Habeas Corpus

18,793 Florida cases classified under this topic, plus 3,112 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• State ex rel. Bhagwan Gyanee v. McCreary
  116 Fla. 74· Fla.· 1934-06-01
  The court reviewed a habeas corpus case where the petitioner was held for violating a city ordinance. The court found the charge in the warrant was too vague to constitute a violation of the ordinance, thus reversing the lower court's decision.
• Williams v. Stoutamire
  114 Fla. 68· Fla.· 1934-02-22
  In this habeas corpus proceeding, the Florida Supreme Court denied the prisoner's request for discharge but granted his motion for a reduction of bail, setting bail at $100 with cash collateral. The court found sufficient probable cause to hold Williams but agreed to the reductio
• Leonard v. Sweat
  114 Fla. 60· Fla.· 1934-02-21
  This case addresses whether Florida's 1933 motor vehicle weight restrictions (Chapter 16085) apply to trucks operating under certificates issued under the 1931 common carrier statute (Chapter 14764). The Florida Supreme Court held that the specialized regulatory scheme in Chapter
• State v. Mayo
  113 Fla. 757· Fla.· 1934-01-18
  James Connell challenged his conviction for larceny via habeas corpus, arguing the judgment was void because it convicted him of stealing a heifer while the verdict charged him with stealing a steer. The Florida Supreme Court held that this variance was not fatal because the two
• Craig v. Noel
  112 Fla. 522· Fla.· 1933-10-30
  In this habeas corpus case, the Florida Supreme Court held that a Municipal Court's judgment convicting F. G. Craig of lottery/gambling violations was legally deficient because it lacked a specific adjudication of guilt as required by law, consisting only of a verdict and sentenc
• Lehman v. Gear
  109 Fla. 552· Fla.· 1933-04-25 ·via Habeas Corpus Review
  The Florida Supreme Court affirmed a lower court's decision to discharge a defendant from custody via habeas corpus. The court found the information charging the defendant was legally insufficient, failing to allege an offense under state law regarding motor vehicle licensing.
• Baumgartner v. Spencer
  108 Fla. 602· Fla.· 1933-03-09
  Baumgartner seeks habeas corpus relief challenging a 60-day jail sentence for contempt. The Florida Supreme Court holds that the original judgment is valid despite alleged ambiguity in the dates, and that a subsequent circuit court order attempting to re-impose the sentence lacks
• In re Petition of Angelo D 'Allesandro
  106 Fla. 673· Fla.· 1932-09-14
  Angelo D'Alessandro petitioned for habeas corpus relief from a conviction for possession of intoxicating liquor as a first offense. The Florida Supreme Court held that while the underlying sentence was valid, the additional six-month imprisonment imposed for failure to pay the fi
• McCloud v. Cassady
  104 Fla. 241· Fla.· 1932-02-16
  The Florida Supreme Court reversed a lower court's decision regarding appellate procedures for misdemeanor convictions from Justice of the Peace courts. The court clarified that a 1919 act did not repeal prior statutes governing such appeals.
• Hyde v. Lehman
  99 Fla. 1228· Fla.· 1930-05-30
  The Florida Supreme Court reviewed a lower court's denial of bail for defendants indicted for first-degree murder. The appellate court found the evidence warranted bail and reversed the lower court's decision.
• State v. Baker
  99 Fla. 1219· Fla.· 1930-05-28
  Florida Supreme Court reversed a circuit court order denying habeas corpus relief to a fugitive from justice detainee whose lawful detention period had expired. The sheriff's authority to hold the petitioner ended on December 9, 1929, but the circuit court extended his detention
• In re Fagg
  99 Fla. 1117· Fla.· 1930-05-15
  In this habeas corpus proceeding, the Florida Supreme Court held that a trial court lacked authority to award attorney fees to a former wife in a post-divorce support petition for a minor child, and therefore ordered the discharge of Chris Fagg who had been jailed for contempt of
• Mrs. F. K. Smith v. McClelland
  99 Fla. 362· Fla.· 1930-02-14
  This case involves a habeas corpus petition challenging a criminal libel charge. The court found the information fatally defective for failing to properly allege the elements of criminal libel, specifically publication and the nature of the alleged harm.
• Ex parte Crosby
  99 Fla. 238· Fla.· 1929-12-11
  A. A. Crosby petitioned the Florida Supreme Court for a writ of error to review a circuit court order denying his habeas corpus petition challenging his detention under two trespass warrants. The court issued the writ and, upon reviewing the record, found probable cause for the c
• Hardisty v. Hardisty
  98 Fla. 64· Fla.· 1929-06-22
  The Florida Supreme Court affirmed a lower court's decision to grant a father's petition for habeas corpus but ultimately remand custody of a child to the mother. The court reiterated that while fathers have prima facie custody rights, the child's best interests are paramount.
• Ray v. State
  97 Fla. 617· Fla.· 1929-04-22
  Laurie Ray challenged his conviction and sentence via habeas corpus after pleading guilty to carrying a concealed pistol and public drunkenness. The Florida Supreme Court affirmed that while his drunkenness conviction was void, his habeas corpus petition was premature because his
• State v. Steele
  96 Fla. 362· Fla.· 1928-07-31
  Claude Hall was arrested for illegally taking fish from salt waters in Okaloosa County. The Florida Supreme Court reversed his detention because the special statute authorizing the arrest was repealed by a subsequent general statute before his arrest occurred.
• Root v. Mizell
  95 Fla. 979· Fla.· 1928-05-30
  Root was arrested for possessing milk for sale without a permit under a city ordinance. The Florida Supreme Court reversed his conviction and ordered his discharge, finding that the ordinance's provision charging $25/month for inspections of dairies beyond five miles from the cit
• Ex parte Roberts
  S.D. Fla.· 1926-01-09 ·via Habeas Corpus Jurisdiction
  Federal district court denied habeas corpus petitions from state prisoners, holding that federal courts lack authority to issue such writs absent exceptional circumstances of peculiar urgency.
• Donegan v. Dyson
  S.D. Fla.· 1924-07-25
  A district court held that a Circuit Judge appointed under the Commerce Court Act retained jurisdiction to preside over district court proceedings even after the Commerce Court was abolished, and therefore the petitioner's conviction was valid.
• Flowers v. Merritt
  86 Fla. 143· Fla.· 1923-07-11
  A habeas corpus petition sought the release of Leo McGowan from custody pending trial on a murder charge. After the circuit court denied the writ, McGowan was subsequently indicted, tried, convicted of murder in the first degree, and sentenced to life imprisonment, rendering the
• Hyman v. R. M. Dillon as Chief of Police of the City of Miami
  79 Fla. 673· Fla.· 1920-05-03
  The Florida Supreme Court reversed a habeas corpus judgment and ordered the discharge of H. H. Hyman, manager of the Miami Water Company, who had been convicted and imprisoned for supplying water without a Board of Health permit. The court held that Hyman, as an individual office
• Curry v. Osborne
  75 Fla. 85· Fla.· 1918-01-17
  The Florida Supreme Court denied a motion to amend or supplement the bill of exceptions in a habeas corpus proceeding, holding that bills of exceptions cannot be amended by certiorari in the appellate court and any amendments must be made in the trial court before appellate proce
• Stephens v. Anderson
  75 Fla. 577· Fla.· 1918-01-01
  The court denied a petition for rehearing in a habeas corpus case. The petitioner was convicted of violating a city ordinance but failed to present the ordinance to the court as evidence. The court held that city ordinances are not judicially noticed and must be presented as evid
• Coleman v. Geo. W. Fisher
  68 Fla. 56· Fla.· 1914-07-08
  Eddie Coleman challenged his conviction for aggravated assault, claiming the trial judge was disqualified because he was a law partner with the State Attorney and counsel to the County Commissioners. The Florida Supreme Court affirmed the conviction, holding that the judge's priv
• Galloway v. Strauss
  67 Fla. 426· Fla.· 1914-05-11
  The Florida Supreme Court held that a liquor dealer's establishment with separate service areas for white and colored customers, but operated as a single enterprise with one cash register and bartender, constitutes only one place of business under Florida's 1913 liquor license st
• City of Live Oak v. Jackson
  66 Fla. 374· Fla.· 1913-11-25 ·via Habeas Corpus Review
  The court reviewed a habeas corpus case where a defendant was convicted under a city ordinance prohibiting the sale of alcohol. The defendant argued the ordinance was void because it didn't state that a local election had prohibited alcohol sales. The appellate court reversed the
• Floyd v. Bell
  62 Fla. 50· Fla.· 1911-06-01
  The Florida Supreme Court affirmed a lower court's decision to remand George Floyd to custody for failing to work public roads. The court found that even if a special road law was unconstitutional, Floyd's actions were still punishable under general state laws.
• Acker v. Willock L. Bell
  62 Fla. 108· Fla.· 1911-06-01
  The Florida Supreme Court held that a minor over eighteen years old may validly enlist in the Florida National Guard without parental consent, distinguishing between state militia service and federal military service, where parental consent is required by federal law. The court r
• Moeller v. Elise Stocker
  61 Fla. 342· Fla.· 1911-01-01
  The Florida Supreme Court dismissed a writ of error in a habeas corpus case concerning child custody due to a lack of jurisdiction over the defendant in error. The court found that proper legal procedures, such as issuing and serving a scire facias, were not followed, and the wri
• Ex Parte v. Saunders
  56 Fla. 100· Fla.· 1908-06-01
  This case reviews a city ordinance that prohibited the sale of liquor after 9 PM and on Sundays. The court held that the city had the authority to enact such an ordinance, finding it was a reasonable regulation and not in conflict with state law.
• Belch v. Manning
  55 Fla. 233· Fla.· 1908-01-01
  The Florida Supreme Court affirmed a lower court's decision to discharge a minor from a state reform school. The court found the commitment order insufficient because it lacked a specific finding of incorrigible and vicious conduct as required by statute.
• King v. Daniel
  11 Fla. 91· Fla.· 1865-01-01
  This case involves the interpretation of a Confederate military conscription exemption for ministers of religion. The court held that Edward L. King, an ordained local preacher in the Methodist Episcopal Church, South, qualified for exemption from military service under the Febru
• Clark v. Gautier
  8 Fla. 360· Fla.· 1859-01-01 ·via Writ Of Habeas Corpus
  This 1859 Florida Supreme Court case addresses whether a person of color claiming freedom can challenge his enslavement through a writ of habeas corpus. The court holds that habeas corpus is an inappropriate remedy in contested slavery cases and reverses the lower court's dischar