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

• Davis v. State
  159 So. 3d 998· Fla. 1st DCA· 2015-03-23
  Danny O. Davis, convicted of sexual battery with a firearm, burglary, and robbery and sentenced to consecutive life sentences, filed a habeas corpus petition raising claims he had previously litigated multiple times. The court dismissed the petition as frivolous, found his pro se
• Clapp v. State
  160 So. 3d 107· Fla. 4th DCA· 2015-03-18 ·via Writ Of Habeas Corpus
• Bright v. Fla. Comm'n on Offender Review
  159 So. 3d 366· Fla. 1st DCA· 2015-03-12
  The appellate court held that the Santa Rosa County circuit court had proper jurisdiction to review the petition for writ of habeas corpus.
• McKINNEY v. State
  159 So. 3d 326· Fla. 1st DCA· 2015-03-09
  Travis McKinney petitioned for a writ of habeas corpus to challenge 2008 judgments and sentences from Wakulla County Circuit Court. The court dismissed the petition and imposed sanctions barring McKinney from future pro se filings in this court concerning the same case due to his
• Turner v. State
  159 So. 3d 279· Fla. 2d DCA· 2015-03-04
  Stanley Lee Turner appealed the summary denial of his motion challenging the legality of his twenty-year sentence as a habitual felony offender for organized fraud. The court held that Turner's sentence was illegal because it exceeded the statutory maximum for the third-degree fe
• Sneed v. State
  201 So. 3d 48· Fla. 3d DCA· 2015-02-25
  Timothy Sneed appeals the denial of his pro se post-conviction relief motion under Florida Rule of Criminal Procedure 3.850, which the trial court rejected as time-barred and successive. The court affirmed the denial, finding Sneed's arguments barred by res judicata from a prior
• Bohner v. State
  157 So. 3d 526· Fla. 1st DCA· 2015-02-16 ·via Habeas Corpus Petition
  The court held that claims of ineffective assistance of trial counsel in Jimmy Ryce Act cases cannot be raised on direct appeal unless the ineffectiveness is apparent from the face of the record.
• Kraft v. State
  156 So. 3d 1116· Fla. 4th DCA· 2015-02-11 ·via Writ Of Habeas Corpus
  A trial court has discretion to consider releasing a defendant on bail following conviction and pending sentencing, and mandamus may issue to compel the exercise of that discretion.
• Johnson v. Marydell Guevara
  156 So. 3d 557· Fla. 3d DCA· 2015-01-21 ·via Writ Of Habeas Corpus
  The court held that the trial court relied upon a legally sufficient record to warrant pretrial detention, despite procedural claims, and denied the petition for habeas corpus.
• Lyons v. State
  156 So. 3d 560· Fla. 3d DCA· 2015-01-21 ·via Habeas Corpus Petition
  The court held that while an amended judgment may have incorrectly omitted credit for time served, habeas corpus is not the proper vehicle to challenge this, and collateral estoppel bars relitigation of habitual offender status.
• Baker v. State
  155 So. 3d 422· Fla. 3d DCA· 2014-12-31
  Baker appeals a venue transfer order for his habeas corpus petition challenging the charging document from his 1996 armed robbery conviction. The appellate court vacates the transfer and remands with instructions to dismiss the petition as an unauthorized habeas corpus action.
• Morrow v. State
  153 So. 3d 402· Fla. 1st DCA· 2014-12-18
  Marcus Morrow sought habeas corpus relief from his continued involuntary commitment after being found not guilty by reason of insanity. The court reversed the trial court's denial of habeas relief because undisputed expert medical evidence precluded involuntary commitment and no
• Moskalenko v. Israel
  162 So. 3d 131· Fla. 4th DCA· 2014-12-10 ·via Writ Of Habeas Corpus
  The court held that a civil contempt order requiring incarceration must include a finding that the contemnor has the present ability to purge the contempt.
• Hooks v. State
  190 So. 3d 649· Fla. 4th DCA· 2014-11-19
  The Fourth District Court of Appeal granted a petition for writ of habeas corpus and vacated attempted second-degree murder convictions because appellate counsel failed to request certification of a conflict or cite controlling precedent regarding jury instructions, preventing th
• Beaton v. State
  162 So. 3d 126· Fla. 4th DCA· 2014-11-19
  Wayne Beaton appealed the denial of a habeas corpus petition challenging his 1996 convictions and sentences. The court affirmed the denial and imposed sanctions against Beaton for abusive and frivolous pro se filing, prohibiting him from filing further documents without a lawyer'
• Verdell J. Hill, Jr. v. State
  152 So. 3d 56· Fla. 5th DCA· 2014-11-10 ·via Writ Of Habeas Corpus
  Petitioner Hill sought habeas corpus relief challenging the trial court's order revoking his pretrial bond without making the required findings of fact. The appellate court partially granted the petition and remanded for the trial court to determine whether Petitioner willfully v
• Ramos-Miranda v. Marydell Guevara
  150 So. 3d 1179· Fla. 3d DCA· 2014-11-07 ·via Writ Of Habeas Corpus
• Borris Moralez v. Marydell Guevara
  151 So. 3d 25· Fla. 3d DCA· 2014-10-24
  A Florida appellate court grants a habeas corpus petition and orders the immediate release of a detainee whose pretrial release was revoked for a noncriminal violation rather than a new crime. The court enforces its mandate requiring an expedited bond hearing and ultimately order
• Lawrence v. State
  149 So. 3d 1162· Fla. 1st DCA· 2014-10-23 ·via Habeas Corpus Petition
  Freddie Lawrence appealed the denial of his postconviction relief motion under Florida Rule of Criminal Procedure 3.850, challenging two grounds. The court reversed and remanded as to Ground 4 (ineffective assistance of counsel regarding plea negotiations) but affirmed the dismis
• Romance Lee Franklin v. State
  162 So. 3d 111· Fla. 4th DCA· 2014-10-15
• L.V. v. State
  147 So. 3d 680· Fla. 3d DCA· 2014-10-10
• Todrick Roberts v. State
  183 So. 3d 412· Fla. 3d DCA· 2014-10-08 ·via Writ Of Habeas Corpus
  The court ordered the pro se litigant to show cause why he should not be prohibited from filing further pro se proceedings concerning his conviction and sentence.
• Robinson v. State
  146 So. 3d 1287· Fla. 3d DCA· 2014-09-19
  Tommy Robinson petitioned for habeas corpus challenging his detention without bond after being arrested on an alias capias warrant for failing to appear at trial. The Florida District Court of Appeal granted the petition in part and remanded for a proper bond hearing, finding the
• Herrera v. State
  146 So. 3d 1266· Fla. 3d DCA· 2014-09-17
• D.L. v. State
  147 So. 3d 653· Fla. 5th DCA· 2014-09-17 ·via Writ Of Habeas Corpus
  The court held that the trial court improperly double-scored the petitioner's possession of a firearm on his Risk Assessment Instrument and failed to address an unrelated pending charge.
• O.A. v. State
  146 So. 3d 135· Fla. 3d DCA· 2014-09-03 ·via Writ Of Habeas Corpus
  A juvenile detained on robbery and drug possession charges petitioned for habeas corpus relief. The appellate court granted the petition after determining that robbery by sudden snatching, absent force beyond that necessary to obtain the property, is not a categorical violent fel
• Gore v. Crews
  146 So. 3d 117· Fla. 1st DCA· 2014-09-02
• Gore v. State
  146 So. 3d 117· Fla. 1st DCA· 2014-09-02
  The court reversed the trial court's denial of a habeas corpus petition and remanded for the trial court to order the Department of Corrections to show cause regarding whether the appellant was properly awarded all applicable jail, prison, and gain-time credits under Florida law.
• G.M. v. Fla. Dep't OF Juv. Just. & Darrell Johnson
  144 So. 3d 687· Fla. 1st DCA· 2014-08-18
  A juvenile detained beyond the statutory 15-day post-commitment limit is entitled to release, even if the juvenile's non-cooperation contributed to the delay, unless specific statutory due process procedures for contempt are followed.
• Alloy Lewin v. State
  145 So. 3d 899· Fla. 4th DCA· 2014-08-13 ·via Habeas Corpus Petition
• Cortes v. State
  144 So. 3d 632· Fla. 4th DCA· 2014-08-06 ·via Habeas Corpus Petition
• Campbell v. State
  143 So. 3d 992· Fla. 3d DCA· 2014-07-16 ·via Habeas Corpus Petition
  The court held that the defendant's habeas corpus petition was frivolous because the trial court properly instructed the jury on justifiable and excusable homicide, and referenced these instructions when instructing on manslaughter.
• Yehowshua Yisrael v. State
  143 So. 3d 426· Fla. 4th DCA· 2014-06-25 ·via Habeas Corpus Petition
  The Fourth District Court of Appeal upheld sanctions against a pro se litigant who filed numerous frivolous and procedurally barred habeas corpus petitions challenging convictions from 2000. The court prohibited the appellant from filing further pro se papers in the court unless
• Lennie Rodgers v. State
  140 So. 3d 1144· Fla. 1st DCA· 2014-06-23 ·via Writ Of Habeas Corpus
  Lennie Rodgers appealed the dismissal of his postconviction motion challenging his conviction and sentence, which he mislabeled as a habeas corpus petition. The Florida District Court of Appeal reversed, holding that mislabeling a motion is not a jurisdictional defect and that ci
• Dorsett v. State
  140 So. 3d 706· Fla. 3d DCA· 2014-06-18
  The appellate court affirmed the dismissal of the habeas corpus petition because it was filed in the wrong court.
• Knight v. GEE
  161 So. 3d 473· Fla. 2d DCA· 2014-06-18
  The court held that a trial court cannot sua sponte increase a defendant's bond without proper notice and a motion by the State showing good cause.
• Bush v. Crews
  141 So. 3d 527· Fla.· 2014-06-12
  The Court held that the inmate's pro se petition was unauthorized and frivolous, warranting sanctions.
• Carrasco v. State
  142 So. 3d 900· Fla. 4th DCA· 2014-06-11 ·via Habeas Corpus Petition
  Defendant Carrasco appealed the denial of a habeas corpus petition challenging the trial court's failure to address supplemental claims to his rule 3.850 postconviction motion. The court affirmed, holding that Carrasco abandoned the supplemental issues by failing to raise them in
• Rightmire v. State
  140 So. 3d 685· Fla. 1st DCA· 2014-06-10 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court concerning the specific case due to abuse of the legal process through repeated filings.
• Hartsfield v. State
  139 So. 3d 948· Fla. 2d DCA· 2014-05-30
  Florida appellate court reversed denial of habeas petition seeking leave to file belated rule 3.850 motion, holding the petition was timely filed within two years of the rule amendment, though remanding for filing with proper oath.
• Kendrick S. Wilson v. State
  141 So. 3d 587· Fla. 4th DCA· 2014-04-30 ·via Habeas Corpus Petition
  The Fourth District Court of Appeal affirmed the trial court's denial of Wilson's habeas corpus petition and imposed sanctions against him for abuse of the post-conviction process through repeated frivolous and procedurally barred filings.
• Chandler v. State
  162 So. 3d 22· Fla. 4th DCA· 2014-04-16
  Zachary Chandler filed a habeas corpus petition challenging his 1999 robbery conviction sentence, claiming the trial court orally pronounced a ten-year sentence while the written order imposed twenty years. The court dismissed the petition as an improper vehicle for a sentence ch
• Rivera v. State
  137 So. 3d 554· Fla. 4th DCA· 2014-04-16
  The Fourth District Court of Appeal affirmed its previous denial of Rivera's habeas corpus petition and imposed sanctions preventing him from filing pro se motions in this court. Rivera filed successive rule 3.850 motions making substantially similar arguments across multiple cas
• Korzan D. Dunkley v. State
  138 So. 3d 486· Fla. 4th DCA· 2014-04-09
• McCRAY v. Dept. OF Corrections
  201 So. 3d 33· Fla. 3d DCA· 2014-04-09 ·via Petition For Habeas Corpus Relief
  Martin Luther McCray petitioned for habeas corpus relief, claiming his sentence had expired and his detention was unjust. The Florida Third District Court of Appeal denied his petition and, after McCray filed numerous successive motions raising identical claims and failed to show
• R.A.J. v. State
  135 So. 3d 523· Fla. 5th DCA· 2014-03-28 ·via Writ Of Habeas Corpus
  The court denied a juvenile's habeas corpus petition, holding that Florida Statutes section 985.439(4)(b) authorizes home detention with electronic monitoring as a probation violation sanction without the time limitations that apply to residential consequence units under subsecti
• Small v. State
  137 So. 3d 1123· Fla. 3d DCA· 2014-03-26
  The Eleventh Judicial Circuit lacked jurisdiction to consider a habeas corpus petition challenging a sentence, requiring the petitioner to seek relief in the circuit court where the conviction occurred.
• Dinkins v. State
  162 So. 3d 2· Fla. 4th DCA· 2014-02-26 ·via Writ Of Habeas Corpus
  The court summarily affirmed the denial of the petition for writ of habeas corpus, finding it untimely, successive, and procedurally barred.
• Coratello v. State
  132 So. 3d 353· Fla. 4th DCA· 2014-01-29 ·via Habeas Corpus Petition
• Marrero v. State
  135 So. 3d 374· Fla. 5th DCA· 2014-01-24 ·via Habeas Corpus Petition