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

• J.L.B. v. Kelly
  93 So. 3d 1137· Fla. 2d DCA· 2012-08-01 ·cited 1×
  The court held that assessing aggravating points on the Risk Assessment Instrument based on factors already accounted for in the RAI constitutes impermissible double scoring.
• V.P. v. State of Fla. & Dep't of Juv. Just.
  72 So. 3d 788· Fla. 4th DCA· 2011-10-19 ·cited 1×
  A juvenile petitioned for habeas corpus challenging a trial court's placement on home detention with electronic monitoring and an 8 p.m. curfew pending placement in a moderate-risk residential program. The Fourth District Court of Appeal held that Florida Statutes section 985.27(
• D.J.P., JR. v. State
  67 So. 3d 1077· Fla. 2d DCA· 2011-07-08 ·cited 1×
  The court held that the defendant's plea appears involuntary because he was denied the benefit of his bargain regarding appellate review of the suppression order.
• Lowery v. State
  58 So. 3d 307· Fla. 1st DCA· 2011-02-28 ·cited 1×·via Habeas Corpus Relief
• Alvie Byrd-Green v. State
  40 So. 3d 848· Fla. 3d DCA· 2010-07-14 ·cited 1×
  Byrd-Green appeals a trial court order denying his discovery motions on the ground that the court lacked jurisdiction due to a pending appeal of a mandamus petition denial. The appellate court holds that filing a notice of appeal from a mandamus denial does not divest the trial c
• D.M.H. v. Pietilla
  33 So. 3d 800· Fla. 5th DCA· 2010-04-23 ·cited 1×
  D.M.H. appeals the denial of her habeas corpus petition challenging her involuntary inpatient placement under Florida's Baker Act, arguing that the hearing was unlawfully delayed because it was not held within five calendar days as she contends the statute requires. The court aff
• Walker v. Al Lamberti
  29 So. 3d 1172· Fla. 4th DCA· 2010-03-08 ·cited 1×
  Walker petitioned for habeas corpus seeking discharge from a 30-day jail-based drug treatment program imposed as a sanction for failing a drug test in a pretrial intervention (PTI) program. The Florida Fourth District Court of Appeal denied the petition, holding that the legislat
• Tonuya Rainey v. Al Lamberti
  9 So. 3d 58· Fla. 4th DCA· 2009-03-27 ·cited 1×·via Habeas Corpus Relief
  Habeas corpus petition granted and remanded because the trial court failed to consider appropriate pretrial release factors under Florida law when setting bond, despite the bond amount itself not being inherently problematic.
• Jones v. Fla. Parole Comm'n
  4 So. 3d 91· Fla. 4th DCA· 2009-03-04 ·cited 1×
  The circuit court did not err in dismissing the habeas corpus petition as untimely.
• Mansfield v. Sec'y, Dep't of Corr.
  601 F. Supp. 2d 1267· M.D. Fla.· 2009-02-26 ·cited 1×·via Federal Habeas Corpus
  The court held that the petitioner's claims regarding the HAC aggravator, proportionality of sentence, consideration of mitigating factors, and admission of evidence were procedurally barred or failed to meet the AEDPA standard of review.
• Griffin v. McNEIL
  995 So. 2d 1178· Fla. 4th DCA· 2008-12-15 ·cited 1×
  The court held that a defendant cannot be sentenced for a crime with a firearm enhancement if the firearm element was not charged or found by the jury.
• Huntley H. Thompson v. State
  994 So. 2d 1176· Fla. 3d DCA· 2008-11-05 ·cited 1×
  The court held that the trial court properly denied the petition for a writ of habeas corpus because the claims were raised in a successive and time-barred manner, and the Brady claim was facially insufficient.
• Joseph v. State
  976 So. 2d 94· Fla. 3d DCA· 2008-02-27 ·cited 1×
  Gregory Joseph appeals the denial of his second successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850, challenging his guilty plea to second-degree murder and aggravated child abuse. The appellate court affirmed the trial court's denial on pro
• Brooks v. Fla. Parole Comm'n
  974 So. 2d 494· Fla. 4th DCA· 2008-01-30 ·cited 1×
  Lorenzo Brooks challenged the constitutionality of Florida's conditional release statutes as violating due process, arguing the statutes failed to provide a list of prohibited acts that could result in revocation. The court affirmed the circuit court's denial of his habeas petiti
• N.S. v. Flowers
  963 So. 2d 310· Fla. 4th DCA· 2007-08-14 ·cited 1×
• Ric L. Bradshaw v. Sandler
  955 So. 2d 1219· Fla. 4th DCA· 2007-05-09 ·cited 1×
  The Sheriff of Palm Beach County sought certiorari relief to overturn a trial court order requiring him to transport a pre-trial inmate to a private dentist for treatment. The court granted the petition and quashed the order, holding that decisions regarding jail inmate health ca
• Miller v. State of Fla. & Ken Jenne
  960 So. 2d 7· Fla. 4th DCA· 2007-01-19 ·cited 1×
  Ricardo Miller challenged his involuntary commitment to a state forensic hospital for violating conditions of his conditional release. The court granted his habeas corpus petition, holding that the trial court lacked authority to commit him without evidence that he met the statut
• Russell v. Fla. Parole Comm'n
  946 So. 2d 32· Fla. 1st DCA· 2006-09-18 ·cited 1×
• Cloyd v. State
  943 So. 2d 149· Fla. 3d DCA· 2006-07-12 ·cited 1×
  Thomas Porter Cloyd, a copilot, was convicted of operating an aircraft while intoxicated in violation of Florida Statute § 860.13. The appellate court affirmed the conviction, rejecting preemption challenges, constitutional vagueness and delegation arguments, and evidentiary obje
• Everett v. State
  928 So. 2d 1241· Fla. 3d DCA· 2006-05-17 ·cited 1×
  The court held that a challenge to a guilty plea based on the lack of a factual basis is procedurally barred when raised in a habeas corpus petition after direct appeal and motion to withdraw plea. The court also found the claim to be without merit.
• Alvarez v. Crosby
  907 So. 2d 1231· Fla. 3d DCA· 2005-07-13 ·cited 1×
  Hector Manuel Alvarez petitioned for habeas corpus alleging ineffective assistance of appellate counsel. The appellate court initially reversed his convictions for sexual battery and lewd assault based on erroneous exclusion of impeachment testimony, but then affirmed after the S
• Tavia Smith v. McRAY
  907 So. 2d 575· Fla. 3d DCA· 2005-07-13 ·cited 1×
  Tavia Smith sought a writ of habeas corpus challenging her pretrial detention without bond. The Florida District Court of Appeal granted the petition, finding the trial court lacked authority to order an immediate drug test and subsequent detention based solely on the petitioner'
• Valdes v. State
  892 So. 2d 565· Fla. 3d DCA· 2005-02-09 ·cited 1×
  The court held that the defendant's sentences were not illegal and did not violate Apprendi or Blakely.
• Gadson v. Jenne
  882 So. 2d 531· Fla. 4th DCA· 2004-09-22 ·cited 1×
  Petitioner Gadson sought habeas corpus relief from revocation of his pretrial bond. The court granted the petition, holding that a second judge cannot reconsider and reverse a prior judge's bond decision without new evidence being presented.
• Thomas v. Fla. Parole Comm'n
  872 So. 2d 339· Fla. 2d DCA· 2004-04-14 ·cited 1×
  Stanley Thomas challenged the revocation of his conditional release by the Florida Parole Commission. The court granted his certiorari petition, finding that his conditional release was illegally revoked because he was never properly ordered to complete the drug treatment conditi
• Kelley v. Singletary
  265 F. Supp. 2d 1305· S.D. Fla.· 2003-03-26 ·cited 1×
  The court granted the State's motion for a stay pending appeal to avoid violating the 90-day retrial rule, but ordered the petitioner released from custody during the appeal, finding no risk of flight or danger.
• Cupon v. State
  833 So. 2d 302· Fla. 1st DCA· 2002-12-31 ·cited 1×
  The court held that a petition for writ of habeas corpus is the proper remedy to seek relief for ineffective assistance of appellate counsel when counsel fails to raise a preserved and meritorious issue that would have led to a different outcome.
• AMENDMENT TO THE FLA. RULES OF APP. PROCEDURE (RULE 9.142)
  837 So. 2d 911· Fla.· 2002-10-31 ·cited 1×
  The Florida Supreme Court adopted a new appellate rule, Rule 9.142, to establish unified procedures governing review of death penalty cases, consolidating direct appeal procedures and creating a new mechanism for reviewing nonfinal orders in death penalty postconviction proceedin
• Heddie Smith Vereen v. Spears
  819 So. 2d 923· Fla. 3d DCA· 2002-06-19 ·cited 1×·via Habeas Corpus Relief
• Israel v. Jenne
  820 So. 2d 336· Fla. 4th DCA· 2002-03-11 ·cited 1×
• Thompson v. State
  796 So. 2d 511· Fla.· 2001-09-20 ·cited 1×
  Charlie Thompson, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion raising ineffective assistance of counsel claims. The Florida Supreme Court remanded three specific ineffective assistance claims for evidentiary hearing (jury voir dire, inv
• Harris v. State
  789 So. 2d 1114· Fla. 1st DCA· 2001-06-21 ·cited 1×
  The court held that a petition for a writ of habeas corpus was properly denied because it failed to state a facially sufficient claim under Florida Rules of Criminal Procedure 3.850 or 3.800(a).
• Shurman v. Moore
  783 So. 2d 1086· Fla. 1st DCA· 2001-01-26 ·cited 1×
  The trial court departed from the essential requirements of law by misapplying precedent regarding the date for calculating gain-time credit.
• Winer v. Spears
  771 So. 2d 621· Fla. 3d DCA· 2000-11-22 ·cited 1×
  The appellate court reviewed a denial of a bond reduction motion and a subsequent denial by a successor judge, with the concurring judge arguing that the bond was not shown to be excessive without knowing the value of proposed collateral.
• Murray v. Kearney
  770 So. 2d 273· Fla. 4th DCA· 2000-11-01 ·cited 1×
  The court held that it lacked jurisdiction to grant the petition for writ of habeas corpus because the civil commitment order was not illegal, even if it conflicted with a prior plea agreement.
• Rodwell v. Singletary
  114 F. Supp. 2d 1308· M.D. Fla.· 2000-09-27 ·cited 1×·via Habeas Corpus Relief
  The federal court dismissed the habeas corpus petition as untimely filed and procedurally barred, finding no exceptions to the bar.
• Dicolla v. State
  763 So. 2d 1286· Fla. 5th DCA· 2000-08-24 ·cited 1×
  The court held that the trial court must promptly rule on a motion for setting or modifying bail.
• Williams v. Singletary
  765 So. 2d 107· Fla. 2d DCA· 2000-06-02 ·cited 1×
  Court granted habeas petition for ineffective assistance of appellate counsel where appellate counsel failed to raise on direct appeal the trial court's denial of a continuance motion that caused severe prejudice.
• J.W. v. Dep't OF Juv. Just.
  742 So. 2d 320· Fla. 1st DCA· 1999-06-21 ·cited 1×
  J.W., a juvenile charged with sexual battery on children, petitioned for a writ of habeas corpus challenging his placement in secure detention while incompetent to proceed in delinquency cases. The appellate court denied the petition, holding that secure detention was proper base
• Leon v. Moore
  734 So. 2d 513· Fla. 3d DCA· 1999-05-19 ·cited 1×
  Philip Leon petitions for a writ of habeas corpus challenging his appellate counsel's effectiveness for failing to raise a hearsay objection to evidence of merchandise value at trial. The court denies the petition, holding that appellate counsel cannot be deemed ineffective for f
• Werner v. Hickey
  920 F. Supp. 1257· M.D. Fla.· 1996-04-09 ·cited 1×·via Habeas Corpus Review
  The court held that the magistrate had jurisdiction, sufficient evidence supported probable cause, and the offense was extraditable under the treaty, thus denying the petition for writ of habeas corpus.
• P.M. v. Carter
  658 So. 2d 188· Fla. 3d DCA· 1995-08-07 ·cited 1×
• Whelpley v. Costa
  648 So. 2d 1252· Fla. 4th DCA· 1995-01-25 ·cited 1×
• Hill v. State
  639 So. 2d 195· Fla. 2d DCA· 1994-07-13 ·cited 1×
  The court held that the trial court erred in treating a motion for postconviction relief as an untimely motion for correction of sentence under rule 3.800(b) instead of a motion under rule 3.850. The court reversed and remanded for consideration of the timely filed motion.
• L.A. v. Carter
  623 So. 2d 1219· Fla. 3d DCA· 1993-09-09 ·cited 1×
  The court held that a juvenile cannot be detained pending an adjudicatory hearing without a prior judicial determination of probable cause.
• United States v. Montgomery
  998 F.2d 1468· 9th Cir.· 1993-07-13 ·cited 1×·via Habeas Corpus (28 U.S.C. § 2255)
  The court held that the government failed to use reasonable efforts to produce a confidential informant, violating the defendant's due process rights.
• Polo v. Horgan
  828 F. Supp. 961· S.D. Fla.· 1993-07-12 ·cited 1×·via Habeas Corpus Review
  The court held that the petition for writ of habeas corpus is denied because the magistrate judge had jurisdiction, the charged offenses are extraditable under the treaty, and there was sufficient evidence to establish probable cause.
• Jones v. Singletary
  621 So. 2d 760· Fla. 3d DCA· 1993-07-06 ·cited 1×
  Keith Maurice Jones petitioned for habeas corpus alleging his appellate counsel was ineffective for failing to raise two sentencing issues on direct appeal: improper enhancement of his third-degree murder conviction and a double jeopardy violation regarding his firearm possession
• Gomez v. Collins
  993 F.2d 96· 5th Cir.· 1993-06-14 ·cited 1×·via Federal Habeas Corpus
  The court held that even if a constitutional right to self-representation on appeal exists, the defendant failed to properly invoke it due to a knowing and intelligent waiver not being established. Lay representation by an inmate is impermissible.
• Campbell v. Blodgett
  982 F.2d 1356· 9th Cir.· 1993-01-04 ·cited 1×·via Habeas Corpus Proceedings
  The court held that the district court did not abuse its discretion in denying a motion to videotape an execution pending appeal, as the evidentiary value was insufficient and outweighed by comity and privacy concerns.