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

• Ruiz v. Dep't OF Child. & Families
  212 So. 3d 431· Fla. 2d DCA· 2016-12-30 ·cited 5×
• Sylvester v. State
  175 So. 3d 813· Fla. 5th DCA· 2014-06-03 ·cited 5×
  Peter Sylvester sought habeas corpus relief challenging a $600,000 bond set by the trial court as unreasonable. The Fifth District Court of Appeal granted the petition and remanded, finding that the trial court failed to adequately consider Sylvester's financial resources when se
• Moore v. State
  137 So. 3d 611· Fla. 4th DCA· 2014-05-07 ·cited 5×
  David Moore appealed the dismissal of his habeas corpus petition challenging a detainer placed on him by the Martin County Sheriff's Office based on a contempt sentence imposed in 1995. The court reversed and remanded, instructing the trial court to treat the petition as a mandam
• Bratton v. Ryan
  133 So. 3d 1158· Fla. 3d DCA· 2014-02-21 ·cited 5×
  Brandon Bratton, charged with aggravated assault with a firearm and released on bond, was placed on no-bond status after failing to appear for a pretrial hearing. The Florida Court of Appeal granted his habeas corpus petition, holding that while the trial court properly revoked h
• Mabrey v. Fla. Parole Comm'n
  109 So. 3d 1264· Fla. 2d DCA· 2013-04-03 ·cited 5×
• Bronson v. State
  89 So. 3d 1089· Fla. 5th DCA· 2012-06-08 ·cited 5×
  Steve Bronson, a 64-year-old convicted felon arrested for a 1979 murder, was found incompetent to proceed in his criminal case due to stroke-related cognitive deficits with little probability of restoration. After the trial court's involuntary civil commitment order was quashed o
• Robenson v. McNEIL
  39 So. 3d 350· Fla. 1st DCA· 2010-06-04 ·cited 5×
  Louis Robenson, an inmate serving a life sentence, appealed the dismissal of his habeas corpus petition seeking deportation to Haiti rather than continued detention. The Florida First District Court of Appeal affirmed the dismissal, finding the petition legally frivolous and impo
• Tanesha Bannister v. Al Lamberti
  32 So. 3d 745· Fla. 4th DCA· 2010-04-20 ·cited 5×
  Tanesha Bannister petitions for habeas corpus challenging her pretrial detention order after failing to appear at arraignment. The Fourth District Court of Appeal grants the petition because the trial court failed to make an explicit finding that no further conditions of release
• Hutchinson v. State
  29 So. 3d 1228· Fla. 3d DCA· 2010-03-31 ·cited 5×·via Habeas Corpus Relief
  Tyrone Hutchinson appeals the denial of a motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800, claiming he should have been sentenced to five years (as promised in his 2001 plea agreement) rather than ten years (imposed in 2005 for violating commu
• Ortiz v. The Fla. Parole Comm'n
  15 So. 3d 941· Fla. 3d DCA· 2009-08-12 ·cited 5×
  The Florida Parole Commission had the authority to impose a curfew as a condition of conditional release for crimes committed in 1990.
• Dasher v. Attorney Gen., State of Fla., Jim Witt
  574 F.3d 1310· 11th Cir.· 2009-07-13 ·cited 5×·via Habeas Corpus Review
  Cornelius Dasher pleaded guilty to cocaine possession with intent to sell within 1000 feet of a church after his attorney advised him that a straight guilty plea would result in a sentence of approximately thirteen months, based on a favorable plea offer from the judge. The sente
• Peraza v. Bradshaw
  966 So. 2d 504· Fla. 4th DCA· 2007-10-18 ·cited 5×
  Christopher Peraza sought habeas corpus relief to reinstate bail that was revoked by his sentencing judge in a probation violation case. The court held that a sentencing judge has authority to revoke bail set by a first appearance judge in probation violation matters, and affirme
• Johnson v. State
  969 So. 2d 402· Fla. 4th DCA· 2007-10-17 ·cited 5×
  Shane Johnson appealed the dismissal of his habeas corpus petition, but the appellate court dismissed the appeal as untimely. Johnson filed his notice of appeal more than 30 days after the trial court's dismissal order, and his motion for rehearing was not timely filed, so it did
• Casimir v. McDONOUGH
  932 So. 2d 471· Fla. 3d DCA· 2006-06-07 ·cited 5×
  Jimmy Casimir sought a writ of habeas corpus claiming ineffective assistance of appellate counsel based on five alleged failures to raise meritorious claims. The Florida Third District Court of Appeal denied the petition, finding all of Casimir's claims of ineffective assistance
• Grace v. State
  920 So. 2d 719· Fla. 4th DCA· 2006-02-08 ·cited 5×·via Habeas Corpus Relief
• In the Interest of B.H. v. Dep't of Child. & Fam. Servs.
  893 So. 2d 639· Fla. 2d DCA· 2005-02-16 ·cited 5×
  The court held that the trial court erred in denying the mother's motion for relief from judgment solely on res judicata grounds regarding the notice issue, and that the motion should be treated as a petition for writ of habeas corpus to seek a belated appeal.
• Reyes v. McCRAY
  879 So. 2d 1269· Fla. 3d DCA· 2004-08-11 ·cited 5×
  Richard Reyes petitioned for a writ of habeas corpus after a trial court ordered him to submit to a drug test at his arraignment without legal authorization, and then revoked his bail when the test was positive. The appellate court granted the petition, holding that the court lac
• Knox v. State
  873 So. 2d 1250· Fla. 5th DCA· 2004-05-28 ·cited 5×
  The court held that relitigation of the ex post facto claim regarding forfeiture of gain time is barred by collateral estoppel because the issue was previously adjudicated and the appellant waived any such claim by accepting the benefits of control release.
• Bonner v. State
  866 So. 2d 163· Fla. 5th DCA· 2004-02-20 ·cited 5×
  The court held that the appellant's petition for writ of habeas corpus was premature and inappropriate because he was not entitled to immediate release or being held without lawful authority.
• Brown v. State
  863 So. 2d 1274· Fla. 1st DCA· 2004-01-23 ·cited 5×
  A trial judge must rule on a motion for disqualification before resolving any other matters, even if unaware of the pending motion.
• Calixtro v. McCRAY
  858 So. 2d 1079· Fla. 3d DCA· 2003-09-24 ·cited 5×
  Rogelio Calixtro petitioned for a writ of habeas corpus challenging the modification of his pretrial release conditions, arguing his original bond terms should be reinstated. The Florida District Court of Appeal affirmed the trial court's decision to increase his bond from $7,500
• G.P. v. Bessette
  831 So. 2d 1256· Fla. 1st DCA· 2002-12-16 ·cited 5×
  A juvenile petitioner challenges her detention pending placement in a residential psychiatric program as a condition of probation. The court granted her habeas corpus petition, holding that statutory detention limits apply even when a child is placed on probation rather than comm
• Weldon v. State
  831 So. 2d 1252· Fla. 5th DCA· 2002-12-13 ·cited 5×
  The court held that the lower court should have allowed the inmate time to file a reply to the Commission's response before reconsidering the matter.
• T.W. v. Jenne
  826 So. 2d 536· Fla. 4th DCA· 2002-10-04 ·cited 5×
  A 15-year-old child who misrepresented his age as 18 to secure adult bond sought habeas corpus relief and juvenile court treatment after being arrested for cocaine possession and resisting arrest. The court granted the writ, distinguishing the case from prior precedent because th
• Blake v. State
  180 So. 3d 89· Fla.· 2002-08-12 ·cited 5×
  Harold Blake, convicted of first-degree murder and sentenced to death for the 2002 shooting death of Maheshkumar Patel during an attempted robbery, appeals the denial of his postconviction motion to vacate his conviction and sentences and petitions for habeas corpus. The Florida
• Saucer v. State
  779 So. 2d 261· Fla.· 2001-01-25 ·cited 5×
  The Florida Supreme Court held that gain-time forfeiture sanctions under section 944.28(2)(a) cannot be applied in criminal or collateral criminal proceedings, including habeas corpus petitions challenging underlying convictions or sentences. The court clarified that the subject
• Cannon v. State
  763 So. 2d 1289· Fla. 5th DCA· 2000-08-25 ·cited 5×
• Williams v. Fla. Parole Comm'n
  760 So. 2d 959· Fla. 1st DCA· 2000-02-16 ·cited 5×
• Martin v. Jenne
  745 So. 2d 412· Fla. 4th DCA· 1999-10-27 ·cited 5×·via Habeas Corpus Relief
  Brandon Martin sought habeas corpus relief from a $50,000 bond set pending retrial on a burglary charge after his conviction was reversed. The court granted the petition, finding the bond excessive because the trial court failed to hold an evidentiary hearing on Martin's financia
• Lachandra Winters v. Jenne
  765 So. 2d 54· Fla. 4th DCA· 1999-06-11 ·cited 5×
• White v. Singletary
  711 So. 2d 640· Fla. 3d DCA· 1998-06-10 ·cited 5×
  The court granted the petition for a writ of habeas corpus, allowing a belated appeal for case number 93-1103, but denied it for case number 93-79.
• Derrik R. Sanders v. Singletary
  707 So. 2d 364· Fla. 1st DCA· 1998-02-13 ·cited 5×
  Derrik Sanders petitioned for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise a double jeopardy argument on direct appeal. The court denied the petition, holding that appellate counsel was not ineffective because the double jeopardy iss
• Hildebrand v. Singletary
  666 So. 2d 274· Fla. 4th DCA· 1996-01-17 ·cited 5×
• MEE v. Ortega
  967 F.2d 423· 10th Cir.· 1992-06-18 ·cited 5×
  Parole officers are entitled to qualified immunity, not absolute immunity, for decisions to detain parolees pending revocation hearings, and supervisors are not liable without a showing of personal involvement.
• Prieto v. Gluch
  913 F.2d 1159· 6th Cir.· 1990-09-11 ·cited 5×
  The court held that the prior litigation barred claims regarding § 1252(a) and jurisdiction, and that 8 U.S.C. § 1252(i) does not create a private cause of action for incarcerated aliens.
• Carey Dean Moore v. Clarke
  904 F.2d 1226· 8th Cir.· 1990-05-25 ·cited 5×·via Habeas Corpus Review
  The Nebraska Supreme Court's interpretation of Neb.Rev.Stat. § 29-2523(l)(d) provides sufficient guidance to prevent arbitrary imposition of the death penalty and is not unconstitutionally vague.
• Carroll F. Youngblood v. Lynaugh
  882 F.2d 956· 5th Cir.· 1989-09-08 ·cited 5×
• Hamill v. Wright
  870 F.2d 1032· 5th Cir.· 1989-04-26 ·cited 5×·via Federal Habeas Corpus
  The court affirmed the dismissal of the plaintiff's Section 1983 claims, finding he lacked standing for injunctive relief and that defendants were immune or had no duty to appoint counsel, but modified the dismissal of pendent state law claims to be without prejudice.
• Berryhill v. Zant
  858 F.2d 633· 11th Cir.· 1988-09-29 ·cited 5×·via Habeas Corpus Review
  The court held that the trial court's voir dire procedure was constitutionally inadequate to unearth prejudice given the significant possibility of prejudice from pretrial publicity.
• Francois v. Murray Henderson
  850 F.2d 231· 5th Cir.· 1988-07-26 ·cited 5×·via Habeas Corpus Relief
  The court held that the state trial judge's denial of release was not supported by the record and that the patient was not mentally ill or dangerous under Louisiana law, thus requiring deinstitutionalization. The court also noted that recent changes in Louisiana law may violate t
• Feigley v. Fulcomer
  833 F.2d 29· 3d Cir.· 1987-11-12 ·cited 5×·via Federal Habeas Corpus
  A prisoner's escape from custody constitutes a procedural waiver of the right to seek post-conviction relief, and this waiver bars federal habeas corpus review under the 'cause and prejudice' standard.
• Hathcock v. State
  492 So. 2d 756· Fla. 4th DCA· 1986-08-06 ·cited 5×
  The court held that a timely filed motion for rehearing tolls the time for filing a notice of appeal, making a subsequently filed notice of appeal timely once the motion is ruled upon.
• Renzi v. Commonwealth OF Va.
  794 F.2d 155· 4th Cir.· 1986-06-25 ·cited 5×·via Federal Habeas Corpus
  The court held that the prosecution's misleading conduct in failing to produce a key informant, despite promises, deprived the defendant of due process, entitling him to a writ of habeas corpus.
• Adams v. Evans
  788 F.2d 1493· 11th Cir.· 1986-05-09 ·cited 5×·via Habeas Corpus Review
  The court held that alleged violations of Title III concerning the territorial jurisdiction of the authorizing district attorney and judge are not cognizable on federal habeas corpus review because they do not implicate the core concerns of the statute.
• Smith v. United States Parole Comm'n
  752 F.2d 1056· 5th Cir.· 1985-02-11 ·cited 5×
  The court held that a federal prisoner's claim that the Parole Commission denied him equal protection by delaying the execution of a parole violator's warrant due to his inability to post bail is without merit and speculative.
• Carter v. Coleman
  443 So. 2d 491· Fla. 2d DCA· 1984-01-13 ·cited 5×
  Larry Carter, detained pursuant to Wisconsin extradition proceedings, challenged his rearrest on a Florida Governor's warrant after the trial court's dismissal of initial extradition proceedings. The court held that the trial court's dismissal only discharged the fugitive warrant
• Kreck v. Spalding
  721 F.2d 1229· 9th Cir.· 1983-12-13 ·cited 5×·via Federal Habeas Corpus
  The court held that the information was constitutionally defective for failing to adequately apprise the defendant of the charges, and that procedural default did not bar federal habeas review.
• Cherry v. Jago
  722 F.2d 1296· 6th Cir.· 1983-12-08 ·cited 5×·via Federal Habeas Corpus
  The court held that jury instructions imposing an equal burden of proof on the defendant for self-defense as the state has for proving murder constitutes a due process violation.
• Ashley v. State
  433 So. 2d 1263· Fla. 1st DCA· 1983-06-27 ·cited 5×
  Ashley was convicted of drug sales based on testimony from an undercover officer, but a critical confidential informant (Loggie) who was present at both transactions and could have exonerated him was removed from the state and made unavailable for trial. The court addresses wheth
• Johnson v. Carson
  569 F. Supp. 974· M.D. Fla.· 1983-03-08 ·cited 5×
  The court held that the Municipal Ordinance § 330.107 of the City of Jacksonville is unconstitutionally overbroad because it prohibits constitutionally protected conduct, such as freedom of association and movement, in violation of the First Amendment.