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

• Quinten Walden v. State
  162 So. 3d 84· Fla. 4th DCA· 2014-10-01 ·cited 4×
  The court granted habeas corpus relief, vacated the conviction, and remanded for a new trial because denying the petitioner the same remedy as in a prior, related case would be manifestly unjust.
• Mendoza v. Cross
  143 So. 3d 1155· Fla. 3d DCA· 2014-08-07 ·cited 4×
  The trial court erred by failing to make the necessary findings required by statute to justify pretrial detention, even after the defendant willfully violated a condition of release.
• Pierre v. State
  141 So. 3d 711· Fla. 4th DCA· 2014-07-02 ·cited 4×
  Wilson Pierre was convicted of second-degree murder after a jury instruction on the lesser included offense of manslaughter. On appeal in a habeas corpus petition, Pierre challenged his appellate counsel's ineffectiveness for failing to argue that the manslaughter instruction con
• Lopez v. State
  136 So. 3d 1265· Fla. 2d DCA· 2014-04-23 ·cited 4×
  Sergio Lopez challenges his second-degree murder conviction, arguing his appellate counsel was ineffective for failing to raise that the jury instruction on manslaughter by act was fundamentally erroneous. The court grants the petition, finding that the defective instruction viol
• Rolland A. Shultz v. State
  136 So. 3d 1232· Fla. 2d DCA· 2014-04-16 ·cited 4×
  Rolland Shultz appeals the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court reverses, finding that Shultz's 99-year sentence imposed upon probation revocation was illegal because, as a youthful offender, he could hav
• Mosley v. State
  134 So. 3d 1124· Fla. 4th DCA· 2014-02-05 ·cited 4×
• Saravia v. FOR Miami-Dade Cnty.
  129 So. 3d 1163· Fla. 3d DCA· 2014-01-02 ·cited 4×·via Writ Of Habeas Corpus
  The State must show good cause, such as changed circumstances or new information, to modify bail or conditions of release set at a first appearance hearing.
• Tukes v. State
  115 So. 3d 1014· Fla. 4th DCA· 2013-02-13 ·cited 4×
  Damian Tukes appealed the summary denial of his habeas corpus petition challenging his 2004 robbery with a firearm conviction on the ground that jury instructions failed to require proof of the firearm element beyond a reasonable doubt. The Florida Fourth District Court of Appeal
• Shernerd Richardson v. Cervone
  116 So. 3d 449· Fla. 1st DCA· 2013-02-08 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings concerning his judgments and sentences due to abuse of the legal process and violation of a prior sanction order.
• J.L.T. v. Dep't OF Juv. Just.
  104 So. 3d 1257· Fla. 2d DCA· 2013-01-09 ·cited 4×
  Six juveniles challenged their placement in home detention pending adjudicatory hearings, arguing their zero-point Risk Assessment Instrument (RAI) scores mandated release. The Florida Second District Court of Appeal upheld the detentions, holding that the RAI's exception for pro
• Carlo Woodson v. State
  100 So. 3d 222· Fla. 3d DCA· 2012-10-31 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a pro se litigant's right to access the courts is not unfettered and can be forfeited due to abuse by filing successive, meritless claims.
• Darrelle M. Johnson v. State
  114 So. 3d 205· Fla. 5th DCA· 2012-10-12 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the issues raised by the appellant were not cognizable in a habeas corpus petition because they should have been raised on direct appeal.
• Desue v. Tucker
  100 So. 3d 151· Fla. 1st DCA· 2012-10-12 ·cited 4×
  The Florida Court of Appeal affirmed and expanded sanctions against a pro se litigant who violated a prior prohibition on filing pleadings in a specific case. The court barred the petitioner from all future pro se filings in the appellate court and referred him for disciplinary p
• Martinez v. State
  98 So. 3d 1190· Fla. 3d DCA· 2012-08-08 ·cited 4×·via Writ Of Habeas Corpus
  A fundamentally erroneous jury instruction, even if it shifts the burden of proof, is waived if trial counsel affirmatively accepts the instruction.
• Robinson v. State
  95 So. 3d 171· Fla.· 2012-07-12 ·cited 4×
  Timothy Robinson appeals his death sentences for first-degree murder, arguing trial counsel provided ineffective assistance during the penalty phase by failing to investigate and present available mitigating evidence. The Florida Supreme Court reversed the trial court's denial of
• D.M. v. State
  84 So. 3d 1242· Fla. 2d DCA· 2012-04-13 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the appeal of the disposition orders was untimely and dismissed, but the denial of the motions to withdraw the pleas was reversed.
• Bush v. State
  74 So. 3d 130· Fla. 1st DCA· 2011-09-27 ·cited 4×
  Anthony Bush petitioned for habeas corpus to challenge a pretrial detention order entered after he had been admitted to bail at his first appearance hearing. The court held that the state's motion for pretrial detention, filed after bail was set, must satisfy the "good cause" req
• Niklas Prokopishen v. State
  82 So. 3d 1046· Fla. 4th DCA· 2011-09-14 ·cited 4×·via Writ Of Habeas Corpus
  Niklas Prokopishen challenges the trial court's revocation of his bond following his failure to appear for a hearing. The appellate court grants the habeas petition in part, finding that the trial court failed to make necessary factual findings regarding willfulness and alternati
• T.K.B. v. Stepheny Durham
  63 So. 3d 60· Fla. 1st DCA· 2011-05-18 ·cited 4×
  A child petitioner sought habeas corpus relief to challenge her secure detention pending a juvenile delinquency proceeding. The court granted the petition, finding that the Department of Juvenile Justice improperly scored the Risk Assessment Instrument (RAI) by awarding points fo
• Morel v. Sheldon
  59 So. 3d 1082· Fla.· 2011-01-21 ·cited 4×·via Habeas Corpus Petition
  The Florida Supreme Court addressed whether Ronald Morel, held in pretrial detention for eight years pending a Jimmy Ryce Act civil commitment trial, had been subjected to unlawful detention due to failure to provide treatment and delay in proceedings. The Court relinquished juri
• In the Interest of E.K. v. Dep't of Child. & Fam. Servs. Ad Litem Program
  33 So. 3d 125· Fla. 2d DCA· 2010-04-28 ·cited 4×
  A father appealed the denial of his motion to set aside a termination of parental rights judgment based on ineffective assistance of counsel. The Florida appellate court affirmed the denial but highlighted a critical gap in Florida law: parents have a constitutional right to effe
• Lamont Asberry v. State
  32 So. 3d 718· Fla. 1st DCA· 2010-04-07 ·cited 4×
  Lamont Asberry was convicted of second-degree murder and appealed, with his conviction initially affirmed. On a subsequent petition for ineffective assistance of appellate counsel, the court found that his counsel failed to seek supplemental briefing on a newly decided precedent
• In re Commitment OF Joseph W. Finfrock. Joseph W. Finfrock v. Fla. Civil Commitment Ctr.
  28 So. 3d 983· Fla. 2d DCA· 2010-03-05 ·cited 4×
  The appellate court reversed a trial court's dismissal of a habeas corpus petition filed by a detainee awaiting involuntary civil commitment. The court held that the detainee's allegations of being placed in restrictive confinement as punishment for a disciplinary infraction stat
• Rigby v. State
  29 So. 3d 390· Fla. 5th DCA· 2010-03-02 ·cited 4×
• Franklin v. State
  25 So. 3d 645· Fla. 1st DCA· 2009-12-31 ·cited 4×
  The Florida Court of Appeal denied Leon Franklin Jr.'s petition for writ of habeas corpus challenging his 1995 convictions and sentences for first-degree murder and shooting into a dwelling, finding the petition frivolous and imposing sanctions limiting his ability to file pro se
• D.F. v. Housel
  10 So. 3d 694· Fla. 4th DCA· 2009-05-21 ·cited 4×
  D.F., a minor detained for assault with intent to do violence in a domestic violence context, petitioned for habeas corpus relief. The Florida appellate court granted the petition because, although the trial court's oral findings were supported by competent evidence, the applicab
• Jeanson Jacques v. State
  1 So. 3d 1112· Fla. 4th DCA· 2009-01-14 ·cited 4×
• M.A.M. v. Vurro
  2 So. 3d 388· Fla. 2d DCA· 2009-01-07 ·cited 4×
  M.A.M., a juvenile charged with misdemeanor domestic violence battery, sought habeas corpus relief from secure detention. The court held that Florida law limits secure detention to a total of 21 days from the first court detention hearing, and M.A.M.'s detention beyond that perio
• Wickham v. State
  998 So. 2d 593· Fla.· 2008-12-23 ·cited 4×·via Writ Of Habeas Corpus
  Jerry Michael Wickham, sentenced to death for a 1986 murder during a robbery on Interstate 10, appealed a postconviction court's denial of his Rule 3.851 motion for relief. The Florida Supreme Court reversed and remanded because the postconviction judge erred in denying Wickham's
• Espinosa v. State
  997 So. 2d 1168· Fla. 3d DCA· 2008-12-10 ·cited 4×·via Habeas Corpus Petition
  Juan Espinosa appealed the trial court's dismissal of his postconviction Rule 3.850 motion for lack of jurisdiction. The appellate court held that the trial court retained jurisdiction over the motion despite pending appeals in separate cases, but affirmed the dismissal on the me
• C.B. v. Dobuler
  997 So. 2d 463· Fla. 3d DCA· 2008-12-10 ·cited 4×
  The Florida Third District Court of Appeal granted a habeas petition from a juvenile (C.B.) who was ordered to secure detention by a trial judge for failure to appear at court hearings on misdemeanor charges, finding the detention violated statutory requirements. This was the twe
• Wainwright v. State
  2 So. 3d 948· Fla.· 2008-11-26 ·cited 4×
  Anthony Floyd Wainwright, convicted of first-degree murder and sentenced to death for the murder of Carmen Gayheart, appealed a trial court's denial of his successive Rule 3.851 motion for post-conviction relief based on newly discovered evidence. The Florida Supreme Court affirm
• Zack v. Crosby
  607 F. Supp. 2d 1291· N.D. Fla.· 2008-11-17 ·cited 4×
  A new constitutional right recognized by the Supreme Court, even if retroactively applicable, only revives claims based on that specific right and does not revive previously time-barred claims.
• Romanes v. Sec'y, Dep't of Corr.
  621 F. Supp. 2d 1249· M.D. Fla.· 2008-11-14 ·cited 4×·via Habeas Corpus Petition
  The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
• Lathio Jenkins v. State
  6 So. 3d 71· Fla. 3d DCA· 2008-11-05 ·cited 4×·via Writ Of Habeas Corpus
  The court held that habeas corpus and a motion to dismiss are improper remedies for the alleged defect in the information, and the claim is without merit and waived.
• Barrera v. Fla. Parole Comm'n
  987 So. 2d 810· Fla. 1st DCA· 2008-08-12 ·cited 4×·via Writ Of Habeas Corpus
• S.P. v. State
  985 So. 2d 651· Fla. 5th DCA· 2008-06-27 ·cited 4×
  A juvenile petitioner challenged her contempt sentence of forty-five days in secure detention imposed for five separate violations of court orders, arguing that consecutive detention periods violated Florida statutory limits on juvenile sentences. The Fifth District Court of Appe
• Burks v. McNEIL
  984 So. 2d 619· Fla. 1st DCA· 2008-06-16 ·cited 4×
  Reginald Burks challenged the Florida Department of Corrections' calculation of his sentence, arguing that applying the 1983 version of the gain-time statute to his 1981 offense violated the ex post facto clause. The court granted his petition, finding that the retroactive applic
• Ricketts v. Palm Beach Cnty. Sheriff
  985 So. 2d 591· Fla. 4th DCA· 2008-06-04 ·cited 4×
  Ricketts, detained on an ICE immigration hold despite posting bond on state charges, petitioned for habeas corpus relief. The Florida appellate court affirmed the trial court's denial, holding that the validity of federal immigration detainers is exclusively within federal jurisd
• Cepero v. Mascara
  981 So. 2d 671· Fla. 4th DCA· 2008-05-21 ·cited 4×
  Petitioner challenged a trial court's bond order setting bail at $270,000 for drug and racketeering charges. The appellate court granted the writ of habeas corpus, finding the bond amount unsupported by evidence of petitioner's ability to pay, though remanding for the trial court
• Hicks v. State
  979 So. 2d 360· Fla. 5th DCA· 2008-04-11 ·cited 4×·via Writ Of Habeas Corpus
• Dep't OF Child. & Families v. B.N. & State of Fla.
  979 So. 2d 1110· Fla. 4th DCA· 2008-04-09 ·cited 4×
  The court held that trial court orders compelling immediate placement of a juvenile for competency restoration services were improper and violated separation of powers, and that a juvenile whose detention hold expired should be released.
• Barnes v. State
  993 So. 2d 1012· Fla. 2d DCA· 2008-01-16 ·cited 4×
  James Barnes petitioned for postconviction relief arguing that his appellate counsel was ineffective for failing to raise that the trial court committed fundamental error by inserting the conjunction 'or' between his name and his codefendant's name in jury instructions on attempt
• Bedford v. State
  970 So. 2d 935· Fla. 4th DCA· 2008-01-02 ·cited 4×
  Mark Bedford appeals the summary denial of his rule 3.850 postconviction motion challenging a conviction for delivery of a counterfeit controlled substance, arguing the conviction constitutes fundamental error because he was convicted of an uncharged crime. The Fourth District af
• Brumit v. State
  971 So. 2d 205· Fla. 4th DCA· 2007-12-31 ·cited 4×
  Jody Brumit petitioned for habeas corpus relief after her conviction for aggravated child abuse was reversed on direct appeal and remanded for resentencing on the lesser offense of child abuse. The court granted her petition, holding that her similarly situated co-defendant Festa
• Foley v. State
  969 So. 2d 283· Fla.· 2007-10-25 ·cited 4×·via Writ Of Habeas Corpus
  The Court dismissed the petition for writ of prohibition for lack of jurisdiction, holding that extraordinary writs cannot be used to circumvent jurisdictional requirements for discretionary review.
• State v. Overton
  970 So. 2d 359· Fla. 3d DCA· 2007-10-03 ·cited 4×
  The State appeals a trial court's decision to vacate its own dismissal of Overton's post-conviction relief motion and transfer it to a different judicial circuit. The court affirms, holding that the trial court lacked subject matter jurisdiction to rule on the motion in the first
• Spaulding v. State
  965 So. 2d 350· Fla. 4th DCA· 2007-09-26 ·cited 4×
  The court held that the trial court had jurisdiction to prosecute the RICO offense, affirming the denial of the habeas corpus petitions.
• Rodriguez v. Jenne
  963 So. 2d 933· Fla. 4th DCA· 2007-09-04 ·cited 4×·via Writ Of Habeas Corpus
  The trial court lacked authority to deny bond without a properly filed motion for pretrial detention.
• Starr Griffin v. State
  962 So. 2d 1026· Fla. 3d DCA· 2007-08-08 ·cited 4×·via Habeas Corpus Petition
  Starr Griffin, convicted in 1975 of second-degree murder and breaking and entering, petitions to file a belated motion for post-conviction relief alleging actual innocence. The court denies the petition and prohibits Griffin from filing further pro se pleadings regarding his 1975