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

• Mendenhall v. State
  82 So. 3d 1153· Fla. 5th DCA· 2012-03-09 ·cited 6×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to argue an erroneous jury instruction on attempted manslaughter, which constituted fundamental error.
• Horton v. Grady Judd
  80 So. 3d 439· Fla. 2d DCA· 2012-02-22 ·cited 6×
  Thomas Horton, a criminal defendant adjudicated incompetent to proceed to trial, petitioned for habeas corpus challenging his involuntary commitment to a state hospital. The court granted the petition, finding that the trial court's commitment order was not supported by clear and
• Clary Jamison v. State
  73 So. 3d 317· Fla. 1st DCA· 2011-10-25 ·cited 6×
  Clary Jamison appealed the denial of his habeas corpus petition, arguing the trial court erred in finding it lacked jurisdiction because he was incarcerated in another county. The court affirmed the dismissal, treating the petition as a time-barred postconviction motion under Flo
• Maxwell v. State
  69 So. 3d 1122· Fla. 3d DCA· 2011-09-28 ·cited 6×
• Darian James v. State
  61 So. 3d 492· Fla. 2d DCA· 2011-05-27 ·cited 6×
  Darian James petitioned for relief claiming ineffective assistance of appellate counsel for failing to raise a double jeopardy claim on direct appeal. The court agreed that counsel was ineffective in not arguing that convictions for both conspiracy to commit racketeering and cons
• Williams v. State
  59 So. 3d 387· Fla. 4th DCA· 2011-05-05 ·cited 6×·via Writ Of Habeas Corpus
  Robert Williams petitioned for habeas corpus challenging his pretrial detention following a failure to appear for calendar call in a failure-to-redeliver case. The Fourth District Court of Appeal granted the petition because the trial court failed to make required findings that d
• J.M. v. Gargett
  53 So. 3d 1245· Fla. 2d DCA· 2011-02-23 ·cited 6×
  J.M., a juvenile, sought habeas corpus relief challenging consecutive placements in secure detention for two probation violations adjudicated simultaneously. The Second District Court of Appeal denied the petition, disagreeing with the Fifth District's interpretation of Florida S
• Smith v. McNEIL
  49 So. 3d 298· Fla. 1st DCA· 2010-10-25 ·cited 6×
  The trial court did not err in dismissing the petition as moot because the circumstances did not meet exceptions to the mootness doctrine.
• Jones v. Fla. Parole Comm'n
  48 So. 3d 704· Fla.· 2010-10-14 ·cited 6×
  The Florida Supreme Court resolved a certified conflict among district courts regarding whether statutory limitations under section 95.11(5)(f) apply to habeas corpus petitions filed by inmates challenging unlawful detention. The Court held that applying the statute of limitation
• Coakley v. State
  43 So. 3d 790· Fla. 1st DCA· 2010-08-10 ·cited 6×
  The appellate court affirmed the denial of a habeas corpus petition, even though the lower court incorrectly dismissed it for lack of jurisdiction. The court found that while the petition was filed in the wrong county, the issues raised could have and should have been addressed i
• Comer v. State
  997 So. 2d 440· Fla. 1st DCA· 2008-11-26 ·cited 6×
  Charles Comer received ineffective assistance of appellate counsel when his direct appeal counsel failed to raise the issue of improper jury instructions using "and/or" language in instructing the jury on assault and resisting arrest. The court granted his petition for post-convi
• Dombrowski v. Mingo
  543 F.3d 1270· 11th Cir.· 2008-10-03 ·cited 6×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Paul Dombrowski sought federal habeas relief under 28 U.S.C. § 2254, challenging a Florida sentencing court's failure to advise him of his Fifth Amendment right against self-incrimination before soliciting his admission to prior convictions for habitual offender enhancement. The
• Hernandez v. State
  990 So. 2d 1116· Fla. 3d DCA· 2008-07-23 ·cited 6×·via Writ Of Habeas Corpus
  Alberto Hernandez petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel, alleging he was denied his constitutional right to a twelve-member jury because only eleven jurors were polled after the verdict. The Florida District Court of Appeal, T
• Rubin Griffin v. State
  976 So. 2d 107· Fla. 3d DCA· 2008-03-05 ·cited 6×
  Rubin Griffin sought a writ of habeas corpus claiming ineffective assistance of trial counsel and requesting reversal of his convictions and immediate release. The Florida Third District Court of Appeal denied the petition, holding that habeas corpus is an improper vehicle for ch
• Creech v. Ryan
  972 So. 2d 1021· Fla. 3d DCA· 2008-01-10 ·cited 6×·via Writ Of Habeas Corpus
  Arthur Lee Creech petitioned for habeas corpus relief, challenging his $1,000,000 bond as excessive and illegal. The court granted the petition, finding the trial court lacked good cause to modify the bond and acted without notice to the defendant, and ordered reinstatement of th
• Grimsley v. State
  972 So. 2d 916· Fla. 5th DCA· 2007-11-30 ·cited 6×
  Kenneth Grimsley appeals the denial of his fifth rule 3.800(a) motion challenging his forty-year habitual violent felony offender sentence for robbery with a firearm. The court affirmed the denial and prohibited Grimsley from filing further pro se pleadings in the case, finding h
• Carpenter v. Fla. Parole Comm'n
  958 So. 2d 564· Fla. 2d DCA· 2007-06-20 ·cited 6×
  The court denied Carpenter's petition for certiorari challenging the revocation of his conditional release, holding that while his habeas petition was not time-barred under Florida law, the trial court did not depart from the essential requirements of law in denying relief on the
• Permenter v. State
  953 So. 2d 647· Fla. 4th DCA· 2007-03-28 ·cited 6×
  Lawrence Permenter seeks a new appeal, claiming his appellate counsel was ineffective for failing to raise as fundamental error an instructional issue regarding the 'forcible felony exception' to self-defense. The court grants the petition for a new appeal, finding the appellate
• Antoine Williams v. State
  947 So. 2d 694· Fla. 4th DCA· 2007-02-07 ·cited 6×
  In this rehearing motion case, the Fourth District Court of Appeal vacated Antoine Williams's conviction for aggravated fleeing and eluding, attempted burglary, and leaving the scene of accidents, finding that the trial court violated his Sixth Amendment Confrontation Clause righ
• Davis v. State
  943 So. 2d 975· Fla. 5th DCA· 2006-12-08 ·cited 6×·via Writ Of Habeas Corpus
  Marvin Davis, an incarcerated pro se petitioner, sought a writ of habeas corpus claiming he was entitled to immediate release because the Department of Corrections incorrectly calculated his release date. The Florida Fifth District Court of Appeal denied the petition, holding tha
• Coney v. State
  937 So. 2d 255· Fla. 3d DCA· 2006-09-06 ·cited 6×·via Writ Of Habeas Corpus
  Antonio Coney petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to challenge the timeliness of an amended probation violation affidavit filed on the hearing date. The Third District Court of Appeal denied the petition, finding
• Brimage v. State
  937 So. 2d 230· Fla. 3d DCA· 2006-09-01 ·cited 6×
  Brimage appeals the trial court's summary denial of his belated Rule 3.850 postconviction relief motion filed nearly four years after his direct appeal became final. The court reverses, holding that due process may entitle a defendant to file a belated Rule 3.850 motion if he was
• Robinson v. State
  925 So. 2d 373· Fla. 5th DCA· 2006-03-03 ·cited 6×·via Writ Of Habeas Corpus
  Robert A. Robinson petitioned for a writ of habeas corpus under the all writs provision, claiming jurisdictional defects in his criminal conviction. The Fifth District Court of Appeal dismissed the petition, finding that Robinson was attempting to bypass the trial court and raise
• T.D.S. v. State
  922 So. 2d 346· Fla. 5th DCA· 2006-02-24 ·cited 6×
  A juvenile petitioner challenges his secure detention despite a risk assessment instrument (RAI) score of zero. The court grants the habeas corpus petition, holding that Florida law requires written, clear and convincing reasons when a trial court orders placement more restrictiv
• C.D.T. v. State
  920 So. 2d 787· Fla. 5th DCA· 2006-02-16 ·cited 6×·via Writ Of Habeas Corpus
  A juvenile petitioner sought habeas corpus relief from secure detention, arguing he was unlawfully detained despite a Risk Assessment Instrument score of zero. The Florida appellate court granted the petition because the trial court failed to provide written reasons as statutoril
• Horne v. State
  918 So. 2d 1011· Fla. 2d DCA· 2006-01-25 ·cited 6×
  Michael Horne petitioned for relief based on ineffective assistance of appellate counsel. The court granted the petition on one ground: appellate counsel's failure to challenge an improper resentencing by a successor judge without a showing of necessity in violation of Florida Ru
• L.K. v. Dep't OF Juv. Just.
  917 So. 2d 919· Fla. 1st DCA· 2005-12-12 ·cited 6×
  The court held that the 15-day detention period under section 985.215(5)(d) is calculated in calendar days and does not exclude Saturdays, Sundays, and legal holidays.
• Sylvis v. State
  916 So. 2d 915· Fla. 5th DCA· 2005-11-18 ·cited 6×
  William Sylvis appealed the denial of his habeas corpus petition challenging the Florida Parole Commission's revocation of his parole for violating a no-contact condition. The appellate court treated the appeal as a petition for certiorari and denied relief, finding the circuit c
• Adan Juarez, Jr. v. Ric L. Bradshaw
  904 So. 2d 572· Fla. 4th DCA· 2005-06-09 ·cited 6×·via Writ Of Habeas Corpus
  The court held that a local administrative order mandates that any capias issued for failure to appear after charges are refiled must provide for an O.R. release.
• Terence A. Frazier v. State
  898 So. 2d 1183· Fla. 3d DCA· 2005-04-06 ·cited 6×·via Habeas Corpus Petition
• Gibson v. Fla. Parole Comm'n
  895 So. 2d 1291· Fla. 5th DCA· 2005-03-24 ·cited 6×
  The court reversed the dismissal of Gibson's habeas corpus petition challenging a Florida Parole Commission order, holding that the trial court should have treated it as a mandamus petition and transferred it to Leon County rather than dismissing it outright.
• McCARTHY v. Fla. Parole Comm'n
  889 So. 2d 1018· Fla. 1st DCA· 2005-01-05 ·cited 6×·via Writ Of Habeas Corpus
• Raley v. State
  884 So. 2d 501· Fla. 5th DCA· 2004-10-08 ·cited 6×·via Writ Of Habeas Corpus
• Williams v. State
  870 So. 2d 922· Fla. 3d DCA· 2004-04-21 ·cited 6×·via Habeas Corpus Petition
  The court held that the petitioner waived his right to a speedy trial and that the Jimmy Ryce Act is a civil commitment process to which speedy trial rules do not apply.
• Ennis v. Regier
  869 So. 2d 701· Fla. 2d DCA· 2004-04-02 ·cited 6×
  The court affirmed in part and reversed in part the dismissal of Phillip Ennis's two petitions for habeas corpus, affirming the dismissal of the second petition challenging his civil commitment as a sexually violent predator on Ex Post Facto and double jeopardy grounds, but rever
• Galen Golden v. Crow
  862 So. 2d 903· Fla. 2d DCA· 2003-12-22 ·cited 6×·via Writ Of Habeas Corpus
  Court granted habeas corpus petition because state failed to file required motion for pretrial detention, requiring trial court to conduct release hearing or impose standard bond.
• McCARTHY v. Jenne
  861 So. 2d 99· Fla. 4th DCA· 2003-12-17 ·cited 6×
• Jones v. State
  858 So. 2d 1263· Fla. 1st DCA· 2003-11-17 ·cited 6×·via Writ Of Habeas Corpus
  Eddie Jones petitioned for habeas corpus challenging the trial court's subject matter jurisdiction based on an allegedly defective arrest warrant affidavit. The appellate court found Jones had engaged in an abuse of the legal process through repetitive, successive filings raising
• M.W. v. Lofthiem
  855 So. 2d 683· Fla. 2d DCA· 2003-10-01 ·cited 6×·via Writ Of Habeas Corpus
  The court held that admitting to past marijuana use, without evidence of being under the influence during court proceedings or violating a specific order, does not constitute direct or indirect criminal contempt.
• Palm Beach Cnty. Sheriff v. State
  854 So. 2d 278· Fla. 4th DCA· 2003-09-17 ·cited 6×·via Writ Of Habeas Corpus
  A Florida sheriff sought a writ of mandamus to recover expenses for housing incompetent criminal defendants after the Department of Children and Families failed to assume custody within the statutorily mandated fifteen-day period. The court held that mandamus is not an appropriat
• Staley v. State
  851 So. 2d 805· Fla. 2d DCA· 2003-07-30 ·cited 6×
  Bobby Staley challenges the revocation of his probation, arguing that the trial court failed to follow statutory and constitutional due process requirements. The Florida Second District Court of Appeal reversed the probation revocation order, holding that a probationer cannot pro
• Robert E.H. Carlisle v. State
  849 So. 2d 1146· Fla. 5th DCA· 2003-07-18 ·cited 6×
  Robert Carlisle challenged his burglary conviction through successive collateral petitions alleging ineffective assistance of counsel regarding his missing wife's failure to testify. The Fifth District Court of Appeal denied his petition and barred him from filing further pro se
• Strong v. State
  851 So. 2d 758· Fla. 2d DCA· 2003-06-20 ·cited 6×
  Anthony Strong appealed a circuit court order denying his petition for a writ of habeas corpus seeking to file a belated motion for postconviction relief under Florida Rule of Criminal Procedure 3.850(b)(3), claiming his appellate attorney failed to timely file such a motion. The
• Christifa A. Knowles v. Fla. Parole Comm'n
  846 So. 2d 1246· Fla. 1st DCA· 2003-06-09 ·cited 6×
  The circuit court departed from essential requirements of law by ordering a filing fee and ruling on a habeas petition outside its jurisdiction.
• Alverez v. State
  840 So. 2d 322· Fla. 5th DCA· 2003-02-14 ·cited 6×
  Twelve individuals petitioned for release under the Jimmy Ryce Act, claiming their civil commitment petitions were invalid because neither the original petition nor supporting documents were sworn. The Fifth District Court of Appeal aligned with other districts in requiring sworn
• Gove v. Fla. Parole Comm'n
  816 So. 2d 1150· Fla. 1st DCA· 2002-04-26 ·cited 6×
  Shane Gove challenges his detention under Florida's conditional release program, arguing he was unlawfully classified as a conditional releasee. The court agrees that Gove did not qualify for conditional release under Florida Statutes § 947.1405(2) because he lacked a prior felon
• Williams v. Spears
  814 So. 2d 1167· Fla. 3d DCA· 2002-04-17 ·cited 6×
  Marion Williams challenges the constitutionality of Florida Statute § 903.0471, which permits courts to revoke a defendant's pretrial release and deny further release if the defendant commits a new crime while on pretrial release. The appellate court upholds the statute as consti
• Robinson v. State
  816 So. 2d 146· Fla. 1st DCA· 2002-04-08 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the appellant's claim regarding multiple convictions for resisting an officer was time-barred, but his claim regarding consecutive habitual felony offender sentences for offenses committed during a single criminal episode should be reviewed by the trial court.
• L.W. v. Dep't of Child. & Families
  812 So. 2d 551· Fla. 1st DCA· 2002-03-28 ·cited 6×
  Parents in a dependency case sought habeas corpus review to challenge their court-appointed counsel's alleged ineffectiveness. The First District Court of Appeal held that parents constitutionally entitled to appointed counsel in dependency proceedings are entitled to competent a
• Johnson v. Moore
  801 So. 2d 289· Fla. 1st DCA· 2001-12-12 ·cited 6×
  The court reversed the denial of habeas corpus petition insofar as it failed to address a Hale claim regarding consecutive sentences, remanding for the trial court to determine whether the record supports the claim that five consecutive habitual felony offender life sentences wer