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

• T.B. v. Wright
  679 So. 2d 82· Fla. 4th DCA· 1996-09-12
  A juvenile petitioner challenges her detention beyond the statutory 21-day limit prior to adjudication on burglary charges. The court granted the habeas corpus petition, holding that prior criminal record and perceived danger to the community do not constitute 'good cause' under
• S.W. v. Woolsey
  673 So. 2d 152· Fla. 1st DCA· 1996-05-14 ·via Habeas Corpus Review
  A juvenile charged with battery on a school board employee was found delinquent and placed in secure detention pending disposition. The court held that the trial court improperly relied on the finding of delinquency as a 'changed circumstance' to increase the Risk Assessment Inst
• Morgan v. Singletary
  669 So. 2d 1126· Fla. 4th DCA· 1996-03-20
• T.O. v. Alachua Reg'l Juv. Detention Ctr.
  668 So. 2d 243· Fla. 1st DCA· 1996-02-15
  The court held that it had jurisdiction to grant a writ of habeas corpus for a juvenile detained beyond the statutory limit, even though the detention order originated from a different circuit, because the detaining party was within its territorial jurisdiction.
• Ashley v. Singletary
  666 So. 2d 186· Fla. 1st DCA· 1995-12-18
  James D. Ashley appealed the denial of his habeas corpus/mandamus petition challenging the Department of Corrections' structuring of his multiple sentences. The court reversed and remanded for reconsideration in light of the intervening Orosz v. Singletary decision, which affecte
• Friedland v. State of Fla. Dep't OF Health & Rehabilitative Servs.
  661 So. 2d 1286· Fla. 4th DCA· 1995-11-01
  The Florida appellate court reversed the trial court's dismissal of a dependency petition and held that the trial court retained jurisdiction to enforce the dismissal order requiring the return of a child placed in shelter care. The decision establishes that courts have inherent
• T.A. v. Wimberly
  660 So. 2d 1130· Fla. 4th DCA· 1995-09-06
  T.A., a juvenile adjudicated delinquent for carrying a concealed firearm, challenges his immediate 5-day secure detention imposed under Florida Statutes section 790.22(9). The court holds that mandatory detention under this statute must be imposed at a formal disposition hearing
• Collins v. Honorable Bob Anderson Mitcham
  660 So. 2d 347· Fla. 2d DCA· 1995-09-01
  The court held that the trial court's denial of post-conviction relief was insufficient and that the petitioner should be granted a belated appeal.
• Louth v. Mariellen Williams
  657 So. 2d 1239· Fla. 2d DCA· 1995-07-07
  James Robert Louth challenges a trial court order awarding attorney's fees to his former wife, Mariellen Williams, for services rendered in defending a motion for rehearing. The court reverses the attorney's fee award, finding it was error to award fees when Williams was defendin
• Bruce v. State
  656 So. 2d 557· Fla. 5th DCA· 1995-06-18
  Gary Bruce challenges a contempt of court order requiring him to complete remodeling work as part of a marriage dissolution settlement. The court grants his habeas corpus petition, finding that the contempt order was fatally defective because it did not clearly specify what acts
• Holloway v. Franklin
  652 So. 2d 1217· Fla. 1st DCA· 1995-04-04
  Holloway was sentenced to 179 days in jail for contempt of a domestic violence injunction with a condition that he receive no good or gain time. The court granted his habeas corpus petition, holding that a sentencing judge lacks authority to preclude a defendant from receiving ga
• Guzman v. State
  651 So. 2d 1320· Fla. 5th DCA· 1995-03-31
• Benjamin v. Singletary
  651 So. 2d 830· Fla. 1st DCA· 1995-03-17
• Planes v. Felton
  650 So. 2d 1091· Fla. 3d DCA· 1995-02-22
  William Planes was convicted of issuing a worthless check and placed on probation with a restitution requirement of $30,962.40. He petitioned for habeas corpus after being jailed for failure to make restitution payments without a hearing to determine his ability to pay. The court
• Smith v. State
  650 So. 2d 1056· Fla. 2d DCA· 1995-02-10
  Smith petitioned for habeas corpus review of a circuit court order denying his motion for posttrial release, which involved a $5,000 bond set after his sentencing for DUI probation violation. The appellate court converted the petition to a request for common-law certiorari and de
• Moorehead v. Singletary
  645 So. 2d 187· Fla. 3d DCA· 1994-12-07
  Moorehead sought habeas corpus relief based on ineffective assistance of appellate counsel. The state conceded that appellate counsel failed to raise a meritorious double jeopardy argument regarding one conviction, and the court granted relief by vacating that conviction while af
• In the Interest of S.A.M. v. Bessette
  641 So. 2d 948· Fla. 2d DCA· 1994-09-02
  A juvenile detained on grand theft charges petitioned for habeas corpus, alleging illegal detention in violation of Florida law. The court agreed that the detention was unsupported by the risk assessment instrument and the statutory detention criteria, and granted the writ of hab
• Jordan v. Singletary
  641 So. 2d 491· Fla. 2d DCA· 1994-08-19
  Larry Robert Jordan petitioned for habeas corpus alleging illegal detention due to lack of notice of postconviction decisions and claims of ineffective assistance of counsel regarding his guilty plea and sentencing on robbery charges. The court denied the petition, finding that J
• In the Interest of C.L.
  638 So. 2d 993· Fla. 4th DCA· 1994-06-15
  The Fourth District Court of Appeal granted a petition for habeas corpus and ordered the release of a juvenile charged with grand theft auto who was detained pretrial without sufficient statutory grounds. The trial court lacked authority to order detention because the state faile
• Diaz v. Singletary
  637 So. 2d 358· Fla. 1st DCA· 1994-06-01
• Newsome v. Singletary
  637 So. 2d 9· Fla. 2d DCA· 1994-05-06
  Prisoner Newsome appealed the dismissal of his habeas corpus and rule 1.630 application challenging a DOC disciplinary action. The court reversed, holding that Newsome's claim was not an untimely complaint for common law certiorari, and that different remedies apply depending on
• C.W.P. v. State
  633 So. 2d 1192· Fla. 5th DCA· 1994-03-25
  A Florida appellate court granted a habeas corpus petition and ordered the immediate release of a juvenile who was unlawfully detained in secure custody. The court found that the lower court failed to comply with statutory requirements for secure detention of juveniles by not mak
• Hedrick v. Fla. Hosp. Med. Ctr.
  633 So. 2d 1153· Fla. 5th DCA· 1994-03-18
  David Hedrick appealed the denial of his habeas corpus petition challenging his involuntary commitment for mental health examination. The court reversed, holding that the evidence did not establish the statutory requirement of a real and present threat of substantial harm to his
• Flowers v. State
  627 So. 2d 1340· Fla. 5th DCA· 1993-12-17
• Soler v. Singletary
  629 So. 2d 248· Fla. 3d DCA· 1993-12-14
  The court held that the claims raised in the motion for postconviction relief and the petition for writ of habeas corpus were either legally insufficient or procedurally barred.
• Hernandez v. Dugger
  839 F. Supp. 849· M.D. Fla.· 1993-12-08 ·via Habeas Corpus Proceedings
  The court granted the state's motion for a stay pending appeal, allowing the petitioner to remain incarcerated, despite the grant of a writ of habeas corpus.
• Macks v. Clinton
  733 F. Supp. 78· M.D. Fla.· 1993-11-13 ·via Federal Habeas Corpus
• Tunstall v. Singletary
  622 So. 2d 530· Fla. 1st DCA· 1993-07-28
  Stanley Tunstall appeals the denial of his habeas corpus petition challenging the validity of his parole and parole revocation. The court reversed, finding that the trial court failed to address whether Tunstall's sentences would have expired prior to his parole under the proper
• Hockett v. Duckworth
  999 F.2d 1160· 7th Cir.· 1993-07-26 ·via Habeas Corpus Relief
  The court held that the district court did not err in denying the habeas petition without an evidentiary hearing, as the state court post-conviction proceedings adequately addressed the ineffective assistance of counsel claim.
• Kermit Smith, Jr. v. Dixon
  996 F.2d 667· 4th Cir.· 1993-07-23 ·via Federal Habeas Corpus
• Overstreet v. Caspari
  998 F.2d 636· 8th Cir.· 1993-07-20 ·via Federal Habeas Corpus
  The court held that the district court did not abuse its discretion in dismissing the second habeas petition as an abuse of the writ because the petitioner failed to show cause and prejudice for raising new claims.
• Williams v. Whitley
  994 F.2d 226· 5th Cir.· 1993-07-20 ·via Federal Habeas Corpus
• Bonin v. Vasquez
  999 F.2d 425· 9th Cir.· 1993-07-16 ·via Federal Habeas Corpus
  The court held that there is no constitutional right to effective counsel in state post-conviction or federal habeas corpus proceedings, and therefore, the Public Defender's potential ineffectiveness does not constitute cause to excuse the late filing of claims.
• Quinn v. Neal
  998 F.2d 526· 7th Cir.· 1993-07-13 ·via Federal Habeas Corpus
  The court held that the trial court did not abuse its discretion in limiting cross-examination regarding abuse petitions and the defendant's ongoing relationship with the witness, as no sufficient nexus was shown to demonstrate bias or motive to lie.
• Childs v. Collins
  995 F.2d 67· 5th Cir.· 1993-07-13 ·via Habeas Corpus Relief
  The court held that a defendant who is informed of his right to appeal and fails to make his desire to appeal known waives that right, and thus cannot claim ineffective assistance of counsel for failure to appeal.
• Williams v. Lord
  996 F.2d 1481· 2d Cir.· 1993-07-01
  The exclusion of evidence regarding the victim's prior violent acts, of which the defendant had no knowledge, does not violate the constitutional right to present a defense when the evidence has limited probative value and the state has legitimate interests in excluding it.
• Brown v. Burns
  996 F.2d 219· 9th Cir.· 1993-06-21
  The court held that the state court's finding that the offense occurred partly off-reservation was supported by the record, and the defendant knowingly and intelligently waived his right to a jury trial.
• McKEE v. Crispus C. NIX
  995 F.2d 833· 8th Cir.· 1993-06-14 ·via Habeas Corpus Relief
  The court held that the district court properly denied the habeas corpus petition because the petitioner procedurally defaulted on most claims and the remaining claims lacked merit or were based on state law errors.
• Wilson v. Lindler
  995 F.2d 1256· 4th Cir.· 1993-06-11 ·via Federal Habeas Corpus
  The dissenting judge would reverse the district court's grant of the writ, finding no constitutional error regarding notice and that any error was invited or not prejudicial.
• DOW v. Cir. Court OF the First Cir.
  995 F.2d 922· 9th Cir.· 1993-06-10 ·via Federal Habeas Corpus
  Mandatory attendance at an alcohol rehabilitation program constitutes 'custody' for the purposes of federal habeas corpus review under 28 U.S.C. § 2254(a).
• Pemberton v. Collins
  991 F.2d 1218· 5th Cir.· 1993-05-27 ·via Habeas Corpus Review
  A federal court on habeas review may consider a confession admitted at trial, even if a state appellate court later held it inadmissible under state law, provided its admission did not violate federal constitutional standards.
• Hurlburt v. Cunningham
  996 F.2d 1273· 1st Cir.· 1993-05-26 ·via Habeas Corpus Review
  The court affirmed the denial of the habeas corpus petition, holding that the increased sentence after retrial was not unconstitutional under North Carolina v. Pearce because the sentencing judge provided sufficient on-the-record, nonvindictive reasons.
• Kelley v. Kaiser
  992 F.2d 1509· 10th Cir.· 1993-05-17 ·via Habeas Corpus Proceedings
  The court held that the Oklahoma court's application of the Edwards requirement, which shifted the burden to the petitioner to show why he would not have been certified as an adult, constituted an inadequate fact-finding procedure, thus the state court's determination was not ent
• Ruffin v. State
  617 So. 2d 868· Fla. 5th DCA· 1993-05-07 ·via Habeas Corpus Relief
  Ruffin appeals a resentencing order in which the trial court unlawfully modified his murder sentence that he had already begun serving. The court reversed and remanded because the trial court exceeded its authority by changing the murder sentence when only the sexual battery sent
• Hull v. Freeman
  991 F.2d 86· 3d Cir.· 1993-04-19 ·via Federal Habeas Corpus
  The court held that a federal court should dismiss a habeas petition without prejudice when a petitioner raises a colorable claim for waiver of procedural default under state law, allowing the petitioner to assert this claim in state court first.
• Bovio v. United States
  989 F.2d 255· 7th Cir.· 1993-03-25
  The court held that the magistrate judge properly found probable cause to extradite Bovio, that the submitted documents were admissible, and that Bovio's due process rights were not violated.
• Donnie Lee Prince v. State
  616 So. 2d 526· Fla. 4th DCA· 1993-03-24 ·via Habeas Corpus Relief
  In this post-conviction appeal, the Fourth District affirmed the trial court's denial of Prince's ineffective assistance of counsel claims, finding he was properly advised of his right to testify and failed to properly assert other alleged errors. The court also affirmed the deni
• Woods v. Major General JJ. Sheehan
  987 F.2d 1454· 9th Cir.· 1993-03-15 ·via Habeas Corpus Relief
  The court held that the Marine Corps had a basis in fact for denying Corporal Woods' conscientious objector status, and the district court did not err in denying his habeas petition.
• Deters v. Collins
  985 F.2d 789· 5th Cir.· 1993-03-11 ·via Writ Of Habeas Corpus Ad Subjiciendum
  The court held that the petitioner failed to exhaust his state remedies, and therefore, the federal court should not have reached the merits of his habeas corpus petition.
• Degarmo v. Collins
  984 F.2d 142· 5th Cir.· 1993-02-08 ·via Habeas Corpus Proceedings
  The court held that a stipulation agreeing not to appeal must be enforced as written.