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

• Hernandez v. State
  Fla. 3d DCA· 2019-09-04 ·via Habeas Corpus Relief
  The appellate court granted Orlando Hernandez's petition for habeas corpus relief, finding his appellate counsel was ineffective for failing to challenge the mandatory consecutive imposition of minimum mandatory sentences. This failure prevented Hernandez from benefiting from a s
• Williams v. Inch
  Fla.· 2019-08-29
  The court held that the petitioner failed to show cause why he should not be barred from filing further pro se pleadings related to a specific case number due to his history of vexatious and meritless filings.
• Harris v. Inch
  277 So. 3d 1003· Fla.· 2019-08-29
  A state prisoner who files repeated habeas petitions raising identical claims that have been consistently rejected may be sanctioned by barring future pro se filings related to those cases unless represented by counsel, and the frivolous petition must be reported to the Departmen
• Amodeo v. Warden, FCC Coleman - Low
  M.D. Fla.· 2019-08-29
  A federal inmate's petition for a writ of habeas corpus filed by a 'next friend' is dismissed because the 'next friend' failed to establish standing, as the inmate has a court-appointed guardian and has demonstrated capacity to file his own legal actions.
• Camarena v. Director, Immigration and Customs Enforcement
  M.D. Fla.· 2019-08-28
  The court held that it lacks subject matter jurisdiction to review the petitioner's claims challenging the execution of her final removal order.
• Arsenio Stewart v. State
  Fla. 5th DCA· 2019-08-23
  A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be prohibited from future pro se filings in the appellate court.
• Abonza-Torres v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-08-15 ·via Federal Habeas Corpus
  The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
• Garcia v. Sec'y, Dep't of Corr. (Lee County)
  M.D. Fla.· 2019-08-13 ·via Federal Habeas Corpus
  The court held that the petitioner's federal habeas corpus petition was filed outside the one-year statute of limitations and was therefore dismissed as time-barred.
• Owens v. State
  Fla. 3d DCA· 2019-07-24
  The court dismissed Alan Dale Owens' pro se petition for a writ of habeas corpus, finding that his claims should have been raised in the trial court. The court also noted Owens' history of filing numerous frivolous appeals and ordered him to show cause why he should not be prohib
• H.K. v. Dept. of Child. & Families
  Fla. 4th DCA· 2019-07-17
  In termination of parental rights cases, a party seeking belated appellate review must file a petition for writ of habeas corpus in the circuit court, not a notice of appeal to the appellate court.
• Anderson v. State
  14 Fla. L. Weekly 2810· Fla. 5th DCA· 2019-06-21
  A petitioner who engages in abusive, repetitive, malicious, or frivolous pro se filings may be prohibited from future pro se filings to conserve judicial resources.
• Cary v. State
  274 So. 3d 1177· Fla. 1st DCA· 2019-06-07
  A petition for writ of habeas corpus should be dismissed when the petitioner has a pending direct appeal available as an adequate alternative remedy.
• McCray v. State
  271 So. 3d 1245· Fla. 1st DCA· 2019-05-28
  The petition for writ of habeas corpus is dismissed.
• Kristian Beauchamp v. State
  273 So. 3d 247· Fla. 5th DCA· 2019-05-24
  Appellate counsel was ineffective for failing to raise fundamental error where the trial court impermissibly considered the defendant's alleged untruthfulness and lack of remorse as a basis for imposing sentence.
• Nkosi Albertie Chamberlain v. State
  272 So. 3d 850· Fla. 1st DCA· 2019-05-21
  A petition for writ of habeas corpus is dismissed as moot when the circumstances that gave rise to the petition have been resolved.
• Stamm v. State
  270 So. 3d 558· Fla. 1st DCA· 2019-05-13
  An appeal from a habeas corpus petition is dismissed as moot when the petitioner has been extradited to another state.
• Watkins v. State
  270 So. 3d 1274· Fla. 1st DCA· 2019-05-13
  Appellate counsel is not ineffective for failing to raise a claim of ineffective assistance of trial counsel on direct appeal because such claims are more effectively raised in a motion for postconviction relief under rule 3.850.
• Lancaster v. State
  Fla. 5th DCA· 2019-05-10
  A circuit court reviewing a parole revocation must determine whether the parole examiner and the Florida Commission on Offender Review made the required statutory findings that the violation was both willful and substantial; failure to address this issue constitutes failure to ap
• Lancaster v. Dep't of Corr.
  273 So. 3d 210· Fla. 5th DCA· 2019-05-10
  Marvin Lancaster challenged the Florida Commission on Offender Review's revocation of his parole on the grounds that FCOR failed to make statutory findings that his parole violation was willful and substantial. The circuit court summarily denied his habeas petition, and Lancaster
• Gyden II v. State
  273 So. 3d 1094· Fla. 3d DCA· 2019-05-01
  Bernard Gyden II appealed the trial court's dismissal of his Rule 3.850 motion for postconviction relief on the ground that the court lacked jurisdiction while a habeas corpus petition asserting ineffective assistance of appellate counsel was pending before the appellate court. T
• Bent v. State of Fla. & Louis A. Quinones, JR.
  271 So. 3d 1212· Fla. 5th DCA· 2019-05-01
  A trial court abuses its discretion by refusing to hold a hearing on a motion to set bond when the motion is supported by a witness's recantation of identification testimony and corroboration by law enforcement.
• Darrel Harvey v. State
  Fla. 1st DCA· 2019-04-29
  A habeas corpus petition that challenges a conviction on direct appeal in another case is unauthorized and must be dismissed, and administrative challenges to Department of Corrections decisions must be addressed in circuit court.
• Torres v. State
  2017 WL 1908371· Fla. 3d DCA· 2019-04-24
  A petition alleging ineffective assistance of appellate counsel on direct review must be filed within four years after the judgment and sentence become final on direct review, regardless of any exceptional circumstances.
• Calzetta v. State of Fla. & Bryan R. Holt
  14 Fla. L. Weekly 1527· Fla. 5th DCA· 2019-04-22
  A motion to modify bail on a felony charge must be heard by a court in person with the defendant present and at least three hours' notice to the state attorney, and cannot be denied without such a hearing.
• State v. Dion Renoldo Wilson
  268 So. 3d 927· Fla. 5th DCA· 2019-04-18
  A traffic stop for failure to maintain a single lane is justified when the vehicle is operated in an unusual manner that endangers other vehicles, even if the driver's conduct does not constitute erratic or impaired driving.
• Benjamin v. Junior
  271 So. 3d 151· Fla. 3d DCA· 2019-04-18
  A trial court must make an explicit finding that a defendant's failure to appear was willful and that no reasonable conditions of release exist before ordering pretrial detention without bond.
• McGlocklin v. State
  273 So. 3d 1068· Fla. 3d DCA· 2019-04-17
  The court imposed a vexatious litigant restriction on Mike McGlocklin, prohibiting him from filing further pro se appeals and pleadings relating to his conviction in case F00-19296. The restriction was imposed after McGlocklin filed successive, duplicative, and meritless petition
• J.A. v. Housel
  26 Fla. L. Weekly S558· Fla. 3d DCA· 2019-04-15
  A juvenile petitioner challenges her continued detention in secure custody after a trial court mitigated her 100-day contempt sentence to time served (24 days) with no conditions. The appellate court granted the habeas corpus petition, holding that once the sentence was unconditi
• Conill-Valdes v. State
  266 So. 3d 879· Fla. 5th DCA· 2019-03-29
  A successive motion for postconviction relief under Florida Rule of Criminal Procedure 3.850 may be denied, and a petition for belated appeal of such denial is subject to denial on the merits.
• Howard v. State
  273 So. 3d 169· Fla. 5th DCA· 2019-03-29 ·via Habeas Corpus Relief
  In this workers' compensation appeal, the Florida District Court of Appeal reversed the lower court's denial of benefits to fruit pickers injured while assisting stranded motorists. The court held that the claimants' rescue efforts constituted a compensable activity under the pos
• T. L. v. F. M.
  Fla. 2d DCA· 2019-03-13
  T.L. petitioned for a writ of prohibition or habeas corpus challenging a circuit court's ex parte order authorizing law enforcement to transport her for involuntary substance abuse assessment and stabilization under Florida's Marchman Act. The court initially denied the petition
• Carroll v. Inch
  268 So. 3d 835· Fla. 1st DCA· 2019-02-27
  A habeas corpus petition challenging conditions or the validity of a sentence that could be remedied through available statutory procedures or direct appeal must be dismissed.
• Horvatt v. State
  263 So. 3d 793· Fla. 5th DCA· 2019-02-05
  A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his sentence may be prohibited from filing further pro se filings in that case.
• Johnson v. State
  273 So. 3d 1029· Fla. 3d DCA· 2019-01-23
  Demetrius Tony Johnson petitioned for a writ of habeas corpus challenging his 1997 conviction for armed robbery, attempted second-degree murder, and burglary with assault and battery while armed. After decades of successive and repetitive post-conviction filings, the court denied
• Crum v. State
  264 So. 3d 1030· Fla. 2d DCA· 2019-01-04
  A prisoner who personally swears under oath to the truth of documents filed in appellate proceedings cannot escape responsibility by claiming reliance on prison law clerks, and when false evidence is presented in multiple postconviction proceedings despite the prisoner's awarenes
• Marts v. Jones
  260 So. 3d 1057· Fla.· 2018-12-20
  Sidney Marts Jr., a state prisoner, filed his 29th pro se petition with the Florida Supreme Court since 2008, all relating to the same criminal case. The Court found Marts had engaged in vexatious filing of meritless petitions and imposed sanctions barring him from filing further
• Doyle Heard v. Dep't of Corr. & the Fla. Comm'n on Offender Review
  264 So. 3d 214· Fla. 1st DCA· 2018-12-14
  Inmate Doyle Heard sought habeas corpus relief challenging the cancellation of his overcrowding credits and the calculation of basic gain-time (BGT) forfeited after his parole revocations. The First District Court of Appeals affirmed the circuit court's denial, holding that the r
• Burke v. State
  259 So. 3d 1006· Fla. 5th DCA· 2018-12-14
  A petition for belated appeal may be granted to allow review of a trial court's order denying a habeas corpus petition.
• Carter v. State
  257 So. 3d 1227· Fla. 1st DCA· 2018-11-30
  A petition for writ of habeas corpus must be dismissed as unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
• Burnsed v. Fla. Comm'n on Offender Review
  Fla. 1st DCA· 2018-11-27
  The Florida Commission on Offender Review had discretionary authority under section 947.1405(6) to impose special conditions of conditional release, including internet restrictions, without limitation based on the offense date or sexual predator status. Restrictions on special co
• Haggan v. State
  263 So. 3d 132· Fla. 5th DCA· 2018-11-05
  When a defendant who initially posted bond fails to appear, then voluntarily surrenders and moves to set bond while claiming the failure was unintentional, the trial court must hold a hearing to determine whether the failure was willful and whether reasonable conditions of releas
• Schiming v. Jones
  256 So. 3d 1216· Fla.· 2018-10-19
  The court held that the petitioner's habeas corpus petition was repetitive and frivolous, warranting sanctions.
• Monroe v. State
  Fla. 1st DCA· 2018-10-18
  A petition for writ of habeas corpus is unauthorized when it seeks to litigate issues that could have been or were raised on direct appeal or in postconviction motions.
• Fredery Leon Duarte v. State
  Fla. 4th DCA· 2018-10-10
  A first appearance judge must make an explicit finding as to whether the probable cause affidavit establishes that proof of guilt is evident or the presumption is great before denying pretrial release without bond. Although the trial judge's failure to make this finding constitut
• Christy v. State
  253 So. 3d 1266· Fla. 1st DCA· 2018-10-03
  The speedy trial period runs from the date of arrest as to the specific arrest warrant, not from an earlier date when the defendant was incarcerated on other charges.
• Adams v. Utah Power Sys., LLC
  255 So. 3d 968· Fla. 3d DCA· 2018-09-14
  The Florida District Court of Appeal, Third District, granted Joel Adams's petition for writ of habeas corpus and quashed writs of bodily attachment issued against him for civil contempt of court based on alleged discovery violations. The court held that the trial court failed to
• Rogers v. State
  260 So. 3d 1079· Fla. 3d DCA· 2018-09-12
  A pro se litigant who repeatedly files pleadings raising issues that should have been presented in timely post-conviction relief motions may be prohibited from filing further pro se appeals and pleadings without attorney representation.
• Rogers v. State
  260 So. 3d 1079· Fla. 3d DCA· 2018-09-12
  Willie Rogers' petition for a writ of habeas corpus was denied on August 1, 2018, and the court subsequently issued an order to show cause why he should not be prohibited from filing further pro se appeals and motions. Rogers filed a response and motion for rehearing, which was d
• Foster Brown v. State
  Fla. 1st DCA· 2018-08-16
  A petition for writ of habeas corpus that fails to meet the requirements established in Baker v. State may be dismissed without detailed analysis.
• Crenshaw v. State
  252 So. 3d 856· Fla. 2d DCA· 2018-08-15
  Morris Crenshaw appeals the denial of his habeas corpus petition challenging his second-degree murder conviction based on an erroneous jury instruction on the lesser-included offense of manslaughter. The court granted relief, finding that Crenshaw's argument had merit and that de