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

• T.O. v. Alachua Reg'l Juv. Detention Ctr.
  668 So. 2d 243· Fla. 1st DCA· 1996-02-15
  The court held that it had jurisdiction to grant a writ of habeas corpus for a juvenile detained beyond the statutory limit, even though the detention order originated from a different circuit, because the detaining party was within its territorial jurisdiction.
• Ashley v. Singletary
  666 So. 2d 186· Fla. 1st DCA· 1995-12-18
  James D. Ashley appealed the denial of his habeas corpus/mandamus petition challenging the Department of Corrections' structuring of his multiple sentences. The court reversed and remanded for reconsideration in light of the intervening Orosz v. Singletary decision, which affecte
• White v. Singletary
  70 F.3d 1198· 11th Cir.· 1995-12-03
  Jerry White, a death row inmate scheduled for execution, sought a certificate of probable cause and stay of execution in his second federal habeas petition, raising claims of ineffective assistance of counsel, Brady violations, denial of clemency investigation files, and lack of
• Pettway v. State
  662 So. 2d 1349· Fla. 2d DCA· 1995-11-17
• Friedland v. State of Fla. Dep't OF Health & Rehabilitative Servs.
  661 So. 2d 1286· Fla. 4th DCA· 1995-11-01
  The Florida appellate court reversed the trial court's dismissal of a dependency petition and held that the trial court retained jurisdiction to enforce the dismissal order requiring the return of a child placed in shelter care. The decision establishes that courts have inherent
• T.A. v. Wimberly
  660 So. 2d 1130· Fla. 4th DCA· 1995-09-06 ·via Writ Of Habeas Corpus
  T.A., a juvenile adjudicated delinquent for carrying a concealed firearm, challenges his immediate 5-day secure detention imposed under Florida Statutes section 790.22(9). The court holds that mandatory detention under this statute must be imposed at a formal disposition hearing
• Collins v. Honorable Bob Anderson Mitcham
  660 So. 2d 347· Fla. 2d DCA· 1995-09-01 ·via Writ Of Habeas Corpus
  The court held that the trial court's denial of post-conviction relief was insufficient and that the petitioner should be granted a belated appeal.
• Bolender v. Singletary
  898 F. Supp. 876· S.D. Fla.· 1995-07-17
  The court held that the petitioner's claims were procedurally barred as an abuse of the writ and successive petition, and he failed to demonstrate cause and prejudice or actual innocence to overcome these bars.
• Grubbs v. Singletary
  809 F. Supp. 860· M.D. Fla.· 1995-07-11
  The court held that the petitioner's appellate counsel's Anders brief violated the petitioner's Sixth Amendment rights by failing to advocate for arguable grounds for appeal, entitling him to a new appeal.
• Louth v. Mariellen Williams
  657 So. 2d 1239· Fla. 2d DCA· 1995-07-07 ·via Writ Of Habeas Corpus
  James Robert Louth challenges a trial court order awarding attorney's fees to his former wife, Mariellen Williams, for services rendered in defending a motion for rehearing. The court reverses the attorney's fee award, finding it was error to award fees when Williams was defendin
• O'Neal v. State
  657 So. 2d 930· Fla. 4th DCA· 1995-07-05
• Bruce v. State
  656 So. 2d 557· Fla. 5th DCA· 1995-06-18 ·via Writ Of Habeas Corpus
  Gary Bruce challenges a contempt of court order requiring him to complete remodeling work as part of a marriage dissolution settlement. The court grants his habeas corpus petition, finding that the contempt order was fatally defective because it did not clearly specify what acts
• Gerry Fennell v. Felton
  655 So. 2d 1316· Fla. 3d DCA· 1995-06-14
  In a habeas corpus petition, the court addressed whether a civil contempt order for failure to pay child support was properly imposed when the trial court failed to make an affirmative finding that the petitioner had the ability to satisfy the $1,000 purge condition. The court gr
• Johnson v. Singletary
  883 F. Supp. 1535· M.D. Fla.· 1995-04-26
  The court held that the petitioner's claims regarding sufficiency of evidence for multiple attempted murder counts and sentencing errors were either procedurally defaulted, without merit, or not cognizable in federal habeas corpus review.
• Robertson v. Hodges
  798 F. Supp. 634· M.D. Fla.· 1995-04-25
  The court held that a state law sentencing issue does not provide a basis for federal habeas corpus relief, and the petitioner's ex post facto claim was without merit as gain time was not forfeited under the challenged statute.
• Keller v. State
  652 So. 2d 1278· Fla. 5th DCA· 1995-04-13 ·via Habeas Corpus Petition
• Holloway v. Franklin
  652 So. 2d 1217· Fla. 1st DCA· 1995-04-04
  Holloway was sentenced to 179 days in jail for contempt of a domestic violence injunction with a condition that he receive no good or gain time. The court granted his habeas corpus petition, holding that a sentencing judge lacks authority to preclude a defendant from receiving ga
• Guzman v. State
  651 So. 2d 1320· Fla. 5th DCA· 1995-03-31 ·via Writ Of Habeas Corpus
• Benjamin v. Singletary
  651 So. 2d 830· Fla. 1st DCA· 1995-03-17 ·via Writ Of Habeas Corpus
• Planes v. Felton
  650 So. 2d 1091· Fla. 3d DCA· 1995-02-22 ·via Writ Of Habeas Corpus
  William Planes was convicted of issuing a worthless check and placed on probation with a restitution requirement of $30,962.40. He petitioned for habeas corpus after being jailed for failure to make restitution payments without a hearing to determine his ability to pay. The court
• Renard Daniels v. State
  650 So. 2d 226· Fla. 5th DCA· 1995-02-17
  Petitioner's habeas corpus petition is granted because the state conceded he was deprived of his right to appellate review by the state's failure to provide appellate counsel timely, and his appeal is reinstated for proper appellate proceedings.
• Smith v. State
  650 So. 2d 1056· Fla. 2d DCA· 1995-02-10
  Smith petitioned for habeas corpus review of a circuit court order denying his motion for posttrial release, which involved a $5,000 bond set after his sentencing for DUI probation violation. The appellate court converted the petition to a request for common-law certiorari and de
• Wisniewski v. State
  650 So. 2d 188· Fla. 1st DCA· 1995-02-09
  Florida court affirmed dismissal of habeas petition seeking removal of Colorado detainer, holding that relief must be sought in Colorado under the Interstate Agreement on Detainers.
• Washington v. State
  649 So. 2d 348· Fla. 5th DCA· 1995-02-03
  The court held that appellate counsel was ineffective for failing to raise the issue of consecutive habitual offender sentences for offenses arising from a single criminal episode, as prohibited by Hale v. State.
• Moorehead v. Singletary
  645 So. 2d 187· Fla. 3d DCA· 1994-12-07 ·via Writ Of Habeas Corpus
  Moorehead sought habeas corpus relief based on ineffective assistance of appellate counsel. The state conceded that appellate counsel failed to raise a meritorious double jeopardy argument regarding one conviction, and the court granted relief by vacating that conviction while af
• In re the Adoption OF Baby E.A.W. G.W.B. v. J.S.W. and M.F.W.
  647 So. 2d 918· Fla. 4th DCA· 1994-11-30 ·via Habeas Corpus Petition
  This case concerns whether an unmarried birth father abandoned his child born out of wedlock, thereby making the child available for adoption without his consent. The trial court initially found no abandonment, but on rehearing reversed itself and found abandonment based on the f
• Scott v. Singletary
  870 F. Supp. 328· S.D. Fla.· 1994-11-07
  The court held that a recent appellate decision did not overrule prior precedent, and therefore did not constitute an extraordinary circumstance justifying relief from a final judgment under Rule 60(b)(6).
• In the Interest of S.A.M. v. Bessette
  641 So. 2d 948· Fla. 2d DCA· 1994-09-02
  A juvenile detained on grand theft charges petitioned for habeas corpus, alleging illegal detention in violation of Florida law. The court agreed that the detention was unsupported by the risk assessment instrument and the statutory detention criteria, and granted the writ of hab
• Jordan v. Singletary
  641 So. 2d 491· Fla. 2d DCA· 1994-08-19
  Larry Robert Jordan petitioned for habeas corpus alleging illegal detention due to lack of notice of postconviction decisions and claims of ineffective assistance of counsel regarding his guilty plea and sentencing on robbery charges. The court denied the petition, finding that J
• In the Interest of C.L.
  638 So. 2d 993· Fla. 4th DCA· 1994-06-15 ·via Writ Of Habeas Corpus
  The Fourth District Court of Appeal granted a petition for habeas corpus and ordered the release of a juvenile charged with grand theft auto who was detained pretrial without sufficient statutory grounds. The trial court lacked authority to order detention because the state faile
• Diaz v. Singletary
  637 So. 2d 358· Fla. 1st DCA· 1994-06-01 ·via Writ Of Habeas Corpus
• Newsome v. Singletary
  637 So. 2d 9· Fla. 2d DCA· 1994-05-06 ·via Application For Writ Of Habeas Corpus
  Prisoner Newsome appealed the dismissal of his habeas corpus and rule 1.630 application challenging a DOC disciplinary action. The court reversed, holding that Newsome's claim was not an untimely complaint for common law certiorari, and that different remedies apply depending on
• C.W.P. v. State
  633 So. 2d 1192· Fla. 5th DCA· 1994-03-25
  A Florida appellate court granted a habeas corpus petition and ordered the immediate release of a juvenile who was unlawfully detained in secure custody. The court found that the lower court failed to comply with statutory requirements for secure detention of juveniles by not mak
• Hedrick v. Fla. Hosp. Med. Ctr.
  633 So. 2d 1153· Fla. 5th DCA· 1994-03-18
  David Hedrick appealed the denial of his habeas corpus petition challenging his involuntary commitment for mental health examination. The court reversed, holding that the evidence did not establish the statutory requirement of a real and present threat of substantial harm to his
• Domingo Alvarez v. Felton
  639 So. 2d 994· Fla. 3d DCA· 1994-03-15
  The court held that the trial judge did not abuse discretion by imposing house arrest as a condition of pretrial release.
• Burns v. Hodges
  629 So. 2d 324· Fla. 2d DCA· 1993-12-29 ·via Habeas Corpus Petition
  The trial court erred by failing to consider the applicable Florida Administrative Code rule for control release violation hearings when determining the need for appointed counsel.
• Flowers v. State
  627 So. 2d 1340· Fla. 5th DCA· 1993-12-17 ·via Writ Of Habeas Corpus
• Soler v. Singletary
  629 So. 2d 248· Fla. 3d DCA· 1993-12-14 ·via Writ Of Habeas Corpus
  The court held that the claims raised in the motion for postconviction relief and the petition for writ of habeas corpus were either legally insufficient or procedurally barred.
• Hernandez v. Dugger
  839 F. Supp. 849· M.D. Fla.· 1993-12-08
  The court granted the state's motion for a stay pending appeal, allowing the petitioner to remain incarcerated, despite the grant of a writ of habeas corpus.
• Macks v. Clinton
  733 F. Supp. 78· M.D. Fla.· 1993-11-13 ·via Federal Habeas Corpus
• Burton v. Felton
  625 So. 2d 1334· Fla. 3d DCA· 1993-11-10
• In the Interest of T.D.
  623 So. 2d 851· Fla. 1st DCA· 1993-09-10
  A Florida appellate court dismissed a mother's appeal of a parental rights termination order as untimely. The notice of appeal was filed 35 days after the final order, exceeding the 30-day deadline, and the trial court lacked authority to extend the filing deadline.
• Quinn v. Crowder
  625 So. 2d 1247· Fla. 4th DCA· 1993-09-07
  A Florida appellate court granted a habeas corpus petition challenging a $50,000 bond as excessive for a defendant charged with DUI and failure to appear. The court found the bond violated the defendant's right to pretrial release on reasonable conditions and remanded for the tri
• Wigfals v. Singletary
  624 So. 2d 320· Fla. 2d DCA· 1993-09-03
  Wigfals petitioned for habeas corpus claiming ineffective assistance of appellate counsel for failing to challenge an upward sentencing departure based on habitual offender status. The court denied the petition, holding that appellate counsel was not ineffective because the law a
• Knox v. Collins
  999 F.2d 824· 5th Cir.· 1993-08-23
  The phrase 'reasonable time' in a habeas corpus mandate vests the district court with broad discretion to determine the retrial schedule, not a fixed period like 90 days.
• Singletary v. Christa Graham
  622 So. 2d 634· Fla. 4th DCA· 1993-08-18
  This appeal concerns whether an inmate sentenced to a three-year mandatory minimum for firearm possession is eligible for provisional gain-time credits. The Florida Fourth District Court of Appeal reversed the trial court's grant of habeas corpus, holding that the inmate was stat
• Russell v. Collins
  998 F.2d 1287· 5th Cir.· 1993-08-13
  The court held that the petitioner's mitigating evidence was either cognizable under the Texas special issues, barred by non-retroactivity, or not constitutionally relevant, and that the jury had sufficient evidence to infer individual culpability, thus affirming the denial of th
• Callins v. Collins
  998 F.2d 269· 5th Cir.· 1993-08-06
  The court affirmed the denial of the petition for writ of habeas corpus, finding no error in the district court's findings of fact and conclusions of law.
• Tunstall v. Singletary
  622 So. 2d 530· Fla. 1st DCA· 1993-07-28
  Stanley Tunstall appeals the denial of his habeas corpus petition challenging the validity of his parole and parole revocation. The court reversed, finding that the trial court failed to address whether Tunstall's sentences would have expired prior to his parole under the proper
• Hockett v. Duckworth
  999 F.2d 1160· 7th Cir.· 1993-07-26
  The court held that the district court did not err in denying the habeas petition without an evidentiary hearing, as the state court post-conviction proceedings adequately addressed the ineffective assistance of counsel claim.