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

• Brinson v. State
  995 So. 2d 1047· Fla. 2d DCA· 2008-11-14
  A prior conviction for battery on a law enforcement officer cannot be used as a qualifying offense for a violent career criminal sentence if its statutory elements do not include the use or threat of physical force or violence.
• R.A.P. v. Parkins
  994 So. 2d 414· Fla. 1st DCA· 2008-10-22
  A juvenile detained in secure custody for violating probation conditions without committing a new crime petitioned for habeas corpus relief. The court held that secure detention is not authorized under Florida law when the alleged probation violation does not constitute a new off
• Carter v. State
  2 So. 3d 320· Fla. 3d DCA· 2008-10-15
  The court affirmed the trial court's order granting sanctions and issued an order to show cause why the defendant should not be prohibited from filing further pro se pleadings.
• Deandrea S. Thomas v. McNEIL
  990 So. 2d 1222· Fla. 1st DCA· 2008-09-22
  The court granted certiorari and quashed a habeas corpus dismissal order because the trial court lacked jurisdiction when the petitioner was never incarcerated in the county where the case was heard.
• S.W. v. State
  987 So. 2d 173· Fla. 4th DCA· 2008-07-16
  A minor, S.W., petitioned for habeas corpus relief from secure detention pending placement in a high-risk residential program. The court granted the petition because S.W.'s risk assessment score did not meet the threshold for secure detention and the trial court failed to provide
• In re Amendments TO Fla. Rule OF Juv. Procedure 8.100
  985 So. 2d 534· Fla.· 2008-06-26
  The Florida Supreme Court adopted a proposed amendment to Florida Rule of Juvenile Procedure 8.100(e) to allow parties and their attorneys to obtain transcripts of court proceedings in juvenile delinquency cases without requiring a court order. This change was implemented to faci
• Miller v. State
  985 So. 2d 1152· Fla. 3d DCA· 2008-06-18
  Miller sought habeas corpus relief claiming his appellate counsel was ineffective for failing to raise a sufficiency of the evidence argument on direct appeal regarding the items stolen and their value in a burglary and grand theft case. The court denied the petition, finding amp
• Peterson v. Fla. Parole Comm'n
  982 So. 2d 1226· Fla. 1st DCA· 2008-05-27
  The court granted certiorari and quashed the circuit court's order affirming parole revocation because the Parole Commission's revocation order failed to contain a finding that the petitioner's actions constituted a willful violation of a substantial condition of supervision.
• Brown v. McNeil
  591 F. Supp. 2d 1245· M.D. Fla.· 2008-05-14
  The court held that the Florida Parole Commission did not abuse its discretion in revoking Petitioner's conditional release supervision, as it accepted the hearing examiner's findings of guilt and acted within its statutory authority.
• Hogan v. State
  984 So. 2d 546· Fla. 5th DCA· 2008-05-02
  The Florida Fifth District Court of Appeal affirmed its order prohibiting Michael L. Hogan, a death-row inmate, from filing any further appeals, petitions, pleadings, or motions related to his 1987 first-degree murder conviction without attorney review and signature. The court to
• Marlin Leon Wiggins v. State
  981 So. 2d 554· Fla. 2d DCA· 2008-05-02
  Marlin Leon Wiggins petitioned for a writ of prohibition challenging a trial court's order granting the State's motion to extend the speedy trial period. The Florida Second District Court of Appeal affirmed the trial court's decision, holding that the court did not abuse its disc
• Yearby v. Fla. Parole Comm'n
  980 So. 2d 592· Fla. 4th DCA· 2008-04-30
  The court denied the petition for writ of certiorari, finding the circuit court's order denying habeas corpus was not a departure from the essential requirements of law.
• Stallings v. Ryan
  979 So. 2d 1167· Fla. 3d DCA· 2008-04-23
  David Stallings petitioned for habeas corpus challenging his detention without bond on charges of sexual battery alleged to have occurred between 1974 and 1985. The appellate court granted the petition, finding the State failed to meet its burden of proving guilt was evident or t
• Dante v. Ryan
  979 So. 2d 1122· Fla. 3d DCA· 2008-04-09
  William Dante, an inmate, petitioned for a writ of mandamus to compel the Miami-Dade County Department of Corrections to provide annual teeth cleaning and fillings. The Florida Third District Court of Appeal denied the petition because Dante failed to exhaust available administra
• C.A.F. v. State
  976 So. 2d 629· Fla. 5th DCA· 2008-03-07 ·via Habeas Corpus Review
  A juvenile court issued a "release order" with conditions including a dusk-to-dawn curfew, obedience to household and school rules, and mandatory study requirements. The Florida Fifth District Court of Appeal held that the court lacked statutory authority to impose such condition
• Lindsey v. State
  974 So. 2d 1131· Fla. 3d DCA· 2008-02-06 ·via Habeas Corpus Relief
  Defendant's petition for habeas corpus based on ineffective assistance of appellate counsel for failing to raise a speedy trial violation is denied because defendant waived his speedy trial right by requesting a defense continuance.
• Sando v. State of Fla. & Al Lamberti
  972 So. 2d 271· Fla. 4th DCA· 2008-01-10
  Victoria Sando petitioned for habeas corpus challenging her incarceration for violation of a domestic violence injunction. The court granted the petition, finding that Sando was denied due process because the trial court imposed a criminal contempt sanction without following crim
• Culpepper v. State
  971 So. 2d 259· Fla. 2d DCA· 2008-01-04 ·via Federal Habeas Corpus
  The court held that the defendant's motion for post-conviction relief was untimely and that case law does not currently support his legal theory that a life sentence without parole for a juvenile offender constitutes cruel and unusual punishment.
• Zayed Eid Bakheet Almazrouei v. State
  971 So. 2d 185· Fla. 5th DCA· 2007-12-28
  A Florida appellate court granted habeas corpus relief and remanded for bond reconsideration after the trial court denied bond without following statutory procedures. The court held that because the charged crimes did not constitute "dangerous crimes" under Florida law and the St
• Jackson v. Fla. Parole Comm'n
  970 So. 2d 881· Fla. 1st DCA· 2007-12-17
  The court granted certiorari and quashed the circuit court's order because the Parole Commission failed to make a required finding that the petitioner's violation was willful and substantial before revoking conditional release.
• Vasquez v. McDONOUGH
  970 So. 2d 473· Fla. 4th DCA· 2007-12-12
  Luis Orlando Vasquez petitioned for a writ of habeas corpus claiming his 2002 guilty plea should be vacated because trial counsel failed to file a motion to suppress his statements to law enforcement. The Florida Fourth District Court of Appeal denied the petition, finding it lac
• Williamson v. State
  969 So. 2d 1160· Fla. 1st DCA· 2007-11-26
• Othlone Russ v. State
  971 So. 2d 851· Fla. 3d DCA· 2007-10-31 ·via Habeas Corpus Relief
  Russ seeks habeas corpus relief claiming appellate counsel was ineffective for failing to raise a jury instruction error regarding sexual battery charges. The court denies relief, holding that the instruction error was not fundamental because the record shows the jury convicted b
• Lenoir v. State
  971 So. 2d 817· Fla. 3d DCA· 2007-10-03
  Dale Lee Lenoir appealed the denial of a habeas corpus petition seeking a belated appeal of his 1992 convictions for attempted second-degree murder and unlawful firearm possession. The court affirmed the denial, holding that Lenoir was barred from seeking a belated appeal because
• Adams v. State of Fla. & Ric L. Bradshaw
  965 So. 2d 364· Fla. 4th DCA· 2007-09-28
  The trial court erred in denying bond solely based on a violation of pretrial release conditions in a prior case.
• Danton Patrick v. State of Fla. & Ric L. Bradshaw
  964 So. 2d 279· Fla. 4th DCA· 2007-09-21
  A trial court cannot sua sponte increase a defendant's bond, and any modification requires notice to the defendant.
• M.A. v. State of Fla. & Ric Bradshaw
  964 So. 2d 831· Fla. 4th DCA· 2007-09-19
  M.A., a juvenile on probation, petitioned for a writ of habeas corpus to challenge an order of home detention with electronic monitoring imposed after a contempt adjudication. The court granted the petition, holding that the trial court erred by proceeding with a violation of pro
• Francis v. State
  963 So. 2d 301· Fla. 1st DCA· 2007-08-10
  The appellate court denied a petition for a writ of habeas corpus, treating it as a petition for writ of certiorari. The court found it lacked jurisdiction for habeas corpus because the petitioner was detained in another state. The court also affirmed the lower court's revocation
• C.W. v. Currie
  962 So. 2d 976· Fla. 1st DCA· 2007-07-31
• C.T.B. v. State
  962 So. 2d 373· Fla. 5th DCA· 2007-07-25
• McCLOUD v. State
  970 So. 2d 348· Fla. 3d DCA· 2007-07-18
  Florida appellate court denied habeas corpus petition where inmate had not completed concurrent sentences imposed in March 2006 and must exhaust administrative remedies with the Department of Corrections regarding gain-time issues.
• Cannon v. McDONOUGH
  959 So. 2d 432· Fla. 3d DCA· 2007-06-27
  The appellate court reversed the trial court's summary denial of habeas corpus relief regarding jail credit for time served on re-sentencing, finding the record insufficient to determine whether the defendant received proper credit.
• Amos Ragan v. McDONOUGH
  958 So. 2d 1148· Fla. 4th DCA· 2007-06-27
  Appellant Ragan challenged the denial of his habeas corpus petition attacking a 2002 parole revocation, arguing the circuit court prematurely ruled without giving him an opportunity to file a reply. The Fourth District reversed and remanded because the circuit court failed to fol
• In re Extradition of Batchelder
  494 F. Supp. 2d 1302· N.D. Fla.· 2007-06-25 ·via Habeas Corpus Review
  The court certified to the Secretary of State that there was sufficient evidence to sustain the three Canadian charges against the defendant, warranting extradition.
• Ackerman v. State
  958 So. 2d 450· Fla. 2d DCA· 2007-05-04
  Bernard Ackerman appeals the summary denial of his motion for postconviction DNA testing under Florida Rule of Criminal Procedure 3.858 and an order prohibiting him from filing further pro se postconviction challenges. The appellate court reversed, finding that while DNA evidence
• Fenton v. State
  960 So. 2d 12· Fla. 4th DCA· 2007-04-27
• Bynum v. Ryan
  954 So. 2d 1225· Fla. 3d DCA· 2007-04-18
  The court held that a defendant cannot violate pretrial release conditions if they were never booked or given a release order, thus the trial court lacked authority to hold them without bond.
• Johnson v. Moore
  493 F. Supp. 2d 1236· M.D. Fla.· 2007-03-30 ·via Federal Habeas Corpus
  The court held that the motion to alter or amend the judgment should be denied, as the prior order correctly applied the harmless error standard and properly addressed the sufficiency of the evidence proffer.
• Johnson v. McDonough
  480 F. Supp. 2d 1309· S.D. Fla.· 2007-03-29 ·via Federal Habeas Corpus
  The court held that the federal habeas corpus petition was untimely filed, as it was filed more than one year after the petitioner's conviction became final, and the tolling provisions did not apply.
• Johnson v. McDonough
  480 F. Supp. 2d 1314· S.D. Fla.· 2007-03-29 ·via Federal Habeas Corpus
  The court held that the petitioner's federal habeas petition was untimely because it was filed more than one year after his conviction and sentence became final, and the tolling provisions did not apply.
• Mobley v. Fla. Parole Comm'n
  949 So. 2d 372· Fla. 2d DCA· 2007-03-02
  Mobley, a parolee with two consecutive 99-year sentences, sought habeas corpus relief after his parole was revoked for leaving his assigned county without permission. The court denied his petition for certiorari, finding no grounds for relief under applicable parole revocation st
• Rudd v. State
  948 So. 2d 1040· Fla. 5th DCA· 2007-02-23
• Rivera v. State
  949 So. 2d 324· Fla. 3d DCA· 2007-02-21
  Florida appellate court reversed summary denial of habeas corpus petition for lack of record attachments, finding defendant may be entitled to additional credit for time served that could result in immediate release or sentence completion.
• A.M. v. Housel
  948 So. 2d 993· Fla. 4th DCA· 2007-02-21 ·via Habeas Corpus Relief
  A child detained in juvenile custody sought habeas corpus relief challenging his continued detention past his 19th birthday. The Florida appellate court granted the petition, holding that the trial court's jurisdiction automatically terminated when the child reached age 19 and th
• R.C. v. Juv. Court Judges OF the Fifteenth Jud. Cir.
  942 So. 2d 1007· Fla. 4th DCA· 2006-12-01
• Douse v. Ric L. Bradshaw
  938 So. 2d 579· Fla. 4th DCA· 2006-09-20
• Durie v. State
  935 So. 2d 1284· Fla. 5th DCA· 2006-08-25
• Hakam Sueliman v. Jenne
  935 So. 2d 120· Fla. 4th DCA· 2006-08-09
  The court held that the trial court abused its discretion by sua sponte increasing the petitioner's bond without notice and that the bond set for attempted armed robbery was unreasonable.
• Reyes v. Fla. Parole Comm'n
  935 So. 2d 594· Fla. 1st DCA· 2006-08-08
  Florida appellate court granted certiorari and quashed summary denial of habeas petition challenging parole revocation, holding that alleged deprivations of counsel, evidence access, and cross-examination required issuance of order to show cause before adjudication on the merits.
• Poplawski v. State
  933 So. 2d 1268· Fla. 5th DCA· 2006-07-28
  The court denied the petition for a belated appeal and writ of habeas corpus.