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

• Clemente Javier Aguirre-Jarquin v. State
  202 So. 3d 785· Fla.· 2016-10-27 ·cited 1×
  Aguirre was convicted and sentenced to death for the 2004 murders of two neighbors based primarily on forensic evidence linking him to the crime and testimony from the victim's daughter, Samantha Williams. On postconviction review, newly discovered DNA evidence showed Samantha's
• Elsperman v. State
  201 So. 3d 1247· Fla. 1st DCA· 2016-10-25 ·cited 1×
  Petitioner Gene Anthony Elsperman was convicted of two counts of aggravated assault with a firearm and sentenced to consecutive 20-year minimum mandatory sentences. After the Florida Supreme Court held in Williams v. State that trial courts have discretion to impose mandatory min
• Barriera v. State
  196 So. 3d 1265· Fla. 5th DCA· 2016-07-29 ·cited 1×
  The court held that the defendant was not entitled to relief on his motion to correct an illegal sentence or for habeas corpus, as no manifest injustice occurred.
• Kendrick-Nelson v. Marydell Guevara
  187 So. 3d 913· Fla. 3d DCA· 2016-03-11 ·cited 1×
  Kendrick-Nelson sought habeas corpus relief challenging her pretrial detention following a violation of conditions of release. The court granted the petition because the trial court failed to make required findings that her failure to appear was willful and that no reasonable con
• Norton-Nugin v. State
  179 So. 3d 557· Fla. 2d DCA· 2015-12-02 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a $150,000 bond was excessive and punitive given the defendant's limited financial resources and the availability of special conditions to ensure appearance and community safety.
• Excellus O. Hyland v. State
  179 So. 3d 501· Fla. 1st DCA· 2015-11-23 ·cited 1×
  Appellant challenged his amended sentence by petitioning for a writ of habeas corpus, arguing the trial court could not rescind previously awarded jail credit. The First District Court of Appeal affirmed the dismissal, holding that a postconviction motion to correct illegal sente
• McGRIFF v. Jones
  178 So. 3d 540· Fla. 1st DCA· 2015-11-05 ·cited 1×
• Lund v. Project Warm
  177 So. 3d 283· Fla. 5th DCA· 2015-09-29 ·cited 1×·via Writ Of Habeas Corpus
  Petitioner sought habeas corpus relief from involuntary substance abuse treatment ordered under the Marchman Act. The court granted the petition and quashed the order extending her commitment because the renewal petition was filed untimely under Florida Statute § 397.6975(1), whi
• Baptiste v. State
  165 So. 3d 746· Fla. 4th DCA· 2015-05-20 ·cited 1×
  Nelson Baptiste petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The Fourth District Court of Appeal granted the petition in part, finding that appellate counsel was ineffective for failing to raise a double jeopardy violation based on Baptiste's
• Giardina v. State
  160 So. 3d 476· Fla. 2d DCA· 2015-02-20 ·cited 1×·via Habeas Corpus Petition
  Florida appellate court affirmed denial of habeas corpus petition where defendant challenged jury instruction on duty to retreat, holding the standard instruction that defendant had no duty to retreat if not engaged in unlawful activity was not erroneous and did not constitute ma
• FOX v. Johnson
  162 So. 3d 139· Fla. 2d DCA· 2014-12-31 ·cited 1×
  The Florida District Court of Appeal, Second District, imposed restrictions on pro se filings by Robert M. Fox, Jr., a serial litigant who had initiated numerous frivolous proceedings in the court system. The court directed its clerk to reject future appeals and original proceedi
• Ramkelawan v. State
  152 So. 3d 680· Fla. 4th DCA· 2014-11-19 ·cited 1×
  The court affirmed the summary denial of a habeas corpus petition because the appellant's challenges to his convictions should have been raised on direct appeal or in a timely rule 3.850 postconviction motion, not through habeas corpus.
• MacKay v. State
  161 So. 3d 547· Fla. 2d DCA· 2014-10-10 ·cited 1×
  Robert Mackay appeals the summary denial of his habeas corpus petition challenging his 1987 capital sexual battery conviction, arguing the jury verdict failed to find he was over eighteen years old as alleged in the information. The court affirms the denial, finding no fundamenta
• Toliver v. Crews
  146 So. 3d 64· Fla. 1st DCA· 2014-07-30 ·cited 1×
  Toliver sought habeas corpus review of his conviction and sentence but faced a trial court order barring all future pro se filings. The appellate court affirmed the dismissal of the habeas petition but reversed the pro se filing bar for lack of proper procedural safeguards requir
• Reeves v. Nocco
  141 So. 3d 775· Fla. 2d DCA· 2014-07-11 ·cited 1×·via Writ Of Habeas Corpus
  Curtis Reeves, a 71-year-old retired police officer charged with second-degree murder in the shooting death of Chad Oulson in a movie theater, petitioned for a writ of habeas corpus challenging the denial of pretrial release. The court held that while the State may have met its b
• Gorham v. State
  142 So. 3d 905· Fla. 4th DCA· 2014-07-02 ·cited 1×·via Habeas Corpus Petition
• ST. Louis v. State
  134 So. 3d 546· Fla. 3d DCA· 2014-03-12 ·cited 1×
  The court held that the defendant's sworn admission during the plea colloquy conclusively refuted his claim of prejudice from ineffective assistance of counsel regarding deportation consequences.
• Sanders v. State
  135 So. 3d 413· Fla. 2d DCA· 2014-02-12 ·cited 1×
  Kevin Sanders petitioned for post-conviction relief, claiming his appellate attorney failed to challenge the jury instruction for attempted manslaughter as fundamental error. The Florida appellate court granted relief on the attempted second-degree murder conviction based on esta
• B.S. v. State
  134 So. 3d 1126· Fla. 5th DCA· 2014-02-06 ·cited 1×
  A child declared incompetent to proceed in delinquency proceedings was committed to the Department of Children and Families (DCF), but the trial court then ordered her held in secure detention when DCF could not immediately place her due to lack of available beds. The appellate c
• Solomon Roberts v. State
  156 So. 3d 2· Fla. 3d DCA· 2014-01-29 ·cited 1×
  Solomon Roberts appealed an order denying his motion to withdraw pleas entered over thirty years prior. The Florida Third District Court of Appeal affirmed the lower court's order and issued an order to show cause regarding Roberts's pattern of filing numerous pro se appeals, war
• Seymour v. State
  132 So. 3d 300· Fla. 4th DCA· 2014-01-14 ·cited 1×
  Dallas Seymour was charged with second-degree murder and firearm possession by a convicted felon in connection with a shooting death. The trial court denied his request for bond after an Arthur hearing, finding the state met its burden of proving guilt was evident or the presumpt
• Crews v. State
  128 So. 3d 983· Fla. 1st DCA· 2014-01-03 ·cited 1×
  Appellate counsel was ineffective for failing to challenge a written probation revocation order that found violations beyond those admitted orally, and the court remanded to correct the order to reflect only the admitted violation.
• Pancoast v. Crews
  128 So. 3d 815· Fla. 1st DCA· 2013-10-25 ·cited 1×
  Philip Pancoast petitioned for a writ of habeas corpus challenging his conviction and sentence from Pinellas County Circuit Court. The court dismissed the petition because it was filed by an unauthorized third party and violated a prior court order warning against further unautho
• Jewell v. State
  119 So. 3d 540· Fla. 1st DCA· 2013-08-22 ·cited 1×
  Steven Jewell appealed the dismissal of his habeas corpus petition seeking a belated appeal from his civil commitment as a sexually violent predator. The circuit court dismissed the petition, but the First District reversed, holding that the circuit court erred by dismissing the
• Ladaniel LEE v. State
  115 So. 3d 1119· Fla. 1st DCA· 2013-07-05 ·cited 1×
• Fuller v. State
  116 So. 3d 1277· Fla. 5th DCA· 2013-07-05 ·cited 1×·via Writ Of Habeas Corpus
  Fuller petitioned for a writ of habeas corpus after the trial court revoked his pretrial release without notice or hearing following an alleged SCRAM violation. The court held that while a defendant's breach of bond conditions forfeits the right to release under those terms, it d
• Carlo Woodson v. State
  114 So. 3d 1068· Fla. 1st DCA· 2013-06-05 ·cited 1×·via Writ Of Habeas Corpus
• J.L.B. v. Kelly
  93 So. 3d 1137· Fla. 2d DCA· 2012-08-01 ·cited 1×·via Writ Of Habeas Corpus
  The court held that assessing aggravating points on the Risk Assessment Instrument based on factors already accounted for in the RAI constitutes impermissible double scoring.
• Frenecia Latrice Thomas v. State
  93 So. 3d 404· Fla. 2d DCA· 2012-06-29 ·cited 1×
  Frenecia Thomas challenged her involuntary commitment to the Department of Children and Family Services following a finding of incompetency to proceed in criminal cases. The appellate court quashed the commitment order, finding that the trial court's ruling was not supported by c
• Melnik v. State
  87 So. 3d 1255· Fla. 4th DCA· 2012-05-23 ·cited 1×
  The Fourth District Court of Appeal denied a petition for writ of habeas corpus challenging a pretrial detention order, holding that the trial court properly exercised its discretion to deny bond after the state established proof of guilt was evident or presumption great in a cap
• V.P. v. State of Fla. & Dep't of Juv. Just.
  72 So. 3d 788· Fla. 4th DCA· 2011-10-19 ·cited 1×·via Writ Of Habeas Corpus
  A juvenile petitioned for habeas corpus challenging a trial court's placement on home detention with electronic monitoring and an 8 p.m. curfew pending placement in a moderate-risk residential program. The Fourth District Court of Appeal held that Florida Statutes section 985.27(
• Garren J. Washington v. State
  68 So. 3d 919· Fla. 3d DCA· 2011-08-03 ·cited 1×
• D.J.P., JR. v. State
  67 So. 3d 1077· Fla. 2d DCA· 2011-07-08 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the defendant's plea appears involuntary because he was denied the benefit of his bargain regarding appellate review of the suppression order.
• Burney v. State
  56 So. 3d 773· Fla. 2d DCA· 2011-03-31 ·cited 1×·via Petition For Habeas Corpus Relief
  The appellate court affirmed the denial of postconviction relief and dismissed a claim of ineffective appellate counsel. The court found the claim untimely and that the underlying issue, based on a now-receded supreme court decision, did not constitute a manifest injustice.
• Alvie Byrd-Green v. State
  40 So. 3d 848· Fla. 3d DCA· 2010-07-14 ·cited 1×·via Writ Of Habeas Corpus
  Byrd-Green appeals a trial court order denying his discovery motions on the ground that the court lacked jurisdiction due to a pending appeal of a mandamus petition denial. The appellate court holds that filing a notice of appeal from a mandamus denial does not divest the trial c
• Carter v. State
  37 So. 3d 377· Fla. 3d DCA· 2010-06-09 ·cited 1×
  The court held that the trial court did not err in denying the petition for writ of habeas corpus because the record shows Carter was orally sentenced as a habitual felony offender on all counts.
• D.M.H. v. Pietilla
  33 So. 3d 800· Fla. 5th DCA· 2010-04-23 ·cited 1×
  D.M.H. appeals the denial of her habeas corpus petition challenging her involuntary inpatient placement under Florida's Baker Act, arguing that the hearing was unlawfully delayed because it was not held within five calendar days as she contends the statute requires. The court aff
• Walker v. Al Lamberti
  29 So. 3d 1172· Fla. 4th DCA· 2010-03-08 ·cited 1×
  Walker petitioned for habeas corpus seeking discharge from a 30-day jail-based drug treatment program imposed as a sanction for failing a drug test in a pretrial intervention (PTI) program. The Florida Fourth District Court of Appeal denied the petition, holding that the legislat
• Puiatti v. Secretary, Dept. of Corrections
  651 F. Supp. 2d 1286· M.D. Fla.· 2009-08-14 ·cited 1×
  The Court held that Puiatti's petition must be granted as to the penalty phase due to a violation of his Eighth Amendment right to individualized sentencing, but denied as to the guilt phase.
• Arnold v. McNeil
  622 F. Supp. 2d 1294· M.D. Fla.· 2009-03-31 ·cited 1×
  The State failed to disclose material information concerning a key witness's crimes, violating the defendant's due process rights under Brady v. Maryland.
• Tonuya Rainey v. Al Lamberti
  9 So. 3d 58· Fla. 4th DCA· 2009-03-27 ·cited 1×·via Habeas Corpus Petition
  Habeas corpus petition granted and remanded because the trial court failed to consider appropriate pretrial release factors under Florida law when setting bond, despite the bond amount itself not being inherently problematic.
• Jones v. Fla. Parole Comm'n
  4 So. 3d 91· Fla. 4th DCA· 2009-03-04 ·cited 1×
  The circuit court did not err in dismissing the habeas corpus petition as untimely.
• Griffin v. McNEIL
  995 So. 2d 1178· Fla. 4th DCA· 2008-12-15 ·cited 1×
  The court held that a defendant cannot be sentenced for a crime with a firearm enhancement if the firearm element was not charged or found by the jury.
• Huntley H. Thompson v. State
  994 So. 2d 1176· Fla. 3d DCA· 2008-11-05 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the trial court properly denied the petition for a writ of habeas corpus because the claims were raised in a successive and time-barred manner, and the Brady claim was facially insufficient.
• Lopez v. State
  987 So. 2d 750· Fla. 3d DCA· 2008-07-09 ·cited 1×
  Raymond Lopez appealed the trial court's denial of his successive motion for post-conviction relief, in which he alleged ineffective assistance of counsel regarding scoresheet errors and guideline calculations that allegedly rendered his guilty plea involuntary. The appellate cou
• Joseph v. State
  976 So. 2d 94· Fla. 3d DCA· 2008-02-27 ·cited 1×·via Writ Of Habeas Corpus
  Gregory Joseph appeals the denial of his second successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging his guilty plea to second-degree murder and aggravated child abuse. The appellate court affirmed the trial court's denial on pro
• Sykes v. State
  974 So. 2d 1133· Fla. 1st DCA· 2008-02-11 ·cited 1×
  Melvin Sykes appealed the dismissal of his habeas corpus petition challenging the Baker County Correctional Institution's admission of him based on an incomplete commitment form, alleging violation of Florida Statutes section 944.17(5). The court affirmed the dismissal but clarif
• Brooks v. Fla. Parole Comm'n
  974 So. 2d 494· Fla. 4th DCA· 2008-01-30 ·cited 1×
  Lorenzo Brooks challenged the constitutionality of Florida's conditional release statutes as violating due process, arguing the statutes failed to provide a list of prohibited acts that could result in revocation. The court affirmed the circuit court's denial of his habeas petiti
• Latson v. State
  963 So. 2d 983· Fla. 4th DCA· 2007-09-12 ·cited 1×
• N.S. v. Flowers
  963 So. 2d 310· Fla. 4th DCA· 2007-08-14 ·cited 1×