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

• Fla. Dep't OF Corr. v. Davis
  789 So. 2d 1220· Fla. 1st DCA· 2001-07-24
  The Florida Department of Corrections petitioned for certiorari to review a circuit court's grant of habeas corpus relief to Jesse Davis regarding his release date calculation. The appellate court granted the petition, finding the circuit court improperly granted the habeas petit
• Darrin Godwin v. State
  788 So. 2d 1137· Fla. 5th DCA· 2001-07-13 ·via Writ Of Habeas Corpus
  The court held that the state's response did not resolve the factual dispute regarding the defendant's receipt of the order and the timeliness of an appeal.
• Tamera Simpson v. Campbell
  791 So. 2d 496· Fla. 1st DCA· 2001-06-26
  Tamera Simpson petitioned for a writ of habeas corpus after being convicted of simple battery and denied bail pending post-trial proceedings. The court granted relief, finding that the trial judge abused its discretion by applying a blanket policy requiring immediate jailing of c
• United States v. Adomako
  150 F. Supp. 2d 1302· M.D. Fla.· 2001-06-14
  The court held that it has jurisdiction to determine the release or detention of a deportable alien pending criminal proceedings, notwithstanding administrative detention orders by the INS.
• Reynolds v. State of Fla. & Ken Jenne
  792 So. 2d 524· Fla. 4th DCA· 2001-06-06
  Reynolds seeks habeas corpus relief from a civil contempt order remanding him to jail for non-payment of child support. The court found that while the trial court may have determined Reynolds's ability to pay, the order lacked the affirmative finding and factual basis required by
• Martin v. Sheriff Edward Bieluch
  786 So. 2d 1229· Fla. 4th DCA· 2001-06-06 ·via Writ Of Habeas Corpus
  The law firm appealed a partial summary judgment in favor of the McAlpins, who were represented by the firm in a California lawsuit. The trial court found the McAlpins were not obligated to pay the firm, but the appellate court affirmed on some theories and reversed on others.
• Durden v. Briody
  787 So. 2d 260· Fla. 2d DCA· 2001-05-25
  Charles Durden, a sexually violent predator civilly committed under the Jimmy Ryce Act, petitioned for habeas corpus relief and mandamus, claiming he was not being properly segregated from non-committed patients as required by statute. The appellate court denied both petitions, h
• Moore v. State
  784 So. 2d 617· Fla. 5th DCA· 2001-05-18
  Moore petitioned the Florida Supreme Court for relief from her appointed counsel, claiming he lied in court and failed to obtain handwriting comparison evidence. The Supreme Court transferred the petition to the Fifth District Court of Appeal, which denied the writ of habeas corp
• Johnston v. Moore
  789 So. 2d 262· Fla.· 2001-04-12 ·via Writ Of Habeas Corpus
  David Eugene Johnston, a death row inmate, petitioned for habeas corpus claiming the Florida Supreme Court applied an incorrect standard of review to his ineffective assistance of counsel claim in a prior decision. The court denied the petition, holding that Stephens v. State did
• Thomas v. Moore
  797 So. 2d 1196· Fla.· 2001-04-05
  The Department may forfeit control release credits upon probation revocation if the offense occurred after October 1, 1989, and the Commission may deny credit for time spent on control release if probation was revoked due to new offenses.
• Hamilton v. Moore
  782 So. 2d 485· Fla. 1st DCA· 2001-03-27 ·via Writ Of Habeas Corpus
• Brown v. Kathleen Kearney/Secretary
  778 So. 2d 541· Fla. 3d DCA· 2001-03-13 ·via Writ Of Habeas Corpus
  The court held that the trial court's order for involuntary hospitalization was improper because it departed from statutory requirements regarding less restrictive treatment alternatives.
• JOE v. Moore
  787 So. 2d 55· Fla. 2d DCA· 2001-02-23 ·via Writ Of Habeas Corpus
• Edwards v. State
  792 So. 2d 495· Fla. 4th DCA· 2001-02-21
• Prevatt v. State
  776 So. 2d 1114· Fla. 5th DCA· 2001-02-09 ·via Writ Of Habeas Corpus
  The petition for a writ of habeas corpus is dismissed because the petitioner cannot simultaneously be represented by counsel and elect self-representation, and because he failed to seek a bail reduction in the trial court first.
• Boyd v. Jenne
  791 So. 2d 15· Fla. 4th DCA· 2001-02-07 ·via Writ Of Habeas Corpus
  Boyd petitioned for habeas corpus relief after his bond was set at twice the scheduled amount for a refiled charge without notice at a status conference. The court granted the petition in part, finding that while the trial court had discretion to set a new bond on the refiled cha
• Odom v. State
  776 So. 2d 1032· Fla. 1st DCA· 2001-01-31 ·via Writ Of Habeas Corpus
• McCLAIN v. Moore
  775 So. 2d 1003· Fla. 1st DCA· 2001-01-10 ·via Writ Of Habeas Corpus
• MacK v. Singletary
  142 F. Supp. 2d 1369· S.D. Fla.· 2001-01-03
  The court held that the trial court did not err in denying the motion to substitute counsel or the motion for continuance, and that the petitioner's other claims lacked merit.
• Carthane v. Crosby
  776 So. 2d 964· Fla. 1st DCA· 2000-12-22
  Vincent Carthane appeals the denial of his habeas corpus petition seeking release from Florida State Prison. The court affirmed the trial court's denial, holding that Carthane's arguments based on statutory interpretation lack merit and that further exhaustion of administrative r
• Rowe v. State
  777 So. 2d 1010· Fla. 1st DCA· 2000-12-21
  Joseph Rowe sought enforcement of an appellate mandate directing the circuit court to treat his habeas corpus petition as a mandamus petition. The circuit court dismissed the petition for noncompliance with statutory filing fee requirements, which this court found improper given
• Librun Jean Henriquez v. State
  791 So. 2d 2· Fla. 3d DCA· 2000-12-13
  Librun Jean Henriquez appealed his convictions and sentences from six circuit court cases, raising claims regarding gain time calculations, double jeopardy violations, and consecutive versus concurrent sentencing. The Third District affirmed all convictions and sentences while im
• Fuller v. Becker & Poliakoff
  1995 WL 256262· M.D. Fla.· 2000-11-09
• Allen v. Fla. Dep't of Child. & Fam. Servs.
  770 So. 2d 261· Fla. 4th DCA· 2000-11-01
• Lykins v. State
  770 So. 2d 240· Fla. 1st DCA· 2000-10-26
  The court dismissed an untimely appeal and denied a petition for belated appeal, directing the petitioner to seek relief from judgment in the trial court under Florida Rule of Civil Procedure 1.540(b).
• AMENDMENT TO FLA. RULE OF CRIM. PROCEDURE 3.850
  779 So. 2d 1290· Fla.· 2000-10-19
  The Florida Supreme Court amended Rule of Criminal Procedure 3.850 to clarify who may seek post-conviction relief by expanding the rule's applicability beyond those with traditional convictions and sentences to include defendants whose adjudication was withheld and who were place
• Issac v. State
  767 So. 2d 1280· Fla. 5th DCA· 2000-10-06
  Michael Issac appeals the summary denial of his seventh post-conviction motion seeking collateral relief from his armed burglary and aggravated battery convictions. The court affirmed the denial, finding the claim barred as successive and repetitive, and warned Issac against fili
• J.S. v. Monta Clemons
  769 So. 2d 1099· Fla. 2d DCA· 2000-09-29
• Cothron v. State
  767 So. 2d 623· Fla. 5th DCA· 2000-09-22
• Maxwell v. State
  766 So. 2d 1221· Fla. 1st DCA· 2000-09-21
  A writ of habeas corpus is granted to allow a belated appeal from an order denying post-conviction relief when counsel did not receive timely notice of the order.
• Kendrick v. Secretary Michael Moore
  767 So. 2d 1261· Fla. 1st DCA· 2000-09-21
  The court reversed the dismissal of a habeas corpus petition challenging Close Management Level I placement because the petitioner had exhausted his administrative remedies regarding the CMI status grievance, contrary to the lower court's finding.
• Thacker v. Singletary
  145 F. Supp. 2d 1332· S.D. Fla.· 2000-09-19 ·via Federal Habeas Corpus
  The court held that the petitioner's federal habeas corpus claim was not procedurally defaulted because the state courts did not clearly and expressly state that their judgment rested on a state procedural bar for the specific motion filed.
• Rolling v. State
  767 So. 2d 570· Fla. 3d DCA· 2000-09-06
  Court grants rehearing and remands for evidentiary hearing on whether defendant may file a belated Rule 3.850 motion based on ineffective assistance of appellate counsel and lack of access to counsel while incarcerated out of state.
• Marusak v. State
  789 So. 2d 1015· Fla. 2d DCA· 2000-08-30
• Culberhouse v. State
  765 So. 2d 906· Fla. 5th DCA· 2000-08-25
  Culberhouse appealed the denial of his habeas corpus petition challenging his criminal conviction. The court affirmed the trial court's dismissal, holding that habeas corpus was an improper procedural vehicle, but clarified that Culberhouse could seek relief through a Rule 3.800
• Williams v. Florida
  109 F. Supp. 2d 1372· S.D. Fla.· 2000-08-23
  The petition for a writ of habeas corpus is denied because the petitioner failed to present evidence of systematic exclusion or purposeful discrimination in jury selection and the presumption of regularity attaches to the conviction.
• Hodges v. State
  765 So. 2d 887· Fla. 3d DCA· 2000-08-23
  The court held that a sentence imposed under unapproved sentencing guidelines must be reversed and remanded for resentencing under the applicable guidelines.
• Demetrio R. Gabriele v. State
  764 So. 2d 924· Fla. 4th DCA· 2000-08-16 ·via Writ Of Habeas Corpus
• Garcia v. State
  764 So. 2d 821· Fla. 4th DCA· 2000-07-26 ·via Writ Of Habeas Corpus
• Fraley v. State
  762 So. 2d 549· Fla. 3d DCA· 2000-06-28 ·via Writ Of Habeas Corpus
  Ronnie Fraley appeals the denial of his motion for postconviction relief and petitions for habeas corpus, arguing his attempted murder convictions should be set aside because attempted first degree felony murder was abolished by State v. Gray. The court holds that Fraley's convic
• St. Germain v. Isenhower
  98 F. Supp. 2d 1366· S.D. Fla.· 2000-05-30
  Claims brought under 42 U.S.C. § 1983 are dismissed because they would necessarily imply the invalidity of the plaintiff's convictions, which have not been overturned. The one claim not barred by Heck fails to state a claim upon which relief can be granted.
• S.M.F. v. Needle
  757 So. 2d 1265· Fla. 4th DCA· 2000-05-24
  A juvenile petitioned for habeas corpus relief after her involuntary substance abuse treatment order expired by its own terms without a renewal petition being filed. The court held that the 60-day treatment period does not commence until actual treatment begins, not from the date
• R.A. v. State
  756 So. 2d 1115· Fla. 3d DCA· 2000-05-10 ·via Writ Of Habeas Corpus
  Trial court properly imposed thirty days of home detention as a special condition of community control for a juvenile who entered a nolo contendere plea to armed burglary, and the petition for habeas corpus is denied.
• Harry v. State
  758 So. 2d 1187· Fla. 2d DCA· 2000-05-10
  Florida appellate court reversed the circuit court's denial of habeas corpus petition because section 57.085 does not apply to habeas corpus petitions and the Florida Constitution guarantees habeas corpus freely and without cost.
• Sanders v. State
  756 So. 2d 236· Fla. 3d DCA· 2000-04-26
  Charles Sanders, convicted in 1972 of capital rape and sentenced to life imprisonment, petitioned for a writ of mandamus (treated as certiorari) seeking an effective parole release date. The Florida District Court of Appeal affirmed the Parole Commission's discretion to suspend h
• Scott v. State
  757 So. 2d 574· Fla. 4th DCA· 2000-04-26
  Scott appeals denial of postconviction relief claiming ineffective assistance of trial counsel for failing to object to a jury instruction on false imprisonment. The court affirms, holding that the trial court's instruction was correct because the 1993 statutory amendment elimina
• Barron v. Moore
  754 So. 2d 893· Fla. 1st DCA· 2000-04-20
  Michael Barron appealed the dismissal of his habeas corpus petition challenging the Department of Corrections' deduction of gain time. The court reversed and remanded, finding that Barron's habeas petition raised a different issue than his earlier mandamus petition and thus was n
• Thomas v. Jenne
  766 So. 2d 320· Fla. 4th DCA· 2000-03-29 ·via Writ Of Habeas Corpus
  The appellate court denied the petition for writ of habeas corpus seeking to quash the trial court's order denying bond.
• Lopez-Morgan v. Reno
  1992 WL 64603· S.D. Fla.· 2000-03-23
  The court held that it has subject matter jurisdiction to hear the habeas corpus petition and that the AEDPA was improperly applied retroactively to the petitioner's waiver application.
• Smith v. State
  752 So. 2d 1280· Fla. 1st DCA· 2000-03-17 ·via Writ Of Habeas Corpus