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

• Duchein v. Cochran
  127 So. 2d 97· Fla.· 1961-02-22 ·cited 3×
  The court held that the petitioner was lawfully held under lawful trial and commitment, and that his claims of denial of jury trial and counsel were not supported by the record.
• Donaldson v. Cochran
  117 So. 2d 738· Fla.· 1960-02-05 ·cited 3×
  The court held that a statute permits conditioning a habeas corpus discharge on posting a bond to guarantee appearance for appellate review.
• Clay Sims v. Alvis
  242 F.2d 506· 6th Cir.· 1957-03-29 ·cited 3×
  The court held that the habeas corpus petition should be transferred to the district court for a determination of whether state remedies have been exhausted.
• Marion v. United States
  164 F.2d 158· 9th Cir.· 1947-11-03 ·cited 3×
  The court held that the denial of motions for a writ of habeas corpus and for appointment of counsel during new trial proceedings are not final decisions and thus not immediately appealable.
• Ruffie Lundon v. Chapman
  151 Fla. 336· Fla.· 1942-09-25 ·cited 3×
  Ruffie Lundon petitioned for a writ of habeas corpus to prevent his execution by electrocution under a 1941 Florida statute. The Florida Supreme Court denied the petition, holding that the statute was constitutional and that issues previously determined at trial cannot be relitig
• Daoud v. City OF Miami Beach
  150 Fla. 395· Fla.· 1942-04-14 ·cited 3×
  The Florida Supreme Court granted a writ of habeas corpus to A. Joseph Daoud, who was convicted under Miami Beach ordinances that the Court found unconstitutional and violated his non-conforming use rights under the original zoning ordinance. The Court held that Daoud, having lea
• State ex rel. Frank M. Hamilton v. Worth W. Trammell
  146 Fla. 10· Fla.· 1941-01-31 ·cited 3×·via Habeas Corpus Proceedings
  The Florida Supreme Court quashed a rule nisi in prohibition, holding that a circuit court has the power to find a party in contempt, even if that finding is erroneous and subject to review by habeas corpus. The court found that prohibition was not the proper remedy to challenge
• Stokes v. Scott
  138 Fla. 235· Fla.· 1939-05-23 ·cited 3×·via Habeas Corpus Review
  The court reviewed a contempt conviction based on allegations that J. Ed Stokes attempted to bribe a grand jury foreman. The court found the evidence insufficient to support the contempt charge and ordered Stokes's discharge unless legally sufficient evidence was presented.
• State ex rel. John B. Meredith & M. C. Driggers v. Borman
  138 Fla. 149· Fla.· 1939-05-19 ·cited 3×
  The Florida Supreme Court held that a Palm Beach ordinance prohibiting picketing and assembly to induce others to refrain from patronizing a business was unconstitutional as beyond the town's charter power to regulate peaceable assembly and free speech. The ordinance was void bec
• State v. Hurley
  132 Fla. 892· Fla.· 1938-06-22 ·cited 3×·via Habeas Corpus Proceedings
  This case concerns a father's right to custody of his children after being declared sane and restored to liberty. The court found that a prior ruling on the fitness of a guardian for the children did not definitively settle the father's right to custody.
• Ex parte Acree
  110 Fla. 373· Fla.· 1933-06-01 ·cited 3×·via Habeas Corpus Proceedings
  Perry Acree sought habeas corpus discharge from a murder conviction, arguing the grand jury that indicted him was improperly recalled after the court term had adjourned. The Florida Supreme Court rejected this challenge, holding that the court's recess (not adjournment sine die)
• Pleadro J. Scott v. Warden Mr. Ronnie Quinn
  Fla. 3d DCA· 2026-03-25 ·cited 2×
  The petition for a writ of habeas corpus is dismissed as untimely.
• Bravo-Diaz v. Warden Matthew Mordant
  2025 WL 3442706· M.D. Fla.· 2025-12-16 ·cited 2×
  The court held that the petitioner is detained under 8 U.S.C. § 1226(a) and is entitled to a bond hearing. The court has jurisdiction and exhaustion of administrative remedies is excused.
• Randolph v. State of Fla. & Richard Barry Randolph v. Sec'y
  403 So. 3d 206· Fla.· 2025-11-13 ·cited 2×
  Richard Barry Randolph was convicted and sentenced to death in 1988 for the brutal murder of a convenience store manager. Following issuance of a death warrant with an execution date of November 20, 2025, Randolph filed his fourth successive postconviction motion raising three cl
• James v. Sec'y, Dep't of Corr.
  130 F.4th 1291· 11th Cir.· 2025-03-13 ·cited 2×·via Federal Habeas Corpus
  The court denied the motion to stay execution, finding no substantial likelihood of success on the merits for the petitioner's claims regarding the denial of his Rule 60(b) motion and his post-judgment motion to amend.
• Ferguson v. Comm'r, Ala. Dep't of Corr.
  69 F.4th 1243· 11th Cir.· 2023-06-07 ·cited 2×·via Federal Habeas Corpus
  Thomas Dale Ferguson, an Alabama death row inmate, challenged his death sentence by arguing that he was intellectually disabled under *Atkins v. Virginia* and that his trial counsel provided ineffective assistance in violation of the Sixth Amendment. The Eleventh Circuit affirmed
• LaDon M. Green v. Dixon
  361 So. 3d 235· Fla.· 2023-03-16 ·cited 2×
  The Florida Supreme Court sanctioned inmate LaDon Green for abusing the court's judicial resources through a pattern of fourteen meritless pro se habeas corpus petitions raising the same claims repeatedly. The Court barred him from filing future pleadings related to his convictio
• La-Casse v. Inch
  Fla. 3d DCA· 2021-07-28 ·cited 2×
  Luis La-Casse filed a frivolous habeas corpus petition in the Florida Third District Court of Appeal, continuing a pattern of meritless pro se filings despite prior warnings. The court ordered La-Casse to show cause why he should not be prohibited from filing further pro se petit
• Brown v. State
  Fla. 3d DCA· 2021-02-17 ·cited 2×
  The Florida Third District Court of Appeal affirmed the lower court's decision, holding that a petition for a writ of habeas corpus cannot be used as a substitute for post-conviction relief motions under Florida Rules of Criminal Procedure.
• Shird T. Myrick v. Inch
  303 So. 3d 269· Fla. 2d DCA· 2020-09-09 ·cited 2×
  Shird Myrick filed a petition for a writ of habeas corpus in DeSoto County Circuit Court challenging his grand theft conviction. The circuit court converted the habeas petition to a Florida Rule of Criminal Procedure 3.850 motion and transferred the case to Dade County, where Myr
• Yearby v. State
  306 So. 3d 1141· Fla. 3d DCA· 2020-08-26 ·cited 2×·via Habeas Corpus Relief
  The appellate court granted Joseph Yearby's petition for a writ of habeas corpus, finding that the trial court erred by denying his motion to reduce bond without holding an evidentiary hearing. The court emphasized the necessity of considering statutory factors before making bond
• Lensky Jeanbart v. State
  299 So. 3d 3· Fla. 4th DCA· 2020-04-01 ·cited 2×
  The trial court erred by instructing the jury to disregard evidence that was actually admitted during trial when Defendant argued his lack of intent during closing argument, and by admitting a 9mm firearm bearing Defendant's DNA that had no sufficient nexus to the crimes charged.
• Owens v. Flowers
  286 So. 3d 346· Fla. 5th DCA· 2019-11-21 ·cited 2×
  The court held that a probationary term exceeding the statutory maximum for a life felony is illegal ab initio, and a defendant cannot be lawfully detained for violating such a term.
• McLendon v. State
  279 So. 3d 307· Fla. 1st DCA· 2019-08-30 ·cited 2×
  The petitioner sought habeas corpus relief challenging an illegal sentence imposed in 2018 for a third-degree felony that carried a statutory maximum of five years, but was sentenced to ten years in prison based on erroneous classification as a second-degree felony. The court gra
• Wells Fargo Bank v. Ordonez
  15 Fla. L. Weekly Supp. 1· Fla. 2d DCA· 2019-05-24 ·cited 2×
  A loan renewal that does not add obligors and merely changes the interest rate, maturity date, or payment terms is not subject to documentary stamp tax when tax was previously paid on the original document.
• Rodriguez v. State of Fla. & Bryan Holt
  269 So. 3d 639· Fla. 5th DCA· 2019-04-24 ·cited 2×
  When the State does not file a motion for pretrial detention at first appearance and the defendant is not charged with a capital or life felony, the trial court must conduct a hearing to determine conditions of release under Florida Rules of Criminal Procedure 3.131 and 3.132, ra
• Roland v. State
  267 So. 3d 449· Fla. 4th DCA· 2019-04-03 ·cited 2×
  Kevin Roland appealed a sanction order prohibiting him from filing further pro se motions. Although Roland repeatedly raised a meritless postconviction claim regarding fingerprint evidence and his PRR sentence qualification, the court held that the trial court abused its discreti
• Junior v. Lacroix
  263 So. 3d 159· Fla. 3d DCA· 2018-12-27 ·cited 2×
  Daniel Junior, director of Miami-Dade County Corrections, appealed a trial court's writ of habeas corpus that ordered the release of James LaCroix despite a federal immigration detainer and declared the county's immigration detainer policy unconstitutional under the Tenth Amendme
• Grant v. State
  257 So. 3d 1223· Fla. 3d DCA· 2018-11-16 ·cited 2×
  A bench warrant must be quashed where the defendant was not given sufficiently clear notice that personal appearance would be required in court, even though he had executed a written waiver of appearance.
• Cannon v. State
  253 So. 3d 1200· Fla. 2d DCA· 2018-08-17 ·cited 2×
  A trial court may not issue a capias warrant for failure to appear at a pretrial conference when the defendant has filed a valid waiver of appearance under Florida Rule of Criminal Procedure 3.180(a)(3) and has not received adequate notice that his appearance was mandatory despit
• Westberry v. State
  246 So. 3d 1308· Fla. 3d DCA· 2018-07-27 ·cited 2×
  A trial court that wishes to require a defendant's personal presence despite a valid written waiver must clearly advise the defendant and defense counsel that presence is required.
• Taylor v. State
  246 So. 3d 231· Fla.· 2018-05-03 ·cited 2×
  Perry Taylor, a death row inmate, appealed the denial of his successive motion for postconviction relief, arguing newly discovered evidence (a recantation affidavit from Dr. Miller) and Hurst violations. The Florida Supreme Court affirmed the denial, holding that Dr. Miller's aff
• Lonzo L. Sparrow, Jr. v. State
  43 Fla. L. Weekly D358· Fla. 5th DCA· 2018-03-05 ·cited 2×
  A trial court lacks authority under Florida law to order a defendant detained pending a hearing to establish the legitimate source of bail funds, though it may inquire into fund sources as part of determining whether bail is sufficient to assure appearance.
• Levory William Hickmon v. Jones
  237 So. 3d 932· Fla.· 2018-03-01 ·cited 2×
  The Florida Supreme Court sanctioned a habeas corpus petitioner for abusing the court's judicial resources through a pattern of vexatious pro se filings. The court barred Levory William Hickmon from filing future pro se pleadings unless represented by counsel, finding that his fo
• Rhagnanan v. State
  232 So. 3d 524· Fla. 5th DCA· 2017-12-27 ·cited 2×
  Anthony Ray Rhagnanan petitioned for a writ of habeas corpus challenging his pretrial detention on an attempted second-degree murder charge. The Florida Fifth District Court of Appeal granted the petition, finding that the trial court failed to follow the procedural requirements
• Fails v. Jones
  219 So. 3d 790· Fla.· 2017-06-15 ·cited 2×
  The Florida Supreme Court imposed pro se filing restrictions on an inmate who had filed 27 extraordinary writ petitions since 2008, with 13 pertaining to the same conviction. The Court found Fails' habeas petition challenging his convictions for attempted sexual battery and aggra
• F.P. v. State
  216 So. 3d 762· Fla. 5th DCA· 2017-04-21 ·cited 2×
  The trial court's order finding F.P. in indirect contempt and ordering detention is quashed because it failed to follow mandatory procedures.
• C.W. v. State
  214 So. 3d 796· Fla. 5th DCA· 2017-04-12 ·cited 2×
  C.W. petitioned for a writ of habeas corpus challenging his involuntary psychiatric commitment at Halifax Health Medical Center under Florida's Baker Act. The circuit court denied the petition, but the appellate court granted it after the State conceded error, finding insufficien
• Desue v. Jones
  213 So. 3d 801· Fla.· 2017-03-23 ·cited 2×
  The Florida Supreme Court sanctioned Michael Charles Desue, a state prisoner who had filed twenty-seven frivolous petitions with the Court, by barring him from filing future pro se pleadings concerning his 1987 forgery convictions and 1992 robbery convictions unless represented b
• Bond v. State
  206 So. 3d 850· Fla. 1st DCA· 2016-12-30 ·cited 2×
  The appeal from an order denying discovery in a post-conviction proceeding is premature because no final order disposing of the post-conviction relief motion has been rendered.
• Simmons v. State
  207 So. 3d 860· Fla.· 2016-12-22 ·cited 2×
  Eric Lee Simmons was convicted of murder and sentenced to death. On appeal following a resentencing proceeding, the Florida Supreme Court vacated the death sentence based on Hurst v. Florida, holding that the jury failed to unanimously find that aggravating factors were sufficien
• Grimsley v. Jones
  213 So. 3d 353· Fla.· 2016-11-23 ·cited 2×
  The Florida Supreme Court dismissed Kenneth Grimsley's habeas corpus petition—his twelfth frivolous filing since 2005—and imposed sanctions barring him from filing future pro se pleadings related to his convictions unless represented by a licensed attorney, finding his pattern of
• Byrd v. Mascara
  197 So. 3d 1211· Fla. 4th DCA· 2016-07-20 ·cited 2×
  Richard Byrd petitioned for a writ of habeas corpus challenging a $1.7 million bond set for various charges including racketeering, conspiracy, and fraud. The Florida appellate court granted the petition, finding the bond amount unreasonable under the circumstances and ordering a
• Blaxton v. State
  179 So. 3d 358· Fla. 2d DCA· 2015-10-09 ·cited 2×
  The court held that while the denial of postconviction motions is affirmed, the defendant may file a habeas corpus petition to address the issue of his unlawful confinement at the time of his escape, which could constitute a manifest injustice.
• Flowers v. State
  190 So. 3d 1085· Fla. 3d DCA· 2015-07-08 ·cited 2×
  The court denied the amended petition for writ of habeas corpus and ordered the petitioner to show cause why he should not be prohibited from filing further pro se pleadings.
• Rollins v. Fla. Parole Comm'n
  170 So. 3d 7· Fla. 2d DCA· 2015-04-15 ·cited 2×
  Mack Rollins petitioned for certiorari review of a circuit court's denial of his habeas corpus petition challenging the revocation of his conditional release by the Florida Parole Commission. The court held that due process does not require a transcript of a parole revocation hea
• Ponton v. State
  155 So. 3d 425· Fla. 3d DCA· 2014-12-31 ·cited 2×
  Alfonso Ponton, a pro se litigant, petitioned for writs of mandamus and habeas corpus challenging a circuit court's order prohibiting him from filing further pro se pleadings in three long-closed criminal cases. The Third District Court of Appeal dismissed both petitions, reaffir
• Denard v. State
  152 So. 3d 1257· Fla. 5th DCA· 2014-12-19 ·cited 2×
  Cameron Denard appeals the summary denial of his motion for postconviction relief filed beyond the two-year statutory deadline. The court reversed, holding that Denard's allegations that he retained counsel to timely file the motion but counsel neglected to do so raised a valid e
• Gibson v. State
  152 So. 3d 696· Fla. 4th DCA· 2014-11-26 ·cited 2×
  Raul Gibson petitioned for habeas corpus relief alleging manifest injustice where his earlier ineffective assistance of appellate counsel petition was denied without citation. The Fourth District Court of Appeal granted the petition because a prior denial lacking citation to cont
• Todrick Roberts v. State
  149 So. 3d 733· Fla. 3d DCA· 2014-10-29 ·cited 2×
  The court ordered the pro se litigant to show cause why he should not be prohibited from filing further pro se proceedings concerning his conviction and sentence.