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

• Garcia v. State
  949 So. 2d 980· Fla.· 2006-11-09 ·cited 8×
  Henry Garcia, sentenced to death for the brutal 1983 murders of two elderly sisters, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief and denies the habeas
• Duncan v. Fla. Parole Comm'n
  939 So. 2d 176· Fla. 1st DCA· 2006-10-05 ·cited 8×
• Price v. State
  937 So. 2d 702· Fla. 5th DCA· 2006-08-11 ·cited 8×·via Writ Of Habeas Corpus
  The court affirmed the trial court's denial of habeas corpus relief, holding that a habeas petition cannot be used to challenge the legal sufficiency of an information when such claims should have been raised on direct appeal.
• Mohr v. State
  927 So. 2d 1031· Fla. 2d DCA· 2006-05-10 ·cited 8×
  Peter Mohr, convicted of sexual battery, sought relief for ineffective assistance of appellate counsel for failing to challenge the trial court's admission of a detective's videotaped interview statements that were highly prejudicial and expressed the detective's personal opinion
• Galloway v. State
  931 So. 2d 136· Fla. 5th DCA· 2006-04-21 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a petition for writ of habeas corpus should have been dismissed on jurisdictional grounds because the petitioner was attacking the validity of his conviction, which requires filing a motion in the sentencing court, not the county of incarceration.
• Bertke v. State
  927 So. 2d 76· Fla. 5th DCA· 2006-04-07 ·cited 8×·via Writ Of Habeas Corpus
  Richard Bertke petitioned for a writ of habeas corpus alleging his appellate counsel was ineffective. The court granted the petition because appellate counsel failed to challenge the trial court's erroneous inclusion of the forcible felony exception in the self-defense jury instr
• Thurston v. State
  920 So. 2d 1229· Fla. 4th DCA· 2006-02-22 ·cited 8×·via Habeas Corpus Petition
  John Thurston, convicted of burglary with battery and sexual battery, repeatedly filed frivolous successive postconviction motions in the Florida appellate system, abusing pro se court access. The appellate court affirmed the trial court's order striking his successive Rule 3.800
• Thomas v. Martone
  867 So. 2d 510· Fla. 4th DCA· 2004-02-25 ·cited 8×·via Writ Of Habeas Corpus
  Martone petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The court granted the petition in part, finding that appointed appellate counsel was not provided with critical portions of the trial record, denying counsel the ability to properly review
• Fitzgerald Livingston White v. State
  855 So. 2d 723· Fla. 3d DCA· 2003-10-08 ·cited 8×
  The trial court erred in dismissing a Rule 3.850 motion for lack of jurisdiction based on a pending habeas corpus petition.
• Ashley v. State
  845 So. 2d 1008· Fla. 5th DCA· 2003-05-23 ·cited 8×·via Habeas Corpus Petition
  James Ashley, an inmate, appealed the denial of his motion to correct an illegal sentence, but filed his notice of appeal 21 days late. The court dismissed the appeal for lack of jurisdiction, holding that the "mail box rule" does not permit time deadlines to run from when a pris
• Damren v. State
  838 So. 2d 512· Fla.· 2003-01-23 ·cited 8×·via Writ Of Habeas Corpus
  Floyd Damren, a death row inmate, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas corpus petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction re
• Hastings v. Hon. Barry Krischer
  840 So. 2d 267· Fla. 4th DCA· 2003-01-02 ·cited 8×
  Hastings, a pro se litigant serving a 180-year sentence for manslaughter and assault convictions, sought a writ of mandamus to compel the state attorney and trial court to resentence him without habitualization, claiming procedural defects in the original 1980 sentencing. The Fou
• Gordon v. Moore
  832 So. 2d 880· Fla. 3d DCA· 2002-12-11 ·cited 8×·via Writ Of Habeas Corpus
  The court held that habitual offender sentences based on non-sequential predicate convictions must be vacated.
• Razz v. State
  828 So. 2d 433· Fla. 1st DCA· 2002-10-09 ·cited 8×
• Oyebode Oyetunji v. State
  816 So. 2d 1154· Fla. 4th DCA· 2002-04-26 ·cited 8×·via Writ Of Habeas Corpus
• In the Interest of J.W. a child v. Leitner
  801 So. 2d 295· Fla. 2d DCA· 2001-12-14 ·cited 8×
  Children awaiting placement in a high-risk residential program may not be held in secure detention unless they meet statutory detention criteria.
• Holland v. State
  791 So. 2d 1256· Fla. 5th DCA· 2001-08-24 ·cited 8×
• Sload v. State
  782 So. 2d 976· Fla. 5th DCA· 2001-04-12 ·cited 8×·via Writ Of Habeas Corpus
  A writ of habeas corpus cannot be entertained when the petitioner is represented by counsel and the petition fails to show entitlement to immediate release.
• T.S. v. Monta Clemons
  770 So. 2d 197· Fla. 2d DCA· 2000-09-29 ·cited 8×
  T.S., a juvenile charged with firearm possession offenses, challenged his continued placement in secure detention after receiving a Risk Assessment Instrument (RAI) score indicating home or nonsecure detention. The Florida appellate court held that where the RAI score warrants le
• Bradshaw v. Jenne
  754 So. 2d 109· Fla. 4th DCA· 2000-03-15 ·cited 8×·via Writ Of Habeas Corpus
  A finding of willful failure to appear, without more, is insufficient to deny bond without following procedural rules and statutory criteria for pretrial detention.
• Gonzalez v. Moore
  743 So. 2d 158· Fla. 1st DCA· 1999-10-20 ·cited 8×
  Appellant sought review of a circuit court order dismissing his habeas corpus petition for failing to comply with a case management order. The appellate court reversed, finding that appellant had substantially complied with filing requirements and that the circuit court erred in
• Sanford v. State
  739 So. 2d 1208· Fla. 3d DCA· 1999-08-04 ·cited 8×
  The court held that the case must be remanded for a factual determination of whether prison overcrowding exceeded the statutory threshold, as the record lacked evidence to support the defendant's claim for restoration of credits.
• Pinder v. State
  779 So. 2d 309· Fla. 2d DCA· 1999-07-30 ·cited 8×
  Alfred Jerome Pinder appeals the dismissal of his petition for writ of habeas corpus and raises a new claim for ineffective assistance of appellate counsel. The appellate court affirmed the trial court's dismissal, finding that Pinder used an inappropriate vehicle for relief and
• T.C. v. Jaqueline Layne
  725 So. 2d 1278· Fla. 4th DCA· 1999-02-17 ·cited 8×
  A juvenile's departure from home-based community control constitutes absconding from a 'community control program,' justifying detention.
• Crockett v. Singletary
  723 So. 2d 911· Fla. 1st DCA· 1999-01-08 ·cited 8×
  Appellate court affirmed denial of habeas corpus petition, holding that credit for presentence prison time must be addressed in the sentencing court under Rule 3.800, not through habeas corpus.
• Jett v. State
  722 So. 2d 211· Fla. 1st DCA· 1998-10-05 ·cited 8×
  Jack James Jett appeals the denial of post-conviction relief following sentences imposed for probation violations. The court affirmed that Rule 3.850 relief was time-barred but reversed, finding that Jett was subjected to double jeopardy when probation violation charges were brou
• Burnside v. State
  720 So. 2d 269· Fla. 5th DCA· 1998-10-02 ·cited 8×·via Writ Of Habeas Corpus
• Lynn v. State
  719 So. 2d 38· Fla. 1st DCA· 1998-09-23 ·cited 8×·via Habeas Corpus Proceedings
  Tony Lynn appealed the trial court's denial of his second motion for belated appeal of his 1993 conviction. The First District Court of Appeal dismissed the appeal for lack of jurisdiction, finding that Lynn failed to timely appeal and that his post-conviction motion was time-bar
• Glockson v. Manna
  711 So. 2d 1332· Fla. 2d DCA· 1998-06-10 ·cited 8×
  Parents challenged circuit court orders awarding temporary custody of their children to their aunt under Florida's extended family custody statute. The appellate court reversed, finding the trial court failed to make required findings of parental unfitness and denied the parents
• Darryll Patterson v. Neuman
  707 So. 2d 946· Fla. 4th DCA· 1998-03-19 ·cited 8×
  Petitioner Patterson sought a writ of habeas corpus challenging a $100,000 bail set for sexual offenses against a child. The court granted the petition and remanded for new bond determination, finding the bail excessive where the trial court failed to adequately consider statutor
• Medina v. Singletary
  960 F. Supp. 275· M.D. Fla.· 1997-03-24 ·cited 8×·via Habeas Corpus Petition
  The court held that a petitioner must obtain authorization from the appellate court before filing a second or successive habeas corpus application in the district court under AEDPA, and dismissed the case without prejudice to allow the petitioner to seek such authorization.
• In the Interest of D.G.H. v. Gnat
  682 So. 2d 210· Fla. 1st DCA· 1996-10-30 ·cited 8×
  A juvenile accused of battery on a school employee and disorderly conduct challenges his placement in secure detention via habeas corpus. The Florida First District Court of Appeal reverses, holding that trial courts lack discretion to order detention more restrictive than indica
• Suggs v. State
  681 So. 2d 870· Fla. 5th DCA· 1996-10-18 ·cited 8×·via Writ Of Habeas Corpus
  The court held that a defendant is not entitled to relief on a petition for writ of habeas corpus when the issue raised was previously decided on appeal and when the defendant need not be present for resentencing.
• Remeta v. Singletary
  85 F.3d 513· 11th Cir.· 1996-05-31 ·cited 8×·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  Daniel Eugene Remeta appealed the denial of his federal habeas corpus petition challenging his Florida death sentence for murder committed during a 1985 multi-state crime spree. Remeta raised numerous issues, including a claim that Florida violated the Interstate Agreement on Det
• Savage v. State
  662 So. 2d 750· Fla. 4th DCA· 1995-11-15 ·cited 8×
  The trial court properly denied a petition for writ of habeas corpus because it lacked jurisdiction to consider a petition filed by a prisoner detained outside its territorial authority.
• Dyer v. State
  655 So. 2d 123· Fla. 5th DCA· 1995-03-31 ·cited 8×·via Writ Of Habeas Corpus
  The court held that successive petitions for writ of habeas corpus should be denied as an abuse of procedure.
• Stephenson v. State
  640 So. 2d 117· Fla. 2d DCA· 1994-07-20 ·cited 8×·via Writ Of Habeas Corpus
  Edgar Stephenson appeals his life sentence as a habitual violent felony offender, but the district court dismisses the appeal because his trial counsel failed to file a timely notice of appeal. The court certifies a question of great public importance regarding whether appellate
• Johnston v. Singletary
  640 So. 2d 1102· Fla.· 1994-06-23 ·cited 8×·via Habeas Corpus Petition
  David Eugene Johnston, a death row inmate, challenged the constitutionality of the heinous, atrocious, or cruel jury instruction used at his 1984 sentencing after a federal habeas court found it infirm under Espinosa v. Florida. The Florida Supreme Court held the challenge proced
• Muehleman v. Dugger
  623 So. 2d 480· Fla.· 1993-08-05 ·cited 8×
  Jeffrey Allen Muehleman, a death row inmate, appeals the denial of his Rule 3.850 postconviction relief motion and seeks habeas corpus relief. The Florida Supreme Court holds that capital defendants are entitled to public records disclosure under chapter 119 and remands for the c
• Orndorff v. A.L. Lockhart
  998 F.2d 1426· 8th Cir.· 1993-07-15 ·cited 8×·via Habeas Corpus Petition
  The court held that the harmless error standard from Chapman v. California applies to this habeas case because the state courts did not have an opportunity to review the constitutional error. The court found the error harmless as to Richley and Holmes, but remanded for further co
• Atkins v. Singletary
  622 So. 2d 951· Fla.· 1993-05-27 ·cited 8×·via Writ Of Habeas Corpus
  The Court held that the inmate's claims were procedurally barred as they were or should have been raised in prior appeals, and the second claim was also barred because it could not have altered the trial outcome.
• In the Interest of H.L. v. Woolsey
  618 So. 2d 268· Fla. 1st DCA· 1993-03-25 ·cited 8×
  A juvenile filed a petition for writ of habeas corpus challenging his immediate secure detention after adjudication but before disposition, arguing it violated statutory requirements for detention and risk assessment.
• Yohey v. Collins
  985 F.2d 222· 5th Cir.· 1993-03-08 ·cited 8×·via Habeas Corpus Petition
  The court held that claims raised for the first time on appeal or in a reply brief are not considered, and that state law claims do not provide a basis for federal habeas relief unless they rise to constitutional dimension.
• Guess v. Barton
  599 So. 2d 770· Fla. 1st DCA· 1992-06-05 ·cited 8×
  The court held that a summary denial of a habeas corpus petition is improper if the petition's allegations, taken as true, could establish a cause of action.
• Lewis v. Huch
  964 F.2d 670· 7th Cir.· 1992-05-20 ·cited 8×
  The court affirmed the denial of the habeas petition, holding that the petitioner knowingly and intelligently waived her right to conflict-free counsel and that the trial court's actions did not violate her due process rights.
• Tal-Mason v. Singletary
  596 So. 2d 796· Fla. 4th DCA· 1992-04-08 ·cited 8×·via Habeas Corpus Petition
  The court held that the petitioner was effectively denied his right to a direct appeal due to the late appointment of counsel and the subsequent dismissal of his appeal without opportunity to respond.
• Stewart v. Peters
  958 F.2d 1379· 7th Cir.· 1992-02-27 ·cited 8×·via Habeas Corpus Petition
  A guilty plea is voluntary and intelligent if the defendant understands the rights they are waiving and the consequences of the plea, even if the record lacks explicit admissions or detailed explanations of statutory elements.
• Hubbard v. Dugger
  590 So. 2d 1031· Fla. 1st DCA· 1991-12-13 ·cited 8×·via Writ Of Habeas Corpus
  An inmate sought provisional sentence credits under Florida law, but the Department of Corrections denied them based solely on a 1970 arrest report for indecent exposure. The court reversed, holding that an arrest report without supporting evidence or sworn testimony is insuffici
• Goldstein v. Navarro
  590 So. 2d 20· Fla. 4th DCA· 1991-11-27 ·cited 8×
  Roger Goldstein petitioned for habeas corpus relief challenging his incarceration for civil contempt based on failure to pay alimony. The court denied the petition, holding that while a specific finding of ability to pay is required under Bowen v. Bowen, Goldstein was not entitle
• Lewandowski v. Makel
  949 F.2d 884· 6th Cir.· 1991-11-22 ·cited 8×
  The court held that the district court did not err in finding ineffective assistance of counsel and ordering release, as counsel's failure to inform the petitioner of the risks of appeal constituted prejudice.