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

• Yeary v. Ric L. Bradshaw
  931 So. 2d 1060· Fla. 4th DCA· 2006-07-05
  A defendant petitioned for habeas corpus relief challenging a trial court's denial of bond at a first-appearance hearing. The Florida appellate court granted the writ because the trial court denied bond without filing a proper motion for pretrial detention, making required findin
• T.T. v. State
  932 So. 2d 614· Fla. 5th DCA· 2006-06-30
  A juvenile sought habeas corpus relief after being placed in secure detention for alleged indirect criminal contempt without a required 24-hour hearing. The appellate court granted the petition, finding the trial court violated Florida's statutory requirement to conduct the conte
• C.N.W. v. State
  932 So. 2d 615· Fla. 5th DCA· 2006-06-30
  A juvenile petitioned for habeas corpus challenging her secure detention based on a Risk Assessment Instrument (RAI) score. The court granted the petition, finding the trial court erred in scoring points on the RAI for absconding from home and remanded the case, ordering the tria
• D.L.W. v. State
  931 So. 2d 284· Fla. 5th DCA· 2006-06-23
  The court held that imposing consecutive five-day detention terms for a single violation of home detention was improper under the statute.
• Brandreth v. McRAY
  930 So. 2d 846· Fla. 3d DCA· 2006-06-14 ·via Habeas Corpus Relief
  Paul Brandreth, a federal prisoner temporarily in Florida state custody pending trial on murder and theft charges, sought habeas corpus relief after the trial court denied his request for a bond hearing. The court granted the petition, holding that Brandreth was entitled to an Ar
• T.P. v. State
  928 So. 2d 1240· Fla. 5th DCA· 2006-05-16
• T.D. v. Fla. Dep't OF Child. & Families
  930 So. 2d 611· Fla.· 2006-05-11
• Smith v. Allstate Ins. Co.
  925 So. 2d 474· Fla. 3d DCA· 2006-04-12
  The court held that the petitioner is a vexatious litigant and will not be permitted to file further petitions for writ of habeas corpus unless signed by a Florida Bar member.
• Cary McCORD v. State
  923 So. 2d 1289· Fla. 5th DCA· 2006-03-31
• Carswell v. Fla. Parole Comm'n
  924 So. 2d 907· Fla. 1st DCA· 2006-03-23
  The court granted certiorari and remanded because the circuit court failed to follow the appellate mandate requiring the Parole Commission to demonstrate it would have revoked petitioner's conditional release solely on condition 2(c) violation, and the Commission was estopped fro
• V.D. v. Dep't OF Juv. Just.
  921 So. 2d 714· Fla. 1st DCA· 2006-02-13
  A juvenile charged with aggravated assault with a deadly weapon petitioned for habeas corpus challenging his secure detention pending adjudication. The court affirmed the detention, holding that the Risk Assessment Instrument properly included aggravating factor points based on t
• Robbins v. State
  915 So. 2d 232· Fla. 3d DCA· 2005-11-23
  Andre Robbins petitioned for a writ of habeas corpus challenging his habitual offender sentence as illegal because it was based on non-sequentially sentenced prior offenses. The Florida District Court of Appeal dismissed the petition on both procedural grounds and on the merits,
• Gooch v. State
  913 So. 2d 1273· Fla. 3d DCA· 2005-11-16
• Palazon v. Crosby
  913 So. 2d 741· Fla. 4th DCA· 2005-11-02
  Osvaldo Palazon petitioned for a writ of certiorari to challenge the revocation of his conditional release by the Florida Parole Commission based on a purported waiver of his right to a hearing that was signed only by his attorney, not by Palazon himself. The court held that an a
• Johnson v. Sheriff Ken Jenne & State of Fla.
  913 So. 2d 740· Fla. 4th DCA· 2005-11-02
  The trial court erred by denying a bond motion without making required findings regarding willfulness of failure to appear and reasonable bond conditions.
• White v. Fla. Parole Comm'n
  911 So. 2d 884· Fla. 1st DCA· 2005-09-28
• Doak v. State
  911 So. 2d 205· Fla. 3d DCA· 2005-09-21
  The Third District Court of Appeal affirmed the trial court's summary denial of a habeas corpus petition on jurisdictional grounds, holding that the petition should have been filed in the Sixth Judicial Circuit where the conviction occurred, without reaching the merits of Doak's
• Colon v. Ric L. Bradshaw
  910 So. 2d 352· Fla. 4th DCA· 2005-09-14
  Jose Antonio Colon petitioned for a writ of habeas corpus after being held without bond following his failure to appear at an arraignment. The court granted the petition, finding that the trial court erred by issuing a no-bond capias when administrative order required an own reco
• Raynard Wilder v. State
  909 So. 2d 536· Fla. 1st DCA· 2005-08-31
• Baumgardner v. Vercillo
  909 So. 2d 514· Fla. 5th DCA· 2005-08-26
  The petition for writ of certiorari or habeas corpus is denied because the trial court's order was not a final determination of custody and the father has other avenues for relief.
• Presley v. Fla. Parole Comm'n & Fla. Dep't of Corr.
  904 So. 2d 573· Fla. 1st DCA· 2005-06-13
• Wells v. State
  899 So. 2d 506· Fla. 5th DCA· 2005-04-22
• McKNIGHT v. State
  896 So. 2d 973· Fla. 5th DCA· 2005-04-01
• Nowling v. State
  895 So. 2d 1273· Fla. 1st DCA· 2005-03-11
• Darrow Bethel v. The State of Fla. & Charles McCray
  898 So. 2d 176· Fla. 3d DCA· 2005-03-10
  The court held that the notation 'PN/IA' on the appearance bond, meaning Promissory Note/Indemnity Agreement, constituted acceptable collateral under Florida Statutes.
• Gray v. State
  891 So. 2d 640· Fla. 5th DCA· 2005-01-28
  Walter Gray petitions for habeas corpus to vacate his cocaine sales conviction, arguing that Howard Academy was not a qualifying "school" under Florida's enhanced penalty statute. The Fifth District Court of Appeal denies the petition, finding it meritless and imposing a restrict
• Mullin v. Jenne
  890 So. 2d 543· Fla. 4th DCA· 2005-01-12
  Brooke Mullin petitioned for habeas corpus after a drug court judge ordered her into a custodial treatment program within a pretrial drug court despite her desire to opt out. The court held that while voluntary participation language in the administrative order creates a right to
• M.A. v. State
  890 So. 2d 1190· Fla. 4th DCA· 2005-01-05
  The court held that the trial court properly extended a juvenile's detention period by nine days for a newly-ripened felony murder charge, as the circumstances constituted good cause under the statute.
• C. S. v. Jacoby
  893 So. 2d 591· Fla. 4th DCA· 2004-12-17
  The court held that the petitioner's detention was not unlawfully extended by stacking detention periods, as the periods were not consecutive.
• S.B. v. State
  884 So. 2d 473· Fla. 4th DCA· 2004-10-06
  A trial judge denied early release from indefinite juvenile detention for a 16-year-old committed for accessory after the fact and attempted murder, despite a positive recommendation from the Department of Juvenile Justice. The appellate court upheld the denial, holding that a ju
• Hamilton v. Bieluch
  884 So. 2d 444· Fla. 4th DCA· 2004-10-01
  Herbert Hamilton seeks habeas corpus relief from a trial court's denial of bond. The Fourth District Court of Appeal holds that where a defendant is not charged with a capital or life felony, the trial court must consider whether reasonable conditions of release can protect the c
• Jenkins v. State
  882 So. 2d 1049· Fla. 5th DCA· 2004-08-20
  Larry Jenkins appealed the denial of his habeas corpus petition challenging his aggravated battery conviction based on alleged victim misidentification. The court affirmed, holding that Jenkins should have raised this argument on direct appeal or in a post-conviction motion under
• Jackson v. State
  877 So. 2d 944· Fla. 4th DCA· 2004-07-28
• Lewis v. State
  880 So. 2d 791· Fla. 5th DCA· 2004-07-16
  The court affirmed the summary denial of post-conviction relief because the appellant's claim of ineffective appellate counsel was procedurally improper and lacked merit.
• Stanley v. State
  875 So. 2d 796· Fla. 2d DCA· 2004-06-25
• Freeze v. State
  875 So. 2d 731· Fla. 2d DCA· 2004-06-11
• Lewis v. State
  874 So. 2d 728· Fla. 3d DCA· 2004-06-09
  The court held that the defendant's petition for a writ of habeas corpus, in substance a petition for belated appeal, should be denied.
• Branch v. State
  874 So. 2d 708· Fla. 2d DCA· 2004-06-02
• McClellan v. State
  872 So. 2d 420· Fla. 4th DCA· 2004-05-07
  McClellan petitioned for a writ of habeas corpus challenging his pretrial detention on charges of leaving the scene of an accident with serious injury and death. The Fourth District Court of Appeal granted the petition, finding that the trial court improperly ordered pretrial det
• Bermudez v. State
  870 So. 2d 875· Fla. 3d DCA· 2004-03-03
  Bermudez appealed the denial of a habeas corpus petition challenging his DUI/Manslaughter conviction on Fourth Amendment grounds and ineffective assistance of counsel. The Third District Court of Appeal affirmed the denial, holding that Bermudez's claims were time-barred as they
• Young v. Shoap
  862 So. 2d 904· Fla. 2d DCA· 2003-12-22
• Elvis Hartley v. State
  860 So. 2d 1063· Fla. 5th DCA· 2003-12-05
• Diresta v. State
  860 So. 2d 1052· Fla. 5th DCA· 2003-12-05
  A defendant is entitled to a belated appeal when prison mail logs confirm non-receipt of the order denying post-conviction relief. However, a motion to amend a post-conviction motion filed more than two years after the mandate is untimely.
• Johnson v. Fla. Parole Comm'n
  860 So. 2d 504· Fla. 1st DCA· 2003-11-26
• Howard v. Fla. Parole Comm'n
  855 So. 2d 245· Fla. 1st DCA· 2003-09-26
  Sidney Howard sought certiorari review of a circuit court's denial of his habeas corpus petition challenging the revocation of his conditional release supervision based on a positive marijuana test. The court granted the petition, finding that Howard's drug use occurred before he
• Burnam v. State
  854 So. 2d 838· Fla. 5th DCA· 2003-09-19
  The court held that the initial probable cause hearing judge must either find probable cause, find no probable cause, or continue the hearing for a limited time, and that a subsequent finding of probable cause without new information was improper.
• Kinsey v. State
  854 So. 2d 830· Fla. 5th DCA· 2003-09-19
  James Kinsey, convicted of first-degree murder in 1990 and sentenced to life imprisonment with a 25-year minimum mandatory term, sought to file additional pro se appeals and collateral attacks on his conviction. The court imposed restrictions on his future pro se filings, finding
• Renwick Keel v. Fla. Parole Comm'n
  849 So. 2d 1138· Fla. 1st DCA· 2003-07-17
• Goebel v. State
  848 So. 2d 479· Fla. 5th DCA· 2003-07-03
  Eric Goebel seeks a writ of habeas corpus challenging the effectiveness of his appellate counsel who failed to file an answer brief in an interlocutory appeal of a suppression order. The court holds that Goebel may be entitled to a belated appeal, but only after withdrawing his g
• Williams v. State
  848 So. 2d 432· Fla. 2d DCA· 2003-07-02