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

• Franklin v. Kearney
  814 So. 2d 462· Fla. 4th DCA· 2001-12-03 ·cited 6×
  The circuit court that committed Petitioner has jurisdiction to hear his habeas corpus petition challenging the commitment, even if he is detained elsewhere.
• Hawker v. Warden Lawrence Greer
  801 So. 2d 168· Fla. 4th DCA· 2001-11-29 ·cited 6×
  The Fourth District affirmed the trial court's decision to allow the state nine days to amend its petition to comply with the Jimmy Ryce Act's requirement that ex parte probable cause determinations be supported by sworn proof, rejecting petitioners' argument for immediate releas
• Isom v. State
  800 So. 2d 292· Fla. 3d DCA· 2001-10-31 ·cited 6×·via Writ Of Habeas Corpus
  Douglas Isom appealed the denial of a rule 3.800(a) motion to correct an illegal sentence following his conviction for trafficking in cocaine and conspiracy. The court affirmed the denial, finding that Isom's claims were either previously litigated and rejected or barred by the l
• Roby v. State
  795 So. 2d 189· Fla. 3d DCA· 2001-09-25 ·cited 6×·via Writ Of Habeas Corpus
  Kevin Roby sought habeas corpus relief after a trial judge revoked his bond and ordered him held without bail following a tardiness incident at a court hearing. The Florida District Court of Appeal granted the petition, holding that the trial court violated statutory requirements
• Black v. Moore
  768 So. 2d 1236· Fla. 1st DCA· 2000-10-06 ·cited 6×·via Habeas Corpus Petition
  In a certiorari proceeding reviewing a habeas corpus denial, the Florida First District Court of Appeal upheld the Department of Corrections' cancellation of Phillip Black's retroactive administrative gain time and provisional credits totaling 440 days, finding no Ex Post Facto C
• Gray v. State
  774 So. 2d 30· Fla. 2d DCA· 2000-09-27 ·cited 6×
  Morris Gray appeals the denial of his habeas corpus petition (treated as a Rule 3.850 motion for postconviction relief) challenging the voluntariness of his guilty plea based on the trial court's failure to inform him of potential deportation consequences. The court reverses and
• Gervasoni v. State
  766 So. 2d 478· Fla. 5th DCA· 2000-09-22 ·cited 6×·via Writ Of Habeas Corpus
  Gerald Gervasoni seeks habeas corpus relief for belated appeal, claiming ineffective assistance of appellate counsel for failing to challenge his life sentence as a habitual felony offender. The court finds that appellate counsel was ineffective for not raising a clear sentencing
• Partridge v. Moore
  768 So. 2d 1128· Fla. 1st DCA· 2000-08-22 ·cited 6×
  Paul Partridge petitioned for post-conviction relief claiming ineffective assistance of appellate counsel after his direct appeal resulted in modification of his convictions. The court denied the petition as time-barred under Florida's two-year rule and alternatively for failure
• Bret Bickis v. Broward Cnty. Sheriff
  763 So. 2d 487· Fla. 4th DCA· 2000-07-10 ·cited 6×·via Writ Of Habeas Corpus
• Richardson v. Moore
  754 So. 2d 64· Fla. 3d DCA· 2000-03-08 ·cited 6×·via Writ Of Habeas Corpus
  Ronald Wayne Richardson petitions for habeas corpus relief, contending that his adjudication as a habitual violent felony offender (HVO) violates the constitutional prohibition on ex post facto laws. The court agrees and grants the petition, requiring resentencing under the appli
• Rondale Hall v. State
  746 So. 2d 544· Fla. 5th DCA· 1999-12-10 ·cited 6×
• Lowman v. Moore
  744 So. 2d 1210· Fla. 2d DCA· 1999-11-10 ·cited 6×
  Ronnie Lowman petitioned for habeas corpus based on ineffective assistance of appellate counsel, arguing his conviction for lewd and lascivious assault on a child under 16 was defective because the victim was actually 16 years old at the time of the offense. The court granted rel
• Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n
  741 So. 2d 1201· Fla. 1st DCA· 1999-09-22 ·cited 6×
  Gary Powell petitioned for habeas corpus relief after the circuit court denied his motion for relief from judgment regarding a forfeiture of gain time by the Florida Department of Corrections. The appellate court denied the habeas corpus petition for lack of jurisdiction, holding
• Diaz v. State
  737 So. 2d 1203· Fla. 5th DCA· 1999-07-23 ·cited 6×·via Writ Of Habeas Corpus
  A detainer filed against an incarcerated probationer is insufficient to trigger the right to a timely hearing on a probation violation charge.
• Russell v. State
  740 So. 2d 567· Fla. 1st DCA· 1999-06-30 ·cited 6×·via Habeas Corpus Petition
  Marion Russell, convicted under Florida's RICO statute, sought habeas relief based on ineffective assistance of appellate counsel. The court denied his petition as untimely filed under Florida Rule of Appellate Procedure 9.140(j), which imposed a two-year deadline beginning Janua
• Gaiter v. State
  737 So. 2d 565· Fla. 3d DCA· 1999-06-09 ·cited 6×·via Writ Of Habeas Corpus
  The court held that the appellant's claims were procedurally barred due to prior litigation and appeals.
• Schwartz v. Neumann
  731 So. 2d 746· Fla. 4th DCA· 1999-03-31 ·cited 6×
  The court held that a pretrial detention order must be vacated if the state fails to prove the existence of at least one of the four circumstances listed in section 907.041(4)(b).
• RIX v. Jenne
  728 So. 2d 827· Fla. 4th DCA· 1999-03-30 ·cited 6×
  Petitioner Brian Rix challenged the revocation of his bond without a new bond hearing following his arrest on new charges. The Florida Fourth District Court of Appeal held that while a trial court may revoke bond for breach of conditions, it must follow statutory requirements und
• S.B. v. Rayford
  717 So. 2d 1107· Fla. 3d DCA· 1998-09-23 ·cited 6×·via Writ Of Habeas Corpus
  S.B., a juvenile in secure detention awaiting placement in a moderate-risk residential facility, petitioned for habeas corpus relief. The State confessed error, and the court granted the petition, finding that S.B. had exceeded the statutory time limits for secure detention under
• Hines v. State
  714 So. 2d 605· Fla. 4th DCA· 1998-07-15 ·cited 6×
• Amador v. State
  712 So. 2d 1179· Fla. 3d DCA· 1998-06-17 ·cited 6×·via Writ Of Habeas Corpus
  Juan Amador petitioned for habeas corpus after the trial court issued orders recommitting him and lodging a capias against him following dismissal of criminal charges for which he was found incompetent to stand trial. The court granted the petition and quashed the recommitment or
• Moody v. Campbell
  713 So. 2d 1032· Fla. 1st DCA· 1998-06-05 ·cited 6×
  The court held that a juvenile record does not shield an adult from pretrial detention if they are charged with a dangerous crime and pose a risk to the community.
• Stano v. State
  708 So. 2d 271· Fla.· 1998-03-20 ·cited 6×
  Gerald Stano, a death row inmate under execution warrant, appealed the trial court's denial of his second motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, rejecting Stano's claims regarding witness rec
• Allen v. State
  707 So. 2d 381· Fla. 5th DCA· 1998-02-20 ·cited 6×·via Habeas Corpus Proceedings
  John Harm Allen sought post-conviction relief under Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance of counsel and requesting a belated appeal. The court dismissed the case without prejudice, holding that because Allen's belated appeal request was filed
• Ashley v. Singletary
  706 So. 2d 1373· Fla. 1st DCA· 1998-02-17 ·cited 6×
  The court affirmed the circuit court's dismissal of Ashley's habeas corpus petition because it was filed in the wrong county; a habeas corpus petition must be filed in the county where the prisoner is detained.
• Myers v. Fla. Parole & Prob. Comm'n
  705 So. 2d 1000· Fla. 4th DCA· 1998-02-04 ·cited 6×
  Walter Myers appealed the summary denial of his habeas corpus/mandamus petition challenging the Florida Parole and Probation Commission's decision to suspend his presumptive parole release date. The court reversed the summary denial, finding that Myers stated a prima facie case t
• Gentzen v. State
  689 So. 2d 1178· Fla. 1st DCA· 1997-03-10 ·cited 6×·via Writ Of Habeas Corpus
  The court held that it lacks jurisdiction to hear an appeal from a non-final order finding a defendant incompetent and committing her to a mental health facility.
• Linroy Bottoson v. Singletary
  685 So. 2d 1302· Fla.· 1997-01-09 ·cited 6×·via Habeas Corpus Petition
  Linroy Bottoson, a death-row inmate, petitioned for habeas corpus claiming his appellate counsel was ineffective for failing to raise a claim that the State discriminatorily used peremptory challenges to remove the only Black juror from his jury during his 1981 murder trial. The
• Maja Stock v. Stock
  677 So. 2d 1341· Fla. 4th DCA· 1996-08-07 ·cited 6×
  The court reversed a Florida custody judgment awarding sole custody to the father where conflicting decrees were entered by Swiss and Florida courts in an international custody dispute. The Florida trial court violated the Uniform Child Custody Jurisdiction Act (UCCJA) by failing
• Carvie William Farmer v. State
  672 So. 2d 639· Fla. 5th DCA· 1996-04-26 ·cited 6×
  Farmer pleaded guilty to second-degree murder and received a 90-year sentence with a mandatory three-year firearm enhancement. The trial court improperly classified the offense as a first-degree felony after an earlier habeas petition revealed the sentence was illegal under Flori
• J.L. v. McCORMICK
  671 So. 2d 202· Fla. 2d DCA· 1996-03-20 ·cited 6×
• Milford Wade Byrd v. Singletary
  655 So. 2d 67· Fla.· 1995-01-26 ·cited 6×·via Writ Of Habeas Corpus
  Milford Wade Byrd, a death row inmate, petitioned for habeas corpus relief claiming violations of his right to silence, ineffective appellate counsel, and other constitutional violations. The Florida Supreme Court denied relief, finding most claims procedurally barred and those o
• Barclay v. Hairy K. Singletary
  642 So. 2d 583· Fla. 3d DCA· 1994-08-17 ·cited 6×·via Writ Of Habeas Corpus
  The court considers a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise specific issues on direct appeal.
• T.D. v. Dep't of Health & Rehabilitative Servs.
  639 So. 2d 704· Fla. 1st DCA· 1994-07-25 ·cited 6×
  This case addresses the proper procedure for a parent to challenge a parental rights termination order when their attorney failed to file a timely notice of appeal. The court clarifies that the trial court must properly evaluate whether the parent is entitled to a belated appeal
• Eason v. State
  632 So. 2d 191· Fla. 3d DCA· 1994-02-15 ·cited 6×
  William Charles Eason appeals the denial of his motion for postconviction relief following his conviction for aggravated assault with a firearm, robbery with a firearm, and firearm possession, and his sentencing as a habitual violent felony offender. The appellate court affirmed
• Stewart v. State
  632 So. 2d 59· Fla.· 1993-12-09 ·cited 6×
  Roy Allen Stewart, a death row inmate, appealed the trial court's denial of his third motion for postconviction relief. The Florida Supreme Court affirmed the denial, finding that his claims of factual innocence, Brady violations, and other constitutional challenges were either p
• Ambrose v. State
  626 So. 2d 254· Fla. 5th DCA· 1993-10-01 ·cited 6×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to raise an issue that had clear precedent for reversal, warranting vacating the sentence.
• Johnson v. Singletary
  625 So. 2d 1251· Fla. 3d DCA· 1993-09-14 ·cited 6×·via Writ Of Habeas Corpus
  The court held that appellate counsel's deficient performance prejudiced the petitioner by failing to raise meritorious issues, entitling him to relief.
• Kirkpatrick v. Whitley
  992 F.2d 491· 5th Cir.· 1993-05-20 ·cited 6×·via Habeas Corpus Petition
  The court held that a second federal habeas petition may be dismissed for abuse of the writ if new grounds are not alleged or if failure to assert them previously was inexcusable neglect, but remanded for an evidentiary hearing to determine factual bases for claims of prosecutori
• Orrin Scott Reed v. Dick Clark
  984 F.2d 209· 7th Cir.· 1993-01-19 ·cited 6×·via Habeas Corpus Petition
• Hamby v. State
  619 So. 2d 972· Fla. 5th DCA· 1993-01-15 ·cited 6×
• Derden v. Sheriff Sammie McNEEL & Attorney Gen. - State of Miss.
  978 F.2d 1453· 5th Cir.· 1992-12-16 ·cited 6×·via Habeas Corpus Petition
• Meek v. State
  605 So. 2d 1301· Fla. 4th DCA· 1992-10-07 ·cited 6×·via Writ Of Habeas Corpus
  Thomas Meek appeals a trial court order denying post-conviction relief based on transactional immunity under Florida Statutes section 914.04. The appellate court reverses and remands for an evidentiary hearing to determine whether Meek was factually entitled to immunity under the
• Markham Duff-Smith v. Collins
  973 F.2d 1175· 5th Cir.· 1992-09-17 ·cited 6×·via Habeas Corpus Petition
  The court held that a federal habeas petitioner is not entitled to relief based on claims of ineffective assistance of counsel, procedural default, insufficient evidence, or improper use of evidence, as these claims were either procedurally barred, lacked merit, or were based on
• Jones v. Murray
  976 F.2d 169· 4th Cir.· 1992-09-11 ·cited 6×
  The court held that Virginia's death penalty statute is constitutional and affirmed the district court's denial of the appellant's Rule 60(b) motion and motion for a stay of execution.
• Wright v. State
  604 So. 2d 1248· Fla. 4th DCA· 1992-09-02 ·cited 6×
  The court held that conflicting rulings on identical jury selection objections create manifest injustice, requiring a new trial.
• Martina v. State
  602 So. 2d 1334· Fla. 5th DCA· 1992-07-17 ·cited 6×
  This case addresses the constitutional and procedural impropriety of holding a defendant in jail without bond for 24 days on a domestic violence misdemeanor charge without filing formal criminal charges. The court disapproves of the institutional practice of denying bail in domes
• Schmidt v. State
  602 So. 2d 684· Fla. 1st DCA· 1992-07-17 ·cited 6×
  Tony Glyn Schmidt challenges the Department of Corrections' denial of provisional credits based on a presentence investigation report (PSI) indicating his 1984 burglary was committed with intent to commit sexual battery. The court reverses, holding that the D.O.C. cannot rely sol
• Geschwendt v. Ryan
  967 F.2d 877· 3d Cir.· 1992-06-18 ·cited 6×
  The court held that the trial court's failure to explicitly instruct the jury on the option of a verdict of not guilty by reason of insanity did not violate due process, as the jury was presented with lesser included offenses and ultimately convicted of the highest offense, rende
• Roberts v. Singletary
  794 F. Supp. 1106· S.D. Fla.· 1992-06-05 ·cited 6×
  The court held that the exclusion of evidence regarding the victim's prior sexual history was not a constitutional violation because the defense theory was not presented at trial and the defendant denied making the statement at issue. The court also found no ineffective assistanc