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
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196 So. 3d 546·
Fla. 5th DCA·
2016-07-26
Rakeem Hill petitioned for a writ of habeas corpus challenging the trial court's denial of bond after his arrest on charges including possession of ammunition by a convicted felon, drug possession with intent to sell, and firearm possession by a convicted felon. The appellate cou
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The court prohibited a pro se litigant from submitting further appeals in his criminal case without representation by a licensed Florida Bar attorney, after he filed ten habeas corpus petitions and multiple other filings without good cause.
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196 So. 3d 502·
Fla. 3d DCA·
2016-07-13
James Davis, a convicted felon serving time for firearm-related offenses since 1996, filed his twelfth post-conviction appeal challenging his convictions. The court imposed sanctions prohibiting Davis from filing further pro se appeals related to his case unless reviewed and sign
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A juvenile challenges a secure detention order based on a flawed Detention Risk Assessment Instrument (DRAI) score. The trial court improperly relied on the juvenile's probationary status as an aggravating circumstance, constituting impermissible double-scoring since that status
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The court held that the petitioner is barred from future pro se filings in this court concerning specific Alachua County Circuit Court case numbers due to abuse of the legal process.
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The court denied the petition for writ of habeas corpus as successive and ordered the petitioner to show cause why he should not be prohibited from further pro se filings.
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193 So. 3d 1085·
Fla. 2d DCA·
2016-06-17
Earl Butler petitioned for relief alleging ineffective assistance of appellate counsel. The appellate court found merit in one ground: counsel's failure to challenge battery convictions enhanced under the prison releasee reoffender (PRR) statute, which does not qualify battery of
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The court denied the petition for writ of habeas corpus as successive and ordered the petitioner to show cause why further pro se filings should not be prohibited.
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192 So. 3d 618·
Fla. 4th DCA·
2016-05-25
On remand from the Florida Supreme Court, the Fourth District Court of Appeal granted defendant Michel's habeas corpus petition on the ground that appellate counsel was ineffective for failing to challenge the trial court's imposition of consecutive mandatory minimum sentences un
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The Florida Supreme Court imposed sanctions on Willie A. Smith, an incarcerated pro se litigant, barring him from filing future pleadings in the Court related to his criminal convictions unless signed by a member of the Florida Bar, based on his pattern of filing at least 27 meri
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190 So. 3d 244·
Fla. 5th DCA·
2016-05-06
Marquies Brisbane petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to supplement the record with voir dire transcripts. The court denied the petition, distinguishing the case from Zankman v. State on the ground that Brisbane'
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190 So. 3d 242·
Fla. 5th DCA·
2016-05-05
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190 So. 3d 230·
Fla. 3d DCA·
2016-05-04
The court affirmed its prior denial of habeas corpus and imposed a bar on further pro se filings by Flowers in the appellate court without attorney representation, subject to sanctions for violation.
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The court denied Griffin's habeas corpus petition and ordered him to show cause why he should not be prohibited from filing further pro se appeals without attorney representation, given his pattern of multiple frivolous post-conviction filings.
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The court denied the petition for writ of habeas corpus and ordered the petitioner to show cause why he should not be prohibited from filing further pro se appeals.
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185 So. 3d 1284·
Fla. 1st DCA·
2016-02-26
The Florida Department of Juvenile Justice and a juvenile (L.W.P.) petitioned for a writ of habeas corpus after L.W.P. was sentenced to five days secure detention for direct contempt of court. The First District Court of Appeal granted the petition, holding that a juvenile cannot
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185 So. 3d 1285·
Fla. 5th DCA·
2016-02-26
Leroy Williams, a death-row inmate convicted of first-degree murder and armed robbery in 1994, sought relief through numerous postconviction motions and a habeas corpus petition. The court imposed a restriction prohibiting Williams from filing further pro se appeals, motions, or
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The court held that the trial court erred in conflating rules regarding preliminary hearings and extensions for filing an information, and that the State failed to show good cause for an extension.
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The Florida Supreme Court denied an inmate's mandamus petition and imposed sanctions restricting his ability to file future pro se petitions. Blaxton had filed 21 extraordinary writ petitions since 2008, all of which were frivolous and meritless, prompting the Court to bar him fr
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181 So. 3d 1260·
Fla. 2d DCA·
2015-12-30
Russell Insko challenged his civil commitment as a sexually violent predator, arguing the trial court lacked jurisdiction because the State initiated commitment proceedings after his criminal sentence had expired. The court granted his petition for habeas corpus, holding that the
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The Florida Third District Court of Appeal affirmed the trial court's denial of Bernard Bonner's petition for a Writ of Habeas Corpus and motion for rehearing. The court noted Bonner's history of numerous unsuccessful pro se motions and appeals challenging his convictions and sen
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The court held that the petitioner is barred from future pro se filings challenging his conviction and sentence due to abuse of the legal process.
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178 So. 3d 540·
Fla. 1st DCA·
2015-11-05
In this habeas corpus appeal, the First District Court of Appeal affirmed the trial court's denial of Cassidy's petition for writ of habeas corpus, holding that habeas corpus is not the proper remedy for collateral postconviction relief available through Rule 3.850 motions. The c
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Cedric Jefferson, a pro se litigant who has filed thirty-two unsuccessful appeals since 1998 challenging his conviction and sentence, petitions for a writ of habeas corpus. The court denies the petition and issues an order to show cause why Jefferson should not be prohibited from
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A former correctional officer convicted of sexual battery and contraband introduction seeks habeas corpus relief for the fifth time. The court dismisses the petition, imposes sanctions for frivolous and successive filings, and prohibits him from filing further challenges to his c
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176 So. 3d 1286·
Fla. 1st DCA·
2015-10-30
Michael Joseph Nilio appealed the circuit court's denial of his habeas corpus petition. The appellate court summarily affirmed the denial, holding that habeas corpus is not available as a substitute for post-conviction proceedings and that Nilio had not shown a preliminary basis
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The court held that a pro se litigant's further filings related to a specific criminal case will be refused unless reviewed and signed by a licensed attorney.
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178 So. 3d 483·
Fla. 1st DCA·
2015-10-22
Gernard Chestnut filed his third successive petition within months alleging ineffective assistance of appellate counsel. The Florida First District Court of Appeal dismissed the petition as successive and imposed sanctions prohibiting further pro se filings challenging his appell
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176 So. 3d 1021·
Fla. 1st DCA·
2015-10-20
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174 So. 3d 621·
Fla. 1st DCA·
2015-09-11
Keith Shanklin appeals the transfer of his habeas corpus petition from the county where he is detained to the sentencing county, arguing that section 907.045 allows post-conviction habeas challenges to charging documents. The court affirmed the transfer, holding that section 907.
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172 So. 3d 1001·
Fla. 1st DCA·
2015-09-03
Jimmy Lowe petitioned for certiorari review of a summary denial of his habeas corpus petition challenging revocation of his conditional release supervision. The court granted the petition in part, finding that while most of Lowe's claims lacked merit, his allegation that he was d
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174 So. 3d 1050·
Fla. 1st DCA·
2015-08-24
The court dismissed a successive and frivolous habeas corpus petition and barred the petitioner from future pro se filings in the court concerning the underlying case, with referral to the Department of Corrections for disciplinary procedures.
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172 So. 3d 533·
Fla. 3d DCA·
2015-08-12
The Florida Third District Court of Appeal denied Leonardo Morales's petition for a writ of habeas corpus challenging his criminal sentence and imposed restrictions on his future pro se filings with the court, requiring any further filings to be signed by a licensed Florida attor
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176 So. 3d 303·
Fla. 3d DCA·
2015-08-05
The court denied the petition for a writ of habeas corpus and issued an order to show cause why the petitioner should not be prohibited from filing further pro se appeals.
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The Florida Third District Court of Appeal imposed sanctions on a pro se litigant who had filed seventeen frivolous post-conviction petitions and appeals since 2001, prohibiting him from filing further pro se pleadings relating to his conviction without attorney review and signat
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168 So. 3d 1280·
Fla. 1st DCA·
2015-07-27
The Florida District Court of Appeal, First District, imposed sanctions on Harris, a prisoner who had filed seven frivolous appeals and petitions over 15 years challenging his 2000 conviction for sexual battery of a minor. The court prohibited Harris from filing pro se appeals in
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175 So. 3d 308·
Fla. 3d DCA·
2015-07-22
Henry Abner Thomas, a pro se criminal defendant, challenged a trial court contempt order and sought to prohibit further filings related to his criminal sentencing. The appellate court upheld the contempt finding and issued an order prohibiting Thomas from filing pro se petitions,
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170 So. 3d 120·
Fla. 3d DCA·
2015-07-01
The Florida District Court of Appeal affirmed its denial of Michael Weaver's habeas corpus petition challenging his 1999 criminal sentence and imposed sanctions prohibiting him from filing further pro se appeals or petitions related to that case without attorney representation.
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Craig Parham challenged the trial court's revocation of his probation, arguing the court lacked jurisdiction because his probationary period had expired before he was served with the probation warrant. The Florida appellate court affirmed the trial court's denial of his habeas co
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201 So. 3d 56·
Fla. 3d DCA·
2015-06-24
Timothy Sneed, a pro se litigant, challenged the trial court's denial of post-conviction relief and filed a habeas petition. The appellate court affirmed the denial, issued a show cause order regarding restrictions on future pro se filings, and ultimately prohibited Sneed from fi
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Julio Betancourt, a pro se litigant who filed eight post-conviction petitions or appeals since 2001, was prohibited by the Third District Court of Appeal from filing further pleadings relating to his convictions without attorney review and signature. The court found that Betancou
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Leonardo Morales petitions for a writ of habeas corpus challenging his life sentence imposed in 1993 following resentencing ordered by the appellate court. The court denies the petition and issues an order to show cause why Morales should not be prohibited from filing further pro
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The court held that a pro se pleading by a represented criminal defendant is a nullity and denied the petitioner's motion for rehearing.
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Leroy Gadson petitioned for habeas corpus, claiming his appellate counsel was ineffective for failing to challenge an illegal sentence. The court granted the petition on one claim, finding that the trial court erroneously classified attempted robbery as a first-degree felony inst
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Justin Lamar Jones sought habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise a fundamentally erroneous attempted manslaughter jury instruction on direct appeal. The Florida Fifth District Court of Appeal granted the petition, finding th
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164 So. 3d 127·
Fla. 1st DCA·
2015-05-08
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Michael Weaver petitioned for a writ of habeas corpus challenging the legality of his 1999 sentence for second-degree murder and armed robbery, arguing that the trial court imposed an upward departure from sentencing guidelines without stating reasons and that his plea was involu