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

• Brumit v. State
  971 So. 2d 205· Fla. 4th DCA· 2007-12-31 ·cited 4×
  Jody Brumit petitioned for habeas corpus relief after her conviction for aggravated child abuse was reversed on direct appeal and remanded for resentencing on the lesser offense of child abuse. The court granted her petition, holding that her similarly situated co-defendant Festa
• Foley v. State
  969 So. 2d 283· Fla.· 2007-10-25 ·cited 4×
  The Court dismissed the petition for writ of prohibition for lack of jurisdiction, holding that extraordinary writs cannot be used to circumvent jurisdictional requirements for discretionary review.
• Rodriguez v. Jenne
  963 So. 2d 933· Fla. 4th DCA· 2007-09-04 ·cited 4×
  The trial court lacked authority to deny bond without a properly filed motion for pretrial detention.
• Ricks v. State
  961 So. 2d 1093· Fla. 5th DCA· 2007-07-27 ·cited 4×
  A defendant's vague allegation of oversight is insufficient to require a hearing on a motion to set a new bond after failing to appear.
• Albritton v. White
  948 So. 2d 852· Fla. 2d DCA· 2007-01-31 ·cited 4×
  The trial court's blanket policy requiring personal appearance at arraignments, overriding the rule allowing written pleas, arbitrarily denied the defendant a privilege afforded by the rule.
• D.M. v. Dobuler
  947 So. 2d 504· Fla. 3d DCA· 2006-12-06 ·cited 4×
  Juvenile detainees challenge Miami-Dade's detention hearing procedures, alleging they were denied hearings within 24 hours of custody as required by Florida law. The court agrees, holding that Florida Statutes section 985.215(2) mandates detention hearings within 24 hours of when
• Porter v. State
  940 So. 2d 579· Fla. 1st DCA· 2006-10-30 ·cited 4×
  Tyler Porter appealed his conviction for violating probation after successfully completing a youthful offender boot camp. The appellate court reversed the trial court's denial of his habeas corpus petition, finding that Porter was entitled to immediate release because his current
• Williams v. State
  937 So. 2d 1142· Fla. 5th DCA· 2006-08-18 ·cited 4×
  A petition for writ of habeas corpus cannot be used to collaterally attack a criminal judgment and sentence, and the trial court lacked jurisdiction to review a judgment from another county.
• Smith v. State
  933 So. 2d 689· Fla. 5th DCA· 2006-07-21 ·cited 4×
• G.L. v. State
  917 So. 2d 342· Fla. 5th DCA· 2005-12-23 ·cited 4×
  G.L., a juvenile convicted of marijuana possession, petitioned for habeas corpus relief challenging his placement in Restrictiveness Level Six despite the Department of Juvenile Justice's recommendation for probation. The court denied the petition without prejudice due to an inad
• K.T.E. v. Lofthiem
  915 So. 2d 767· Fla. 2d DCA· 2005-12-09 ·cited 4×
  The trial court erred in ordering a juvenile into secure detention without making a specific finding of significantly changed circumstances as required by statute.
• Barnes v. Crosby
  909 So. 2d 534· Fla. 2d DCA· 2005-08-31 ·cited 4×
  The appellate court affirmed the dismissal of the habeas corpus petition, even though the trial court lacked jurisdiction, because the petition was an improper substitute for a postconviction motion.
• In re Commitment OF Jose A. Ortega. State of Fla. v. Ortega
  891 So. 2d 623· Fla. 2d DCA· 2005-01-26 ·cited 4×
  The State appealed a circuit court order releasing Jose Ortega from pretrial detention under Florida's Jimmy Ryce Act for sexually violent predators. The appellate court granted the petition for writ of certiorari and reversed, holding that the circuit court erroneously interpret
• Griffin v. McRAY
  890 So. 2d 341· Fla. 3d DCA· 2004-12-14 ·cited 4×
  Trial court lacked authority to sua sponte revoke pretrial release and increase bond without state motion and proper notice; habeas corpus granted and petitioner restored to original release conditions.
• Diaz v. State
  884 So. 2d 299· Fla. 2d DCA· 2004-08-18 ·cited 4×
  A trial court lacks statutory authority to impose a term of imprisonment as a sanction for violating a pretrial intervention program (PTI) agreement.
• Hernandez v. McCRAY
  879 So. 2d 60· Fla. 3d DCA· 2004-07-23 ·cited 4×
  Pedro Juan Hernandez petitioned for a writ of habeas corpus challenging his detention based on a positive drug test ordered by the trial judge without legal justification. The Florida District Court of Appeal granted the petition, finding the drug test was ordered without probabl
• Richardson v. Fla. Parole Comm'n
  871 So. 2d 1007· Fla. 1st DCA· 2004-04-20 ·cited 4×
  The court held that the circuit court did not depart from the essential requirements of law by not granting relief on a claim raised for the first time in a reply brief.
• Duckworth v. Dep't OF Corr. & Fla. Parole Comm'n
  867 So. 2d 550· Fla. 1st DCA· 2004-02-27 ·cited 4×
  The circuit court erred by denying Duckworth's habeas corpus petition without an order to show cause where he adequately alleged that the hearing examiner failed to subpoena two material witnesses for his conditional release revocation hearing.
• Crosby v. McNEAL
  865 So. 2d 617· Fla. 5th DCA· 2004-01-23 ·cited 4×
  James Crosby, secretary of the Department of Corrections, appeals a mandamus order requiring the department to credit McNeal with 308 days of tolled time on his 1995 conviction against his sentence for a 1996 conviction. The Fifth District quashed the order, holding that Evans v.
• Brown v. Crosby
  249 F. Supp. 2d 1285· S.D. Fla.· 2003-03-19 ·cited 4×
  The Court found that the Petitioner's waiver of his Miranda rights was not knowing and intelligent due to his severe intellectual deficits, and therefore his confession should have been suppressed.
• Morales v. State
  842 So. 2d 909· Fla. 3d DCA· 2003-02-26 ·cited 4×
  The court held that the trial court did not err in denying the petition for writ of habeas corpus.
• Reaves v. Crosby
  837 So. 2d 396· Fla.· 2003-01-09 ·cited 4×
  William Reaves, a death row inmate, petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The Florida Supreme Court denied the petition, finding that Reaves' claims either involved variants of issues already decided on direct appeal or were
• Waterhouse v. Moore
  838 So. 2d 480· Fla.· 2002-11-21 ·cited 4×
  Robert Brian Waterhouse, a death row inmate, petitioned the Florida Supreme Court for a writ of habeas corpus, asserting four claims of ineffective assistance of appellate counsel relating to his 1980 first-degree murder conviction and death sentence. The Court denied the petitio
• T.T. v. Enoc Esteves
  828 So. 2d 449· Fla. 4th DCA· 2002-10-16 ·cited 4×
  A juvenile petitioner sought habeas corpus relief challenging his detention beyond twenty-one days in a secure juvenile detention facility. The court held that the state's mere assertion of intent to file adult charges, without demonstrating how the nature of the charges requires
• Moore v. State
  820 So. 2d 442· Fla. 5th DCA· 2002-07-05 ·cited 4×
  Tyrone Moore sought habeas corpus relief, claiming his appellate counsel was ineffective for failing to challenge the trial court's denial of his request to proceed pro se. The court held that the trial court erred in denying Moore's self-representation request based on his perce
• Burley Gilliam v. State
  817 So. 2d 768· Fla.· 2002-02-07 ·cited 4×
  Burley Gilliam, sentenced to death for the 1988 conviction of first-degree murder and sexual battery, appealed the denial of his Rule 3.850 postconviction relief motion and filed a habeas petition. The Florida Supreme Court affirmed the denial of postconviction relief and the hab
• Peacock v. State
  798 So. 2d 909· Fla. 5th DCA· 2001-11-09 ·cited 4×
  Dana Peacock appeals the trial court's revocation of his supersedeas bond after his conviction for sexual offenses involving minors. The appellate court found that Peacock was not intentionally or willfully violating the electronic monitoring condition when he was released from j
• Martin v. Moore
  781 So. 2d 1172· Fla. 3d DCA· 2001-04-11 ·cited 4×
  Randy Steven Martin filed a successive petition for habeas corpus challenging his conviction and sentence. The Third District Court of Appeal denied the petition, finding that Martin was abusing the judicial process through repetitive and baseless filings, and directing the clerk
• Wilson v. Moore
  782 So. 2d 865· Fla.· 2001-03-22 ·cited 4×
  Jerry L. Wilson sought habeas corpus relief challenging the forfeiture of his prison gain time credits upon revocation of his control release. The Florida Supreme Court denied the petition, holding that Wilson waived any ex post facto claims by voluntarily accepting early release
• Rowe v. State
  765 So. 2d 94· Fla. 1st DCA· 2000-05-15 ·cited 4×
• MacARTHUR v. Moore
  756 So. 2d 232· Fla. 3d DCA· 2000-04-26 ·cited 4×
  The petition for writ of habeas corpus is denied because it was untimely filed and petitioner did not allege he was affirmatively misled by counsel.
• Fannin v. State
  751 So. 2d 158· Fla. 2d DCA· 2000-02-04 ·cited 4×
  Benjamin Fannin appeals the trial court's denial of his Rule 3.850 postconviction relief motion, challenging his conviction based on allegedly perjured testimony and his sentence of consecutive minimum mandatory sentences that exceeded the sentencing guidelines. The court reverse
• Larvictor Flournoy v. Moore
  752 So. 2d 35· Fla. 1st DCA· 2000-01-27 ·cited 4×
  The court held that a petition for writ of habeas corpus cannot be used to seek monetary damages or compel criminal charges.
• Williams v. Moore
  752 So. 2d 574· Fla.· 2000-01-13 ·cited 4×
  George Williams petitioned the Florida Supreme Court for a writ of habeas corpus seeking overcrowding credits under Lynce v. Mathis and Gomez v. Singletary. The court held that individualized factual determinations regarding credit eligibility are better suited for circuit courts
• Scott v. State
  747 So. 2d 1018· Fla. 3d DCA· 1999-12-15 ·cited 4×
  The court held that the trial court erred in imposing a general sentence for multiple counts and in failing to award sufficient credit for time served.
• Kerklin v. Godwin
  747 So. 2d 956· Fla. 2d DCA· 1999-07-21 ·cited 4×
  James Kerklin, an inmate in the Florida Department of Corrections, petitioned for habeas corpus to challenge a detainer placed by the Highlands County Sheriff seeking to return him to county jail to complete a two-year sentence after his DOC sentence. The Second District Court of
• Guerra-Villafane v. Singletary
  729 So. 2d 972· Fla. 3d DCA· 1999-03-17 ·cited 4×
  The court held that appellate counsel was ineffective for failing to raise the meritorious issue of an erroneous jury instruction on entrapment.
• Green v. State
  727 So. 2d 349· Fla. 5th DCA· 1999-02-19 ·cited 4×
  Moses Green, a former juvenile offender, appealed the denial of his habeas corpus petition challenging his 1991 plea to second-degree murder. The court affirmed, holding that Green's claims were barred by the two-year statute of limitations for Rule 3.850 motions and could not be
• Clark v. Manning
  721 So. 2d 793· Fla. 3d DCA· 1998-12-09 ·cited 4×
  The court held that the petitioner's unrebutted testimony and affidavit were sufficient to establish his inability to pay the purge amount, and incarceration was therefore improper.
• Lanorris D. Gordon v. State
  717 So. 2d 1069· Fla. 5th DCA· 1998-08-14 ·cited 4×
  The court affirmed the trial court's order summarily denying the motion for post-conviction relief.
• Brown v. State
  711 So. 2d 236· Fla. 5th DCA· 1998-05-29 ·cited 4×
  Brown petitioned for a writ of habeas corpus seeking a belated appeal of his 1995 convictions for aggravated battery with a firearm and attempted first degree murder, alleging his trial attorney failed to file an appeal he requested. The court granted the petition, finding the tw
• G.S. v. State
  709 So. 2d 122· Fla. 5th DCA· 1998-03-06 ·cited 4×
  Four juveniles on community control were found in indirect contempt for violating their orders and placed in secure detention. They petitioned for habeas corpus, arguing the court abused its discretion. The court upheld the contempt findings and detention, holding that Florida la
• Bridgett M. Conley v. Cannon
  708 So. 2d 306· Fla. 2d DCA· 1998-03-06 ·cited 4×
  The court held that the petition for a writ of habeas corpus must be denied because the controversy has been rendered moot by the vacation of the contempt order and resulting incarceration.
• Rozar v. State
  701 So. 2d 1201· Fla. 5th DCA· 1997-11-21 ·cited 4×
  Rozar petitioned for a belated appeal of a trial court's order denying his Rule 3.850 motion, claiming he had timely prepared and delivered a notice of appeal to the Department of Corrections for mailing but it was never received. The appellate court granted the petition, finding
• Verdis Whitehead v. McCAMPBELL
  700 So. 2d 135· Fla. 4th DCA· 1997-10-09 ·cited 4×
  The court held that the trial court erred in denying the petitioner's motion to set bond by applying an incorrect standard of proof.
• Cooper v. Fla. Parole Comm'n & The Dep't of Corr.
  691 So. 2d 521· Fla. 4th DCA· 1997-03-21 ·cited 4×
  Mark Cooper appeals the revocation of his conditional release on concurrent sentences, arguing that his early discharge on a grand theft charge should not have been revoked because that charge did not qualify for conditional release under the Conditional Release Act. The court ho
• Ramirez-Centeno v. Wallis
  957 F. Supp. 1267· S.D. Fla.· 1997-02-26 ·cited 4×
  The court held that petitioners are not in custody and therefore lack standing to seek a writ of habeas corpus, even if their underlying claims were meritorious.
• Lowery v. Lambdin
  687 So. 2d 55· Fla. 4th DCA· 1997-01-29 ·cited 4×
  Byron Lowery appealed an order denying his in forma pauperis motion and petition for writ of habeas corpus challenging his prison classification. The court reversed, holding that a prior sanction against Lowery in the appellate court cannot serve as precedent to deny filing right
• Marisita Nicholas v. Cochran
  673 So. 2d 882· Fla. 4th DCA· 1996-04-22 ·cited 4×
  The court held that the bail amount was excessive because it was increased without sufficient exploration of the defendant's assets or the purposes of bail.
• Washington v. State
  661 So. 2d 1294· Fla. 4th DCA· 1995-11-01 ·cited 4×
  The appellate court affirmed the trial court's denial of the defendant's petition for writ of habeas corpus.