Petition For Writ Of Habeas Corpus

7,512 Florida cases classified under this topic, plus 5,491 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Jordan v. State
  49 Fla. L. Weekly D1941· Fla. 3d DCA· 2024-12-04 ·cited 1×·via Habeas Corpus Petition
  Kevin Jordan, a sexually violent predator civilly committed under Florida law, appealed the dismissal of his habeas corpus petition filed in the wrong judicial circuit. The court reversed because the petition was filed in the Eleventh Judicial Circuit when Florida Rules of Civil
• Moreno Mujica v. Sec'y, Dep't of Corr. (Pasco County)
  M.D. Fla.· 2024-10-02 ·cited 1×
  Kervin Moreno Mujica filed a federal habeas corpus petition under 28 U.S.C. § 2254 while his direct appeal was still pending in state court. The district court dismissed the petition as premature because Mujica had not exhausted his state court remedies, specifically his direct a
• Adams v. Sec'y, Dep't of Corr. (Putnam County)
  2016 WL 6037535· M.D. Fla.· 2024-09-30 ·cited 1×
  The court denied the petitioner's motion to alter or amend the judgment, finding no manifest error of law or fact in its prior denial of the habeas corpus petition.
• Hoehn v. Warden FCI Marianna
  N.D. Fla.· 2024-08-06 ·cited 1×
  The court held that the petitioner's claim regarding the CARES Act is moot due to the Act's expiration, and her conviction under 18 U.S.C. § 924(c) disqualifies her from First Step Act credits.
• Jones v. State of Fla. - State of Fla. Dep't of Corr. & Fla. Comm'n on Offender Review
  390 So. 3d 1272· Fla. 5th DCA· 2024-07-26 ·cited 1×
  A habeas corpus petition is facially sufficient to state a prima facie case when the petitioner alleges current detention and provides sworn allegations with probable cause that he is detained without lawful authority.
• Charity Noelle Wood v. State
  385 So. 3d 1104· Fla. 2d DCA· 2024-04-03 ·cited 1×
  Charity Noelle Wood appeals the trial court's order striking her habeas corpus petition filed while committed to a mental health facility after being found incompetent to proceed. The appellate court reversed, holding that Florida statute 916.107(9)(a) grants forensic clients the
• Franklin v. Dixon
  2022 WL 2800214· N.D. Fla.· 2024-01-12 ·cited 1×
  The court held that a habeas petition is an unauthorized successive petition if the petitioner fails to raise a claim with a legitimate excuse and has not obtained leave from the Eleventh Circuit.
• Brown v. Fla. Dep't of Corr.
  2009 WL 1227820· S.D. Fla.· 2023-10-22 ·cited 1×
  The court held that a pro se petitioner's motion, even if labeled as a motion for consideration of actual innocence, is legally a successive petition for writ of habeas corpus under 28 U.S.C. § 2254 and must be dismissed for lack of jurisdiction if the petitioner has not obtained
• Exzavier Robinson v. State
  Fla. 3d DCA· 2023-10-18 ·cited 1×·via Habeas Corpus Petition
  A habeas corpus petition based on appellate counsel's alleged ineffectiveness for failing to raise trial counsel's ineffectiveness claims lacks merit when the underlying ineffectiveness claim was already squarely rejected on direct appeal.
• Alphonso G. Lucas v. State
  365 So. 3d 1181· Fla. 3d DCA· 2023-09-06 ·cited 1×
  A successive habeas corpus petition alleging ineffective assistance of appellate counsel must be dismissed when it raises no new grounds and the prior petition was determined on the merits.
• Givens v. Sec'y, Dep't of Corr. (Lake County)
  2021 WL 4551981· M.D. Fla.· 2023-08-28 ·cited 1×
  The Court held that a state prisoner cannot evade the procedural requirements of 28 U.S.C. § 2254 by filing under § 2241, and a successive petition requires prior authorization from the Eleventh Circuit.
• Restricted Filer - Alfred v. Dixon
  2023 WL 3686787· S.D. Fla.· 2023-08-22 ·cited 1×
  The court held that it lacked subject-matter jurisdiction over a successive habeas corpus petition filed without authorization from the court of appeals and sanctioned the petitioner for abusive litigation.
• Poliard v. United States
  2021 WL 5447108· S.D. Fla.· 2023-06-21 ·cited 1×
  The court held that it lacks jurisdiction to consider a successive motion to vacate sentence under 28 U.S.C. § 2255 when the petitioner has not obtained authorization from the Court of Appeals.
• Edmondson v. Sec'y, Dep't of Corr. (Hillsborough County)
  2020 WL 3640479· M.D. Fla.· 2023-05-17 ·cited 1×
  The court held that a federal habeas corpus petition filed without prior authorization from the Eleventh Circuit is an unauthorized second or successive petition over which the district court lacks jurisdiction.
• Benoit v. Hoffman
  359 So. 3d 886· Fla. 2d DCA· 2023-04-26 ·cited 1×
  A first appearance judge assigned to one case lacks authority to revoke pretrial release conditions in a separate case assigned to another judge unless specifically authorized by the judge who initially set the bail.
• Clay Robinson v. State
  Fla. 4th DCA· 2023-03-22 ·cited 1×·via Writ Of Habeas Corpus
  A claim that the sentencing court misunderstood its sentencing options is not cognizable under rule 3.800(a) and, on the merits, mandatory minimum sentences under the 10-20-Life statute must be imposed consecutively when qualifying offenses were committed during separate criminal
• A.D. v. Dep't of Child. & Families
  355 So. 3d 568· Fla. 1st DCA· 2023-02-15 ·cited 1×
• Chestel Thorson v. State
  34 Fla. L. Weekly Supp. 307· Fla. 3d DCA· 2023-02-01 ·cited 1×
  A petition for writ of habeas corpus may not be used to challenge the legality of a conviction or serve as a substitute for a rule 3.850 motion for postconviction relief.
• Oussama v. Dep't of Homeland Sec. Immigr. & Custom Enf't
  S.D. Fla.· 2023-01-31 ·cited 1×
  The court held that the petitioner must file an amended petition and pay the filing fee or a motion to proceed in forma pauperis to maintain his habeas corpus action.
• Little v. Gualtieri
  353 So. 3d 675· Fla. 2d DCA· 2022-12-16 ·cited 1×
  The appellate court denied a habeas corpus petition as moot because the petitioner was released before the appeal was decided. However, the court explained that the petition would have been granted because an emergency duty judge improperly ordered the petitioner's detention with
• Yeary v. Chief Judge of the Second Judicial Circuit
  354 So. 3d 581· Fla. 1st DCA· 2022-12-08 ·cited 1×
  The appellate court dismissed a public defender's petition for a writ of certiorari challenging an administrative order for pre-bond mental health screenings. The court found it lacked jurisdiction because the public defender failed to demonstrate irreparable harm, a prerequisite
• Alcazar v. State
  349 So. 3d 930· Fla. 3d DCA· 2022-10-14 ·cited 1×
  Jose Alcazar, a correctional officer charged with solicitation of first-degree murder and other crimes, petitioned for habeas corpus challenging the trial court's pretrial detention order. The Third District Court of Appeal held that solicitation of first-degree murder is not an
• Hunt v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2022-07-18 ·cited 1×
  The court held that the petitioner's habeas corpus petition was untimely filed and not subject to statutory or equitable tolling, nor did it present a valid claim of actual innocence to overcome the time bar.
• Phynerrian Manning v. Ford
  328 So. 3d 396· Fla. 1st DCA· 2022-07-13 ·cited 1×
• Jackson v. State
  47 Fla. L. Weekly D958· Fla. 2d DCA· 2022-07-08 ·cited 1×
  The appellate court reviewed a lower court's denial of a habeas corpus petition. While habeas corpus is generally not the proper vehicle for such claims, the court treated the petition as a postconviction motion. The court reversed and remanded because the lower court failed to a
• Rhody v. McNeil
  344 So. 3d 530· Fla. 1st DCA· 2022-06-29 ·cited 1×·via Habeas Corpus Petition
  This case concerns a habeas petition challenging a local administrative order for "pre-bond mental health screening." The court found that the petitioner's detention for such screening was lawful, drawing guidance from a Florida Supreme Court decision that allows trial courts to
• A.T. v. State
  Fla. 4th DCA· 2022-06-22 ·cited 1×
  A juvenile petitioner challenges his continued home detention beyond twenty-one days after being found incompetent to proceed, arguing the trial court lacks authority for such extension. The court holds that Florida Statute § 985.26(4)(a) provides authority for extended detention
• Moton v. Warden, FCC Coleman - Camp
  2015 WL 4606220· M.D. Fla.· 2022-04-14 ·cited 1×
  The court held that a habeas petition is moot once the petitioner is released from custody and has no continuing injury.
• Genovese v. Dixon
  336 So. 3d 443· Fla. 1st DCA· 2022-04-13 ·cited 1×·via Writ Of Habeas Corpus
• Perez v. State of Fla. & Madison Weiss
  334 So. 3d 742· Fla. 5th DCA· 2022-03-14 ·cited 1×
  A trial court errs in holding a defendant in direct criminal contempt for conduct that did not occur in the judge's presence, and such contempt proceedings must comply with Florida Rule of Criminal Procedure 3.830, including providing the defendant a meaningful opportunity to pre
• Britney S. Fernald v. Grady C. Judd
  329 So. 3d 219· Fla. 2d DCA· 2021-11-03 ·cited 1×
  The appellate court dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody after entering a plea agreement. The court did not reach the merits of whether her pretrial release was improperly revoked.
• Thaddeus C. Martin v. Dixon
  298 So. 3d 1228· Fla.· 2021-08-25 ·cited 1×
  The Florida Supreme Court sanctioned pro se litigant Thaddeus C. Martin by barring him from filing further unrepresented petitions in the Court regarding his criminal convictions. Martin had filed sixteen frivolous or repetitive petitions since 2018, abusing the Court's limited j
• Cirilo Keshun Allen v. State
  Fla. 1st DCA· 2021-06-28 ·cited 1×·via Writ Of Habeas Corpus
  Cirilo Keshun Allen petitioned for a writ of habeas corpus to collaterally attack his 2002 robbery with a firearm conviction. The court dismissed the petition, finding that habeas corpus is not an appropriate vehicle for raising issues that were or should have been raised on dire
• Lamberson v. State
  317 So. 3d 286· Fla. 2d DCA· 2021-05-07 ·cited 1×
  The appellate court found that Lamberson's appellate counsel was ineffective for failing to preserve the issue of an illegal sentence. Lamberson is granted a new direct appeal to address the retroactivity of a Supreme Court ruling on sentencing.
• Andujar-Ruiz v. State
  320 So. 3d 228· Fla. 2d DCA· 2021-04-09 ·cited 1×
  The appellate court held that a circuit court lacked jurisdiction to adjudicate misdemeanor offenses after a related felony charge was dismissed. Consequently, the defendant's misdemeanor convictions were vacated.
• Lenard Anderson v. State
  313 So. 3d 1196· Fla. 1st DCA· 2021-03-31 ·cited 1×
  The appellate court denied a petition for relief from convictions and sentences, finding no merit in the petitioner's claims that his appellate counsel was ineffective. The court applied the Strickland standard for ineffective assistance of counsel, requiring both deficient perfo
• Moultrie v. State
  277 So. 3d 226· Fla. 1st DCA· 2021-01-25 ·cited 1×·via Writ Of Habeas Corpus
  The appellate court dismissed a petition for a writ of habeas corpus, holding that it cannot be used as a substitute for direct appeal or postconviction relief for sentencing errors. The petitioner sought to challenge a consecutive sentence, but the court found that such issues s
• Barber v. Bay Cnty. Sheriff's Off. Jail Facility
  308 So. 3d 254· Fla. 1st DCA· 2020-12-10 ·cited 1×·via Habeas Corpus Petition
  Sovereign citizen legal theories asserting that an incorporated name is separate from a person for jurisdiction purposes have no basis in law and do not deprive courts of personal jurisdiction.
• Brown v. Dep't of Homeland Sec.
  18201 S.W. 12· N.D. Fla.· 2020-06-05 ·cited 1×
  The court adopted the magistrate judge's report and recommendation, denying the petitioner's amended § 2241 petition for a writ of habeas corpus.
• Menard v. Florida Attorney General (Collier County)
  2020 WL 2188675· M.D. Fla.· 2020-05-20 ·cited 1×
  James Matthew Menard, a Florida prisoner convicted of aggravated battery, armed trespass, and third-degree felony murder, sought federal habeas relief challenging his convictions and sentences on multiple grounds, including claims of ineffective assistance of counsel and sentenci
• Duckworth v. State
  305 So. 3d 732· Fla. 3d DCA· 2020-05-13 ·cited 1×
  The appellate court denied a petition for a writ of habeas corpus filed by Jerry Duckworth. Duckworth argued that the jury instructions at his trial were fundamentally erroneous because they failed to define "weapon." The court found that while the written instructions were defic
• Small v. State
  305 So. 3d 615· Fla. 3d DCA· 2020-04-29 ·cited 1×·via Writ Of Habeas Corpus
  The appellate court denied a petition for a writ of habeas corpus, finding that a thirty-year sentence for selling heroin, enhanced under the habitual offender statute, was neither cruel and unusual punishment nor an ex post facto violation.
• Griego v. State
  207 So. 3d 224· Fla. 1st DCA· 2020-04-24 ·cited 1×
  The appellate court affirmed the trial court's denial of a motion to modify sentence. The appellant sought sentence reduction based on a victim's father's affidavit, but the court found the motion was untimely and improperly filed under the wrong rule.
• Archer v. State
  293 So. 3d 455· Fla.· 2020-04-23 ·cited 1×·via Habeas Corpus Petition
  The circuit court properly denied Archer's successive rule 3.851 motion because his Hurst claim was procedurally barred and without merit, his capital murder claim was without merit, and his newly discovered evidence claim was untimely and based on facts that could have been disc
• Wilson v. State
  305 So. 3d 341· Fla. 3d DCA· 2020-04-08 ·cited 1×
• Siskos v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-03-24 ·cited 1×·via Habeas Corpus Petition
  The court held that the petitioner's claims regarding competency, ineffective assistance of counsel, and prosecutorial misconduct lacked merit and were denied.
• Excellus O. Hyland v. Inch
  291 So. 3d 1024· Fla. 1st DCA· 2020-03-11 ·cited 1×
  The appellate court affirmed the lower court's denial of a habeas corpus petition. The court found that the petitioner's claims were previously adjudicated and therefore precluded from reconsideration.
• Concepcion v. State
  304 So. 3d 1261· Fla. 3d DCA· 2020-03-04 ·cited 1×·via Writ Of Habeas Corpus
  The Florida Supreme Court denied a petition for a writ of habeas corpus filed by Benito Concepcion, who sought to overturn his murder and kidnapping convictions based on alleged prosecutorial misconduct twenty years prior. The court found that habeas corpus was not the proper rem
• Davis v. Junior
  300 So. 3d 307· Fla. 3d DCA· 2020-02-19 ·cited 1×·via Writ Of Habeas Corpus
  The court granted a petition for a writ of habeas corpus, holding that the State cannot rely solely on hearsay testimony to establish probable cause at an adversary preliminary hearing. This decision clarifies the evidentiary standards required for such hearings.
• Routenberg v. State
  301 So. 3d 325· Fla. 2d DCA· 2020-01-31 ·cited 1×
  The appellate court granted relief to a defendant who claimed ineffective assistance of appellate counsel. The court found that the trial court's jury instruction on self-defense was fundamentally erroneous, effectively negating the defendant's only defense and depriving him of a