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

• Steele v. Kehoe
  724 So. 2d 1192· Fla. 5th DCA· 1998-03-20
  This case concerns whether a convicted criminal may sue their privately retained lawyer for malpractice when the lawyer agrees to file a timely motion for collateral relief but fails to do so.
• E.M.M. v. Dept. OF Child. & Families
  706 So. 2d 953· Fla. 1st DCA· 1998-03-18
• S.J.J. v. Gnat
  707 So. 2d 393· Fla. 1st DCA· 1998-02-27 ·via Writ Of Habeas Corpus
  Juvenile charged with second-degree felony drug possession near school qualifies for release from detention because he lacks prior criminal record and does not meet statutory criteria for pre-adjudication detention under Florida law.
• Beene v. Singletary
  706 So. 2d 125· Fla. 1st DCA· 1998-02-26 ·via Writ Of Habeas Corpus
• Richardson v. Reno
  994 F. Supp. 1466· S.D. Fla.· 1998-02-13
  The court held that it has jurisdiction to review the denial of a bond hearing for a lawful permanent resident and that the 'arriving alien' designation, as interpreted by the BIA, does not apply to him.
• Trotter v. State
  705 So. 2d 1029· Fla. 2d DCA· 1998-02-06
  Robert Earl Trotter appealed his convictions and sentences for multiple sexual battery, robbery, burglary, and kidnapping offenses. The court affirmed his convictions but reversed and remanded his sentences because he was improperly sentenced as a habitual offender for sexual bat
• Brunskill v. State
  704 So. 2d 211· Fla. 5th DCA· 1998-01-16 ·via Writ Of Habeas Corpus
  Brunskill, a death row inmate convicted in 1986 of first-degree murder, kidnapping, and false imprisonment, sought a writ of mandamus or habeas corpus to compel disclosure of state attorney files and other records. The appellate court denied the petition without prejudice, findin
• Hill v. Fla. Dep't OF Corr.
  703 So. 2d 1211· Fla. 1st DCA· 1997-12-31 ·via Writ Of Habeas Corpus
• Samuels v. State
  701 So. 2d 916· Fla. 4th DCA· 1997-12-03 ·via Writ Of Habeas Corpus
• J.B. v. State
  700 So. 2d 188· Fla. 4th DCA· 1997-10-15
• Manso v. Patrick
  121 F. Supp. 862· S.D. Fla.· 1997-09-09
  The court held that the Parole Commission's interpretation of the special parole statute, allowing a violator to be reparoled to the remainder of the original special parole term, is reasonable and entitled to deference.
• Kalvin Denny v. Singletary
  697 So. 2d 1309· Fla. 4th DCA· 1997-08-20 ·via Writ Of Habeas Corpus
• Efrim Chappell v. State
  696 So. 2d 1366· Fla. 5th DCA· 1997-07-25
  The court held that a commissioner should be appointed to resolve the factual dispute regarding whether the petitioner requested his trial counsel to file an appeal.
• Robinson v. Singletary
  695 So. 2d 795· Fla. 1st DCA· 1997-06-28
• Jenkins v. Williams
  693 So. 2d 132· Fla. 1st DCA· 1997-05-14
  The court reversed the trial court's summary denial of a habeas corpus petition for withheld gain time, holding that the petition sufficiently identified the type of gain time claimed by reference to the applicable administrative rule.
• C.H. v. The Honorable Robert Makemson & Robert Peterson
  692 So. 2d 302· Fla. 4th DCA· 1997-04-30 ·via Writ Of Habeas Corpus
  The court held that the trial court exceeded its statutory authority by ordering ten days of secure detention for a subsequent violation of home detention conditions.
• Larsen v. State of Fla. & Harry K. Singletary
  693 So. 2d 53· Fla. 4th DCA· 1997-04-02 ·via Habeas Corpus Petition
  Glenn Allen Larsen sought habeas corpus relief claiming his appellate counsel was ineffective because his co-defendant's sentence was reversed on the same sentencing issue while Larsen's conviction and sentence were affirmed without opinion. The court denied the petition, finding
• In the Interest of K.K. v. Taylor
  703 So. 2d 1064· Fla. 2d DCA· 1997-02-05
  The court held that a juvenile cannot be held in secure detention pending a dispositional hearing based solely on a provision in a risk assessment instrument that governs pre-adjudicatory detention, absent new evidence or changed circumstances.
• Owens v. Singletary
  687 So. 2d 1298· Fla.· 1996-12-19 ·via Habeas Corpus Petition
  Florida Supreme Court denied habeas corpus petition where inmate sought release based on claim that a sentence reduction order was illegal, holding that having jointly stipulated to the reduction and been released based on it, he cannot now challenge its legality, and any subsequ
• Threadgill v. State
  683 So. 2d 171· Fla. 5th DCA· 1996-11-08 ·via Writ Of Habeas Corpus
• Bush v. State
  682 So. 2d 85· Fla.· 1996-10-16
  John Earl Bush appeals the denial of his rule 3.850 postconviction motion and seeks stay of his third death warrant for the 1982 murder of Frances Slater. The Florida Supreme Court affirms the denial of postconviction relief and rejects Bush's arguments regarding disproportionate
• T.B. v. Wright
  679 So. 2d 82· Fla. 4th DCA· 1996-09-12 ·via Writ Of Habeas Corpus
  A juvenile petitioner challenges her detention beyond the statutory 21-day limit prior to adjudication on burglary charges. The court granted the habeas corpus petition, holding that prior criminal record and perceived danger to the community do not constitute 'good cause' under
• Velasco v. Horgan
  85 F.3d 520· 11th Cir.· 1996-06-10
  Frank Velasco appealed the denial of his habeas corpus petition challenging his detention and removal to New York, but the Court of Appeals for the Eleventh Circuit dismissed the appeal as moot because Velasco had been removed to the Southern District of New York, depriving the F
• S.W. v. Woolsey
  673 So. 2d 152· Fla. 1st DCA· 1996-05-14
  A juvenile charged with battery on a school board employee was found delinquent and placed in secure detention pending disposition. The court held that the trial court improperly relied on the finding of delinquency as a 'changed circumstance' to increase the Risk Assessment Inst
• Morgan v. Singletary
  669 So. 2d 1126· Fla. 4th DCA· 1996-03-20 ·via Writ Of Habeas Corpus
• T.O. v. Alachua Reg'l Juv. Detention Ctr.
  668 So. 2d 243· Fla. 1st DCA· 1996-02-15
  The court held that it had jurisdiction to grant a writ of habeas corpus for a juvenile detained beyond the statutory limit, even though the detention order originated from a different circuit, because the detaining party was within its territorial jurisdiction.
• Ashley v. Singletary
  666 So. 2d 186· Fla. 1st DCA· 1995-12-18
  James D. Ashley appealed the denial of his habeas corpus/mandamus petition challenging the Department of Corrections' structuring of his multiple sentences. The court reversed and remanded for reconsideration in light of the intervening Orosz v. Singletary decision, which affecte
• Friedland v. State of Fla. Dep't OF Health & Rehabilitative Servs.
  661 So. 2d 1286· Fla. 4th DCA· 1995-11-01
  The Florida appellate court reversed the trial court's dismissal of a dependency petition and held that the trial court retained jurisdiction to enforce the dismissal order requiring the return of a child placed in shelter care. The decision establishes that courts have inherent
• T.A. v. Wimberly
  660 So. 2d 1130· Fla. 4th DCA· 1995-09-06 ·via Writ Of Habeas Corpus
  T.A., a juvenile adjudicated delinquent for carrying a concealed firearm, challenges his immediate 5-day secure detention imposed under Florida Statutes section 790.22(9). The court holds that mandatory detention under this statute must be imposed at a formal disposition hearing
• Collins v. Honorable Bob Anderson Mitcham
  660 So. 2d 347· Fla. 2d DCA· 1995-09-01 ·via Writ Of Habeas Corpus
  The court held that the trial court's denial of post-conviction relief was insufficient and that the petitioner should be granted a belated appeal.
• Bolender v. Singletary
  898 F. Supp. 876· S.D. Fla.· 1995-07-17
  The court held that the petitioner's claims were procedurally barred as an abuse of the writ and successive petition, and he failed to demonstrate cause and prejudice or actual innocence to overcome these bars.
• Grubbs v. Singletary
  809 F. Supp. 860· M.D. Fla.· 1995-07-11
  The court held that the petitioner's appellate counsel's Anders brief violated the petitioner's Sixth Amendment rights by failing to advocate for arguable grounds for appeal, entitling him to a new appeal.
• Louth v. Mariellen Williams
  657 So. 2d 1239· Fla. 2d DCA· 1995-07-07 ·via Writ Of Habeas Corpus
  James Robert Louth challenges a trial court order awarding attorney's fees to his former wife, Mariellen Williams, for services rendered in defending a motion for rehearing. The court reverses the attorney's fee award, finding it was error to award fees when Williams was defendin
• O'Neal v. State
  657 So. 2d 930· Fla. 4th DCA· 1995-07-05
• Bruce v. State
  656 So. 2d 557· Fla. 5th DCA· 1995-06-18 ·via Writ Of Habeas Corpus
  Gary Bruce challenges a contempt of court order requiring him to complete remodeling work as part of a marriage dissolution settlement. The court grants his habeas corpus petition, finding that the contempt order was fatally defective because it did not clearly specify what acts
• Johnson v. Singletary
  883 F. Supp. 1535· M.D. Fla.· 1995-04-26
  The court held that the petitioner's claims regarding sufficiency of evidence for multiple attempted murder counts and sentencing errors were either procedurally defaulted, without merit, or not cognizable in federal habeas corpus review.
• Robertson v. Hodges
  798 F. Supp. 634· M.D. Fla.· 1995-04-25
  The court held that a state law sentencing issue does not provide a basis for federal habeas corpus relief, and the petitioner's ex post facto claim was without merit as gain time was not forfeited under the challenged statute.
• Keller v. State
  652 So. 2d 1278· Fla. 5th DCA· 1995-04-13 ·via Habeas Corpus Petition
• Holloway v. Franklin
  652 So. 2d 1217· Fla. 1st DCA· 1995-04-04
  Holloway was sentenced to 179 days in jail for contempt of a domestic violence injunction with a condition that he receive no good or gain time. The court granted his habeas corpus petition, holding that a sentencing judge lacks authority to preclude a defendant from receiving ga
• Guzman v. State
  651 So. 2d 1320· Fla. 5th DCA· 1995-03-31 ·via Writ Of Habeas Corpus
• Benjamin v. Singletary
  651 So. 2d 830· Fla. 1st DCA· 1995-03-17 ·via Writ Of Habeas Corpus
• Planes v. Felton
  650 So. 2d 1091· Fla. 3d DCA· 1995-02-22 ·via Writ Of Habeas Corpus
  William Planes was convicted of issuing a worthless check and placed on probation with a restitution requirement of $30,962.40. He petitioned for habeas corpus after being jailed for failure to make restitution payments without a hearing to determine his ability to pay. The court
• Renard Daniels v. State
  650 So. 2d 226· Fla. 5th DCA· 1995-02-17
  Petitioner's habeas corpus petition is granted because the state conceded he was deprived of his right to appellate review by the state's failure to provide appellate counsel timely, and his appeal is reinstated for proper appellate proceedings.
• Smith v. State
  650 So. 2d 1056· Fla. 2d DCA· 1995-02-10
  Smith petitioned for habeas corpus review of a circuit court order denying his motion for posttrial release, which involved a $5,000 bond set after his sentencing for DUI probation violation. The appellate court converted the petition to a request for common-law certiorari and de
• Wisniewski v. State
  650 So. 2d 188· Fla. 1st DCA· 1995-02-09
  Florida court affirmed dismissal of habeas petition seeking removal of Colorado detainer, holding that relief must be sought in Colorado under the Interstate Agreement on Detainers.
• Washington v. State
  649 So. 2d 348· Fla. 5th DCA· 1995-02-03
  The court held that appellate counsel was ineffective for failing to raise the issue of consecutive habitual offender sentences for offenses arising from a single criminal episode, as prohibited by Hale v. State.
• Moorehead v. Singletary
  645 So. 2d 187· Fla. 3d DCA· 1994-12-07 ·via Writ Of Habeas Corpus
  Moorehead sought habeas corpus relief based on ineffective assistance of appellate counsel. The state conceded that appellate counsel failed to raise a meritorious double jeopardy argument regarding one conviction, and the court granted relief by vacating that conviction while af
• In re the Adoption OF Baby E.A.W. G.W.B. v. J.S.W. and M.F.W.
  647 So. 2d 918· Fla. 4th DCA· 1994-11-30 ·via Habeas Corpus Petition
  This case concerns whether an unmarried birth father abandoned his child born out of wedlock, thereby making the child available for adoption without his consent. The trial court initially found no abandonment, but on rehearing reversed itself and found abandonment based on the f
• Scott v. Singletary
  870 F. Supp. 328· S.D. Fla.· 1994-11-07
  The court held that a recent appellate decision did not overrule prior precedent, and therefore did not constitute an extraordinary circumstance justifying relief from a final judgment under Rule 60(b)(6).
• In the Interest of S.A.M. v. Bessette
  641 So. 2d 948· Fla. 2d DCA· 1994-09-02
  A juvenile detained on grand theft charges petitioned for habeas corpus, alleging illegal detention in violation of Florida law. The court agreed that the detention was unsupported by the risk assessment instrument and the statutory detention criteria, and granted the writ of hab