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

• Woody v. Fla. Parole Comm'n & Fla. Dep't of Corr.
  752 So. 2d 1273· Fla. 4th DCA· 2000-03-15
  The trial court erred in dismissing the habeas corpus petition for lack of jurisdiction, and should have transferred the case to the appropriate court.
• Desmond Newkirk v. Jenne
  754 So. 2d 61· Fla. 4th DCA· 2000-03-01
  The Florida Fourth District Court of Appeal granted a writ of habeas corpus for Desmond Newkirk, who was held in custody without a valid probation violation warrant or affidavit. The court clarified that circuit courts have concurrent jurisdiction to grant habeas relief in their
• Nevadomski v. Jenne
  756 So. 2d 117· Fla. 4th DCA· 2000-01-14
  The appellate court granted a petition for writ of habeas corpus, finding that a judge improperly revoked a defendant's bond. The court held that new information presented to the second judge did not warrant revocation because the information was already known to the initial judg
• V.P. As Father of T.P. v. Dep't OF Child. & Families
  746 So. 2d 590· Fla. 5th DCA· 1999-12-23 ·via Habeas Corpus Relief
  The court affirmed an order awarding supplemental benefits to an employee who suffered a work-related permanent total disability, rejecting the employer's contention that benefits should be capped at the employee's average weekly wage at the time of the accident.
• Adolphus S. Ashley v. Moore
  746 So. 2d 584· Fla. 1st DCA· 1999-12-22 ·via Habeas Corpus Petition
  Ashley petitioned for habeas corpus challenging the Florida Department of Corrections' failure to respond to his formal grievances. The court granted certiorari, quashed the denial order, and remanded, finding that Ashley made a prima facie showing for mandamus relief and that DO
• James v. State
  747 So. 2d 461· Fla. 2d DCA· 1999-12-22
  In an Anders appeal, the Second District affirmed the trial court's denial of James's Rule 3.850 post-conviction motion. The court declined to address James's claim of ineffective assistance of post-conviction counsel because it was not first presented to the trial court, but per
• Menendez v. State
  746 So. 2d 543· Fla. 5th DCA· 1999-12-10
  The appellate court affirmed the summary denial of the habeas corpus petition, finding the trial court had jurisdiction and the order was not void or illegal.
• Griffin v. State
  767 So. 2d 467· Fla. 3d DCA· 1999-12-08
  Kenny Griffin, a prisoner, filed a habeas corpus petition claiming ineffective assistance of appellate counsel. The State challenged the petition as untimely filed. The court held that Griffin's sworn assertion of timely mailing entitled him to an evidentiary hearing to prove tim
• Palmer Williamson v. Moore
  745 So. 2d 529· Fla. 1st DCA· 1999-12-08 ·via Writ Of Habeas Corpus
• Bower v. Fla. Parole Comm'n
  744 So. 2d 1267· Fla. 3d DCA· 1999-12-08 ·via Writ Of Habeas Corpus
• Amendment TO Fla. Rules OF App. Procedure-Rule 9.100(g)
  760 So. 2d 74· Fla.· 1999-11-24
  The Florida Supreme Court amended Florida Rule of Appellate Procedure 9.100(g), (j), and (k) to impose page limits on original writ petitions, responses, and replies, limiting petitions and responses to 50 pages and replies to 15 pages, following a prior direction to the Appellat
• Thomas v. Singletary
  751 So. 2d 66· Fla. 2d DCA· 1999-11-17
  Kevin Thomas petitioned for habeas corpus relief claiming his appellate counsel was ineffective for failing to challenge habitual offender enhancements imposed on his life felony convictions. The Florida Second District Court of Appeal agreed, finding that life felonies were not
• Justo Loret de Mola v. Singletary
  742 So. 2d 865· Fla. 3d DCA· 1999-11-03
  Justo Loret de Mola sought a writ of habeas corpus challenging his conviction and sentence, alleging ineffective assistance of counsel. The court granted his petition in part, allowing a belated appeal on his ineffective assistance claim regarding the voluntary dismissal of his o
• Phillips v. State
  745 So. 2d 417· Fla. 1st DCA· 1999-10-29 ·via Writ Of Habeas Corpus
• Montgomery v. Jenne
  744 So. 2d 1148· Fla. 4th DCA· 1999-10-28
  A trial court cannot sua sponte increase a defendant's bond without notice or a showing of good cause and new information not available to the committing magistrate.
• Adolphus S. Ashley v. Moore
  742 So. 2d 533· Fla. 1st DCA· 1999-10-20
  Adolphus Ashley challenged the trial court's denial of his habeas corpus petition by appealing to the appellate court, which converted the appeal to a certiorari petition. The court dismissed the petition for lack of jurisdiction because Ashley failed to timely serve his motion f
• Brown v. State
  745 So. 2d 1013· Fla. 5th DCA· 1999-10-07
• Gottlieb v. GC Fin. Corp.
  1992 WL 59025· S.D. Fla.· 1999-10-07
• Dunbar v. State
  741 So. 2d 1197· Fla. 4th DCA· 1999-09-22
• Steverson v. Singletary
  741 So. 2d 1161· Fla. 2d DCA· 1999-09-08
  The court held that the petitioner failed to show prejudice from his appellate counsel's alleged ineffectiveness because the relief he sought was already granted in a prior appeal.
• Breedlove v. Moore
  74 F. Supp. 2d 1226· S.D. Fla.· 1999-09-08
  The court held that the Antiterrorism and Effective Death Penalty Act (AEDPA) applies to the habeas petition, the petition is timely, and the state court's adjudication of the Brady violation claim was not contrary to or an unreasonable application of federal law.
• Jacques Valcin v. State
  739 So. 2d 1272· Fla. 3d DCA· 1999-09-01
• Lowery v. Broward Cnty. Sheriff
  742 So. 2d 389· Fla. 4th DCA· 1999-08-25 ·via Writ Of Habeas Corpus
• Bruno v. Moore
  741 So. 2d 570· Fla. 1st DCA· 1999-08-20
  Keith Bruno challenges the parole commission's revocation of his control release while he remained under concurrent community control supervision. The court holds that the parole commission violated statutory requirements by revoking control release before the community control t
• Lapushinsky v. Campbell
  738 So. 2d 514· Fla. 1st DCA· 1999-08-17 ·via Writ Of Habeas Corpus
• Pinto v. State
  737 So. 2d 1239· Fla. 5th DCA· 1999-08-06 ·via Writ Of Habeas Corpus
• Short v. State
  738 So. 2d 1005· Fla. 3d DCA· 1999-08-04
  The court held that the defendant's claims were procedurally barred as successive or untimely, and that he should be barred from filing further postconviction pleadings challenging his convictions.
• Parrimon v. State
  736 So. 2d 152· Fla. 2d DCA· 1999-07-07
• Hill v. State
  739 So. 2d 634· Fla. 4th DCA· 1999-07-07 ·via Writ Of Habeas Corpus
  Angela Hill, detained on a violation of probation charge since June 1, 1999 without a first appearance or bond hearing, petitioned for a writ of habeas corpus. The Florida Fourth District Court of Appeal granted the petition, holding that statutory and procedural requirements for
• Willis v. State
  736 So. 2d 723· Fla. 2d DCA· 1999-06-16
  Harold Ray Willis appeals a trial court's order denying his habeas corpus petition and imposing sanctions, including a bar on pro se filings and recommended forfeiture of gain time. The appellate court affirmed the denial of the habeas petition but reversed the premature impositi
• Rogers v. Moore
  736 So. 2d 715· Fla. 1st DCA· 1999-06-09
  Gerald Rogers sought certiorari review of a circuit court's denial of his habeas corpus petition. Rogers claimed that the Department of Corrections violated the ex post facto clause by failing to apply provisional credits to his revoked probation sentence. The court quashed the l
• Abdul M. Bilal v. State
  732 So. 2d 1210· Fla. 1st DCA· 1999-06-02
  The court held that the petitioner is not entitled to a belated appeal because he did not instruct his attorney to file one.
• Adolphus S. Ashley v. Moore
  732 So. 2d 498· Fla. 1st DCA· 1999-05-27
• Steele v. State
  733 So. 2d 1117· Fla. 4th DCA· 1999-05-26 ·via Writ Of Habeas Corpus
  The court affirmed the denial of appellant's motion for credit for time served because the 1996 sentencing order properly directed the Department of Corrections to award such credit, and the appellant may pursue mandamus relief after exhausting administrative remedies.
• Blackwelder v. Vedder
  734 So. 2d 523· Fla. 5th DCA· 1999-05-21 ·via Writ Of Habeas Corpus
  Benjamin Blackwelder challenged his civil contempt incarceration for nonpayment of alimony, arguing he lacked the present ability to pay the purge amount. The court granted his habeas corpus petition, finding the trial court erred in ordering his jail commitment because he met hi
• Robinson v. State
  728 So. 2d 1218· Fla. 5th DCA· 1999-03-26
  The court held that the appellant is not barred from raising his ex post facto claim due to a newly recognized constitutional right, and that the case should be remanded for a determination on the merits.
• Price v. Hon. Diane Matousek
  727 So. 2d 1119· Fla. 5th DCA· 1999-03-12 ·via Habeas Corpus Petition
• McARTHUR v. State
  730 So. 2d 333· Fla. 5th DCA· 1999-03-05 ·via Habeas Corpus Petition
  Florida appellate court affirmed denial of habeas corpus, holding that the legislature may constitutionally distinguish between completed and attempted sexual battery for purposes of gain time eligibility.
• Strange v. State
  732 So. 2d 1117· Fla. 5th DCA· 1999-02-19
• Hudson v. State of Fla. & Harry K. Singletary, Jr.
  730 So. 2d 320· Fla. 1st DCA· 1999-02-15
  David Hudson petitioned for habeas corpus, arguing his appellate counsel was ineffective for failing to challenge his drug trafficking and conspiracy convictions on grounds of insufficient evidence. The court granted the petition, finding counsel failed to raise an argument that
• Pettway v. State
  725 So. 2d 428· Fla. 2d DCA· 1999-02-03
  John Everett Pettway appealed the trial court's denial of his motion to correct an illegal sentence. The appellate court affirmed the denial and found that Pettway had abused the appellate process by filing seventeen successive appeals and petitions relating to the same convictio
• Turner v. Singletary
  46 F. Supp. 2d 1238· N.D. Fla.· 1999-01-26
  The court held that a pro se prisoner's petition for writ of habeas corpus is not deemed filed until it is received by the clerk of court, and mailing it on the last day of the limitation period does not constitute timely filing. Furthermore, the court found that the petitioner h
• Raulerson v. State
  724 So. 2d 641· Fla. 4th DCA· 1999-01-06
  A defendant's conviction was affirmed by one panel of the appellate court, but a co-defendant's nearly identical conviction was reversed by a different panel on the same legal issue due to court administrative error. The court granted the defendant's petition for habeas corpus an
• G.T. v. Adoption OF A.E.T.
  725 So. 2d 404· Fla. 4th DCA· 1999-01-05 ·via Habeas Corpus Petition
  In this case of first impression in Florida, the Fourth District Court of Appeal affirmed a trial court's finding that both biological parents abandoned their minor child and thus their consent to adoption could be excused. The court rejected the father's argument that his mistak
• Rodriguez v. Reno
  164 F.3d 575· 11th Cir.· 1999-01-04 ·via Habeas Corpus Jurisdiction
  Ernesto Alonso Mejia Rodriguez, a Honduran national, challenged his 1994 deportation order through a § 2241 habeas corpus petition after his state drug conviction was vacated in 1997 on ineffective assistance of counsel grounds. The Eleventh Circuit affirmed the district court's
• Dorn v. Singletary
  1998 U.S. Dist. LEXIS 17834· M.D. Fla.· 1998-11-06 ·via Petition For Writ Of Habeas Corpus
  The federal court denied Petitioner's habeas corpus petition, finding all grounds procedurally barred or without merit.
• Mason v. State
  721 So. 2d 355· Fla. 2d DCA· 1998-10-23
• Smith v. State
  720 So. 2d 577· Fla. 5th DCA· 1998-10-09 ·via Writ Of Habeas Corpus
• Toole v. State
  717 So. 2d 183· Fla. 1st DCA· 1998-09-17 ·via Writ Of Habeas Corpus
• Acencion Medrano v. State
  719 So. 2d 15· Fla. 4th DCA· 1998-09-09
  A Florida appellate court reviewed a pro se habeas petition seeking permission to file a belated post-conviction relief motion due to allegedly ineffective assistance of private counsel who failed to timely file the motion as retained. The court denied the petition as premature,