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

• Walsh v. State
  Fla. 1st DCA· 2026-09-23
  The petition for writ of habeas corpus was dismissed.
• Barger v. Adkinson
  Fla. 1st DCA· 2026-09-23
  A criminal defendant represented by counsel cannot proceed pro se in filing a habeas corpus petition.
• Miller v. State
  Fla. 2d DCA· 2026-09-18
  A trial court abuses its discretion in setting bail when it bases its decision entirely on the nature of the alleged offenses without considering statutory factors including the defendant's financial resources, family ties, employment, community ties, and flight risk. A statutory
• A.R. v. State of Fla. & Dep't of Juv. Just.
  Fla. 1st DCA· 2026-09-17
  The petition for writ of habeas corpus was denied.
• Smiley v. State of Fla. & Benjamin Davis Smiley
  Fla.· 2026-09-17 ·via Habeas Corpus Petition
  Trial counsel was not ineffective for failing to move for reconsideration of the trial court's order admitting limited ballistics evidence from a prior murder, for failing to hire a ballistics expert to rebut the State's expert, or for making reasonable strategic decisions regard
• Leal v. State
  Fla. 3d DCA· 2026-09-16 ·via Habeas Corpus Petition
  A trial court lacks authority to commit an incompetent criminal defendant for restoration treatment when the evidence does not establish by clear and convincing proof that there is a substantial probability the defendant will regain competency in the reasonably foreseeable future
• Ananias Westbrook v. State
  Fla. 3d DCA· 2026-09-16 ·via Habeas Corpus Petition
  A habeas corpus petition based on newly discovered evidence of a favorable plea offer must be denied when the petitioner fails to demonstrate due diligence by waiting over four-and-a-half years after discovering the evidence to seek relief.
• T. R. v. Dep't of Child. & Families
  Fla.· 2026-09-10 ·via Habeas Corpus Petition
  Once parental rights are terminated by final judgment, a parent permanently forfeits all rights to the child and has no legal basis for habeas relief, which can only be used to obtain custody of a child wrongfully withheld. A parent seeking to challenge a termination of parental
• Greene v. State
  Fla. 5th DCA· 2026-09-10
  A pro se litigant who engages in repetitive, frivolous filings may be barred from filing further pro se pleadings in the appellate court and required to retain counsel for any future filings regarding the same case.
• Young v. State
  Fla. 1st DCA· 2026-09-09
  A criminal defendant cannot proceed pro se while represented by counsel.
• Foster v. State
  Fla. 2d DCA· 2026-09-04
  Habeas corpus may not be used as a substitute for an appropriate motion seeking postconviction relief, and claims of error under Apprendi and its progeny are not cognizable under Florida Rule of Criminal Procedure 3.800(a).
• Conahan v. State of Fla. & Daniel O. Conahan
  Fla.· 2026-09-03 ·via Habeas Corpus Petition
  The trial court properly summarily denied Conahan's third and fourth successive motions for post-conviction relief because the evidence cited was not newly discovered—the underlying facts were known or could have been discovered through due diligence decades earlier, and Conahan
• Anthawn D. Ragan v. State
  Fla. 3d DCA· 2026-09-02 ·via Habeas Corpus Petition
  A habeas corpus petition challenging sanctions imposed by a trial court must be dismissed as premature when the petitioner fails to provide the appellate court with a signed, written order reflecting the alleged sanction.
• Mollica v. Warden Moore Haven Corr. Facility & Glades Cnty.
  Fla. 6th DCA· 2026-09-01 ·via Habeas Corpus Petition
  The trial court's judgment was affirmed.
• Kamari Gardner v. State
  Fla. 4th DCA· 2026-08-26
  A trial court must afford a defendant charged with a life-imprisonment offense a full opportunity to present witnesses on all aspects of the bond issue, including evidence of amenability to release and defenses to guilt, before finding proof evident or presumption great and denyi
• Davis v. Liberty Cnty. Sheriff's Off.
  Fla. 1st DCA· 2026-08-26
  A criminal defendant cannot proceed pro se while represented by counsel.
• Aljanard Xavier Jackson v. State of Fla. & Polk Cnty. Corr. Inst.
  Fla. 5th DCA· 2026-08-21
  A pro se litigant who makes knowing misrepresentations of fact to the court may be barred from further pro se filings in that matter to conserve judicial resources and prevent abuse of the judicial process.
• Tisdol v. State
  Fla. 3d DCA· 2026-08-20 ·via Habeas Corpus Petition
  Habeas corpus relief is not available to obtain collateral postconviction relief when claims can be raised by motion pursuant to Florida Rule of Criminal Procedure 3.850.
• Clark v. State
  Fla. 1st DCA· 2026-08-12
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied, and the petition is dismissed in all other respects.
• Johnson v. State
  Fla. 1st DCA· 2026-08-11
  The petition for writ of habeas corpus was dismissed.
• Sansone v. Ford
  Fla. 1st DCA· 2026-08-05
  The petition for writ of habeas corpus was dismissed.
• Morales v. State
  Fla. 3d DCA· 2026-08-05 ·via Habeas Corpus Petition
  A circuit court lacks jurisdiction to address a petition challenging the legality of a sentence imposed in a different circuit; such petitions must be filed in the circuit that imposed the sentence.
• Barnett v. Reddish
  Fla. 1st DCA· 2026-08-05 ·via Habeas Corpus Petition
  The circuit court's judgment was affirmed on appeal.
• Mitchell v. State
  Fla. 1st DCA· 2026-07-31
  The petition for writ of habeas corpus was dismissed.
• Key v. State
  Fla. 6th DCA· 2026-07-28
  A writ of habeas corpus may not issue where the petitioner is not presently detained in custody, even if an unexecuted capias warrant has been issued. The statute's plain language requiring that a person be "detained in custody" applies only to present detention, not future restr
• Duckett v. State
  Fla.· 2026-07-24 ·via Habeas Corpus Petition
  The circuit court properly denied Duckett's motion for DNA testing as procedurally barred and meritless because he was aware of the items when he filed his prior DNA motion four months earlier and the items contained no identifiable genetic material. The State did not violate due
• Eriby v. Dixon
  Fla. 1st DCA· 2026-07-22
  The petition for writ of habeas corpus was dismissed.
• Easley v. DIxon
  Fla. 1st DCA· 2026-07-22
  A petition for writ of habeas corpus that fails to meet the requirements established in Baker v. State must be dismissed.
• Woullard v. Dixon
  Fla. 1st DCA· 2026-07-22
  A habeas corpus petition is frivolous when it raises issues that could have been, should have been, or were raised on direct appeal or in a rule 3.850 motion.
• Hunter v. State
  Fla. 1st DCA· 2026-07-22
  The petition for writ of habeas corpus was dismissed.
• Taylor v. State
  Fla. 1st DCA· 2026-07-15
  The petition for writ of habeas corpus was dismissed.
• Miller v. State
  Fla. 1st DCA· 2026-07-08
  The petition for writ of habeas corpus was dismissed.
• McNeill v. State
  Fla. 1st DCA· 2026-07-08
  The petition for writ of habeas corpus was dismissed.
• McNeill v. State
  Fla. 1st DCA· 2026-07-08
  The petition for writ of habeas corpus was dismissed.
• Gyden v. State
  Fla. 3d DCA· 2026-07-08
  A petition for habeas corpus cannot circumvent the two-year filing deadline for post-conviction motions under Florida Rule of Criminal Procedure 3.850, and habeas corpus proceedings may not be used to raise issues previously addressed on direct appeal or in prior post-conviction
• Aitken v. Quinn
  Fla. 1st DCA· 2026-07-08
  A petition for writ of mandamus is denied when the circuit court has already directed a response and scheduled an evidentiary hearing on the underlying habeas corpus petition.
• Duckett v. State
  Fla.· 2026-07-08 ·via Habeas Corpus Petition
  The circuit court properly summarily denied Duckett's fifth successive postconviction motion because the DNA testing results were inconclusive and therefore did not constitute newly discovered evidence that would probably produce an acquittal on retrial, and Florida does not reco
• Lagrandeur v. State
  Fla. 3d DCA· 2026-07-08 ·via Writ Of Habeas Corpus
  Habeas corpus petitions containing mixed claims of sentencing errors and ineffective assistance of counsel must be bifurcated, with sentencing claims adjudicated under Rule 3.800(a) and ineffective assistance claims considered under Rule 3.850.
• Brown v. State
  Fla. 2d DCA· 2026-07-08
  When a habeas petition is an improper collateral attack on a conviction that would be barred by the Rule 3.850 time limitation, the circuit court must dismiss the petition as unauthorized rather than convert and transfer it to the sentencing court.
• Mathis v. Comerford
  Fla. 1st DCA· 2026-07-08
  The petition for writ of habeas corpus was dismissed.
• Duckett v. State
  Fla.· 2026-07-01
  Section 925.11, Florida Statutes, and Florida Rule of Criminal Procedure 3.853 do not contemplate an evidentiary hearing after DNA testing results have been provided to the court, defendant, and prosecuting authority, and therefore the circuit court's order denying such a hearing
• Sanchez v. State
  Fla. 3d DCA· 2026-07-01 ·via Habeas Corpus Petition
  Appellate counsel cannot be deemed ineffective for failing to raise a claim that would not have changed the result, and any error in failing to submit habitual felony offender factors to a jury constitutes harmless error beyond a reasonable doubt.
• Dare v. State
  Fla. 1st DCA· 2026-06-26
  The petition for writ of habeas corpus was dismissed.
• Adams v. State
  Fla. 1st DCA· 2026-06-24
  The petition for writ of habeas corpus was dismissed.
• Woodbury v. State of Fla. & Michael Lawrence Woodbury v. Sec'y
  Fla.· 2026-06-11
  A pro se defendant cannot later complain of ineffective assistance of standby counsel, even if standby counsel was present during trial. Postconviction claims that could have been raised on direct appeal are procedurally barred from collateral review. A Brady violation claim is i
• Tobler v. State
  Fla. 1st DCA· 2026-06-10
  The petition for writ of habeas corpus was dismissed.
• Ruiz v. State
  Fla. 4th DCA· 2026-06-04
  The trial court properly denied the petition for writ of habeas corpus.
• LaDon Maurice Green v. State of Fla. & Dep't of Corr.
  Fla. 5th DCA· 2026-05-22
  A pro se litigant who engages in abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from filing further pro se petitions concerning that case.
• Mikell v. Dixon
  Fla. 1st DCA· 2026-05-20
  The petition for writ of habeas corpus was dismissed.
• Smith v. Dixon
  Fla. 1st DCA· 2026-05-20
  The petition for writ of habeas corpus was dismissed.