252 Florida cases classified under this topic, plus 657 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court held that the petitioner's claims regarding competency, ineffective assistance of counsel, and prosecutorial misconduct lacked merit and were denied.
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The court denied the petition for writ of habeas corpus, finding that the state court's decisions were reasonable and that trial counsel's performance was not constitutionally ineffective.
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The Capital Collateral Representative (CCR) lacks standing to file a habeas corpus petition on behalf of an inmate who has knowingly and voluntarily waived his right to collateral counsel and further proceedings.
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The court held that a fourteen and one-half month delay in bringing Hakeem to trial does not automatically establish prejudice for a speedy trial violation, and remanded for an evidentiary hearing on the cause of the delay.
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The court held that a petitioner must demonstrate actual innocence of the crime for which they are being sentenced as an habitual offender to overcome procedural default under the miscarriage of justice exception.
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The admission of two videotaped statements from a child victim, one under a medical diagnosis exception and the other under a special child hearsay exception, violated the defendant's Sixth Amendment right to confrontation because the statements lacked sufficient indicia of relia
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The dissent argues that the defendant's stipulation to facts mirroring the indictment constituted a de facto guilty plea, requiring the protections of Boykin v. Alabama, which were not afforded.
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The court denied the petition for a writ of habeas corpus, finding no constitutional violations regarding jury intimidation, discriminatory peremptory challenges, denial of continuances, execution of an eighteen-year-old, transcript errors, or the Hitchcock claim.
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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.
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729 F.2d 356·
5th Cir.·
1984-04-12
·cited 1×
The court held that the district court erred in summarily denying the petitioner's claim of ineffective assistance of counsel based on the failure to call a key alibi witness, requiring further proceedings.
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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.
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The Court held that the petitioner's claims for ineffective assistance of counsel and double jeopardy were successive and dismissed for lack of jurisdiction, and the due process claim based on destroyed evidence was untimely.
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The court held that the petitioner is not entitled to federal habeas relief because his claims are either unexhausted, procedurally defaulted, or the state court reasonably applied federal law.
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The court held that Grounds One through Three are procedurally barred due to failure to exhaust state remedies and failure to "federalize" the claims. Ground Four, alleging ineffective assistance of counsel, was not granted as the applicant failed to show the state court's decisi
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M.D. Fla.·
2025-12-17
The court held that the habeas corpus application was time-barred because the applicant failed to demonstrate entitlement to equitable tolling and did not properly toll the limitations period through state post-conviction proceedings.
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M.D. Fla.·
2025-12-09
The court held that the petitioner's claims were not cognizable on federal habeas review, either because they involved Fourth Amendment claims that had a full and fair opportunity for litigation in state court, or because they rested on alleged misapplications of state law.
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M.D. Fla.·
2025-12-04
The court held that clarifying an ambiguous oral sentence pronouncement does not violate the Double Jeopardy Clause, especially when the clarification aligns with the parties' original plea agreement.
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M.D. Fla.·
2025-12-01
The court held that the state court's denial of habeas relief was not contrary to federal law or an unreasonable determination of facts, and thus denied the petition.
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M.D. Fla.·
2025-11-19
The court held that the habeas application challenging the 2023 judgment is time-barred and the applicant is no longer in custody, and the challenge to the 2025 judgment is premature because it is still pending state appeal.
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M.D. Fla.·
2025-11-17
The court held that the petitioner's federal habeas corpus petition was timely filed because the one-year limitations period was tolled by his state post-conviction proceedings.
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N.D. Fla.·
2025-11-05
The court held that the petitioner's federal habeas claim was unexhausted and procedurally defaulted because he failed to present it to the state courts and it appeared to be based on state law.
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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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The court held that the petitioner failed to establish ineffective assistance of counsel or prosecutorial misconduct, and thus his petition for a writ of habeas corpus is denied.
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The court held that the petitioner's claims were waived by his guilty plea and, alternatively, that the claims lacked merit and were procedurally barred. A certificate of appealability was denied.
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The court held that the petitioner's claims for federal habeas relief were denied because the alleged trial error was harmless, the second claim was procedurally defaulted, and the remaining claims of ineffective assistance of counsel were meritless.
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M.D. Fla.·
2025-09-09
Earon Tyler, convicted of murder and attempted robbery in 1995, sought federal habeas relief on thirteen claims of ineffective assistance of trial counsel, most of which were not exhausted in state court. The court found that Tyler failed to establish the requisite Strickland pre
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The court held that the state court's denial of the habeas petition was reasonable, as the applicant failed to demonstrate ineffective assistance of counsel or prejudice under AEDPA standards.
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George Shrader challenged his 1986 conviction for the murder and sexual battery of Sharon Moss based on DNA evidence obtained 25 years after the crime, raising claims of jury contamination, insufficient evidence, ineffective counsel, and prosecutorial misconduct. The federal cour
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The court denied the petition for a writ of habeas corpus, finding no merit in the petitioner's claims regarding hearsay, sentencing, ineffective assistance of counsel, judicial bias, or opening the door to harmful testimony.
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The petition is denied because it is insufficiently pleaded and fails on the merits, and a certificate of appealability will not issue.
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M.D. Fla.·
2025-07-14
The court held that the applicant's claims are procedurally barred from federal review because they were not properly exhausted in state court and the applicant failed to demonstrate cause and prejudice or a fundamental miscarriage of justice.
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The court held that the applicant failed to show that the state court's denial of his ineffective assistance of counsel claims was objectively unreasonable.
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M.D. Fla.·
2025-06-23
Brian Keith Smith, a Florida inmate sentenced to life imprisonment for armed robbery, petitioned for federal habeas corpus relief raising eight claims, including trial court errors in allowing certain testimony and jury instruction issues, as well as several ineffective assistanc
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M.D. Fla.·
2025-06-13
The court held that a federal court cannot grant habeas relief for claims not cognizable under federal law or for which adequate state remedies exist. The court denied claims regarding prosecutorial fraud and due process violations for mandatory costs, and dismissed a claim about
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The court held that the petitioner's claims of ineffective assistance of counsel were meritless, as the state courts reasonably applied federal law and the facts. The court denied the petition for a writ of habeas corpus.
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N.D. Fla.·
2025-05-15
The court recommended dismissal of the petition because a non-attorney cannot file on behalf of others, the venue was improper for conditions of confinement claims, and the court lacked jurisdiction for challenges to criminal convictions.
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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.·
2025-05-02
The court held that the state court's denial of the petitioner's speedy trial claim was not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
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Martin Mahon, an Irish national with a violent history with his former girlfriend Gillian Johnston, challenged his conviction for attempted second-degree murder on grounds that his trial counsel was ineffective for failing to object to confusing and erroneous jury instructions on
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John Dickie pleaded no contest to thirty counts of possessing child pornography and sought federal habeas corpus relief challenging his thirty-three-year sentence by asserting ineffective assistance of trial counsel and prosecutorial misconduct. The court denied all claims, findi
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N.D. Fla.·
2025-04-17
The court recommended transferring the case, construed as a habeas petition, to the Middle District of Florida due to improper venue.
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M.D. Fla.·
2025-04-17
The court held that the plaintiff's filing, though styled as a § 1983 complaint, should be construed as a habeas petition and transferred to the proper venue. The court reasoned that justice is better served by transferring the case to the Middle District of Florida rather than d
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M.D. Fla.·
2025-03-12
The court held that the petitioner is not entitled to federal habeas relief because the state court's decision to find forfeiture of the right to counsel was not contrary to or an unreasonable application of clearly established federal law, and the denial of deposition transcript
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The court held that the applicant failed to show that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law.
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Reinier Fundora-Martinez, an inmate convicted in Duval County state court of motor vehicle fraud and organized fraud offenses, sought federal habeas relief under 28 U.S.C. § 2254, raising five grounds including claims of deficient performance by his trial counsel regarding failur
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The court held that the petitioner failed to demonstrate that the state court's ruling on his ineffective assistance of counsel claims was contrary to federal law or based on an unreasonable determination of facts.
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M.D. Fla.·
2025-02-14
The court held that the state court's adjudication of the petitioner's claims was not contrary to federal law and denied the petition for writ of habeas corpus.
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S.D. Fla.·
2025-02-13
The court held that a federal habeas petition containing unexhausted claims should be dismissed without prejudice if the petitioner has not demonstrated good cause for the failure to exhaust and a viable state procedure remains available.
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M.D. Fla.·
2025-02-11
Oscar Wesley Smith, convicted of second-degree murder in the 2006 killing of a homeless woman in Ruskin, Florida, sought federal habeas relief challenging his life sentence on multiple grounds of ineffective assistance of counsel and prosecutorial misconduct. The district court d
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Grounds Three and Four are procedurally barred from federal review because the petitioner failed to fairly present the federal nature of these claims to the state courts. Grounds One and Two are subject to review on the merits.