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

• Roehrick v. Wheeler
  745 So. 2d 569· Fla. 5th DCA· 1999-12-10 ·cited 2×
• Hershel Meadows v. Krischer
  763 So. 2d 1087· Fla. 4th DCA· 1999-11-17 ·cited 2×
  Hershel Meadows, a convicted sex offender whose prison sentence expired, challenged his detention under Florida's Jimmy Ryce Act on jurisdictional and procedural grounds. The Florida Fourth District Court of Appeal rejected all of Meadows' challenges and upheld the constitutional
• Colen Thomas v. Moore
  748 So. 2d 1010· Fla.· 1999-10-28 ·cited 2×
  The court denied a petition for writ of habeas corpus, finding that the forfeiture of provisional credits upon violation of provisional release supervision was permissible under the applicable statute, distinguishing the case from State v. Lancaster.
• Kevin v. Brown
  738 So. 2d 500· Fla. 5th DCA· 1999-08-06 ·cited 2×
  Appeals from circuit court orders denying petitions for writs of habeas corpus or mandamus challenging Florida Parole Commission decisions are reviewable by certiorari, not a second plenary appeal.
• Valdez v. Moore
  745 So. 2d 964· Fla. 2d DCA· 1999-06-04 ·cited 2×
  The Second District Court of Appeal transferred petitioners' habeas corpus petition challenging their pretrial detention under Florida's Jimmy Ryce Act to the Fourth District Court of Appeal, finding that the Fourth District was the proper forum because the detainees were held in
• Calandra v. State
  727 So. 2d 1028· Fla. 4th DCA· 1999-02-17 ·cited 2×
  Appellate counsel was not ineffective for failing to raise the denial of a special jury instruction on insanity due to long-term intoxication, as expert testimony is required for such an instruction.
• Chandler v. State
  722 So. 2d 983· Fla. 4th DCA· 1999-01-20 ·cited 2×
• Hill v. State
  724 So. 2d 610· Fla. 5th DCA· 1998-12-18 ·cited 2×
• Reeves v. State
  719 So. 2d 1257· Fla. 5th DCA· 1998-10-23 ·cited 2×
  The court held that a motion to correct an illegal sentence under rule 3.800(a) cannot be used to resolve factual disputes regarding jail credit, which requires a different procedural vehicle.
• Grady William Powers v. State
  714 So. 2d 1110· Fla. 5th DCA· 1998-07-10 ·cited 2×
• Bouchette v. State
  711 So. 2d 134· Fla. 5th DCA· 1998-05-01 ·cited 2×
  The court held that a pro se defendant's confusion about filing a notice of appeal is not a valid ground for a belated appeal, as the responsibility lies with the defendant.
• Young v. State
  709 So. 2d 614· Fla. 5th DCA· 1998-04-09 ·cited 2×
  Rufus Young, appearing for the eighth time before this court, petitioned for a writ of habeas corpus seeking a belated appeal of his 1990 burglary, grand theft, and drug paraphernalia conviction. The court denied the petition, finding it barred by laches and as a successive and a
• Stevie Willis v. State
  708 So. 2d 939· Fla.· 1998-03-19 ·cited 2×
  The court held that a trial court's finding of partial indigency, which allows for appointed counsel but requires payment of filing fees and transcript costs, is illogical and unsupported by the record when based on a flawed financial affidavit.
• V.J.R. v. State
  706 So. 2d 417· Fla. 5th DCA· 1998-03-13 ·cited 2×
• Roydhouse v. State
  701 So. 2d 1273· Fla. 5th DCA· 1997-12-12 ·cited 2×
  The court held that the petitioner was not entitled to relief because he never received the administrative gaintime or provisional credits he claimed were improperly cancelled.
• Giordano v. Dixon
  744 So. 2d 1024· Fla. 4th DCA· 1997-09-17 ·cited 2×
  Florida appellate court reversed denial of habeas corpus petition and ordered Department of Corrections to vacate disciplinary report and restore gain time because the department failed to produce a cassette tape of the verbal order the inmate was accused of violating, depriving
• Norman v. Singletary
  698 So. 2d 614· Fla. 1st DCA· 1997-08-26 ·cited 2×
  Norman challenges the denial of his habeas corpus petition alleging the Department of Corrections improperly forfeited gain time credits. The appellate court reversed, finding the petition stated a prima facie claim for relief and that habeas corpus was the appropriate remedy.
• Contreras v. Contreras
  696 So. 2d 506· Fla. 3d DCA· 1997-07-03 ·cited 2×·via Habeas Corpus Relief
  Florida appellate court affirmed habeas corpus relief for mother jailed for civil contempt of violating custody orders, holding that the act of state doctrine and the father's absence from Florida rendered compliance with the purge condition impossible.
• In the Interest of K.C. v. Taylor
  696 So. 2d 858· Fla. 2d DCA· 1997-04-30 ·cited 2×
  K.C., a juvenile detained pending delinquency hearings, petitioned for habeas corpus challenging the legality of his detention. Although K.C. was released before the court's decision, the court addressed the merits due to the likelihood of recurrence and the potential for mootnes
• Tullis v. State
  690 So. 2d 749· Fla. 5th DCA· 1997-04-04 ·cited 2×
• Zitroy Lowe v. State
  681 So. 2d 916· Fla. 4th DCA· 1996-10-23 ·cited 2×
  The court held that the petitioner received ineffective assistance of appellate counsel for failing to raise the issue of a prejudicial jury instruction on reasonable doubt in a prior direct appeal.
• Sunny Harris v. State
  674 So. 2d 925· Fla. 5th DCA· 1996-06-07 ·cited 2×
  The court held that a successive petition for a writ of habeas corpus, raising the same issues as a prior denied petition, constitutes an abuse of procedure.
• Mayberry v. State
  685 So. 2d 1326· Fla. 2d DCA· 1996-03-06 ·cited 2×
• White v. Singletary
  663 So. 2d 1324· Fla.· 1995-12-01 ·cited 2×
  Jerry White petitioned for a writ of habeas corpus and stay of execution following his conviction for murder during an armed robbery. The Florida Supreme Court denied both the petition and stay, rejecting White's claims of ineffective assistance of counsel, mental retardation, wi
• State v. J.W.
  664 So. 2d 29· Fla. 1st DCA· 1995-11-27 ·cited 2×
  The court held that the Florida Department of Law Enforcement (FDLE) could not willfully ignore a trial court's order to seal criminal records, even if FDLE believed the order was erroneous, and thus the contempt judgment was proper.
• Denson v. The Honorable Edward Rodgers
  658 So. 2d 1224· Fla. 4th DCA· 1995-08-16 ·cited 2×
  The trial court erred in rejecting a pleading solely based on division assignment, and should have assigned it to the appropriate division.
• Jacques D. Keil v. Singletary
  649 So. 2d 354· Fla. 4th DCA· 1995-02-08 ·cited 2×
• Carvie William Farmer v. State
  642 So. 2d 127· Fla. 5th DCA· 1994-09-12 ·cited 2×
• Domberg v. State
  636 So. 2d 527· Fla. 1st DCA· 1994-02-18 ·cited 2×
  Robert Domberg petitioned for a writ of habeas corpus challenging his departure sentence on the grounds that the trial court lacked jurisdiction to file written reasons for the departure after notice of appeal was filed, and that his appellate counsel was ineffective for failing
• FOX v. Singletary
  635 So. 2d 69· Fla. 1st DCA· 1994-01-18 ·cited 2×
  The appellate court held that the trial court erred in summarily denying the inmate's petition for a writ of habeas corpus.
• Fontana v. Rice
  630 So. 2d 1141· Fla. 2d DCA· 1993-11-03 ·cited 2×
  The trial court is authorized to continue a defendant on bond pending a state appeal from an order of dismissal, upon a showing of good cause.
• Bannister v. The Honorable William L. Hendry
  625 So. 2d 1244· Fla. 4th DCA· 1993-09-01 ·cited 2×
  Petitioner sought a writ of prohibition to prevent prosecution on grand theft and burglary charges for lack of speedy trial. The court treated the petition as a habeas corpus petition and remanded for an adversary preliminary hearing under Florida Rules of Criminal Procedure 3.13
• Blair v. Delo
  999 F.2d 1219· 8th Cir.· 1993-07-20 ·cited 2×
  The court granted a temporary stay of execution because the petitioner's claim, though questionable, was not "frivolous and entirely without merit" given the differing opinions in a relevant Supreme Court case.
• Hoversten v. State OF Iowa
  998 F.2d 614· 8th Cir.· 1993-07-13 ·cited 2×·via Federal Habeas Corpus
  The court held that the use of a one-way mirror to shield a child witness from the defendant violated the defendant's Sixth Amendment Confrontation Clause rights because no case-specific finding of necessity was made, and this error was not harmless.
• Stoner v. Sowders
  997 F.2d 209· 6th Cir.· 1993-07-06 ·cited 2×·via Habeas Corpus Review
  The admission of videotaped depositions of witnesses without a sufficient showing of their unavailability violated the Sixth Amendment's Confrontation Clause, requiring reversal of the conviction.
• Lips v. Commandant
  997 F.2d 808· 10th Cir.· 1993-07-01 ·cited 2×·via Habeas Corpus Review
  Federal civil courts should not grant habeas corpus relief if military courts have given the petitioner's claims full and fair consideration.
• Stephens v. Miller
  989 F.2d 264· 7th Cir.· 1993-06-09 ·cited 2×
  The court held that the exclusion of the defendant's testimony regarding a conversation during the alleged incident violated his Sixth Amendment right to testify and was not harmless error.
• Aponte v. Gomez
  993 F.2d 705· 9th Cir.· 1993-05-19 ·cited 2×·via Habeas Corpus Review
  The court held that the California Supreme Court's interpretation of sentencing statutes, excluding a quantity enhancement from the double-base-term limitation, was not a violation of due process or the Ex Post Facto Clause.
• United States v. Peak
  992 F.2d 39· 4th Cir.· 1993-04-16 ·cited 2×·via Habeas Corpus Relief
  The failure of a criminal defense attorney to file a requested notice of appeal constitutes a deprivation of the Sixth Amendment right to counsel, regardless of the potential merit of the lost appeal.
• Benny Hatley v. A.L. Lockhart
  990 F.2d 1070· 8th Cir.· 1993-04-13 ·cited 2×·via Habeas Corpus Relief
  The court held that the appellant's claims regarding jury selection, admission of photographs, and his confession were without merit and affirmed the dismissal of his habeas corpus petition.
• Schmidt v. United States
  987 F.2d 536· 8th Cir.· 1993-03-04 ·cited 2×·via Habeas Corpus Relief
  The court held that the jury instructions adequately conveyed the substance of the buyer-seller relationship issue, and therefore, there was no reasonable probability of a different trial outcome had the requested instruction been given.
• Harrell v. McMILLAN
  614 So. 2d 1185· Fla. 1st DCA· 1993-02-19 ·cited 2×
  Harrell petitions for mandamus or habeas corpus after being denied pretrial release when she attempted to satisfy multiple cash bond conditions by posting a single surety bond. The court grants relief, holding that cash bond conditions may be automatically satisfied by appropriat
• United States v. Foster
  985 F.2d 466· 9th Cir.· 1993-02-03 ·cited 2×·via Federal Habeas Corpus
  The court held that a prosecutor's questioning of a defendant about her post-arrest silence, despite a timely objection and the court's instruction to answer, violated the Fifth Amendment and was not harmless error, requiring reversal of her conviction.
• Grubbs v. Hannigan
  982 F.2d 1483· 10th Cir.· 1993-01-06 ·cited 2×·via Habeas Corpus Relief
  The court held that the evidence was sufficient to support the conviction despite exculpatory blood test results, and the victim's identification, though from a suggestive procedure, was reliable enough to not violate due process.
• Hawkins v. Collins
  980 F.2d 975· 5th Cir.· 1992-12-23 ·cited 2×·via Federal Habeas Corpus
  The court held that the petitioner's claims are barred by the abuse of the writ doctrine because they were not raised in his prior federal habeas petitions and no sufficient legal cause was shown for the failure to do so.
• Manlove v. Tansy
  981 F.2d 473· 10th Cir.· 1992-12-16 ·cited 2×·via Federal Habeas Corpus
  The court should not grant a writ of habeas corpus based on a defense strategy not presented to the trial court.
• Jernigan v. Collins
  980 F.2d 292· 5th Cir.· 1992-12-15 ·cited 2×·via Habeas Corpus Relief
  The court held that Jernigan failed to demonstrate that any errors by his counsel or the trial judge prejudiced his trial, and thus he is not entitled to habeas relief.
• Hays v. A.J. Arave
  977 F.2d 475· 9th Cir.· 1992-10-07 ·cited 2×·via Habeas Corpus Relief
  The court held that the prisoner waived his right to be present at sentencing by impeding efforts to procure his presence and failing to exhaust remedies under the Interstate Agreement on Detainers (IAD).
• Chakouian v. Moran
  975 F.2d 931· 1st Cir.· 1992-09-23 ·cited 2×·via Habeas Corpus Relief
  The court affirmed the dismissal of the habeas corpus petition, holding that the petitioner failed to establish a prima facie case of racial discrimination in the prosecutor's use of peremptory challenges.
• Demouchette v. Collins
  972 F.2d 651· 5th Cir.· 1992-09-09 ·cited 2×·via Federal Habeas Corpus
  The court denied the motion for a certificate of probable cause and the motion for a stay of execution.