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

• A.T. v. State
  Fla. 4th DCA· 2022-06-22 ·cited 1×
  A juvenile petitioner challenges his continued home detention beyond twenty-one days after being found incompetent to proceed, arguing the trial court lacks authority for such extension. The court holds that Florida Statute § 985.26(4)(a) provides authority for extended detention
• Britney S. Fernald v. Grady C. Judd
  Fla. 2d DCA· 2021-11-03 ·cited 1×
  The appellate court dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody after entering a plea agreement. The court did not reach the merits of whether her pretrial release was improperly revoked.
• Thaddeus C. Martin v. Dixon
  298 So. 3d 1228· Fla.· 2021-08-25 ·cited 1×
  The Florida Supreme Court sanctioned pro se litigant Thaddeus C. Martin by barring him from filing further unrepresented petitions in the Court regarding his criminal convictions. Martin had filed sixteen frivolous or repetitive petitions since 2018, abusing the Court's limited j
• Cirilo Keshun Allen v. State
  Fla. 1st DCA· 2021-06-28 ·cited 1×
  Cirilo Keshun Allen petitioned for a writ of habeas corpus to collaterally attack his 2002 robbery with a firearm conviction. The court dismissed the petition, finding that habeas corpus is not an appropriate vehicle for raising issues that were or should have been raised on dire
• Moultrie v. State
  277 So. 3d 226· Fla. 1st DCA· 2021-01-25 ·cited 1×
  The appellate court dismissed a petition for a writ of habeas corpus, holding that it cannot be used as a substitute for direct appeal or postconviction relief for sentencing errors. The petitioner sought to challenge a consecutive sentence, but the court found that such issues s
• Duckworth v. State
  305 So. 3d 732· Fla. 3d DCA· 2020-05-13 ·cited 1×
  The appellate court denied a petition for a writ of habeas corpus filed by Jerry Duckworth. Duckworth argued that the jury instructions at his trial were fundamentally erroneous because they failed to define "weapon." The court found that while the written instructions were defic
• Small v. State
  305 So. 3d 615· Fla. 3d DCA· 2020-04-29 ·cited 1×
  The appellate court denied a petition for a writ of habeas corpus, finding that a thirty-year sentence for selling heroin, enhanced under the habitual offender statute, was neither cruel and unusual punishment nor an ex post facto violation.
• Excellus O. Hyland v. Inch
  291 So. 3d 1024· Fla. 1st DCA· 2020-03-11 ·cited 1×
  The appellate court affirmed the lower court's denial of a habeas corpus petition. The court found that the petitioner's claims were previously adjudicated and therefore precluded from reconsideration.
• Davis v. Junior
  300 So. 3d 307· Fla. 3d DCA· 2020-02-19 ·cited 1×
  The court granted a petition for a writ of habeas corpus, holding that the State cannot rely solely on hearsay testimony to establish probable cause at an adversary preliminary hearing. This decision clarifies the evidentiary standards required for such hearings.
• Dailey v. Sec'y, Dep't of Corr.
  2019 WL 3209880· M.D. Fla.· 2019-12-02 ·cited 1×·via Federal Habeas Corpus
  The court held that the petitioner's motion to stay federal habeas proceedings pending a decision on the cognizability of freestanding actual innocence claims should be denied because the petitioner failed to demonstrate actual innocence.
• Adom Branch v. Junior
  Fla. 3d DCA· 2019-10-23 ·cited 1×
  The appellate court denied a petition for a writ of habeas corpus, affirming the trial court's decision to deny a defendant's request for release on his own recognizance (ROR). The court held that the defendant, who was on house arrest, did not meet the "physical custody" require
• Maxwell v. Inch
  277 So. 3d 559· Fla. 1st DCA· 2019-08-09 ·cited 1×
  Appellant appeals the dismissal of his petition for writ of habeas corpus raising multiple claims regarding his conviction and sentence. The court affirmed the dismissal, finding that habeas corpus was an improper vehicle for the claims raised and that the claims were time-barred
• In re Contempt Adjudication of Jessie L. Weiner Vs
  278 So. 3d 767· Fla. 2d DCA· 2019-08-07 ·cited 1×
  Jessie L. Weiner, the current wife of a party to a custody action, was found in indirect criminal contempt for violating court orders directing her husband to keep custody case information off social media. The court granted her petition for writ of habeas corpus and quashed the
• Ali Marino v. State OF Fla. & Gregory Tony
  277 So. 3d 219· Fla. 4th DCA· 2019-07-17 ·cited 1×
  A trial court may order competency restoration treatment in a custodial facility only when the constitutional and statutory criteria for pretrial detention are met, appropriate treatment is available at the facility, less restrictive alternatives have been exhausted, and periodic
• Casey v. Inch
  274 So. 3d 425· Fla. 1st DCA· 2019-04-22 ·cited 1×
  A petition for writ of habeas corpus raises a frivolous claim and must be denied.
• Mitchell v. State
  274 So. 3d 1136· Fla. 5th DCA· 2019-04-18 ·cited 1×·via Habeas Corpus Relief
  Verdicts finding a defendant guilty of robbery with a firearm or deadly weapon and finding the defendant did not possess an actual firearm are not truly inconsistent when the defendant threatened the victim with a firearm-looking weapon used in a manner likely to produce death or
• Schofield v. Grady C. Judd
  268 So. 3d 890· Fla. 2d DCA· 2019-04-03 ·cited 1×
  When a criminal defendant has been found incompetent to proceed and is ineligible for commitment under section 916.13 because there is no substantial probability of regaining competency in the reasonably foreseeable future, the state must either institute civil commitment proceed
• Johnson v. State
  267 So. 3d 10· Fla. 4th DCA· 2019-03-06 ·cited 1×
  Habeas corpus petitions challenging convictions or sentences must be treated as postconviction motions under Florida Criminal Procedure Rule 3.850 filed in the sentencing court, not as separate civil proceedings.
• J.A. v. Housel
  271 So. 3d 54· Fla. 3d DCA· 2019-01-25 ·cited 1×
  J.A., a juvenile on probation, violated a trial court's "Do Not Run Order" by leaving her mother's home without permission for ten consecutive days. The trial court found J.A. in indirect criminal contempt on ten separate counts and sentenced her to ten consecutive days in secure
• Titus O. Dodd v. State of Fla. & Cornita A. Riley as Chief of Orange Cnty. Corr.
  259 So. 3d 311· Fla. 5th DCA· 2018-12-06 ·cited 1×
  When a defendant found incompetent to proceed and conditionally released commits a new offense, the trial court may only modify the conditions of release or involuntarily commit the defendant to treatment, not detain him in jail pending evaluation.
• Robertson v. State
  256 So. 3d 254· Fla. 1st DCA· 2018-10-31 ·cited 1×
  A trial court's denial of a habeas corpus petition is affirmed when the petition lacks merit.
• Al Prince v. State
  Fla. 1st DCA· 2018-10-18 ·cited 1×
  The petition for writ of habeas corpus is dismissed.
• Williams v. State
  266 So. 3d 1197· Fla. 1st DCA· 2018-09-20 ·cited 1×
  A co-conspirator's sworn statement can satisfy the Arthur standard of "proof is evident or presumption is great" when the statement is internally consistent and uncontradicted, particularly when corroborated by additional circumstantial evidence such as threats and financial moti
• Basulto Vargas v. Junior
  254 So. 3d 1092· Fla. 3d DCA· 2018-08-29 ·cited 1×
  Yordany Enrique Basulto Vargas petitioned for a writ of habeas corpus challenging his detention in Miami-Dade County jail on a Colorado fugitive warrant while facing concurrent Florida cannabis trafficking charges. The Florida Supreme Court denied the petition, finding Vargas's d
• Hutchinson v. State
  249 So. 3d 1327· Fla. 1st DCA· 2018-08-07 ·cited 1×
  A habeas corpus petition challenging the sufficiency of a charging document must be transferred to the court that issued the conviction, not dismissed as unauthorized.
• Wright v. State
  247 So. 3d 26· Fla. 4th DCA· 2018-07-11 ·cited 1×
  The trial court properly denied appellant's Rule 3.850 motion for postconviction relief.
• Snell v. Junior
  251 So. 3d 273· Fla. 3d DCA· 2018-07-05 ·cited 1×
  Florida courts have statutory and rule-based authority under § 903.046(2) and Fla. R. Crim. P. 3.131(b) to condition bail on inquiry into the source of funds used to post bail. A defendant is not unlawfully detained when the source-of-funds condition is imposed at first appearanc
• Phillips Pierre v. State
  237 So. 3d 402· Fla. 4th DCA· 2018-02-07 ·cited 1×
  The defendant petitioned for a writ of habeas corpus alleging ineffective assistance of appellate counsel because his appellate counsel failed to raise a prosecutorial misconduct argument that his co-defendant's counsel successfully raised on appeal. The Fourth District Court of
• Suggs v. State
  234 So. 3d 546· Fla.· 2018-01-22 ·cited 1×
  Ernest D. Suggs appealed the denial of his motion under Florida Rule of Criminal Procedure 3.851 and his habeas corpus petition, seeking relief based on Hurst v. Florida. The Florida Supreme Court affirmed the denial, holding that Hurst does not apply retroactively to Suggs' deat
• Nelson v. Junior
  227 So. 3d 737· Fla. 3d DCA· 2017-09-20 ·cited 1×
  Nelson sought habeas corpus relief challenging his continued detention beyond 40 days without formal charges, claiming the State's failure to file an information entitled him to release on recognizance. The court denied relief, finding that a Florida Supreme Court administrative
• Williams v. State
  224 So. 3d 861· Fla. 1st DCA· 2017-08-15 ·cited 1×
  The court held that the petitioner is barred from future pro se filings in this court concerning the specific Miami-Dade County Circuit Court case due to abuse of the legal process.
• Jahem Reeters v. Israel
  223 So. 3d 265· Fla. 4th DCA· 2017-06-28 ·cited 1×
  A 14-year-old juvenile charged as an adult with armed carjacking and robbery seeks habeas corpus relief challenging his detention without bond. The court upholds the no-bond order, holding that changes to Florida's juvenile sentencing law in 2014 now make life imprisonment a poss
• Singleton v. State
  219 So. 3d 233· Fla. 3d DCA· 2017-05-17 ·cited 1×
  Troy Singleton appeals the denial of his motion to correct an allegedly illegal 30-year habitual felony offender sentence for burglary, arguing the trial court believed it lacked discretion to impose a lower sentence. The appellate court treats the appeal as a habeas corpus petit
• Doll v. State
  223 So. 3d 331· Fla. 3d DCA· 2017-05-10 ·cited 1×
  Antonio Doll petitioned for a writ of habeas corpus claiming improper designation as a habitual violent felony offender and illegal sentences. The Florida District Court of Appeal, Third District, denied his petition and issued an order to show cause regarding his pattern of repe
• J.H. v. State
  216 So. 3d 761· Fla. 5th DCA· 2017-04-21 ·cited 1×
  The court held that the trial court's failure to follow mandatory procedures for indirect contempt warrants granting a writ of habeas corpus.
• Jimenez v. State
  215 So. 3d 1259· Fla. 3d DCA· 2017-03-29 ·cited 1×·via Habeas Corpus Relief
  Petitioner Jimenez sought habeas corpus relief from a resentencing order entered by the trial court before the appellate court's mandate issued. The court granted the petition because the trial court lacked jurisdiction to enter the resentencing order prior to the issuance of the
• Guzman v. Junior
  211 So. 3d 1098· Fla. 3d DCA· 2017-02-15 ·cited 1×
  Jorge Guzman petitioned for habeas corpus relief after the trial court ordered him held without bond following his failure to appear in court, without conducting a proper hearing or making required statutory findings. The Third District Court of Appeal granted the petition, findi
• Clemente Javier Aguirre-Jarquin v. State
  202 So. 3d 785· Fla.· 2016-10-27 ·cited 1×
  Aguirre was convicted and sentenced to death for the 2004 murders of two neighbors based primarily on forensic evidence linking him to the crime and testimony from the victim's daughter, Samantha Williams. On postconviction review, newly discovered DNA evidence showed Samantha's
• Elsperman v. State
  201 So. 3d 1247· Fla. 1st DCA· 2016-10-25 ·cited 1×
  Petitioner Gene Anthony Elsperman was convicted of two counts of aggravated assault with a firearm and sentenced to consecutive 20-year minimum mandatory sentences. After the Florida Supreme Court held in Williams v. State that trial courts have discretion to impose mandatory min
• Barriera v. State
  196 So. 3d 1265· Fla. 5th DCA· 2016-07-29 ·cited 1×
  The court held that the defendant was not entitled to relief on his motion to correct an illegal sentence or for habeas corpus, as no manifest injustice occurred.
• Norton-Nugin v. State
  179 So. 3d 557· Fla. 2d DCA· 2015-12-02 ·cited 1×
  The court held that a $150,000 bond was excessive and punitive given the defendant's limited financial resources and the availability of special conditions to ensure appearance and community safety.
• Lund v. Project Warm
  177 So. 3d 283· Fla. 5th DCA· 2015-09-29 ·cited 1×
  Petitioner sought habeas corpus relief from involuntary substance abuse treatment ordered under the Marchman Act. The court granted the petition and quashed the order extending her commitment because the renewal petition was filed untimely under Florida Statute § 397.6975(1), whi
• FOX v. Johnson
  162 So. 3d 139· Fla. 2d DCA· 2014-12-31 ·cited 1×
  The Florida District Court of Appeal, Second District, imposed restrictions on pro se filings by Robert M. Fox, Jr., a serial litigant who had initiated numerous frivolous proceedings in the court system. The court directed its clerk to reject future appeals and original proceedi
• Brooks v. State
  145 So. 3d 219· Fla. 1st DCA· 2014-08-22 ·cited 1×·via Habeas Corpus Relief
  The court held that an increase in the potential penalty faced by a defendant, due to the filing of more serious charges, can constitute a change in circumstances justifying an increase in bond.
• Toliver v. Crews
  146 So. 3d 64· Fla. 1st DCA· 2014-07-30 ·cited 1×
  Toliver sought habeas corpus review of his conviction and sentence but faced a trial court order barring all future pro se filings. The appellate court affirmed the dismissal of the habeas petition but reversed the pro se filing bar for lack of proper procedural safeguards requir
• Reeves v. Nocco
  141 So. 3d 775· Fla. 2d DCA· 2014-07-11 ·cited 1×
  Curtis Reeves, a 71-year-old retired police officer charged with second-degree murder in the shooting death of Chad Oulson in a movie theater, petitioned for a writ of habeas corpus challenging the denial of pretrial release. The court held that while the State may have met its b
• Solomon Roberts v. State
  156 So. 3d 2· Fla. 3d DCA· 2014-01-29 ·cited 1×
  Solomon Roberts appealed an order denying his motion to withdraw pleas entered over thirty years prior. The Florida Third District Court of Appeal affirmed the lower court's order and issued an order to show cause regarding Roberts's pattern of filing numerous pro se appeals, war
• Fuller v. State
  116 So. 3d 1277· Fla. 5th DCA· 2013-07-05 ·cited 1×
  Fuller petitioned for a writ of habeas corpus after the trial court revoked his pretrial release without notice or hearing following an alleged SCRAM violation. The court held that while a defendant's breach of bond conditions forfeits the right to release under those terms, it d
• Carlo Woodson v. State
  114 So. 3d 1068· Fla. 1st DCA· 2013-06-05 ·cited 1×
• Davies v. State
  107 So. 3d 1224· Fla. 5th DCA· 2013-02-22 ·cited 1×·via Habeas Corpus Relief