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

• In the Interest of E.H.
  609 So. 2d 1289· Fla.· 1992-12-10 ·cited 1×
  The Florida Supreme Court addressed certified questions regarding a parent's right to a belated appeal in parental rights termination cases due to ineffective assistance of counsel, ultimately granting a belated appeal in this specific instance.
• Baker v. Cowley
  931 F.2d 1394· 10th Cir.· 1991-04-29 ·cited 1×·via Federal Habeas Corpus
  A mandatory indeterminate sentence of ten years to life for second-degree murder does not violate the Eighth and Fourteenth Amendments.
• Meagher v. Dugger
  737 F. Supp. 641· S.D. Fla.· 1990-05-17 ·cited 1×
  The court held that it is powerless to grant relief by crediting time served in state custody towards a federal sentence when the state confinement was the result of state charges and conviction, and the federal parole commission has discretion over concurrent sentencing.
• Vetri v. State
  558 So. 2d 1097· Fla. 5th DCA· 1990-03-30 ·cited 1×
  The court held that the $50,000 bail set by the trial court was unreasonable given the circumstances and granted the petition for a writ of habeas corpus.
• Contella v. Contella
  557 So. 2d 880· Fla. 5th DCA· 1990-02-01 ·cited 1×
  Leonard Contella petitioned for habeas corpus after being held in criminal contempt for willfully violating a spousal support order and divesting himself of assets. The Fifth District Court of Appeal affirmed the trial court's criminal contempt finding and upheld the jail sentenc
• Simons v. State
  555 So. 2d 960· Fla. 1st DCA· 1990-01-24 ·cited 1×
  In this pro se habeas corpus petition, a defendant charged with cocaine possession challenged a $15,000 bond set by the trial court as violating his constitutional right to pretrial release. The appellate court denied the petition because the defendant failed to provide the trial
• Compton v. Butler
  887 F.2d 80· 5th Cir.· 1989-10-30 ·cited 1×·via Federal Habeas Corpus
  The court held that the petitioner has raised a substantial issue regarding the sentencing judge's exercise of discretion, warranting an evidentiary hearing.
• Bradley v. Hon. Wallace E. Sturgis
  541 So. 2d 766· Fla. 5th DCA· 1989-04-13 ·cited 1×
  Petition for mandamus denied as moot because the underlying habeas corpus petition was already denied, but the court clarified that Florida's Constitution requires clerks to receive, docket, and deliver habeas corpus petitions without delay and at no cost.
• Na-Yuet v. Hueston
  690 F. Supp. 1008· S.D. Fla.· 1988-04-18 ·cited 1×
  A habeas petitioner must be afforded a rehearing when proffering specific, newly discovered, and previously unavailable explanatory evidence that casts substantial doubt on the probable cause determination for extradition.
• Son H. Fleming v. Kemp
  837 F.2d 940· 11th Cir.· 1988-01-27 ·cited 1×·via Federal Habeas Corpus
• Ordaz-Machado v. Rivkind
  563 F. Supp. 267· S.D. Fla.· 1987-09-21 ·cited 1×
  The court held that a federal habeas corpus petition cannot collaterally attack a state conviction without exhausting state remedies, and that an excludable alien's parole revocation based on a narcotics conviction is permissible and does not violate constitutional or statutory r
• Downs v. Dugger
  514 So. 2d 1069· Fla.· 1987-09-09 ·cited 1×
  Ernest Downs, sentenced to death for a contract killing, petitioned for habeas corpus relief on the eve of his execution. The Florida Supreme Court granted the petition, vacating his death sentence and remanding for a new sentencing proceeding, finding that the trial court's jury
• Beauford White v. Dugger
  828 F.2d 10· 11th Cir.· 1987-08-27 ·cited 1×
  The court denied the application for a Certificate of Probable Cause, affirming the district court's denial of the writ of habeas corpus.
• Joiner v. In re the Interest of Baby DOE
  510 So. 2d 309· Fla. 4th DCA· 1986-12-10 ·cited 1×
  The appellate court affirmed the trial court's order granting a writ of habeas corpus, finding substantial competent evidence supported the finding of duress.
• Bundy v. Wainwright
  651 F. Supp. 38· S.D. Fla.· 1986-07-02 ·cited 1×
  The court denied the application for a stay of execution and the petition for a writ of habeas corpus, finding that the petitioner failed to meet the burden of showing that his claims were not fully and fairly litigated in state court.
• Zeigler v. Louie L. Wainwright
  791 F.2d 828· 11th Cir.· 1986-05-19 ·cited 1×·via Federal Habeas Corpus
  The court granted certificates of probable cause and stayed execution pending appeal for both the denial of a Rule 60(b) motion and the denial of a successive habeas petition alleging ineffective assistance of appellate counsel.
• State v. Davila
  481 So. 2d 486· Fla. 3d DCA· 1985-11-20 ·cited 1×·via Habeas Corpus Proceedings
  The State of Florida appealed a habeas corpus discharge in an extradition case where the trial court found that the appellee was not the person named in a New York Governor's warrant for murder. The appellate court affirmed, holding that the State failed to establish a prima faci
• Bailey v. State
  475 So. 2d 296· Fla. 2d DCA· 1985-09-13 ·cited 1×
  The court held that a motion for post conviction relief is not the proper vehicle to challenge a sentence for departure from sentencing guidelines, nor to raise ineffective assistance of appellate counsel.
• Chesser v. Dougherty
  417 So. 2d 1164· Fla. 1st DCA· 1982-08-13 ·cited 1×
  The court held that a governor's rendition warrant based on an arrest warrant issued with a judicial determination of probable cause is sufficient for extradition.
• Toufic Khouveiri v. State
  414 So. 2d 1152· Fla. 3d DCA· 1982-06-08 ·cited 1×
• COX v. Fed. Bureau OF Prisons & United States
  643 F.2d 534· 8th Cir.· 1981-03-11 ·cited 1×
  The court held that the appellant was not entitled to federal credit for time served in state custody because his federal sentence was ordered consecutive to his state sentence.
• Sampson v. Louie L. Wainwright
  394 So. 2d 581· Fla. 5th DCA· 1981-03-04 ·cited 1×
• Mueller v. Butterworth
  393 So. 2d 1158· Fla. 4th DCA· 1981-02-06 ·cited 1×
  Paul Mueller, removed as personal representative of an estate, was ordered by the trial court to return $83,024.79 to his successor and was incarcerated for contempt when he failed to comply. The appellate court granted habeas corpus relief, holding that incarceration for failure
• Phillips v. Wille
  349 So. 2d 693· Fla. 4th DCA· 1977-08-12 ·cited 1×
• Lederer v. Stack
  294 So. 2d 107· Fla. 4th DCA· 1974-05-10 ·cited 1×
  A defendant challenged his detention under a trial court order directing psychiatric examination to determine his mental competency to stand trial. The Florida District Court of Appeal held that the order violated Rule 3.210 because it failed to fix a specific hearing date as req
• Benny Canto v. Louie L. Wainwright
  271 So. 2d 224· Fla. 2d DCA· 1972-12-20 ·cited 1×
  Benny Canto petitioned for habeas corpus seeking discharge from a 15-year sentence imposed in 1955, claiming issues with his conviction and sentencing. The Florida District Court of Appeal denied the petition, finding that Canto's extensive history of escapes, new convictions, pa
• Cancler v. Henderson
  460 F.2d 1261· 5th Cir.· 1972-05-11 ·cited 1×·via Federal Habeas Corpus
  The court held that the district court erred in deciding two grounds without consulting the state trial transcript, requiring remand.
• Baker v. State
  239 So. 2d 153· Fla. 1st DCA· 1970-07-08 ·cited 1×
  Willie Baker sought habeas corpus relief and appellate counsel through this Court, which appointed a public defender to handle his appeal. When the appointed counsel failed to take action on the appeal, the Court found him in direct contempt but permitted him to purge the contemp
• Simmons v. Louie L. Wainwright
  237 So. 2d 5· Fla. 1st DCA· 1970-04-16 ·cited 1×
  Willie Simmons petitioned for habeas corpus challenging his forgery conviction, claiming denial of adequate counsel because the trial court refused to appoint an attorney outside the public defender's office. The Florida appellate court denied the petition, holding that while ind
• Restrepo v. The Judges OF the Courts OF Broward Cnty.
  231 So. 2d 17· Fla. 4th DCA· 1970-01-30 ·cited 1×
  The court held that the lower courts did not err in their various orders regarding child custody, travel, and the denial of habeas corpus petitions.
• Hogan v. Atkins
  411 F.2d 576· 5th Cir.· 1969-05-07 ·cited 1×
  The court held that the statute prohibiting possession of burglary tools was not unconstitutionally vague or broad, and the evidence was seized lawfully.
• Gladden v. Pogue
  384 F.2d 920· 9th Cir.· 1967-11-03 ·cited 1×
  The court affirmed the grant of habeas corpus, finding the district court's determination that the appellee did not consent to the search was not clearly erroneous.
• Ruark v. Tinsley
  350 F.2d 315· 10th Cir.· 1965-08-03 ·cited 1×
  The court held that the lower court properly denied the application for a writ of habeas corpus because the petitioners had not exhausted their state remedies under Rule 35(b) of the Colorado Rules of Criminal Procedure.
• Buchanan v. The State of Fla. ex rel. Dennis Mullene Moon
  166 So. 2d 705· Fla. 3d DCA· 1964-08-05 ·cited 1×·via Habeas Corpus Proceedings
  This case reviews a circuit judge's order in a habeas corpus proceeding that allowed an appellee to appeal an extradition warrant without paying costs. The appellate court reversed this part of the order, citing precedent that requires costs to be paid for appeals.
• Schack v. Louie L. Wainwright
  166 So. 2d 134· Fla.· 1964-06-03 ·cited 1×
  The Florida Supreme Court denied a petition for a writ of habeas corpus, finding that the petitioner had not demonstrated a timely pursuit of appellate remedies or presented an independent ground for the court's jurisdiction. The court affirmed the trial court's denial of the pet
• State of Fla. ex rel. Richard Frank Parker v. Reynolds
  123 So. 2d 465· Fla.· 1960-10-03 ·cited 1×
  The court held that a subsequent original petition for habeas corpus will not be entertained when the same issues have already been adjudicated by a circuit court, unless reviewed by appeal.
• State of Fla. ex rel. Morgan Simpson v. Mayo
  95 So. 2d 424· Fla.· 1957-05-22 ·cited 1×
  This habeas corpus petition alleged that Simpson was convicted of robbery based on false testimony induced by prosecutorial threats and promises. The Florida Supreme Court, after appointing a commissioner to take testimony, found no evidence that the prosecution knowingly used fa
• Barger v. Adkinson
  Fla. 1st DCA· 2026-09-23
  A criminal defendant represented by counsel cannot proceed pro se in filing a habeas corpus petition.
• Walsh v. State
  Fla. 1st DCA· 2026-09-23
  The petition for writ of habeas corpus was dismissed.
• Miller v. State
  Fla. 2d DCA· 2026-09-18
  A trial court abuses its discretion in setting bail when it bases its decision entirely on the nature of the alleged offenses without considering statutory factors including the defendant's financial resources, family ties, employment, community ties, and flight risk. A statutory
• A.R. v. State of Fla. & Dep't of Juv. Just.
  Fla. 1st DCA· 2026-09-17
  The petition for writ of habeas corpus was denied.
• Martin v. Comm'r, Ala. Dep't of Corr.
  11th Cir.· 2026-09-14 ·via Habeas Corpus Review
  The preclusion order did not violate Martin's Sixth Amendment right to confront witnesses because he was able to meaningfully expose investigative bias and witness credibility through cross-examination of the evidence and investigative failures, even though he could not reference
• Young v. State
  Fla. 1st DCA· 2026-09-09
  A criminal defendant cannot proceed pro se while represented by counsel.
• Davis v. Liberty Cnty. Sheriff's Off.
  Fla. 1st DCA· 2026-08-26
  A criminal defendant cannot proceed pro se while represented by counsel.
• Kamari Gardner v. State
  Fla. 4th DCA· 2026-08-26
  A trial court must afford a defendant charged with a life-imprisonment offense a full opportunity to present witnesses on all aspects of the bond issue, including evidence of amenability to release and defenses to guilt, before finding proof evident or presumption great and denyi
• Aljanard Xavier Jackson v. State of Fla. & Polk Cnty. Corr. Inst.
  Fla. 5th DCA· 2026-08-21
  A pro se litigant who makes knowing misrepresentations of fact to the court may be barred from further pro se filings in that matter to conserve judicial resources and prevent abuse of the judicial process.
• Clark v. State
  Fla. 1st DCA· 2026-08-12
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied, and the petition is dismissed in all other respects.
• Silvia v. State
  Fla.· 2026-08-12 ·via Writ Of Habeas Corpus Ad Subjiciendum
  A defendant's valid waiver of postconviction proceedings in 2012 bars successive postconviction motions filed after a 2022 rule change requiring reappointment of counsel, except for claims limited to the execution process itself. Florida law does not recognize a statutory or cons
• Johnson v. State
  Fla. 1st DCA· 2026-08-11
  The petition for writ of habeas corpus was dismissed.
• Sansone v. Ford
  Fla. 1st DCA· 2026-08-05
  The petition for writ of habeas corpus was dismissed.