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

• Lanorris D. Gordon v. State
  717 So. 2d 1069· Fla. 5th DCA· 1998-08-14 ·cited 4×·via Writ Of Habeas Corpus
  The court affirmed the trial court's order summarily denying the motion for post-conviction relief.
• Nazworth v. State
  715 So. 2d 1061· Fla. 5th DCA· 1998-07-31 ·cited 4×·via Habeas Corpus Petition
  Defendant's rule 3.850 motion for postconviction relief based on ineffective assistance of counsel for failing to file a direct appeal was affirmed, but the court allowed him to pursue a habeas corpus petition for a belated appeal if he could allege a timely request for appeal.
• Brown v. State
  711 So. 2d 236· Fla. 5th DCA· 1998-05-29 ·cited 4×
  Brown petitioned for a writ of habeas corpus seeking a belated appeal of his 1995 convictions for aggravated battery with a firearm and attempted first degree murder, alleging his trial attorney failed to file an appeal he requested. The court granted the petition, finding the tw
• Harris v. State
  711 So. 2d 1220· Fla. 5th DCA· 1998-05-08 ·cited 4×
  Harris's petition for a writ of habeas corpus seeking a belated appeal based on ineffective appellate counsel was denied because the jurisdictional issue he claimed should have been raised on appeal was not preserved at trial.
• Bridgett M. Conley v. Cannon
  708 So. 2d 306· Fla. 2d DCA· 1998-03-06 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the petition for a writ of habeas corpus must be denied because the controversy has been rendered moot by the vacation of the contempt order and resulting incarceration.
• G.S. v. State
  709 So. 2d 122· Fla. 5th DCA· 1998-03-06 ·cited 4×
  Four juveniles on community control were found in indirect contempt for violating their orders and placed in secure detention. They petitioned for habeas corpus, arguing the court abused its discretion. The court upheld the contempt findings and detention, holding that Florida la
• Mattern v. Fla. Parole Comm'n
  707 So. 2d 806· Fla. 4th DCA· 1998-02-18 ·cited 4×
  The appellate court affirmed the denial of a habeas corpus petition, ruling that the appellant failed to demonstrate due process violations or prejudice in his parole revocation hearings. The court clarified the due process requirements for both preliminary and final parole revoc
• Edwards v. State
  705 So. 2d 943· Fla. 5th DCA· 1998-01-09 ·cited 4×
  Zachary Edwards sought habeas corpus relief, arguing his release from prison due to earned gain time extinguished the remainder of his sentence and therefore his placement on conditional release was improper. The court held that while Edwards' inclusion under conditional release
• Rozar v. State
  701 So. 2d 1201· Fla. 5th DCA· 1997-11-21 ·cited 4×·via Writ Of Habeas Corpus
  Rozar petitioned for a belated appeal of a trial court's order denying his Rule 3.850 motion, claiming he had timely prepared and delivered a notice of appeal to the Department of Corrections for mailing but it was never received. The appellate court granted the petition, finding
• Verdis Whitehead v. McCAMPBELL
  700 So. 2d 135· Fla. 4th DCA· 1997-10-09 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the trial court erred in denying the petitioner's motion to set bond by applying an incorrect standard of proof.
• Wigfals v. Fla. Parole Comm'n
  691 So. 2d 644· Fla. 5th DCA· 1997-04-18 ·cited 4×
  The appellate court held that a prisoner's transfer to a different county necessitates a venue transfer, not dismissal of the petition.
• Cooper v. Fla. Parole Comm'n & The Dep't of Corr.
  691 So. 2d 521· Fla. 4th DCA· 1997-03-21 ·cited 4×
  Mark Cooper appeals the revocation of his conditional release on concurrent sentences, arguing that his early discharge on a grand theft charge should not have been revoked because that charge did not qualify for conditional release under the Conditional Release Act. The court ho
• Harbaugh v. Cochran
  688 So. 2d 1020· Fla. 4th DCA· 1997-03-05 ·cited 4×
  The Fourth District Court of Appeal denied a habeas corpus petition challenging revocation of pretrial bail following a guilty verdict in a felony DUI case. The court held that once a defendant is found guilty by jury verdict, they are no longer entitled to the constitutional rig
• Ramirez-Centeno v. Wallis
  957 F. Supp. 1267· S.D. Fla.· 1997-02-26 ·cited 4×
  The court held that petitioners are not in custody and therefore lack standing to seek a writ of habeas corpus, even if their underlying claims were meritorious.
• Lowery v. Lambdin
  687 So. 2d 55· Fla. 4th DCA· 1997-01-29 ·cited 4×
  Byron Lowery appealed an order denying his in forma pauperis motion and petition for writ of habeas corpus challenging his prison classification. The court reversed, holding that a prior sanction against Lowery in the appellate court cannot serve as precedent to deny filing right
• Pinkney v. State
  682 So. 2d 1182· Fla. 5th DCA· 1996-11-08 ·cited 4×
  Pinkney filed his second petition for habeas corpus claiming ineffective assistance of appellate counsel. The court denied the petition as successive and an abuse of process, prohibiting Pinkney from filing further pro se pleadings concerning his convictions and sentences.
• Stokes v. State
  685 So. 2d 1368· Fla. 2d DCA· 1996-10-11 ·cited 4×
  Roderick Stokes appeals the summary denial of his postconviction motion. The court vacates his conviction for attempted first-degree felony murder based on State v. Gray's holding that this crime no longer exists in Florida, while affirming the denial of other ineffective assista
• P.M.W. v. State
  678 So. 2d 484· Fla. 5th DCA· 1996-08-16 ·cited 4×
  A juvenile delinquent petitioned for a writ of habeas corpus after his appellate counsel failed to file an initial brief, resulting in dismissal of his direct appeal. The court granted the petition, finding ineffective assistance of counsel, and reinstated the appeal with new cou
• Marisita Nicholas v. Cochran
  673 So. 2d 882· Fla. 4th DCA· 1996-04-22 ·cited 4×·via Writ Of Habeas Corpus
  The court held that the bail amount was excessive because it was increased without sufficient exploration of the defendant's assets or the purposes of bail.
• Goggins v. Pinellas Cnty.
  685 So. 2d 1334· Fla. 2d DCA· 1996-04-19 ·cited 4×
  Michael Goggins petitioned for a writ of mandamus to compel the trial court to provide free court transcripts for use in a potential habeas corpus petition challenging his appellate counsel's effectiveness. The Florida District Court of Appeal denied the petition, holding that pr
• Harrison v. State
  667 So. 2d 382· Fla. 1st DCA· 1995-12-04 ·cited 4×
  Stephen Harrison challenges the Department of Corrections' denial of prison time credit on one of two concurrent sentences following probation revocation. The court holds that under Tripp v. State, Harrison is entitled to credit for time previously served in prison on both concur
• Washington v. State
  661 So. 2d 1294· Fla. 4th DCA· 1995-11-01 ·cited 4×·via Writ Of Habeas Corpus
  The appellate court affirmed the trial court's denial of the defendant's petition for writ of habeas corpus.
• Dougan v. Singletary
  644 So. 2d 484· Fla.· 1994-09-08 ·cited 4×·via Habeas Corpus Petition
  Jacob Dougan, convicted of murder and sentenced to death, petitioned for habeas corpus relief arguing that a defective jury instruction on the aggravating factor of 'heinous, atrocious, or cruel' violated Espinosa v. Florida. The Florida Supreme Court denied the petition, finding
• Davis v. Singletary
  853 F. Supp. 1492· M.D. Fla.· 1994-05-25 ·cited 4×
  The court held that the pretrial publicity did not rise to the level of presumed prejudice and that the trial court did not abuse its discretion in denying a motion for individual and sequestered voir dire.
• Plez v. State
  635 So. 2d 1087· Fla. 3d DCA· 1994-05-10 ·cited 4×·via Writ Of Habeas Corpus
  The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding it time-barred.
• Nerey v. State
  634 So. 2d 206· Fla. 3d DCA· 1994-03-22 ·cited 4×·via Habeas Corpus Petition
  Nerey petitioned for habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a Miranda waiver issue on appeal. The Florida District Court of Appeal, Third District, denied the petition, holding that appellate counsel has discretion to focus on str
• Brown v. State
  633 So. 2d 1175· Fla. 3d DCA· 1994-03-22 ·cited 4×
  The court held that a claim for failure to enter written findings of fact before imposing adult sanctions on a minor is procedurally barred if not raised in a timely postconviction motion.
• Hunter v. F.P. Samples
  15 F.3d 1011· 11th Cir.· 1994-03-07 ·cited 4×·via Habeas Corpus Petition
  The Eleventh Circuit affirmed the denial of habeas relief, holding that the Interstate Agreement on Detainers Act does not apply to transfers of federal prisoners between federal judicial districts.
• In the Interest of M.T.
  627 So. 2d 1319· Fla. 4th DCA· 1993-12-10 ·cited 4×
  A juvenile detained under Florida law petitioned for habeas corpus claiming his detention exceeded the statutory twenty-one day maximum. The court upheld the extension to December 13, finding good cause based on judicial unavailability and the petitioner's failure to accept an ea
• Monzon v. Singletary
  619 So. 2d 527· Fla. 3d DCA· 1993-06-22 ·cited 4×
  Florida appellate court granted habeas corpus relief where appellate counsel failed to raise a double jeopardy challenge to dual convictions for murder with a firearm and firearm possession, vacating the firearm conviction while affirming the murder conviction.
• Vanderbilt v. Collins
  994 F.2d 189· 5th Cir.· 1993-06-17 ·cited 4×·via Habeas Corpus Petition
  The court held that while the Fifth and Sixth Amendment violations regarding psychiatric testimony were not harmless error, subsequent Supreme Court precedent on double jeopardy prevents barring a new sentencing hearing based on insufficient evidence from a prior trial.
• J.W. Williams v. Collins
  989 F.2d 841· 5th Cir.· 1993-05-04 ·cited 4×·via Habeas Corpus Petition
  A defendant must make a factual showing sufficient to give the trial court reasonable ground to doubt his sanity at the time of the offense to be entitled to a court-appointed psychiatrist under Ake v. Oklahoma.
• Brazile v. State
  618 So. 2d 305· Fla. 1st DCA· 1993-05-03 ·cited 4×
  Willie James Brazile sought a belated appeal of an order denying his post-conviction ineffective assistance of counsel claim. The trial court granted his motion for a belated appeal based on his allegation that he did not receive notice of the denial order for eight months. The a
• Emejulu v. Immigr. & Naturalization Serv.
  989 F.2d 771· 5th Cir.· 1993-04-15 ·cited 4×
  The court held that it lacked original jurisdiction to hear the habeas corpus petition and ordered it transferred to the appropriate district court, despite petitioner's concerns about delays.
• Tizianna Ferrari v. Rubin
  616 So. 2d 611· Fla. 5th DCA· 1993-04-09 ·cited 4×
  The trial court erred in entering a judgment awarding personal property located in Italy, as it lacked personal jurisdiction over the defendant. The judgment is void.
• James v. Collins
  987 F.2d 1116· 5th Cir.· 1993-03-25 ·cited 4×·via Habeas Corpus Petition
  The court held that the Texas capital sentencing scheme, including its special issues, is constitutional and that the district court properly deferred to state court findings of fact. The court also found no unconstitutional deprivation of mental health expert assistance.
• Brewer v. Lewis
  989 F.2d 1021· 9th Cir.· 1993-03-02 ·cited 4×
  The Ninth Circuit granted a certificate of probable cause and a stay of execution, finding that the district court erred in denying standing to a "next friend" petition for habeas corpus.
• Sinclair v. Henman
  986 F.2d 407· 10th Cir.· 1993-02-19 ·cited 4×·via Habeas Corpus Petition
  The court held that the Marshal's Service's execution of the parole violator warrant contrary to the Parole Commission's instructions rendered the execution invalid, thus eliminating the requirement for a timely parole revocation hearing.
• Roldan v. Racette
  984 F.2d 85· 2d Cir.· 1993-01-22 ·cited 4×
  The court held that it lacked subject matter jurisdiction to review the habeas corpus petition because the petitioner was no longer in custody and had departed the United States after a deportation order was issued, rendering the appeal moot and the statutory bar applicable.
• Higgason v. Clark
  984 F.2d 203· 7th Cir.· 1993-01-14 ·cited 4×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that a petitioner challenging a conviction used for sentence enhancement must demonstrate actual innocence or cause and prejudice for procedural defaults, and that a guilty plea is valid if voluntary and intelligent, not solely dependent on strong evidence of guilt
• Martsay Bolder v. Armontrout
  983 F.2d 98· 8th Cir.· 1992-12-23 ·cited 4×·via Habeas Corpus Petition
  The court held that the appellant's claims of ineffective assistance by post-conviction counsel and inadequate funding are without merit and barred as successive, abusive, or procedurally defaulted.
• Brittingham v. United States
  982 F.2d 378· 9th Cir.· 1992-12-23 ·cited 4×
  The court held that the U.S. Marshal for the District of Hawaii was not the petitioner's custodian for habeas corpus purposes, and thus the district court lacked personal jurisdiction.
• Horizon Hosp. v. Williams
  610 So. 2d 692· Fla. 2d DCA· 1992-12-18 ·cited 4×
  The court held that the plain language of the statute requires the petition for involuntary placement to be executed, not filed, within the 72-hour period.
• Shelton R. Thomas v. Goldsmith
  979 F.2d 746· 9th Cir.· 1992-11-10 ·cited 4×·via Habeas Corpus Petition
  The court held that the prosecution's late notice of a rebuttal witness did not violate due process, and the defendant's absence from a portion of a voluntariness hearing was harmless error. However, claims previously deemed procedurally barred regarding sentencing may be conside
• Freeman Brintley v. Singletary
  605 So. 2d 1303· Fla. 2d DCA· 1992-10-07 ·cited 4×·via Writ Of Habeas Corpus
  Freeman Brintley petitioned for a writ of habeas corpus, claiming ineffective assistance of counsel on direct appeal for failing to challenge his sentencing. The court granted the petition, finding that Brintley's ten-year sentence was erroneously imposed because the trial court
• Garvin Dale White v. Henman
  977 F.2d 292· 7th Cir.· 1992-10-05 ·cited 4×
  The Bureau of Prisons is an 'agency' under the Administrative Procedure Act, but procedural errors in disciplinary hearings do not automatically render an inmate's custody illegal or unconstitutional.
• Aguilar-Ayala v. Cecilio Ruiz
  973 F.2d 411· 5th Cir.· 1992-09-25 ·cited 4×
  The court affirmed the denial of attorney's fees, holding that the government's position in resisting the litigation was substantially justified due to the unresolved legal issues surrounding the detention of alien material witnesses.
• Scott v. Roberts
  975 F.2d 1473· 10th Cir.· 1992-09-22 ·cited 4×·via Habeas Corpus Petition
  The denial of a continuance to secure a witness's testimony did not violate the appellant's constitutional rights because it was not arbitrary or unreasonable and did not render the trial fundamentally unfair.
• Jeffers v. Lewis
  974 F.2d 1075· 9th Cir.· 1992-08-31 ·cited 4×·via Habeas Corpus Petition
  The court held that the Arizona Supreme Court erred by affirming a death sentence without adequately considering mitigating evidence or conducting a proper reweighing of factors after invalidating one aggravating circumstance.
• Tucker v. DAY
  969 F.2d 155· 5th Cir.· 1992-08-26 ·cited 4×
  The failure of appointed counsel to provide any assistance at a resentencing hearing constitutes a constructive denial of counsel, presumed to result in prejudice.