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

• J.S. v. Seeber
  242 So. 3d 1069· Fla. 2d DCA· 2018-01-16
• J.F. v. State
  Fla. 5th DCA· 2018-01-08 ·via Writ Of Habeas Corpus
  A petitioner committed to involuntary inpatient placement must be released by habeas corpus when the record contains no clear and convincing evidence that he is a danger to himself or others.
• Barringer v. FLA. Dept. Corr.
  231 So. 3d 598· Fla. 1st DCA· 2017-12-21 ·via Writ Of Habeas Corpus
  The court held that a petitioner's repeated pro se filings attacking a conviction constituted an abuse of the legal process, warranting a bar from future pro se filings.
• Rodriguez v. State
  237 So. 3d 1069· Fla. 3d DCA· 2017-12-13 ·via Writ Of Habeas Corpus
  The court held that an order denying a motion to dismiss a violation of probation affidavit is not an appealable order.
• Eckford v. State
  230 So. 3d 1280· Fla. 5th DCA· 2017-12-11 ·via Writ Of Habeas Corpus
  James Anthony Eckford, Jr. petitioned for a writ of habeas corpus challenging his pretrial detention without a bond hearing. The court granted the petition, holding that a defendant is entitled to a bond hearing even when questions about competency to stand trial remain unresolve
• Earlene Highsmith v. Ewing
  242 So. 3d 1077· Fla. 2d DCA· 2017-11-21
  The court granted a habeas corpus petition and quashed a house arrest with GPS monitoring condition imposed on an incompetent defendant, holding that release conditions must be tailored to the goal of attaining competency and comply with Florida Rule of Criminal Procedure 3.131(b
• Tyrik L. Lewis v. Knight
  242 So. 3d 1073· Fla. 2d DCA· 2017-11-13
• Belcher v. Jones
  228 So. 3d 530· Fla.· 2017-11-02
• Scott v. State
  235 So. 3d 967· Fla. 3d DCA· 2017-11-01
  Florida appellate court denied habeas corpus petition where petitioner sought to relitigate ineffective assistance of counsel claims already raised in a successive and untimely Rule 3.850 motion.
• Lucas v. State
  230 So. 3d 579· Fla. 2d DCA· 2017-11-01 ·via Writ Of Habeas Corpus
• Ishsha Shalem v. Junior
  235 So. 3d 966· Fla. 3d DCA· 2017-10-31
  Ishsha Shalem petitioned for a writ of habeas corpus challenging her pretrial detention without bond. The appellate court granted the petition, finding the trial court failed to comply with statutory and procedural requirements for pretrial detention determinations, and ordered a
• Ishsha Shalem v. Junior
  238 So. 3d 342· Fla. 3d DCA· 2017-10-27 ·via Writ Of Habeas Corpus
  The court held that the trial court failed to follow statutory and rule requirements for pretrial detention, thus the detention was unlawful.
• Taylor v. Jones
  228 So. 3d 71· Fla.· 2017-10-12
  John Calvin Taylor II petitioned for habeas corpus relief under Hurst v. Florida, challenging his death sentence imposed by a non-unanimous jury recommendation (10-2). The Florida Supreme Court held that Hurst applies retroactively to Taylor's final 2004 sentence and that the non
• Hernandez v. State
  230 So. 3d 509· Fla. 3d DCA· 2017-10-04 ·via Writ Of Habeas Corpus
  The appellate court summarily affirmed the trial court's denial of the motion to extend the appeal period.
• T.M. v. State
  227 So. 3d 745· Fla. 5th DCA· 2017-09-29 ·via Writ Of Habeas Corpus
  The court held that a trial court must enter written findings to justify secure detention, even if findings are made orally at a hearing.
• Doorbal v. Jones
  227 So. 3d 110· Fla.· 2017-09-20
  Noel Doorbal's death sentence is vacated because his jury voted 8-4 for death, violating the requirement established in Hurst v. State that all critical findings for death sentences must be made unanimously by the jury. The case is remanded for a new penalty phase proceeding.
• Young v. Fla. Comm'n ON Offender Review
  225 So. 3d 940· Fla. 5th DCA· 2017-08-18 ·via Habeas Corpus Petition
  The court held that the claim regarding the Presumptive Parole Release Date was properly dismissed for improper venue, but the claim challenging the legality of the life sentence should have been addressed by the sentencing court.
• Chiarella v. State
  242 So. 3d 1063· Fla. 2d DCA· 2017-08-16 ·via Writ Of Habeas Corpus
• Z.J. v. State
  224 So. 3d 308· Fla. 5th DCA· 2017-08-02
  A juvenile petitioner seeks habeas corpus relief challenging her secure detention beyond the statutory 21-day limit. The court grants the petition, finding that the trial court violated Florida's strict statutory detention requirements by failing to either release the juvenile or
• Soto v. State
  224 So. 3d 301· Fla. 3d DCA· 2017-07-26 ·via Petition For Habeas Corpus Relief
  Appellant's postconviction relief and habeas petitions were denied because his acceptance of a negotiated plea agreement waived non-jurisdictional issues he sought to raise.
• Milord v. State
  225 So. 3d 305· Fla. 5th DCA· 2017-07-07
  Yves Jean Jacques Milord appealed the dismissal of his habeas corpus petition challenging his conviction. Although the trial court dismissed the petition on erroneous grounds (venue), the appellate court affirmed because Milord's claims constituted collateral attacks on his convi
• Wilfredo Cardenas v. State
  225 So. 3d 304· Fla. 3d DCA· 2017-07-05
  Wilfredo Cardenas petitioned for a writ of habeas corpus seeking a belated appeal of his 2014 guilty plea to second-degree murder, claiming he instructed his defense counsel to appeal a trial court's denial of a motion to suppress. The court appointed a commissioner to conduct an
• Jermetras Watson v. State
  220 So. 3d 1281· Fla. 5th DCA· 2017-06-26 ·via Writ Of Habeas Corpus
  The court held that the lower court erred by denying pre-trial bond without a proper pre-trial detention hearing as required by rule.
• Donte Jermaine Hall v. State
  219 So. 3d 783· Fla.· 2017-06-15 ·via Writ Of Habeas Corpus
  The Florida Supreme Court affirmed the denial of Hall's postconviction guilt phase claims and rejected his habeas petitions challenging his murder conviction, but vacated his death sentence and remanded for a new penalty phase based on Hurst v. Florida, which requires jury unanim
• Elton Lee Baker v. Dep't OF Corr. & State of Fla.
  220 So. 3d 487· Fla. 5th DCA· 2017-04-28 ·via Habeas Corpus Petition
  The court quashed the trial court's order denying habeas corpus relief and remanded for transfer to the proper county because the Marion County court lacked jurisdiction over convictions imposed in Sumter County.
• Howarth v. Dep't OF Corr. & State of Fla.
  220 So. 3d 485· Fla. 5th DCA· 2017-04-28
  Mark Howarth appealed the dismissal of his habeas corpus petition challenging the sufficiency of an information filed against him. The Fifth District affirmed the dismissal, holding that while the trial court erred in dismissing based on failure to serve the State within 120 days
• C.R.T. v. State
  215 So. 3d 187· Fla. 5th DCA· 2017-04-04 ·via Writ Of Habeas Corpus
  The court held that the thirty-day sentences for contempt violated statutory limits and granted the petition for a writ of habeas corpus.
• Vega v. Dep't OF Child. & Families
  214 So. 3d 775· Fla. 2d DCA· 2017-03-31
  A civilly committed individual cannot refuse required mental health examinations and then claim the Department is failing its statutory obligations due to the lack of those examinations.
• Pinder v. State
  217 So. 3d 130· Fla. 3d DCA· 2017-03-15
  Andre Pinder, serving a life plus forty-year sentence for armed burglary and violent crimes against church members, petitioned for a writ of habeas corpus claiming his upward departure sentence was based on witness intimidation charges he was never charged with. The court denied
• Young v. State
  212 So. 3d 498· Fla. 4th DCA· 2017-03-01
• D.P.O. v. State
  212 So. 3d 1064· Fla. 5th DCA· 2017-02-24 ·via Writ Of Habeas Corpus
  The court held that electronic monitoring beyond 15 days without a continuance for cause is unauthorized detention under statute.
• Geno L. Hawkins, Sr. v. Jones
  211 So. 3d 993· Fla.· 2017-02-23 ·via Writ Of Habeas Corpus
  The court held that the petitioner's repeated frivolous filings warrant sanctions, including rejection of future pro se filings related to his prior conviction.
• FOX v. State
  209 So. 3d 686· Fla. 1st DCA· 2017-02-14
  The court barred a pro se litigant from filing future appeals in this court regarding his conviction and sentence due to abuse of process through repeated frivolous postconviction filings.
• Raed Aldin v. State
  215 So. 3d 91· Fla. 3d DCA· 2017-01-25
  The Florida Third District Court of Appeal denied a petition for writ of habeas corpus, finding that appellate counsel was not ineffective for failing to raise a motion to suppress claim on appeal. The court determined the motion to suppress claim was meritless because police off
• Watts v. State
  210 So. 3d 720· Fla. 1st DCA· 2017-01-23
  Appellate counsel is not ineffective for failing to inform the court of legal changes that occur after a defendant's conviction and sentence have become final.
• Edwards v. State
  206 So. 3d 835· Fla. 1st DCA· 2016-12-21
  The court held that the petitioner's repeated filings constitute an abuse of process and barred him from future pro se filings in the court concerning specific case numbers.
• Gray v. Dep't OF Corr. & State of Fla.
  204 So. 3d 975· Fla. 5th DCA· 2016-12-02
  The court held that while the trial court erred in denying the habeas petition based on venue, the denial is affirmed because the petition was successive and improperly used to relitigate issues already raised or that could have been raised.
• Cherry v. Jones
  208 So. 3d 701· Fla.· 2016-12-01
  Roger Lee Cherry, convicted of two counts of first-degree murder and sentenced to death, petitioned for habeas corpus relief based on intellectual disability. The Florida Supreme Court granted his petition and remanded for an evidentiary hearing, finding that the U.S. Supreme Cou
• R.L. Williams v. State
  208 So. 3d 766· Fla. 3d DCA· 2016-11-23
  R.L. Williams, convicted of first-degree murder and armed robbery in 1987, sought a belated appeal of his 1989 resentencing on the armed robbery conviction via habeas corpus petition in 2016. The court denied the petition but granted his motion for a written opinion, ordering Wil
• Pinder v. State
  217 So. 3d 122· Fla. 3d DCA· 2016-11-23
  Andre Pinder petitioned for habeas corpus challenging his 1991 upward departure sentence. The court denied the petition as successive, finding the issue had been previously reviewed and disposed of, and issued an order to show cause regarding Pinder's pattern of repeated pro se f
• Taylor v. S.B. Rositer
  204 So. 3d 957· Fla. 1st DCA· 2016-11-09 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court concerning the specific Bay County Circuit Court case due to abuse of the legal process.
• Maynard v. Lars Severson
  204 So. 3d 62· Fla. 4th DCA· 2016-10-19 ·via Habeas Corpus Petition
• Broom v. Crews
  204 So. 3d 55· Fla. 1st DCA· 2016-10-10 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court concerning his conviction due to abuse of the legal process.
• Nelson v. Dep't OF Corr. & State of Fla.
  200 So. 3d 1300· Fla. 5th DCA· 2016-10-10
  A habeas corpus petition attacking the validity of a conviction must be brought in the circuit court of the county that rendered the judgment of conviction, even if the petitioner is incarcerated elsewhere.
• Corner v. State
  206 So. 3d 759· Fla. 3d DCA· 2016-10-05 ·via Writ Of Habeas Corpus
  The Florida Third District Court of Appeal upheld its earlier decision denying Lawrence Corner's habeas corpus petition and, after Corner failed to show good cause in response to a show cause order, imposed restrictions on his ability to file further pro se pleadings in the appel
• Markland v. State
  197 So. 3d 1287· Fla. 3d DCA· 2016-08-31 ·via Habeas Corpus Petition
  The court prohibited a pro se criminal defendant from filing further appeals and petitions related to his sentencing without attorney representation, after he failed to show good cause following an order to show cause.
• Naim Johnson v. State
  197 So. 3d 1281· Fla. 5th DCA· 2016-08-26 ·via Writ Of Habeas Corpus
• Arnold v. State
  201 So. 3d 178· Fla. 1st DCA· 2016-08-25 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court concerning his specific case due to abuse of the legal process.
• Jeannin v. State
  197 So. 3d 1277· Fla. 1st DCA· 2016-08-25 ·via Writ Of Habeas Corpus
  Petitioner is barred from filing any future pro se challenges to his conviction and sentence in this court due to repeated abuse of the legal process.
• Sinclair v. State
  199 So. 3d 374· Fla. 1st DCA· 2016-08-16
  The court held that the petitioner is barred from making future pro se filings concerning a specific case due to abuse of the legal process.