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

• Todrick Roberts v. State
  183 So. 3d 412· Fla. 3d DCA· 2014-10-08
  The court ordered the pro se litigant to show cause why he should not be prohibited from filing further pro se proceedings concerning his conviction and sentence.
• Robinson v. State
  146 So. 3d 1287· Fla. 3d DCA· 2014-09-19
  Tommy Robinson petitioned for habeas corpus challenging his detention without bond after being arrested on an alias capias warrant for failing to appear at trial. The Florida District Court of Appeal granted the petition in part and remanded for a proper bond hearing, finding the
• D.L. v. State
  147 So. 3d 653· Fla. 5th DCA· 2014-09-17
  The court held that the trial court improperly double-scored the petitioner's possession of a firearm on his Risk Assessment Instrument and failed to address an unrelated pending charge.
• Herrera v. State
  146 So. 3d 1266· Fla. 3d DCA· 2014-09-17
• O.A. v. State
  146 So. 3d 135· Fla. 3d DCA· 2014-09-03
  A juvenile detained on robbery and drug possession charges petitioned for habeas corpus relief. The appellate court granted the petition after determining that robbery by sudden snatching, absent force beyond that necessary to obtain the property, is not a categorical violent fel
• Gore v. Crews
  146 So. 3d 117· Fla. 1st DCA· 2014-09-02
• Lennie Rodgers v. State
  140 So. 3d 1144· Fla. 1st DCA· 2014-06-23
  Lennie Rodgers appealed the dismissal of his postconviction motion challenging his conviction and sentence, which he mislabeled as a habeas corpus petition. The Florida District Court of Appeal reversed, holding that mislabeling a motion is not a jurisdictional defect and that ci
• Knight v. GEE
  161 So. 3d 473· Fla. 2d DCA· 2014-06-18
  The court held that a trial court cannot sua sponte increase a defendant's bond without proper notice and a motion by the State showing good cause.
• Dorsett v. State
  140 So. 3d 706· Fla. 3d DCA· 2014-06-18
  The appellate court affirmed the dismissal of the habeas corpus petition because it was filed in the wrong court.
• Bush v. Crews
  141 So. 3d 527· Fla.· 2014-06-12
  The Court held that the inmate's pro se petition was unauthorized and frivolous, warranting sanctions.
• Rightmire v. State
  140 So. 3d 685· Fla. 1st DCA· 2014-06-10
  The court held that the petitioner is barred from future pro se filings in this court concerning the specific case due to abuse of the legal process through repeated filings.
• Tavarence Ramone Wiggins v. State
  141 So. 3d 621· Fla. 3d DCA· 2014-06-04 ·via Federal Habeas Corpus
  Tavarence Wiggins appeals the denial of his post-conviction motion for relief based on disparate treatment compared to four co-conspirators who received reduced sentences after successful appeals of their RICO conspiracy convictions. The court affirms the denial, holding that whi
• Chandler v. State
  162 So. 3d 22· Fla. 4th DCA· 2014-04-16
  Zachary Chandler filed a habeas corpus petition challenging his 1999 robbery conviction sentence, claiming the trial court orally pronounced a ten-year sentence while the written order imposed twenty years. The court dismissed the petition as an improper vehicle for a sentence ch
• McCRAY v. Dept. OF Corrections
  201 So. 3d 33· Fla. 3d DCA· 2014-04-09 ·via Habeas Corpus Relief
  Martin Luther McCray petitioned for habeas corpus relief, claiming his sentence had expired and his detention was unjust. The Florida Third District Court of Appeal denied his petition and, after McCray filed numerous successive motions raising identical claims and failed to show
• R.A.J. v. State
  135 So. 3d 523· Fla. 5th DCA· 2014-03-28
  The court denied a juvenile's habeas corpus petition, holding that Florida Statutes section 985.439(4)(b) authorizes home detention with electronic monitoring as a probation violation sanction without the time limitations that apply to residential consequence units under subsecti
• Dinkins v. State
  162 So. 3d 2· Fla. 4th DCA· 2014-02-26
  The court summarily affirmed the denial of the petition for writ of habeas corpus, finding it untimely, successive, and procedurally barred.
• T.F. v. N.M.
  129 So. 3d 1205· Fla. 1st DCA· 2014-01-22
  T.F. appealed the denial of his habeas corpus petition challenging termination of his parental rights, arguing he was denied due process by the trial court's failure to appoint counsel despite his indigency. The court affirmed, holding that although indigent parents are ordinaril
• Corrine Blakely v. State
  132 So. 3d 295· Fla. 4th DCA· 2014-01-08
• Sec. & Exch. Comm'n v. City of Miami
  1992 WL 157280· S.D. Fla.· 2013-12-27 ·via Federal Habeas Corpus
  The court found that the complaint sufficiently alleged false or misleading statements, materiality, and scienter to survive a motion to dismiss for the securities fraud claims.
• Wolack v. Tena M. Pate
  135 So. 3d 359· Fla. 5th DCA· 2013-12-27
  The trial court erred by dismissing a habeas corpus petition challenging a presumptive parole release date, as it should have been treated as a mandamus petition and transferred to the appropriate venue.
• McKEE v. Jacobo
  127 So. 3d 857· Fla. 2d DCA· 2013-12-04
  A petition for writ of habeas corpus under section 394.9215 is the proper vehicle for challenging the quality and quantity of rehabilitative services and treatment for involuntarily committed individuals.
• Jones v. State
  127 So. 3d 835· Fla. 3d DCA· 2013-11-27
  The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding the denial was without prejudice to the appellant refiling his post-conviction relief petition.
• Lang v. Crews
  129 So. 3d 397· Fla. 1st DCA· 2013-11-26
• Smith v. State
  121 So. 3d 602· Fla. 4th DCA· 2013-08-07
• Rozzelle v. State
  119 So. 3d 493· Fla. 1st DCA· 2013-07-26
  Petitioner is barred from making future pro se filings in this court concerning the specific case due to abuse of the legal process through repeated filings.
• Smithwick v. State
  117 So. 3d 85· Fla. 5th DCA· 2013-07-05
  Smithwick filed a habeas corpus petition with the Florida Supreme Court challenging a circuit court order denying his motion to vacate sentence. The supreme court transferred the petition to the Fifth District Court of Appeal, treating it as a notice of appeal. The court dismisse
• Cross v. Crews
  147 So. 3d 21· Fla. 1st DCA· 2013-06-27
  The court held that the petitioner is barred from making future pro se filings in this court concerning the specific case due to abuse of the legal process.
• Tagliamonte v. State
  126 So. 3d 352· Fla. 3d DCA· 2013-04-19
  Andrew Tagliamonte petitioned for a writ of habeas corpus challenging the trial court's sua sponte modification of his pretrial release conditions to require him to stay away from his minor son. The court granted the petition, holding that a trial court lacks authority to modify
• Samora Rancy v. State
  110 So. 3d 989· Fla. 5th DCA· 2013-04-17
• Niel Paul v. Ryan
  126 So. 3d 349· Fla. 3d DCA· 2013-04-17
  Florida appellate court granted habeas corpus petition because trial court failed to determine whether defendant's failure to appear was willful before denying bond.
• United States v. Brye
  1990 WL 168164· M.D. Fla.· 2013-03-28
  The court held that a district court of incarceration lacks the jurisdictional authority to order another coequal district court to resentence a defendant.
• Summerall v. State
  107 So. 3d 448· Fla. 2d DCA· 2013-01-11
  Teddy Summerall appealed the dismissal of his habeas corpus petition, arguing his convictions and sentences were unjust in light of relief granted to his brother on direct appeal. The court affirmed the dismissal, noting Summerall had repeatedly raised this identical claim over m
• Andria Michelle Kerchner v. State
  103 So. 3d 284· Fla. 5th DCA· 2013-01-02
• Mervyn Paul Arnold v. State
  114 So. 3d 223· Fla. 5th DCA· 2012-11-16
  The dismissal of a petition for writ of habeas corpus is affirmed because the appellant received concurrent sentencing as agreed, and Florida's lack of parole does not render his detention unlawful.
• Delegal v. State
  126 So. 3d 1232· Fla. 4th DCA· 2012-10-24
• Jackson v. Tucker
  99 So. 3d 614· Fla. 1st DCA· 2012-10-23
  Jackson petitioned for habeas corpus relief claiming he was entitled to additional gain-time credits and immediate release from the Florida Department of Corrections. The circuit court refused to file his habeas petition due to his failure to submit an indigency affidavit or pay
• Benny Mooney v. Fla. Parole Comm'n & The Fla. Dep't of Corr.
  98 So. 3d 728· Fla. 1st DCA· 2012-10-08
• A.P. v. Housel
  126 So. 3d 1182· Fla. 4th DCA· 2012-09-12
  A juvenile detained pending placement in a residential facility challenges the risk assessment instrument (RAI) scoring used to justify secure detention. The court held that RAI points for 'committed or detention' status must be based on the juvenile's legal status at the time of
• Hampton v. State
  96 So. 3d 1132· Fla. 1st DCA· 2012-09-11
  The court held that the petitioner is barred from future pro se filings in this court challenging the judgment and sentence due to abuse of the legal process.
• Hall v. Ryan
  98 So. 3d 1195· Fla. 3d DCA· 2012-09-05
  The court granted the State's petition for certiorari to review an order reinstating a defendant's release on his own recognizance, while denying the defendant's petition for habeas corpus seeking reinstatement of that release.
• Bradford v. State
  93 So. 3d 1180· Fla. 1st DCA· 2012-08-03
  Jeff David Bradford, a state prisoner serving a life sentence since 1974, appealed the trial court's denial of his habeas corpus petition challenging the Florida Parole Commission's suspension of his presumptive parole release date. The appellate court affirmed, rejecting Bradfor
• Jenkins v. State
  92 So. 3d 279· Fla. 3d DCA· 2012-07-11
  The court held that the petitioner has shown no good cause to avoid prohibition of further pro se filings due to his history of successive and meritless motions.
• Ivaldi v. State
  88 So. 3d 334· Fla. 3d DCA· 2012-05-02 ·via Habeas Corpus Relief
  Habeas corpus petition granted because appellate counsel was ineffective for failing to raise a defective manslaughter instruction that the Florida Supreme Court had already condemned in Montgomery, requiring reversal of the second degree murder conviction and remand for new tria
• Ward v. State
  84 So. 3d 379· Fla. 5th DCA· 2012-03-16
• Robertson v. State
  81 So. 3d 629· Fla. 5th DCA· 2012-03-09 ·via Habeas Corpus Relief
  The court held that a defendant is not entitled to jail-time credit for time spent in another county's jail before a warrant for the current offense was executed.
• Lewis v. Fla. Parole Comm'n
  78 So. 3d 122· Fla. 1st DCA· 2012-01-30
• Basil Burford v. State
  77 So. 3d 917· Fla. 4th DCA· 2012-01-25
  Basil Burford petitioned for a writ of habeas corpus claiming appellate counsel was ineffective for failing to raise fundamental error regarding a missing jury instruction on justifiable and excusable homicide in his manslaughter conviction. The court granted the petition, findin
• Williams v. State
  71 So. 3d 232· Fla. 4th DCA· 2011-10-06
  The court held that the motion to disqualify the judge was legally sufficient and that the $50,000 bond was excessive, granting both petitions.
• Jarvis Haynes v. State
  73 So. 3d 793· Fla. 5th DCA· 2011-09-23
  Jarvis Haynes appeals the dismissal of his habeas corpus petition challenging his 2005 convictions for third-degree felony murder, robbery with a firearm, and dealing in stolen property. The court affirmed the dismissal, holding that habeas corpus is not the appropriate vehicle f
• Batten v. State
  70 So. 3d 736· Fla. 1st DCA· 2011-09-22
  Petitioner is barred from making future pro se filings in this court concerning his specific case due to abuse of the legal process through repeated, unsuccessful attacks on his conviction and sentence.