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

• Gernard Chestnut v. State
  251 So. 3d 349· Fla. 1st DCA· 2018-08-10
  A petition for writ of habeas corpus that does not meet the requirements for authorization under Florida law must be dismissed.
• Casey v. Jones
  249 So. 3d 1326· Fla. 1st DCA· 2018-08-01
  A petition for writ of habeas corpus may not be used to seek a belated appeal of an order in a civil proceeding.
• Sniceson Fleury v. State
  254 So. 3d 975· Fla. 4th DCA· 2018-07-25
  A pretrial release condition requiring a defendant to demonstrate that bond funds are not derived from illegal activity is authorized by Florida law under § 903.046(2)(f) and does not constitute unconstitutional pretrial detention when imposed as a reasonable condition of release
• Nails v. Walmart
  252 So. 3d 332· Fla. 3d DCA· 2018-07-25
  A writ of habeas corpus cannot be used to obtain belated appeal of a circuit court order denying mandamus review of a presumptive parole release date determination, because the PPRD calculation does not implicate a constitutionally protected liberty interest requiring appointed c
• Sardinas v. Junior
  252 So. 3d 295· Fla. 3d DCA· 2018-07-12
  A trial court may order pretrial detention without bond when it finds, based on statutory criteria including past bond violations and failure to appear, that no conditions of release can reasonably assure the defendant's appearance or protect community safety. The State's oral cl
• Barnwell v. Jones
  246 So. 3d 1290· Fla. 1st DCA· 2018-06-28
  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.
• Connelly v. State
  Fla. 1st DCA· 2018-06-28
  A habeas corpus petition filed by a noncapital defendant seeking collateral postconviction relief that is untimely, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion under rule 3.850 must be dismissed as unauthori
• Darling v. State
  246 So. 3d 1290· Fla. 1st DCA· 2018-06-28
  A petition for writ of habeas corpus is dismissed as unauthorized.
• Pappas v. State
  249 So. 3d 777· Fla. 1st DCA· 2018-06-28
  A petition for writ of habeas corpus that does not satisfy the requirements established in Baker v. State must be dismissed as unauthorized.
• Aglio v. State
  246 So. 3d 571· Fla. 3d DCA· 2018-06-27
  A $700,000 bond set without compliance with Florida's pretrial release framework violates the defendant's constitutional right to pretrial release on reasonable conditions under Article I, section 14 of the Florida Constitution.
• Sammie Lee Stallworth v. State
  245 So. 3d 1016· Fla. 1st DCA· 2018-06-20
  A petition for writ of habeas corpus is dismissed when it is successive.
• D.F. v. State
  Fla. 5th DCA· 2018-06-04
  The State must present clear and convincing evidence that a person is likely to suffer neglect without treatment or poses a substantial likelihood of inflicting serious bodily harm; a diagnosis of mental illness alone, combined with a preference for pre-packaged food and bottled
• L.G. v. State
  244 So. 3d 418· Fla. 5th DCA· 2018-05-31
  The court granted L.G.'s habeas corpus petition and ordered his immediate release from involuntary psychiatric confinement because the trial court lacked clear and convincing evidence that he was a danger to himself or others as required by the Baker Act.
• Holmes v. State
  245 So. 3d 1008· Fla. 3d DCA· 2018-05-30
  A sentence of life imprisonment does not violate the Florida Constitution's proscription against indefinite terms of imprisonment.
• L.G. v. State
  Fla. 5th DCA· 2018-05-28
  A trial court cannot order involuntary psychiatric confinement under the Baker Act without clear and convincing evidence that the person is a danger to himself or others.
• A.B. v. State
  Fla. 5th DCA· 2018-05-28
  A.B., a minor charged with illegal possession of a firearm, petitioned for habeas corpus challenging her placement in secure detention. The court found the trial court incorrectly recalculated her Risk Assessment Instrument (RAI) by double-counting the firearm possession offense,
• Guillaume v. State
  244 So. 3d 416· Fla. 5th DCA· 2018-05-23
  The Fifth District Court of Appeal of Florida granted a petition for a writ of habeas corpus, ordering the trial court to hold a hearing on the petitioner's motion to reduce bail. The court's decision was based on its reasoning in a related case, Moore v. State.
• Hubbard v. State
  245 So. 3d 1005· Fla. 3d DCA· 2018-05-23
  A habeas corpus petition that is actually a motion to vacate judgment may be denied by the trial court, and such denial will be affirmed on appeal.
• Dameon T. Moore v. State
  Fla. 5th DCA· 2018-05-21
  Dameon Moore petitioned for a writ of habeas corpus challenging the trial court's denial of his motion to reduce bail without a hearing. The court granted the petition, finding that Florida law requires bail modification motions to be heard in person by the court, and the trial j
• Guillaume v. State
  Fla. 5th DCA· 2018-05-21
  A trial court must conduct a proper hearing on a defendant's motion to reduce bail under Florida Rule of Criminal Procedure 3.131.
• Tysheona Smith v. State
  Fla. 5th DCA· 2018-05-07
  Where a defendant adjudicated incompetent to proceed commits a new offense while on conditional release, the trial court may only modify release conditions or involuntarily commit the defendant to the Department of Children and Family Services; detention pending commitment evalua
• Allen v. State
  241 So. 3d 981· Fla. 1st DCA· 2018-04-10
  A petition for writ of habeas corpus is dismissed as moot when the circumstances that gave rise to the petition no longer exist.
• Richardson v. State
  241 So. 3d 925· Fla. 3d DCA· 2018-04-04
  Appellant Richardson is affirmed and directed to show cause why he should not be prohibited from filing further pro se appeals and pleadings relating to the underlying case.
• Hunter v. State
  238 So. 3d 1282· Fla. 1st DCA· 2018-03-29
  A petition for writ of habeas corpus that does not satisfy the requirements for original jurisdiction habeas relief must be dismissed as unauthorized.
• Alvarez v. State
  254 So. 3d 510· Fla. 3d DCA· 2018-03-28
  When a petitioner seeking a belated appeal makes claims disputed by the State through affidavit or specific contrary allegations, an appellate court must order an evidentiary hearing in the trial court to determine the limited disputed issues of fact before ruling on the petition
• White v. State
  240 So. 3d 61· Fla. 1st DCA· 2018-02-09
  A petition for writ of habeas corpus alleging ineffective assistance of appellate counsel is denied on the merits.
• Cannon v. State
  251 So. 3d 852· Fla. 2d DCA· 2018-02-02
  Cannon petitioned for a writ of mandamus to quash a capias warrant issued for failing to appear at a pretrial conference. The court granted the petition, treating it as habeas corpus, holding that the trial court lacked adequate notice to Cannon that his physical appearance was r
• Jenkins v. State
  233 So. 3d 1291· Fla. 1st DCA· 2018-01-30
  A petition for writ of habeas corpus was denied on the merits.
• J.F. v. State
  Fla. 5th DCA· 2018-01-08
  A petitioner committed to involuntary inpatient placement must be released by habeas corpus when the record contains no clear and convincing evidence that he is a danger to himself or others.
• Barringer v. FLA. Dept. Corr.
  231 So. 3d 598· Fla. 1st DCA· 2017-12-21
  The court held that a petitioner's repeated pro se filings attacking a conviction constituted an abuse of the legal process, warranting a bar from future pro se filings.
• Rodriguez v. State
  237 So. 3d 1069· Fla. 3d DCA· 2017-12-13
  The court held that an order denying a motion to dismiss a violation of probation affidavit is not an appealable order.
• Eckford v. State
  230 So. 3d 1280· Fla. 5th DCA· 2017-12-11
  James Anthony Eckford, Jr. petitioned for a writ of habeas corpus challenging his pretrial detention without a bond hearing. The court granted the petition, holding that a defendant is entitled to a bond hearing even when questions about competency to stand trial remain unresolve
• Belcher v. Jones
  228 So. 3d 530· Fla.· 2017-11-02
• Lucas v. State
  230 So. 3d 579· Fla. 2d DCA· 2017-11-01
• Ishsha Shalem v. Junior
  235 So. 3d 966· Fla. 3d DCA· 2017-10-31
  Ishsha Shalem petitioned for a writ of habeas corpus challenging her pretrial detention without bond. The appellate court granted the petition, finding the trial court failed to comply with statutory and procedural requirements for pretrial detention determinations, and ordered a
• Ishsha Shalem v. Junior
  238 So. 3d 342· Fla. 3d DCA· 2017-10-27
  The court held that the trial court failed to follow statutory and rule requirements for pretrial detention, thus the detention was unlawful.
• Hernandez v. State
  230 So. 3d 509· Fla. 3d DCA· 2017-10-04
  The appellate court summarily affirmed the trial court's denial of the motion to extend the appeal period.
• T.M. v. State
  227 So. 3d 745· Fla. 5th DCA· 2017-09-29
  The court held that a trial court must enter written findings to justify secure detention, even if findings are made orally at a hearing.
• Doorbal v. Jones
  227 So. 3d 110· Fla.· 2017-09-20
  Noel Doorbal's death sentence is vacated because his jury voted 8-4 for death, violating the requirement established in Hurst v. State that all critical findings for death sentences must be made unanimously by the jury. The case is remanded for a new penalty phase proceeding.
• Chiarella v. State
  242 So. 3d 1063· Fla. 2d DCA· 2017-08-16
• However v. State
  Del. Super. Ct.· 2017-08-07 ·via Federal Habeas Corpus
  The court denied the defendant's motion for postconviction relief, finding it to be time-barred and otherwise procedurally barred. The court also determined that the claims raised were without merit.
• Z.J. v. State
  224 So. 3d 308· Fla. 5th DCA· 2017-08-02
  A juvenile petitioner seeks habeas corpus relief challenging her secure detention beyond the statutory 21-day limit. The court grants the petition, finding that the trial court violated Florida's strict statutory detention requirements by failing to either release the juvenile or
• Wilfredo Cardenas v. State
  225 So. 3d 304· Fla. 3d DCA· 2017-07-05
  Wilfredo Cardenas petitioned for a writ of habeas corpus seeking a belated appeal of his 2014 guilty plea to second-degree murder, claiming he instructed his defense counsel to appeal a trial court's denial of a motion to suppress. The court appointed a commissioner to conduct an
• Jermetras Watson v. State
  220 So. 3d 1281· Fla. 5th DCA· 2017-06-26
  The court held that the lower court erred by denying pre-trial bond without a proper pre-trial detention hearing as required by rule.
• Donte Jermaine Hall v. State
  219 So. 3d 783· Fla.· 2017-06-15
  The Florida Supreme Court affirmed the denial of Hall's postconviction guilt phase claims and rejected his habeas petitions challenging his murder conviction, but vacated his death sentence and remanded for a new penalty phase based on Hurst v. Florida, which requires jury unanim
• Howarth v. Dep't OF Corr. & State of Fla.
  220 So. 3d 485· Fla. 5th DCA· 2017-04-28
  Mark Howarth appealed the dismissal of his habeas corpus petition challenging the sufficiency of an information filed against him. The Fifth District affirmed the dismissal, holding that while the trial court erred in dismissing based on failure to serve the State within 120 days
• C.R.T. v. State
  215 So. 3d 187· Fla. 5th DCA· 2017-04-04
  The court held that the thirty-day sentences for contempt violated statutory limits and granted the petition for a writ of habeas corpus.
• Vega v. Dep't OF Child. & Families
  214 So. 3d 775· Fla. 2d DCA· 2017-03-31
  A civilly committed individual cannot refuse required mental health examinations and then claim the Department is failing its statutory obligations due to the lack of those examinations.
• State v. Castro Guerra
  215 So. 3d 134· Fla. 3d DCA· 2017-03-22 ·via Habeas Corpus Relief
  The State appeals a trial court's order granting post-conviction relief and ordering a new trial for Castro Guerra. The appellate court affirms, holding that Guerra's case should have been treated the same as similarly situated defendants under Florida Supreme Court precedent, pa
• D.P.O. v. State
  212 So. 3d 1064· Fla. 5th DCA· 2017-02-24
  The court held that electronic monitoring beyond 15 days without a continuance for cause is unauthorized detention under statute.