Petition For Writ Of Habeas Corpus

7,516 Florida cases classified under this topic, plus 5,492 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Perez v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-04-26
  Perez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state court convictions for lewd and lascivious battery and molestation of a 14-year-old victim. The district court dismissed the amended petition as time-barred under AEDPA's one-year statu
• Farrell v. State
  S.D. Fla.· 2024-04-25
  The court held that federal habeas review cannot grant relief for state law errors, and to the extent federal claims were raised, they were meritless.
• Daniels v. State
  Fla. 1st DCA· 2024-04-24
  Spencer D. Daniels petitioned for a writ of habeas corpus claiming manifest injustice, but the Florida First District Court of Appeal dismissed the petition because his claims could have been raised on direct appeal or in postconviction motions. The court also sanctioned Daniels
• Barr v. Warden, FCC Coleman - Low
  M.D. Fla.· 2024-04-24
  The court held that claims regarding placement in Special Housing Unit are not cognizable in a habeas corpus proceeding, and the petitioner received adequate due process in his disciplinary proceedings.
• Ellis v. Dixon
  Fla. 1st DCA· 2024-04-24
  The petition for writ of habeas corpus was dismissed.
• Gerome v. Fla. Dep't of Corr.
  S.D. Fla.· 2024-04-24
  The petition for a writ of habeas corpus is dismissed as time-barred because it was filed outside the one-year limitations period prescribed by AEDPA, and the petitioner failed to establish an exception for actual innocence.
• Roberts v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-04-23
  The court denied the petition for a writ of habeas corpus, finding that the state court's rejection of the petitioner's claims of ineffective assistance of counsel was reasonable under AEDPA.
• Davis v. Sec'y, Dep't of Corrections(Sarasota)
  M.D. Fla.· 2024-04-22
  The court held that the application of Florida's DNA database statute to the petitioner did not violate the ex post facto clause, the trial court did not improperly limit voir dire, and the refusal to give a special jury instruction did not violate due process.
• Davis v. Dixon
  S.D. Fla.· 2024-04-22
  The court held that a document labeled 'State of Florida Plea Offer Sheet' did not constitute a clear plea offer because it lacked material terms, and thus counsel's failure to communicate it did not constitute ineffective assistance.
• Capers v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-04-22
  The court held that the habeas corpus application was time-barred because the applicant failed to file within the one-year limitation period, and claims of actual innocence are not independently cognizable in federal court.
• Avant v. Sec'y, Dep't of Corr. (Desoto County)
  M.D. Fla.· 2024-04-19 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the petitioner's federal habeas corpus petition was untimely because it was filed after the expiration of the one-year limitations period established by AEDPA, and a pending state motion to correct an illegal sentence did not appear to have tolling effect.
• McArthur v. Dixon
  Fla. 3d DCA· 2024-04-17 ·via Writ Of Habeas Corpus
  The Florida Third District Court of Appeal upheld an order prohibiting Dennis McArthur, a pro se habeas corpus petitioner, from filing further pleadings related to his criminal case (F11-9093) without attorney representation. The court found that McArthur had abused the judicial
• Sagesse v. Dixon (Lee County)
  M.D. Fla.· 2024-04-17
  The court held that the petitioner failed to make a substantial showing of the denial of a constitutional right, and thus denied his petition for a writ of habeas corpus and the certificate of appealability.
• Martin v. Sec'y, Dep't of Corrections(Marion County)
  M.D. Fla.· 2024-04-16
  The federal habeas corpus petition is dismissed because it is untimely, procedurally barred, and meritless.
• Torres v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-04-16
  The court held that the petitioner's federal habeas petition was untimely because his state court judgment became final on May 14, 2012, and the subsequent Florida Supreme Court actions did not extend the finality date.
• Hillfiger v. Sec'y, Dep't of Corr. (Polk)
  M.D. Fla.· 2024-04-15 ·via Habeas Corpus Petition
  The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
• Kelley v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-04-12
  The court held that the petitioner's habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations.
• Dino Sarac v. Gualtieri
  Fla. 2d DCA· 2024-04-12
  Dino Sarac petitioned for a writ of habeas corpus challenging the revocation of his pretrial release bond in an earlier case, which was revoked at the direction of the original judge through a first appearance judge in a separate, newly-filed case. Although the petition became mo
• Sarac v. Gualtieri
  Fla. 2d DCA· 2024-04-12
  Dino Sarac petitioned for habeas corpus challenging the revocation of his pretrial release in a prior drug/trespass case after his arrest on a new suspended license charge. The court denied the petition as moot because Sarac entered a plea and was sentenced, but explained it woul
• Kitt v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-04-12
  The petition for writ of habeas corpus is dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
• Fetzer v. State of Fla. (Desoto)
  M.D. Fla.· 2024-04-12
  The court held that a federal habeas petition challenging the timeliness of a state civil commitment proceeding under state statutes of limitation is not cognizable, especially when state courts have already rejected the argument on independent and adequate state law grounds.
• Claudio v. Sec'y, Dep't of Corr. (Putnam)
  M.D. Fla.· 2024-04-10 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
• Norfleet v. State
  M.D. Fla.· 2024-04-10 ·via Habeas Corpus Petition
  Tino Norfleet, a pretrial detainee, filed a federal habeas corpus petition challenging aspects of his ongoing state criminal case, including alleged due-process and speedy-trial violations. The district court dismissed the petition as frivolous under the Younger abstention doctri
• Tillman v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-04-10
  The court held that the petitioner's federal habeas petition was time-barred because it was filed outside the one-year limitations period established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
• Sivik v. State
  S.D. Fla.· 2024-04-09
  Cory Barrant Sivik sought federal habeas relief challenging his state conviction for lewd or lascivious molestation of a child under twelve, arguing that statements he made during a police-orchestrated controlled telephone call violated his Fifth and Sixth Amendment rights. The d
• Thompson v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-04-09
  The court held that the petitioner's actual innocence claim failed because it relied on re-arguing the sufficiency of trial evidence rather than presenting new, reliable evidence. Therefore, the petition was dismissed as time-barred.
• Gaitan v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-04-09
  The court held that most of petitioner's claims were time-barred, but the ineffective assistance of counsel claim, though timely, lacked merit.
• Trammell v. State
  Fla. 5th DCA· 2024-04-05
  Jonathan Trammell appealed the dismissal of his habeas corpus petition filed in Volusia County, arguing violations of his due process rights during sentencing. The Fifth District Court of Appeal affirmed the dismissal, holding that because Trammell's claims challenge the validity
• Birchard v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-04-04
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that equitable tolling was not warranted.
• Robinson v. State
  Fla. 1st DCA· 2024-04-03
  The petition for writ of habeas corpus was dismissed.
• Lopez v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-04-03
  The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either procedurally barred, unexhausted, or failed to meet the stringent standards for federal habeas review under AEDPA.
• Brown v. Sec'y, Dep't of Corr. (Duval)
  M.D. Fla.· 2024-03-29
  The court held that the petitioner's release from custody rendered his challenge to the length of his sentence moot, and thus the petition for a writ of habeas corpus should be denied.
• Spears v. Dep't of Corr.
  M.D. Fla.· 2024-03-29 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the state court's rejection of Spears' ineffective assistance of counsel claims was a reasonable application of federal law and supported by the record.
• Perano v. State
  Fla. 5th DCA· 2024-03-28 ·via Writ Of Habeas Corpus
  A trial court may not deny a defendant's motion for bond when the defendant is not charged with a capital or life felony and the State has not sought pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132.
• Perano v. State
  Fla. 5th DCA· 2024-03-28 ·via Writ Of Habeas Corpus
  Joanne Perano petitioned for a writ of habeas corpus challenging her detention without bond on an aggravated stalking charge. The court granted the petition, finding the trial court erred in denying bond when the State failed to seek pretrial detention and the charge was not a ca
• Goodson v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-03-28
  Michael D. Goodson, a Florida inmate, challenged his 2013 Duval County convictions for five counts of attempted second-degree murder and one count of shooting or throwing deadly missiles through a federal habeas petition under 28 U.S.C. § 2254. The Middle District of Florida deni
• Burns v. State
  Fla. 5th DCA· 2024-03-28
  Daryl Keith Burns appealed the trial court's denial of his habeas corpus petition challenging his conviction and sentence. The court reversed and remanded, holding that while the trial court correctly rejected the petition, it should have dismissed rather than denied it because h
• Marquardt v. Dep't of Corr.
  M.D. Fla.· 2024-03-28
  The court denied the habeas petition, finding that the state court's rejection of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
• Burns v. State
  Fla. 5th DCA· 2024-03-28
  A petition for writ of habeas corpus that collaterally attacks an underlying conviction or sentence must be dismissed as unauthorized rather than denied.
• Blazejowski v. Sec'y, Dep't of Corr. (St. Johns County)
  M.D. Fla.· 2024-03-27
  Tawny Blazejowski sought federal habeas corpus relief under 28 U.S.C. § 2254, challenging her 2014 Florida state court convictions for threats or extortion, aggravated stalking, and false reports of child abuse, as well as a 2018 probation revocation. The district court denied he
• Buhler v. Dep't of Corr.
  S.D. Fla.· 2024-03-27
  The court adopted the Magistrate Judge's Report and Recommendation in part, denying the Petitioner's Petition for Writ of Habeas Corpus and denying all requests for a certificate of appealability.
• Leppert v. Sec'y, Dep't of Corrections(Putnam County)
  M.D. Fla.· 2024-03-27
  Morgan Amanda Leppert, convicted at age 15 of first-degree murder and nonhomicide felonies, sought federal habeas relief challenging the constitutionality of Florida's juvenile sentencing scheme and alleging ineffective assistance of counsel. The District Court for the Middle Dis
• Beamon v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-03-27
  Floyd Beamon, an inmate convicted of second-degree murder with a firearm in Duval County, Florida in 2009, challenged his conviction through a federal habeas corpus petition under 28 U.S.C. § 2254, raising eight grounds for relief including claims of trial court error and ineffec
• Parker v. State
  Fla. 1st DCA· 2024-03-27 ·via Writ Of Habeas Corpus
  Ineffective assistance of appellate counsel cannot be argued on habeas corpus where the issue was not preserved for appeal.
• Mitchell v. State
  Fla. 3d DCA· 2024-03-27 ·via Habeas Corpus Petition
  The court affirmed the circuit court's decision, finding that Mitchell's arguments had been previously rejected in prior habeas corpus and post-conviction relief proceedings.
• Hebert v. State
  S.D. Fla.· 2024-03-25
  The court held that the Florida Supreme Court's determination that the conditional-release program is constitutional was reasonable, and therefore, the Third DCA's denial of the petitioner's state-court habeas petition was also reasonable.
• Reyes Ramos v. Secretary
  M.D. Fla.· 2024-03-25
  The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA).
• Taurean Roberto Graham v. State
  Fla. 5th DCA· 2024-03-22 ·via Writ Of Habeas Corpus
  The Florida Fifth District Court of Appeal granted a petition for belated appeal, treating the court's opinion as the notice of appeal. This allows the petitioner to appeal a lower court's denial of a writ of habeas corpus.
• Hearns v. Sec'y, Dep't of Corr. (Sarasota)
  M.D. Fla.· 2024-03-21 ·via Habeas Corpus Petition
  Joshua Hearns sought federal habeas corpus relief challenging his conviction for conspiracy to traffic oxycodone, for which he received a 25-year sentence. The court denied his petition, finding most of his claims procedurally barred because he failed to exhaust state remedies an
• Griffin v. State of Fla. (Columbia County)
  M.D. Fla.· 2024-03-21
  The court found that the petitioner's claims must be evaluated under the deferential standards of AEDPA, and that the petitioner's release from custody raised a potential mootness issue requiring further briefing.