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

• Golfe v. State
  125 So. 3d 876· Fla. 4th DCA· 2013-04-24 ·cited 2×
  The court held that the trial court did not abuse its discretion in denying appellant's frivolous postconviction challenges and in imposing sanctions for abuse of postconviction relief procedures.
• Ward v. State
  111 So. 3d 225· Fla. 2d DCA· 2013-04-10 ·cited 2×
  Michael Ward, civilly committed as a sexually violent predator under Florida's Jimmy Ryce Act, challenged his commitment by writ of habeas corpus, arguing that res judicata and collateral estoppel barred the 2011 commitment proceeding based on unsuccessful commitment attempts in
• Norman v. State
  110 So. 3d 472· Fla. 4th DCA· 2013-03-06 ·cited 2×
• Kendrick S. Wilson v. State
  109 So. 3d 240· Fla. 4th DCA· 2013-01-30 ·cited 2×·via Writ Of Habeas Corpus
  The Fourth District Court of Appeal affirmed the trial court's denial of appellant's untimely and successive motion for post-conviction relief, finding his complaints about the prosecutor's process in taking sworn testimony before filing the information were improper, untimely, a
• McCRAY v. State
  104 So. 3d 1201· Fla. 2d DCA· 2012-12-07 ·cited 2×
  Reginald McCray appeals the trial court's dismissal with prejudice of his habeas corpus petition, which functioned as his first postconviction proceeding. The court reversed, holding that a premature habeas petition filed as postconviction relief should not be dismissed with prej
• Gerry B. Greene v. Tucker
  113 So. 3d 45· Fla. 2d DCA· 2012-11-28 ·cited 2×
  Greene petitioned for a writ of certiorari challenging the circuit court's denial of his habeas corpus petition, which sought restoration of gain time forfeited when the Florida Parole Commission revoked his conditional release. The court held that restoration of forfeited gain t
• Isaiah Cameron v. State of Fla. & Al Lamberti
  127 So. 3d 549· Fla. 4th DCA· 2012-10-31 ·cited 2×
  Isaiah Cameron sought habeas corpus relief to reinstate his original bond conditions after the trial court sua sponte added supervision requirements and no-contact provisions following his restoration to competency. The Fourth District Court of Appeal granted the writ, holding th
• Khambriel Fluker v. Buss
  112 So. 3d 503· Fla. 3d DCA· 2012-10-17 ·cited 2×
  Appellate counsel was ineffective for failing to argue an erroneous jury instruction, requiring a new trial.
• Green v. Tucker
  101 So. 3d 358· Fla.· 2012-10-04 ·cited 2×
  The court held that the inmate's petition was procedurally barred and frivolous, warranting sanctions.
• Faella v. State
  90 So. 3d 995· Fla. 5th DCA· 2012-06-27 ·cited 2×·via Writ Of Habeas Corpus
  A trial court cannot sua sponte increase a defendant's bond without notice and a showing of good cause or changed circumstances.
• Luckey v. State
  84 So. 3d 423· Fla. 5th DCA· 2012-03-30 ·cited 2×
  Defendant's appeal of denial of postconviction relief motion was affirmed; claims of ineffective postconviction counsel must be raised via habeas corpus petition in trial court, not on direct appeal.
• Hall v. State
  85 So. 3d 1116· Fla. 4th DCA· 2012-03-07 ·cited 2×
  Andre Hall appealed the denial of his habeas corpus petition challenging his conviction based on alleged false testimony by a detective regarding Miranda warnings and prosecutor misconduct. The appellate court reversed and remanded, finding that while habeas relief was improper,
• Soto v. State
  89 So. 3d 263· Fla. 3d DCA· 2012-03-07 ·cited 2×·via Writ Of Habeas Corpus
  A trial court cannot revoke pretrial release once granted if there has been no change in circumstances or additional evidence presented.
• S.G. v. Vurro
  77 So. 3d 897· Fla. 2d DCA· 2012-01-20 ·cited 2×
  S.G., a juvenile, was sentenced to five days in secure detention for indirect criminal contempt of a truancy order. The Florida appellate court held that this detention was illegal because children who violate truancy orders are classified as "children in need of services" rather
• Ward v. State
  75 So. 3d 348· Fla. 1st DCA· 2011-11-16 ·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.
• Donovan v. Fla. Parole Comm'n
  72 So. 3d 339· Fla. 2d DCA· 2011-10-26 ·cited 2×
• Mehl v. Tucker
  71 So. 3d 248· Fla. 2d DCA· 2011-10-12 ·cited 2×
  The court denies the petition for writ of certiorari because the law changed during the pendency of the appeal and the petitioner may refile in the appropriate circuit.
• Taylor v. Fla. Parole Comm'n
  75 So. 3d 307· Fla. 1st DCA· 2011-10-06 ·cited 2×·via Writ Of Habeas Corpus
  The court held that the Parole Commission abused its discretion in revoking Petitioner's supervision, constituting a miscarriage of justice.
• Neal v. State
  65 So. 3d 66· Fla. 1st DCA· 2011-06-08 ·cited 2×·via Writ Of Habeas Corpus
  The court dismissed Neal's habeas corpus petition and imposed sanctions prohibiting him from filing future pro se pleadings without Bar counsel signature, citing his pattern of frivolous filings.
• Watkins v. Al Lamberti
  82 So. 3d 825· Fla. 4th DCA· 2011-03-25 ·cited 2×·via Habeas Corpus Petition
  In this habeas corpus petition challenging pretrial detention, the Florida Fourth District Court of Appeal upheld the trial court's denial of bond for a defendant charged with solicitation of premeditated murder. Although criminal solicitation of murder is not listed as a dangero
• Graham v. Fla. Parole Comm'n & Edwin G. Buss
  58 So. 3d 316· Fla. 1st DCA· 2011-03-16 ·cited 2×
  A parole revocation cannot be based solely on hearsay evidence; there must be some direct evidence in addition to the hearsay.
• Leighton v. State
  55 So. 3d 675· Fla. 5th DCA· 2011-02-23 ·cited 2×
  James Keith Leighton, a 23-year-old with minimal assets, challenged a $1.6 million bail set in his attempted first-degree murder case as excessive and tantamount to no bond. The Florida Fifth District Court of Appeal granted his habeas petition, holding that the bail amount was e
• Santiago-Lebron v. Fla. Parole Comm'n
  767 F. Supp. 2d 1340· S.D. Fla.· 2011-02-23 ·cited 2×
  The court affirmed the magistrate judge's report, denying the habeas corpus petition because the Bureau of Prisons' cancellation of the Spanish RDAP program did not violate the petitioner's constitutional rights.
• Minnich v. State
  130 So. 3d 695· Fla. 1st DCA· 2011-01-28 ·cited 2×
  Minnich challenges his 2006 conviction for attempted second-degree murder via habeas corpus, arguing that the jury instruction on attempted manslaughter by act contained fundamental error under the newly-decided Montgomery standard. The court grants the petition, finding that bec
• Smith v. State
  50 So. 3d 1214· Fla. 4th DCA· 2010-12-29 ·cited 2×·via Habeas Corpus Petition
  The court held that the defendant's motion for post-conviction relief was properly denied as untimely and successive, and warned against further abuse of the process.
• Jackson v. State
  47 So. 3d 378· Fla. 5th DCA· 2010-11-12 ·cited 2×·via Writ Of Habeas Corpus
• A.D. v. State
  45 So. 3d 575· Fla. 4th DCA· 2010-10-22 ·cited 2×
  A juvenile petitioned for habeas corpus relief after being placed in secure detention despite scoring nine points on a risk assessment instrument that called for only nonsecure detention. The court granted the petition because the circuit court failed to make written findings sup
• Carbonell v. Dep't OF Revenue
  30 So. 3d 664· Fla. 5th DCA· 2010-03-18 ·cited 2×
  The court held that the contempt order was invalid because it failed to make specific factual findings regarding the petitioner's present ability to pay the purge amount.
• Jimel Cofer v. State of Fla. & Fla. Parole Comm'n
  28 So. 3d 927· Fla. 4th DCA· 2010-02-10 ·cited 2×
  Jimel Cofer sought certiorari review of a circuit court order denying his habeas corpus petition challenging the Florida Parole Commission's revocation of his conditional release supervision. The Fourth District found that procedural due process was violated when Cofer was not gi
• Best v. State
  28 So. 3d 134· Fla. 5th DCA· 2010-02-05 ·cited 2×
  Dwight Best sought habeas corpus relief challenging a $320,000 bail set in his criminal case. The Florida appellate court granted the petition, finding that the trial judge had abused its discretion by setting bail intentionally unattainable based on the defendant's financial cir
• J.T.F. v. Housel
  37 So. 3d 279· Fla. 4th DCA· 2010-02-03 ·cited 2×·via Writ Of Habeas Corpus
  J.T.F., a detained juvenile, petitioned for habeas corpus relief, alleging illegal detention resulting from the court stacking detention time in violation of Florida law. The court agreed that the detention was improperly calculated but denied the petition as moot because the chi
• Perrys v. State
  22 So. 3d 740· Fla. 1st DCA· 2009-11-13 ·cited 2×·via Writ Of Habeas Corpus
  Perrys sought habeas corpus relief challenging his revocation of pretrial release. The court held that although Perrys was not entitled to immediate release, he was entitled to notice and a hearing in the trial court before his pretrial release could be revoked, even though the r
• Griffin v. McNeil
  667 F. Supp. 2d 1340· S.D. Fla.· 2009-10-15 ·cited 2×
  The court held that the petitioner's federal habeas corpus petition was not time-barred under the AEDPA's one-year statute of limitations due to continuous tolling during state post-conviction proceedings.
• Finney v. State
  9 So. 3d 741· Fla. 2d DCA· 2009-04-24 ·cited 2×
  Sandra Lee Finney challenges her probation revocation and resulting incarceration, arguing she was denied her constitutional right to counsel at her initial plea hearing and subsequent probation violation hearing. The appellate court reverses, holding that an indigent defendant f
• Rigueiro v. State
  23 So. 3d 127· Fla. 4th DCA· 2009-04-22 ·cited 2×·via Writ Of Habeas Corpus
  Andres Rigueiro petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The court denied the petition, holding that Rigueiro's pro se motion for rehearing filed while represented by counsel was a nullity and therefore could not extend the two-
• Kelley v. State
  3 So. 3d 970· Fla.· 2009-01-22 ·cited 2×·via Writ Of Habeas Corpus
  William Kelley, convicted and sentenced to death in 1984 for a 1966 murder, appealed the trial court's denial of his successive postconviction motion under Rule 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial, holding
• Lathio Jenkins v. State
  999 So. 2d 729· Fla. 3d DCA· 2008-12-31 ·cited 2×
  Lathio Jenkins appealed the trial court's summary denial of a Rule 3.800(a) motion seeking jail time credit for 234 days served after his 1994 sentencing for armed robbery. The court affirmed, holding that Rule 3.800(a) is not the proper vehicle for post-sentencing jail credit is
• Carter v. State
  1 So. 3d 253· Fla. 3d DCA· 2008-12-31 ·cited 2×
  Joseph Carter, a long-term prisoner who has filed numerous pro se motions over decades, was prohibited from filing further pro se appeals and pleadings without attorney representation after the court found he had not shown good cause to continue filing such motions.
• Novel C. Eford v. State
  993 So. 2d 1170· Fla. 5th DCA· 2008-11-07 ·cited 2×
  The court held that appellate counsel was not ineffective for failing to raise the issue of the trial court's omission of justifiable and excusable attempted homicide instructions, as such an omission does not constitute fundamental error in this context.
• M.G. v. Vershawn Berry
  998 So. 2d 634· Fla. 3d DCA· 2008-11-07 ·cited 2×
  M.G., a juvenile detained for grand theft auto, petitioned for habeas corpus release from secure detention. The court granted the petition, finding that while grand theft auto qualified as a detainable charge under Florida law, the trial court improperly added aggravating points
• Waymon Jenkins v. State
  990 So. 2d 702· Fla. 4th DCA· 2008-09-24 ·cited 2×
  Waymon Jenkins was convicted of manslaughter for shooting and killing the mother of his child during an argument. The Fourth District Court of Appeal granted his petition for writ of habeas corpus, finding that his appellate counsel was ineffective for failing to raise on direct
• Fisher v. State
  987 So. 2d 1235· Fla. 2d DCA· 2008-08-08 ·cited 2×
  Fisher was adjudicated guilty of robbery by sudden snatching pursuant to a plea agreement, but the State later moved to withdraw from the agreement after discovering the agreed-upon sentence was illegal. The court held that jeopardy had attached upon adjudication of guilt and the
• Coy Smith v. Fla. Parole Comm'n
  987 So. 2d 229· Fla. 4th DCA· 2008-07-30 ·cited 2×
  The court held that the petition for writ of habeas corpus challenging parole revocation was untimely filed.
• Ferrell v. Al Lamberti
  987 So. 2d 771· Fla. 4th DCA· 2008-07-25 ·cited 2×
  Warren Ferrell sought habeas corpus relief from incarceration pending violation of probation proceedings, claiming his probation was illegally imposed. The Florida Fourth District Court of Appeal granted the petition in part, directing the trial court to correct an illegal senten
• R.L. v. Behavioral
  987 So. 2d 140· Fla. 5th DCA· 2008-07-11 ·cited 2×
  R.L. sought habeas corpus relief alleging that Park Place Behavioral Health Care improperly administered medications without authorization by misusing Emergency Treatment Orders. The trial court denied the petition, and the appellate court affirmed, holding that R.L. failed to pr
• Morris v. State
  978 So. 2d 259· Fla. 5th DCA· 2008-04-04 ·cited 2×
  Timothy Ivan Morris seeks habeas corpus relief from a Department of Corrections miscalculation of his sentence following a probation violation on his true split sentence. The Fifth District Court of Appeal agrees Morris is entitled to immediate release because DOC improperly deni
• Welling v. State
  975 So. 2d 1254· Fla. 4th DCA· 2008-03-12 ·cited 2×
  The court held that the petitioner's habitual offender sentence was not illegal, as it was a valid sentence authorized by the habitual offender statute, even though it was initially suspended.
• Gallo v. Al Lamberti
  972 So. 2d 305· Fla. 4th DCA· 2008-01-23 ·cited 2×
  Jonathan Gallo sought habeas corpus relief to challenge his pretrial detention on a second-degree murder charge. The court denied his petition, holding that the state presented sufficient evidence to meet the constitutional threshold for denying bail, as the proof of guilt was ev
• Hannon v. Sec'y, Dep't of Corr.
  622 F. Supp. 2d 1169· M.D. Fla.· 2007-10-23 ·cited 2×
  The court held that the petitioner failed to demonstrate that the state court's rejection of his ineffective assistance of counsel claim was contrary to or an unreasonable application of federal law.
• E.D. v. State
  966 So. 2d 994· Fla. 5th DCA· 2007-10-01 ·cited 2×·via Writ Of Habeas Corpus
  E.D., a juvenile detained on burglary and theft charges, sought habeas corpus relief claiming illegal detention beyond the statutory 21-day limit. The Florida Fifth District Court of Appeal upheld the trial court's denial of release, finding the State demonstrated adequate good c