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

• Nestor Rojas v. State
  148 So. 3d 818· Fla. 5th DCA· 2014-10-10 ·cited 2×
  The trial court properly dismissed an inmate's habeas corpus petition challenging conditions at one correctional facility as moot when the inmate was transferred to another facility.
• Ward v. State
  133 So. 3d 1210· Fla. 1st DCA· 2014-03-12 ·cited 2×
  The court held that the petitioner is barred from making future pro se filings concerning the specific case due to abuse of the legal process through repeated attacks on his conviction and sentence.
• Sinclair v. State of Fla. & Michael D. Crews
  132 So. 3d 903· Fla. 1st DCA· 2014-02-13 ·cited 2×
  Florida appellate court dismissed petitioner's repeated habeas corpus petition as unauthorized and warned of sanctions for frivolous filings after rejecting the same claim four times in one year.
• Katracy Dawson v. State
  121 So. 3d 63· Fla. 3d DCA· 2013-08-28 ·cited 2×
  The court held that a pro se litigant who has repeatedly filed meritless petitions concerning his conviction and sentence will be prohibited from filing any further pro se appeals, pleadings, motions, or petitions related to those matters.
• Joseph v. State
  125 So. 3d 1020· Fla. 4th DCA· 2013-07-03 ·cited 2×
  Perry Joseph seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise additional arguments challenging the prosecutor's closing remarks and the admission of a police statement. The court denies the petition, finding that appellate counsel's o
• Kendrick S. Wilson v. State
  109 So. 3d 240· Fla. 4th DCA· 2013-01-30 ·cited 2×
  The Fourth District Court of Appeal affirmed the trial court's denial of appellant's untimely and successive motion for post-conviction relief, finding his complaints about the prosecutor's process in taking sworn testimony before filing the information were improper, untimely, a
• Gerry B. Greene v. Tucker
  113 So. 3d 45· Fla. 2d DCA· 2012-11-28 ·cited 2×
  Greene petitioned for a writ of certiorari challenging the circuit court's denial of his habeas corpus petition, which sought restoration of gain time forfeited when the Florida Parole Commission revoked his conditional release. The court held that restoration of forfeited gain t
• Isaiah Cameron v. State of Fla. & Al Lamberti
  127 So. 3d 549· Fla. 4th DCA· 2012-10-31 ·cited 2×
  Isaiah Cameron sought habeas corpus relief to reinstate his original bond conditions after the trial court sua sponte added supervision requirements and no-contact provisions following his restoration to competency. The Fourth District Court of Appeal granted the writ, holding th
• Green v. Tucker
  101 So. 3d 358· Fla.· 2012-10-04 ·cited 2×
  The court held that the inmate's petition was procedurally barred and frivolous, warranting sanctions.
• Faella v. State
  90 So. 3d 995· Fla. 5th DCA· 2012-06-27 ·cited 2×
  A trial court cannot sua sponte increase a defendant's bond without notice and a showing of good cause or changed circumstances.
• Soto v. State
  89 So. 3d 263· Fla. 3d DCA· 2012-03-07 ·cited 2×
  A trial court cannot revoke pretrial release once granted if there has been no change in circumstances or additional evidence presented.
• Hall v. State
  85 So. 3d 1116· Fla. 4th DCA· 2012-03-07 ·cited 2×
  Andre Hall appealed the denial of his habeas corpus petition challenging his conviction based on alleged false testimony by a detective regarding Miranda warnings and prosecutor misconduct. The appellate court reversed and remanded, finding that while habeas relief was improper,
• S.G. v. Vurro
  77 So. 3d 897· Fla. 2d DCA· 2012-01-20 ·cited 2×
  S.G., a juvenile, was sentenced to five days in secure detention for indirect criminal contempt of a truancy order. The Florida appellate court held that this detention was illegal because children who violate truancy orders are classified as "children in need of services" rather
• Ward v. State
  75 So. 3d 348· Fla. 1st DCA· 2011-11-16 ·cited 2×
  The court held that the petitioner is barred from making future pro se filings concerning the specific case due to abuse of the legal process through repeated attacks on his conviction and sentence.
• Mehl v. Tucker
  71 So. 3d 248· Fla. 2d DCA· 2011-10-12 ·cited 2×
  The court denies the petition for writ of certiorari because the law changed during the pendency of the appeal and the petitioner may refile in the appropriate circuit.
• Taylor v. Fla. Parole Comm'n
  75 So. 3d 307· Fla. 1st DCA· 2011-10-06 ·cited 2×
  The court held that the Parole Commission abused its discretion in revoking Petitioner's supervision, constituting a miscarriage of justice.
• Neal v. State
  65 So. 3d 66· Fla. 1st DCA· 2011-06-08 ·cited 2×
  The court dismissed Neal's habeas corpus petition and imposed sanctions prohibiting him from filing future pro se pleadings without Bar counsel signature, citing his pattern of frivolous filings.
• Graham v. Fla. Parole Comm'n & Edwin G. Buss
  58 So. 3d 316· Fla. 1st DCA· 2011-03-16 ·cited 2×
  A parole revocation cannot be based solely on hearsay evidence; there must be some direct evidence in addition to the hearsay.
• Minnich v. State
  130 So. 3d 695· Fla. 1st DCA· 2011-01-28 ·cited 2×
  Minnich challenges his 2006 conviction for attempted second-degree murder via habeas corpus, arguing that the jury instruction on attempted manslaughter by act contained fundamental error under the newly-decided Montgomery standard. The court grants the petition, finding that bec
• Jackson v. State
  47 So. 3d 378· Fla. 5th DCA· 2010-11-12 ·cited 2×
• A.D. v. State
  45 So. 3d 575· Fla. 4th DCA· 2010-10-22 ·cited 2×
  A juvenile petitioned for habeas corpus relief after being placed in secure detention despite scoring nine points on a risk assessment instrument that called for only nonsecure detention. The court granted the petition because the circuit court failed to make written findings sup
• J.T.F. v. Housel
  37 So. 3d 279· Fla. 4th DCA· 2010-02-03 ·cited 2×
  J.T.F., a detained juvenile, petitioned for habeas corpus relief, alleging illegal detention resulting from the court stacking detention time in violation of Florida law. The court agreed that the detention was improperly calculated but denied the petition as moot because the chi
• Perrys v. State
  22 So. 3d 740· Fla. 1st DCA· 2009-11-13 ·cited 2×
  Perrys sought habeas corpus relief challenging his revocation of pretrial release. The court held that although Perrys was not entitled to immediate release, he was entitled to notice and a hearing in the trial court before his pretrial release could be revoked, even though the r
• M.W. v. Dep't OF Juv. Just.
  15 So. 3d 782· Fla. 1st DCA· 2009-07-17 ·cited 2×·via Habeas Corpus Relief
  A juvenile challenges his secure detention based on a risk assessment instrument (RAI) that allegedly "double-scored" him for firearm possession—counting it once in the offense category and again as a separate aggravating circumstance. The court granted habeas corpus relief, find
• Rigueiro v. State
  23 So. 3d 127· Fla. 4th DCA· 2009-04-22 ·cited 2×
  Andres Rigueiro petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel. The court denied the petition, holding that Rigueiro's pro se motion for rehearing filed while represented by counsel was a nullity and therefore could not extend the two-
• COX v. State
  5 So. 3d 659· Fla.· 2009-03-12 ·cited 2×·via Federal Habeas Corpus
  Allen Ward Cox, a death row inmate, appealed the circuit court's denial of his successive motion for postconviction relief challenging Florida's lethal injection protocol and related statutes. The Florida Supreme Court affirmed the denial, rejecting Cox's constitutional challenge
• Kelley v. State
  3 So. 3d 970· Fla.· 2009-01-22 ·cited 2×
  William Kelley, convicted and sentenced to death in 1984 for a 1966 murder, appealed the trial court's denial of his successive postconviction motion under Rule 3.851 and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's denial, holding
• M.G. v. Vershawn Berry
  998 So. 2d 634· Fla. 3d DCA· 2008-11-07 ·cited 2×
  M.G., a juvenile detained for grand theft auto, petitioned for habeas corpus release from secure detention. The court granted the petition, finding that while grand theft auto qualified as a detainable charge under Florida law, the trial court improperly added aggravating points
• Coy Smith v. Fla. Parole Comm'n
  987 So. 2d 229· Fla. 4th DCA· 2008-07-30 ·cited 2×
  The court held that the petition for writ of habeas corpus challenging parole revocation was untimely filed.
• Ferrell v. Al Lamberti
  987 So. 2d 771· Fla. 4th DCA· 2008-07-25 ·cited 2×
  Warren Ferrell sought habeas corpus relief from incarceration pending violation of probation proceedings, claiming his probation was illegally imposed. The Florida Fourth District Court of Appeal granted the petition in part, directing the trial court to correct an illegal senten
• R.L. v. Behavioral
  987 So. 2d 140· Fla. 5th DCA· 2008-07-11 ·cited 2×·via Habeas Corpus Relief
  R.L. sought habeas corpus relief alleging that Park Place Behavioral Health Care improperly administered medications without authorization by misusing Emergency Treatment Orders. The trial court denied the petition, and the appellate court affirmed, holding that R.L. failed to pr
• Gallo v. Al Lamberti
  972 So. 2d 305· Fla. 4th DCA· 2008-01-23 ·cited 2×
  Jonathan Gallo sought habeas corpus relief to challenge his pretrial detention on a second-degree murder charge. The court denied his petition, holding that the state presented sufficient evidence to meet the constitutional threshold for denying bail, as the proof of guilt was ev
• Schwab v. McDonough
  521 F. Supp. 2d 1338· M.D. Fla.· 2007-11-14 ·cited 2×·via Federal Habeas Corpus
  The court granted the motion to stay execution, pending the Supreme Court's decision in Baze v. Rees, due to the significant possibility of success on the merits of the lethal injection challenge.
• E.D. v. State
  966 So. 2d 994· Fla. 5th DCA· 2007-10-01 ·cited 2×
  E.D., a juvenile detained on burglary and theft charges, sought habeas corpus relief claiming illegal detention beyond the statutory 21-day limit. The Florida Fifth District Court of Appeal upheld the trial court's denial of release, finding the State demonstrated adequate good c
• Sutton v. State
  963 So. 2d 858· Fla. 5th DCA· 2007-08-10 ·cited 2×
  David Q. Sutton, II, a former juvenile defendant convicted as an adult, filed a habeas corpus petition claiming his conviction was void because the State failed to file a delinquency petition and treat him as a juvenile. The Fifth DCA dismissed the petition as an improper collate
• Kanisky Evans v. State
  962 So. 2d 938· Fla. 3d DCA· 2007-07-18 ·cited 2×
  The trial court erred in striking a post-conviction petition for lack of jurisdiction while a habeas corpus petition was pending.
• Currie v. State
  955 So. 2d 1200· Fla. 1st DCA· 2007-05-08 ·cited 2×
• Barnes v. State
  958 So. 2d 961· Fla. 1st DCA· 2007-04-30 ·cited 2×
  The appellate court affirmed the dismissal of the habeas corpus petition because it failed to state a facially sufficient claim under the relevant rules for postconviction relief.
• Godwin v. Johnson
  957 So. 2d 39· Fla. 1st DCA· 2007-04-26 ·cited 2×
  Terry Wayne and Matthew Wayne Godwin petitioned for habeas corpus relief challenging the circuit court's denial of pretrial release in a second-degree murder case. The court rejected their Crawford v. Washington arguments contending that the confrontation clause applies to pretri
• Narducci v. State
  952 So. 2d 622· Fla. 4th DCA· 2007-04-02 ·cited 2×·via Habeas Corpus Review
  The appellate court held that the trial court abused its discretion by denying a bond reduction based on the nature of the offense rather than legally relevant factors, effectively denying bail.
• Dep't OF Child. & Families v. J.J.E.
  953 So. 2d 659· Fla. 5th DCA· 2007-03-30 ·cited 2×
  The Department of Children and Families appealed a trial court's finding that service of process by publication was invalid in a parental rights termination proceeding, rendering the termination order void. The appellate court affirmed, holding that the Department failed to condu
• T.M. v. Dobuler
  959 So. 2d 279· Fla. 3d DCA· 2007-02-07 ·cited 2×
• Kervin Juste v. State
  946 So. 2d 102· Fla. 5th DCA· 2007-01-03 ·cited 2×
  The court held that the trial court erred by not setting pretrial release conditions when the state did not file a motion for pretrial detention.
• F.H. v. Dobuler
  947 So. 2d 458· Fla. 3d DCA· 2006-09-14 ·cited 2×
  A juvenile detainee petitioned for habeas corpus relief from secure detention pending placement in a high-risk residential program. The court held that Florida law does not permit secure detention without satisfaction of statutory detention criteria, and that any deviation from a
• Concepcion v. State
  944 So. 2d 1069· Fla. 3d DCA· 2006-09-01 ·cited 2×
  Israel Concepcion appeals the trial court's denial of his motion to correct an illegal sentence under Rule 3.800(a), challenging a departure sentence imposed in 1996. The appellate court affirms, holding that departure sentence challenges cannot be raised via Rule 3.800(a) and ar
• Meleah E. France v. Grady Judd
  932 So. 2d 1263· Fla. 2d DCA· 2006-07-14 ·cited 2×
  Meleah France petitioned for habeas corpus after being held without bond in a Florida jail on out-of-state charges from Illinois and Missouri. The court granted her petition, finding that law enforcement violated Florida's extradition statutes by failing to follow proper procedur
• Pettis v. State
  931 So. 2d 204· Fla. 5th DCA· 2006-06-09 ·cited 2×
  Robert Pettis appeals the trial court's denial of his Rule 3.800(a) motion challenging a scrivener's error in the date of his offenses. The appellate court affirmed the denial, finding the claim frivolous and procedurally barred, and recommended disciplinary proceedings against P
• Price v. State
  931 So. 2d 1004· Fla. 3d DCA· 2006-06-07 ·cited 2×
• T.C.F. v. State
  929 So. 2d 692· Fla. 5th DCA· 2006-05-23 ·cited 2×
  The court held that the trial court erred in placing T.C.F. in secure detention for 21 days after violating home detention, as the relevant statute authorizes only five days.
• B.L.G. v. State
  928 So. 2d 461· Fla. 5th DCA· 2006-05-02 ·cited 2×