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

• T.F. v. N.M.
  129 So. 3d 1205· Fla. 1st DCA· 2014-01-22
  T.F. appealed the denial of his habeas corpus petition challenging termination of his parental rights, arguing he was denied due process by the trial court's failure to appoint counsel despite his indigency. The court affirmed, holding that although indigent parents are ordinaril
• Corrine Blakely v. State
  132 So. 3d 295· Fla. 4th DCA· 2014-01-08 ·via Writ Of Habeas Corpus
• Wolack v. Tena M. Pate
  135 So. 3d 359· Fla. 5th DCA· 2013-12-27
  The trial court erred by dismissing a habeas corpus petition challenging a presumptive parole release date, as it should have been treated as a mandamus petition and transferred to the appropriate venue.
• Hash v. State of Fla. & Reschin Moore
  135 So. 3d 350· Fla. 1st DCA· 2013-12-10
  Mark Hash petitioned for a writ of habeas corpus challenging his criminal contempt conviction and five-month jail sentence. The Florida District Court of Appeal, First District, granted the petition, finding that the trial court failed to provide adequate notice of the specific f
• McKEE v. Jacobo
  127 So. 3d 857· Fla. 2d DCA· 2013-12-04
  A petition for writ of habeas corpus under section 394.9215 is the proper vehicle for challenging the quality and quantity of rehabilitative services and treatment for involuntarily committed individuals.
• Jones v. State
  127 So. 3d 835· Fla. 3d DCA· 2013-11-27
  The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding the denial was without prejudice to the appellant refiling his post-conviction relief petition.
• Lang v. Crews
  129 So. 3d 397· Fla. 1st DCA· 2013-11-26 ·via Writ Of Habeas Corpus
• Williams v. State
  129 So. 3d 1102· Fla. 1st DCA· 2013-11-20
  Marco Williams, who pleaded guilty to second-degree murder and was sentenced to thirty-five years in prison, filed a habeas corpus petition challenging his 1998 conviction. The appellate court affirmed the dismissal of his petition and imposed sanctions prohibiting him from filin
• Hankins v. State
  123 So. 3d 666· Fla. 5th DCA· 2013-10-18
  Leon Hankins seeks relief from his convictions alleging ineffective assistance of appellate counsel for failing to raise a double jeopardy challenge. The court grants his petition for a new appeal, finding that appellate counsel deviated from the norm by failing to challenge mult
• Oliveira v. State
  124 So. 3d 964· Fla. 4th DCA· 2013-10-16
  Mark Oliveira, a pro se litigant, filed a habeas corpus petition challenging his convictions and a trial court order barring his future pro se filings. The Fourth District Court of Appeal denied the petition and imposed sanctions, prohibiting Oliveira from filing any future pro s
• Goolsby v. State
  121 So. 3d 1163· Fla. 5th DCA· 2013-09-20 ·via Habeas Corpus Petition
  The court held that the petitioner has abused the judicial process by filing frivolous pleadings and is barred from further pro se filings in the specific case. The Clerk of the Court is directed not to accept any further pro se filings from the petitioner.
• Shenard King v. State
  120 So. 3d 108· Fla. 4th DCA· 2013-08-14
  The court held that the defendant failed to show deficient performance or prejudice from appellate counsel's failure to challenge the sufficiency of evidence for battery on a law enforcement officer.
• Wilson v. State
  118 So. 3d 963· Fla. 1st DCA· 2013-08-09
• Smith v. State
  121 So. 3d 602· Fla. 4th DCA· 2013-08-07 ·via Writ Of Habeas Corpus
• Rozzelle v. State
  119 So. 3d 493· Fla. 1st DCA· 2013-07-26 ·via Writ Of Habeas Corpus
  Petitioner is barred from making future pro se filings in this court concerning the specific case due to abuse of the legal process through repeated filings.
• Werdell v. Crews
  134 So. 3d 430· Fla.· 2013-07-11
  The Florida Supreme Court barred an inmate who had filed 42 frivolous pro se proceedings from filing future pro se pleadings related to his criminal convictions, exercising its inherent power to protect itself from abuse of the judicial process.
• Smithwick v. State
  117 So. 3d 85· Fla. 5th DCA· 2013-07-05
  Smithwick filed a habeas corpus petition with the Florida Supreme Court challenging a circuit court order denying his motion to vacate sentence. The supreme court transferred the petition to the Fifth District Court of Appeal, treating it as a notice of appeal. The court dismisse
• Cross v. Crews
  147 So. 3d 21· Fla. 1st DCA· 2013-06-27
  The court held that the petitioner is barred from making future pro se filings in this court concerning the specific case due to abuse of the legal process.
• McGILL v. State
  117 So. 3d 804· Fla. 4th DCA· 2013-06-19
• Harricharan v. State
  114 So. 3d 1069· Fla. 5th DCA· 2013-06-07 ·via Habeas Corpus Petition
  The court held that a litigant who has repeatedly abused the judicial process may be prohibited from filing further pro se petitions or appeals.
• West v. State
  115 So. 3d 1047· Fla. 4th DCA· 2013-06-05
  The court held that the trial court properly denied the appellant's untimely, successive, and frivolous postconviction challenge.
• Walker v. State
  112 So. 3d 608· Fla. 4th DCA· 2013-04-24 ·via Habeas Corpus Petition
  Donald Walker sought habeas corpus relief challenging his 1991 resentence, claiming the trial court should have imposed a guidelines term rather than a departure sentence. The Florida appellate court affirmed the trial court's denial, finding that Shull v. Dugger did not apply be
• Tagliamonte v. State
  126 So. 3d 352· Fla. 3d DCA· 2013-04-19 ·via Writ Of Habeas Corpus
  Andrew Tagliamonte petitioned for a writ of habeas corpus challenging the trial court's sua sponte modification of his pretrial release conditions to require him to stay away from his minor son. The court granted the petition, holding that a trial court lacks authority to modify
• Niel Paul v. Ryan
  126 So. 3d 349· Fla. 3d DCA· 2013-04-17 ·via Writ Of Habeas Corpus
  Florida appellate court granted habeas corpus petition because trial court failed to determine whether defendant's failure to appear was willful before denying bond.
• Samora Rancy v. State
  110 So. 3d 989· Fla. 5th DCA· 2013-04-17
• Fales v. Fla. Parole Comm'n
  110 So. 3d 527· Fla. 1st DCA· 2013-04-03
• United States v. Brye
  1990 WL 168164· M.D. Fla.· 2013-03-28
  The court held that a district court of incarceration lacks the jurisdictional authority to order another coequal district court to resentence a defendant.
• Shelton v. State
  109 So. 3d 869· Fla. 3d DCA· 2013-03-13
  Shelton appealed the denial of his habeas corpus petition challenging the legality of his 1995 habitual violent felony offender sentence. The court reversed and remanded because the trial court had incorrectly transferred the petition to the wrong circuit and had not reached the
• Shelton Ty Prudhomme v. Fla. Dep't OF Corr.
  109 So. 3d 276· Fla. 1st DCA· 2013-02-28 ·via Habeas Corpus Petition
• Penney v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  707 F.3d 1239· 11th Cir.· 2013-02-05 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  A Florida inmate's federal habeas corpus petition was untimely because his state Rule 3.800(c) post-conviction motion, which he relied upon to toll the one-year filing deadline, was dismissed by the state court as untimely filed and therefore did not constitute a "properly filed"
• Summerall v. State
  107 So. 3d 448· Fla. 2d DCA· 2013-01-11
  Teddy Summerall appealed the dismissal of his habeas corpus petition, arguing his convictions and sentences were unjust in light of relief granted to his brother on direct appeal. The court affirmed the dismissal, noting Summerall had repeatedly raised this identical claim over m
• Petsoules v. State
  104 So. 3d 1284· Fla. 5th DCA· 2013-01-11
  Michael Petsoules filed a second habeas corpus petition after his first was extensively litigated. The Fifth District Court of Appeal denied the petition as successive, untimely, and without merit, and barred Petsoules from filing further pro se pleadings in the case due to abuse
• Andria Michelle Kerchner v. State
  103 So. 3d 284· Fla. 5th DCA· 2013-01-02 ·via Writ Of Habeas Corpus
• Lucious Hankins, Jr. v. State
  105 So. 3d 574· Fla. 4th DCA· 2012-12-19 ·via Habeas Corpus Petition
  The Florida Fourth District Court of Appeal imposed sanctions on a pro se litigant for filing frivolous and successive post-conviction petitions nearly twenty years after his 1994 conviction was affirmed. The court barred the petitioner from filing further documents unless review
• N.H. Indem. Co. v. Scott
  407 F. Supp. 2d 1142· M.D. Fla.· 2012-12-13
  The court held that the insurance policy's 'auto accident' coverage does not extend to intentional criminal acts like robbery and battery, and the exclusion for intentionally caused bodily injury applies.
• Reilly v. State
  102 So. 3d 680· Fla. 1st DCA· 2012-11-16
  Sean Reilly sought relief for ineffective assistance of appellate counsel, arguing his appellate attorney failed to raise that the trial court improperly denied his request for a Nelson hearing regarding discharge of court-appointed counsel. The court agreed, finding the appellat
• Mervyn Paul Arnold v. State
  114 So. 3d 223· Fla. 5th DCA· 2012-11-16 ·via Writ Of Habeas Corpus
  The dismissal of a petition for writ of habeas corpus is affirmed because the appellant received concurrent sentencing as agreed, and Florida's lack of parole does not render his detention unlawful.
• Delegal v. State
  126 So. 3d 1232· Fla. 4th DCA· 2012-10-24 ·via Writ Of Habeas Corpus
• Jackson v. Tucker
  99 So. 3d 614· Fla. 1st DCA· 2012-10-23
  Jackson petitioned for habeas corpus relief claiming he was entitled to additional gain-time credits and immediate release from the Florida Department of Corrections. The circuit court refused to file his habeas petition due to his failure to submit an indigency affidavit or pay
• Benny Mooney v. Fla. Parole Comm'n & The Fla. Dep't of Corr.
  98 So. 3d 728· Fla. 1st DCA· 2012-10-08 ·via Writ Of Habeas Corpus
• Plucinik v. State
  97 So. 3d 323· Fla. 5th DCA· 2012-09-14 ·via Habeas Corpus Petition
  Matthew Plucinik, an inmate convicted of sexual battery, filed a second habeas corpus petition asserting ineffective assistance of appellate counsel. The court denied the petition, found Plucinik had committed perjury by making false sworn allegations, prohibited him from filing
• A.P. v. Housel
  126 So. 3d 1182· Fla. 4th DCA· 2012-09-12 ·via Writ Of Habeas Corpus
  A juvenile detained pending placement in a residential facility challenges the risk assessment instrument (RAI) scoring used to justify secure detention. The court held that RAI points for 'committed or detention' status must be based on the juvenile's legal status at the time of
• Malando Wright v. State
  96 So. 3d 1145· Fla. 4th DCA· 2012-09-12
  A Florida appellate court granted a petition for ineffective assistance of appellate counsel, finding that appellate counsel failed to raise a preserved error regarding the trial court's erroneous belief that it lacked discretion to impose youthful offender sanctions. The petitio
• Hampton v. State
  96 So. 3d 1132· Fla. 1st DCA· 2012-09-11 ·via Writ Of Habeas Corpus
  The court held that the petitioner is barred from future pro se filings in this court challenging the judgment and sentence due to abuse of the legal process.
• Hall v. Ryan
  98 So. 3d 1195· Fla. 3d DCA· 2012-09-05 ·via Writ Of Habeas Corpus
  The court granted the State's petition for certiorari to review an order reinstating a defendant's release on his own recognizance, while denying the defendant's petition for habeas corpus seeking reinstatement of that release.
• Smith v. State
  97 So. 3d 262· Fla. 4th DCA· 2012-08-29
• Bradford v. State
  93 So. 3d 1180· Fla. 1st DCA· 2012-08-03 ·via Writ Of Habeas Corpus
  Jeff David Bradford, a state prisoner serving a life sentence since 1974, appealed the trial court's denial of his habeas corpus petition challenging the Florida Parole Commission's suspension of his presumptive parole release date. The appellate court affirmed, rejecting Bradfor
• Jenkins v. State
  92 So. 3d 279· Fla. 3d DCA· 2012-07-11 ·via Writ Of Habeas Corpus
  The court held that the petitioner has shown no good cause to avoid prohibition of further pro se filings due to his history of successive and meritless motions.
• Elliott v. State
  88 So. 3d 1075· Fla. 1st DCA· 2012-06-08 ·via Habeas Corpus Petition
• Shernerd Richardson v. Tucker
  90 So. 3d 265· Fla.· 2012-05-10
  The Florida Supreme Court sanctioned an inmate, Shernerd Richardson, for filing eleven frivolous extraordinary writ petitions related to his affirmed sex offense conviction. The Court prohibited Richardson from filing further pro se pleadings regarding his criminal case unless re