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

• Maguna-Celaya v. Haro
  19 F. Supp. 2d 1337· S.D. Fla.· 1998-08-28
  The court held that the magistrate erred in certifying extradition because the evidence of torture and coerced statements, which obliterated probable cause, should have been fully considered.
• In the Interest of A.W. v. State
  718 So. 2d 236· Fla. 2d DCA· 1998-08-21
  Maternal grandparents challenged the Broward County circuit court's jurisdiction over a dependency proceeding, arguing that Polk County retained exclusive jurisdiction after initially granting them custody in a suspended adoption case. The appellate court denied writs of prohibit
• Carter v. State
  713 So. 2d 1103· Fla. 4th DCA· 1998-07-22 ·via Habeas Corpus Petition
• LeBLANC v. State
  713 So. 2d 1064· Fla. 1st DCA· 1998-07-09
  Court grants mandamus relief to compel trial court to issue final disposition on defendant's motion to correct illegal sentence after trial court issued only a preliminary order.
• Noel v. United States
  1998 WL 414016· M.D. Fla.· 1998-07-06
  The court held that the Magistrate Judge had jurisdiction, the offense was within the treaty, there was evidence warranting probable cause, the extradition statute is constitutional, the Magistrate Judge had authority to preside, and recusal was not warranted.
• Haye v. State
  713 So. 2d 1061· Fla. 5th DCA· 1998-07-02 ·via Writ Of Habeas Corpus
  Howard Haye petitioned for a writ of habeas corpus to file a belated appeal, claiming his appellate counsel was ineffective for failing to raise certain trial errors on direct appeal. The Florida District Court of Appeal denied the petition, holding that Haye's ineffective assist
• Shoan Brooks v. Fla. Parole Comm'n
  714 So. 2d 1095· Fla. 5th DCA· 1998-06-26
  Shoan Brooks, an inmate, appealed the denial of his habeas corpus petition challenging the retroactive application of a 1996 statutory amendment that allegedly cancelled his control release credits. The appellate court affirmed the denial, holding that mandamus—not habeas corpus—
• Blount v. Singletary
  711 So. 2d 645· Fla. 1st DCA· 1998-06-22 ·via Writ Of Habeas Corpus
• N.E.W. v. Portesy
  712 So. 2d 1158· Fla. 2d DCA· 1998-06-12
  Two juveniles petitioned for habeas corpus after being detained based on a Department of Juvenile Justice policy that scored prior delinquent offenses as new charges on a Risk Assessment Instrument despite having no statutory authority. The court granted the habeas corpus petitio
• D.M., Sr. v. Glover
  711 So. 2d 259· Fla. 1st DCA· 1998-06-04
  Habeas corpus petition granted because trial court failed to make a finding of present ability to pay before imposing consecutive jail terms for civil contempt.
• Cole v. State
  714 So. 2d 479· Fla. 2d DCA· 1998-06-01
  Steven Cole was convicted of indirect criminal contempt for violating a court order for involuntary substance abuse treatment under the Marchman Act. The Florida Second District Court of Appeal quashed his conviction and sentence, finding the treatment order void for lack of subj
• C.S. v. Manning
  713 So. 2d 1026· Fla. 3d DCA· 1998-05-28
  The court granted the writ of habeas corpus, finding the mother's imprisonment unjustified and reminding the trial judge of the necessity for express authority before imprisoning a citizen.
• Donovan Daley v. State
  710 So. 2d 757· Fla. 4th DCA· 1998-05-27
• Menefee v. State
  710 So. 2d 227· Fla. 2d DCA· 1998-05-15 ·via Habeas Corpus Petition
  The appellate court affirmed the trial court's denial of a motion to restore appellate rights, finding the trial court lacked jurisdiction.
• Berthold v. State
  709 So. 2d 207· Fla. 5th DCA· 1998-05-15 ·via Writ Of Habeas Corpus
• Boyette v. Fla. Parole Comm'n
  708 So. 2d 349· Fla. 1st DCA· 1998-04-22
• E.P.H., Jr. v. Wright
  708 So. 2d 673· Fla. 4th DCA· 1998-04-08 ·via Writ Of Habeas Corpus
• Sims v. State
  740 So. 2d 1· Fla. 1st DCA· 1998-03-30
• Sonny M. Steel v. Jenne
  710 So. 2d 993· Fla. 4th DCA· 1998-03-27 ·via Writ Of Habeas Corpus
• Walker v. State
  707 So. 2d 1179· Fla. 5th DCA· 1998-03-20 ·via Writ Of Habeas Corpus
  Walker petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise on appeal that the trial court erred in clearing the courtroom during minor victims' testimony in his sexual battery case. The court denied the petition, holding that
• Steele v. Kehoe
  724 So. 2d 1192· Fla. 5th DCA· 1998-03-20
  This case concerns whether a convicted criminal may sue their privately retained lawyer for malpractice when the lawyer agrees to file a timely motion for collateral relief but fails to do so.
• E.M.M. v. Dept. OF Child. & Families
  706 So. 2d 953· Fla. 1st DCA· 1998-03-18
• S.J.J. v. Gnat
  707 So. 2d 393· Fla. 1st DCA· 1998-02-27
  Juvenile charged with second-degree felony drug possession near school qualifies for release from detention because he lacks prior criminal record and does not meet statutory criteria for pre-adjudication detention under Florida law.
• Beene v. Singletary
  706 So. 2d 125· Fla. 1st DCA· 1998-02-26 ·via Writ Of Habeas Corpus
• Richardson v. Reno
  994 F. Supp. 1466· S.D. Fla.· 1998-02-13
  The court held that it has jurisdiction to review the denial of a bond hearing for a lawful permanent resident and that the 'arriving alien' designation, as interpreted by the BIA, does not apply to him.
• Trotter v. State
  705 So. 2d 1029· Fla. 2d DCA· 1998-02-06
  Robert Earl Trotter appealed his convictions and sentences for multiple sexual battery, robbery, burglary, and kidnapping offenses. The court affirmed his convictions but reversed and remanded his sentences because he was improperly sentenced as a habitual offender for sexual bat
• Brunskill v. State
  704 So. 2d 211· Fla. 5th DCA· 1998-01-16
  Brunskill, a death row inmate convicted in 1986 of first-degree murder, kidnapping, and false imprisonment, sought a writ of mandamus or habeas corpus to compel disclosure of state attorney files and other records. The appellate court denied the petition without prejudice, findin
• Hill v. Fla. Dep't OF Corr.
  703 So. 2d 1211· Fla. 1st DCA· 1997-12-31 ·via Writ Of Habeas Corpus
• Samuels v. State
  701 So. 2d 916· Fla. 4th DCA· 1997-12-03 ·via Writ Of Habeas Corpus
• Maximo Gomez v. McCAMPBELL
  701 So. 2d 412· Fla. 4th DCA· 1997-11-12
  Maximo Gomez, charged with kidnapping, carjacking, and robbery, petitioned for a writ of habeas corpus after the trial court denied his motion to set bond. The Fourth District Court of Appeal granted the petition, holding that the trial court erred in denying bond where the state
• J.B. v. State
  700 So. 2d 188· Fla. 4th DCA· 1997-10-15
• Carter v. State
  699 So. 2d 771· Fla. 5th DCA· 1997-09-12
  The court held that the defendant is not entitled to habeas corpus relief from his habitual offender sentence under Young v. State because his case is final.
• Manso v. Patrick
  121 F. Supp. 862· S.D. Fla.· 1997-09-09
  The court held that the Parole Commission's interpretation of the special parole statute, allowing a violator to be reparoled to the remainder of the original special parole term, is reasonable and entitled to deference.
• Kalvin Denny v. Singletary
  697 So. 2d 1309· Fla. 4th DCA· 1997-08-20 ·via Writ Of Habeas Corpus
• Efrim Chappell v. State
  696 So. 2d 1366· Fla. 5th DCA· 1997-07-25
  The court held that a commissioner should be appointed to resolve the factual dispute regarding whether the petitioner requested his trial counsel to file an appeal.
• Militello v. Bardell
  104 F. Supp. 819· M.D. Fla.· 1997-07-10
• Robinson v. Singletary
  695 So. 2d 795· Fla. 1st DCA· 1997-06-28
• Leath v. State
  694 So. 2d 855· Fla. 4th DCA· 1997-06-04 ·via Habeas Corpus Relief
  Willie Leath appealed an order denying his post-conviction motion for leave to file a belated appeal from his community control revocation and prison sentence. The court granted the state's motion for rehearing, withdrew its prior opinion, and remanded for an evidentiary hearing
• Jenkins v. Williams
  693 So. 2d 132· Fla. 1st DCA· 1997-05-14
  The court reversed the trial court's summary denial of a habeas corpus petition for withheld gain time, holding that the petition sufficiently identified the type of gain time claimed by reference to the applicable administrative rule.
• C.H. v. The Honorable Robert Makemson & Robert Peterson
  692 So. 2d 302· Fla. 4th DCA· 1997-04-30 ·via Writ Of Habeas Corpus
  The court held that the trial court exceeded its statutory authority by ordering ten days of secure detention for a subsequent violation of home detention conditions.
• Larsen v. State of Fla. & Harry K. Singletary
  693 So. 2d 53· Fla. 4th DCA· 1997-04-02 ·via Habeas Corpus Petition
  Glenn Allen Larsen sought habeas corpus relief claiming his appellate counsel was ineffective because his co-defendant's sentence was reversed on the same sentencing issue while Larsen's conviction and sentence were affirmed without opinion. The court denied the petition, finding
• In the Interest of K.K. v. Taylor
  703 So. 2d 1064· Fla. 2d DCA· 1997-02-05
  The court held that a juvenile cannot be held in secure detention pending a dispositional hearing based solely on a provision in a risk assessment instrument that governs pre-adjudicatory detention, absent new evidence or changed circumstances.
• Owens v. Singletary
  687 So. 2d 1298· Fla.· 1996-12-19
  Florida Supreme Court denied habeas corpus petition where inmate sought release based on claim that a sentence reduction order was illegal, holding that having jointly stipulated to the reduction and been released based on it, he cannot now challenge its legality, and any subsequ
• Threadgill v. State
  683 So. 2d 171· Fla. 5th DCA· 1996-11-08 ·via Writ Of Habeas Corpus
• Kidwell v. McCutcheon
  962 F. Supp. 1477· S.D. Fla.· 1996-10-30
  The court held that the petitioner had set forth a colorable cause for invoking federal jurisdiction, granting habeas corpus relief due to uncertainty in state law and clarity in federal law regarding journalist privilege.
• Bush v. State
  682 So. 2d 85· Fla.· 1996-10-16
  John Earl Bush appeals the denial of his rule 3.850 postconviction motion and seeks stay of his third death warrant for the 1982 murder of Frances Slater. The Florida Supreme Court affirms the denial of postconviction relief and rejects Bush's arguments regarding disproportionate
• T.B. v. Wright
  679 So. 2d 82· Fla. 4th DCA· 1996-09-12 ·via Writ Of Habeas Corpus
  A juvenile petitioner challenges her detention beyond the statutory 21-day limit prior to adjudication on burglary charges. The court granted the habeas corpus petition, holding that prior criminal record and perceived danger to the community do not constitute 'good cause' under
• Velasco v. Horgan
  85 F.3d 520· 11th Cir.· 1996-06-10
  Frank Velasco appealed the denial of his habeas corpus petition challenging his detention and removal to New York, but the Court of Appeals for the Eleventh Circuit dismissed the appeal as moot because Velasco had been removed to the Southern District of New York, depriving the F
• S.W. v. Woolsey
  673 So. 2d 152· Fla. 1st DCA· 1996-05-14
  A juvenile charged with battery on a school board employee was found delinquent and placed in secure detention pending disposition. The court held that the trial court improperly relied on the finding of delinquency as a 'changed circumstance' to increase the Risk Assessment Inst
• Morgan v. Singletary
  669 So. 2d 1126· Fla. 4th DCA· 1996-03-20