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
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390 F.2d 801·
9th Cir.·
1967-12-27
·cited 3×
The concurring opinion agrees with the majority's result but emphasizes that substantial contentions remain to be adjudicated by higher courts.
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Ray, an 18-year-old convicted of burglary and assault without counsel representation in 1945, petitioned for habeas corpus relief. The Florida Supreme Court, applying Gideon v. Wainwright retroactively, held that Ray was constitutionally entitled to a new trial because he was den
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194 So. 2d 53·
Fla. 1st DCA·
1967-01-17
·cited 3×
A writ of habeas corpus was properly denied because the petitioner failed to establish unlawful confinement entitling him to immediate release.
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181 So. 2d 746·
Fla. 1st DCA·
1966-01-18
·cited 3×
The court held that a habeas corpus petition is inappropriate if the petitioner has failed to exhaust remedies under Criminal Procedure Rule 1 or if relief has been denied under Rule 1, unless the remedy is inadequate.
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181 So. 2d 161·
Fla.·
1965-12-15
·cited 3×
Petitioner Robert Trepanier, held under 1960 felony convictions based on guilty pleas, challenged his conviction claiming he was not advised of his right to state-appointed counsel. The Florida Supreme Court held that petitioner was entitled to an evidentiary hearing to determine
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The court held that the trial court did not err in denying the motion to vacate judgments and sentences, as the record demonstrated the appellant was accorded his constitutional rights and knowingly waived counsel.
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The court held that the petitioner was lawfully held under lawful trial and commitment, and that his claims of denial of jury trial and counsel were not supported by the record.
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286 F.2d 635·
4th Cir.·
1960-12-17
·cited 3×
The court held that the petition for a writ of habeas corpus was premature and lacked merit, and therefore denied the certificate of probable cause.
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The court held that a statute permits conditioning a habeas corpus discharge on posting a bond to guarantee appearance for appellate review.
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The court held that the habeas corpus petition should be transferred to the district court for a determination of whether state remedies have been exhausted.
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206 F.2d 191·
9th Cir.·
1953-06-26
·cited 3×
The appellate court denied the motion for bail pending appeal, holding that it lacked the authority to grant bail in habeas corpus proceedings under Supreme Court Rule 45, which vests such authority solely in the trial court.
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The court held that the denial of motions for a writ of habeas corpus and for appointment of counsel during new trial proceedings are not final decisions and thus not immediately appealable.
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Ruffie Lundon petitioned for a writ of habeas corpus to prevent his execution by electrocution under a 1941 Florida statute. The Florida Supreme Court denied the petition, holding that the statute was constitutional and that issues previously determined at trial cannot be relitig
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150 Fla. 395·
Fla.·
1942-04-14
·cited 3×
The Florida Supreme Court granted a writ of habeas corpus to A. Joseph Daoud, who was convicted under Miami Beach ordinances that the Court found unconstitutional and violated his non-conforming use rights under the original zoning ordinance. The Court held that Daoud, having lea
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The Florida Supreme Court quashed a rule nisi in prohibition, holding that a circuit court has the power to find a party in contempt, even if that finding is erroneous and subject to review by habeas corpus. The court found that prohibition was not the proper remedy to challenge
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The Florida Supreme Court held that a Palm Beach ordinance prohibiting picketing and assembly to induce others to refrain from patronizing a business was unconstitutional as beyond the town's charter power to regulate peaceable assembly and free speech. The ordinance was void bec
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This case concerns a father's right to custody of his children after being declared sane and restored to liberty. The court found that a prior ruling on the fitness of a guardian for the children did not definitively settle the father's right to custody.
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Perry Acree sought habeas corpus discharge from a murder conviction, arguing the grand jury that indicted him was improperly recalled after the court term had adjourned. The Florida Supreme Court rejected this challenge, holding that the court's recess (not adjournment sine die)
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The petition for a writ of habeas corpus is dismissed as untimely.
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2025 WL 3442706·
M.D. Fla.·
2025-12-16
·cited 2×
The court held that the petitioner is detained under 8 U.S.C. § 1226(a) and is entitled to a bond hearing. The court has jurisdiction and exhaustion of administrative remedies is excused.
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Richard Barry Randolph was convicted and sentenced to death in 1988 for the brutal murder of a convenience store manager. Following issuance of a death warrant with an execution date of November 20, 2025, Randolph filed his fourth successive postconviction motion raising three cl
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The court held that Jennings's clemency claim was untimely and procedurally barred because he raised it thirty-six years after his clemency denial and failed to demonstrate any exception to the timeliness requirements. The court held that Jennings was not denied due process despi
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S.D. Fla.·
2025-09-10
·cited 2×
The court denied the petitioner's motion for reconsideration, finding she failed to present new evidence or demonstrate manifest error of law or fact, and that her arguments were either untimely or legally insufficient.
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The court denied Petitioner's claims 11, 14, and 16 on the merits, finding no violation of federal law or unreasonable determination of facts by the state court.
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2008 WL 2782757·
M.D. Fla.·
2025-05-20
·cited 2×
The court lacks jurisdiction over the petition for writ of habeas corpus because the petitioner is no longer in custody for the challenged conviction and has previously filed successive petitions. Jurisdiction for a § 2241 petition lies only in the district of confinement.
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2023 WL 3394161·
M.D. Fla.·
2025-03-24
·cited 2×
The court held that it lacked jurisdiction to consider a motion for an extension of time to file a habeas petition when no petition had been filed.
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2015 WL 4651090·
M.D. Fla.·
2024-08-26
·cited 2×
The federal district court sua sponte raised concerns about a potential conflict of interest where petitioner's counsel represented him in both state post-conviction Rule 3.850 proceedings and the present federal habeas corpus action. The court stayed the proceedings and ordered
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394 So. 3d 207·
Fla. 3d DCA·
2024-07-24
·cited 2×
Petitioners challenged the constitutionality of Florida Statute section 907.041(5)(b), which prohibits judges from granting nonmonetary pretrial release at first appearance for persons arrested for dangerous crimes including misdemeanor domestic violence. The Third District Court
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2014 WL 12929717·
S.D. Fla.·
2023-11-30
·cited 2×
A district court lacks subject-matter jurisdiction to entertain a second or successive petition for a writ of habeas corpus when the petitioner has not obtained prior authorization from the court of appeals.
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2021 WL 247917·
S.D. Fla.·
2023-09-27
·cited 2×
A resentencing order that is nunc pro tunc to the original judgment does not create a 'new judgment' for purposes of filing a second or successive federal habeas corpus petition.
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371 So. 3d 1002·
Fla. 5th DCA·
2023-09-22
·cited 2×
A successive petition for writ of habeas corpus that fails to establish illegal detention or manifest injustice must be dismissed as unauthorized.
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2023 WL 4110233·
S.D. Fla.·
2023-07-05
·cited 2×
A federal prisoner cannot use the § 2241 saving clause to circumvent the bar on second or successive § 2255 motions when the claim arises from a new interpretation of statutory law.
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A trial court must provide advance notice to a defendant, through counsel, that his presence in court is required before issuing a bench warrant.
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361 So. 3d 235·
Fla.·
2023-03-16
·cited 2×
The Florida Supreme Court sanctioned inmate LaDon Green for abusing the court's judicial resources through a pattern of fourteen meritless pro se habeas corpus petitions raising the same claims repeatedly. The Court barred him from filing future pleadings related to his convictio
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The court denied the petitioner's motion to alter or amend the judgment because it was untimely and, even if construed as a Rule 60(b) motion, failed to show a basis for relief.
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The Court denied Petitioner's motion for release because the preliminary injunction he relied upon was vacated.
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2022 WL 1234728·
M.D. Fla.·
2022-07-05
·cited 2×
The court held that the petitioner failed to demonstrate extraordinary circumstances to justify relief from the judgment dismissing his habeas petition as untimely.
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S.D. Fla.·
2022-05-06
·cited 2×
A Certificate of Appealability (COA) shall not issue regarding the denial of the Petitioner's motion to alter and amend judgment.
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2018 WL 795732·
M.D. Fla.·
2022-03-08
·cited 2×
The court held that a federal inmate cannot use a § 2241 petition to challenge his sentence when § 2255 is an adequate remedy.
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Luis La-Casse filed a frivolous habeas corpus petition in the Florida Third District Court of Appeal, continuing a pattern of meritless pro se filings despite prior warnings. The court ordered La-Casse to show cause why he should not be prohibited from filing further pro se petit
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46 Fla. L. Weekly D1065·
Fla. 3d DCA·
2021-06-25
·cited 2×
Wesley Ward petitioned for habeas corpus relief, challenging his detention without bond after violating conditions of his pretrial release. The court granted the petition, finding that Ward was charged with bondable offenses and the trial court failed to follow statutory procedur
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45 Fla. L. Weekly S96·
Fla. 1st DCA·
2021-06-04
·cited 2×
The appellate court denied Gary Earven's petition for new appellate counsel and a new appeal, finding his former counsel was not ineffective. The court reasoned that counsel's failure to cite federal authorities or appeal a jury instruction did not fall outside the range of compe
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317 So. 3d 1207·
Fla. 3d DCA·
2021-02-24
·cited 2×
Appellate counsel's failure to raise fundamental error in the trial court's omission of the standard jury instruction on reasonable doubt constitutes ineffective assistance of appellate counsel requiring reversal and a new trial.
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310 So. 3d 1051·
Fla. 2d DCA·
2020-10-28
·cited 2×
The appellate court reversed a lower court's dismissal of a habeas corpus petition. The court agreed that the Department of Corrections improperly reduced the appellant's jail credit, which was contrary to the original plea agreement and sentencing.
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303 So. 3d 269·
Fla. 2d DCA·
2020-09-09
·cited 2×
Shird Myrick filed a petition for a writ of habeas corpus in DeSoto County Circuit Court challenging his grand theft conviction. The circuit court converted the habeas petition to a Florida Rule of Criminal Procedure 3.850 motion and transferred the case to Dade County, where Myr
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305 So. 3d 755·
Fla. 3d DCA·
2020-05-20
·cited 2×
The court denied a petition for a writ of habeas corpus, finding that the petitioner, who had voluntarily dismissed his direct appeal in reliance on a plea agreement that was later dishonored, could not revive his appeal through habeas corpus. The court reasoned that by pleading
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The trial court erred by instructing the jury to disregard evidence that was actually admitted during trial when Defendant argued his lack of intent during closing argument, and by admitting a 9mm firearm bearing Defendant's DNA that had no sufficient nexus to the crimes charged.
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The trial court properly denied Cannon's postconviction claims of ineffective assistance of counsel because counsel's performance was not deficient or Cannon failed to establish prejudice. Appellate counsel was not ineffective for failing to raise a claim challenging racially mot
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The court held that a probationary term exceeding the statutory maximum for a life felony is illegal ab initio, and a defendant cannot be lawfully detained for violating such a term.
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279 So. 3d 307·
Fla. 1st DCA·
2019-08-30
·cited 2×
The petitioner sought habeas corpus relief challenging an illegal sentence imposed in 2018 for a third-degree felony that carried a statutory maximum of five years, but was sentenced to ten years in prison based on erroneous classification as a second-degree felony. The court gra