Petition For Writ Of Habeas Corpus

7,506 Florida cases classified under this topic, plus 5,490 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• People of the United States Ex rel. Reno v. Ragen
  151 F.2d 447· 7th Cir.· 1945-10-24 ·cited 8×·via Application For Writ Of Habeas Corpus
  The court held that the State of Illinois had the right to return the petitioner involuntarily to serve his sentence.
• Carter v. Johnston
  145 F.2d 882· 9th Cir.· 1944-12-06 ·cited 8×
  The court held that the statutory language 'not less than 10 years, or by death if the jury directs' allows for sentences exceeding ten years, with judicial discretion for terms beyond the minimum.
• Ex parte Duncan. Kahanamoku v. Duncan. Ex parte White. Steer
  146 F.2d 576· 9th Cir.· 1944-11-01 ·cited 8×
  The court held that the proclamation of February 8, 1943, did not terminate the suspension of the writ of habeas corpus, and changed conditions did not automatically restore the privilege, thus the trial court erred in ordering the release of appellees.
• Klinkner v. Squier
  144 F.2d 490· 9th Cir.· 1944-08-11 ·cited 8×
  The court held that a letter indicating release from parole supervision, issued under a misapprehension of facts, does not preclude revocation of parole if the parolee committed a crime during the parole period.
• Mason v. Webb
  142 F.2d 584· 9th Cir.· 1944-04-14 ·cited 8×·via Writ Of Habeas Corpus
  A federal court should not entertain a habeas corpus petition from a state prisoner unless all state remedies, including appellate remedies, have been exhausted, and the case presents exceptional circumstances of peculiar urgency.
• Stroud v. Johnston
  139 F.2d 171· 9th Cir.· 1943-12-10 ·cited 8×
  The court held that the appellant's petition for a writ of habeas corpus lacked merit and affirmed the lower court's dismissal.
• Slaughter v. Wright
  135 F.2d 613· 4th Cir.· 1943-05-07 ·cited 8×·via Writ Of Habeas Corpus
  The court held that the district judge did not abuse his discretion in denying a writ of habeas corpus without a hearing, as the petition itself did not demonstrate entitlement to the writ.
• O'Connell ex rel. Kwong HAN FOO v. Ward
  126 F.2d 615· 1st Cir.· 1942-03-10 ·cited 8×
  The court held that discrepancies in the alleged father's prior statements regarding the relator's birth date constituted substantial evidence, and the Board's exclusion order based on this evidence did not deny the relator a fair hearing or due process.
• State v. Mayo
  113 Fla. 746· Fla.· 1934-01-15 ·cited 8×·via Habeas Corpus Proceedings
  This habeas corpus case examines the legality of a five-year prison sentence for pleading guilty to "assault with intent to commit manslaughter." The court determined the sentence was legal under state statutes governing assaults with intent to commit felonies.
• Futch v. State
  101 Fla. 328· Fla.· 1931-04-25 ·cited 8×·via Habeas Corpus Proceedings
  L. M. Futch, Jr. was convicted of unlawfully withholding support from his minor children and sentenced to a fine or six months imprisonment, with the sentence suspended upon giving a bond conditioned on monthly child support payments of $40. On habeas corpus, Futch challenged the
• Goff v. Rickerson
  61 Fla. 29· Fla.· 1911-01-01 ·cited 8×·via Habeas Corpus Proceedings
  J. L. Goff challenged his felony conviction in habeas corpus proceedings by arguing that the Criminal Court of Record for Suwannee County was established by an unconstitutional act due to improper legislative journal entries. The Florida Supreme Court affirmed the validity of the
• Patterson v. Isham Taylor as Jailer
  51 Fla. 275· Fla.· 1906-01-01 ·cited 8×·via Habeas Corpus Proceedings
  Andrew Patterson challenged his detention under a Jacksonville city ordinance requiring racial segregation on streetcars. The Florida Supreme Court upheld the ordinance as a valid exercise of the city's police powers under its charter and rejected Patterson's equal protection cha
• Barton A. Thrasher v. State
  26 Fla. 526· Fla.· 1890-06-01 ·cited 8×·via Habeas Corpus Proceedings
  Barton Thrasher sought a writ of error to challenge the Circuit Court's denial of bail in a murder prosecution. The Florida Supreme Court affirmed the denial, establishing that bail should be refused in capital cases only when the evidence is sufficiently strong that a judge woul
• Kayle B. Bates v. State of Fla. & Kayle B. Bates v. Sec'y
  416 So. 3d 312· Fla.· 2025-08-12 ·cited 7×
  Kayle Bates, convicted of first-degree murder in 1982 and sentenced to death over forty years ago, filed his fourth successive motion for postconviction relief challenging his conviction and sentence. The Florida Supreme Court affirmed the circuit court's denial of all claims, fi
• Carruth v. Comm'r, Ala. Dep't of Corr.
  93 F.4th 1338· 11th Cir.· 2024-03-01 ·cited 7×
  Michael David Carruth, convicted of four counts of first-degree murder and other crimes in Alabama, sought federal habeas corpus relief on six grounds, including claims of ineffective assistance of trial and appellate counsel, prosecutorial misconduct, and jury misconduct. The El
• Hodges v. State
  327 So. 3d 923· Fla. 3d DCA· 2021-09-29 ·cited 7×·via Writ Of Habeas Corpus
  Brian Hodges petitions for writs of prohibition and habeas corpus challenging a pretrial detention order and judicial disqualification. The Third District Court of Appeal affirms the trial court's pretrial detention order, finding that the charges of boating under the influence m
• Sanchez-Torres v. State
  322 So. 3d 15· Fla.· 2021-05-13 ·cited 7×
  Hector Sanchez-Torres, who was sentenced to death for armed robbery and first-degree murder, challenged the denial of his post-conviction motion to vacate his conviction and death sentence and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower co
• Yancey Charles Lightner v. State
  2009 WL 2196051· Fla. 3d DCA· 2020-08-05 ·cited 7×·via Writ Of Habeas Corpus
  The court granted the State's motion to dismiss a pro se habeas corpus petition. The dismissal was based on two grounds: the petitioner was simultaneously represented by counsel in another pending appeal, and the petition's claim of manifest injustice lacked merit.
• Smart v. State
  Fla. 1st DCA· 2019-11-08 ·cited 7×·via Writ Of Habeas Corpus
• Bowles v. State of Fla. & Gary Ray Bowles v. Mark S. Inch
  276 So. 3d 791· Fla.· 2019-08-13 ·cited 7×·via Habeas Corpus Petition
  A death row inmate's intellectual disability claim raised for the first time in a successive postconviction motion is untimely and subject to summary denial where the inmate failed to raise it within 60 days of the Supreme Court's Atkins decision establishing the constitutional p
• Johnson v. State
  2017 WL 1908372· Fla. 3d DCA· 2019-01-23 ·cited 7×
  A habeas corpus petitioner cannot relitigate arguments already raised and rejected in prior petitions, and the court may issue an order to show cause regarding restrictions on successive pro se filings.
• Marshall v. State
  240 So. 3d 111· Fla. 3d DCA· 2018-02-28 ·cited 7×
  The erroneous manslaughter by act jury instruction given at trial constituted fundamental error even though the culpable negligence instruction was also given, because the evidence supported manslaughter by act but not culpable negligence and the defendant was convicted of second
• Baker v. State
  214 So. 3d 530· Fla.· 2017-03-23 ·cited 7×·via Writ Of Habeas Corpus
  Cornelius Baker, sentenced to death for murder and related crimes, appealed the denial of his post-conviction motion and filed a habeas corpus petition. The Florida Supreme Court reversed the trial court's denial of post-conviction relief regarding the constitutionality of the pe
• Vince E. Wardlow v. State
  212 So. 3d 1091· Fla. 2d DCA· 2017-03-10 ·cited 7×
  Vince Wardlow petitioned for habeas corpus challenging his second-degree murder conviction based on an erroneous jury instruction. The court granted relief, finding that denying his earlier ineffective assistance of appellate counsel petition without citation or explanation would
• State v. Dougan
  202 So. 3d 363· Fla.· 2016-10-20 ·cited 7×·via Writ Of Habeas Corpus
  The Florida Supreme Court affirmed a postconviction court's grant of a new trial for Jacob John Dougan, Jr., who was convicted of a racially motivated 1974 murder and sentenced to death. The court found that the conviction was tainted by a Giglio violation involving false testimo
• Hernandez v. State
  180 So. 3d 978· Fla.· 2015-09-17 ·cited 7×
  Michael Hernandez appealed the denial of his Rule 3.851 motion to vacate his first-degree murder conviction and death sentence, alleging ineffective assistance of trial and appellate counsel. The Florida Supreme Court affirmed the circuit court's denial of postconviction relief a
• A.M. v. State
  147 So. 3d 98· Fla. 3d DCA· 2014-08-06 ·cited 7×
  A juvenile petitioned for habeas corpus challenging his secure detention based on a robbery by sudden snatching charge being improperly classified as a violent felony. The court held that robbery by sudden snatching is not a violent third-degree felony under Florida law because t
• Mehaffie v. John Rutherford as Sheriff of Duval Cnty.
  143 So. 3d 432· Fla. 1st DCA· 2014-07-16 ·cited 7×·via Writ Of Habeas Corpus
  The dissenting justice would grant the petition for writ of habeas corpus, finding the bond amount set by the trial court to be excessive.
• Paolercio v. State
  129 So. 3d 1174· Fla. 5th DCA· 2014-01-10 ·cited 7×·via Writ Of Habeas Corpus
  Petitioner Alfonso Paolercio, found incompetent to proceed and unlikely to regain competency, was detained in jail without bond after committing a new offense while on pretrial release. The Fifth District Court of Appeal held that section 903.0471 does not authorize detention of
• Hernandez-Alberto v. State
  126 So. 3d 193· Fla.· 2013-07-03 ·cited 7×
  Pedro Hernandez-Alberto was convicted of murdering his stepdaughters and sentenced to death. On postconviction appeal, he challenged the dismissal of his unverified postconviction motion and the trial court's competency findings. The Florida Supreme Court affirmed the dismissal a
• Williams v. State
  106 So. 3d 964· Fla. 3d DCA· 2013-01-30 ·cited 7×·via Writ Of Habeas Corpus
  Donald Williams sought a writ of habeas corpus challenging his convictions for armed burglary, armed robbery, armed kidnapping, aggravated battery, and felon in possession of a firearm, arguing that two aggravated battery convictions violated double jeopardy. The Florida Third Di
• Chadwick v. State
  118 So. 3d 827· Fla. 2d DCA· 2012-08-24 ·cited 7×
  Nancy Chadwick petitioned for habeas corpus to challenge a probation violation finding, arguing that the affidavit tolling her probation was untimely filed. The court held that a criminal report affidavit can serve as a sufficient affidavit to toll probation if it contains adequa
• Delancy v. Tucker
  88 So. 3d 1036· Fla. 1st DCA· 2012-05-29 ·cited 7×
  The appellate court affirmed the dismissal of the habeas corpus petition, finding that it was not the proper remedy and the claims were procedurally barred.
• Melvee Wanel Tucker v. State
  78 So. 3d 36· Fla. 3d DCA· 2012-01-06 ·cited 7×
  A trial court lacks authority to vacate a sentence that has already been served, even if the sentence was illegal or invalid.
• Douglas v. State
  141 So. 3d 107· Fla.· 2012-01-05 ·cited 7×·via Writ Of Habeas Corpus
  Luther Douglas was convicted of the 1999 sexual battery and first-degree murder of Mary Ann Hobgood and sentenced to death. On postconviction review, the Florida Supreme Court found that trial counsel rendered deficient performance by failing to investigate and present mental hea
• Veronza L. Bowers, Jr. v. Keller
  651 F.3d 1277· 11th Cir.· 2011-08-26 ·cited 7×·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  Veronza Bowers, serving a life sentence for a 1976 murder of a U.S. Park Ranger, challenged the Parole Commission's denial of his mandatory parole eligibility after 30 years of incarceration. The Parole Commission reopened his case twice in 2005: first on February 17 to consider
• Bishop v. Sheldon
  68 So. 3d 259· Fla. 2d DCA· 2010-12-01 ·cited 7×
  William Bishop, a sexually violent predator committed under Florida's Jimmy Ryce Act, petitioned for habeas corpus release, arguing he was not in lawful custody when commitment proceedings were initiated because his resentenced sentence had expired. The appellate court held that
• Rayvon L. Boatman v. State
  39 So. 3d 391· Fla. 1st DCA· 2010-06-22 ·cited 7×·via Writ Of Habeas Corpus
  Rayvon Boatman appealed his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, arguing the trial court violated the statutory 30-day deadline for trial by granting the state an improper continuance. The court affirmed the commitment but held that Boat
• Bixler v. State
  971 So. 2d 934· Fla. 2d DCA· 2007-12-21 ·cited 7×
  Monte Bixler appealed the summary dismissal of his habeas corpus petition challenging his 1980 capital sexual battery conviction and life sentence. The court affirmed dismissal, holding that habeas relief was unavailable because adequate procedural mechanisms existed through Rule
• Sumler v. State
  958 So. 2d 1001· Fla. 1st DCA· 2007-05-25 ·cited 7×
  Sumler appeals a circuit court order denying his Motion for Relief from Order and holding he had no right to pursue a direct appeal from the denial of his habeas corpus petition. The court reverses, holding that orders denying habeas petitions are reviewable by direct appeal to t
• Hadi v. Cordero
  955 So. 2d 17· Fla. 3d DCA· 2006-12-06 ·cited 7×
  The Florida Department of Children and Families (DCF) challenged trial court orders granting mandamus petitions requiring it to transfer three mentally incompetent defendants from county jail to appropriate forensic facilities. The appellate court upheld the mandamus orders, hold
• Brown v. Crosby
  908 So. 2d 512· Fla. 1st DCA· 2005-06-23 ·cited 7×
• Brown v. State
  888 So. 2d 130· Fla. 4th DCA· 2004-11-24 ·cited 7×
  Carl Brown petitions for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise that the charging information named the victim as 'Kevin Pope' while the actual victim was 'Keith Pope.' The court denies the petition, finding no prejudice because t
• Washington v. State
  876 So. 2d 1233· Fla. 5th DCA· 2004-06-11 ·cited 7×
  A petition for habeas corpus cannot be used to collaterally attack a criminal judgment and sentence, as Florida Rule of Criminal Procedure 3.850 is the exclusive remedy. Furthermore, this petition is successive and an abuse of process.
• Richards v. State
  809 So. 2d 38· Fla. 5th DCA· 2002-02-01 ·cited 7×·via Habeas Corpus Petition
  Jason Richards seeks habeas relief, claiming his appellate counsel was ineffective for failing to raise certain arguments on direct appeal of his convictions for carjacking, robbery, kidnapping, and arson. The court denies the petition, finding Richards failed to meet the heavy b
• Johnson v. Moore
  744 So. 2d 1042· Fla. 4th DCA· 1999-08-18 ·cited 7×
• Palma v. Jenne
  763 So. 2d 359· Fla. 4th DCA· 1998-07-10 ·cited 7×
  The court held that an incarceration order for civil contempt is defective if it lacks an affirmative finding of the petitioner's present ability to pay the purge amount.
• Rocco Tricarico v. State
  711 So. 2d 624· Fla. 4th DCA· 1998-05-27 ·cited 7×·via Habeas Corpus Petition
  Rocco Tricarico was convicted of first-degree murder in 1992 for a 1981 killing, based on a jury verdict that could have rested on either premeditated murder or felony murder predicated on attempted cocaine trafficking. On post-conviction review, the court held that attempted tra
• Surdovel v. Jenne
  706 So. 2d 115· Fla. 4th DCA· 1998-02-25 ·cited 7×
  The court reversed a no-bond hold because the trial judge failed to make the statutory findings required by Florida law and did not allow the defendant to present evidence before denying bond.
• Ford v. Campbell
  697 So. 2d 1301· Fla. 1st DCA· 1997-08-19 ·cited 7×
  A defendant is not entitled to release on recognizance if they file their motion for release after the expiration of the time limit set by rule, even if the state eventually files an information before the hearing on the motion.