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

• Ricks v. State
  961 So. 2d 1093· Fla. 5th DCA· 2007-07-27 ·cited 4×·via Writ Of Habeas Corpus
  A defendant's vague allegation of oversight is insufficient to require a hearing on a motion to set a new bond after failing to appear.
• A.R. v. Dobuler
  960 So. 2d 793· Fla. 3d DCA· 2007-06-18 ·cited 4×
• Albritton v. White
  948 So. 2d 852· Fla. 2d DCA· 2007-01-31 ·cited 4×
  The trial court's blanket policy requiring personal appearance at arraignments, overriding the rule allowing written pleas, arbitrarily denied the defendant a privilege afforded by the rule.
• Andreas Obojes v. State
  946 So. 2d 602· Fla. 1st DCA· 2006-12-29 ·cited 4×
  Andreas Obojes appealed the denial of his habeas corpus petition challenging his 1990 armed sexual battery conviction and 40-year departure sentence. The court affirmed the denial and imposed sanctions prohibiting Obojes from filing further pro se pleadings challenging his convic
• D.M. v. Dobuler
  947 So. 2d 504· Fla. 3d DCA· 2006-12-06 ·cited 4×
  Juvenile detainees challenge Miami-Dade's detention hearing procedures, alleging they were denied hearings within 24 hours of custody as required by Florida law. The court agrees, holding that Florida Statutes section 985.215(2) mandates detention hearings within 24 hours of when
• Basil Andrews v. Johnson
  941 So. 2d 494· Fla. 1st DCA· 2006-11-07 ·cited 4×
  Florida appellate court quashed an order committing an incompetent defendant to the state hospital because the trial court found it improbable he would regain competency, which contradicts the statutory requirement for commitment under Fla. Stat. § 916.13(1)(c).
• Porter v. State
  940 So. 2d 579· Fla. 1st DCA· 2006-10-30 ·cited 4×
  Tyler Porter appealed his conviction for violating probation after successfully completing a youthful offender boot camp. The appellate court reversed the trial court's denial of his habeas corpus petition, finding that Porter was entitled to immediate release because his current
• Williams v. State
  937 So. 2d 1142· Fla. 5th DCA· 2006-08-18 ·cited 4×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus cannot be used to collaterally attack a criminal judgment and sentence, and the trial court lacked jurisdiction to review a judgment from another county.
• Smith v. State
  933 So. 2d 689· Fla. 5th DCA· 2006-07-21 ·cited 4×·via Writ Of Habeas Corpus
• MacFARLAND v. State
  929 So. 2d 549· Fla. 5th DCA· 2006-04-07 ·cited 4×
  MacFarland appeals the denial of his post-conviction motion for relief based on newly discovered evidence. He claims that John Wright's affidavit exonerating him of armed burglary should justify withdrawal of his nolo contendere plea. The court affirmed the denial, finding the cl
• Chandler v. Crosby
  454 F. Supp. 2d 1137· M.D. Fla.· 2006-02-08 ·cited 4×
  The court denied Petitioner Oba Chandler’s Petition for Writ of Habeas Corpus, finding his claims regarding ineffective assistance of counsel did not meet the AEDPA standards for relief.
• G.L. v. State
  917 So. 2d 342· Fla. 5th DCA· 2005-12-23 ·cited 4×
  G.L., a juvenile convicted of marijuana possession, petitioned for habeas corpus relief challenging his placement in Restrictiveness Level Six despite the Department of Juvenile Justice's recommendation for probation. The court denied the petition without prejudice due to an inad
• K.T.E. v. Lofthiem
  915 So. 2d 767· Fla. 2d DCA· 2005-12-09 ·cited 4×
  The trial court erred in ordering a juvenile into secure detention without making a specific finding of significantly changed circumstances as required by statute.
• Gerrard L. Simmons v. State
  915 So. 2d 732· Fla. 2d DCA· 2005-12-07 ·cited 4×
  Trial court lacked authority to sua sponte revoke pretrial release and increase bond without State application or notice; habeas corpus petition granted and original bond reinstated.
• O.L. Raulerson v. Mitchell
  916 So. 2d 891· Fla. 4th DCA· 2005-11-09 ·cited 4×
  Sheriff Raulerson appealed a trial court order granting injunctive relief to inmates Marshall and Milton Mitchell regarding conditions of confinement at the Okeechobee County Jail. The appellate court reversed, finding that the Mitchells failed to establish the clear legal right
• Barnes v. Crosby
  909 So. 2d 534· Fla. 2d DCA· 2005-08-31 ·cited 4×
  The appellate court affirmed the dismissal of the habeas corpus petition, even though the trial court lacked jurisdiction, because the petition was an improper substitute for a postconviction motion.
• Hayes v. State
  896 So. 2d 974· Fla. 5th DCA· 2005-04-01 ·cited 4×
  The appellate court reversed the trial court's summary denial of a habeas petition seeking permission to file a belated post-conviction relief motion, finding the trial court misunderstood which sentence was at issue and failed to address whether the doctrine of laches barred the
• Collins v. Hendrickson
  371 F. Supp. 2d 1326· M.D. Fla.· 2005-01-26 ·cited 4×
  The Florida Parole Commission violated Petitioner's due process rights by disregarding a hearing examiner's factual findings and substituting its own in revoking his control release.
• In re Commitment OF Jose A. Ortega. State of Fla. v. Ortega
  891 So. 2d 623· Fla. 2d DCA· 2005-01-26 ·cited 4×·via Writ Of Habeas Corpus
  The State appealed a circuit court order releasing Jose Ortega from pretrial detention under Florida's Jimmy Ryce Act for sexually violent predators. The appellate court granted the petition for writ of certiorari and reversed, holding that the circuit court erroneously interpret
• Griffin v. McRAY
  890 So. 2d 341· Fla. 3d DCA· 2004-12-14 ·cited 4×
  Trial court lacked authority to sua sponte revoke pretrial release and increase bond without state motion and proper notice; habeas corpus granted and petitioner restored to original release conditions.
• Flowers v. State
  889 So. 2d 123· Fla. 4th DCA· 2004-11-24 ·cited 4×
  A defendant may be entitled to file a belated motion for post-conviction relief if their attorney frustrates their intention to file such a motion in a timely fashion.
• Diaz v. State
  884 So. 2d 299· Fla. 2d DCA· 2004-08-18 ·cited 4×·via Writ Of Habeas Corpus
  A trial court lacks statutory authority to impose a term of imprisonment as a sanction for violating a pretrial intervention program (PTI) agreement.
• Hernandez v. McCRAY
  879 So. 2d 60· Fla. 3d DCA· 2004-07-23 ·cited 4×
  Pedro Juan Hernandez petitioned for a writ of habeas corpus challenging his detention based on a positive drug test ordered by the trial judge without legal justification. The Florida District Court of Appeal granted the petition, finding the drug test was ordered without probabl
• Richardson v. Fla. Parole Comm'n
  871 So. 2d 1007· Fla. 1st DCA· 2004-04-20 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the circuit court did not depart from the essential requirements of law by not granting relief on a claim raised for the first time in a reply brief.
• Duckworth v. Dep't OF Corr. & Fla. Parole Comm'n
  867 So. 2d 550· Fla. 1st DCA· 2004-02-27 ·cited 4×
  The circuit court erred by denying Duckworth's habeas corpus petition without an order to show cause where he adequately alleged that the hearing examiner failed to subpoena two material witnesses for his conditional release revocation hearing.
• Crosby v. McNEAL
  865 So. 2d 617· Fla. 5th DCA· 2004-01-23 ·cited 4×·via Writ Of Habeas Corpus
  James Crosby, secretary of the Department of Corrections, appeals a mandamus order requiring the department to credit McNeal with 308 days of tolled time on his 1995 conviction against his sentence for a 1996 conviction. The Fifth District quashed the order, holding that Evans v.
• Brown v. Crosby
  249 F. Supp. 2d 1285· S.D. Fla.· 2003-03-19 ·cited 4×·via Writ Of Habeas Corpus
  The Court found that the Petitioner's waiver of his Miranda rights was not knowing and intelligent due to his severe intellectual deficits, and therefore his confession should have been suppressed.
• Hawn v. State
  840 So. 2d 352· Fla. 5th DCA· 2003-02-28 ·cited 4×
  Christopher Hawn appealed the summary denial of his second Rule 3.800(a) motion seeking to correct his 1988 conviction for burglary and sexual battery. The court affirmed the denial, finding Hawn's claims were successive, already rejected on the merits in prior proceedings, and p
• Morales v. State
  842 So. 2d 909· Fla. 3d DCA· 2003-02-26 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the trial court did not err in denying the petition for writ of habeas corpus.
• Reaves v. Crosby
  837 So. 2d 396· Fla.· 2003-01-09 ·cited 4×
  William Reaves, a death row inmate, petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The Florida Supreme Court denied the petition, finding that Reaves' claims either involved variants of issues already decided on direct appeal or were
• Waterhouse v. Moore
  838 So. 2d 480· Fla.· 2002-11-21 ·cited 4×
  Robert Brian Waterhouse, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, asserting four claims of ineffective assistance of appellate counsel relating to his 1980 first-degree murder conviction and death sentence. The Court denied the petitio
• T.T. v. Enoc Esteves
  828 So. 2d 449· Fla. 4th DCA· 2002-10-16 ·cited 4×·via Writ Of Habeas Corpus
  A juvenile petitioner sought habeas corpus relief challenging his detention beyond twenty-one days in a secure juvenile detention facility. The court held that the state's mere assertion of intent to file adult charges, without demonstrating how the nature of the charges requires
• Moore v. State
  820 So. 2d 442· Fla. 5th DCA· 2002-07-05 ·cited 4×·via Writ Of Habeas Corpus
  Tyrone Moore sought habeas corpus relief, claiming his appellate counsel was ineffective for failing to challenge the trial court's denial of his request to proceed pro se. The court held that the trial court erred in denying Moore's self-representation request based on his perce
• Burley Gilliam v. State
  817 So. 2d 768· Fla.· 2002-02-07 ·cited 4×·via Writ Of Habeas Corpus
  Burley Gilliam, sentenced to death for the 1988 conviction of first-degree murder and sexual battery, appealed the denial of his Rule 3.850 postconviction relief motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of postconviction relief and the hab
• Peacock v. State
  798 So. 2d 909· Fla. 5th DCA· 2001-11-09 ·cited 4×·via Writ Of Habeas Corpus
  Dana Peacock appeals the trial court's revocation of his supersedeas bond after his conviction for sexual offenses involving minors. The appellate court found that Peacock was not intentionally or willfully violating the electronic monitoring condition when he was released from j
• Martin v. Moore
  781 So. 2d 1172· Fla. 3d DCA· 2001-04-11 ·cited 4×·via Writ Of Habeas Corpus
  Randy Steven Martin filed a successive petition for habeas corpus challenging his conviction and sentence. The Third District Court of Appeal denied the petition, finding that Martin was abusing the judicial process through repetitive and baseless filings, and directing the clerk
• Wilson v. Moore
  782 So. 2d 865· Fla.· 2001-03-22 ·cited 4×·via Writ Of Habeas Corpus
  Jerry L. Wilson sought habeas corpus relief challenging the forfeiture of his prison gain time credits upon revocation of his control release. The Florida Supreme Court denied the petition, holding that Wilson waived any ex post facto claims by voluntarily accepting early release
• Rowe v. State
  765 So. 2d 94· Fla. 1st DCA· 2000-05-15 ·cited 4×·via Writ Of Habeas Corpus
• Morrison v. State
  764 So. 2d 649· Fla. 1st DCA· 2000-05-08 ·cited 4×
  The court held that appellate counsel was not ineffective for failing to raise the issue of the trial court's alleged violation of Florida Rule of Criminal Procedure 3.410.
• Marese Barnes v. State
  779 So. 2d 366· Fla. 2d DCA· 2000-04-28 ·cited 4×
  Marese Barnes petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to challenge his violent career criminal sentence on constitutional grounds. The court granted relief, finding that appellate counsel's failure to raise a viable
• MacARTHUR v. Moore
  756 So. 2d 232· Fla. 3d DCA· 2000-04-26 ·cited 4×
  The petition for writ of habeas corpus is denied because it was untimely filed and petitioner did not allege he was affirmatively misled by counsel.
• Fannin v. State
  751 So. 2d 158· Fla. 2d DCA· 2000-02-04 ·cited 4×·via Writ Of Habeas Corpus
  Benjamin Fannin appeals the trial court's denial of his Rule 3.850 postconviction relief motion, challenging his conviction based on allegedly perjured testimony and his sentence of consecutive minimum mandatory sentences that exceeded the sentencing guidelines. The court reverse
• Larvictor Flournoy v. Moore
  752 So. 2d 35· Fla. 1st DCA· 2000-01-27 ·cited 4×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus cannot be used to seek monetary damages or compel criminal charges.
• Williams v. Moore
  752 So. 2d 574· Fla.· 2000-01-13 ·cited 4×·via Writ Of Habeas Corpus
  George Williams petitioned the Florida Supreme Court for a writ of habeas corpus seeking overcrowding credits under Lynce v. Mathis and Gomez v. Singletary. The court held that individualized factual determinations regarding credit eligibility are better suited for circuit courts
• Scott v. State
  747 So. 2d 1018· Fla. 3d DCA· 1999-12-15 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the trial court erred in imposing a general sentence for multiple counts and in failing to award sufficient credit for time served.
• Kerklin v. Godwin
  747 So. 2d 956· Fla. 2d DCA· 1999-07-21 ·cited 4×·via Writ Of Habeas Corpus
  James Kerklin, an inmate in the Florida Department of Corrections, petitioned for habeas corpus to challenge a detainer placed by the Highlands County Sheriff seeking to return him to county jail to complete a two-year sentence after his DOC sentence. The Second District Court of
• S.C. v. A.L.A. and R.D.
  736 So. 2d 744· Fla. 4th DCA· 1999-06-23 ·cited 4×
  The Florida Fourth District Court of Appeal affirmed the trial court's order excusing a biological father's consent to adoption and denying his habeas corpus petition regarding custody. The court rejected the father's due process challenge and upheld the finding of abandonment un
• Guerra-Villafane v. Singletary
  729 So. 2d 972· Fla. 3d DCA· 1999-03-17 ·cited 4×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to raise the meritorious issue of an erroneous jury instruction on entrapment.
• Green v. State
  727 So. 2d 349· Fla. 5th DCA· 1999-02-19 ·cited 4×
  Moses Green, a former juvenile offender, appealed the denial of his habeas corpus petition challenging his 1991 plea to second-degree murder. The court affirmed, holding that Green's claims were barred by the two-year statute of limitations for Rule 3.850 motions and could not be
• Clark v. Manning
  721 So. 2d 793· Fla. 3d DCA· 1998-12-09 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petitioner's unrebutted testimony and affidavit were sufficient to establish his inability to pay the purge amount, and incarceration was therefore improper.