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

• Raines v. State
  14 So. 3d 244· Fla. 2d DCA· 2009-05-01 ·cited 8×
  Vincent Raines appealed the denial of his habeas corpus petition challenging a 1990 sentence as illegal. Although the court found the sentence was indeed illegal, it affirmed the denial because the sentence had been fully served over a decade earlier, making it moot, and because
• Coney v. State
  995 So. 2d 1038· Fla. 4th DCA· 2008-11-12 ·cited 8×
  Earl Coney, an incarcerated pro se litigant, filed his fifteenth appeal in the Fourth District Court of Appeal within three years, raising repetitive and frivolous claims regarding his sentence calculation and incarceration. The court imposed the sanction of refusing to accept an
• Armour v. Fla. Parole Comm'n
  963 So. 2d 305· Fla. 1st DCA· 2007-08-14 ·cited 8×
  The court held that the circuit court erred by construing a petition for writ of habeas corpus as a petition for non-habeas relief, violating established law and causing a miscarriage of justice.
• Sanford Paul Butler v. State
  953 So. 2d 12· Fla. 5th DCA· 2007-02-09 ·cited 8×
  Sanford Paul Butler appeals the summary denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court affirms that Butler's illegal sentence claim was properly deemed successive and lacked merit, but reverses and remands because
• Garcia v. State
  949 So. 2d 980· Fla.· 2006-11-09 ·cited 8×
  Henry Garcia, sentenced to death for the brutal 1983 murders of two elderly sisters, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief and denies the habeas
• Price v. State
  937 So. 2d 702· Fla. 5th DCA· 2006-08-11 ·cited 8×
  The court affirmed the trial court's denial of habeas corpus relief, holding that a habeas petition cannot be used to challenge the legal sufficiency of an information when such claims should have been raised on direct appeal.
• Galloway v. State
  931 So. 2d 136· Fla. 5th DCA· 2006-04-21 ·cited 8×
  The court held that a petition for writ of habeas corpus should have been dismissed on jurisdictional grounds because the petitioner was attacking the validity of his conviction, which requires filing a motion in the sentencing court, not the county of incarceration.
• Bertke v. State
  927 So. 2d 76· Fla. 5th DCA· 2006-04-07 ·cited 8×
  Richard Bertke petitioned for a writ of habeas corpus alleging his appellate counsel was ineffective. The court granted the petition because appellate counsel failed to challenge the trial court's erroneous inclusion of the forcible felony exception in the self-defense jury instr
• Thomas v. Martone
  867 So. 2d 510· Fla. 4th DCA· 2004-02-25 ·cited 8×
  Martone petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The court granted the petition in part, finding that appointed appellate counsel was not provided with critical portions of the trial record, denying counsel the ability to properly review
• Damren v. State
  838 So. 2d 512· Fla.· 2003-01-23 ·cited 8×
  Floyd Damren, a death row inmate, appealed the denial of his Rule 3.851 postconviction motion and filed a habeas corpus petition challenging his conviction for first-degree murder and death sentence. The Florida Supreme Court affirmed the trial court's denial of postconviction re
• Gordon v. Moore
  832 So. 2d 880· Fla. 3d DCA· 2002-12-11 ·cited 8×
  The court held that habitual offender sentences based on non-sequential predicate convictions must be vacated.
• Oyebode Oyetunji v. State
  816 So. 2d 1154· Fla. 4th DCA· 2002-04-26 ·cited 8×
• In the Interest of J.W. a child v. Leitner
  801 So. 2d 295· Fla. 2d DCA· 2001-12-14 ·cited 8×
  Children awaiting placement in a high-risk residential program may not be held in secure detention unless they meet statutory detention criteria.
• Holland v. State
  791 So. 2d 1256· Fla. 5th DCA· 2001-08-24 ·cited 8×
• Sload v. State
  782 So. 2d 976· Fla. 5th DCA· 2001-04-12 ·cited 8×
  A writ of habeas corpus cannot be entertained when the petitioner is represented by counsel and the petition fails to show entitlement to immediate release.
• Bradshaw v. Jenne
  754 So. 2d 109· Fla. 4th DCA· 2000-03-15 ·cited 8×
  A finding of willful failure to appear, without more, is insufficient to deny bond without following procedural rules and statutory criteria for pretrial detention.
• Gonzalez v. Moore
  743 So. 2d 158· Fla. 1st DCA· 1999-10-20 ·cited 8×
  Appellant sought review of a circuit court order dismissing his habeas corpus petition for failing to comply with a case management order. The appellate court reversed, finding that appellant had substantially complied with filing requirements and that the circuit court erred in
• Pinder v. State
  779 So. 2d 309· Fla. 2d DCA· 1999-07-30 ·cited 8×
  Alfred Jerome Pinder appeals the dismissal of his petition for writ of habeas corpus and raises a new claim for ineffective assistance of appellate counsel. The appellate court affirmed the trial court's dismissal, finding that Pinder used an inappropriate vehicle for relief and
• Jett v. State
  722 So. 2d 211· Fla. 1st DCA· 1998-10-05 ·cited 8×
  Jack James Jett appeals the denial of post-conviction relief following sentences imposed for probation violations. The court affirmed that Rule 3.850 relief was time-barred but reversed, finding that Jett was subjected to double jeopardy when probation violation charges were brou
• Burnside v. State
  720 So. 2d 269· Fla. 5th DCA· 1998-10-02 ·cited 8×
• Lynn v. State
  719 So. 2d 38· Fla. 1st DCA· 1998-09-23 ·cited 8×·via Habeas Corpus Proceedings
  Tony Lynn appealed the trial court's denial of his second motion for belated appeal of his 1993 conviction. The First District Court of Appeal dismissed the appeal for lack of jurisdiction, finding that Lynn failed to timely appeal and that his post-conviction motion was time-bar
• Kidwell v. State
  696 So. 2d 399· Fla. 4th DCA· 1997-06-11 ·cited 8×·via Habeas Corpus Relief
  A newspaper reporter was held in criminal contempt for refusing to testify about a non-confidential jailhouse interview with a murder defendant, claiming a First Amendment journalist's privilege. The court affirmed the contempt conviction, holding that no qualified privilege prot
• Thetus Flemming v. Cochran
  694 So. 2d 131· Fla. 4th DCA· 1997-05-30 ·cited 8×·via Habeas Corpus Relief
  Thetus Flemming sought habeas corpus relief from two bond revocation orders issued on April 22, 1997. The court granted relief as to one case where the trial court sua sponte revoked and increased bond without notice or state motion, but denied relief as to the other case where t
• In the Interest of D.G.H. v. Gnat
  682 So. 2d 210· Fla. 1st DCA· 1996-10-30 ·cited 8×·via Habeas Corpus Review
  A juvenile accused of battery on a school employee and disorderly conduct challenges his placement in secure detention via habeas corpus. The Florida First District Court of Appeal reverses, holding that trial courts lack discretion to order detention more restrictive than indica
• Suggs v. State
  681 So. 2d 870· Fla. 5th DCA· 1996-10-18 ·cited 8×
  The court held that a defendant is not entitled to relief on a petition for writ of habeas corpus when the issue raised was previously decided on appeal and when the defendant need not be present for resentencing.
• Remeta v. Singletary
  85 F.3d 513· 11th Cir.· 1996-05-31 ·cited 8×·via Habeas Corpus Review
  Daniel Eugene Remeta appealed the denial of his federal habeas corpus petition challenging his Florida death sentence for murder committed during a 1985 multi-state crime spree. Remeta raised numerous issues, including a claim that Florida violated the Interstate Agreement on Det
• Dyer v. State
  655 So. 2d 123· Fla. 5th DCA· 1995-03-31 ·cited 8×
  The court held that successive petitions for writ of habeas corpus should be denied as an abuse of procedure.
• Stephenson v. State
  640 So. 2d 117· Fla. 2d DCA· 1994-07-20 ·cited 8×
  Edgar Stephenson appeals his life sentence as a habitual violent felony offender, but the district court dismisses the appeal because his trial counsel failed to file a timely notice of appeal. The court certifies a question of great public importance regarding whether appellate
• Johnston v. Singletary
  640 So. 2d 1102· Fla.· 1994-06-23 ·cited 8×·via Habeas Corpus Review
  David Eugene Johnston, a death row inmate, challenged the constitutionality of the heinous, atrocious, or cruel jury instruction used at his 1984 sentencing after a federal habeas court found it infirm under Espinosa v. Florida. The Florida Supreme Court held the challenge proced
• Muehleman v. Dugger
  623 So. 2d 480· Fla.· 1993-08-05 ·cited 8×
  Jeffrey Allen Muehleman, a death row inmate, appeals the denial of his Rule 3.850 postconviction relief motion and seeks habeas corpus relief. The Florida Supreme Court holds that capital defendants are entitled to public records disclosure under chapter 119 and remands for the c
• Orndorff v. A.L. Lockhart
  998 F.2d 1426· 8th Cir.· 1993-07-15 ·cited 8×·via Habeas Corpus Relief
  The court held that the harmless error standard from Chapman v. California applies to this habeas case because the state courts did not have an opportunity to review the constitutional error. The court found the error harmless as to Richley and Holmes, but remanded for further co
• Atkins v. Singletary
  622 So. 2d 951· Fla.· 1993-05-27 ·cited 8×
  The Court held that the inmate's claims were procedurally barred as they were or should have been raised in prior appeals, and the second claim was also barred because it could not have altered the trial outcome.
• In the Interest of H.L. v. Woolsey
  618 So. 2d 268· Fla. 1st DCA· 1993-03-25 ·cited 8×
  A juvenile filed a petition for writ of habeas corpus challenging his immediate secure detention after adjudication but before disposition, arguing it violated statutory requirements for detention and risk assessment.
• Yohey v. Collins
  985 F.2d 222· 5th Cir.· 1993-03-08 ·cited 8×·via Federal Habeas Corpus
  The court held that claims raised for the first time on appeal or in a reply brief are not considered, and that state law claims do not provide a basis for federal habeas relief unless they rise to constitutional dimension.
• Schiro v. Clark
  963 F.2d 962· 7th Cir.· 1992-05-08 ·cited 8×·via Habeas Corpus Relief
  The court held that the Indiana death penalty statute, which allows a judge to impose a death sentence despite a jury's recommendation for life imprisonment, does not violate the U.S. Constitution, and that the defendant's double jeopardy and ineffective assistance of counsel cla
• Hubbard v. Dugger
  590 So. 2d 1031· Fla. 1st DCA· 1991-12-13 ·cited 8×
  An inmate sought provisional sentence credits under Florida law, but the Department of Corrections denied them based solely on a 1970 arrest report for indecent exposure. The court reversed, holding that an arrest report without supporting evidence or sworn testimony is insuffici
• Goldstein v. Navarro
  590 So. 2d 20· Fla. 4th DCA· 1991-11-27 ·cited 8×
  Roger Goldstein petitioned for habeas corpus relief challenging his incarceration for civil contempt based on failure to pay alimony. The court denied the petition, holding that while a specific finding of ability to pay is required under Bowen v. Bowen, Goldstein was not entitle
• Paris Hoyt Carriger v. Lewis
  948 F.2d 588· 9th Cir.· 1991-11-04 ·cited 8×
  The court held that the district court's orders granting summary judgment and refusing to vacate it are affirmed, while its subsequent Rule 60(b) orders are vacated for want of jurisdiction, and the second habeas petition is dismissed.
• Kendrick Crotty v. State
  568 So. 2d 1328· Fla. 4th DCA· 1990-10-31 ·cited 8×
  Kendrick Crotty appealed the trial court's summary denial of his Rule 3.850 post-conviction relief motion challenging his armed burglary and grand theft convictions and sentences. The appellate court reversed and remanded, finding that two of his three grounds—an allegedly illega
• Pitts v. A.L. Lockhart
  911 F.2d 109· 8th Cir.· 1990-08-10 ·cited 8×·via Federal Habeas Corpus
  The court held that a state prisoner's claim that his conviction violates a state supreme court interpretation of a state statute is not cognizable in federal habeas corpus. It also held that the failure to instruct on a lesser included offense in a noncapital case, and the use o
• Rory Wayne Powell v. Hon. John W. Watson, III
  565 So. 2d 845· Fla. 5th DCA· 1990-08-09 ·cited 8×·via Writ Of Habeas Corpus Ad Subjiciendum
  Powell sought writs of habeas corpus and mandamus to compel a trial judge to rule on his Rule 3.850 motion for post-conviction relief. The appellate court denied the petition, finding no evidence of judicial inaction or unresponsiveness, and noting that prompt but not immediate r
• Floyd v. Meachum
  907 F.2d 347· 2d Cir.· 1990-06-29 ·cited 8×
  The court held that the cumulative effect of the prosecutor's repeated and improper remarks during summation was so prejudicial as to render the trial fundamentally unfair, denying the defendant his constitutional due process rights.
• Cuffle v. Goldsmith
  906 F.2d 385· 9th Cir.· 1990-06-15 ·cited 8×
  A waiver of constitutional rights induced by a threat that cannot legally be carried out violates due process, and a defendant's mental impairment may require a hearing on competence to waive counsel.
• Thomas v. Sermon Dyess
  557 So. 2d 196· Fla. 2d DCA· 1990-02-21 ·cited 8×
  Freddie Thomas petitioned for a writ of habeas corpus to challenge his pretrial detention in Hendry County Jail after being arrested on felony charges but not formally charged within the 30-day period required by Florida criminal procedure rules. The court granted the petition, h
• In the Interest of M.N.
  556 So. 2d 510· Fla. 4th DCA· 1990-02-07 ·cited 8×
  A juvenile held beyond the five-day statutory limit before commitment placement is entitled to habeas relief under Florida law, though the writ's issuance is withheld where placement has already occurred.
• Heiney v. Dugger
  558 So. 2d 398· Fla.· 1990-02-01 ·cited 8×
  Robert David Heiney, sentenced to death for murder and robbery, challenges his capital sentence on habeas review. The Florida Supreme Court finds a Hitchcock instructional error regarding mitigation but deems it harmless, while reversing and remanding for an evidentiary hearing o
• Buckley v. A.L. Lockhart
  892 F.2d 715· 8th Cir.· 1989-12-20 ·cited 8×·via Federal Habeas Corpus
  The court held that a federal habeas corpus petitioner's claims are procedurally barred if not fairly presented to the state courts, and that escape from custody forfeits the right to appeal, thus precluding an ineffective assistance of counsel claim based on failure to appeal.
• Clark Davis v. Reynolds
  890 F.2d 1105· 10th Cir.· 1989-11-30 ·cited 8×·via Habeas Corpus Relief
  The court held that the trial court improperly violated the defendant's Sixth Amendment right to a public trial by excluding the public during a witness's testimony without adequate findings or consideration of alternatives.
• Knox v. Butler
  884 F.2d 849· 5th Cir.· 1989-10-03 ·cited 8×·via Habeas Corpus Review
  The court held that a rational trier of fact could find the essential elements of the crime beyond a reasonable doubt, given the substantial agreement among witness accounts and the reasons to doubt the credibility of the defense's testimony.
• Russell v. Jones
  886 F.2d 149· 8th Cir.· 1989-09-19 ·cited 8×·via Habeas Corpus Relief
  The court affirmed the denial of the habeas corpus petition, finding no ineffective assistance of counsel, no suppression of confession, and sufficient evidence for conviction. The court also affirmed the denial of the state's request for transcript costs.