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

• Knight v. United States
  137 F.2d 940· 8th Cir.· 1943-10-06 ·cited 10×·via Habeas Corpus Petition
  The court held that the petition to vacate sentences was untimely and that the indictments were valid, affirming the dismissal.
• Ammons v. King
  136 F.2d 318· 8th Cir.· 1943-08-31 ·cited 10×
  The court held that the appellant's claims of fraud and procedural errors did not render his detention illegal, and thus habeas corpus relief was not warranted.
• Graham v. Squier
  132 F.2d 681· 9th Cir.· 1942-12-31 ·cited 10×
  The admission of a Selective Service Questionnaire into evidence, even if it violated Fifth Amendment rights, does not divest the trial court of jurisdiction and is therefore not grounds for habeas corpus relief.
• United States ex rel. Dilling v. McDONNELL
  130 F.2d 1012· 7th Cir.· 1942-10-20 ·cited 10×·via Writ Of Habeas Corpus
  The court held that there is no statutory authority to hear an appeal from an order denying a writ of habeas corpus testing the validity of a removal warrant.
• Hogue v. Duffy
  124 F.2d 864· 9th Cir.· 1942-01-16 ·cited 10×
  The court held that a federal district court should not grant a writ of habeas corpus when state remedies have been exhausted but the petitioner has not sought review in the U.S. Supreme Court.
• Coleman v. Achim
  114 Fla. 89· Fla.· 1934-02-27 ·cited 10×·via Habeas Corpus Proceedings
  This case concerns whether operating a passenger automobile for compensation on public highways, even for a single trip, constitutes a violation of Florida's motor vehicle transportation laws. The court reversed a lower court's discharge of a defendant, finding that the facts pre
• French v. Turner
  103 Fla. 425· Fla.· 1931-11-07 ·cited 10×·via Habeas Corpus Proceedings
  The Florida Supreme Court affirmed a lower court's decision to quash a writ of habeas corpus, holding that a challenge to the statute of limitations on a criminal charge is a matter for trial, not habeas corpus.
• Kananen v. Sec'y, Dep't of Corr.
  606 F. 3d 1296· 11th Cir.· 2025-10-28 ·cited 9×
  The court held that the notice of appeal was untimely for the initial judgment but timely for the denial of the Rule 60(b) motion, thus dismissing part of the appeal sua sponte.
• Zack v. State
  371 So. 3d 335· Fla.· 2023-09-21 ·cited 9×
  Michael Duane Zack, III appeals the summary denial of his fourth successive postconviction motion challenging his 1997 death sentence by claiming his Fetal Alcohol Syndrome is functionally equivalent to intellectual disability under Atkins v. Virginia and that his non-unanimous j
• Taylor v. Sec'y, Fla. Dep't of Corr.
  64 F.4th 1264· 11th Cir.· 2023-04-11 ·cited 9×·via Habeas Corpus Petition
  The court affirmed the denial of the habeas petition, finding no Brady violation and that any deficient performance by trial counsel was not prejudicial.
• Covington v. State of Fla. & Edward Allen Covington v. Ricky D. Dixon
  348 So. 3d 456· Fla.· 2022-08-25 ·cited 9×·via Writ Of Habeas Corpus
  Edward Covington, who pleaded guilty to murdering his girlfriend and her two young children in 2008, appealed the denial of his motion for postconviction relief and petition for habeas corpus seeking to vacate his death sentences. The Florida Supreme Court affirmed the trial cour
• Nance v. Comm'r, Ga. Dep't of Corr.
  981 F.3d 1201· 11th Cir.· 2020-12-02 ·cited 9×
  Michael Nance, a death row inmate challenging Georgia's lethal injection protocol as unconstitutional under the Eighth Amendment, filed suit under 42 U.S.C. § 1983 seeking an injunction against the only method of execution authorized by state law and proposing firing squad as an
• Bowles v. Sec'y, Fla. Dep't OF Corr., Attorney Gen., State of Fla.
  935 F.3d 1176· 11th Cir.· 2019-08-21 ·cited 9×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the district court correctly dismissed the petitioner's second federal habeas petition for lack of jurisdiction because he failed to obtain authorization from the court of appeals before filing it, as required by AEDPA.
• State v. Murray
  262 So. 3d 26· Fla.· 2018-12-20 ·cited 9×
  Murray appeals a postconviction denial of most relief claims after being convicted of first-degree murder and sentenced to death in 1990. The Florida Supreme Court affirms the trial court's grant of a new penalty phase pursuant to Hurst but denies all other relief claims, rejecti
• Zack v. State
  228 So. 3d 41· Fla.· 2017-06-15 ·cited 9×
  Michael Duane Zack III appeals a circuit court's denial of his motion to vacate his 1997 first-degree murder conviction and death sentence, claiming entitlement to a hearing on intellectual disability under Hall v. Florida and asserting a constitutional violation under Hurst v. F
• Ysaza v. State
  222 So. 3d 3· Fla. 4th DCA· 2017-06-14 ·cited 9×·via Writ Of Habeas Corpus
  The court held that while the first appearance judge erred in failing to determine if the probable cause affidavit established proof of guilt was evident or the presumption was great, this error was harmless because the affidavit did establish such proof.
• Snelgrove v. State
  217 So. 3d 992· Fla.· 2017-05-11 ·cited 9×
  David Snelgrove was convicted and sentenced to death for murdering an elderly couple in 2000. The Florida Supreme Court affirmed the denial of his post-conviction motion challenging his conviction and claims of ineffective counsel, but vacated his death sentences and ordered a ne
• Hampton v. State
  219 So. 3d 760· Fla.· 2017-05-04 ·cited 9×
  John Lee Hampton was convicted of first-degree murder and sentenced to death for the 2007 killing of Renee McKinness in Clearwater, Florida. The Florida Supreme Court affirmed the denial of post-conviction relief on guilt-phase ineffective assistance claims and intellectual disab
• Donald Lenneth Banks v. State
  219 So. 3d 19· Fla.· 2017-04-20 ·cited 9×·via Writ Of Habeas Corpus
  Donald Lenneth Banks was convicted of first-degree murder and sentenced to death for the 2005 stabbing death of Linda Volum. The Florida Supreme Court affirmed his conviction and guilt-phase claims, but vacated his death sentence due to the Hurst v. Florida decision requiring jur
• Torres v. State
  208 So. 3d 831· Fla. 1st DCA· 2017-01-23 ·cited 9×
  José A. Torres Sr. appealed an order transferring his habeas corpus petition from the Second Judicial Circuit to the Sixth Judicial Circuit. The First District Court of Appeal affirmed the transfer, holding that the court of conviction (not the court where the defendant is incarc
• Parrish v. State
  201 So. 3d 145· Fla. 3d DCA· 2016-01-06 ·cited 9×·via Writ Of Habeas Corpus
  Thomas Parrish, who pleaded guilty to armed robbery, kidnapping, aggravated battery, and sexual battery and received a 25-year sentence, petitioned for a writ of habeas corpus to obtain a belated appeal. The court appointed a commissioner to hold an evidentiary hearing to resolve
• Eaglin v. State
  176 So. 3d 900· Fla.· 2015-06-25 ·cited 9×
  Dwight T. Eaglin was convicted and sentenced to death for murdering a correctional officer and inmate while attempting to escape from prison. The Florida Supreme Court affirmed the postconviction court's denial of his ineffective assistance of counsel claims and rejected his habe
• Baker v. State
  164 So. 3d 38· Fla. 3d DCA· 2015-04-22 ·cited 9×
  Baker appeals a venue transfer order transferring his habeas corpus petition from Monroe County (where he was convicted) to Leon County. The Third District Court of Appeal reverses, holding that the trial court has jurisdiction over habeas petitions challenging the validity of a
• Hernandez v. State
  137 So. 3d 542· Fla. 4th DCA· 2014-04-09 ·cited 9×
  Alfredo Hernandez, a first-time felony offender convicted of marijuana trafficking and unlawful renting of property for drug trafficking, petitioned for a second appeal alleging his appellate counsel was ineffective for failing to file a Rule 3.800(b)(2) motion to correct his sen
• Michaels v. Loftus
  139 So. 3d 324· Fla. 3d DCA· 2014-04-02 ·cited 9×
  Alexander Michaels, an attorney, was found in direct criminal contempt for two acts toward opposing counsel during a probation violation hearing: making a hand gesture and mumbling profanities in Romanian. The Florida appellate court granted his habeas petition as to the hand ges
• Downs v. State
  135 So. 3d 521· Fla. 5th DCA· 2014-03-28 ·cited 9×
  Jason Downs appeals the denial of his habeas corpus petition seeking permission to file a belated postconviction relief motion under Florida Rule of Criminal Procedure 3.850(b)(3). The appellate court reversed, holding that the amended rule allowing counsel neglect exceptions sho
• Preston v. Sheriff David GEE
  133 So. 3d 1218· Fla. 2d DCA· 2014-03-14 ·cited 9×
  Preston petitioned for habeas corpus challenging a no-bond detention order entered at his first appearance on armed robbery charges. The Florida Second District Court of Appeal granted the petition, holding that the criminal report affidavit submitted was legally insufficient und
• Furney v. State
  115 So. 3d 1095· Fla. 4th DCA· 2013-06-26 ·cited 9×
  Rodney Furney was convicted of aggravated battery and aggravated assault with a firearm in 2005 based on a jury instruction on the forcible felony exception to self-defense that incorrectly negated his sole defense. On appeal of his denied Rule 3.850 motion, the court granted hab
• Davis v. State
  26 So. 3d 647· Fla. 2d DCA· 2010-01-22 ·cited 9×
  Sidney Davis appeals the denial of his habeas corpus petition seeking release from a life sentence imposed for second-degree burglary in 1976. The court reverses and remands, directing that Davis's challenge be reframed as a motion to correct an illegal sentence under Florida Rul
• Stokes v. State
  3 So. 3d 425· Fla. 3d DCA· 2009-02-18 ·cited 9×
  The Eleventh Judicial Circuit lacked jurisdiction to consider a habeas corpus petition challenging a conviction, as only the sentencing court has jurisdiction for such claims.
• Etienne v. State
  994 So. 2d 450· Fla. 3d DCA· 2008-10-29 ·cited 9×
  Lorenzo Etienne appeals the denial of his habeas corpus petition, claiming that the forfeiture of gain time earned on a prior prison sentence violated the terms of his plea agreement. The court reversed, holding that while Etienne was not entitled to credit for all time previousl
• Tremaine Bailem v. State
  984 So. 2d 604· Fla. 3d DCA· 2008-06-11 ·cited 9×
  Tremaine Bailem petitioned for writs of habeas corpus and mandamus to compel the trial court to transport him to testify at an evidentiary hearing on his postconviction relief motion. The Florida appellate court denied both petitions, finding that mandamus was inappropriate becau
• Watts v. State
  985 So. 2d 21· Fla. 2d DCA· 2008-05-21 ·cited 9×
  Julian Watts appealed the dismissal of his habeas corpus petition challenging his 35-year resentence imposed in October 2006 for violating probation. The court reversed, holding that while habeas corpus was improper, the circuit court should have treated the petition as a motion
• Vierra v. State
  980 So. 2d 588· Fla. 2d DCA· 2008-04-30 ·cited 9×
  The court held that the circuit court erred in dismissing the petition for failure to exhaust administrative remedies without first determining the proper venue.
• Ivey v. Dep't OF Child. & Fam. Servs.
  974 So. 2d 480· Fla. 2d DCA· 2008-01-25 ·cited 9×
  Donald Raymond Ivey petitioned for habeas corpus challenging his civil commitment as a sexually violent predator under Florida's Jimmy Ryce Act, claiming ineffective assistance of trial counsel. The Second District Court of Appeal denied the petition but certified a question of g
• K.P. v. State
  952 So. 2d 1229· Fla. 5th DCA· 2007-03-30 ·cited 9×·via Writ Of Habeas Corpus
  In this juvenile habeas corpus proceeding, K.P. challenges a trial court's order placing him in secure detention for fifteen days pending placement in a moderate-risk residential program. The appellate court found that the trial court lacked authority to order secure detention be
• Mack v. State
  955 So. 2d 51· Fla. 1st DCA· 2007-03-26 ·cited 9×
  Kevin Mack sought habeas corpus relief claiming his direct appellate counsel was ineffective for failing to argue that Apprendi and Blakely required reversal of his sentence. The court denied the petition, holding that Apprendi and Blakely do not apply because the trial court did
• Wilson v. State
  933 So. 2d 598· Fla. 3d DCA· 2006-06-21 ·cited 9×·via Writ Of Habeas Corpus
  Roy Lee Wilson petitioned for habeas corpus claiming his trial counsel was ineffective for failing to raise that the trial court committed fundamental error by using "and/or" in jury instructions. The Florida Court of Appeal denied the petition, holding that the use of "and/or" b
• L.G. v. Dep't of Child. & Families
  917 So. 2d 1015· Fla. 1st DCA· 2006-01-05 ·cited 9×·via Habeas Corpus Petition
• Glendon Goelz v. Bradshaw
  906 So. 2d 1234· Fla. 4th DCA· 2005-07-27 ·cited 9×·via Writ Of Habeas Corpus
  A Florida appellate court granted a habeas corpus petition and quashed a bond revocation order, holding that the trial court erred in finding the defendant's letter to the victim was "new information" when substantial portions of it had already been presented to the first appeara
• Buhbut v. Edward Bieluch as Sheriff of Palm Beach Cnty.
  835 So. 2d 1222· Fla. 4th DCA· 2003-01-24 ·cited 9×
  The petitioner challenges his detention following alleged violations of house arrest conditions. The court holds that the trial court violated statutory requirements by denying bond relief without making findings regarding actual violations or alternative conditions that could en
• Finney v. State
  831 So. 2d 651· Fla.· 2002-09-26 ·cited 9×·via Writ Of Habeas Corpus
  Charles W. Finney, convicted and sentenced to death for the 1991 murder of Sandra Sutherland, appeals the denial of his first motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitions for a writ of habeas corpus. The Florida Supreme Court affir
• Alphonso Prosperity Smith v. Kearney
  802 So. 2d 387· Fla. 4th DCA· 2001-11-14 ·cited 9×
  Alphonso Smith appealed the denial of his habeas corpus petition challenging his detention under Florida's Jimmy Ryce Act. Smith argued he was unlawfully detained because his sentences included an illegal concurrent probation and incarceration term that should have resulted in hi
• Ace Patterson v. State
  788 So. 2d 397· Fla. 1st DCA· 2001-06-29 ·cited 9×
• Azadi v. Spears
  826 So. 2d 1020· Fla. 3d DCA· 2001-04-25 ·cited 9×·via Writ Of Habeas Corpus
  Michael Azadi petitioned for habeas corpus challenging his pretrial detention order. The court reversed the detention order because it was based exclusively on hearsay evidence (an arrest affidavit), which violates Florida Rule of Criminal Procedure 3.132(c)(1).
• Harold R. Sheriff v. Moore
  781 So. 2d 1146· Fla. 1st DCA· 2001-03-15 ·cited 9×
• N.H. v. State
  723 So. 2d 889· Fla. 5th DCA· 1998-12-23 ·cited 9×·via Writ Of Habeas Corpus
  A juvenile petitioner sought habeas corpus relief claiming double jeopardy violations after a trial court imposed additional detention time from a previously suspended contempt sentence. The appellate court agreed the trial court violated double jeopardy protections by increasing
• Mesidor v. Neumann
  721 So. 2d 810· Fla. 4th DCA· 1998-12-16 ·cited 9×·via Writ Of Habeas Corpus
  The Fourth District Court of Appeal granted a petition for writ of habeas corpus seeking reduction of pretrial bond for a defendant charged with sexual battery and kidnapping. The court found that a $200,000 bond was effectively no bond for an indigent defendant with community ti
• Remeta v. State
  710 So. 2d 543· Fla.· 1998-03-29 ·cited 9×
  Daniel Eugene Remeta, a death row inmate scheduled for execution, appealed the trial court's denial of his Rule 3.850 motion seeking to vacate his death sentence for the 1985 murder of an Ocala convenience store clerk. The Florida Supreme Court affirmed the denial, rejecting Reme
• Curt Baber v. State
  696 So. 2d 490· Fla. 4th DCA· 1997-07-02 ·cited 9×·via Habeas Corpus Petition
  Curt Baber appeals the trial court's summary denial of his motion for post-conviction relief based on the court's alleged lack of subject matter jurisdiction due to a simultaneously pending habeas corpus petition. The court reverses and remands, holding that trial courts have jur