Petition For Writ Of Habeas Corpus

7,517 Florida cases classified under this topic, plus 5,493 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Roberson v. Inch
  N.D. Fla.· 2019-05-09
  The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
• Gyden II v. State
  273 So. 3d 1094· Fla. 3d DCA· 2019-05-01
  Bernard Gyden II appealed the trial court's dismissal of his Rule 3.850 motion for postconviction relief on the ground that the court lacked jurisdiction while a habeas corpus petition asserting ineffective assistance of appellate counsel was pending before the appellate court. T
• Bent v. State of Fla. & Louis A. Quinones, JR.
  271 So. 3d 1212· Fla. 5th DCA· 2019-05-01
  A trial court abuses its discretion by refusing to hold a hearing on a motion to set bond when the motion is supported by a witness's recantation of identification testimony and corroboration by law enforcement.
• Darrel Harvey v. State
  Fla. 1st DCA· 2019-04-29 ·via Writ Of Habeas Corpus
  A habeas corpus petition that challenges a conviction on direct appeal in another case is unauthorized and must be dismissed, and administrative challenges to Department of Corrections decisions must be addressed in circuit court.
• Torres v. State
  2017 WL 1908371· Fla. 3d DCA· 2019-04-24 ·via Writ Of Habeas Corpus
  A petition alleging ineffective assistance of appellate counsel on direct review must be filed within four years after the judgment and sentence become final on direct review, regardless of any exceptional circumstances.
• Calzetta v. State of Fla. & Bryan R. Holt
  14 Fla. L. Weekly 1527· Fla. 5th DCA· 2019-04-22
  A motion to modify bail on a felony charge must be heard by a court in person with the defendant present and at least three hours' notice to the state attorney, and cannot be denied without such a hearing.
• State v. Dion Renoldo Wilson
  268 So. 3d 927· Fla. 5th DCA· 2019-04-18
  A traffic stop for failure to maintain a single lane is justified when the vehicle is operated in an unusual manner that endangers other vehicles, even if the driver's conduct does not constitute erratic or impaired driving.
• Benjamin v. Junior
  271 So. 3d 151· Fla. 3d DCA· 2019-04-18 ·via Writ Of Habeas Corpus
  A trial court must make an explicit finding that a defendant's failure to appear was willful and that no reasonable conditions of release exist before ordering pretrial detention without bond.
• McGlocklin v. State
  273 So. 3d 1068· Fla. 3d DCA· 2019-04-17
  The court imposed a vexatious litigant restriction on Mike McGlocklin, prohibiting him from filing further pro se appeals and pleadings relating to his conviction in case F00-19296. The restriction was imposed after McGlocklin filed successive, duplicative, and meritless petition
• J.A. v. Housel
  26 Fla. L. Weekly S558· Fla. 3d DCA· 2019-04-15
  A juvenile petitioner challenges her continued detention in secure custody after a trial court mitigated her 100-day contempt sentence to time served (24 days) with no conditions. The appellate court granted the habeas corpus petition, holding that once the sentence was unconditi
• Moise v. State
  Fla. 3d DCA· 2019-04-10 ·via Habeas Corpus Petition
  A trial court properly denies a habeas corpus petition when the petitioner fails to establish grounds for relief.
• Conill-Valdes v. State
  266 So. 3d 879· Fla. 5th DCA· 2019-03-29 ·via Writ Of Habeas Corpus
  A successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 may be denied, and a petition for belated appeal of such denial is subject to denial on the merits.
• Howard v. State
  273 So. 3d 169· Fla. 5th DCA· 2019-03-29
  In this workers' compensation appeal, the Florida District Court of Appeal reversed the lower court's denial of benefits to fruit pickers injured while assisting stranded motorists. The court held that the claimants' rescue efforts constituted a compensable activity under the pos
• Daryll Gooding v. State
  267 So. 3d 363· Fla. 1st DCA· 2019-03-28
  A motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a) may be treated as a petition for writ of habeas corpus and dismissed when the underlying claim lacks merit.
• Jones v. State
  266 So. 3d 1248· Fla. 5th DCA· 2019-03-15 ·via Habeas Corpus Petition
  Appellate counsel was ineffective for failing to appeal the denial of a meritorious motion for judgment of acquittal.
• T. L. v. F. M.
  Fla. 2d DCA· 2019-03-13
  T.L. petitioned for a writ of prohibition or habeas corpus challenging a circuit court's ex parte order authorizing law enforcement to transport her for involuntary substance abuse assessment and stabilization under Florida's Marchman Act. The court initially denied the petition
• Gelsey v. State
  267 So. 3d 1060· Fla. 1st DCA· 2019-02-27
  The petition for writ of habeas corpus was dismissed.
• A.A. v. State
  Fla. 3d DCA· 2019-02-27 ·via Habeas Corpus Petition
  This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
• Carroll v. Inch
  268 So. 3d 835· Fla. 1st DCA· 2019-02-27 ·via Writ Of Habeas Corpus
  A habeas corpus petition challenging conditions or the validity of a sentence that could be remedied through available statutory procedures or direct appeal must be dismissed.
• A.A. v. State
  Fla. 3d DCA· 2019-02-27 ·via Habeas Corpus Petition
  This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
• A.A. v. State
  Fla. 3d DCA· 2019-02-27 ·via Habeas Corpus Petition
  This case addresses the authority of juvenile courts to issue "do not run" orders and the due process requirements for contempt proceedings arising from violations of such orders. The court affirmed the issuance of "do not run" orders for two juveniles but reversed a contempt adj
• Gomez v. State
  Fla. 1st DCA· 2019-02-12
  A guilty plea to second-degree murder has a sufficient factual basis when the prosecutor presents evidence at the plea hearing that the defendant drowned both victims, was found in the pool with their bodies, and admitted responsibility during police questioning, supported by the
• Giles v. State
  262 So. 3d 881· Fla. 1st DCA· 2019-02-05
  A petition for writ of habeas corpus alleging ineffectiveness of appellate counsel is denied as untimely under Florida Rules of Appellate Procedure rule 9.141(d)(5), and alternatively, appellate counsel is not ineffective for failing to raise every conceivable nonfrivolous issue.
• Horvatt v. State
  263 So. 3d 793· Fla. 5th DCA· 2019-02-05 ·via Writ Of Habeas Corpus
  A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his sentence may be prohibited from filing further pro se filings in that case.
• Johnson v. State
  273 So. 3d 1029· Fla. 3d DCA· 2019-01-23
  Demetrius Tony Johnson petitioned for a writ of habeas corpus challenging his 1997 conviction for armed robbery, attempted second-degree murder, and burglary with assault and battery while armed. After decades of successive and repetitive post-conviction filings, the court denied
• Crum v. State
  264 So. 3d 1030· Fla. 2d DCA· 2019-01-04
  A prisoner who personally swears under oath to the truth of documents filed in appellate proceedings cannot escape responsibility by claiming reliance on prison law clerks, and when false evidence is presented in multiple postconviction proceedings despite the prisoner's awarenes
• D'Amico v. Smith
  263 So. 3d 817· Fla. 1st DCA· 2018-12-28
  A habeas corpus petition challenging the sufficiency of the charging instrument must be transferred to the circuit court in which the petitioner was convicted and sentenced.
• Marts v. Jones
  260 So. 3d 1057· Fla.· 2018-12-20 ·via Writ Of Habeas Corpus
  Sidney Marts Jr., a state prisoner, filed his 29th pro se petition with the Florida Supreme Court since 2008, all relating to the same criminal case. The Court found Marts had engaged in vexatious filing of meritless petitions and imposed sanctions barring him from filing further
• Burke v. State
  259 So. 3d 1006· Fla. 5th DCA· 2018-12-14
  A petition for belated appeal may be granted to allow review of a trial court's order denying a habeas corpus petition.
• Doyle Heard v. Dep't of Corr. & the Fla. Comm'n on Offender Review
  264 So. 3d 214· Fla. 1st DCA· 2018-12-14
  Inmate Doyle Heard sought habeas corpus relief challenging the cancellation of his overcrowding credits and the calculation of basic gain-time (BGT) forfeited after his parole revocations. The First District Court of Appeals affirmed the circuit court's denial, holding that the r
• Carter v. State
  257 So. 3d 1227· Fla. 1st DCA· 2018-11-30
  A petition for writ of habeas corpus must be dismissed as unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
• Avant v. Judd
  259 So. 3d 832· Fla. 2d DCA· 2018-11-27
  A trial court's judgment establishing a boundary line between coterminous landowners need not be supported by a great preponderance of the evidence; the judgment should be affirmed if credible evidence supports the decree under any reasonable aspect of the case. The trial court p
• Burnsed v. Fla. Comm'n on Offender Review
  Fla. 1st DCA· 2018-11-27
  The Florida Commission on Offender Review had discretionary authority under section 947.1405(6) to impose special conditions of conditional release, including internet restrictions, without limitation based on the offense date or sexual predator status. Restrictions on special co
• Haggan v. State
  263 So. 3d 132· Fla. 5th DCA· 2018-11-05
  When a defendant who initially posted bond fails to appear, then voluntarily surrenders and moves to set bond while claiming the failure was unintentional, the trial court must hold a hearing to determine whether the failure was willful and whether reasonable conditions of releas
• Schiming v. Jones
  256 So. 3d 1216· Fla.· 2018-10-19
  The court held that the petitioner's habeas corpus petition was repetitive and frivolous, warranting sanctions.
• Monroe v. State
  Fla. 1st DCA· 2018-10-18
  A petition for writ of habeas corpus is unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
• Pearson v. Rambosk
  255 So. 3d 826· Fla. 2d DCA· 2018-10-12
  Hampton Alonzo Corry appeals his sentence for resisting an officer with violence, challenging the inclusion of 36 sentencing points based on legal constraint at the time of offense. The court reversed and remanded because the presentence investigation report contained contradicto
• Bacchus v. State
  259 So. 3d 199· Fla. 3d DCA· 2018-10-10
  A habeas corpus petitioner may be prohibited from filing further pro se pleadings related to his conviction unless signed by a member of the Florida Bar in good standing.
• Bernardo Gray v. State
  Fla. 4th DCA· 2018-10-10
  A first appearance judge must make a finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond; failure to make this finding constitutes error, though it may be harmless i
• Fredery Leon Duarte v. State
  Fla. 4th DCA· 2018-10-10 ·via Writ Of Habeas Corpus
  A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond. Although the trial judge's failure to make this finding constitut
• Christy v. State
  253 So. 3d 1266· Fla. 1st DCA· 2018-10-03 ·via Writ Of Habeas Corpus
  The speedy trial period runs from the date of arrest as to the specific arrest warrant, not from an earlier date when the defendant was incarcerated on other charges.
• McGlocklin v. State
  Fla. 3d DCA· 2018-10-03
  The Florida Third District Court of Appeal issued an order prohibiting Mike McGlocklin from filing further pro se appeals, petitions, and pleadings relating to his conviction in case F00-19296 after determining he had not shown good cause why such a prohibition should not be impo
• Adams v. Utah Power Sys., LLC
  255 So. 3d 968· Fla. 3d DCA· 2018-09-14
  The Florida District Court of Appeal, Third District, granted Joel Adams's petition for writ of habeas corpus and quashed writs of bodily attachment issued against him for civil contempt of court based on alleged discovery violations. The court held that the trial court failed to
• Rogers v. State
  260 So. 3d 1079· Fla. 3d DCA· 2018-09-12
  Willie Rogers' petition for a writ of habeas corpus was denied on August 1, 2018, and the court subsequently issued an order to show cause why he should not be prohibited from filing further pro se appeals and motions. Rogers filed a response and motion for rehearing, which was d
• Jackson v. State
  255 So. 3d 461· Fla. 3d DCA· 2018-09-12
  Sharon Hyder appealed a summary judgment foreclosing a mortgage executed to secure payment for legal services rendered by Dempsey & Goldsmith, P.A. The appellate court reversed, finding genuine issues of material fact regarding the reasonableness and amount of attorney fees owed,
• Rogers v. State
  260 So. 3d 1079· Fla. 3d DCA· 2018-09-12
  A pro se litigant who repeatedly files pleadings raising issues that should have been presented in timely post-conviction relief motions may be prohibited from filing further pro se appeals and pleadings without attorney representation.
• Foster Brown v. State
  Fla. 1st DCA· 2018-08-16 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus that fails to meet the requirements established in Baker v. State may be dismissed without detailed analysis.
• Crenshaw v. State
  252 So. 3d 856· Fla. 2d DCA· 2018-08-15
  Morris Crenshaw appeals the denial of his habeas corpus petition challenging his second-degree murder conviction based on an erroneous jury instruction on the lesser-included offense of manslaughter. The court granted relief, finding that Crenshaw's argument had merit and that de
• Gernard Chestnut v. State
  251 So. 3d 349· Fla. 1st DCA· 2018-08-10
  A petition for writ of habeas corpus that does not meet the requirements for authorization under Florida law must be dismissed.
• Casey v. Jones
  249 So. 3d 1326· Fla. 1st DCA· 2018-08-01 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus may not be used to seek a belated appeal of an order in a civil proceeding.