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

• Whitney v. Louie L. Wainwright
  332 F.2d 787· 5th Cir.· 1964-01-17 ·cited 11×
  The court held that the question of whether the District Judge had the complete record before him was not frivolous and warranted further review.
• Lowry Newton Klink v. Looney
  262 F.2d 119· 10th Cir.· 1958-11-28 ·cited 11×
  The court held that the petitioner's application for a writ of habeas corpus was without merit because 28 U.S.C. § 2255 provides an exclusive remedy for his claims, which he failed to pursue.
• United States ex rel. Hanson v. Ragen
  166 F.2d 608· 7th Cir.· 1948-02-17 ·cited 11×
  A writ of habeas corpus cannot be used to review a conviction when the petitioner deliberately waived appellate rights and the trial court had jurisdiction.
• Hawk v. Jones
  160 F.2d 807· 8th Cir.· 1947-04-18 ·cited 11×
  The court held that a federal court cannot grant habeas corpus relief until the petitioner has exhausted state remedies, including seeking relief via the writ of error coram nobis in Nebraska courts.
• Jimenez v. Jones
  261 So. 3d 502· Fla.· 2018-12-12 ·cited 10×
  A constitutional amendment removing a prohibition on retroactive application of criminal statutes does not itself require the Legislature to apply amended statutes retroactively, nor does it entitle a death-row inmate to relief when his conviction and sentence were final years be
• Bolin v. State
  184 So. 3d 492· Fla.· 2015-12-17 ·cited 10×
  Oscar Ray Bolin, Jr., a death row inmate scheduled for execution, appealed the denial of successive postconviction motions claiming newly discovered evidence (a confession by inmate Steven Kasler) and Brady violations. The Florida Supreme Court affirmed the circuit court's denial
• McLEAN v. State
  147 So. 3d 504· Fla.· 2014-06-19 ·cited 10×
  Derrick McLean appeals the denial of his post-conviction motion and habeas petition following his conviction for the 2004 first-degree murder of 15-year-old Jahvon Thompson and death sentence. The Florida Supreme Court affirmed the denial of all post-conviction claims and rejecte
• Williams v. State
  68 So. 3d 1010· Fla. 4th DCA· 2011-09-15 ·cited 10×
  The court held that mailing notice to a defendant's last known address is insufficient to establish willful failure to appear if the defendant has no duty to update their address with the court and has provided a new address to pretrial supervision.
• Parrino v. Ric L. Bradshaw
  972 So. 2d 960· Fla. 4th DCA· 2007-12-14 ·cited 10×
  A incarcerated petitioner seeks habeas corpus relief to prevent a hearing into the source of funds for bail posting. The Florida appellate court upholds the trial court's authority under state statute and rules to inquire into bail fund sources, rejecting the petitioner's argumen
• Siplen v. State
  963 So. 2d 317· Fla. 5th DCA· 2007-08-17 ·cited 10×
• Octavia LEE v. State
  956 So. 2d 1292· Fla. 4th DCA· 2007-06-06 ·cited 10×
  Court granted habeas corpus petition and quashed bond forfeiture order because trial court failed to make required findings that defendant's failures to appear were willful before denying bond reinstatement.
• A.K. v. Dobuler
  951 So. 2d 989· Fla. 3d DCA· 2007-03-14 ·cited 10×
  A.K., a juvenile detained on a pick-up order for failure to appear, sought habeas corpus relief after the trial court quashed the pick-up order but continued his secure detention for 21 days without statutory authority. The court held that a failure to appear alone does not suppo
• Barnard v. State
  949 So. 2d 250· Fla. 3d DCA· 2007-01-24 ·cited 10×
  Gary Barnard appealed the denial of his sixth postconviction habeas corpus petition. The Florida Court of Appeal affirmed the denial, finding the petition both untimely and procedurally barred because the issues raised were collateral attacks that could have been brought on direc
• Moore v. State
  909 So. 2d 500· Fla. 5th DCA· 2005-08-26 ·cited 10×
  This case addresses whether Florida's Jimmy Ryce Act (civil commitment statute for sexually violent predators) applies to a defendant who was erroneously released from custody before civil commitment proceedings were instituted. The Fifth District Court of Appeal held that the Ac
• Rodnye Baroulette v. McCRAY
  904 So. 2d 575· Fla. 3d DCA· 2005-06-14 ·cited 10×
  Rodnye Baroulette petitioned for a writ of habeas corpus after being held in custody on probation violation charges despite his probationary period having expired. The court granted the petition, holding that a trial court lacks jurisdiction to revoke probation after the probatio
• K.M. v. Dep't OF Juv. Just.
  898 So. 2d 1193· Fla. 1st DCA· 2005-04-07 ·cited 10×
  K.M., a juvenile arrested for petit theft, was ordered into secure detention despite a Risk Assessment Instrument score authorizing nonsecure detention. The court granted her habeas corpus petition, holding that the trial court must either provide written findings meeting statuto
• Hayden v. Bieluch
  878 So. 2d 1270· Fla. 4th DCA· 2004-08-05 ·cited 10×
• Rodriguez v. McRAY
  871 So. 2d 1001· Fla. 3d DCA· 2004-04-16 ·cited 10×
  Jose Luis Rodriguez sought habeas corpus relief challenging a $75,000 bond increase imposed after his initial arrest on aggravated battery and animal cruelty charges. The Florida Third District Court of Appeal held that the trial court abused its discretion in increasing the bond
• Bruno v. Moore
  838 So. 2d 485· Fla.· 2002-12-05 ·cited 10×
  Michael George Bruno petitions for habeas corpus following his conviction and death sentence for the 1986 murder of Lionel Merlano. The Florida Supreme Court denies the petition, rejecting claims that appellate counsel was ineffective, that harmless error analysis was inadequate,
• Facyson v. Jenne
  821 So. 2d 1169· Fla. 4th DCA· 2002-07-19 ·cited 10×
  A defendant found incompetent to stand trial cannot be detained in jail beyond the statutory 15-day limit for forensic placement, and mandamus is the appropriate remedy to compel the Department of Children and Families to take custody.
• Latalian v. State
  786 So. 2d 1242· Fla. 4th DCA· 2001-06-13 ·cited 10×
  James Latalian challenged his probation violation sentence after the sentencing guidelines scoresheet used at his original sentencing was invalidated by Heggs v. State. The court granted relief and resentenced him, but the Fourth District reversed and remanded because Latalian ha
• Bryant v. State
  780 So. 2d 978· Fla. 5th DCA· 2001-03-09 ·cited 10×
  The denial of the petition for writ of habeas corpus is affirmed because it was an improper method for collateral attack and filed in the wrong venue.
• L.S. v. Dep't OF Juv. Just.
  779 So. 2d 633· Fla. 1st DCA· 2001-03-08 ·cited 10×
  The Department of Juvenile Justice lost jurisdiction over the juvenile because aftercare was not properly ordered in the original disposition or validly transferred.
• Curt Baber v. State
  776 So. 2d 309· Fla. 4th DCA· 2000-12-27 ·cited 10×
  The court held that appellate counsel was ineffective for failing to raise the issue of an improper peremptory strike, entitling the petitioner to a belated appeal and a new trial.
• M.W. v. Dep't OF Child. & Families
  769 So. 2d 513· Fla. 1st DCA· 2000-10-23 ·cited 10×
  This case concerns a mother's attempt to appeal the termination of her parental rights after her notice of appeal was untimely filed. The court explains the procedural steps available for such situations, ultimately dismissing the current appeal for lack of jurisdiction.
• McCANN v. Moore
  763 So. 2d 556· Fla. 4th DCA· 2000-08-02 ·cited 10×
  Florida appellate court granted habeas corpus petition for ineffective assistance of appellate counsel where counsel failed to cite controlling First District precedent that would have prevented conviction for attempted procurement, requiring reversal and reduction to solicitatio
• Merrick Magnus v. State
  738 So. 2d 446· Fla. 4th DCA· 1999-07-21 ·cited 10×
  A petition for writ of habeas corpus must be filed in the county where the prisoner is detained, and the trial court should transfer it if filed in the wrong venue.
• Basse v. State
  740 So. 2d 518· Fla.· 1999-06-10 ·cited 10×
  Courts possess the inherent authority to impose reasonable page limits on extraordinary writ petitions, and petitioners must be allowed to demonstrate good cause for exceeding such limits.
• A.M.W. v. Portesy
  714 So. 2d 1170· Fla. 2d DCA· 1998-07-29 ·cited 10×
  A juvenile petitioner challenged his placement in secure detention for a second twenty-one-day period after being taken into custody on a failure-to-appear charge. The court held that the trial court lacked authority to issue the pick-up order for failure to appear without proper
• A.W. v. State
  711 So. 2d 598· Fla. 5th DCA· 1998-05-01 ·cited 10×
  A minor in state custody sought habeas corpus relief to challenge extended detention pending placement in a moderate-risk residential facility. The appellate court granted the writ, holding that statutory authority to extend detention beyond five days rests exclusively with the D
• Bowers v. Jenne
  710 So. 2d 681· Fla. 4th DCA· 1998-04-27 ·cited 10×
  The court granted Bowers' petition for writ of habeas corpus, holding that the trial court improperly increased his bond sua sponte without adequate notice or a motion from the state. The decision clarifies that trial courts lack authority to increase bond on their own motion and
• Johnston v. State
  708 So. 2d 590· Fla.· 1998-03-05 ·cited 10×
  David Eugene Johnston, convicted and sentenced to death in 1984 for first-degree murder, challenged his death sentence through postconviction relief and habeas corpus, arguing the heinous, atrocious, or cruel (HAC) jury instruction was unconstitutionally vague following the U.S.
• Renny Ray Dubois v. State
  705 So. 2d 713· Fla. 1st DCA· 1998-02-17 ·cited 10×
  DuBois sought habeas corpus relief and a belated appeal, claiming ineffective assistance of counsel for failing to file a timely notice of appeal. The trial court dismissed the habeas petition and denied the motion for belated appeal. The appellate court affirmed the habeas dismi
• Pressley v. Singletary
  724 So. 2d 97· Fla.· 1997-12-30 ·cited 10×
  The court held that the Parole Commission cannot transfer an inmate's Conditional Release supervision to the end of their overall sentence for offenses committed before the 1997 amendment, regardless of gain time accrued.
• McLEROY v. State
  704 So. 2d 151· Fla. 5th DCA· 1997-12-05 ·cited 10×
  The appellate court held that the circuit court lacked jurisdiction to hear the petition for writ of habeas corpus because it was filed in the wrong judicial circuit.
• Torres v. State
  700 So. 2d 1247· Fla. 5th DCA· 1997-10-24 ·cited 10×
• Wyatt v. State
  697 So. 2d 1289· Fla. 5th DCA· 1997-08-15 ·cited 10×
  Thomas Wyatt challenges the dismissal of his 1989 robbery appeal for failure to pay filing fees or file an affidavit of indigency. The court grants his petition for writ of habeas corpus, finding that his appellate counsel was ineffective for failing to seek a remand to obtain an
• Bass v. Dep't OF Corr.
  684 So. 2d 834· Fla. 1st DCA· 1996-12-05 ·cited 10×·via Federal Habeas Corpus
  Florida inmates challenged Department of Corrections rules prohibiting preparation of legal documents by those in disciplinary confinement. The court held that the rules unconstitutionally restrict access to federal courts for habeas corpus petitions and civil rights actions, vio
• Dixon v. Singletary
  672 So. 2d 602· Fla. 3d DCA· 1996-04-24 ·cited 10×
  The court held that appellate counsel was ineffective for failing to raise a meritorious double jeopardy claim based on controlling precedent, and that a sentencing issue also required remand.
• Parker v. Dugger
  660 So. 2d 1386· Fla.· 1995-10-05 ·cited 10×·via Habeas Corpus Relief
  Robert Lacy Parker, sentenced to death for two first-degree murders, sought habeas corpus relief and appealed the denial of his Rule 3.850 motion for postconviction relief. The Florida Supreme Court denied habeas relief but reversed the trial court's procedurally-based denial of
• Leone v. State
  657 So. 2d 26· Fla. 5th DCA· 1995-06-09 ·cited 10×
• Doyle v. Singletary
  655 So. 2d 1120· Fla.· 1995-06-01 ·cited 10×
  Daniel Lee Doyle, a death row inmate, petitioned for habeas corpus relief raising four claims including vagueness of jury instructions on the heinous, atrocious, or cruel aggravating factor and ineffective assistance of counsel. The Florida Supreme Court denied the petition, find
• Rooney v. State
  632 So. 2d 212· Fla. 5th DCA· 1994-02-18 ·cited 10×
• Beres Waite v. Singletary
  632 So. 2d 192· Fla. 3d DCA· 1994-02-15 ·cited 10×
  The court held that the petitioner was not entitled to provisional release credits and could be recommitted, as there is no constitutional impediment to the retroactive cancellation of such credits when an inmate is released by mistake.
• Campbell v. Fla. Parole Comm'n
  630 So. 2d 1210· Fla. 1st DCA· 1994-01-20 ·cited 10×
  Campbell challenged a trial court's denial of his mandamus petition against the Florida Parole Commission, raising claims about his presumptive parole release date and parole revocation proceedings. The appellate court affirmed the denial regarding the parole release date claims
• R.R. v. Portesy
  629 So. 2d 1059· Fla. 1st DCA· 1994-01-03 ·cited 10×
  A juvenile challenged a secure detention order issued after a hearing conducted via video-telephone while he remained at a detention center rather than being physically present in the judge's chambers. The Florida appellate court held that the video-telephone procedure violated j
• Richardson v. State
  624 So. 2d 804· Fla. 1st DCA· 1993-09-27 ·cited 10×
• Burton v. Johnson
  975 F.2d 690· 10th Cir.· 1992-09-11 ·cited 10×
  The Tenth Circuit held that its prior mandate affirmed the district court's remedy, not superseded it, and that the district court retained jurisdiction to interpret its original order regarding permanent discharge.
• McCOY v. A.L. Lockhart
  969 F.2d 649· 8th Cir.· 1992-07-10 ·cited 10×·via Habeas Corpus Relief
  The court held that the new 'clear and convincing evidence' standard from Sawyer v. Whitley applies to challenges to convictions, not just death sentences, and remanded the case for application of this standard.
• Smith v. Collins
  964 F.2d 483· 5th Cir.· 1992-06-30 ·cited 10×·via Federal Habeas Corpus
  The court held that the district court's denial of the habeas corpus petition was proper, as the alleged errors did not rise to the level of constitutional violations or were harmless.