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

• Malgorzata Gornicka v. Immigr. & Naturalization Serv.
  681 F.2d 501· 7th Cir.· 1982-06-22 ·cited 5×·via Habeas Corpus Review
  Bond determinations made pursuant to 8 U.S.C. § 1252(a) and 8 C.F.R. § 242.2 are not directly appealable to the Courts of Appeals under 8 U.S.C. § 1105a.
• Pittman v. State
  401 So. 2d 934· Fla. 1st DCA· 1981-07-29 ·cited 5×
  The court held that the trial court properly denied the motion for post-conviction relief because the alleged errors were or should have been apparent on direct appeal, and affirmed the denial of the petition for writ of habeas corpus because there was no state action that frustr
• North v. State
  217 So. 2d 608· Fla. 1st DCA· 1969-01-21 ·cited 5×
  The appellate court quashed the appeal because the petition for a writ of habeas corpus failed to allege that the petitioner was in custody.
• Williams v. State OF Ala. & N. L. Hale
  403 F.2d 1019· 5th Cir.· 1968-12-02 ·cited 5×
  A sentence within statutory limits is generally not subject to constitutional challenge, even if increased upon retrial after a prior conviction was set aside, unless the increase constitutes a penalty for exercising post-conviction remedies.
• Rion v. Purdy
  212 So. 2d 304· Fla. 3d DCA· 1968-07-02 ·cited 5×
  The court held that the trial court did not err in dismissing the petition for writ of habeas corpus and remanding the appellant for rendition, as the extradition warrant was valid and supported by competent evidence.
• Schack v. State of Fla. & L. L. Wainwright
  202 So. 2d 824· Fla. 1st DCA· 1967-09-21 ·cited 5×
  Schack sought habeas corpus relief after completing his sentence in one case, requesting bail reduction in that case. The court affirmed the lower court's denial of the petition, finding that Schack was lawfully detained for serving sentences in two other cases and was not entitl
• Smith v. State
  180 So. 2d 675· Fla. 3d DCA· 1965-12-07 ·cited 5×
  The court held that a motion for relief under Criminal Procedure Rule No. 1 was properly summarily denied when the grounds raised had already been judicially determined to be without merit.
• Boyd W. COX, Jr. v. State
  180 So. 2d 467· Fla. 2d DCA· 1965-12-01 ·cited 5×
  Boyd Cox petitioned for habeas corpus to challenge his extradition to Tennessee on a criminal charge for failing to comply with a child support order. The court held that while the extradition did not meet the requirements of Florida's standard extradition statute (Chapter 941),
• Duckett v. Steiner
  332 F.2d 178· 4th Cir.· 1964-04-28 ·cited 5×
  The court held that a federal evidentiary hearing is unnecessary when a state post-conviction proceeding has already provided a full and fair hearing on the issue.
• United States v. Holton
  227 F.2d 886· 7th Cir.· 1955-12-06 ·cited 5×
  The dissenting judge believes the state court acted without authority by disregarding a Supreme Court mandate that had voided a conviction.
• Brown v. Frisbie
  178 F.2d 271· 6th Cir.· 1949-12-08 ·cited 5×
  The court held that the district court should have allowed the petitioner to present evidence supporting his factual allegations in his habeas corpus petition.
• Ex parte Aulday
  113 Fla. 70· Fla.· 1933-11-28 ·cited 5×
  Harry Aulday petitioned for habeas corpus relief, claiming the trial judge was disqualified due to prejudice after the judge refused to recuse himself when challenged under Florida law. The Florida Supreme Court held that habeas corpus is not the proper remedy to challenge a tria
• Wallace v. State
  390 So. 3d 1· Fla. 1st DCA· 2024-10-30 ·cited 4×
  Michael Wallace seeks a writ of habeas corpus claiming manifest injustice based on the First District Court of Appeal's recent decision in State v. Rogers regarding the Statewide Prosecutor's authority under the Federal Wiretap Act. Wallace argues he is entitled to relief because
• Jones v. State
  279 So. 3d 342· Fla. 5th DCA· 2020-01-23 ·cited 4×
  The court held that appellate counsel was ineffective for failing to argue that the automobile exception did not apply to the warrantless search of the vehicle, and that such an argument would have succeeded on appeal.
• Dameon Tremayne Moore v. State of Fla. & Cornita A. Riley
  247 So. 3d 672· Fla. 5th DCA· 2018-05-23 ·cited 4×
  Dameon Moore, detained pending trial on aggravated stalking and pretrial release violation charges, sought habeas corpus relief after the trial court denied his bail reduction motion without a hearing, labeling it "legally insufficient." The Florida District Court of Appeal, Fift
• Tysheona Smith v. State of Fla. & Cornita A. Riley
  247 So. 3d 77· Fla. 5th DCA· 2018-05-11 ·cited 4×
  Tysheona Smith, found incompetent to proceed and arrested on new charges while on conditional release, petitioned for habeas corpus to challenge her pretrial detention. The court granted the petition, holding that when an incompetent defendant on conditional release commits a new
• Robert E. Banks v. Jones
  232 So. 3d 963· Fla.· 2017-12-21 ·cited 4×
  The Florida Supreme Court resolved a certified conflict between district courts on whether inmates may use habeas corpus petitions to challenge close management housing assignments. The Court held that habeas corpus remains the proper vehicle for such challenges when the assignme
• Moise Harvey v. State
  238 So. 3d 353· Fla. 3d DCA· 2017-11-22 ·cited 4×
  The court held that the trial court erred in ordering pretrial detention without sufficient evidence of willfulness and without considering less onerous conditions of release.
• Mendoza v. State
  224 So. 3d 836· Fla. 3d DCA· 2017-08-09 ·cited 4×
  Salvador Mendoza petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel, but the Florida District Court of Appeal dismissed the petition as procedurally barred because it was filed more than four years after his judgment and sentence became fi
• Bailey v. Jones
  225 So. 3d 776· Fla.· 2017-07-06 ·cited 4×
  Robert J. Bailey seeks habeas corpus relief from his death sentence under Hurst v. Florida, which requires jury unanimity in recommending capital punishment. The Florida Supreme Court grants the petition, finding that Bailey's 11-1 jury recommendation violates Hurst and the error
• Knight v. State
  213 So. 3d 1019· Fla. 1st DCA· 2017-02-21 ·cited 4×
  Brittany Knight, a daycare worker charged with aggravated manslaughter of a child, petitioned for a writ of habeas corpus challenging her $250,000 bail as excessive. The Florida First District Court of Appeal denied her petition, holding that she failed to meet her burden of prov
• Lancelot Uriley Armstrong v. State
  211 So. 3d 864· Fla.· 2017-01-19 ·cited 4×
  The Florida Supreme Court vacated Armstrong's death sentence and remanded for a new penalty phase, finding that because the jury's 9-3 recommendation was made under the sentencing scheme invalidated by Hurst v. Florida, the harmless error standard required reversal since the cour
• Kenitra Monae Casper v. State
  187 So. 3d 255· Fla. 1st DCA· 2016-02-10 ·cited 4×·via Habeas Corpus Proceedings
• Jerone Hunter v. State
  175 So. 3d 699· Fla.· 2015-04-30 ·cited 4×
  Jerone Hunter appeals the denial of his Rule 3.851 motion for postconviction relief in a capital murder case involving the brutal murders of six victims in Deltona, Florida. The Florida Supreme Court affirms the trial court's denial of Hunter's ineffective assistance of counsel c
• Zommer v. State
  160 So. 3d 368· Fla.· 2015-01-15 ·cited 4×
  Todd Zommer was convicted of first-degree murder and sentenced to death for killing a 77-year-old woman. On postconviction appeal, Zommer challenged his death sentence on multiple grounds, including claims of ineffective assistance of trial counsel and constitutional challenges t
• Quinten Walden v. State
  162 So. 3d 84· Fla. 4th DCA· 2014-10-01 ·cited 4×·via Habeas Corpus Relief
  The court granted habeas corpus relief, vacated the conviction, and remanded for a new trial because denying the petitioner the same remedy as in a prior, related case would be manifestly unjust.
• Rolland A. Shultz v. State
  136 So. 3d 1232· Fla. 2d DCA· 2014-04-16 ·cited 4×
  Rolland Shultz appeals the denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a). The court reverses, finding that Shultz's 99-year sentence imposed upon probation revocation was illegal because, as a youthful offender, he could hav
• Saravia v. FOR Miami-Dade Cnty.
  129 So. 3d 1163· Fla. 3d DCA· 2014-01-02 ·cited 4×
  The State must show good cause, such as changed circumstances or new information, to modify bail or conditions of release set at a first appearance hearing.
• Shernerd Richardson v. Cervone
  116 So. 3d 449· Fla. 1st DCA· 2013-02-08 ·cited 4×
  The court held that the petitioner is barred from future pro se filings concerning his judgments and sentences due to abuse of the legal process and violation of a prior sanction order.
• Carlo Woodson v. State
  100 So. 3d 222· Fla. 3d DCA· 2012-10-31 ·cited 4×
  The court held that a pro se litigant's right to access the courts is not unfettered and can be forfeited due to abuse by filing successive, meritless claims.
• Desue v. Tucker
  100 So. 3d 151· Fla. 1st DCA· 2012-10-12 ·cited 4×
  The Florida Court of Appeal affirmed and expanded sanctions against a pro se litigant who violated a prior prohibition on filing pleadings in a specific case. The court barred the petitioner from all future pro se filings in the appellate court and referred him for disciplinary p
• Darrelle M. Johnson v. State
  114 So. 3d 205· Fla. 5th DCA· 2012-10-12 ·cited 4×
  The court held that the issues raised by the appellant were not cognizable in a habeas corpus petition because they should have been raised on direct appeal.
• Martinez v. State
  98 So. 3d 1190· Fla. 3d DCA· 2012-08-08 ·cited 4×
  A fundamentally erroneous jury instruction, even if it shifts the burden of proof, is waived if trial counsel affirmatively accepts the instruction.
• D.M. v. State
  84 So. 3d 1242· Fla. 2d DCA· 2012-04-13 ·cited 4×
  The court held that the appeal of the disposition orders was untimely and dismissed, but the denial of the motions to withdraw the pleas was reversed.
• Bush v. State
  74 So. 3d 130· Fla. 1st DCA· 2011-09-27 ·cited 4×
  Anthony Bush petitioned for habeas corpus to challenge a pretrial detention order entered after he had been admitted to bail at his first appearance hearing. The court held that the state's motion for pretrial detention, filed after bail was set, must satisfy the "good cause" req
• Niklas Prokopishen v. State
  82 So. 3d 1046· Fla. 4th DCA· 2011-09-14 ·cited 4×
  Niklas Prokopishen challenges the trial court's revocation of his bond following his failure to appear for a hearing. The appellate court grants the habeas petition in part, finding that the trial court failed to make necessary factual findings regarding willfulness and alternati
• T.K.B. v. Stepheny Durham
  63 So. 3d 60· Fla. 1st DCA· 2011-05-18 ·cited 4×
  A child petitioner sought habeas corpus relief to challenge her secure detention pending a juvenile delinquency proceeding. The court granted the petition, finding that the Department of Juvenile Justice improperly scored the Risk Assessment Instrument (RAI) by awarding points fo
• In re Commitment OF Joseph W. Finfrock. Joseph W. Finfrock v. Fla. Civil Commitment Ctr.
  28 So. 3d 983· Fla. 2d DCA· 2010-03-05 ·cited 4×
  The appellate court reversed a trial court's dismissal of a habeas corpus petition filed by a detainee awaiting involuntary civil commitment. The court held that the detainee's allegations of being placed in restrictive confinement as punishment for a disciplinary infraction stat
• Rigby v. State
  29 So. 3d 390· Fla. 5th DCA· 2010-03-02 ·cited 4×
• Franklin v. State
  25 So. 3d 645· Fla. 1st DCA· 2009-12-31 ·cited 4×
  The Florida Court of Appeal denied Leon Franklin Jr.'s petition for writ of habeas corpus challenging his 1995 convictions and sentences for first-degree murder and shooting into a dwelling, finding the petition frivolous and imposing sanctions limiting his ability to file pro se
• D.F. v. Housel
  10 So. 3d 694· Fla. 4th DCA· 2009-05-21 ·cited 4×
  D.F., a minor detained for assault with intent to do violence in a domestic violence context, petitioned for habeas corpus relief. The Florida appellate court granted the petition because, although the trial court's oral findings were supported by competent evidence, the applicab
• M.A.M. v. Vurro
  2 So. 3d 388· Fla. 2d DCA· 2009-01-07 ·cited 4×
  M.A.M., a juvenile charged with misdemeanor domestic violence battery, sought habeas corpus relief from secure detention. The court held that Florida law limits secure detention to a total of 21 days from the first court detention hearing, and M.A.M.'s detention beyond that perio
• Wickham v. State
  998 So. 2d 593· Fla.· 2008-12-23 ·cited 4×
  Jerry Michael Wickham, sentenced to death for a 1986 murder during a robbery on Interstate 10, appealed a postconviction court's denial of his Rule 3.851 motion for relief. The Florida Supreme Court reversed and remanded because the postconviction judge erred in denying Wickham's
• Zack v. Crosby
  607 F. Supp. 2d 1291· N.D. Fla.· 2008-11-17 ·cited 4×·via Federal Habeas Corpus
  A new constitutional right recognized by the Supreme Court, even if retroactively applicable, only revives claims based on that specific right and does not revive previously time-barred claims.
• Lathio Jenkins v. State
  6 So. 3d 71· Fla. 3d DCA· 2008-11-05 ·cited 4×
  The court held that habeas corpus and a motion to dismiss are improper remedies for the alleged defect in the information, and the claim is without merit and waived.
• Barrera v. Fla. Parole Comm'n
  987 So. 2d 810· Fla. 1st DCA· 2008-08-12 ·cited 4×
• Cepero v. Mascara
  981 So. 2d 671· Fla. 4th DCA· 2008-05-21 ·cited 4×
  Petitioner challenged a trial court's bond order setting bail at $270,000 for drug and racketeering charges. The appellate court granted the writ of habeas corpus, finding the bond amount unsupported by evidence of petitioner's ability to pay, though remanding for the trial court
• Hicks v. State
  979 So. 2d 360· Fla. 5th DCA· 2008-04-11 ·cited 4×
• Dep't OF Child. & Families v. B.N. & State of Fla.
  979 So. 2d 1110· Fla. 4th DCA· 2008-04-09 ·cited 4×
  The court held that trial court orders compelling immediate placement of a juvenile for competency restoration services were improper and violated separation of powers, and that a juvenile whose detention hold expired should be released.
• Bedford v. State
  970 So. 2d 935· Fla. 4th DCA· 2008-01-02 ·cited 4×
  Mark Bedford appeals the summary denial of his rule 3.850 postconviction motion challenging a conviction for delivery of a counterfeit controlled substance, arguing the conviction constitutes fundamental error because he was convicted of an uncharged crime. The Fourth District af