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

• Brinson v. State
  995 So. 2d 1047· Fla. 2d DCA· 2008-11-14
  A prior conviction for battery on a law enforcement officer cannot be used as a qualifying offense for a violent career criminal sentence if its statutory elements do not include the use or threat of physical force or violence.
• R.A.P. v. Parkins
  994 So. 2d 414· Fla. 1st DCA· 2008-10-22 ·via Writ Of Habeas Corpus
  A juvenile detained in secure custody for violating probation conditions without committing a new crime petitioned for habeas corpus relief. The court held that secure detention is not authorized under Florida law when the alleged probation violation does not constitute a new off
• Carter v. State
  2 So. 3d 320· Fla. 3d DCA· 2008-10-15
  The court affirmed the trial court's order granting sanctions and issued an order to show cause why the defendant should not be prohibited from filing further pro se pleadings.
• Deandrea S. Thomas v. McNEIL
  990 So. 2d 1222· Fla. 1st DCA· 2008-09-22 ·via Writ Of Habeas Corpus
  The court granted certiorari and quashed a habeas corpus dismissal order because the trial court lacked jurisdiction when the petitioner was never incarcerated in the county where the case was heard.
• McClinton v. McNeil
  615 F. Supp. 2d 1310· M.D. Fla.· 2008-09-19
  The court held that the petitioner was not entitled to federal habeas relief because the state court's adjudications of his claims were not contrary to, nor an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the
• McCRORY v. State
  990 So. 2d 658· Fla. 4th DCA· 2008-09-10 ·via Habeas Corpus Petition
  The Fourth District reversed the trial court's assessment of fees and costs in a Jimmy Ryce civil commitment proceeding, holding that trial courts lack statutory authority to impose such costs, while affirming the commitment on other grounds and directing that ineffective assista
• Keair S. Walker v. State
  990 So. 2d 1119· Fla. 3d DCA· 2008-08-06
  Keair Walker, convicted of first-degree murder and sentenced to life imprisonment, filed a petition for collateral relief claiming his appellate counsel was ineffective for failing to raise four issues on direct appeal. The Florida Third District Court of Appeal denied the petiti
• Darcy L. Robinson v. State
  987 So. 2d 768· Fla. 3d DCA· 2008-07-23
• S.W. v. State
  987 So. 2d 173· Fla. 4th DCA· 2008-07-16
  A minor, S.W., petitioned for habeas corpus relief from secure detention pending placement in a high-risk residential program. The court granted the petition because S.W.'s risk assessment score did not meet the threshold for secure detention and the trial court failed to provide
• In re Amendments TO Fla. Rule OF Juv. Procedure 8.100
  985 So. 2d 534· Fla.· 2008-06-26 ·via Writ Of Habeas Corpus
  The Florida Supreme Court adopted a proposed amendment to Florida Rule of Juvenile Procedure 8.100(e) to allow parties and their attorneys to obtain transcripts of court proceedings in juvenile delinquency cases without requiring a court order. This change was implemented to faci
• Miller v. State
  985 So. 2d 1152· Fla. 3d DCA· 2008-06-18 ·via Writ Of Habeas Corpus
  Miller sought habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a sufficiency of the evidence argument on direct appeal regarding the items stolen and their value in a burglary and grand theft case. The court denied the petition, finding amp
• Peterson v. Fla. Parole Comm'n
  982 So. 2d 1226· Fla. 1st DCA· 2008-05-27
  The court granted certiorari and quashed the circuit court's order affirming parole revocation because the Parole Commission's revocation order failed to contain a finding that the petitioner's actions constituted a willful violation of a substantial condition of supervision.
• Brown v. McNeil
  591 F. Supp. 2d 1245· M.D. Fla.· 2008-05-14
  The court held that the Florida Parole Commission did not abuse its discretion in revoking Petitioner's conditional release supervision, as it accepted the hearing examiner's findings of guilt and acted within its statutory authority.
• Marlin Leon Wiggins v. State
  981 So. 2d 554· Fla. 2d DCA· 2008-05-02 ·via Writ Of Habeas Corpus
  Marlin Leon Wiggins petitioned for a writ of prohibition challenging a trial court's order granting the State's motion to extend the speedy trial period. The Florida Second District Court of Appeal affirmed the trial court's decision, holding that the court did not abuse its disc
• Hogan v. State
  984 So. 2d 546· Fla. 5th DCA· 2008-05-02 ·via Writ Of Habeas Corpus
  The Florida Fifth District Court of Appeal affirmed its order prohibiting Michael L. Hogan, a death-row inmate, from filing any further appeals, petitions, pleadings, or motions related to his 1987 first-degree murder conviction without attorney review and signature. The court to
• Yearby v. Fla. Parole Comm'n
  980 So. 2d 592· Fla. 4th DCA· 2008-04-30 ·via Writ Of Habeas Corpus
  The court denied the petition for writ of certiorari, finding the circuit court's order denying habeas corpus was not a departure from the essential requirements of law.
• Stallings v. Ryan
  979 So. 2d 1167· Fla. 3d DCA· 2008-04-23 ·via Writ Of Habeas Corpus
  David Stallings petitioned for habeas corpus challenging his detention without bond on charges of sexual battery alleged to have occurred between 1974 and 1985. The appellate court granted the petition, finding the State failed to meet its burden of proving guilt was evident or t
• Cooper v. McNeil
  622 F. Supp. 2d 1242· M.D. Fla.· 2008-04-23
  The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law and was based on reasonable factual determinations, thus denying the petition for writ of habeas corpus.
• Dante v. Ryan
  979 So. 2d 1122· Fla. 3d DCA· 2008-04-09 ·via Writ Of Habeas Corpus
  William Dante, an inmate, petitioned for a writ of mandamus to compel the Miami-Dade County Department of Corrections to provide annual teeth cleaning and fillings. The Florida Third District Court of Appeal denied the petition because Dante failed to exhaust available administra
• Ford v. Sec'y, Dep't of Corr.
  558 F. Supp. 2d 1220· M.D. Fla.· 2008-04-04
  The court held that the petitioner's claims for habeas corpus relief were denied as they failed to meet the threshold requirements of 28 U.S.C. § 2254(d) and (e), and were either procedurally barred or refuted by the record.
• YON v. Fla. Parole Comm'n
  993 So. 2d 1059· Fla. 1st DCA· 2008-04-03
  Petitioner Yon seeks review of orders denying his habeas corpus petition challenging the Florida Parole Commission's revocation of his conditional release. The appellate court quashes the improper transfer of the case from Madison County to Calhoun County and remands for the prop
• Sanchez-Toribio v. Sec'y, Fla. Dep't of Corr.
  557 F. Supp. 2d 1322· M.D. Fla.· 2008-03-31
  The court held that the petitioner's claim regarding jury instructions was procedurally defaulted and that his claim regarding the admissibility of his confession was not an unreasonable application of federal law.
• McDONOUGH v. Durrah
  976 So. 2d 11· Fla. 5th DCA· 2008-01-18
  The Florida Department of Corrections appealed a trial court's grant of habeas relief requiring it to credit a defendant's prior prison time toward his remaining incarceration after violation of a suspended sentence. The appellate court reversed, holding that a defendant is not e
• Sando v. State of Fla. & Al Lamberti
  972 So. 2d 271· Fla. 4th DCA· 2008-01-10 ·via Writ Of Habeas Corpus
  Victoria Sando petitioned for habeas corpus challenging her incarceration for violation of a domestic violence injunction. The court granted the petition, finding that Sando was denied due process because the trial court imposed a criminal contempt sanction without following crim
• Nelms v. State
  971 So. 2d 994· Fla. 5th DCA· 2008-01-04
• Gaskins v. State
  970 So. 2d 916· Fla. 2d DCA· 2007-12-28 ·via Habeas Corpus Petition
• Zayed Eid Bakheet Almazrouei v. State
  971 So. 2d 185· Fla. 5th DCA· 2007-12-28 ·via Writ Of Habeas Corpus
  A Florida appellate court granted habeas corpus relief and remanded for bond reconsideration after the trial court denied bond without following statutory procedures. The court held that because the charged crimes did not constitute "dangerous crimes" under Florida law and the St
• Hogarth v. State
  970 So. 2d 880· Fla. 1st DCA· 2007-12-17
• Jackson v. Fla. Parole Comm'n
  970 So. 2d 881· Fla. 1st DCA· 2007-12-17
  The court granted certiorari and quashed the circuit court's order because the Parole Commission failed to make a required finding that the petitioner's violation was willful and substantial before revoking conditional release.
• Vasquez v. McDONOUGH
  970 So. 2d 473· Fla. 4th DCA· 2007-12-12 ·via Writ Of Habeas Corpus
  Luis Orlando Vasquez petitioned for a writ of habeas corpus claiming his 2002 guilty plea should be vacated because trial counsel failed to file a motion to suppress his statements to law enforcement. The Florida Fourth District Court of Appeal denied the petition, finding it lac
• Williamson v. State
  969 So. 2d 1160· Fla. 1st DCA· 2007-11-26
• Newsome v. Butterworth
  969 So. 2d 1147· Fla. 2d DCA· 2007-11-16
• Lenoir v. State
  971 So. 2d 817· Fla. 3d DCA· 2007-10-03
  Dale Lee Lenoir appealed the denial of a habeas corpus petition seeking a belated appeal of his 1992 convictions for attempted second-degree murder and unlawful firearm possession. The court affirmed the denial, holding that Lenoir was barred from seeking a belated appeal because
• Adams v. State of Fla. & Ric L. Bradshaw
  965 So. 2d 364· Fla. 4th DCA· 2007-09-28 ·via Writ Of Habeas Corpus
  The trial court erred in denying bond solely based on a violation of pretrial release conditions in a prior case.
• Danton Patrick v. State of Fla. & Ric L. Bradshaw
  964 So. 2d 279· Fla. 4th DCA· 2007-09-21 ·via Writ Of Habeas Corpus
  A trial court cannot sua sponte increase a defendant's bond, and any modification requires notice to the defendant.
• Collie Singleton v. State
  964 So. 2d 814· Fla. 4th DCA· 2007-09-19
  Collie Singleton petitioned for a writ of habeas corpus challenging his habitual offender sentence on the ground that appellate counsel failed to challenge the use of predicate convictions that the original sentencing judge had not relied upon. The court denied the petition, hold
• M.A. v. State of Fla. & Ric Bradshaw
  964 So. 2d 831· Fla. 4th DCA· 2007-09-19
  M.A., a juvenile on probation, petitioned for a writ of habeas corpus to challenge an order of home detention with electronic monitoring imposed after a contempt adjudication. The court granted the petition, holding that the trial court erred by proceeding with a violation of pro
• Riverocruz v. Ric L. Bradshaw
  964 So. 2d 245· Fla. 4th DCA· 2007-09-10
  The court granted a habeas corpus petition challenging bail set without a hearing, requiring the trial court to conduct a proper bond hearing considering statutory factors and to reconsider probable cause for drug paraphernalia charges.
• Mustelier v. State
  965 So. 2d 192· Fla. 3d DCA· 2007-08-29
  Salvador Mustelier appealed the denial of a habeas corpus petition challenging his 1986 first-degree murder and cocaine trafficking convictions. The court affirmed the trial court's dismissal, finding the petition was properly treated as an untimely Rule 3.850 motion for post-con
• Smith v. Fla. Parole Comm'n
  964 So. 2d 189· Fla. 1st DCA· 2007-08-21
  The court denied Smith's habeas corpus petition challenging the Parole Commission's ex post facto violation but granted his certiorari petition regarding liens, holding that liens cannot be imposed in collateral criminal proceedings under section 57.081.
• Francis v. State
  963 So. 2d 301· Fla. 1st DCA· 2007-08-10 ·via Writ Of Habeas Corpus
  The appellate court denied a petition for a writ of habeas corpus, treating it as a petition for writ of certiorari. The court found it lacked jurisdiction for habeas corpus because the petitioner was detained in another state. The court also affirmed the lower court's revocation
• C.W. v. Currie
  962 So. 2d 976· Fla. 1st DCA· 2007-07-31 ·via Writ Of Habeas Corpus
• C.T.B. v. State
  962 So. 2d 373· Fla. 5th DCA· 2007-07-25 ·via Writ Of Habeas Corpus
• McCLOUD v. State
  970 So. 2d 348· Fla. 3d DCA· 2007-07-18
  Florida appellate court denied habeas corpus petition where inmate had not completed concurrent sentences imposed in March 2006 and must exhaust administrative remedies with the Department of Corrections regarding gain-time issues.
• Amos Ragan v. McDONOUGH
  958 So. 2d 1148· Fla. 4th DCA· 2007-06-27
  Appellant Ragan challenged the denial of his habeas corpus petition attacking a 2002 parole revocation, arguing the circuit court prematurely ruled without giving him an opportunity to file a reply. The Fourth District reversed and remanded because the circuit court failed to fol
• Cannon v. McDONOUGH
  959 So. 2d 432· Fla. 3d DCA· 2007-06-27
  The appellate court reversed the trial court's summary denial of habeas corpus relief regarding jail credit for time served on re-sentencing, finding the record insufficient to determine whether the defendant received proper credit.
• Ackerman v. State
  958 So. 2d 450· Fla. 2d DCA· 2007-05-04
  Bernard Ackerman appeals the summary denial of his motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.858 and an order prohibiting him from filing further pro se postconviction challenges. The appellate court reversed, finding that while DNA evidence
• Fenton v. State
  960 So. 2d 12· Fla. 4th DCA· 2007-04-27 ·via Writ Of Habeas Corpus
• Melbra Brewer v. State
  954 So. 2d 110· Fla. 2d DCA· 2007-04-25
  Melbra Brewer petitioned for relief based on ineffective assistance of appellate counsel. The court granted the petition, finding that appellate counsel was ineffective for failing to raise a fundamental error argument regarding a circular self-defense jury instruction that was c
• Bynum v. Ryan
  954 So. 2d 1225· Fla. 3d DCA· 2007-04-18 ·via Writ Of Habeas Corpus
  The court held that a defendant cannot violate pretrial release conditions if they were never booked or given a release order, thus the trial court lacked authority to hold them without bond.