Writ Of Habeas Corpus

3,651 Florida cases classified under this topic, plus 2,273 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Geno L. Hawkins, Sr. v. Jones
  211 So. 3d 993· Fla.· 2017-02-23
  The court held that the petitioner's repeated frivolous filings warrant sanctions, including rejection of future pro se filings related to his prior conviction.
• Edwards v. State
  206 So. 3d 835· Fla. 1st DCA· 2016-12-21
  The court held that the petitioner's repeated filings constitute an abuse of process and barred him from future pro se filings in the court concerning specific case numbers.
• Pinder v. State
  217 So. 3d 122· Fla. 3d DCA· 2016-11-23
  Andre Pinder petitioned for habeas corpus challenging his 1991 upward departure sentence. The court denied the petition as successive, finding the issue had been previously reviewed and disposed of, and issued an order to show cause regarding Pinder's pattern of repeated pro se f
• R.L. Williams v. State
  208 So. 3d 766· Fla. 3d DCA· 2016-11-23
  R.L. Williams, convicted of first-degree murder and armed robbery in 1987, sought a belated appeal of his 1989 resentencing on the armed robbery conviction via habeas corpus petition in 2016. The court denied the petition but granted his motion for a written opinion, ordering Wil
• Taylor v. S.B. Rositer
  204 So. 3d 957· Fla. 1st DCA· 2016-11-09
  The court held that the petitioner is barred from future pro se filings in this court concerning the specific Bay County Circuit Court case due to abuse of the legal process.
• Broom v. Crews
  204 So. 3d 55· Fla. 1st DCA· 2016-10-10
  The court held that the petitioner is barred from future pro se filings in this court concerning his conviction due to abuse of the legal process.
• Corner v. State
  206 So. 3d 759· Fla. 3d DCA· 2016-10-05
  The Florida Third District Court of Appeal upheld its earlier decision denying Lawrence Corner's habeas corpus petition and, after Corner failed to show good cause in response to a show cause order, imposed restrictions on his ability to file further pro se pleadings in the appel
• Naim Johnson v. State
  197 So. 3d 1281· Fla. 5th DCA· 2016-08-26
• Arnold v. State
  201 So. 3d 178· Fla. 1st DCA· 2016-08-25
  The court held that the petitioner is barred from future pro se filings in this court concerning his specific case due to abuse of the legal process.
• Jeannin v. State
  197 So. 3d 1277· Fla. 1st DCA· 2016-08-25
  Petitioner is barred from filing any future pro se challenges to his conviction and sentence in this court due to repeated abuse of the legal process.
• Sinclair v. State
  199 So. 3d 374· Fla. 1st DCA· 2016-08-16
  The court held that the petitioner is barred from making future pro se filings concerning a specific case due to abuse of the legal process.
• Griffin v. State
  196 So. 3d 510· Fla. 3d DCA· 2016-07-13
  The court prohibited a pro se litigant from submitting further appeals in his criminal case without representation by a licensed Florida Bar attorney, after he filed ten habeas corpus petitions and multiple other filings without good cause.
• Worley v. State
  199 So. 3d 308· Fla. 3d DCA· 2016-07-13
• Davis v. State
  196 So. 3d 502· Fla. 3d DCA· 2016-07-13
  James Davis, a convicted felon serving time for firearm-related offenses since 1996, filed his twelfth post-conviction appeal challenging his convictions. The court imposed sanctions prohibiting Davis from filing further pro se appeals related to his case unless reviewed and sign
• Y.A. v. State
  197 So. 3d 1180· Fla. 3d DCA· 2016-07-12
  A juvenile challenges a secure detention order based on a flawed Detention Risk Assessment Instrument (DRAI) score. The trial court improperly relied on the juvenile's probationary status as an aggravating circumstance, constituting impermissible double-scoring since that status
• Jackson v. State
  194 So. 3d 579· Fla. 1st DCA· 2016-07-06
  The court held that the petitioner is barred from future pro se filings in this court concerning specific Alachua County Circuit Court case numbers due to abuse of the legal process.
• Carliss M. Johnson v. State
  192 So. 3d 1285· Fla. 5th DCA· 2016-06-24
• Markland v. State
  197 So. 3d 1138· Fla. 3d DCA· 2016-06-22
  The court denied the petition for writ of habeas corpus as successive and ordered the petitioner to show cause why he should not be prohibited from further pro se filings.
• Walters v. State
  192 So. 3d 88· Fla. 3d DCA· 2016-05-26
  The court denied the petition for writ of habeas corpus as successive and ordered the petitioner to show cause why further pro se filings should not be prohibited.
• Smith v. Jones
  191 So. 3d 445· Fla.· 2016-05-12
  The Florida Supreme Court imposed sanctions on Willie A. Smith, an incarcerated pro se litigant, barring him from filing future pleadings in the Court related to his criminal convictions unless signed by a member of the Florida Bar, based on his pattern of filing at least 27 meri
• K.C. v. State
  190 So. 3d 242· Fla. 5th DCA· 2016-05-05 ·via Habeas Corpus Relief
• Smith v. State
  190 So. 3d 229· Fla. 1st DCA· 2016-04-29
• Griffin v. State
  201 So. 3d 666· Fla. 3d DCA· 2016-04-27
  The court denied Griffin's habeas corpus petition and ordered him to show cause why he should not be prohibited from filing further pro se appeals without attorney representation, given his pattern of multiple frivolous post-conviction filings.
• Owens v. State
  197 So. 3d 1104· Fla. 3d DCA· 2016-03-30
  The court denied the petition for writ of habeas corpus and ordered the petitioner to show cause why he should not be prohibited from filing further pro se appeals.
• Fla. Dep't OF Juv. Just. v. Forrest Hallam
  185 So. 3d 1284· Fla. 1st DCA· 2016-02-26
  The Florida Department of Juvenile Justice and a juvenile (L.W.P.) petitioned for a writ of habeas corpus after L.W.P. was sentenced to five days secure detention for direct contempt of court. The First District Court of Appeal granted the petition, holding that a juvenile cannot
• Simmons v. Marydell Guevara
  184 So. 3d 655· Fla. 3d DCA· 2016-02-09
  The court held that the trial court erred in conflating rules regarding preliminary hearings and extensions for filing an information, and that the State failed to show good cause for an extension.
• Bonner v. State
  202 So. 3d 432· Fla. 3d DCA· 2015-12-16
  The Florida Third District Court of Appeal affirmed the trial court's denial of Bernard Bonner's petition for a Writ of Habeas Corpus and motion for rehearing. The court noted Bonner's history of numerous unsuccessful pro se motions and appeals challenging his convictions and sen
• Gardner v. State
  179 So. 3d 458· Fla. 1st DCA· 2015-11-13
  The court held that the petitioner is barred from future pro se filings challenging his conviction and sentence due to abuse of the legal process.
• Cassidy v. State
  178 So. 3d 540· Fla. 1st DCA· 2015-11-05
  In this habeas corpus appeal, the First District Court of Appeal affirmed the trial court's denial of Cassidy's petition for writ of habeas corpus, holding that habeas corpus is not the proper remedy for collateral postconviction relief available through Rule 3.850 motions. The c
• Jefferson v. Jones
  180 So. 3d 164· Fla. 3d DCA· 2015-11-04
  Cedric Jefferson, a pro se litigant who has filed thirty-two unsuccessful appeals since 1998 challenging his conviction and sentence, petitions for a writ of habeas corpus. The court denies the petition and issues an order to show cause why Jefferson should not be prohibited from
• Nilio v. State
  176 So. 3d 1286· Fla. 1st DCA· 2015-10-30
  Michael Joseph Nilio appealed the circuit court's denial of his habeas corpus petition. The appellate court summarily affirmed the denial, holding that habeas corpus is not available as a substitute for post-conviction proceedings and that Nilio had not shown a preliminary basis
• Recardo Clayton v. State
  201 So. 3d 138· Fla. 3d DCA· 2015-10-28
  The court held that a pro se litigant's further filings related to a specific criminal case will be refused unless reviewed and signed by a licensed attorney.
• Shanklin v. State
  174 So. 3d 621· Fla. 1st DCA· 2015-09-11
  Keith Shanklin appeals the transfer of his habeas corpus petition from the county where he is detained to the sentencing county, arguing that section 907.045 allows post-conviction habeas challenges to charging documents. The court affirmed the transfer, holding that section 907.
• Morales v. State
  172 So. 3d 533· Fla. 3d DCA· 2015-08-12
  The Florida Third District Court of Appeal denied Leonardo Morales's petition for a writ of habeas corpus challenging his criminal sentence and imposed restrictions on his future pro se filings with the court, requiring any further filings to be signed by a licensed Florida attor
• Recardo Clayton v. State
  176 So. 3d 303· Fla. 3d DCA· 2015-08-05
  The court denied the petition for a writ of habeas corpus and issued an order to show cause why the petitioner should not be prohibited from filing further pro se appeals.
• Sneed v. State
  201 So. 3d 56· Fla. 3d DCA· 2015-06-24
  Timothy Sneed, a pro se litigant, challenged the trial court's denial of post-conviction relief and filed a habeas petition. The appellate court affirmed the denial, issued a show cause order regarding restrictions on future pro se filings, and ultimately prohibited Sneed from fi
• Morales v. State
  172 So. 3d 469· Fla. 3d DCA· 2015-06-03
  Leonardo Morales petitions for a writ of habeas corpus challenging his life sentence imposed in 1993 following resentencing ordered by the appellate court. The court denies the petition and issues an order to show cause why Morales should not be prohibited from filing further pro
• Gadson v. State
  165 So. 3d 720· Fla. 5th DCA· 2015-05-15
  Leroy Gadson petitioned for habeas corpus, claiming his appellate counsel was ineffective for failing to challenge an illegal sentence. The court granted the petition on one claim, finding that the trial court erroneously classified attempted robbery as a first-degree felony inst
• Jones v. State
  200 So. 3d 80· Fla. 5th DCA· 2015-05-15
  Justin Lamar Jones sought habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise a fundamentally erroneous attempted manslaughter jury instruction on direct appeal. The Florida Fifth District Court of Appeal granted the petition, finding th
• Weaver v. State
  163 So. 3d 719· Fla. 3d DCA· 2015-04-29
  Michael Weaver petitioned for a writ of habeas corpus challenging the legality of his 1999 sentence for second-degree murder and armed robbery, arguing that the trial court imposed an upward departure from sentencing guidelines without stating reasons and that his plea was involu
• Clapp v. State
  160 So. 3d 107· Fla. 4th DCA· 2015-03-18
• McKINNEY v. State
  159 So. 3d 326· Fla. 1st DCA· 2015-03-09
  Travis McKinney petitioned for a writ of habeas corpus to challenge 2008 judgments and sentences from Wakulla County Circuit Court. The court dismissed the petition and imposed sanctions barring McKinney from future pro se filings in this court concerning the same case due to his
• Turner v. State
  159 So. 3d 279· Fla. 2d DCA· 2015-03-04
  Stanley Lee Turner appealed the summary denial of his motion challenging the legality of his twenty-year sentence as a habitual felony offender for organized fraud. The court held that Turner's sentence was illegal because it exceeded the statutory maximum for the third-degree fe
• Sneed v. State
  201 So. 3d 48· Fla. 3d DCA· 2015-02-25
  Timothy Sneed appeals the denial of his pro se post-conviction relief motion under Florida Rule of Criminal Procedure 3.850, which the trial court rejected as time-barred and successive. The court affirmed the denial, finding Sneed's arguments barred by res judicata from a prior
• Kraft v. State
  156 So. 3d 1116· Fla. 4th DCA· 2015-02-11
  A trial court has discretion to consider releasing a defendant on bail following conviction and pending sentencing, and mandamus may issue to compel the exercise of that discretion.
• Johnson v. Marydell Guevara
  156 So. 3d 557· Fla. 3d DCA· 2015-01-21
  The court held that the trial court relied upon a legally sufficient record to warrant pretrial detention, despite procedural claims, and denied the petition for habeas corpus.
• Moskalenko v. Israel
  162 So. 3d 131· Fla. 4th DCA· 2014-12-10
  The court held that a civil contempt order requiring incarceration must include a finding that the contemnor has the present ability to purge the contempt.
• Verdell J. Hill, Jr. v. State
  152 So. 3d 56· Fla. 5th DCA· 2014-11-10
  Petitioner Hill sought habeas corpus relief challenging the trial court's order revoking his pretrial bond without making the required findings of fact. The appellate court partially granted the petition and remanded for the trial court to determine whether Petitioner willfully v
• Ramos-Miranda v. Marydell Guevara
  150 So. 3d 1179· Fla. 3d DCA· 2014-11-07
• Borris Moralez v. Marydell Guevara
  151 So. 3d 25· Fla. 3d DCA· 2014-10-24
  A Florida appellate court grants a habeas corpus petition and orders the immediate release of a detainee whose pretrial release was revoked for a noncriminal violation rather than a new crime. The court enforces its mandate requiring an expedited bond hearing and ultimately order