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

• Phillips v. State
  745 So. 2d 417· Fla. 1st DCA· 1999-10-29 ·via Writ Of Habeas Corpus
• Adolphus S. Ashley v. Moore
  742 So. 2d 533· Fla. 1st DCA· 1999-10-20
  Adolphus Ashley challenged the trial court's denial of his habeas corpus petition by appealing to the appellate court, which converted the appeal to a certiorari petition. The court dismissed the petition for lack of jurisdiction because Ashley failed to timely serve his motion f
• Brown v. State
  745 So. 2d 1013· Fla. 5th DCA· 1999-10-07
• Steverson v. Singletary
  741 So. 2d 1161· Fla. 2d DCA· 1999-09-08
  The court held that the petitioner failed to show prejudice from his appellate counsel's alleged ineffectiveness because the relief he sought was already granted in a prior appeal.
• Jacques Valcin v. State
  739 So. 2d 1272· Fla. 3d DCA· 1999-09-01
• Lowery v. Broward Cnty. Sheriff
  742 So. 2d 389· Fla. 4th DCA· 1999-08-25 ·via Writ Of Habeas Corpus
• Bruno v. Moore
  741 So. 2d 570· Fla. 1st DCA· 1999-08-20
  Keith Bruno challenges the parole commission's revocation of his control release while he remained under concurrent community control supervision. The court holds that the parole commission violated statutory requirements by revoking control release before the community control t
• Lapushinsky v. Campbell
  738 So. 2d 514· Fla. 1st DCA· 1999-08-17 ·via Writ Of Habeas Corpus
• Pinto v. State
  737 So. 2d 1239· Fla. 5th DCA· 1999-08-06 ·via Writ Of Habeas Corpus
• Short v. State
  738 So. 2d 1005· Fla. 3d DCA· 1999-08-04
  The court held that the defendant's claims were procedurally barred as successive or untimely, and that he should be barred from filing further postconviction pleadings challenging his convictions.
• Parrimon v. State
  736 So. 2d 152· Fla. 2d DCA· 1999-07-07
• Hill v. State
  739 So. 2d 634· Fla. 4th DCA· 1999-07-07 ·via Writ Of Habeas Corpus
  Angela Hill, detained on a violation of probation charge since June 1, 1999 without a first appearance or bond hearing, petitioned for a writ of habeas corpus. The Florida Fourth District Court of Appeal granted the petition, holding that statutory and procedural requirements for
• Willis v. State
  736 So. 2d 723· Fla. 2d DCA· 1999-06-16
  Harold Ray Willis appeals a trial court's order denying his habeas corpus petition and imposing sanctions, including a bar on pro se filings and recommended forfeiture of gain time. The appellate court affirmed the denial of the habeas petition but reversed the premature impositi
• Rogers v. Moore
  736 So. 2d 715· Fla. 1st DCA· 1999-06-09
  Gerald Rogers sought certiorari review of a circuit court's denial of his habeas corpus petition. Rogers claimed that the Department of Corrections violated the ex post facto clause by failing to apply provisional credits to his revoked probation sentence. The court quashed the l
• Abdul M. Bilal v. State
  732 So. 2d 1210· Fla. 1st DCA· 1999-06-02
  The court held that the petitioner is not entitled to a belated appeal because he did not instruct his attorney to file one.
• Adolphus S. Ashley v. Moore
  732 So. 2d 498· Fla. 1st DCA· 1999-05-27
• Steele v. State
  733 So. 2d 1117· Fla. 4th DCA· 1999-05-26 ·via Writ Of Habeas Corpus
  The court affirmed the denial of appellant's motion for credit for time served because the 1996 sentencing order properly directed the Department of Corrections to award such credit, and the appellant may pursue mandamus relief after exhausting administrative remedies.
• Blackwelder v. Vedder
  734 So. 2d 523· Fla. 5th DCA· 1999-05-21 ·via Writ Of Habeas Corpus
  Benjamin Blackwelder challenged his civil contempt incarceration for nonpayment of alimony, arguing he lacked the present ability to pay the purge amount. The court granted his habeas corpus petition, finding the trial court erred in ordering his jail commitment because he met hi
• Robinson v. State
  728 So. 2d 1218· Fla. 5th DCA· 1999-03-26
  The court held that the appellant is not barred from raising his ex post facto claim due to a newly recognized constitutional right, and that the case should be remanded for a determination on the merits.
• Price v. Hon. Diane Matousek
  727 So. 2d 1119· Fla. 5th DCA· 1999-03-12 ·via Habeas Corpus Petition
• McARTHUR v. State
  730 So. 2d 333· Fla. 5th DCA· 1999-03-05 ·via Habeas Corpus Petition
  Florida appellate court affirmed denial of habeas corpus, holding that the legislature may constitutionally distinguish between completed and attempted sexual battery for purposes of gain time eligibility.
• Strange v. State
  732 So. 2d 1117· Fla. 5th DCA· 1999-02-19
• Hudson v. State of Fla. & Harry K. Singletary, Jr.
  730 So. 2d 320· Fla. 1st DCA· 1999-02-15
  David Hudson petitioned for habeas corpus, arguing his appellate counsel was ineffective for failing to challenge his drug trafficking and conspiracy convictions on grounds of insufficient evidence. The court granted the petition, finding counsel failed to raise an argument that
• Pettway v. State
  725 So. 2d 428· Fla. 2d DCA· 1999-02-03
  John Everett Pettway appealed the trial court's denial of his motion to correct an illegal sentence. The appellate court affirmed the denial and found that Pettway had abused the appellate process by filing seventeen successive appeals and petitions relating to the same convictio
• Turner v. Singletary
  46 F. Supp. 2d 1238· N.D. Fla.· 1999-01-26
  The court held that a pro se prisoner's petition for writ of habeas corpus is not deemed filed until it is received by the clerk of court, and mailing it on the last day of the limitation period does not constitute timely filing. Furthermore, the court found that the petitioner h
• Raulerson v. State
  724 So. 2d 641· Fla. 4th DCA· 1999-01-06
  A defendant's conviction was affirmed by one panel of the appellate court, but a co-defendant's nearly identical conviction was reversed by a different panel on the same legal issue due to court administrative error. The court granted the defendant's petition for habeas corpus an
• G.T. v. Adoption OF A.E.T.
  725 So. 2d 404· Fla. 4th DCA· 1999-01-05 ·via Habeas Corpus Petition
  In this case of first impression in Florida, the Fourth District Court of Appeal affirmed a trial court's finding that both biological parents abandoned their minor child and thus their consent to adoption could be excused. The court rejected the father's argument that his mistak
• Rodriguez v. Reno
  164 F.3d 575· 11th Cir.· 1999-01-04 ·via 28 U.S.C. § 2241 Petition For Writ Of Habeas Corpus
  Ernesto Alonso Mejia Rodriguez, a Honduran national, challenged his 1994 deportation order through a § 2241 habeas corpus petition after his state drug conviction was vacated in 1997 on ineffective assistance of counsel grounds. The Eleventh Circuit affirmed the district court's
• Dorn v. Singletary
  1998 U.S. Dist. LEXIS 17834· M.D. Fla.· 1998-11-06
  The federal court denied Petitioner's habeas corpus petition, finding all grounds procedurally barred or without merit.
• Mason v. State
  721 So. 2d 355· Fla. 2d DCA· 1998-10-23
• Smith v. State
  720 So. 2d 577· Fla. 5th DCA· 1998-10-09 ·via Writ Of Habeas Corpus
• Toole v. State
  717 So. 2d 183· Fla. 1st DCA· 1998-09-17 ·via Writ Of Habeas Corpus
• Acencion Medrano v. State
  719 So. 2d 15· Fla. 4th DCA· 1998-09-09
  A Florida appellate court reviewed a pro se habeas petition seeking permission to file a belated post-conviction relief motion due to allegedly ineffective assistance of private counsel who failed to timely file the motion as retained. The court denied the petition as premature,
• Maguna-Celaya v. Haro
  19 F. Supp. 2d 1337· S.D. Fla.· 1998-08-28
  The court held that the magistrate erred in certifying extradition because the evidence of torture and coerced statements, which obliterated probable cause, should have been fully considered.
• In the Interest of A.W. v. State
  718 So. 2d 236· Fla. 2d DCA· 1998-08-21
  Maternal grandparents challenged the Broward County circuit court's jurisdiction over a dependency proceeding, arguing that Polk County retained exclusive jurisdiction after initially granting them custody in a suspended adoption case. The appellate court denied writs of prohibit
• Carter v. State
  713 So. 2d 1103· Fla. 4th DCA· 1998-07-22 ·via Habeas Corpus Petition
• LeBLANC v. State
  713 So. 2d 1064· Fla. 1st DCA· 1998-07-09
  Court grants mandamus relief to compel trial court to issue final disposition on defendant's motion to correct illegal sentence after trial court issued only a preliminary order.
• Haye v. State
  713 So. 2d 1061· Fla. 5th DCA· 1998-07-02 ·via Writ Of Habeas Corpus
  Howard Haye petitioned for a writ of habeas corpus to file a belated appeal, claiming his appellate counsel was ineffective for failing to raise certain trial errors on direct appeal. The Florida District Court of Appeal denied the petition, holding that Haye's ineffective assist
• Shoan Brooks v. Fla. Parole Comm'n
  714 So. 2d 1095· Fla. 5th DCA· 1998-06-26
  Shoan Brooks, an inmate, appealed the denial of his habeas corpus petition challenging the retroactive application of a 1996 statutory amendment that allegedly cancelled his control release credits. The appellate court affirmed the denial, holding that mandamus—not habeas corpus—
• Blount v. Singletary
  711 So. 2d 645· Fla. 1st DCA· 1998-06-22 ·via Writ Of Habeas Corpus
• N.E.W. v. Portesy
  712 So. 2d 1158· Fla. 2d DCA· 1998-06-12
  Two juveniles petitioned for habeas corpus after being detained based on a Department of Juvenile Justice policy that scored prior delinquent offenses as new charges on a Risk Assessment Instrument despite having no statutory authority. The court granted the habeas corpus petitio
• D.M., Sr. v. Glover
  711 So. 2d 259· Fla. 1st DCA· 1998-06-04 ·via Writ Of Habeas Corpus
  Habeas corpus petition granted because trial court failed to make a finding of present ability to pay before imposing consecutive jail terms for civil contempt.
• Cole v. State
  714 So. 2d 479· Fla. 2d DCA· 1998-06-01
  Steven Cole was convicted of indirect criminal contempt for violating a court order for involuntary substance abuse treatment under the Marchman Act. The Florida Second District Court of Appeal quashed his conviction and sentence, finding the treatment order void for lack of subj
• Donovan Daley v. State
  710 So. 2d 757· Fla. 4th DCA· 1998-05-27
• Menefee v. State
  710 So. 2d 227· Fla. 2d DCA· 1998-05-15 ·via Habeas Corpus Petition
  The appellate court affirmed the trial court's denial of a motion to restore appellate rights, finding the trial court lacked jurisdiction.
• Berthold v. State
  709 So. 2d 207· Fla. 5th DCA· 1998-05-15 ·via Writ Of Habeas Corpus
• E.P.H., Jr. v. Wright
  708 So. 2d 673· Fla. 4th DCA· 1998-04-08 ·via Writ Of Habeas Corpus
• Sims v. State
  740 So. 2d 1· Fla. 1st DCA· 1998-03-30
• Sonny M. Steel v. Jenne
  710 So. 2d 993· Fla. 4th DCA· 1998-03-27 ·via Writ Of Habeas Corpus
• Walker v. State
  707 So. 2d 1179· Fla. 5th DCA· 1998-03-20 ·via Writ Of Habeas Corpus
  Walker petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise on appeal that the trial court erred in clearing the courtroom during minor victims' testimony in his sexual battery case. The court denied the petition, holding that