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

• Lenist Key v. State
  254 So. 3d 1000· Fla. 4th DCA· 2018-09-05 ·cited 3×
  Lenist Key petitioned alleging ineffective assistance of appellate counsel for failing to challenge habitual felony offender (HFO) and habitual violent felony offender (HVFO) designations imposed at sentencing. The Fourth District Court of Appeal granted the petition in part, hol
• D.F. v. State
  248 So. 3d 1232· Fla. 5th DCA· 2018-06-05 ·cited 3×
  The Florida District Court of Appeal, Fifth District, granted D.F.'s petition for writ of habeas corpus, finding that the State failed to present substantial, competent evidence to justify his involuntary Baker Act commitment. The court held that a patient's preference for pre-pa
• Lonzo Lee Sparrow, Jr. v. State
  240 So. 3d 841· Fla. 5th DCA· 2018-03-07 ·cited 3×·via Writ Of Habeas Corpus
  The Florida Fifth District Court of Appeal granted a habeas corpus petition challenging a trial court's authority to detain a defendant pending a hearing on the source of bail funds (a Nebbia hold). The court held that while trial courts may inquire into the source of bail funds
• England Thames v. State
  230 So. 3d 566· Fla. 2d DCA· 2017-10-27 ·cited 3×
  England Thames petitioned for post-conviction relief claiming his appellate counsel was ineffective for failing to raise a jury instruction error regarding a missing 'knowingly' element in a drug trafficking charge. The Florida Second District Court of Appeal denied the petition,
• Beeman v. United States
  871 F.3d 1215· 11th Cir.· 2017-09-22 ·cited 3×·via Habeas Corpus Petition
  The dissenting judge believes the majority erred in dismissing the appellant's Johnson claim. The dissent argues that the appellant adequately demonstrated he was sentenced under the ACCA's residual clause and that his aggravated assault conviction in Georgia does not qualify as
• Guerry Wayne HERTZ v. Jones
  218 So. 3d 428· Fla.· 2017-05-18 ·cited 3×
  Hertz petitions for habeas corpus relief from his death sentence for two murders committed during a home invasion, robbery, and arson in 1997. The Florida Supreme Court grants relief, vacating his death sentence and remanding for a new penalty phase because his jury's 10-2 recomm
• Caylor v. State
  218 So. 3d 416· Fla.· 2017-05-18 ·cited 3×
  Matthew Lee Caylor was convicted of first-degree murder and sentenced to death for the 2008 murder of 13-year-old Melinda Hinson. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that Florida's death penalty scheme as applied to Caylor vio
• A.P. v. State
  215 So. 3d 662· Fla. 5th DCA· 2017-04-27 ·cited 3×
  The trial court erred by failing to follow statutory and rule-based procedures for indirect criminal contempt, thus violating due process.
• Thomas v. State
  208 So. 3d 326· Fla. 5th DCA· 2017-01-11 ·cited 3×·via Writ Of Habeas Corpus
  The court held that a trial court cannot deny bond when the state has not filed a motion for pretrial detention and the charged offenses are not capital or life felonies.
• Page v. State
  201 So. 3d 207· Fla. 5th DCA· 2016-09-30 ·cited 3×
  Jonathan Page seeks habeas corpus relief after being convicted of second-degree murder in 2010 using a fundamentally flawed jury instruction on manslaughter by act. The Florida Supreme Court later determined in Montgomery that this instruction was erroneous because it incorrectly
• Hall v. State
  201 So. 3d 628· Fla.· 2016-09-08 ·cited 3×·via Habeas Corpus Petition
  On remand from the U.S. Supreme Court's decision in Hall v. Florida (2014), the Florida Supreme Court reversed its prior decision and held that Freddie Lee Hall, who scored above 70 on IQ tests, nonetheless qualifies as intellectually disabled and therefore cannot be executed und
• Maher v. Junior
  198 So. 3d 949· Fla. 3d DCA· 2016-08-04 ·cited 3×
  Michael Maher petitioned for a writ of habeas corpus challenging his detention on a $100,000 bail pending an indirect criminal contempt hearing. The Florida District Court of Appeal granted the writ and ordered his immediate release, finding the trial court violated contempt proc
• Corner v. State
  218 So. 3d 922· Fla. 3d DCA· 2016-07-27 ·cited 3×
  Lawrence Corner appealed the trial court's denial of his motion to file a petition for writ of habeas corpus challenging his 2001 convictions for kidnapping and sexual battery. The court affirmed the denial, finding that Corner was attempting to use habeas corpus as a disguised r
• Davis v. State
  197 So. 3d 615· Fla. 5th DCA· 2016-07-15 ·cited 3×·via Writ Of Habeas Corpus
  Florida appellate court granted habeas corpus petition where juries convicted defendant of robbery with a firearm but made special findings he did not possess a firearm, creating an inconsistent verdict that constituted manifest injustice.
• Robinson v. State
  201 So. 3d 666· Fla. 3d DCA· 2016-06-10 ·cited 3×
  Phyllis Robinson petitioned for a writ of certiorari and habeas corpus after being denied a post-conviction supersedeas bond pending her appeal from a conviction for resisting a law enforcement officer without violence. The Florida Third District Court of Appeal granted her motio
• Tai A. Pham v. State
  177 So. 3d 955· Fla.· 2015-11-05 ·cited 3×
  Tai Pham appealed the circuit court's denial of his motion to vacate his death sentence filed under Florida Rule of Criminal Procedure 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower court's denial of postconviction relief and denied
• Powell v. State
  174 So. 3d 498· Fla. 4th DCA· 2015-08-19 ·cited 3×·via Habeas Corpus Petition
  A conviction for an uncharged crime is a due process violation that can be raised at any time, and a negotiated plea does not cure this error.
• Stevenland Dwayne Davis v. State
  162 So. 3d 326· Fla. 3d DCA· 2015-03-25 ·cited 3×
  Davis petitioned for habeas corpus, claiming his appellate counsel was ineffective for failing to raise on direct appeal the trial court's denial of his request for self-representation. The court held that because Davis's request was untimely (made mid-trial) and the trial court
• Challis v. State
  157 So. 3d 393· Fla. 2d DCA· 2015-01-30 ·cited 3×
  Steven Challis challenged his 100-year sentence for drug trafficking on the grounds that his appellate counsel was ineffective for failing to argue that the trial court committed fundamental error by speculating during sentencing that his drug trafficking probably caused 10-20 de
• Molina v. State
  150 So. 3d 1280· Fla. 3d DCA· 2014-11-26 ·cited 3×
  Felix Molina sought habeas corpus relief based on ineffective assistance of appellate counsel for failing to raise an erroneous jury instruction on manslaughter by act that mirrored the defect identified in State v. Montgomery. The court granted the petition, finding both that th
• McCROAN v. State of Fla. (N.F.E.T.C.)
  148 So. 3d 548· Fla. 1st DCA· 2014-10-16 ·cited 3×
  McCroan was found incompetent to proceed and subsequently adjudicated not guilty by reason of insanity by the trial court. The appellate court reversed and remanded, but the trial court again entered a similar order on remand, prompting McCroan's motion to enforce the mandate. Th
• Fritz Thermidor, Jr. v. State
  146 So. 3d 95· Fla. 5th DCA· 2014-08-28 ·cited 3×·via Writ Of Habeas Corpus
  Fritz Thermidor Jr. petitioned for a writ of habeas corpus challenging the trial court's denial of bail on a robbery with a firearm charge. The appellate court granted the petition, finding that the State failed to establish that guilt was evident or the presumption was great, as
• J.E.P. v. State
  130 So. 3d 764· Fla. 2d DCA· 2014-01-24 ·cited 3×
  J.E.P., a juvenile, appealed multiple orders including denial of a habeas corpus petition alleging ineffective assistance of counsel and unknowing plea. The appellate court affirmed orders regarding adjudication and probation violation but reversed the denial of the habeas corpus
• Fields v. State
  126 So. 3d 382· Fla. 4th DCA· 2013-10-30 ·cited 3×
  The court held that a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel was legally insufficient because it failed to provide specific facts and references to the record, and thus it was dismissed.
• State v. Manning
  121 So. 3d 1083· Fla. 4th DCA· 2013-08-07 ·cited 3×·via Writ Of Habeas Corpus
  The trial court erred in vacating the convictions because the appellate court's prior ruling on the defendant's claims constituted law of the case, and the claims were time-barred and successive under the relevant rules.
• T.J.S. v. Adonis Miles
  96 So. 3d 1104· Fla. 2d DCA· 2012-09-05 ·cited 3×
  T.J.S., a juvenile on probation, was detained in secure custody after being classified as an "absconder" under Florida's Risk Assessment Instrument (RAI), which added ten points to her detention score. The court upheld the absconder classification and secure detention order, inte
• Osborne v. Tucker
  80 So. 3d 413· Fla. 1st DCA· 2012-02-14 ·cited 3×·via Writ Of Habeas Corpus
  James Osborne sought certiorari review of an order dismissing his habeas corpus petition challenging the Department of Corrections' calculation of his release date. The appellate court reversed the dismissal, finding the trial court erred by dismissing the petition on non-merits
• Hosea T. Blackwell v. State
  65 So. 3d 1211· Fla. 2d DCA· 2011-08-03 ·cited 3×
  The court held that the denial of the motion to correct illegal sentence was improper because the claim was not previously decided on the merits and was therefore not successive, but the claim was facially insufficient.
• Abel Smith v. State
  82 So. 3d 823· Fla. 4th DCA· 2011-03-16 ·cited 3×·via Writ Of Habeas Corpus
  Abel Smith petitioned for a writ of habeas corpus claiming he was illegally incarcerated and entitled to relief granted to his co-defendant based on a defective probable cause affidavit. The court denied the petition after discovering that Smith's supporting documents, including
• Jones v. McNeil
  776 F. Supp. 2d 1323· S.D. Fla.· 2011-03-07 ·cited 3×
  The court denied the Petition for Writ of Habeas Corpus, finding that the claims were either procedurally barred, meritless, or not contrary to clearly established federal law.
• Quarles v. State
  56 So. 3d 857· Fla. 1st DCA· 2011-03-02 ·cited 3×·via Writ Of Habeas Corpus
  The court held that a complaint for a writ of habeas corpus, alleging completion of a court-imposed sentence, is facially sufficient to state a prima facie case for relief, even if the sentence expiration is due to gain time awards.
• Brooks v. State
  54 So. 3d 1069· Fla. 4th DCA· 2011-02-23 ·cited 3×
  The Fourth District Court of Appeal upheld the trial court's assessment of victim injury points for sexual contact in the sentencing of David Brooks, who pleaded no contest to attempted sexual battery and lewd or lascivious molestation of his biological daughter under age twelve.
• Shernerd Richardson v. State
  70 So. 3d 609· Fla. 1st DCA· 2011-01-24 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the petitioner's repeated filings constitute an abuse of process and barred him from future pro se filings concerning his conviction.
• Perry v. Ric Bradshaw
  43 So. 3d 180· Fla. 4th DCA· 2010-09-15 ·cited 3×
  A dissenting opinion argues that Florida Rule of Criminal Procedure 3.133(b) should not prohibit a finding of probable cause based on hearsay alone at an adversary preliminary hearing, disagreeing with a prior interpretation.
• State v. S.S.
  40 So. 3d 6· Fla. 4th DCA· 2010-06-16 ·cited 3×
  The State appealed a trial court order vacating a juvenile's no-contest plea and setting aside her judgment and sentence. The appellate court found it lacked statutory jurisdiction to hear the State's direct appeal but treated it as a petition for writ of certiorari, which it den
• Epps v. McNEIL
  37 So. 3d 923· Fla. 1st DCA· 2010-06-09 ·cited 3×·via Writ Of Habeas Corpus
• Duckett v. McDonough
  701 F. Supp. 2d 1245· M.D. Fla.· 2010-03-25 ·cited 3×
  The court held that the petitioner's claims lacked merit and the petition for writ of habeas corpus would be denied.
• Guzman v. Sec'y, Dep't of Corr.
  698 F. Supp. 2d 1317· M.D. Fla.· 2010-03-17 ·cited 3×·via Petition For Habeas Corpus Relief
  The court granted in part and denied in part the petition for habeas corpus relief, finding merit in Giglio and Brady claims regarding false testimony and withholding of evidence.
• Tate v. State
  32 So. 3d 657· Fla. 1st DCA· 2010-03-03 ·cited 3×
  The Florida District Court of Appeal denied James Tate's petition for writ of habeas corpus and imposed sanctions limiting his right to file future pro se pleadings without attorney representation. The court found that Tate had engaged in abusive litigation by filing numerous rep
• Espinal v. Ryan
  31 So. 3d 818· Fla. 3d DCA· 2010-01-26 ·cited 3×
  Marcos Espinal seeks habeas relief after his bond was revoked and an alias capias issued because he arrived fifteen minutes late to a scheduled court appearance. The court grants the petition, finding the tardiness was unintentional and minimal, and that depriving Espinal of libe
• Young v. McNEIL
  23 So. 3d 1263· Fla. 3d DCA· 2009-12-30 ·cited 3×·via Writ Of Habeas Corpus
• Werdell v. State
  16 So. 3d 875· Fla. 2d DCA· 2009-06-24 ·cited 3×
  The court held that the petitioner's numerous filings were frivolous and denied his petition for writ of habeas corpus, while also restricting future pro se filings.
• Diaz v. State
  8 So. 3d 1144· Fla. 3d DCA· 2009-06-05 ·cited 3×·via Writ Of Habeas Corpus
  Reinaldo Diaz petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel over ten years after his conviction became final. The court dismissed the petition as untimely under Florida Rule of Appellate Procedure 9.141(d)(5), which imposes strict tim
• Miller v. Murrah
  14 So. 3d 1019· Fla. 5th DCA· 2009-05-15 ·cited 3×·via Writ Of Habeas Corpus
• S.B. v. Parkins
  10 So. 3d 207· Fla. 1st DCA· 2009-04-16 ·cited 3×
  A minor child petitioned for habeas corpus relief after being held in secure detention beyond the statutory 21-day limit without an adjudicatory hearing having commenced. The Florida appellate court granted the writ, holding that the trial court lacked statutory authority to exte
• Curry v. State
  7 So. 3d 633· Fla. 3d DCA· 2009-04-15 ·cited 3×
  The appellate court affirmed the trial court's order denying the petition for writ of habeas corpus, clarifying that the denial was without prejudice.
• Chay Alexander v. Broward Cnty. Sheriff's Off. & Al Lamberti
  6 So. 3d 707· Fla. 4th DCA· 2009-04-01 ·cited 3×
  The Fourth District Court of Appeal granted habeas corpus relief and reduced an excessive bond of $1,251,100 for a defendant charged with drug trafficking offenses, finding the amount unreasonable given his modest income, lack of assets, community ties, and no flight risk.
• Johnson v. State
  3 So. 3d 426· Fla. 4th DCA· 2009-02-18 ·cited 3×
• Batista v. State
  993 So. 2d 93· Fla. 5th DCA· 2008-10-10 ·cited 3×
  While jurisdiction may lie in Orange County, the petition was properly dismissed as an improper, successive, and time-barred collateral attack on the conviction and sentence.
• Tarver v. Fla. Parole Comm'n
  990 So. 2d 577· Fla. 3d DCA· 2008-07-30 ·cited 3×·via Writ Of Habeas Corpus