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

• Nails v. Walmart
  252 So. 3d 332· Fla. 3d DCA· 2018-07-25 ·via Writ Of Habeas Corpus
  A writ of habeas corpus cannot be used to obtain belated appeal of a circuit court order denying mandamus review of a presumptive parole release date determination, because the PPRD calculation does not implicate a constitutionally protected liberty interest requiring appointed c
• Sniceson Fleury v. State
  254 So. 3d 975· Fla. 4th DCA· 2018-07-25
  A pretrial release condition requiring a defendant to demonstrate that bond funds are not derived from illegal activity is authorized by Florida law under § 903.046(2)(f) and does not constitute unconstitutional pretrial detention when imposed as a reasonable condition of release
• Brewster v. State
  255 So. 3d 942· Fla. 2d DCA· 2018-07-13
  When a defendant files an amended postconviction motion before the trial court rules on the original motion and before the two-year deadline expires, the trial court must consider the amendments on the merits rather than dismiss them as successive.
• Sardinas v. Junior
  252 So. 3d 295· Fla. 3d DCA· 2018-07-12
  A trial court may order pretrial detention without bond when it finds, based on statutory criteria including past bond violations and failure to appear, that no conditions of release can reasonably assure the defendant's appearance or protect community safety. The State's oral cl
• Barnwell v. Jones
  246 So. 3d 1290· Fla. 1st DCA· 2018-06-28
  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.
• Connelly v. State
  Fla. 1st DCA· 2018-06-28
  A habeas corpus petition filed by a noncapital defendant seeking collateral postconviction relief that is untimely, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion under rule 3.850 must be dismissed as unauthori
• Pappas v. State
  249 So. 3d 777· Fla. 1st DCA· 2018-06-28
  A petition for writ of habeas corpus that does not satisfy the requirements established in Baker v. State must be dismissed as unauthorized.
• Darling v. State
  246 So. 3d 1290· Fla. 1st DCA· 2018-06-28
  A petition for writ of habeas corpus is dismissed as unauthorized.
• Aglio v. State
  246 So. 3d 571· Fla. 3d DCA· 2018-06-27 ·via Writ Of Habeas Corpus
  A $700,000 bond set without compliance with Florida's pretrial release framework violates the defendant's constitutional right to pretrial release on reasonable conditions under Article I, section 14 of the Florida Constitution.
• Sammie Lee Stallworth v. State
  245 So. 3d 1016· Fla. 1st DCA· 2018-06-20
  A petition for writ of habeas corpus is dismissed when it is successive.
• D.F. v. State
  Fla. 5th DCA· 2018-06-04
  The State must present clear and convincing evidence that a person is likely to suffer neglect without treatment or poses a substantial likelihood of inflicting serious bodily harm; a diagnosis of mental illness alone, combined with a preference for pre-packaged food and bottled
• L.G. v. State
  244 So. 3d 418· Fla. 5th DCA· 2018-05-31
  The court granted L.G.'s habeas corpus petition and ordered his immediate release from involuntary psychiatric confinement because the trial court lacked clear and convincing evidence that he was a danger to himself or others as required by the Baker Act.
• Holmes v. State
  245 So. 3d 1008· Fla. 3d DCA· 2018-05-30
  A sentence of life imprisonment does not violate the Florida Constitution's proscription against indefinite terms of imprisonment.
• A.B. v. State
  Fla. 5th DCA· 2018-05-28
  A.B., a minor charged with illegal possession of a firearm, petitioned for habeas corpus challenging her placement in secure detention. The court found the trial court incorrectly recalculated her Risk Assessment Instrument (RAI) by double-counting the firearm possession offense,
• L.G. v. State
  Fla. 5th DCA· 2018-05-28
  A trial court cannot order involuntary psychiatric confinement under the Baker Act without clear and convincing evidence that the person is a danger to himself or others.
• Guillaume v. State
  244 So. 3d 416· Fla. 5th DCA· 2018-05-23
  The Fifth District Court of Appeal of Florida granted a petition for a writ of habeas corpus, ordering the trial court to hold a hearing on the petitioner's motion to reduce bail. The court's decision was based on its reasoning in a related case, Moore v. State.
• Hubbard v. State
  245 So. 3d 1005· Fla. 3d DCA· 2018-05-23 ·via Writ Of Habeas Corpus
  A habeas corpus petition that is actually a motion to vacate judgment may be denied by the trial court, and such denial will be affirmed on appeal.
• Junior Joseph v. State
  Fla. 5th DCA· 2018-05-21
  Where a trial court appoints experts to evaluate a defendant's competency and holds a competency hearing but fails to enter an order adjudicating the defendant competent, appellate counsel is ineffective for not raising this issue on direct appeal.
• Guillaume v. State
  Fla. 5th DCA· 2018-05-21
  A trial court must conduct a proper hearing on a defendant's motion to reduce bail under Florida Rule of Criminal Procedure 3.131.
• Dameon T. Moore v. State
  Fla. 5th DCA· 2018-05-21
  Dameon Moore petitioned for a writ of habeas corpus challenging the trial court's denial of his motion to reduce bail without a hearing. The court granted the petition, finding that Florida law requires bail modification motions to be heard in person by the court, and the trial j
• Pressley Bernard Alston v. State
  243 So. 3d 885· Fla.· 2018-05-17
  Pressley Bernard Alston sought postconviction relief under Hurst v. Florida, which established that jury findings are required for capital sentencing. The Florida Supreme Court affirmed the denial of relief, finding that Alston's 2003 waiver of postconviction proceedings and coun
• Walton v. State
  Fla.· 2018-05-17 ·via Habeas Corpus Petition
  Hurst v. Florida does not apply retroactively to capital defendants whose death sentences became final before Ring v. Arizona was decided. Changes in law cannot be considered as newly discovered evidence within a cumulative analysis under the Jones standard; instead, retroactivit
• Tysheona Smith v. State
  Fla. 5th DCA· 2018-05-07
  Where a defendant adjudicated incompetent to proceed commits a new offense while on conditional release, the trial court may only modify release conditions or involuntarily commit the defendant to the Department of Children and Family Services; detention pending commitment evalua
• Allen v. State
  241 So. 3d 981· Fla. 1st DCA· 2018-04-10
  A petition for writ of habeas corpus is dismissed as moot when the circumstances that gave rise to the petition no longer exist.
• Musson v. State
  242 So. 3d 512· Fla. 2d DCA· 2018-04-06
  Vanessa Musson filed a petition alleging ineffective assistance of appellate counsel. The original trial conviction involved multiple crimes including simple battery, aggravated battery, kidnapping, grand theft, and armed robbery. On appeal, the appellate court reversed only the
• Richardson v. State
  241 So. 3d 925· Fla. 3d DCA· 2018-04-04 ·via Writ Of Habeas Corpus
  Appellant Richardson is affirmed and directed to show cause why he should not be prohibited from filing further pro se appeals and pleadings relating to the underlying case.
• Hunter v. State
  238 So. 3d 1282· Fla. 1st DCA· 2018-03-29
  A petition for writ of habeas corpus that does not satisfy the requirements for original jurisdiction habeas relief must be dismissed as unauthorized.
• Alvarez v. State
  254 So. 3d 510· Fla. 3d DCA· 2018-03-28 ·via Writ Of Habeas Corpus
  When a petitioner seeking a belated appeal makes claims disputed by the State through affidavit or specific contrary allegations, an appellate court must order an evidentiary hearing in the trial court to determine the limited disputed issues of fact before ruling on the petition
• Sanders v. State
  Fla. 5th DCA· 2018-03-26
  The State failed to prove by clear and convincing evidence that Sanders met the statutory criteria for involuntary commitment because the testimony did not specify the nature of self-neglect or substantial harm that would result without commitment, and the need for medication and
• Guardado v. State
  238 So. 3d 162· Fla.· 2018-03-08
  The court held that the defendant's claims were previously rejected and therefore affirmed the denial of his motion to vacate the death sentence.
• Gland v. State
  239 So. 3d 770· Fla. 2d DCA· 2018-03-07
  The two-year time limitation under Florida Rule of Criminal Procedure 3.850(b) begins to run upon the conclusion of the direct appeal process, when the mandate issues in the final appellate decision, not when an individual conviction becomes final during ongoing appellate proceed
• Walker v. Jones
  237 So. 3d 483· Fla. 1st DCA· 2018-02-28
  The court dismissed Walker's appeal for lack of jurisdiction because his notice of appeal was filed outside the 30-day period required by Florida appellate rules, and no extension applied.
• Welch v. State of Fla. Julie L. Jones
  245 So. 3d 862· Fla. 1st DCA· 2018-02-20
  Appellant filed a petition for writ of habeas corpus challenging his judgment and sentence based on alleged constitutional due process violations. The trial court transferred the petition to the sentencing court, but the appellate court reversed, holding that the petition constit
• Baker v. State
  236 So. 3d 503· Fla. 5th DCA· 2018-02-09
  A petition for belated appeal shall be granted when timely filed and the appellate court treats the opinion as notice of appeal from the trial court's order.
• White v. State
  240 So. 3d 61· Fla. 1st DCA· 2018-02-09 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied on the merits.
• Washington v. State
  Fla. 4th DCA· 2018-02-07 ·via Habeas Corpus Petition
  A trial court properly denies a successive and untimely rule 3.850 motion and may sanction a pro se litigant by prohibiting future filings unless signed by a Florida Bar member.
• Fails v. Jones
  240 So. 3d 799· Fla. 1st DCA· 2018-02-05 ·via Habeas Corpus Petition
  A pro se litigant who repeatedly violates court orders restricting filings and engages in frivolous and excessive motion practice may be barred from all pro se filings in the appellate court.
• Elton L. Baker, Sr. v. State
  Fla. 5th DCA· 2018-02-05
  A petition for belated appeal from a denied habeas corpus petition may be granted where the petitioner has not exhausted the time available to perfect a direct appeal.
• Cannon v. State
  251 So. 3d 852· Fla. 2d DCA· 2018-02-02
  Cannon petitioned for a writ of mandamus to quash a capias warrant issued for failing to appear at a pretrial conference. The court granted the petition, treating it as habeas corpus, holding that the trial court lacked adequate notice to Cannon that his physical appearance was r
• Miller v. Jones
  237 So. 3d 921· Fla.· 2018-01-31
  The court held that the petitioner is not entitled to habeas corpus relief because the Hurst decision does not apply retroactively to his sentence.
• Jenkins v. State
  233 So. 3d 1291· Fla. 1st DCA· 2018-01-30 ·via Writ Of Habeas Corpus
  A petition for writ of habeas corpus was denied on the merits.
• Kendrick v. Jones
  234 So. 3d 574· Fla.· 2018-01-25
  The Florida Supreme Court imposed sanctions on Michael Kendrick, a state prisoner who had filed thirty-nine pro se petitions with the Court since 2006, all concerning his 2008 conviction for attempted second-degree murder. The Court barred Kendrick from filing further pro se docu
• Ford v. State
  Fla.· 2018-01-23
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Peterka v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision.
• Suggs v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Stephens v. State
  238 So. 3d 94· Fla.· 2018-01-22
  Stephens, a death row inmate whose sentence became final in 2001, sought relief under Hurst v. Florida, which held that jury recommendations in capital cases must be binding rather than advisory. The Florida Supreme Court affirmed the denial of his Rule 3.851 motion, holding that
• Peterka v. State
  237 So. 3d 903· Fla.· 2018-01-22
  Daniel Jon Peterka sought relief under Hurst v. Florida, claiming his death sentence should be reconsidered because jury recommendations in capital cases must now be binding rather than advisory. The Florida Supreme Court affirmed the denial of his motion, holding that Hurst does
• Kayle Barrington Bates v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.
• Pressley Bernard Alston v. State
  Fla.· 2018-01-22
  A defendant's valid waiver of postconviction proceedings and counsel precludes him from raising a Hurst claim, and Hurst does not apply retroactively to sentences that became final before the Hurst decision.
• Stephens v. State
  Fla.· 2018-01-22
  Hurst v. Florida does not apply retroactively to death sentences that became final before the Hurst decision was issued.