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

• Moore v. State
  137 So. 3d 611· Fla. 4th DCA· 2014-05-07 ·cited 5×
  David Moore appealed the dismissal of his habeas corpus petition challenging a detainer placed on him by the Martin County Sheriff's Office based on a contempt sentence imposed in 1995. The court reversed and remanded, instructing the trial court to treat the petition as a mandam
• Harris v. State
  133 So. 3d 1169· Fla. 3d DCA· 2014-02-26 ·cited 5×
  Roy Harris appealed a trial court order transferring his habeas corpus petition from Miami-Dade County Circuit Court to Leon County Circuit Court. The Third District Court of Appeal reversed, holding that because Harris's petition challenged the legality of his current detention
• Bratton v. Ryan
  133 So. 3d 1158· Fla. 3d DCA· 2014-02-21 ·cited 5×·via Writ Of Habeas Corpus
  Brandon Bratton, charged with aggravated assault with a firearm and released on bond, was placed on no-bond status after failing to appear for a pretrial hearing. The Florida Court of Appeal granted his habeas corpus petition, holding that while the trial court properly revoked h
• Dean v. State
  124 So. 3d 997· Fla. 4th DCA· 2013-10-30 ·cited 5×
  Christopher Dean petitioned for relief from ineffective assistance of appellate counsel, claiming his appellate counsel failed to raise a fundamental error regarding a circular jury instruction on burglary in his direct appeal. The Florida Fourth District Court of Appeal granted
• Mabrey v. Fla. Parole Comm'n
  109 So. 3d 1264· Fla. 2d DCA· 2013-04-03 ·cited 5×
• Grim v. Sec'y, Fla. Dep't OF Corr.
  705 F.3d 1284· 11th Cir.· 2013-01-22 ·cited 5×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Norman Grim, a Florida death row inmate, challenged his capital sentence on federal habeas review, arguing that the Sixth and Fifth Amendments required that aggravating circumstances be charged in the indictment and found by a jury. The Eleventh Circuit affirmed the district cour
• Cummings v. State
  103 So. 3d 1048· Fla. 2d DCA· 2013-01-04 ·cited 5×
  Robert Cummings sought postconviction relief arguing his appellate counsel was ineffective for failing to raise that a manslaughter-by-act jury instruction constituted fundamental error. The court agreed, finding that under State v. Montgomery, the same erroneous instruction that
• Donnie L. Prince v. State
  98 So. 3d 768· Fla. 4th DCA· 2012-10-17 ·cited 5×
  Prince seeks habeas corpus relief to challenge his life sentence imposed in 1986 for cocaine trafficking. The Fourth District Court of Appeal grants the writ, finding manifest injustice because the trial court erroneously believed it had no sentencing discretion and was required
• Whitfield v. State
  95 So. 3d 964· Fla. 5th DCA· 2012-08-17 ·cited 5×
  Kenneth Whitfield appealed the denial of his habeas corpus petition challenging his 30-year habitual violent felony offender sentence imposed in 1998. The court affirmed the denial, explaining that a later 15-year sentence designated as coterminous with the 30-year sentence did n
• Bronson v. State
  89 So. 3d 1089· Fla. 5th DCA· 2012-06-08 ·cited 5×·via Writ Of Habeas Corpus
  Steve Bronson, a 64-year-old convicted felon arrested for a 1979 murder, was found incompetent to proceed in his criminal case due to stroke-related cognitive deficits with little probability of restoration. After the trial court's involuntary civil commitment order was quashed o
• Broom v. Tucker
  94 So. 3d 502· Fla.· 2012-05-03 ·cited 5×
  The court held that the inmate's pro se habeas corpus petition was unauthorized and frivolous, warranting sanctions.
• State v. Stang
  41 So. 3d 206· Fla.· 2010-07-08 ·cited 5×·via Habeas Corpus Petition
  The dissenting opinion argues that the district court erred in releasing the defendant, asserting that the defendant's habeas corpus petitions were procedurally barred because the issues raised could have and should have been addressed in prior direct appeals or postconviction mo
• Robenson v. McNEIL
  39 So. 3d 350· Fla. 1st DCA· 2010-06-04 ·cited 5×
  Louis Robenson, an inmate serving a life sentence, appealed the dismissal of his habeas corpus petition seeking deportation to Haiti rather than continued detention. The Florida First District Court of Appeal affirmed the dismissal, finding the petition legally frivolous and impo
• Tanesha Bannister v. Al Lamberti
  32 So. 3d 745· Fla. 4th DCA· 2010-04-20 ·cited 5×·via Writ Of Habeas Corpus
  Tanesha Bannister petitions for habeas corpus challenging her pretrial detention order after failing to appear at arraignment. The Fourth District Court of Appeal grants the petition because the trial court failed to make an explicit finding that no further conditions of release
• Carswell v. State
  23 So. 3d 195· Fla. 4th DCA· 2009-11-18 ·cited 5×
  Fred Carswell III appealed the denial of his post-conviction relief motion, and the court treated the appeal as a petition for writ of habeas corpus to address a manifest injustice. The court held that the trial court properly vacated the aggravated battery conviction because the
• Ortiz v. The Fla. Parole Comm'n
  15 So. 3d 941· Fla. 3d DCA· 2009-08-12 ·cited 5×·via Writ Of Habeas Corpus
  The Florida Parole Commission had the authority to impose a curfew as a condition of conditional release for crimes committed in 1990.
• Lamont Clifford King v. State
  15 So. 3d 27· Fla. 1st DCA· 2009-05-11 ·cited 5×
  King petitioned for relief claiming his appellate counsel was ineffective for failing to raise two potentially meritorious issues on direct appeal: insufficient evidence for the "entered" element of burglary and exclusion of impeachment evidence. The court granted the petition in
• D.P. v. State
  8 So. 3d 1203· Fla. 5th DCA· 2009-04-24 ·cited 5×
• Cruz v. State
  976 So. 2d 695· Fla. 4th DCA· 2008-03-24 ·cited 5×
  The court held that the defendant was entitled to either withdraw his plea or have the plea agreement enforced, as the parties contemplated he would receive credit for time already served on the unsuspended portion of his sentence.
• Peraza v. Bradshaw
  966 So. 2d 504· Fla. 4th DCA· 2007-10-18 ·cited 5×·via Writ Of Habeas Corpus
  Christopher Peraza sought habeas corpus relief to reinstate bail that was revoked by his sentencing judge in a probation violation case. The court held that a sentencing judge has authority to revoke bail set by a first appearance judge in probation violation matters, and affirme
• Johnson v. State
  969 So. 2d 402· Fla. 4th DCA· 2007-10-17 ·cited 5×
  Shane Johnson appealed the dismissal of his habeas corpus petition, but the appellate court dismissed the appeal as untimely. Johnson filed his notice of appeal more than 30 days after the trial court's dismissal order, and his motion for rehearing was not timely filed, so it did
• Casimir v. McDONOUGH
  932 So. 2d 471· Fla. 3d DCA· 2006-06-07 ·cited 5×·via Writ Of Habeas Corpus
  Jimmy Casimir sought a writ of habeas corpus claiming ineffective assistance of appellate counsel based on five alleged failures to raise meritorious claims. The Florida Third District Court of Appeal denied the petition, finding all of Casimir's claims of ineffective assistance
• Obando v. Ric L. Bradshaw
  920 So. 2d 198· Fla. 4th DCA· 2006-02-15 ·cited 5×
  A defendant sought a writ of habeas corpus to challenge his pre-trial detention on a no-bond capias for failure to appear at arraignment after his criminal charges were initially 'no-filed' and later re-filed.
• Marsh v. State
  919 So. 2d 540· Fla. 3d DCA· 2005-12-21 ·cited 5×
  The court struck the pro se petition because the petitioner was represented by counsel and denied the petition for writ of mandamus.
• In the Interest of B.H. v. Dep't of Child. & Fam. Servs.
  893 So. 2d 639· Fla. 2d DCA· 2005-02-16 ·cited 5×·via Writ Of Habeas Corpus
  The court held that the trial court erred in denying the mother's motion for relief from judgment solely on res judicata grounds regarding the notice issue, and that the motion should be treated as a petition for writ of habeas corpus to seek a belated appeal.
• Reyes v. McCRAY
  879 So. 2d 1269· Fla. 3d DCA· 2004-08-11 ·cited 5×
  Richard Reyes petitioned for a writ of habeas corpus after a trial court ordered him to submit to a drug test at his arraignment without legal authorization, and then revoked his bail when the test was positive. The appellate court granted the petition, holding that the court lac
• Knox v. State
  873 So. 2d 1250· Fla. 5th DCA· 2004-05-28 ·cited 5×
  The court held that relitigation of the ex post facto claim regarding forfeiture of gain time is barred by collateral estoppel because the issue was previously adjudicated and the appellant waived any such claim by accepting the benefits of control release.
• Marcel S. Smith v. Crosby
  872 So. 2d 279· Fla. 4th DCA· 2004-03-24 ·cited 5×
  Marcel Smith petitioned for habeas corpus alleging his appellate counsel was ineffective for failing to argue that his attempted burglary conviction should be reversed under Delgado v. State. The court granted the petition, finding that appellate counsel's failure to raise a Delg
• Bonner v. State
  866 So. 2d 163· Fla. 5th DCA· 2004-02-20 ·cited 5×·via Writ Of Habeas Corpus
  The court held that the appellant's petition for writ of habeas corpus was premature and inappropriate because he was not entitled to immediate release or being held without lawful authority.
• Brown v. State
  863 So. 2d 1274· Fla. 1st DCA· 2004-01-23 ·cited 5×·via Writ Of Habeas Corpus
  A trial judge must rule on a motion for disqualification before resolving any other matters, even if unaware of the pending motion.
• Calixtro v. McCRAY
  858 So. 2d 1079· Fla. 3d DCA· 2003-09-24 ·cited 5×
  Rogelio Calixtro petitioned for a writ of habeas corpus challenging the modification of his pretrial release conditions, arguing his original bond terms should be reinstated. The Florida District Court of Appeal affirmed the trial court's decision to increase his bond from $7,500
• G.P. v. Bessette
  831 So. 2d 1256· Fla. 1st DCA· 2002-12-16 ·cited 5×·via Writ Of Habeas Corpus
  A juvenile petitioner challenges her detention pending placement in a residential psychiatric program as a condition of probation. The court granted her habeas corpus petition, holding that statutory detention limits apply even when a child is placed on probation rather than comm
• Weldon v. State
  831 So. 2d 1252· Fla. 5th DCA· 2002-12-13 ·cited 5×
  The court held that the lower court should have allowed the inmate time to file a reply to the Commission's response before reconsidering the matter.
• Gibson v. Fla. Dep't OF Corr.
  828 So. 2d 422· Fla. 1st DCA· 2002-10-09 ·cited 5×
  The Court should ask whether a prisoner's lawful sentence removed a right enjoyed by free persons, rather than abstractly whether a right survives incarceration.
• T.W. v. Jenne
  826 So. 2d 536· Fla. 4th DCA· 2002-10-04 ·cited 5×·via Writ Of Habeas Corpus
  A 15-year-old child who misrepresented his age as 18 to secure adult bond sought habeas corpus relief and juvenile court treatment after being arrested for cocaine possession and resisting arrest. The court granted the writ, distinguishing the case from prior precedent because th
• Blake v. State
  180 So. 3d 89· Fla.· 2002-08-12 ·cited 5×·via Writ Of Habeas Corpus
  Harold Blake, convicted of first-degree murder and sentenced to death for the 2002 shooting death of Maheshkumar Patel during an attempted robbery, appeals the denial of his postconviction motion to vacate his conviction and sentences and petitions for habeas corpus. The Florida
• Saucer v. State
  779 So. 2d 261· Fla.· 2001-01-25 ·cited 5×
  The Florida Supreme Court held that gain-time forfeiture sanctions under section 944.28(2)(a) cannot be applied in criminal or collateral criminal proceedings, including habeas corpus petitions challenging underlying convictions or sentences. The court clarified that the subject
• Brackett v. State
  773 So. 2d 564· Fla. 4th DCA· 2000-09-22 ·cited 5×
  Petitioner Brackett challenged the denial of bail in a capital sexual abuse case. The court held that while the state may rely on affidavits to establish probable cause, the trial court must still allow the defendant to present witness testimony addressing discretionary bail fact
• Cannon v. State
  763 So. 2d 1289· Fla. 5th DCA· 2000-08-25 ·cited 5×·via Writ Of Habeas Corpus
• Tellis v. State
  779 So. 2d 352· Fla. 2d DCA· 2000-03-22 ·cited 5×
  Willie Howard Tellis petitioned for habeas corpus after his pretrial release was revoked when he failed to appear at arraignment, arguing that Florida Rule of Criminal Procedure 3.160 mandated waiver of arraignment upon filing a written plea of not guilty. The court held that whi
• Williams v. Fla. Parole Comm'n
  760 So. 2d 959· Fla. 1st DCA· 2000-02-16 ·cited 5×
• Lachandra Winters v. Jenne
  765 So. 2d 54· Fla. 4th DCA· 1999-06-11 ·cited 5×
• White v. Singletary
  711 So. 2d 640· Fla. 3d DCA· 1998-06-10 ·cited 5×·via Writ Of Habeas Corpus
  The court granted the petition for a writ of habeas corpus, allowing a belated appeal for case number 93-1103, but denied it for case number 93-79.
• Derrik R. Sanders v. Singletary
  707 So. 2d 364· Fla. 1st DCA· 1998-02-13 ·cited 5×·via Writ Of Habeas Corpus
  Derrik Sanders petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise a double jeopardy argument on direct appeal. The court denied the petition, holding that appellate counsel was not ineffective because the double jeopardy iss
• Pedroza v. Tadlock
  705 So. 2d 1005· Fla. 4th DCA· 1998-02-04 ·cited 5×
  Pedro Pedroza, a prison inmate, appealed the denial of his habeas corpus petition challenging the Department of Corrections' determination that his administrative appeal of a disciplinary sanction was untimely filed. The court reversed, holding that Pedroza stated a prima facie c
• Hildebrand v. Singletary
  666 So. 2d 274· Fla. 4th DCA· 1996-01-17 ·cited 5×·via Writ Of Habeas Corpus
• Small v. Superintendent Jeff Endicott & Kenosha Cnty. Cir. Court
  998 F.2d 411· 7th Cir.· 1993-06-22 ·cited 5×
  The court held that the district court properly dismissed the habeas corpus petition under Rule 4 because the petitioner failed to state a claim for relief on any of his grounds.
• Cummins v. Cummins
  615 So. 2d 173· Fla. 5th DCA· 1993-02-24 ·cited 5×
  Robert Cummins petitioned for a writ of habeas corpus challenging his 180-day jail sentence for civil contempt of court regarding unpaid child support and alimony arrearages. The Florida District Court of Appeal granted the writ, finding the trial court erroneously determined Cum
• Woods v. Kuhlmann
  977 F.2d 74· 2d Cir.· 1992-10-13 ·cited 5×
  The court held that a temporary, partial closure of a trial to exclude a defendant's family members due to witness safety concerns did not violate the Sixth Amendment right to a public trial.
• Cyrus ZAL v. Steppe
  968 F.2d 924· 9th Cir.· 1992-07-01 ·cited 5×·via Habeas Corpus Petition
  Attorneys do not possess independent First Amendment free speech rights within a courtroom; their speech is circumscribed by the client's trial rights and the need to preserve claims for appeal.