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

• M.D. v. State
  923 So. 2d 556· Fla. 5th DCA· 2006-03-15 ·cited 2×
• Evans v. Seagraves
  922 So. 2d 318· Fla. 1st DCA· 2006-02-22 ·cited 2×
  Tony Evans Jr. petitioned for habeas corpus relief after a trial court found probable cause at an adversary preliminary hearing based solely on hearsay testimony. The Florida First District Court of Appeal granted the petition, holding that hearsay evidence alone cannot satisfy t
• Ranes v. State
  913 So. 2d 742· Fla. 4th DCA· 2005-11-02 ·cited 2×
  The trial court erred in denying the petition for writ of habeas corpus as successive when the prior petition was denied as legally insufficient, not on the merits.
• T.N. v. Portesy
  932 So. 2d 267· Fla. 2d DCA· 2005-10-07 ·cited 2×
  A juvenile detained for indirect criminal contempt after failing to comply with a Juvenile Drug Court Program agreement sought habeas corpus relief. The court held that while the contempt finding was proper, the specific sanctions imposed (placement at an addiction facility and r
• McArthur Breedlove v. Crosby
  916 So. 2d 726· Fla.· 2005-10-06 ·cited 2×
  McArthur Breedlove, a death row inmate convicted of first-degree murder, petitioned for a writ of habeas corpus arguing that Crawford v. Washington should be applied retroactively to his case. The Florida Supreme Court denied the petition, holding that Crawford is not retroactive
• Dollar v. State
  909 So. 2d 399· Fla. 5th DCA· 2005-08-12 ·cited 2×
  John and Linda Dollar petitioned for a writ of mandamus challenging the revocation of their bond in an aggravated child abuse case. The court treated their petition as one for habeas corpus and denied relief, finding the trial court properly considered statutory factors in denyin
• M.S. v. Housel
  907 So. 2d 651· Fla. 4th DCA· 2005-07-27 ·cited 2×
  A juvenile petitioner challenged her secure detention order on habeas corpus grounds, arguing that the Risk Assessment Instrument (RAI) used to determine her detention status was improperly calculated. The Fourth District Court of Appeal granted the petition, holding that the RAI
• Grissinger v. State of Fla. & Rick Bradshaw
  905 So. 2d 982· Fla. 4th DCA· 2005-06-29 ·cited 2×
  The court held that a trial court must credit jail time served awaiting trial against a probationary period if the combined time would exceed the statutory maximum sentence for the offense.
• Daniel v. Garrison
  894 So. 2d 308· Fla. 3d DCA· 2005-02-23 ·cited 2×
  Florida appellate court granted habeas corpus relief to petitioner jailed for civil contempt after he refused to answer questions in a garnishment proceeding, holding that the court lacked basis for contempt where petitioner was not a party, not subpoenaed, and denied due process
• Ortiz v. State
  895 So. 2d 1100· Fla. 3d DCA· 2004-12-29 ·cited 2×
  The court held that the newly discovered evidence of being kicked in the face by police officers was insufficient to likely produce an acquittal on retrial for resisting an officer.
• Schiming v. State
  890 So. 2d 316· Fla. 5th DCA· 2004-12-10 ·cited 2×
  Ronald Schiming appeals the trial court's denial of his motion to correct an illegal sentence and prohibition on further pro se filings. The appellate court affirmed the trial court's order, finding Schiming's successive petitions constitute an abuse of the judicial system and pr
• KEY v. State
  874 So. 2d 694· Fla. 4th DCA· 2004-05-26 ·cited 2×
  The court affirmed dismissal of a motion for relief from judgment seeking rehearing of a habeas corpus petition filed in the wrong circuit, but allowed refiling in the proper circuit.
• Quinones v. State
  871 So. 2d 1044· Fla. 5th DCA· 2004-05-07 ·cited 2×
• Patterson v. State
  868 So. 2d 583· Fla. 4th DCA· 2004-02-18 ·cited 2×
  Court summarily affirmed dismissal of habeas corpus petition because Patterson sought belated appeal through improper procedure, and dismissed for lack of subject matter jurisdiction the appeal of an order denying relief from judgment, which was unauthorized under Florida Rules o
• Perez v. State
  864 So. 2d 1245· Fla. 5th DCA· 2004-01-30 ·cited 2×
  An untimely post-conviction relief motion, based on counsel's alleged failure to file, must be raised via a petition for writ of habeas corpus, not a rule 3.850 motion.
• Carswell v. Fla. Parole Comm'n
  861 So. 2d 532· Fla. 1st DCA· 2003-12-31 ·cited 2×
• C.L.C. v. State
  863 So. 2d 397· Fla. 4th DCA· 2003-12-24 ·cited 2×
• Geiger v. State
  861 So. 2d 93· Fla. 1st DCA· 2003-12-09 ·cited 2×
• Hirsch v. State
  864 So. 2d 41· Fla. 5th DCA· 2003-12-05 ·cited 2×
• Q.A. and J.B. v. Dep't OF Juv. Just.
  858 So. 2d 1230· Fla. 1st DCA· 2003-11-13 ·cited 2×·via Habeas Corpus Relief
  Two juveniles committed to moderate-risk residential programs by the Department of Juvenile Justice sought habeas corpus relief because they were not placed in residential programs within five days of commitment, as required by Florida law. The court granted the petition as to J.
• Jones v. Crosby
  857 So. 2d 972· Fla. 3d DCA· 2003-10-29 ·cited 2×
  Jeffrey Jones petitioned for habeas corpus, arguing his consecutive sentences for second-degree murder and armed robbery were illegal and he was entitled to immediate release. The Florida District Court of Appeal affirmed that a trial court may impose consecutive sentences even w
• Martorell I. Williams v. State
  855 So. 2d 1206· Fla. 5th DCA· 2003-10-10 ·cited 2×
  Martorell Williams petitioned for a writ of habeas corpus challenging a $1 million bail bond set for a first-degree murder charge. The Florida District Court of Appeal held that the trial court erred by failing to consider Williams' financial resources when setting bail, as requi
• Camaroto v. State
  851 So. 2d 772· Fla. 5th DCA· 2003-07-03 ·cited 2×
  The court held that the appellant's motion for post-conviction relief was successive and therefore properly denied.
• Sausville v. State
  846 So. 2d 656· Fla. 2d DCA· 2003-05-30 ·cited 2×
• Curry v. State
  846 So. 2d 1189· Fla. 5th DCA· 2003-05-16 ·cited 2×
  The trial court correctly denied a petition for writ of habeas corpus filed in the wrong venue, as the proper procedure is a motion to correct sentencing in the court where the conviction and sentence were imposed.
• Patricio Nino v. State
  843 So. 2d 347· Fla. 3d DCA· 2003-04-23 ·cited 2×
• White v. Moore
  840 So. 2d 275· Fla. 1st DCA· 2003-01-23 ·cited 2×·via Writ Of Habeas Corpus Ad Subjiciendum
  The court held that an order denying a petition for writ of habeas corpus ad testificandum is not a final order and is not appealable as such.
• Blackwell v. State
  831 So. 2d 793· Fla. 5th DCA· 2002-12-06 ·cited 2×
  The court held that a petition for writ of habeas corpus for a belated appeal based on appellate counsel's alleged ineffectiveness for failing to argue trial counsel's ineffectiveness is denied.
• Jongewaard v. State
  824 So. 2d 1009· Fla. 5th DCA· 2002-08-30 ·cited 2×
  The court held that the petitioner was improperly classified as a conditional releasee because he did not meet the statutory requirement of having served at least one prior felony commitment. Therefore, his re-incarceration for violating the terms of that release was unlawful.
• Brown v. State
  826 So. 2d 1047· Fla. 5th DCA· 2002-08-23 ·cited 2×
  Petitioner's habeas corpus petition seeking reinstatement of a post-conviction appeal was dismissed as successive, abusive of procedure, and untimely under Florida Rule of Appellate Procedure 9.141.
• Guglielmo v. State
  817 So. 2d 1072· Fla. 5th DCA· 2002-06-07 ·cited 2×
  Mark Guglielmo, convicted of second-degree murder following a guilty plea, appeals the trial court's denial of his habeas corpus petition seeking the right to file a belated Rule 3.850 motion claiming ineffective assistance of counsel. The Fifth District Court of Appeal affirmed
• Isaiah Graham v. State
  826 So. 2d 361· Fla. 2d DCA· 2002-05-10 ·cited 2×
  Isaiah Graham sought habeas corpus relief from pretrial detention under Florida's Jimmy Ryce Act, challenging a probable cause determination based on unsworn allegations. The court granted the petition, holding that the ex parte probable cause determination must be supported by s
• McCONNELL v. Moore
  819 So. 2d 838· Fla. 1st DCA· 2002-05-09 ·cited 2×
  The court held that a prior ruling in Gomez v. Singletary binds inmates on the calculation of emergency gain-time, and the petitioner failed to allege facts entitling him to relief for periods after November 30, 1995.
• Williams v. State
  816 So. 2d 718· Fla. 1st DCA· 2002-05-02 ·cited 2×
  Williams petitions for a writ of habeas corpus claiming ineffective assistance of appellate counsel, but his petition is time-barred under Florida Rule of Appellate Procedure 9.141(c)(4)(B). He argues that his retained attorney's negligence caused the untimely filing. The court,
• McBRIDE v. State of Fla. & Ken Jenne
  811 So. 2d 783· Fla. 4th DCA· 2002-03-13 ·cited 2×
  The trial court lacks jurisdiction over the petitioner's alleged violation of aftercare because aftercare was never ordered in the instant case.
• Steele v. State
  809 So. 2d 8· Fla. 5th DCA· 2001-12-21 ·cited 2×
  The appellate court affirmed the trial court's denial of the petition for writ of habeas corpus, finding sufficient evidence that the attorney did not agree to represent the petitioner in a post-conviction motion.
• Mediate v. State
  804 So. 2d 472· Fla. 5th DCA· 2001-11-30 ·cited 2×
  The court held that laches cannot bar a belated post-conviction relief motion when the delay is due to the attorney's failure to file within the time limits, as established by Steele and Medrano.
• Lyons v. State
  797 So. 2d 1271· Fla. 1st DCA· 2001-10-26 ·cited 2×
• Salser v. State
  792 So. 2d 693· Fla. 5th DCA· 2001-08-31 ·cited 2×
  Gene Allen Salser appealed the summary denial of his belated motion for post-conviction relief under Florida Rule of Criminal Procedure 3.850. The appellate court reversed because the trial court lacked jurisdiction to consider the merits of the motion without first conducting a
• Holloway v. State
  792 So. 2d 588· Fla. 5th DCA· 2001-08-10 ·cited 2×
  The court held that a petition for writ of habeas corpus is denied because the petitioner's bail had already been set and he did not properly seek a reduction.
• Cupon v. State
  789 So. 2d 1121· Fla. 1st DCA· 2001-06-26 ·cited 2×
  Jose Cupón petitions for habeas corpus relief, challenging inconsistent outcomes in his escape conviction and that of his co-defendant Villegas Alen. The court denies the petition, holding that habeas corpus relief is limited to circumstances where appellate courts reach inconsis
• Martin v. State
  789 So. 2d 432· Fla. 4th DCA· 2001-06-20 ·cited 2×
  Anthony Martin petitioned for a writ of habeas corpus to reinstate two criminal appeals that were dismissed for failure to pay filing fees after his indigency claim was denied. The court rejected his petition, holding that habeas corpus is not an appropriate vehicle to challenge
• Vereen v. State
  784 So. 2d 1183· Fla. 5th DCA· 2001-04-06 ·cited 2×
  Marlon Vereen appealed the denial of his habeas corpus petition, alleging that the Department of Corrections retaliated against him by eliminating gain time credits after he filed an earlier petition with the Florida Supreme Court. The appellate court denied the petition, finding
• Hunter v. Moore
  781 So. 2d 491· Fla. 1st DCA· 2001-03-27 ·cited 2×
  Richard Lee Hunter petitioned for a writ of habeas corpus claiming violation of his speedy trial rights due to the state's failure to retry him within 90 days of a federal district court's order granting him a new trial based on ineffective assistance of counsel. The Florida Dist
• Collins v. State
  777 So. 2d 436· Fla. 3d DCA· 2001-01-31 ·cited 2×
• Isidro R. Cardenas v. State
  826 So. 2d 1007· Fla. 3d DCA· 2001-01-17 ·cited 2×
• Moore v. Tolbert
  763 So. 2d 1268· Fla. 1st DCA· 2000-08-01 ·cited 2×
  The court reversed a default grant of habeas corpus relief because the Department of Corrections timely filed a motion for extension of time and submitted its response before the default was entered, making the default finding erroneous.
• Adolphus S. Ashley v. Moore
  767 So. 2d 491· Fla. 1st DCA· 2000-05-17 ·cited 2×
  The court quashed the circuit court's denial of habeas corpus and remanded for treatment as a mandamus petition, finding the lower court departed from essential requirements of law by requiring exhaustion of administrative remedies before addressing access to grievance procedures
• M.F. v. Dep't OF Juv. Just.
  782 So. 2d 402· Fla. 4th DCA· 2000-05-10 ·cited 2×
• Amador v. State
  766 So. 2d 1061· Fla. 4th DCA· 2000-01-26 ·cited 2×
  Amador seeks habeas corpus relief challenging his detention under Florida's Jimmy Ryce Act (involuntary civil commitment of sexually violent predators), arguing he was denied a speedy trial as required by statute. The Fourth District Court of Appeal transfers the petition to the