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

• Jefferson v. Fla. Parole Comm'n
  982 So. 2d 743· Fla. 2d DCA· 2008-04-30 ·cited 3×
  Gregory Jefferson petitioned for a writ of certiorari challenging the Florida Parole Commission's revocation of his conditional release supervision. The court held that Jefferson's state sentence was coterminous with his federal sentence and therefore ended upon his release from
• Smith v. Fla. Parole Comm'n
  971 So. 2d 1028· Fla. 1st DCA· 2008-01-10 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the Parole Commission's revocation of parole was improper without a finding that the violation was willful.
• Forisso v. State
  968 So. 2d 677· Fla. 4th DCA· 2007-11-14 ·cited 3×·via Habeas Corpus Petition
  Court affirmed the summary denial of defendant's rule 3.850 post-conviction relief motion because he failed to clearly articulate how trial counsel was ineffective regarding a double jeopardy motion to dismiss, and held that ineffective assistance of appellate counsel claims must
• Cooper v. State
  970 So. 2d 368· Fla. 3d DCA· 2007-10-17 ·cited 3×
  The denial of the petition for a writ of habeas corpus is affirmed, but without prejudice to refile in the proper venue and form.
• Baehren v. State
  962 So. 2d 417· Fla. 4th DCA· 2007-08-20 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court must hold an evidentiary hearing to determine if probable cause for a new offense still exists after the state filed a 'no information' and victims recanted.
• Johnson v. Fla. Parole Comm'n
  958 So. 2d 1109· Fla. 1st DCA· 2007-06-21 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the circuit court erred by not requiring a finding of willful violation before revoking conditional release.
• Starling v. Fla. Parole Comm'n
  959 So. 2d 753· Fla. 1st DCA· 2007-04-19 ·cited 3×
• Horton v. State
  943 So. 2d 859· Fla. 1st DCA· 2006-11-08 ·cited 3×
  Horton sought habeas corpus and certiorari relief challenging the Department of Corrections' authority to forfeit gain-time credits he earned before his initial release, even though the trial court awarded him credit for time served in a plea agreement for probation violation. Th
• Corrie Kelly v. State
  939 So. 2d 1150· Fla. 5th DCA· 2006-10-19 ·cited 3×·via Writ Of Habeas Corpus
  Court granted habeas corpus petition and ordered trial court to conduct pretrial release hearing because state failed to file motion for pretrial detention as required by Florida Rule of Criminal Procedure 3.132.
• Thomas v. McDonough
  2006 U.S. Dist. LEXIS 68770· M.D. Fla.· 2006-09-25 ·cited 3×
  The court held that attorney negligence or miscalculation does not constitute extraordinary circumstances for equitable tolling of the one-year federal habeas limitations period, and petitioners are responsible for timely filing.
• Holmes v. State
  933 So. 2d 1205· Fla. 2d DCA· 2006-06-30 ·cited 3×
  Ronald Holmes, a homeless man, was detained for 60 days in jail pending trial on a municipal ordinance violation (panhandling without a permit). The court granted his habeas corpus petition because he had already served the maximum possible sentence for the offense before guilt w
• McAFFEE v. State
  925 So. 2d 1069· Fla. 2d DCA· 2006-03-08 ·cited 3×·via Writ Of Habeas Corpus
• Blanchard v. State
  909 So. 2d 352· Fla. 5th DCA· 2005-07-22 ·cited 3×·via Writ Of Habeas Corpus
  Maurice Blanchard appeals the summary denial of his third Rule 3.850 motion, claiming he is entitled to relief based on Delgado v. State, which redefined the burglary statute's "remaining in" requirement to apply only to surreptitious remaining. The appellate court affirmed the t
• T.W. v. Edwards-Ellis
  903 So. 2d 1050· Fla. 1st DCA· 2005-06-17 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the juvenile was statutorily entitled to release from secure detention after five days.
• Grossman v. Crosby
  359 F. Supp. 2d 1233· M.D. Fla.· 2005-01-31 ·cited 3×
  The court denied Petitioner Martin E. Grossman's amended petition for a writ of habeas corpus.
• Hansel Clarke v. Regier
  881 So. 2d 656· Fla. 3d DCA· 2004-08-18 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court erred in continuing involuntary commitment despite uncontroverted expert testimony that the petitioner no longer met the criteria.
• LEE v. Bieluch
  855 So. 2d 713· Fla. 4th DCA· 2003-10-08 ·cited 3×·via Writ Of Habeas Corpus
  Daniel Lee sought habeas corpus review of a circuit court's denial of his motion to reduce his bond after the state dismissed a robbery charge that had prompted the original bond increase. The Fourth District Court of Appeal granted the petition, holding that the state failed to
• Hughes v. Eleventh Judicial Circuit of Florida
  274 F. Supp. 2d 1334· S.D. Fla.· 2003-08-05 ·cited 3×
  Federal law governing pilot qualifications and capacity to operate commercial aircraft in interstate commerce preempts state criminal laws, and therefore, the state lacks jurisdiction to prosecute federally certified pilots for operating an aircraft while under the influence of a
• Kelley v. Singletary
  222 F. Supp. 2d 1357· S.D. Fla.· 2002-09-19 ·cited 3×·via Habeas Corpus Petition
  The court held that the state's suppression of exculpatory and impeachment evidence, including information about John Sweet's immunity deal and the transcript of his first trial, constituted a Brady violation that undermined confidence in the verdict.
• M.W. the Mother of J.W. v. Dep't of Child. & Families
  792 So. 2d 1241· Fla. 1st DCA· 2001-08-30 ·cited 3×
  The appellate court reversed the trial court's summary denial of a habeas corpus petition and remanded for the trial court to properly consider the mother's request for a belated appeal in a parental rights termination case, requiring findings of fact on entitlement to the belate
• Maggard v. State
  790 So. 2d 506· Fla. 5th DCA· 2001-06-22 ·cited 3×
  John Maggard, a death-row inmate, sought review of his third Rule 3.850 post-conviction motion alleging perjured testimony by a prosecution witness. The court affirmed the trial court's denial and imposed sanctions barring Maggard from filing further pro se pleadings without atto
• Dennis v. State
  769 So. 2d 511· Fla. 5th DCA· 2000-10-20 ·cited 3×·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus cannot be used to raise issues that were or could have been raised on direct appeal or in prior post-conviction proceedings.
• Najjar v. Reno
  97 F. Supp. 2d 1329· S.D. Fla.· 2000-05-31 ·cited 3×
  The court held that it had jurisdiction to review the petitioner's habeas corpus petition challenging his detention without bond, as the bond redetermination was a separate proceeding from the final order of deportation. The court vacated the bond redetermination decisions and re
• Stokes v. State
  756 So. 2d 1100· Fla. 4th DCA· 2000-05-03 ·cited 3×
• Poitier v. Spears
  750 So. 2d 767· Fla. 3d DCA· 2000-02-09 ·cited 3×·via Habeas Corpus Petition
• Reniewicz v. State
  734 So. 2d 1115· Fla. 2d DCA· 1999-05-07 ·cited 3×·via Writ Of Habeas Corpus
  The court held that the trial court properly denied the petition for a writ of habeas corpus because the extradition demand complied with statutory requirements.
• Derwin Norris v. Fla. Dep't OF Corr.
  721 So. 2d 1235· Fla. 1st DCA· 1998-12-21 ·cited 3×·via Writ Of Habeas Corpus
• Mayers v. Reno
  977 F. Supp. 1457· S.D. Fla.· 1997-08-25 ·cited 3×
  Federal district courts lack subject matter jurisdiction to review final orders of deportation for aliens deportable due to certain criminal offenses, as AEDPA and IIRIRA have divested such jurisdiction, including habeas corpus review.
• Mozell Fleming v. State
  697 So. 2d 1322· Fla. 5th DCA· 1997-08-22 ·cited 3×
• Hennig v. Prummell
  198 So. 3d 17· Fla. 2d DCA· 1997-04-21 ·cited 3×
  Gary Hennig petitioned for a writ of prohibition and habeas corpus challenging the trial court's jurisdiction to adjudicate a probation violation based on crimes committed in Ohio during a previously revoked probation term. The Florida Second District Court of Appeal held that a
• Dorsey A. Sanders, III v. State
  689 So. 2d 410· Fla. 5th DCA· 1997-03-07 ·cited 3×·via Writ Of Habeas Corpus
  Sanders appeals the denial of his Rule 3.850 post-conviction motion challenging the admission of hearsay testimony about statements made by a contract killer. Sanders argues that because a co-defendant's convictions were reversed on appeal due to the same hearsay evidence being e
• Singer v. Cochran
  685 So. 2d 36· Fla. 4th DCA· 1996-12-04 ·cited 3×
• Gaffney v. State
  681 So. 2d 1211· Fla. 5th DCA· 1996-11-01 ·cited 3×
  Court vacated the trial court's denial of habeas corpus petition because the trial court lacked territorial jurisdiction where the defendant was detained in a different county than where the petition was filed.
• Johnson v. State
  676 So. 2d 1017· Fla. 5th DCA· 1996-06-21 ·cited 3×
• Siravo v. Roxanne Siravo and the Honorable Leonard Fleet
  670 So. 2d 983· Fla. 4th DCA· 1996-01-30 ·cited 3×
  The court held that a writ of ne exeat cannot be used as a substitute for other enforcement remedies like contempt or injunction to force a party to post security or produce assets to satisfy a judgment.
• Manrique Carreno v. Johnson
  899 F. Supp. 624· S.D. Fla.· 1995-09-22 ·cited 3×
  The court held that the extradition statute, 18 U.S.C. § 3184, is constitutional as applied to the petitioner, and thus denied his petition for a writ of habeas corpus.
• Adm'r, Retreat Hosp. v. The Honorable W. Clayton Johnson of the Cir. Court of the Seventeenth Jud. Cir. In & For Broward Cnty.
  660 So. 2d 333· Fla. 4th DCA· 1995-08-30 ·cited 3×
  Hospital sought writs of prohibition and quo warranto to prevent a trial court from expanding judicial review of Baker Act transportation procedures beyond the original habeas corpus petitions filed by the Public Defender. The court held that while the trial court had jurisdictio
• ROY v. Honorable James L. Tomlinson
  639 So. 2d 1112· Fla. 1st DCA· 1994-07-25 ·cited 3×
  Robert David Roy sought a writ of prohibition challenging an order denying his motion to disqualify County Judge Pierce from hearing his habeas corpus petition. The court held that Judge Pierce lacked statutory authority to preside over habeas corpus matters and that his motion t
• Reilly v. Florida
  847 F. Supp. 951· M.D. Fla.· 1994-03-31 ·cited 3×
  The court denied Petitioner's writ of habeas corpus, finding his claims regarding the constitutionality of Florida statutes, double jeopardy, sufficiency of evidence, right to self-representation, and state sentencing procedures lacked merit or were not reviewable.
• Waymon Spriggs, Jr. v. Collins
  993 F.2d 85· 5th Cir.· 1993-06-14 ·cited 3×
  The court held that while counsel was deficient for failing to object to inaccurate information in the presentence investigation report, the appellant failed to demonstrate prejudice from this deficiency.
• Ramseur v. Beyer
  983 F.2d 1215· 3d Cir.· 1992-12-31 ·cited 3×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court did not definitively rule on whether a new indictment can cure a prior constitutionally defective indictment, leaving the question open for future cases.
• Higgs v. State
  599 So. 2d 274· Fla. 5th DCA· 1992-05-29 ·cited 3×
  Robert Higgs sought habeas corpus relief claiming his appeal rights were violated when a trial court denied his motion to proceed in forma pauperis, allegedly because no appeal was timely filed. The court held that under the 'mailbox rule,' a notice of appeal is deemed filed when
• Goethel v. Lawrence
  599 So. 2d 232· Fla. 3d DCA· 1992-05-19 ·cited 3×·via Writ Of Habeas Corpus
• Johnson v. Armontrout
  961 F.2d 748· 8th Cir.· 1992-04-10 ·cited 3×·via Habeas Corpus Petition
  The court held that a defendant is deprived of his constitutional right to an impartial jury and effective counsel when jurors who convicted a co-defendant in the same crime are empaneled without sufficient inquiry into their bias, and counsel fails to challenge them for cause.
• King v. Byrd
  590 So. 2d 2· Fla. 1st DCA· 1991-11-18 ·cited 3×
  Patty Elizabeth King challenges the revocation of her pretrial release and detention without bond following a mistrial in her drug trafficking case. The appellate court denies her habeas corpus petition without prejudice, finding the record inadequate and directing her to first s
• Derden v. Sheriff Sammie McNEEL & Attorney General-State of Miss.
  938 F.2d 605· 5th Cir.· 1991-08-16 ·cited 3×
  The court held that the majority's 'scatter-gun cumulation of error' improperly vitiates a jury verdict supported by considerable evidence, failing to adhere to the restraint required in habeas corpus review.
• Rosario Spatola v. United States
  925 F.2d 615· 2d Cir.· 1991-02-19 ·cited 3×
  A certified copy of a foreign conviction, obtained after a trial where the defendant was present and represented by counsel, is sufficient to establish probable cause for extradition.
• Elzra Wiggerfall v. Jones
  918 F.2d 1544· 11th Cir.· 1990-12-14 ·cited 3×
  A conviction obtained when the jury was precluded by statute from considering lesser included noncapital offenses violates due process, and this error is not rendered harmless by the judge's subsequent commutation of a death sentence to life imprisonment.
• Gonzalez v. W.A. Perrill
  919 F.2d 1· 2d Cir.· 1990-11-08 ·cited 3×
  The court held that a petitioner must exhaust administrative remedies before seeking habeas corpus relief, even if claiming entitlement to immediate release.
• Bernt Meyer v. State
  570 So. 2d 1001· Fla. 2d DCA· 1990-09-12 ·cited 3×
  Meyer, a former attorney convicted of tampering with a witness and conspiracy to tamper with a witness in 1987, challenged his convictions via habeas corpus and a rule 3.850 motion for postconviction relief, arguing the statute under which he was convicted had been held unconstit