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

• Barron v. Moore
  754 So. 2d 893· Fla. 1st DCA· 2000-04-20
  Michael Barron appealed the dismissal of his habeas corpus petition challenging the Department of Corrections' deduction of gain time. The court reversed and remanded, finding that Barron's habeas petition raised a different issue than his earlier mandamus petition and thus was n
• Thomas v. Jenne
  766 So. 2d 320· Fla. 4th DCA· 2000-03-29
  The appellate court denied the petition for writ of habeas corpus seeking to quash the trial court's order denying bond.
• Lopez-Morgan v. Reno
  1992 WL 64603· S.D. Fla.· 2000-03-23
  The court held that it has subject matter jurisdiction to hear the habeas corpus petition and that the AEDPA was improperly applied retroactively to the petitioner's waiver application.
• Smith v. State
  752 So. 2d 1280· Fla. 1st DCA· 2000-03-17
• Desmond Newkirk v. Jenne
  754 So. 2d 61· Fla. 4th DCA· 2000-03-01
  The Florida Fourth District Court of Appeal granted a writ of habeas corpus for Desmond Newkirk, who was held in custody without a valid probation violation warrant or affidavit. The court clarified that circuit courts have concurrent jurisdiction to grant habeas relief in their
• Nevadomski v. Jenne
  756 So. 2d 117· Fla. 4th DCA· 2000-01-14
  The appellate court granted a petition for writ of habeas corpus, finding that a judge improperly revoked a defendant's bond. The court held that new information presented to the second judge did not warrant revocation because the information was already known to the initial judg
• V.P. As Father of T.P. v. Dep't OF Child. & Families
  746 So. 2d 590· Fla. 5th DCA· 1999-12-23 ·via Habeas Corpus Relief
  The court affirmed an order awarding supplemental benefits to an employee who suffered a work-related permanent total disability, rejecting the employer's contention that benefits should be capped at the employee's average weekly wage at the time of the accident.
• James v. State
  747 So. 2d 461· Fla. 2d DCA· 1999-12-22
  In an Anders appeal, the Second District affirmed the trial court's denial of James's Rule 3.850 post-conviction motion. The court declined to address James's claim of ineffective assistance of post-conviction counsel because it was not first presented to the trial court, but per
• Palmer Williamson v. Moore
  745 So. 2d 529· Fla. 1st DCA· 1999-12-08
• Bower v. Fla. Parole Comm'n
  744 So. 2d 1267· Fla. 3d DCA· 1999-12-08
• Phillips v. State
  745 So. 2d 417· Fla. 1st DCA· 1999-10-29
• Adolphus S. Ashley v. Moore
  742 So. 2d 533· Fla. 1st DCA· 1999-10-20
  Adolphus Ashley challenged the trial court's denial of his habeas corpus petition by appealing to the appellate court, which converted the appeal to a certiorari petition. The court dismissed the petition for lack of jurisdiction because Ashley failed to timely serve his motion f
• Lowery v. Broward Cnty. Sheriff
  742 So. 2d 389· Fla. 4th DCA· 1999-08-25
• Bruno v. Moore
  741 So. 2d 570· Fla. 1st DCA· 1999-08-20
  Keith Bruno challenges the parole commission's revocation of his control release while he remained under concurrent community control supervision. The court holds that the parole commission violated statutory requirements by revoking control release before the community control t
• Lapushinsky v. Campbell
  738 So. 2d 514· Fla. 1st DCA· 1999-08-17
• Pinto v. State
  737 So. 2d 1239· Fla. 5th DCA· 1999-08-06
• Hill v. State
  739 So. 2d 634· Fla. 4th DCA· 1999-07-07
  Angela Hill, detained on a violation of probation charge since June 1, 1999 without a first appearance or bond hearing, petitioned for a writ of habeas corpus. The Florida Fourth District Court of Appeal granted the petition, holding that statutory and procedural requirements for
• Abdul M. Bilal v. State
  732 So. 2d 1210· Fla. 1st DCA· 1999-06-02
  The court held that the petitioner is not entitled to a belated appeal because he did not instruct his attorney to file one.
• Steele v. State
  733 So. 2d 1117· Fla. 4th DCA· 1999-05-26
  The court affirmed the denial of appellant's motion for credit for time served because the 1996 sentencing order properly directed the Department of Corrections to award such credit, and the appellant may pursue mandamus relief after exhausting administrative remedies.
• Blackwelder v. Vedder
  734 So. 2d 523· Fla. 5th DCA· 1999-05-21
  Benjamin Blackwelder challenged his civil contempt incarceration for nonpayment of alimony, arguing he lacked the present ability to pay the purge amount. The court granted his habeas corpus petition, finding the trial court erred in ordering his jail commitment because he met hi
• Strange v. State
  732 So. 2d 1117· Fla. 5th DCA· 1999-02-19
• Raulerson v. State
  724 So. 2d 641· Fla. 4th DCA· 1999-01-06
  A defendant's conviction was affirmed by one panel of the appellate court, but a co-defendant's nearly identical conviction was reversed by a different panel on the same legal issue due to court administrative error. The court granted the defendant's petition for habeas corpus an
• Smith v. State
  720 So. 2d 577· Fla. 5th DCA· 1998-10-09
• Toole v. State
  717 So. 2d 183· Fla. 1st DCA· 1998-09-17
• Maguna-Celaya v. Haro
  19 F. Supp. 2d 1337· S.D. Fla.· 1998-08-28
  The court held that the magistrate erred in certifying extradition because the evidence of torture and coerced statements, which obliterated probable cause, should have been fully considered.
• In the Interest of A.W. v. State
  718 So. 2d 236· Fla. 2d DCA· 1998-08-21
  Maternal grandparents challenged the Broward County circuit court's jurisdiction over a dependency proceeding, arguing that Polk County retained exclusive jurisdiction after initially granting them custody in a suspended adoption case. The appellate court denied writs of prohibit
• LeBLANC v. State
  713 So. 2d 1064· Fla. 1st DCA· 1998-07-09
  Court grants mandamus relief to compel trial court to issue final disposition on defendant's motion to correct illegal sentence after trial court issued only a preliminary order.
• Noel v. United States
  1998 WL 414016· M.D. Fla.· 1998-07-06 ·via Habeas Corpus Relief
  The court held that the Magistrate Judge had jurisdiction, the offense was within the treaty, there was evidence warranting probable cause, the extradition statute is constitutional, the Magistrate Judge had authority to preside, and recusal was not warranted.
• Haye v. State
  713 So. 2d 1061· Fla. 5th DCA· 1998-07-02
  Howard Haye petitioned for a writ of habeas corpus to file a belated appeal, claiming his appellate counsel was ineffective for failing to raise certain trial errors on direct appeal. The Florida District Court of Appeal denied the petition, holding that Haye's ineffective assist
• Blount v. Singletary
  711 So. 2d 645· Fla. 1st DCA· 1998-06-22
• D.M., Sr. v. Glover
  711 So. 2d 259· Fla. 1st DCA· 1998-06-04
  Habeas corpus petition granted because trial court failed to make a finding of present ability to pay before imposing consecutive jail terms for civil contempt.
• Cole v. State
  714 So. 2d 479· Fla. 2d DCA· 1998-06-01
  Steven Cole was convicted of indirect criminal contempt for violating a court order for involuntary substance abuse treatment under the Marchman Act. The Florida Second District Court of Appeal quashed his conviction and sentence, finding the treatment order void for lack of subj
• Berthold v. State
  709 So. 2d 207· Fla. 5th DCA· 1998-05-15
• E.P.H., Jr. v. Wright
  708 So. 2d 673· Fla. 4th DCA· 1998-04-08
• Sonny M. Steel v. Jenne
  710 So. 2d 993· Fla. 4th DCA· 1998-03-27
• Steele v. Kehoe
  724 So. 2d 1192· Fla. 5th DCA· 1998-03-20
  This case concerns whether a convicted criminal may sue their privately retained lawyer for malpractice when the lawyer agrees to file a timely motion for collateral relief but fails to do so.
• Walker v. State
  707 So. 2d 1179· Fla. 5th DCA· 1998-03-20
  Walker petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise on appeal that the trial court erred in clearing the courtroom during minor victims' testimony in his sexual battery case. The court denied the petition, holding that
• S.J.J. v. Gnat
  707 So. 2d 393· Fla. 1st DCA· 1998-02-27
  Juvenile charged with second-degree felony drug possession near school qualifies for release from detention because he lacks prior criminal record and does not meet statutory criteria for pre-adjudication detention under Florida law.
• Beene v. Singletary
  706 So. 2d 125· Fla. 1st DCA· 1998-02-26
• Richardson v. Reno
  994 F. Supp. 1466· S.D. Fla.· 1998-02-13
  The court held that it has jurisdiction to review the denial of a bond hearing for a lawful permanent resident and that the 'arriving alien' designation, as interpreted by the BIA, does not apply to him.
• Brunskill v. State
  704 So. 2d 211· Fla. 5th DCA· 1998-01-16
  Brunskill, a death row inmate convicted in 1986 of first-degree murder, kidnapping, and false imprisonment, sought a writ of mandamus or habeas corpus to compel disclosure of state attorney files and other records. The appellate court denied the petition without prejudice, findin
• Hill v. Fla. Dep't OF Corr.
  703 So. 2d 1211· Fla. 1st DCA· 1997-12-31
• Samuels v. State
  701 So. 2d 916· Fla. 4th DCA· 1997-12-03
• Kalvin Denny v. Singletary
  697 So. 2d 1309· Fla. 4th DCA· 1997-08-20
• Efrim Chappell v. State
  696 So. 2d 1366· Fla. 5th DCA· 1997-07-25
  The court held that a commissioner should be appointed to resolve the factual dispute regarding whether the petitioner requested his trial counsel to file an appeal.
• Leath v. State
  694 So. 2d 855· Fla. 4th DCA· 1997-06-04 ·via Habeas Corpus Relief
  Willie Leath appealed an order denying his post-conviction motion for leave to file a belated appeal from his community control revocation and prison sentence. The court granted the state's motion for rehearing, withdrew its prior opinion, and remanded for an evidentiary hearing
• C.H. v. The Honorable Robert Makemson & Robert Peterson
  692 So. 2d 302· Fla. 4th DCA· 1997-04-30
  The court held that the trial court exceeded its statutory authority by ordering ten days of secure detention for a subsequent violation of home detention conditions.
• In the Interest of K.K. v. Taylor
  703 So. 2d 1064· Fla. 2d DCA· 1997-02-05
  The court held that a juvenile cannot be held in secure detention pending a dispositional hearing based solely on a provision in a risk assessment instrument that governs pre-adjudicatory detention, absent new evidence or changed circumstances.
• Threadgill v. State
  683 So. 2d 171· Fla. 5th DCA· 1996-11-08
• Kidwell v. McCutcheon
  962 F. Supp. 1477· S.D. Fla.· 1996-10-30 ·via Habeas Corpus Relief
  The court held that the petitioner had set forth a colorable cause for invoking federal jurisdiction, granting habeas corpus relief due to uncertainty in state law and clarity in federal law regarding journalist privilege.