's actions following a prior remand.
• Pradel Lucas v. Moore
  798 So. 2d 41· Fla. 4th DCA· 2001-10-17
  The Fourth District Court of Appeal transferred a habeas corpus appeal back to the Second District because it lacked jurisdiction to review orders from the Tenth Judicial Circuit trial court, regardless of the ineffective assistance of counsel claim involved.
• Hennessey v. State
  795 So. 2d 1126· Fla. 5th DCA· 2001-10-05 ·via Writ Of Habeas Corpus
  The court held that the trial court erred by failing to grant credit for time previously served in jail when imposing a new sentence after a violation of community control.
• Burkhart v. Jenne
  814 So. 2d 1064· Fla. 4th DCA· 2001-09-28
  Petitioner Burkhart, arrested on a South Carolina warrant for money laundering, challenged a bail condition requiring him to surrender to South Carolina officials within twenty days. The Florida Fourth District Court of Appeal held that such a condition was invalid because it cir
• DeGROAT v. Moore
  794 So. 2d 693· Fla. 1st DCA· 2001-09-11
• Richardson v. State
  792 So. 2d 647· Fla. 3d DCA· 2001-08-29 ·via Writ Of Habeas Corpus
  Henry Richardson petitioned for a writ of habeas corpus claiming his attorney failed to pursue an appeal as requested and that his plea was involuntary due to lack of notice of enhancement. The court denied the habeas petition without prejudice but remanded the ineffective assist
• Clark v. State
  793 So. 2d 135· Fla. 2d DCA· 2001-08-22 ·via Writ Of Habeas Corpus
• Sanders v. Moore
  156 F. Supp. 2d 1301· M.D. Fla.· 2001-08-14
  The court held that the admission of John Barrett's statements to his wife, Paula Barrett, violated the Petitioner's Sixth Amendment right of confrontation because the statements were not made by a co-conspirator during and in furtherance of the conspiracy.
• Joiner v. State
  790 So. 2d 1211· Fla. 2d DCA· 2001-08-03 ·via Writ Of Habeas Corpus