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

• Albert ex rel. Ravin v. Goguen
  141 F.2d 302· 1st Cir.· 1944-03-14 ·cited 4×
  A federal court may deny a petition for a writ of habeas corpus when the petitioner is in custody awaiting trial for violating the Selective Training and Service Act, as the custody is lawful under precedent.
• Widmer v. Johnston
  136 F.2d 416· 9th Cir.· 1943-06-11 ·cited 4×
  The court affirmed the denial of the writ of habeas corpus, finding that the appellant was not denied his constitutional right to counsel and that his guilty pleas were voluntary.
• Espino v. Wixon
  136 F.2d 96· 9th Cir.· 1943-05-27 ·cited 4×
  The court held that a petitioner claiming U.S. citizenship, supported by evidence, is entitled to a judicial trial on that claim when facing deportation.
• The State of Fla. ex rel. Jesse Cohen v. Wingate
  85 Fla. 42· Fla.· 1923-01-10 ·cited 4×
  Jesse Cohen petitioned for habeas corpus claiming wrongful detention by the Sheriff of Manatee County after his criminal trial was continued. The Florida Supreme Court held that while the bond amount may have been excessive, Cohen was not entitled to discharge without bail, and t
• Ex parte Edmondson
  68 Fla. 53· Fla.· 1914-06-30 ·cited 4×
  In this habeas corpus proceeding, the Florida Supreme Court discharged petitioners who were held in contempt for causing executions to be levied on logs that had already been sold and delivered by a court-appointed receiver to a purchaser. The court held that levying executions o
• Ex parte Robert W. White. On Petition for a Mandamus
  4 Fla. 165· Fla.· 1851-01-01 ·cited 4×
  The Florida Supreme Court considered whether it had original jurisdiction to issue a writ of mandamus. The Court held that its original jurisdiction is limited to issuing certain remedial writs to maintain general superintendence and control over other courts, and not for general
• Lorusso v. State
  2025 WL 1592302· N.D. Fla.· 2025-06-30 ·cited 3×
  The court held that the petition for writ of habeas corpus should be dismissed as duplicative of a pending petition.
• Leach v. State
  406 So. 3d 272· Fla. 3d DCA· 2025-01-02 ·cited 3×
  A habeas corpus petition based on claimed manifest injustice in a 1985 conviction does not qualify for relief absent circumstances falling within the narrow category of manifest injustice exceptions.
• Lucious Boyd v. Sec'y, Dep't of Corr.
  114 F.4th 1232· 11th Cir.· 2024-08-28 ·cited 3×·via Federal Habeas Corpus
  A district court lacks jurisdiction to grant a motion to amend a federal habeas petition after a final judgment has been entered and an appeal is pending, as such a motion is properly characterized as a second or successive petition requiring prior authorization from the court of
• Williams v. Dixon
  N.D. Fla.· 2024-02-12 ·cited 3×·via Federal Habeas Corpus
  The court held that the case should be dismissed because the claims are barred by the statute of limitations and the plaintiff failed to fully disclose his litigation history.
• Ingram v. Warden, Holman Correctional Facility
  80 F.4th 1304· 11th Cir.· 2023-09-06 ·cited 3×·via Federal Habeas Corpus
  The Eleventh Circuit affirmed the denial of federal habeas corpus relief, holding that the state court's determination that the petitioner failed to demonstrate prejudice from his attorneys' alleged ineffective assistance was not an unreasonable application of Supreme Court prece
• N.H. v. State
  358 So. 3d 477· Fla. 5th DCA· 2023-03-27 ·cited 3×
  There was sufficient probable cause to find that a minor violated Florida Statute 836.10(2)(a) by placing a written threat to kill on her desk in a public school classroom in plain view of a teacher. The statute prohibits sending, posting, or transmitting a written threat in any
• Garcia v. Junior
  325 So. 3d 220· Fla. 3d DCA· 2021-07-14 ·cited 3×·via Habeas Corpus Relief
  Alex Garcia, a 16-year-old with a learner's permit, was charged with four counts of DUI manslaughter after driving his mother's vehicle at excessive speeds and causing a fatal crash that killed four occupants of another vehicle. The trial court ordered pretrial detention, and Gar
• Cleve Alexis Frederick v. State
  301 So. 3d 354· Fla. 2d DCA· 2021-05-21 ·cited 3×
  The appellate court reviewed a trial court's order denying a motion to modify bail conditions, specifically GPS monitoring costs. The court converted the petition to a writ of habeas corpus and ultimately denied relief, finding no abuse of discretion by the trial court.
• Zuberlon Lenard Williams v. State
  Fla. 1st DCA· 2020-11-04 ·cited 3×·via Habeas Corpus Relief
  The court granted a petition for writ of habeas corpus, vacating a prior sentence. The petitioner argued his sentence was improperly based on a prior felony conviction for which he did not serve state prison time, a situation later clarified by the Florida Supreme Court.
• Shavis Johnson v. State
  277 So. 3d 123· Fla. 4th DCA· 2019-05-01 ·cited 3×
  Defendant Shavis Johnson petitioned for habeas corpus challenging revocation of his pretrial bond in two 2018 cases after his arrest on new charges in 2019. The trial court revoked his bond despite a first appearance judge's earlier decision not to revoke it. The court held that
• Flaherty v. State
  266 So. 3d 1187· Fla. 4th DCA· 2019-03-27 ·cited 3×
  Appellate counsel is ineffective when failing to raise on direct appeal a trial court's failure to conduct a competency hearing after ordering a competency evaluation, which constitutes fundamental error.
• Lonzo Lee Sparrow, Jr. v. State
  240 So. 3d 841· Fla. 5th DCA· 2018-03-07 ·cited 3×
  The Florida Fifth District Court of Appeal granted a habeas corpus petition challenging a trial court's authority to detain a defendant pending a hearing on the source of bail funds (a Nebbia hold). The court held that while trial courts may inquire into the source of bail funds
• Guerry Wayne HERTZ v. Jones
  218 So. 3d 428· Fla.· 2017-05-18 ·cited 3×
  Hertz petitions for habeas corpus relief from his death sentence for two murders committed during a home invasion, robbery, and arson in 1997. The Florida Supreme Court grants relief, vacating his death sentence and remanding for a new penalty phase because his jury's 10-2 recomm
• Caylor v. State
  218 So. 3d 416· Fla.· 2017-05-18 ·cited 3×
  Matthew Lee Caylor was convicted of first-degree murder and sentenced to death for the 2008 murder of 13-year-old Melinda Hinson. The Florida Supreme Court affirmed the conviction but vacated the death sentence, finding that Florida's death penalty scheme as applied to Caylor vio
• Thomas v. State
  208 So. 3d 326· Fla. 5th DCA· 2017-01-11 ·cited 3×
  The court held that a trial court cannot deny bond when the state has not filed a motion for pretrial detention and the charged offenses are not capital or life felonies.
• Page v. State
  201 So. 3d 207· Fla. 5th DCA· 2016-09-30 ·cited 3×·via Habeas Corpus Relief
  Jonathan Page seeks habeas corpus relief after being convicted of second-degree murder in 2010 using a fundamentally flawed jury instruction on manslaughter by act. The Florida Supreme Court later determined in Montgomery that this instruction was erroneous because it incorrectly
• Corner v. State
  218 So. 3d 922· Fla. 3d DCA· 2016-07-27 ·cited 3×
  Lawrence Corner appealed the trial court's denial of his motion to file a petition for writ of habeas corpus challenging his 2001 convictions for kidnapping and sexual battery. The court affirmed the denial, finding that Corner was attempting to use habeas corpus as a disguised r
• Davis v. State
  197 So. 3d 615· Fla. 5th DCA· 2016-07-15 ·cited 3×
  Florida appellate court granted habeas corpus petition where juries convicted defendant of robbery with a firearm but made special findings he did not possess a firearm, creating an inconsistent verdict that constituted manifest injustice.
• Godinez v. State
  192 So. 3d 1289· Fla. 4th DCA· 2016-06-29 ·cited 3×·via Habeas Corpus Relief
  The court held that appellate counsel was ineffective for failing to raise an issue that led to a co-defendant's conviction being reversed, entitling the petitioner to a new appeal.
• Tai A. Pham v. State
  177 So. 3d 955· Fla.· 2015-11-05 ·cited 3×
  Tai Pham appealed the circuit court's denial of his motion to vacate his death sentence filed under Florida Rule of Criminal Procedure 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the lower court's denial of postconviction relief and denied
• Wilfredo A. Zelaya v. Sec'y, Fla. Dep't OF Corr., Warden, Okeechobee Corr. Inst.
  798 F.3d 1360· 11th Cir.· 2015-08-24 ·cited 3×·via Federal Habeas Corpus
  Wilfredo Zelaya, a Honduran citizen convicted of illegal reentry after deportation under 8 U.S.C. § 1326(a), (b)(2), filed a pro se habeas petition under 28 U.S.C. § 2241 challenging his conviction on the ground that his deportation order was unlawful. The Eleventh Circuit affirm
• Fritz Thermidor, Jr. v. State
  146 So. 3d 95· Fla. 5th DCA· 2014-08-28 ·cited 3×
  Fritz Thermidor Jr. petitioned for a writ of habeas corpus challenging the trial court's denial of bail on a robbery with a firearm charge. The appellate court granted the petition, finding that the State failed to establish that guilt was evident or the presumption was great, as
• State v. Manning
  121 So. 3d 1083· Fla. 4th DCA· 2013-08-07 ·cited 3×
  The trial court erred in vacating the convictions because the appellate court's prior ruling on the defendant's claims constituted law of the case, and the claims were time-barred and successive under the relevant rules.
• Osborne v. Tucker
  80 So. 3d 413· Fla. 1st DCA· 2012-02-14 ·cited 3×
  James Osborne sought certiorari review of an order dismissing his habeas corpus petition challenging the Department of Corrections' calculation of his release date. The appellate court reversed the dismissal, finding the trial court erred by dismissing the petition on non-merits
• Abel Smith v. State
  82 So. 3d 823· Fla. 4th DCA· 2011-03-16 ·cited 3×
  Abel Smith petitioned for a writ of habeas corpus claiming he was illegally incarcerated and entitled to relief granted to his co-defendant based on a defective probable cause affidavit. The court denied the petition after discovering that Smith's supporting documents, including
• Quarles v. State
  56 So. 3d 857· Fla. 1st DCA· 2011-03-02 ·cited 3×
  The court held that a complaint for a writ of habeas corpus, alleging completion of a court-imposed sentence, is facially sufficient to state a prima facie case for relief, even if the sentence expiration is due to gain time awards.
• Shernerd Richardson v. State
  70 So. 3d 609· Fla. 1st DCA· 2011-01-24 ·cited 3×
  The court held that the petitioner's repeated filings constitute an abuse of process and barred him from future pro se filings concerning his conviction.
• State v. S.S.
  40 So. 3d 6· Fla. 4th DCA· 2010-06-16 ·cited 3×
  The State appealed a trial court order vacating a juvenile's no-contest plea and setting aside her judgment and sentence. The appellate court found it lacked statutory jurisdiction to hear the State's direct appeal but treated it as a petition for writ of certiorari, which it den
• Epps v. McNEIL
  37 So. 3d 923· Fla. 1st DCA· 2010-06-09 ·cited 3×
• Espinal v. Ryan
  31 So. 3d 818· Fla. 3d DCA· 2010-01-26 ·cited 3×·via Habeas Corpus Relief
  Marcos Espinal seeks habeas relief after his bond was revoked and an alias capias issued because he arrived fifteen minutes late to a scheduled court appearance. The court grants the petition, finding the tardiness was unintentional and minimal, and that depriving Espinal of libe
• Young v. McNEIL
  23 So. 3d 1263· Fla. 3d DCA· 2009-12-30 ·cited 3×
• Diaz v. State
  8 So. 3d 1144· Fla. 3d DCA· 2009-06-05 ·cited 3×
  Reinaldo Diaz petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel over ten years after his conviction became final. The court dismissed the petition as untimely under Florida Rule of Appellate Procedure 9.141(d)(5), which imposes strict tim
• Miller v. Murrah
  14 So. 3d 1019· Fla. 5th DCA· 2009-05-15 ·cited 3×
• S.B. v. Parkins
  10 So. 3d 207· Fla. 1st DCA· 2009-04-16 ·cited 3×
  A minor child petitioned for habeas corpus relief after being held in secure detention beyond the statutory 21-day limit without an adjudicatory hearing having commenced. The Florida appellate court granted the writ, holding that the trial court lacked statutory authority to exte
• Curry v. State
  7 So. 3d 633· Fla. 3d DCA· 2009-04-15 ·cited 3×
  The appellate court affirmed the trial court's order denying the petition for writ of habeas corpus, clarifying that the denial was without prejudice.
• Chay Alexander v. Broward Cnty. Sheriff's Off. & Al Lamberti
  6 So. 3d 707· Fla. 4th DCA· 2009-04-01 ·cited 3×·via Habeas Corpus Relief
  The Fourth District Court of Appeal granted habeas corpus relief and reduced an excessive bond of $1,251,100 for a defendant charged with drug trafficking offenses, finding the amount unreasonable given his modest income, lack of assets, community ties, and no flight risk.
• Johnson v. State
  3 So. 3d 426· Fla. 4th DCA· 2009-02-18 ·cited 3×
• Batista v. State
  993 So. 2d 93· Fla. 5th DCA· 2008-10-10 ·cited 3×
  While jurisdiction may lie in Orange County, the petition was properly dismissed as an improper, successive, and time-barred collateral attack on the conviction and sentence.
• Tarver v. Fla. Parole Comm'n
  990 So. 2d 577· Fla. 3d DCA· 2008-07-30 ·cited 3×
• Smith v. Fla. Parole Comm'n
  971 So. 2d 1028· Fla. 1st DCA· 2008-01-10 ·cited 3×
  The court held that the Parole Commission's revocation of parole was improper without a finding that the violation was willful.
• Cooper v. State
  970 So. 2d 368· Fla. 3d DCA· 2007-10-17 ·cited 3×
  The denial of the petition for a writ of habeas corpus is affirmed, but without prejudice to refile in the proper venue and form.
• Baehren v. State
  962 So. 2d 417· Fla. 4th DCA· 2007-08-20 ·cited 3×
  The court held that the trial court must hold an evidentiary hearing to determine if probable cause for a new offense still exists after the state filed a 'no information' and victims recanted.
• Johnson v. Fla. Parole Comm'n
  958 So. 2d 1109· Fla. 1st DCA· 2007-06-21 ·cited 3×
  The court held that the circuit court erred by not requiring a finding of willful violation before revoking conditional release.
• Starling v. Fla. Parole Comm'n
  959 So. 2d 753· Fla. 1st DCA· 2007-04-19 ·cited 3×