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

• Wells Fargo Bank v. Ordonez
  15 Fla. L. Weekly Supp. 1· Fla. 2d DCA· 2019-05-24 ·cited 2×
  A loan renewal that does not add obligors and merely changes the interest rate, maturity date, or payment terms is not subject to documentary stamp tax when tax was previously paid on the original document.
• Rodriguez v. State of Fla. & Bryan Holt
  269 So. 3d 639· Fla. 5th DCA· 2019-04-24 ·cited 2×
  When the State does not file a motion for pretrial detention at first appearance and the defendant is not charged with a capital or life felony, the trial court must conduct a hearing to determine conditions of release under Florida Rules of Criminal Procedure 3.131 and 3.132, ra
• Roland v. State
  267 So. 3d 449· Fla. 4th DCA· 2019-04-03 ·cited 2×
  Kevin Roland appealed a sanction order prohibiting him from filing further pro se motions. Although Roland repeatedly raised a meritless postconviction claim regarding fingerprint evidence and his PRR sentence qualification, the court held that the trial court abused its discreti
• Junior v. Lacroix
  263 So. 3d 159· Fla. 3d DCA· 2018-12-27 ·cited 2×
  Daniel Junior, director of Miami-Dade County Corrections, appealed a trial court's writ of habeas corpus that ordered the release of James LaCroix despite a federal immigration detainer and declared the county's immigration detainer policy unconstitutional under the Tenth Amendme
• Rivera v. State
  260 So. 3d 920· Fla.· 2018-12-20 ·cited 2×
  Michael T. Rivera appeals the denial of his second successive motion for postconviction relief under Florida's capital postconviction rules, arguing he is entitled to relief under Hurst v. State based on changes to Florida's death penalty statute. The Florida Supreme Court affirm
• Grant v. State
  257 So. 3d 1223· Fla. 3d DCA· 2018-11-16 ·cited 2×·via Writ Of Habeas Corpus
  A bench warrant must be quashed where the defendant was not given sufficiently clear notice that personal appearance would be required in court, even though he had executed a written waiver of appearance.
• Cannon v. State
  253 So. 3d 1200· Fla. 2d DCA· 2018-08-17 ·cited 2×
  A trial court may not issue a capias warrant for failure to appear at a pretrial conference when the defendant has filed a valid waiver of appearance under Florida Rule of Criminal Procedure 3.180(a)(3) and has not received adequate notice that his appearance was mandatory despit
• Westberry v. State
  246 So. 3d 1308· Fla. 3d DCA· 2018-07-27 ·cited 2×·via Writ Of Habeas Corpus
  A trial court that wishes to require a defendant's personal presence despite a valid written waiver must clearly advise the defendant and defense counsel that presence is required.
• Smith v. Fla. Dep't of Corr.
  255 So. 3d 916· Fla. 2d DCA· 2018-06-01 ·cited 2×
  Smith validly waived his right to a conditional release violation hearing by initially postponing it and then initialing and signing an amended notice that contained language indicating he was waiving his right to a hearing. The failure to provide a formal waiver document for the
• Taylor v. State
  246 So. 3d 231· Fla.· 2018-05-03 ·cited 2×·via Writ Of Habeas Corpus
  Perry Taylor, a death row inmate, appealed the denial of his successive motion for postconviction relief, arguing newly discovered evidence (a recantation affidavit from Dr. Miller) and Hurst violations. The Florida Supreme Court affirmed the denial, holding that Dr. Miller's aff
• Lonzo L. Sparrow, Jr. v. State
  43 Fla. L. Weekly D358· Fla. 5th DCA· 2018-03-05 ·cited 2×·via Writ Of Habeas Corpus
  A trial court lacks authority under Florida law to order a defendant detained pending a hearing to establish the legitimate source of bail funds, though it may inquire into fund sources as part of determining whether bail is sufficient to assure appearance.
• Levory William Hickmon v. Jones
  237 So. 3d 932· Fla.· 2018-03-01 ·cited 2×·via Writ Of Habeas Corpus
  The Florida Supreme Court sanctioned a habeas corpus petitioner for abusing the court's judicial resources through a pattern of vexatious pro se filings. The court barred Levory William Hickmon from filing future pro se pleadings unless represented by counsel, finding that his fo
• Toney Deron Davis v. Jones
  235 So. 3d 301· Fla.· 2018-01-30 ·cited 2×·via Habeas Corpus Petition
  Florida Supreme Court denies habeas corpus petition for Hurst relief because petitioner's death sentence became final in 1998, before Hurst's retroactive application date.
• Booker v. Jones
  235 So. 3d 298· Fla.· 2018-01-30 ·cited 2×·via Habeas Corpus Petition
  Florida Supreme Court denies habeas corpus petition seeking retroactive application of Hurst v. Florida because petitioner's death sentence became final in 2001, before Hurst was decided.
• Rhagnanan v. State
  232 So. 3d 524· Fla. 5th DCA· 2017-12-27 ·cited 2×·via Writ Of Habeas Corpus
  Anthony Ray Rhagnanan petitioned for a writ of habeas corpus challenging his pretrial detention on an attempted second-degree murder charge. The Florida Fifth District Court of Appeal granted the petition, finding that the trial court failed to follow the procedural requirements
• Fails v. Jones
  219 So. 3d 790· Fla.· 2017-06-15 ·cited 2×
  The Florida Supreme Court imposed pro se filing restrictions on an inmate who had filed 27 extraordinary writ petitions since 2008, with 13 pertaining to the same conviction. The Court found Fails' habeas petition challenging his convictions for attempted sexual battery and aggra
• Zakrzewski v. Jones
  221 So. 3d 1159· Fla.· 2017-05-25 ·cited 2×
  Edward Zakrzewski petitioned for habeas corpus relief based on Hurst v. Florida, claiming his 1994 death sentences were unconstitutional. The Florida Supreme Court affirmed his three death sentences, holding that Hurst does not apply retroactively to sentences that became final b
• F.P. v. State
  216 So. 3d 762· Fla. 5th DCA· 2017-04-21 ·cited 2×·via Writ Of Habeas Corpus
  The trial court's order finding F.P. in indirect contempt and ordering detention is quashed because it failed to follow mandatory procedures.
• C.W. v. State
  214 So. 3d 796· Fla. 5th DCA· 2017-04-12 ·cited 2×·via Writ Of Habeas Corpus
  C.W. petitioned for a writ of habeas corpus challenging his involuntary psychiatric commitment at Halifax Health Medical Center under Florida's Baker Act. The circuit court denied the petition, but the appellate court granted it after the State conceded error, finding insufficien
• Desue v. Jones
  213 So. 3d 801· Fla.· 2017-03-23 ·cited 2×
  The Florida Supreme Court sanctioned Michael Charles Desue, a state prisoner who had filed twenty-seven frivolous petitions with the Court, by barring him from filing future pro se pleadings concerning his 1987 forgery convictions and 1992 robbery convictions unless represented b
• Solomon D. Roberts v. Jones
  213 So. 3d 912· Fla.· 2017-03-23 ·cited 2×
  The Florida Supreme Court imposed sanctions on Solomon Roberts, a pro se prisoner who filed his twenty-fifth petition since 2000, by barring him from filing future pro se pleadings regarding his 1982 convictions unless represented by counsel. The court found Roberts' repeated fil
• Bond v. State
  206 So. 3d 850· Fla. 1st DCA· 2016-12-30 ·cited 2×·via Writ Of Habeas Corpus
  The appeal from an order denying discovery in a post-conviction proceeding is premature because no final order disposing of the post-conviction relief motion has been rendered.
• Simmons v. State
  207 So. 3d 860· Fla.· 2016-12-22 ·cited 2×·via Writ Of Habeas Corpus
  Eric Lee Simmons was convicted of murder and sentenced to death. On appeal following a resentencing proceeding, the Florida Supreme Court vacated the death sentence based on Hurst v. Florida, holding that the jury failed to unanimously find that aggravating factors were sufficien
• M.D.E. v. State
  206 So. 3d 152· Fla. 5th DCA· 2016-12-09 ·cited 2×
  M.D.E., a child detained on a battery charge, sought habeas corpus relief challenging his continued detention beyond the statutory 21-day limit. The court granted the petition and ordered his immediate release, finding the trial court violated Florida Statutes section 985.26(2) b
• Grimsley v. Jones
  213 So. 3d 353· Fla.· 2016-11-23 ·cited 2×
  The Florida Supreme Court dismissed Kenneth Grimsley's habeas corpus petition—his twelfth frivolous filing since 2005—and imposed sanctions barring him from filing future pro se pleadings related to his convictions unless represented by a licensed attorney, finding his pattern of
• Jahman Whitfield v. Dep't OF Corr. & State of Fla.
  202 So. 3d 116· Fla. 5th DCA· 2016-10-14 ·cited 2×
  Jahman Whitfield appeals the denial of his habeas corpus petition challenging the sufficiency of the information charging him with sexual battery. The Fifth District Court of Appeal affirmed the denial, finding that while the trial court erred in its reasoning for denial, the pet
• Simmons v. State
  205 So. 3d 793· Fla. 2d DCA· 2016-09-28 ·cited 2×
  Abraham Simmons petitioned for relief claiming his appellate counsel was ineffective for failing to raise a sentencing issue. The court granted the petition in part, finding that Simmons' violent career criminal (VCC) sentence for criminal mischief was illegal because criminal mi
• Byrd v. Mascara
  197 So. 3d 1211· Fla. 4th DCA· 2016-07-20 ·cited 2×·via Writ Of Habeas Corpus
  Richard Byrd petitioned for a writ of habeas corpus challenging a $1.7 million bond set for various charges including racketeering, conspiracy, and fraud. The Florida appellate court granted the petition, finding the bond amount unreasonable under the circumstances and ordering a
• Grant v. State
  189 So. 3d 878· Fla. 4th DCA· 2016-02-24 ·cited 2×
  Jamie Grant petitioned for habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise on direct appeal the trial court's error in denying a jury instruction on the necessarily lesser-included offense of attempted armed robbery with a weapon. Th
• Maykel Beiro v. State
  140 So. 3d 590· Fla. 3d DCA· 2015-10-21 ·cited 2×
  The appellate court affirmed the denial of a successive and untimely petition for postconviction relief. The court held that the petitioner failed to demonstrate manifest injustice to overcome the procedural bars of the petition.
• Blaxton v. State
  179 So. 3d 358· Fla. 2d DCA· 2015-10-09 ·cited 2×·via Writ Of Habeas Corpus
  The court held that while the denial of postconviction motions is affirmed, the defendant may file a habeas corpus petition to address the issue of his unlawful confinement at the time of his escape, which could constitute a manifest injustice.
• Flowers v. State
  190 So. 3d 1085· Fla. 3d DCA· 2015-07-08 ·cited 2×·via Writ Of Habeas Corpus
  The court denied the amended petition for writ of habeas corpus and ordered the petitioner to show cause why he should not be prohibited from filing further pro se pleadings.
• Rollins v. Fla. Parole Comm'n
  170 So. 3d 7· Fla. 2d DCA· 2015-04-15 ·cited 2×
  Mack Rollins petitioned for certiorari review of a circuit court's denial of his habeas corpus petition challenging the revocation of his conditional release by the Florida Parole Commission. The court held that due process does not require a transcript of a parole revocation hea
• Antwyan M. Dorn v. State
  156 So. 3d 562· Fla. 3d DCA· 2015-01-21 ·cited 2×
  Antwyan Dorn appealed the denial of his habeas corpus petition filed in Miami-Dade County, where he is incarcerated. The court held that because Dorn's claims attack the validity of his underlying conviction rather than the legality of his current incarceration, only the Volusia
• Ponton v. State
  155 So. 3d 425· Fla. 3d DCA· 2014-12-31 ·cited 2×
  Alfonso Ponton, a pro se litigant, petitioned for writs of mandamus and habeas corpus challenging a circuit court's order prohibiting him from filing further pro se pleadings in three long-closed criminal cases. The Third District Court of Appeal dismissed both petitions, reaffir
• Denard v. State
  152 So. 3d 1257· Fla. 5th DCA· 2014-12-19 ·cited 2×
  Cameron Denard appeals the summary denial of his motion for postconviction relief filed beyond the two-year statutory deadline. The court reversed, holding that Denard's allegations that he retained counsel to timely file the motion but counsel neglected to do so raised a valid e
• Gibson v. State
  152 So. 3d 696· Fla. 4th DCA· 2014-11-26 ·cited 2×·via Writ Of Habeas Corpus
  Raul Gibson petitioned for habeas corpus relief alleging manifest injustice where his earlier ineffective assistance of appellate counsel petition was denied without citation. The Fourth District Court of Appeal granted the petition because a prior denial lacking citation to cont
• Todrick Roberts v. State
  149 So. 3d 733· Fla. 3d DCA· 2014-10-29 ·cited 2×·via Writ Of Habeas Corpus
  The court ordered the pro se litigant to show cause why he should not be prohibited from filing further pro se proceedings concerning his conviction and sentence.
• Nestor Rojas v. State
  148 So. 3d 818· Fla. 5th DCA· 2014-10-10 ·cited 2×
  The trial court properly dismissed an inmate's habeas corpus petition challenging conditions at one correctional facility as moot when the inmate was transferred to another facility.
• McKINNEY v. Crews
  141 So. 3d 1249· Fla. 1st DCA· 2014-07-08 ·cited 2×
• Starling v. State
  137 So. 3d 568· Fla. 2d DCA· 2014-04-25 ·cited 2×
  John Starling appeals the summary denial of his motion to vacate his sentence, claiming ineffective assistance of counsel regarding time-served credit at sentencing. The appellate court reversed because the trial court improperly treated his rule 3.850 motion as untimely under ru
• Williams v. Crews
  136 So. 3d 1119· Fla.· 2014-04-03 ·cited 2×
  The Florida Supreme Court imposed sanctions on an inmate who filed a frivolous habeas corpus petition containing false information and had abused the court system through eleven extraordinary writ petitions since 2012. The Court prohibited Williams from filing any further pro se
• Harmon v. State
  136 So. 3d 1223· Fla. 1st DCA· 2014-04-02 ·cited 2×·via Habeas Corpus Petition
  The court held that a prisoner who has repeatedly filed frivolous claims and appeals may be prohibited from filing further pro se pleadings and may face disciplinary procedures.
• Ward v. State
  133 So. 3d 1210· Fla. 1st DCA· 2014-03-12 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from making future pro se filings concerning the specific case due to abuse of the legal process through repeated attacks on his conviction and sentence.
• Sinclair v. State of Fla. & Michael D. Crews
  132 So. 3d 903· Fla. 1st DCA· 2014-02-13 ·cited 2×·via Writ Of Habeas Corpus
  Florida appellate court dismissed petitioner's repeated habeas corpus petition as unauthorized and warned of sanctions for frivolous filings after rejecting the same claim four times in one year.
• Barrett v. State
  123 So. 3d 665· Fla. 4th DCA· 2013-10-16 ·cited 2×
• Scharman v. Crews
  123 So. 3d 147· Fla. 1st DCA· 2013-10-16 ·cited 2×
  Cory Scharman, an inmate, appealed the dismissal of his habeas corpus petition challenging the non-award of credit for time previously served when his probation was revoked and he was resentenced. The Florida appellate court affirmed the dismissal on procedural grounds but clarif
• Treacy v. AI Lamberti
  141 So. 3d 174· Fla.· 2013-10-10 ·cited 2×
  The Florida Supreme Court held that juvenile offenders cannot be sentenced to life imprisonment under Graham v. Florida and Florida's current statutory scheme, and therefore are entitled to bond as a matter of right under the Florida Constitution. The Court rejected the Fourth Di
• Katracy Dawson v. State
  121 So. 3d 63· Fla. 3d DCA· 2013-08-28 ·cited 2×
  The court held that a pro se litigant who has repeatedly filed meritless petitions concerning his conviction and sentence will be prohibited from filing any further pro se appeals, pleadings, motions, or petitions related to those matters.
• Joseph v. State
  125 So. 3d 1020· Fla. 4th DCA· 2013-07-03 ·cited 2×
  Perry Joseph seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise additional arguments challenging the prosecutor's closing remarks and the admission of a police statement. The court denies the petition, finding that appellate counsel's o