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

• Perez v. State
  959 So. 2d 408· Fla. 3d DCA· 2007-06-20 ·cited 1×
  Antonio Perez appeals the denial of his postconviction motion for a new trial, which raised claims of ineffective assistance of counsel and trial court errors regarding scientific evidence and burden of proof. The court affirmed the denial, finding Perez's claims were time-barred
• Ric L. Bradshaw v. Sandler
  955 So. 2d 1219· Fla. 4th DCA· 2007-05-09 ·cited 1×·via Writ Of Habeas Corpus
  The Sheriff of Palm Beach County sought certiorari relief to overturn a trial court order requiring him to transport a pre-trial inmate to a private dentist for treatment. The court granted the petition and quashed the order, holding that decisions regarding jail inmate health ca
• Miller v. State of Fla. & Ken Jenne
  960 So. 2d 7· Fla. 4th DCA· 2007-01-19 ·cited 1×
  Ricardo Miller challenged his involuntary commitment to a state forensic hospital for violating conditions of his conditional release. The court granted his habeas corpus petition, holding that the trial court lacked authority to commit him without evidence that he met the statut
• Caracciolo v. McDonough
  456 F. Supp. 2d 1240· S.D. Fla.· 2006-10-18 ·cited 1×
  The court held that the petitioner, Mr. Caracciolo, failed to establish actual innocence to overcome the procedural bar on his claims, and therefore denied his petition for a writ of habeas corpus.
• Morris v. State
  951 So. 2d 1· Fla. 3d DCA· 2006-10-11 ·cited 1×
  Morris appealed orders denying his motion to correct sentences, arguing that the trial court's oral pronouncement was for concurrent ten-year sentences rather than the consecutive forty years imposed in the written sentencing orders. The appellate court affirmed the denial of rel
• Russell v. Fla. Parole Comm'n
  946 So. 2d 32· Fla. 1st DCA· 2006-09-18 ·cited 1×·via Writ Of Habeas Corpus
• Cloyd v. State
  943 So. 2d 149· Fla. 3d DCA· 2006-07-12 ·cited 1×·via Writ Of Habeas Corpus
  Thomas Porter Cloyd, a copilot, was convicted of operating an aircraft while intoxicated in violation of Florida Statute § 860.13. The appellate court affirmed the conviction, rejecting preemption challenges, constitutional vagueness and delegation arguments, and evidentiary obje
• Everett v. State
  928 So. 2d 1241· Fla. 3d DCA· 2006-05-17 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a challenge to a guilty plea based on the lack of a factual basis is procedurally barred when raised in a habeas corpus petition after direct appeal and motion to withdraw plea. The court also found the claim to be without merit.
• Mortimer v. State
  922 So. 2d 1104· Fla. 4th DCA· 2006-03-22 ·cited 1×
  Thomas Mortimer sought habeas corpus relief challenging Florida's sexual offender registration and reporting statutes on single-subject constitutional grounds. The Fourth District Court of Appeal dismissed the petition, holding that habeas corpus is not the appropriate remedy for
• Janowski v. State
  910 So. 2d 309· Fla. 4th DCA· 2005-08-31 ·cited 1×
  Steven Janowski appealed the denial of his motion to correct an illegal sentence under Rule 3.800(a), claiming a discrepancy between the oral pronouncement (6.35 months) and written sentence (76.35 months). The appellate court affirmed the denial on the merits, finding the record
• Johnson v. State
  906 So. 2d 361· Fla. 5th DCA· 2005-07-15 ·cited 1×
  Florida appellate court granted habeas corpus petition because trial court failed to comply with Rule of Criminal Procedure 3.830 by not giving defendant adequate opportunity to present evidence of excusing or mitigating circumstances in direct criminal contempt proceeding.
• Tavia Smith v. McRAY
  907 So. 2d 575· Fla. 3d DCA· 2005-07-13 ·cited 1×
  Tavia Smith sought a writ of habeas corpus challenging her pretrial detention without bond. The Florida District Court of Appeal granted the petition, finding the trial court lacked authority to order an immediate drug test and subsequent detention based solely on the petitioner'
• Alvarez v. Crosby
  907 So. 2d 1231· Fla. 3d DCA· 2005-07-13 ·cited 1×
  Hector Manuel Alvarez petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The appellate court initially reversed his convictions for sexual battery and lewd assault based on erroneous exclusion of impeachment testimony, but then affirmed after the S
• Tooley v. State
  902 So. 2d 342· Fla. 5th DCA· 2005-05-27 ·cited 1×
  The trial court lacked jurisdiction to deny a petition for writ of habeas corpus on the merits when the petitioner was incarcerated in a different judicial circuit.
• Demick v. Hadi
  894 So. 2d 1087· Fla. 2d DCA· 2005-03-09 ·cited 1×·via Habeas Corpus Petition
  The court reversed the trial court's dismissal of a habeas corpus petition challenging civil detention under the Jimmy Ryce Act, holding that alleged violations of statutory time requirements are proper grounds for habeas relief and must be decided on the merits rather than dismi
• Valdes v. State
  892 So. 2d 565· Fla. 3d DCA· 2005-02-09 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the defendant's sentences were not illegal and did not violate Apprendi or Blakely.
• Gadson v. Jenne
  882 So. 2d 531· Fla. 4th DCA· 2004-09-22 ·cited 1×
  Petitioner Gadson sought habeas corpus relief from revocation of his pretrial bond. The court granted the petition, holding that a second judge cannot reconsider and reverse a prior judge's bond decision without new evidence being presented.
• Thomas v. Fla. Parole Comm'n
  872 So. 2d 339· Fla. 2d DCA· 2004-04-14 ·cited 1×
  Stanley Thomas challenged the revocation of his conditional release by the Florida Parole Commission. The court granted his certiorari petition, finding that his conditional release was illegally revoked because he was never properly ordered to complete the drug treatment conditi
• Quigley v. State
  848 So. 2d 382· Fla. 4th DCA· 2003-05-28 ·cited 1×
  The appellate court reversed a trial court's denial of a post-conviction relief motion, finding that laches did not bar the claim. The court held that the motion was timely filed under the precedent set by Steele v. Kehoe, which allows for belated post-conviction motions when cou
• Ingrassia v. Thompson
  843 So. 2d 986· Fla. 4th DCA· 2003-04-30 ·cited 1×
  Ingrassia sought habeas corpus relief, alleging his appellate counsel was ineffective for failing to raise on direct appeal the trial court's restriction of defense counsel's voir dire questioning about the defendant's recantation. The court granted the petition, finding appellat
• Kelley v. Singletary
  265 F. Supp. 2d 1305· S.D. Fla.· 2003-03-26 ·cited 1×
  The court granted the State's motion for a stay pending appeal to avoid violating the 90-day retrial rule, but ordered the petitioner released from custody during the appeal, finding no risk of flight or danger.
• Cupon v. State
  833 So. 2d 302· Fla. 1st DCA· 2002-12-31 ·cited 1×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus is the proper remedy to seek relief for ineffective assistance of appellate counsel when counsel fails to raise a preserved and meritorious issue that would have led to a different outcome.
• AMENDMENT TO THE FLA. RULES OF APP. PROCEDURE (RULE 9.142)
  837 So. 2d 911· Fla.· 2002-10-31 ·cited 1×·via Writ Of Habeas Corpus
  The Florida Supreme Court adopted a new appellate rule, Rule 9.142, to establish unified procedures governing review of death penalty cases, consolidating direct appeal procedures and creating a new mechanism for reviewing nonfinal orders in death penalty postconviction proceedin
• In re Managed Care Litigation
  110 F. Supp. 126· S.D. Fla.· 2002-09-26 ·cited 1×
  The court denied class certification for the Subscriber track claims under Rule 23(b)(2) and (b)(3) due to a lack of uniform conduct and predominance of individual issues, while granting certification for the Provider track.
• Brown v. Singletary
  229 F. Supp. 2d 1345· S.D. Fla.· 2002-09-09 ·cited 1×·via Habeas Corpus Petition
  The court held that the petitioner has met his burden of establishing actual innocence, allowing procedurally defaulted claims to be heard.
• Yudex Castellanos v. Moore
  822 So. 2d 585· Fla. 3d DCA· 2002-08-07 ·cited 1×
  The court held that appellate counsel was not ineffective for failing to raise a burglary claim based on the Delgado decision, as the claim would have been foreclosed by existing precedent.
• Jeanty v. Bulger
  204 F. Supp. 2d 1366· S.D. Fla.· 2002-05-17 ·cited 1×·via Habeas Corpus Petition
  Haitian nationals rescued from a boat in December 2001 sought habeas corpus relief and injunctive relief challenging their detention pending asylum proceedings. The INS had reversed its general presumption of release for undocumented Haitians arriving in South Florida, requiring
• Israel v. Jenne
  820 So. 2d 336· Fla. 4th DCA· 2002-03-11 ·cited 1×·via Writ Of Habeas Corpus
• Thompson v. State
  796 So. 2d 511· Fla.· 2001-09-20 ·cited 1×
  Charlie Thompson, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion raising ineffective assistance of counsel claims. The Florida Supreme Court remanded three specific ineffective assistance claims for evidentiary hearing (jury voir dire, inv
• Haliburton v. Sec'y for the Dep't of Corr.
  160 F. Supp. 2d 1382· S.D. Fla.· 2001-09-10 ·cited 1×
  The court denied the petition for writ of habeas corpus, finding that the state court's decisions were reasonable and that trial counsel's performance was not constitutionally ineffective.
• Natsuko Zumalt v. State
  791 So. 2d 592· Fla. 1st DCA· 2001-08-21 ·cited 1×
• Gray v. State
  791 So. 2d 560· Fla. 5th DCA· 2001-08-03 ·cited 1×
  The court held that section 947.1405(6), Florida Statutes, does not violate the separation of powers doctrine by vesting unbridled discretion in the Parole Commission.
• Bridges v. Vasquez
  151 F. Supp. 2d 1353· N.D. Fla.· 2001-07-06 ·cited 1×
  A federal defendant cannot use 28 U.S.C. § 2241 to challenge a conviction based on the Apprendi rule if 28 U.S.C. § 2255 will provide an adequate and effective remedy in due course.
• Harris v. State
  789 So. 2d 1114· Fla. 1st DCA· 2001-06-21 ·cited 1×
  The court held that a petition for a writ of habeas corpus was properly denied because it failed to state a facially sufficient claim under Florida Rules of Criminal Procedure 3.850 or 3.800(a).
• Nava v. State
  781 So. 2d 1136· Fla. 4th DCA· 2001-02-28 ·cited 1×
  The petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is untimely because it was filed more than two years after the conviction became final on direct review.
• Shurman v. Moore
  783 So. 2d 1086· Fla. 1st DCA· 2001-01-26 ·cited 1×
  The trial court departed from the essential requirements of law by misapplying precedent regarding the date for calculating gain-time credit.
• Winer v. Spears
  771 So. 2d 621· Fla. 3d DCA· 2000-11-22 ·cited 1×·via Writ Of Habeas Corpus
  The appellate court reviewed a denial of a bond reduction motion and a subsequent denial by a successor judge, with the concurring judge arguing that the bond was not shown to be excessive without knowing the value of proposed collateral.
• Murray v. Kearney
  770 So. 2d 273· Fla. 4th DCA· 2000-11-01 ·cited 1×
  The court held that it lacked jurisdiction to grant the petition for writ of habeas corpus because the civil commitment order was not illegal, even if it conflicted with a prior plea agreement.
• Springer v. State
  770 So. 2d 217· Fla. 1st DCA· 2000-10-23 ·cited 1×
  Springer sought a belated appeal from an order denying his motion for postconviction relief. The court held that his court-appointed counsel, despite claiming the appointment terminated after the evidentiary hearing, remained obligated to represent him and file a notice of appeal
• Bentley v. State
  769 So. 2d 430· Fla. 4th DCA· 2000-09-20 ·cited 1×
  Jack Bentley petitioned for habeas corpus review challenging a trial court's denial of gain-time credits he claimed he was entitled to receive under a federal settlement agreement (Raines v. Florida) for disabled inmates. The appellate court granted the petition in part, finding
• Wilson v. Moore
  767 So. 2d 1246· Fla. 1st DCA· 2000-09-08 ·cited 1×
• Dicolla v. State
  763 So. 2d 1286· Fla. 5th DCA· 2000-08-24 ·cited 1×·via Writ Of Habeas Corpus
  The court held that the trial court must promptly rule on a motion for setting or modifying bail.
• Sinyard v. State
  799 So. 2d 1067· Fla. 2d DCA· 2000-07-19 ·cited 1×
• Williams v. Singletary
  765 So. 2d 107· Fla. 2d DCA· 2000-06-02 ·cited 1×·via Writ Of Habeas Corpus
  Court granted habeas petition for ineffective assistance of appellate counsel where appellate counsel failed to raise on direct appeal the trial court's denial of a continuance motion that caused severe prejudice.
• Obenschain v. Williams
  750 So. 2d 771· Fla. 1st DCA· 2000-02-16 ·cited 1×
  Jacqueline Obenschain, proceeding through a guardian advocate, appealed dismissal of her civil rights complaint seeking declaratory and injunctive relief under 42 U.S.C. § 1983 and a habeas corpus petition under Florida law. The court reversed because the trial court lacked basis
• Marshall v. Moore
  745 So. 2d 464· Fla. 4th DCA· 1999-11-17 ·cited 1×·via Habeas Corpus Petition
  A prisoner is not entitled to credit towards their sentence for the time spent at large while escaped.
• J.W. v. Dep't OF Juv. Just.
  742 So. 2d 320· Fla. 1st DCA· 1999-06-21 ·cited 1×·via Writ Of Habeas Corpus
  J.W., a juvenile charged with sexual battery on children, petitioned for a writ of habeas corpus challenging his placement in secure detention while incompetent to proceed in delinquency cases. The appellate court denied the petition, holding that secure detention was proper base
• Leon v. Moore
  734 So. 2d 513· Fla. 3d DCA· 1999-05-19 ·cited 1×·via Writ Of Habeas Corpus
  Philip Leon petitions for a writ of habeas corpus challenging his appellate counsel's effectiveness for failing to raise a hearsay objection to evidence of merchandise value at trial. The court denies the petition, holding that appellate counsel cannot be deemed ineffective for f
• Howard v. Moore
  730 So. 2d 800· Fla. 4th DCA· 1999-03-31 ·cited 1×
  Willie C. Howard petitioned for a writ of habeas corpus alleging his appellate counsel was ineffective for failing to argue that the trial court's jury reinstruction on homicide offenses was incomplete. The court granted the petition, finding that the reinstruction on justifiable
• Verdelotti v. Moore
  730 So. 2d 373· Fla. 1st DCA· 1999-03-30 ·cited 1×
  Petitioner Verdelotti challenges his placement on control release and the forfeiture of gain-time credits on sentences for pre-1990 offenses following a control release violation. The court holds that while the Florida Parole Commission could impose control release based on his 1