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

• Flores v. State
  66 So. 3d 1094· Fla. 5th DCA· 2011-08-18 ·via Habeas Corpus Relief
  The court held that the trial court erred by failing to make the requisite findings to support the denial of bond for the petitioner.
• Felder v. State
  67 So. 3d 1177· Fla. 3d DCA· 2011-08-17
• Buss v. Stone
  61 So. 3d 1209· Fla. 1st DCA· 2011-05-13
  The Florida Department of Corrections appealed an order that converted a mandamus petition into a habeas corpus petition and transferred it from Leon County to Santa Rosa County. The court reversed, holding that because the petitioner's grievance did not actually challenge close
• Grimes v. State
  82 So. 3d 847· Fla. 4th DCA· 2011-04-27
  Gary Wayne Grimes petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel after his direct appeal was dismissed due to his appointed counsel's failure to respond to the court's filing fee directive or motion to reinstate. The Fourth District Co
• Elbert Francis v. State
  60 So. 3d 506· Fla. 1st DCA· 2011-04-21
  A petition for writ of habeas corpus is an improper and frivolous attempt to seek rehearing of a prior appellate decision.
• Neloms v. State
  57 So. 3d 942· Fla. 3d DCA· 2011-03-30
  Ronald Neloms appeals the trial court's denial of a petition for a writ of habeas corpus seeking leave to file a Rule 3.850 postconviction motion out of time, claiming his privately retained postconviction counsel was ineffective. The court affirms, holding that there was compete
• Narcisso Parker v. State of Fla. Dep't OF Corr.
  58 So. 3d 318· Fla. 4th DCA· 2011-03-16
• Donneco R. King v. Buss
  59 So. 3d 195· Fla. 4th DCA· 2011-03-16
  Failure to timely challenge a post-conviction order in a prior appeal bars subsequent collateral attack on related convictions and sentences.
• Jones v. State
  60 So. 3d 420· Fla. 1st DCA· 2011-02-28
  Jones petitioned for a writ of habeas corpus challenging an earlier appellate decision that affirmed the denial of his postconviction motion. The First District Court of Appeal dismissed the petition, finding it an improper use of habeas corpus to relitigate issues that could hav
• B.S.K. v. State
  53 So. 3d 394· Fla. 5th DCA· 2011-02-07
  The court held that the petitioner was entitled to relief from illegal detention due to an improperly prepared Risk Assessment Instrument.
• Hatten v. State
  53 So. 3d 392· Fla. 5th DCA· 2011-02-04
• Calhoun v. State of Fla. & Johnny Mack Sketo Calhoun v. Mark S. Inch
  Fla.· 2010-12-16
  Johnny Mack Sketo Calhoun appealed the denial of his motion to vacate his conviction for first-degree murder and his death sentence, claiming newly discovered evidence regarding an alternative suspect, ineffective assistance of trial and appellate counsel, and various prosecutori
• Vanwagner v. State
  45 So. 3d 572· Fla. 4th DCA· 2010-10-20
  Edward VanWagner was convicted of armed kidnapping based on jury instructions that allowed conviction under intent elements not charged in the indictment. The Fourth District granted his habeas corpus petition for ineffective assistance of appellate counsel, finding fundamental e
• Faison v. State
  45 So. 3d 919· Fla. 3d DCA· 2010-10-06
  The court held that the appellant's latest motion and appeal were frivolous and affirmed the trial court's order denying relief.
• Ladon M. Green v. Fla. Parole Comm'n & Walter A. McNeil
  46 So. 3d 101· Fla. 1st DCA· 2010-10-06
• Olin v. State
  48 So. 3d 881· Fla. 1st DCA· 2010-10-06 ·via Habeas Corpus Review
  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.
• Kyser v. State
  46 So. 3d 611· Fla. 1st DCA· 2010-09-13
  Habeas corpus cannot be used as a substitute for postconviction relief or as a second appeal for issues previously raised or that could have been raised.
• Tavorn v. Ellis
  43 So. 3d 824· Fla. 1st DCA· 2010-08-25
  The court held that the appellant is prohibited from proceeding with any active pro se case in this court and from filing additional pro se cases unless represented by counsel, with an exception for legitimate petitions for writ of habeas corpus.
• Pinder v. State
  42 So. 3d 335· Fla. 3d DCA· 2010-08-18
  Steven Leon Pinder appealed the denial of his petition for writ of habeas corpus and motion for relief from judgment, raising claims of improper charging procedure, actual innocence based on inadequate investigation, and manifest injustice. The Florida District Court of Appeal af
• Lleo v. State
  41 So. 3d 1106· Fla. 3d DCA· 2010-08-18
• Placide v. State
  41 So. 3d 430· Fla. 5th DCA· 2010-08-06
• T.M. v. State
  39 So. 3d 559· Fla. 4th DCA· 2010-07-22
  T.M., a juvenile, petitioned for a writ of habeas corpus challenging his detention in secure custody based on a finding that he was an "absconder." The Fourth District Court of Appeal granted the petition, holding that the statutory term "absconder" requires a clandestine absence
• Carswell v. Fla. Parole Comm'n & State of Fla.
  35 So. 3d 132· Fla. 5th DCA· 2010-05-21
• Frantzy Jean-Marie v. State
  35 So. 3d 116· Fla. 3d DCA· 2010-05-19
  Jean-Marie petitions for a writ of habeas corpus alleging his appellate counsel was ineffective for failing to raise certain legal arguments on direct appeal, including double jeopardy claims and jury instruction errors. The Florida District Court of Appeal denies the petition, f
• R.N. v. State
  30 So. 3d 725· Fla. 4th DCA· 2010-04-07
  A twelve-year-old detained on delinquency charges for sexual battery petitioned for habeas corpus relief, challenging the continued detention. The court held that the trial court must conduct separate inquiries every 72 hours to determine both the need for continued detention and
• J.J. v. State
  31 So. 3d 295· Fla. 3d DCA· 2010-03-31
  The court dismissed the petition as moot because the juvenile was released, but explained that the detention was improper.
• Baker v. McNeil
  711 F. Supp. 2d 1313· N.D. Fla.· 2010-03-31 ·via Federal Habeas Corpus
  The court held that the exclusion of evidence regarding the complaining witness's prior false accusations of sexual misconduct violated the Confrontation Clause and was not harmless error.
• Shedrick Antwan Russell v. State
  28 So. 3d 226· Fla. 2d DCA· 2010-02-26
  The court held that the trial court erred in summarily denying a petition for writ of habeas corpus without reaching the merits.
• Wardell Brown v. State
  28 So. 3d 120· Fla. 2d DCA· 2010-01-29
  The court held that a motion to correct an illegal sentence is not the proper vehicle to challenge the forfeiture of gain time or the legality of a sentence where credit for time served was granted in a subsequent proceeding.
• Jensen v. Jensen
  21 So. 3d 150· Fla. 5th DCA· 2009-11-06 ·via Habeas Corpus Relief
  Florida appellate court granted habeas corpus relief and ordered release of petitioner held in direct criminal contempt, finding the trial court violated procedural requirements and lacked sufficient evidentiary basis for the contempt finding.
• Borroto v. State
  19 So. 3d 411· Fla. 5th DCA· 2009-09-11 ·via Habeas Corpus Relief
  The court affirmed dismissal of a habeas corpus petition because it raised claims of ineffective assistance of counsel that must be pursued through Rule 3.850 motions, not habeas proceedings, and included procedurally barred issues that should have been raised on direct appeal.
• McCree v. Sec'y, Dep't of Corr.
  663 F. Supp. 2d 1316· M.D. Fla.· 2009-09-10 ·via Habeas Corpus Relief
  The court held that the petitioner's trial counsel rendered ineffective assistance by failing to request an independent act jury instruction, which was supported by the evidence and crucial for the defense.
• Meldon Rich v. State
  21 So. 3d 842· Fla. 1st DCA· 2009-09-10
  Meldon Rich, serving life sentences for first-degree felony murder and sexual battery, appealed the denial of his emergency habeas corpus petition claiming he was convicted of a non-existent crime because the victim was allegedly dead when the sexual battery occurred. The appella
• Burke v. State
  18 So. 3d 652· Fla. 3d DCA· 2009-09-02
  Andre Burke appeals the denial of his habeas corpus petition claiming manifest injustice based on sentencing misadvice. The court affirmed the denial, finding that Burke was properly advised of the actual sentence (life without parole) before trial and chose to proceed anyway.
• Cassidy v. State
  18 So. 3d 620· Fla. 5th DCA· 2009-07-31
  Cassidy appealed the trial court's denial of his petition for writ of habeas corpus to file a belated post-conviction relief motion, claiming he had retained Attorney Edmund to file a Rule 3.850 motion but Edmund failed to do so. The court affirmed the denial, finding credible ev
• Smith v. State
  11 So. 3d 473· Fla. 5th DCA· 2009-06-26
  Florida appellate court reversed denial of habeas corpus petition and remanded for trial court to address merits of jurisdictional challenge to statewide prosecutor rather than dismissing on procedural grounds.
• Marsh v. State
  14 So. 3d 1214· Fla. 3d DCA· 2009-06-24
  Aaron Marsh petitioned for writs of prohibition and habeas corpus challenging his civil commitment under Florida's Jimmy Ryce Act, arguing he was not in lawful custody when the State initiated the commitment process. The court denied the petition, holding that Marsh was lawfully
• B.K. v. State
  14 So. 3d 1109· Fla. 1st DCA· 2009-06-12
  B.K. appeals the denial of his habeas corpus petition challenging a permanency order in a child custody case. The court found that B.K. was denied due process by not receiving notice of the November 2006 hearing and not being present or represented by counsel, and reversed the tr
• A.M. v. State
  13 So. 3d 502· Fla. 3d DCA· 2009-06-04
  A juvenile petitioner sought habeas corpus relief from secure detention after being charged with aggravated assault with a firearm. The court found that the risk assessment instrument used to justify his detention was incorrectly scored and that the trial court failed to provide
• State of Del. v. Layton
  Del. Super. Ct.· 2009-04-28 ·via Federal Habeas Corpus
  The court denied the defendant's fourth motion for postconviction relief and request for appointment of counsel. The court found that the defendant's claims of actual innocence and ineffective assistance of counsel were barred by procedural rules, as the proffered evidence was no
• Evins v. State
  6 So. 3d 710· Fla. 4th DCA· 2009-04-08
  The court held that a petition containing knowingly false allegations cannot be amended to correct the falsehoods.
• Grace v. State
  3 So. 3d 1290· Fla. 4th DCA· 2009-03-30
• Jackson v. State of Fla. & Walter A. McNeil
  18 So. 3d 587· Fla. 1st DCA· 2009-03-13
  Two inmates petitioned for habeas corpus relief arguing they were not subject to state court jurisdiction and that their confinement constituted unconstitutional kidnapping. The court denied the petition on the merits and imposed sanctions on the lead petitioner for abusing the a
• Ferenc v. McNEIL
  8 So. 3d 397· Fla. 1st DCA· 2009-03-13
  The court held that the circuit court did not depart from the essential requirements of law by denying a habeas corpus petition based on a claim not raised in the petition or administratively exhausted.
• Sykes v. State
  6 So. 3d 1246· Fla. 1st DCA· 2009-03-03
  The court denied the petition for a writ of habeas corpus and imposed a sanction prohibiting the petitioner from filing further documents pro se.
• Hiram Cordones v. State
  997 So. 2d 496· Fla. 5th DCA· 2008-12-19
  Cordones was adjudicated not guilty by reason of insanity and placed on conditional release for one year. Six years later, after his conditional release had expired, the trial court ordered his arrest and detention based on an unsworn letter indicating he had lost contact with hi
• Olsen v. Fla. Parole Comm'n
  998 So. 2d 657· Fla. 3d DCA· 2008-12-17
  The Florida District Court of Appeal affirmed the circuit court's denial of Olsen's habeas corpus petition challenging parole revocation, holding that plenary appeal is unavailable after judicial review of quasi-judicial parole commission action and that Olsen received due proces
• Bell v. State
  997 So. 2d 1187· Fla. 3d DCA· 2008-12-17
  Alex T. Bell appealed the denial of his habeas corpus petition claiming ineffective assistance of counsel for waiving his right to dismiss a defective information. After the Third District Court of Appeal affirmed the trial court's denial in August 2008, Bell filed a second appea
• White v. State
  995 So. 2d 1172· Fla. 4th DCA· 2008-12-10
  Michael White petitioned for a writ of habeas corpus seeking additional jail credit for time served, claiming he was entitled to immediate release. The Fourth District Court of Appeal affirmed that White validly waived additional jail credit in his negotiated plea agreement and d
• A.L.M. v. Dep't OF Child. & Families & State of Fla.
  995 So. 2d 1085· Fla. 4th DCA· 2008-11-21 ·via Habeas Corpus Relief
  A.L.M., a juvenile found incompetent to proceed in delinquency cases, challenged orders committing him to secure placement with the Department of Children and Families. The appellate court reversed, finding that the trial court's orders lacked the requisite clear and convincing e