Petition For Writ Of Habeas Corpus

7,506 Florida cases classified under this topic, plus 5,490 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Kephart v. Kearney
  826 So. 2d 517· Fla. 4th DCA· 2002-09-25 ·cited 10×
  Petitioners challenged their pretrial detention in sexually violent predator commitment proceedings, arguing they were held based on insufficiently sworn documents. The Fourth District Court of Appeal held that ex parte probable cause determinations must be supported by sworn pro
• Gillard v. State
  827 So. 2d 316· Fla. 1st DCA· 2002-09-12 ·cited 10×
  Howard Gillard appealed the denial of his habeas corpus petition challenging the revocation of his conditional release. The Florida Parole Commission conducted his revocation hearing 77 days after his arrest, exceeding the 45-day statutory requirement. The court affirmed, holding
• Facyson v. Jenne
  821 So. 2d 1169· Fla. 4th DCA· 2002-07-19 ·cited 10×
  A defendant found incompetent to stand trial cannot be detained in jail beyond the statutory 15-day limit for forensic placement, and mandamus is the appropriate remedy to compel the Department of Children and Families to take custody.
• Winkler v. Moore
  831 So. 2d 63· Fla.· 2002-04-25 ·cited 10×
  The Florida Supreme Court addressed the application of overcrowding gain time credits to three groups of inmates under ex post facto and due process principles, following the U.S. Supreme Court's decision in Lynce v. Mathis. The court denied habeas corpus petitions from Winkler a
• Latalian v. State
  786 So. 2d 1242· Fla. 4th DCA· 2001-06-13 ·cited 10×
  James Latalian challenged his probation violation sentence after the sentencing guidelines scoresheet used at his original sentencing was invalidated by Heggs v. State. The court granted relief and resentenced him, but the Fourth District reversed and remanded because Latalian ha
• Sharife v. Moore
  795 So. 2d 105· Fla. 1st DCA· 2001-06-07 ·cited 10×
• Thenious Smith v. Moore
  782 So. 2d 955· Fla. 1st DCA· 2001-04-10 ·cited 10×
  Smith challenges his habitual felony offender sentencing, arguing that his six-month county jail sentence for violating community control does not constitute an "other commitment" under Florida's habitual offender statute. The court affirms the denial of his habeas corpus petitio
• Bryant v. State
  780 So. 2d 978· Fla. 5th DCA· 2001-03-09 ·cited 10×
  The denial of the petition for writ of habeas corpus is affirmed because it was an improper method for collateral attack and filed in the wrong venue.
• L.S. v. Dep't OF Juv. Just.
  779 So. 2d 633· Fla. 1st DCA· 2001-03-08 ·cited 10×
  The Department of Juvenile Justice lost jurisdiction over the juvenile because aftercare was not properly ordered in the original disposition or validly transferred.
• Curt Baber v. State
  776 So. 2d 309· Fla. 4th DCA· 2000-12-27 ·cited 10×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to raise the issue of an improper peremptory strike, entitling the petitioner to a belated appeal and a new trial.
• M.W. v. Dep't OF Child. & Families
  769 So. 2d 513· Fla. 1st DCA· 2000-10-23 ·cited 10×
  This case concerns a mother's attempt to appeal the termination of her parental rights after her notice of appeal was untimely filed. The court explains the procedural steps available for such situations, ultimately dismissing the current appeal for lack of jurisdiction.
• Barns v. State
  768 So. 2d 529· Fla. 4th DCA· 2000-09-27 ·cited 10×
  Robert Barns, charged with DUI manslaughter, challenged the revocation of his pretrial bond and pretrial detention order. The Fourth District Court of Appeal denied his habeas corpus petition, holding that the 2000 legislative amendments to Florida's pretrial detention statutes e
• McCANN v. Moore
  763 So. 2d 556· Fla. 4th DCA· 2000-08-02 ·cited 10×·via Writ Of Habeas Corpus
  Florida appellate court granted habeas corpus petition for ineffective assistance of appellate counsel where counsel failed to cite controlling First District precedent that would have prevented conviction for attempted procurement, requiring reversal and reduction to solicitatio
• Merrick Magnus v. State
  738 So. 2d 446· Fla. 4th DCA· 1999-07-21 ·cited 10×
  A petition for writ of habeas corpus must be filed in the county where the prisoner is detained, and the trial court should transfer it if filed in the wrong venue.
• Basse v. State
  740 So. 2d 518· Fla.· 1999-06-10 ·cited 10×·via Writ Of Habeas Corpus
  Courts possess the inherent authority to impose reasonable page limits on extraordinary writ petitions, and petitioners must be allowed to demonstrate good cause for exceeding such limits.
• Phillips v. Singletary
  728 So. 2d 785· Fla. 3d DCA· 1999-02-24 ·cited 10×
  Jack Dempsey Phillips, convicted of first-degree murder in 1973, sought habeas corpus relief based on alleged ineffective assistance of appellate counsel. The court denied the petition and prohibited Phillips from filing further pro se pleadings relating to his case, finding he h
• Keithan Darnell Battie v. Singletary
  718 So. 2d 323· Fla. 3d DCA· 1998-09-16 ·cited 10×
  Keithan Battie sought a belated appeal of his guilty plea to murder charges, claiming his trial counsel failed to pursue an appeal he had requested. The court denied the petition because Battie had expressly waived his right to appeal and failed to demonstrate that his case fell
• A.M.W. v. Portesy
  714 So. 2d 1170· Fla. 2d DCA· 1998-07-29 ·cited 10×
  A juvenile petitioner challenged his placement in secure detention for a second twenty-one-day period after being taken into custody on a failure-to-appear charge. The court held that the trial court lacked authority to issue the pick-up order for failure to appear without proper
• A.W. v. State
  711 So. 2d 598· Fla. 5th DCA· 1998-05-01 ·cited 10×·via Writ Of Habeas Corpus
  A minor in state custody sought habeas corpus relief to challenge extended detention pending placement in a moderate-risk residential facility. The appellate court granted the writ, holding that statutory authority to extend detention beyond five days rests exclusively with the D
• Bowers v. Jenne
  710 So. 2d 681· Fla. 4th DCA· 1998-04-27 ·cited 10×
  The court granted Bowers' petition for writ of habeas corpus, holding that the trial court improperly increased his bond sua sponte without adequate notice or a motion from the state. The decision clarifies that trial courts lack authority to increase bond on their own motion and
• Johnston v. State
  708 So. 2d 590· Fla.· 1998-03-05 ·cited 10×
  David Eugene Johnston, convicted and sentenced to death in 1984 for first-degree murder, challenged his death sentence through postconviction relief and habeas corpus, arguing the heinous, atrocious, or cruel (HAC) jury instruction was unconstitutionally vague following the U.S.
• Renny Ray Dubois v. State
  705 So. 2d 713· Fla. 1st DCA· 1998-02-17 ·cited 10×
  DuBois sought habeas corpus relief and a belated appeal, claiming ineffective assistance of counsel for failing to file a timely notice of appeal. The trial court dismissed the habeas petition and denied the motion for belated appeal. The appellate court affirmed the habeas dismi
• Pressley v. Singletary
  724 So. 2d 97· Fla.· 1997-12-30 ·cited 10×·via Writ Of Habeas Corpus
  The court held that the Parole Commission cannot transfer an inmate's Conditional Release supervision to the end of their overall sentence for offenses committed before the 1997 amendment, regardless of gain time accrued.
• McLEROY v. State
  704 So. 2d 151· Fla. 5th DCA· 1997-12-05 ·cited 10×
  The appellate court held that the circuit court lacked jurisdiction to hear the petition for writ of habeas corpus because it was filed in the wrong judicial circuit.
• Torres v. State
  700 So. 2d 1247· Fla. 5th DCA· 1997-10-24 ·cited 10×·via Writ Of Habeas Corpus
• Wyatt v. State
  697 So. 2d 1289· Fla. 5th DCA· 1997-08-15 ·cited 10×·via Writ Of Habeas Corpus
  Thomas Wyatt challenges the dismissal of his 1989 robbery appeal for failure to pay filing fees or file an affidavit of indigency. The court grants his petition for writ of habeas corpus, finding that his appellate counsel was ineffective for failing to seek a remand to obtain an
• Johnson v. State
  694 So. 2d 159· Fla. 4th DCA· 1997-06-04 ·cited 10×
• Dixon v. Singletary
  672 So. 2d 602· Fla. 3d DCA· 1996-04-24 ·cited 10×·via Writ Of Habeas Corpus
  The court held that appellate counsel was ineffective for failing to raise a meritorious double jeopardy claim based on controlling precedent, and that a sentencing issue also required remand.
• Dion Lee Houghtaling v. State
  670 So. 2d 1019· Fla. 2d DCA· 1996-02-23 ·cited 10×
  The court held that a petition for writ of habeas corpus that meets the procedural requirements of Florida Rule of Criminal Procedure 3.850 should be treated as a motion for postconviction relief.
• Leone v. State
  657 So. 2d 26· Fla. 5th DCA· 1995-06-09 ·cited 10×·via Writ Of Habeas Corpus
• Doyle v. Singletary
  655 So. 2d 1120· Fla.· 1995-06-01 ·cited 10×·via Writ Of Habeas Corpus
  Daniel Lee Doyle, a death row inmate, petitioned for habeas corpus relief raising four claims including vagueness of jury instructions on the heinous, atrocious, or cruel aggravating factor and ineffective assistance of counsel. The Florida Supreme Court denied the petition, find
• Rooney v. State
  632 So. 2d 212· Fla. 5th DCA· 1994-02-18 ·cited 10×·via Writ Of Habeas Corpus
• Beres Waite v. Singletary
  632 So. 2d 192· Fla. 3d DCA· 1994-02-15 ·cited 10×
  The court held that the petitioner was not entitled to provisional release credits and could be recommitted, as there is no constitutional impediment to the retroactive cancellation of such credits when an inmate is released by mistake.
• Avera v. Barton
  632 So. 2d 167· Fla. 1st DCA· 1994-02-11 ·cited 10×
  Robert Avera challenges the forfeiture of gain time credits following his escape from prison, arguing that the Department of Corrections improperly applied the 1983 revised gain-time statute retroactively to calculate his forfeiture rather than using the 1981 statute in effect at
• Campbell v. Fla. Parole Comm'n
  630 So. 2d 1210· Fla. 1st DCA· 1994-01-20 ·cited 10×
  Campbell challenged a trial court's denial of his mandamus petition against the Florida Parole Commission, raising claims about his presumptive parole release date and parole revocation proceedings. The appellate court affirmed the denial regarding the parole release date claims
• R.R. v. Portesy
  629 So. 2d 1059· Fla. 1st DCA· 1994-01-03 ·cited 10×·via Writ Of Habeas Corpus
  A juvenile challenged a secure detention order issued after a hearing conducted via video-telephone while he remained at a detention center rather than being physically present in the judge's chambers. The Florida appellate court held that the video-telephone procedure violated j
• McCORVEY v. Fla. Parole Comm'n
  625 So. 2d 1296· Fla. 1st DCA· 1993-10-29 ·cited 10×
  The court held that while the Parole Commission may consider previously known information when suspending a presumptive parole release date, the appellate court cannot review the suspension if the supporting psychological reports are missing from the record.
• Richardson v. State
  624 So. 2d 804· Fla. 1st DCA· 1993-09-27 ·cited 10×
• Scott v. United States
  997 F.2d 340· 7th Cir.· 1993-06-29 ·cited 10×
  A claim that the district court misapplied the Sentencing Guidelines is not cognizable under 28 U.S.C. § 2255 unless it rises to the level of a constitutional violation or jurisdictional defect, and must generally be raised on direct appeal.
• Mills v. Singletary
  622 So. 2d 943· Fla.· 1993-04-01 ·cited 10×
  John Mills, a death row inmate, filed his fourth habeas corpus petition challenging the validity of jury instructions on aggravating factors in his capital sentencing. The Florida Supreme Court denied the petition, finding that the issues were procedurally barred because they cou
• Blair v. Armontrout
  976 F.2d 1130· 8th Cir.· 1992-09-18 ·cited 10×·via Habeas Corpus Petition
  The court held that the prosecutor's systematic use of peremptory challenges to exclude black jurors, coupled with appeals to racial prejudice in closing arguments, violated the defendant's right to a fair trial and entitled him to a new trial.
• Burton v. Johnson
  975 F.2d 690· 10th Cir.· 1992-09-11 ·cited 10×
  The Tenth Circuit held that its prior mandate affirmed the district court's remedy, not superseded it, and that the district court retained jurisdiction to interpret its original order regarding permanent discharge.
• Hardiman v. Reynolds
  971 F.2d 500· 10th Cir.· 1992-07-20 ·cited 10×·via Habeas Corpus Petition
  A court may raise the defense of state procedural default sua sponte in a § 2254 habeas action, but must provide the petitioner an opportunity to respond. Ineffective assistance of counsel can constitute cause to excuse such a default.
• McCOY v. A.L. Lockhart
  969 F.2d 649· 8th Cir.· 1992-07-10 ·cited 10×·via Habeas Corpus Petition
  The court held that the new 'clear and convincing evidence' standard from Sawyer v. Whitley applies to challenges to convictions, not just death sentences, and remanded the case for application of this standard.
• United States v. MacDONALD
  966 F.2d 854· 4th Cir.· 1992-06-02 ·cited 10×
  A second federal habeas corpus petition will be dismissed as an abuse of the writ if the petitioner fails to demonstrate cause for not raising the claims in the first petition and prejudice, or a fundamental miscarriage of justice.
• Sharpton v. Hon. John C. Turner Jr.
  964 F.2d 1284· 2d Cir.· 1992-05-19 ·cited 10×·via Habeas Corpus Petition
  The court held that prosecuting state tax law violations after a prior prosecution for related offenses does not violate the Double Jeopardy Clause, as the conduct used to prove one offense is not the same as prosecuting that conduct.
• Kennedy v. Singletary
  599 So. 2d 991· Fla.· 1992-04-30 ·cited 10×
  The court held that the petitioner's claims were procedurally barred and affirmed the trial court's denial of relief.
• Kavin Wayne Lincecum v. Collins
  958 F.2d 1271· 5th Cir.· 1992-04-07 ·cited 10×·via Habeas Corpus Petition
  The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, and that the district court did not err in denying an evidentiary hearing on claims of ineffective assistance of counsel and unconstitutionality of the death penalty stat
• Jihaad A.M.E. Saahir v. Collins
  956 F.2d 115· 5th Cir.· 1992-03-25 ·cited 10×·via Habeas Corpus Petition
  A pro se habeas petitioner is held to the same standard of 'cause' for failing to raise claims in prior petitions as a represented petitioner, and the petitioner here failed to show cause or a fundamental miscarriage of justice.
• Evans v. Court OF Common Pleas
  959 F.2d 1227· 3d Cir.· 1992-03-18 ·cited 10×
  The court held that a federal court may not grant habeas corpus relief before a state retrial when the prior conviction was reversed for trial error, as double jeopardy does not bar such a retrial. The court also found that the petitioner had adequately exhausted her federal due