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

• Brimage v. State
  937 So. 2d 230· Fla. 3d DCA· 2006-09-01 ·cited 6×
  Brimage appeals the trial court's summary denial of his belated Rule 3.850 postconviction relief motion filed nearly four years after his direct appeal became final. The court reverses, holding that due process may entitle a defendant to file a belated Rule 3.850 motion if he was
• Robinson v. State
  925 So. 2d 373· Fla. 5th DCA· 2006-03-03 ·cited 6×
  Robert A. Robinson petitioned for a writ of habeas corpus under the all writs provision, claiming jurisdictional defects in his criminal conviction. The Fifth District Court of Appeal dismissed the petition, finding that Robinson was attempting to bypass the trial court and raise
• T.D.S. v. State
  922 So. 2d 346· Fla. 5th DCA· 2006-02-24 ·cited 6×
  A juvenile petitioner challenges his secure detention despite a risk assessment instrument (RAI) score of zero. The court grants the habeas corpus petition, holding that Florida law requires written, clear and convincing reasons when a trial court orders placement more restrictiv
• C.D.T. v. State
  920 So. 2d 787· Fla. 5th DCA· 2006-02-16 ·cited 6×
  A juvenile petitioner sought habeas corpus relief from secure detention, arguing he was unlawfully detained despite a Risk Assessment Instrument score of zero. The Florida appellate court granted the petition because the trial court failed to provide written reasons as statutoril
• Adan Juarez, Jr. v. Ric L. Bradshaw
  904 So. 2d 572· Fla. 4th DCA· 2005-06-09 ·cited 6×
  The court held that a local administrative order mandates that any capias issued for failure to appear after charges are refiled must provide for an O.R. release.
• Gibson v. Fla. Parole Comm'n
  895 So. 2d 1291· Fla. 5th DCA· 2005-03-24 ·cited 6×
  The court reversed the dismissal of Gibson's habeas corpus petition challenging a Florida Parole Commission order, holding that the trial court should have treated it as a mandamus petition and transferred it to Leon County rather than dismissing it outright.
• McCARTHY v. Fla. Parole Comm'n
  889 So. 2d 1018· Fla. 1st DCA· 2005-01-05 ·cited 6×
• Raley v. State
  884 So. 2d 501· Fla. 5th DCA· 2004-10-08 ·cited 6×
• Galen Golden v. Crow
  862 So. 2d 903· Fla. 2d DCA· 2003-12-22 ·cited 6×
  Court granted habeas corpus petition because state failed to file required motion for pretrial detention, requiring trial court to conduct release hearing or impose standard bond.
• Jones v. State
  858 So. 2d 1263· Fla. 1st DCA· 2003-11-17 ·cited 6×
  Eddie Jones petitioned for habeas corpus challenging the trial court's subject matter jurisdiction based on an allegedly defective arrest warrant affidavit. The appellate court found Jones had engaged in an abuse of the legal process through repetitive, successive filings raising
• M.W. v. Lofthiem
  855 So. 2d 683· Fla. 2d DCA· 2003-10-01 ·cited 6×
  The court held that admitting to past marijuana use, without evidence of being under the influence during court proceedings or violating a specific order, does not constitute direct or indirect criminal contempt.
• Palm Beach Cnty. Sheriff v. State
  854 So. 2d 278· Fla. 4th DCA· 2003-09-17 ·cited 6×
  A Florida sheriff sought a writ of mandamus to recover expenses for housing incompetent criminal defendants after the Department of Children and Families failed to assume custody within the statutorily mandated fifteen-day period. The court held that mandamus is not an appropriat
• Staley v. State
  851 So. 2d 805· Fla. 2d DCA· 2003-07-30 ·cited 6×
  Bobby Staley challenges the revocation of his probation, arguing that the trial court failed to follow statutory and constitutional due process requirements. The Florida Second District Court of Appeal reversed the probation revocation order, holding that a probationer cannot pro
• Alverez v. State
  840 So. 2d 322· Fla. 5th DCA· 2003-02-14 ·cited 6×
  Twelve individuals petitioned for release under the Jimmy Ryce Act, claiming their civil commitment petitions were invalid because neither the original petition nor supporting documents were sworn. The Fifth District Court of Appeal aligned with other districts in requiring sworn
• Gove v. Fla. Parole Comm'n
  816 So. 2d 1150· Fla. 1st DCA· 2002-04-26 ·cited 6×
  Shane Gove challenges his detention under Florida's conditional release program, arguing he was unlawfully classified as a conditional releasee. The court agrees that Gove did not qualify for conditional release under Florida Statutes § 947.1405(2) because he lacked a prior felon
• Robinson v. State
  816 So. 2d 146· Fla. 1st DCA· 2002-04-08 ·cited 6×
  The court held that the appellant's claim regarding multiple convictions for resisting an officer was time-barred, but his claim regarding consecutive habitual felony offender sentences for offenses committed during a single criminal episode should be reviewed by the trial court.
• Isom v. State
  800 So. 2d 292· Fla. 3d DCA· 2001-10-31 ·cited 6×
  Douglas Isom appealed the denial of a rule 3.800(a) motion to correct an illegal sentence following his conviction for trafficking in cocaine and conspiracy. The court affirmed the denial, finding that Isom's claims were either previously litigated and rejected or barred by the l
• Roby v. State
  795 So. 2d 189· Fla. 3d DCA· 2001-09-25 ·cited 6×
  Kevin Roby sought habeas corpus relief after a trial judge revoked his bond and ordered him held without bail following a tardiness incident at a court hearing. The Florida District Court of Appeal granted the petition, holding that the trial court violated statutory requirements
• Gervasoni v. State
  766 So. 2d 478· Fla. 5th DCA· 2000-09-22 ·cited 6×
  Gerald Gervasoni seeks habeas corpus relief for belated appeal, claiming ineffective assistance of appellate counsel for failing to challenge his life sentence as a habitual felony offender. The court finds that appellate counsel was ineffective for not raising a clear sentencing
• Bret Bickis v. Broward Cnty. Sheriff
  763 So. 2d 487· Fla. 4th DCA· 2000-07-10 ·cited 6×
• Richardson v. Moore
  754 So. 2d 64· Fla. 3d DCA· 2000-03-08 ·cited 6×
  Ronald Wayne Richardson petitions for habeas corpus relief, contending that his adjudication as a habitual violent felony offender (HVO) violates the constitutional prohibition on ex post facto laws. The court agrees and grants the petition, requiring resentencing under the appli
• Powell v. Fla. Dep't OF Corr. & Fla. Parole Comm'n
  741 So. 2d 1201· Fla. 1st DCA· 1999-09-22 ·cited 6×
  Gary Powell petitioned for habeas corpus relief after the circuit court denied his motion for relief from judgment regarding a forfeiture of gain time by the Florida Department of Corrections. The appellate court denied the habeas corpus petition for lack of jurisdiction, holding
• Diaz v. State
  737 So. 2d 1203· Fla. 5th DCA· 1999-07-23 ·cited 6×
  A detainer filed against an incarcerated probationer is insufficient to trigger the right to a timely hearing on a probation violation charge.
• Gaiter v. State
  737 So. 2d 565· Fla. 3d DCA· 1999-06-09 ·cited 6×
  The court held that the appellant's claims were procedurally barred due to prior litigation and appeals.
• Schwartz v. Neumann
  731 So. 2d 746· Fla. 4th DCA· 1999-03-31 ·cited 6×
  The court held that a pretrial detention order must be vacated if the state fails to prove the existence of at least one of the four circumstances listed in section 907.041(4)(b).
• S.B. v. Rayford
  717 So. 2d 1107· Fla. 3d DCA· 1998-09-23 ·cited 6×
  S.B., a juvenile in secure detention awaiting placement in a moderate-risk residential facility, petitioned for habeas corpus relief. The State confessed error, and the court granted the petition, finding that S.B. had exceeded the statutory time limits for secure detention under
• Amador v. State
  712 So. 2d 1179· Fla. 3d DCA· 1998-06-17 ·cited 6×
  Juan Amador petitioned for habeas corpus after the trial court issued orders recommitting him and lodging a capias against him following dismissal of criminal charges for which he was found incompetent to stand trial. The court granted the petition and quashed the recommitment or
• Moody v. Campbell
  713 So. 2d 1032· Fla. 1st DCA· 1998-06-05 ·cited 6×
  The court held that a juvenile record does not shield an adult from pretrial detention if they are charged with a dangerous crime and pose a risk to the community.
• Allen v. State
  707 So. 2d 381· Fla. 5th DCA· 1998-02-20 ·cited 6×·via Habeas Corpus Proceedings
  John Harm Allen sought post-conviction relief under Florida Rule of Criminal Procedure 3.850, claiming ineffective assistance of counsel and requesting a belated appeal. The court dismissed the case without prejudice, holding that because Allen's belated appeal request was filed
• Myers v. Fla. Parole & Prob. Comm'n
  705 So. 2d 1000· Fla. 4th DCA· 1998-02-04 ·cited 6×
  Walter Myers appealed the summary denial of his habeas corpus/mandamus petition challenging the Florida Parole and Probation Commission's decision to suspend his presumptive parole release date. The court reversed the summary denial, finding that Myers stated a prima facie case t
• Gentzen v. State
  689 So. 2d 1178· Fla. 1st DCA· 1997-03-10 ·cited 6×
  The court held that it lacks jurisdiction to hear an appeal from a non-final order finding a defendant incompetent and committing her to a mental health facility.
• J.L. v. McCORMICK
  671 So. 2d 202· Fla. 2d DCA· 1996-03-20 ·cited 6×
• Milford Wade Byrd v. Singletary
  655 So. 2d 67· Fla.· 1995-01-26 ·cited 6×
  Milford Wade Byrd, a death row inmate, petitioned for habeas corpus relief claiming violations of his right to silence, ineffective appellate counsel, and other constitutional violations. The Florida Supreme Court denied relief, finding most claims procedurally barred and those o
• Barclay v. Hairy K. Singletary
  642 So. 2d 583· Fla. 3d DCA· 1994-08-17 ·cited 6×
  The court considers a petition for writ of habeas corpus alleging ineffective assistance of appellate counsel for failing to raise specific issues on direct appeal.
• Eason v. State
  632 So. 2d 191· Fla. 3d DCA· 1994-02-15 ·cited 6×
  William Charles Eason appeals the denial of his motion for postconviction relief following his conviction for aggravated assault with a firearm, robbery with a firearm, and firearm possession, and his sentencing as a habitual violent felony offender. The appellate court affirmed
• Ambrose v. State
  626 So. 2d 254· Fla. 5th DCA· 1993-10-01 ·cited 6×
  The court held that appellate counsel was ineffective for failing to raise an issue that had clear precedent for reversal, warranting vacating the sentence.
• Johnson v. Singletary
  625 So. 2d 1251· Fla. 3d DCA· 1993-09-14 ·cited 6×
  The court held that appellate counsel's deficient performance prejudiced the petitioner by failing to raise meritorious issues, entitling him to relief.
• Eluid Trevino-Casares v. U.S. Parole Comm'n
  992 F.2d 1068· 10th Cir.· 1993-04-28 ·cited 6×·via Habeas Corpus Review
  The court held that the Prisoner Transfer Treaty and related statutes require that service credits be applied to the domestic sentence imposed by the Commission, not the foreign sentence, and that the Commission's determination must be treated as a sentence for this purpose.
• Hamby v. State
  619 So. 2d 972· Fla. 5th DCA· 1993-01-15 ·cited 6×
• Derden v. Sheriff Sammie McNEEL & Attorney Gen. - State of Miss.
  978 F.2d 1453· 5th Cir.· 1992-12-16 ·cited 6×·via Habeas Corpus Review
• Meek v. State
  605 So. 2d 1301· Fla. 4th DCA· 1992-10-07 ·cited 6×
  Thomas Meek appeals a trial court order denying post-conviction relief based on transactional immunity under Florida Statutes section 914.04. The appellate court reverses and remands for an evidentiary hearing to determine whether Meek was factually entitled to immunity under the
• Markham Duff-Smith v. Collins
  973 F.2d 1175· 5th Cir.· 1992-09-17 ·cited 6×·via Federal Habeas Corpus
  The court held that a federal habeas petitioner is not entitled to relief based on claims of ineffective assistance of counsel, procedural default, insufficient evidence, or improper use of evidence, as these claims were either procedurally barred, lacked merit, or were based on
• Wright v. State
  604 So. 2d 1248· Fla. 4th DCA· 1992-09-02 ·cited 6×
  The court held that conflicting rulings on identical jury selection objections create manifest injustice, requiring a new trial.
• Selvage v. Collins
  972 F.2d 101· 5th Cir.· 1992-08-27 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner's Penry claims did not implicate actual innocence of the death sentence and were therefore foreclosed by precedent, requiring affirmance of the district court's dismissal.
• Martina v. State
  602 So. 2d 1334· Fla. 5th DCA· 1992-07-17 ·cited 6×
  This case addresses the constitutional and procedural impropriety of holding a defendant in jail without bond for 24 days on a domestic violence misdemeanor charge without filing formal criminal charges. The court disapproves of the institutional practice of denying bail in domes
• Roberts v. Singletary
  794 F. Supp. 1106· S.D. Fla.· 1992-06-05 ·cited 6×·via Federal Habeas Corpus
  The court held that the exclusion of evidence regarding the victim's prior sexual history was not a constitutional violation because the defense theory was not presented at trial and the defendant denied making the statement at issue. The court also found no ineffective assistanc
• Singleton v. A.L. Lockhart
  962 F.2d 1315· 8th Cir.· 1992-05-01 ·cited 6×·via Habeas Corpus Relief
  A defendant's knowing and intelligent waiver of the right to present mitigating evidence at the penalty phase of a capital trial is valid and forecloses challenges to the death sentence based on the failure to present such evidence.
• White v. Collins
  959 F.2d 1319· 5th Cir.· 1992-04-21 ·cited 6×·via Federal Habeas Corpus
  The court held that the petitioner failed to make a substantial showing of a denial of a federal right or a likelihood of success on the merits, thus denying his motions for a certificate of probable cause and a stay of execution.
• Ellis v. Collins
  956 F.2d 76· 5th Cir.· 1992-03-03 ·cited 6×·via Federal Habeas Corpus
  The court held that a petitioner seeking federal habeas relief based on newly discovered evidence of actual innocence must demonstrate that a constitutional violation prevented them from presenting this evidence earlier, and that claims not raised in the first federal habeas peti
• United States v. Cates
  952 F.2d 149· 5th Cir.· 1992-01-31 ·cited 6×
  The court held that the government did not breach the plea agreement and the defendant was not entitled to withdraw his plea, thus affirming the denial of his § 2255 motion.