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607 F. Supp. 2d 1291·
N.D. Fla.·
2008-11-17
·cited 4×
A new constitutional right recognized by the Supreme Court, even if retroactively applicable, only revives claims based on that specific right and does not revive previously time-barred claims.
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S.D. Fla.·
2025-09-30
The court held that the pro se petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA) because it was filed more than eight years after the one-year limitation period expired, and the petitioner failed to establish actual
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M.D. Fla.·
2025-09-16
The court held that the habeas corpus application was timely filed because the petitioner's post-conviction appeal was deemed timely under the prison mailbox rule, which tolled the federal statute of limitations.
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M.D. Fla.·
2025-05-08
The court held that the habeas corpus application was untimely and the actual innocence claim was not supported by credible evidence, thus denying relief.
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M.D. Fla.·
2025-04-23
The court held that the applicant's habeas corpus petition was time-barred and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2025-03-11
The court held that the petitioner's federal habeas petition was untimely filed and that he was not entitled to equitable tolling.
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M.D. Fla.·
2024-06-14
The court held that the habeas corpus application was time-barred and the applicant was not entitled to equitable tolling.
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M.D. Fla.·
2024-04-16
The court held that the petitioner's federal habeas petition was untimely because his state court judgment became final on May 14, 2012, and the subsequent Florida Supreme Court actions did not extend the finality date.
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M.D. Fla.·
2024-04-09
The court held that the petitioner's actual innocence claim failed because it relied on re-arguing the sufficiency of trial evidence rather than presenting new, reliable evidence. Therefore, the petition was dismissed as time-barred.
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S.D. Fla.·
2023-09-20
The federal habeas petition is dismissed as untimely because the amended judgment vacating one count did not restart the one-year limitations period under AEDPA.
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M.D. Fla.·
2023-08-01
The court held that the petitioner is time-barred from challenging two of his convictions and is no longer in custody for one, but the timeliness of challenging a third conviction remains undetermined. The court rejected the respondent's argument that the petitioner was not 'in c
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S.D. Fla.·
2023-06-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no exceptions applied.
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S.D. Fla.·
2023-03-29
The court held that the petitioner's second amended petition for a writ of habeas corpus was time-barred under AEDPA, and equitable tolling was not warranted due to his lack of diligence in complying with court orders and filing requirements.
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M.D. Fla.·
2023-01-03
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not excuse the delay.
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S.D. Fla.·
2020-12-31
The court held that a federal court cannot entertain a Fourth Amendment claim in a habeas petition if the petitioner had a full and fair opportunity to litigate the claim in state court, and that the petitioner's claim was procedurally barred under Stone v. Powell.