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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M.D. Fla.·
2024-01-25
The court held that the petitioner's federal habeas corpus petition is time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) because it was filed more than one year after the finalization of his state court conviction and subsequent appeals.
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M.D. Fla.·
2024-01-22
The court held that the applicant's current habeas corpus application is an unauthorized second or successive application because it challenges the original 1996 judgment, not a new one, and thus the district court lacks jurisdiction.
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The court held that the petitioner procedurally defaulted his federal due process claim and failed to establish cause and prejudice to overcome the default, and thus denied his petition for a writ of habeas corpus.
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The court held that the state postconviction court reasonably denied the petitioner's claim of ineffective assistance of counsel, as the petitioner failed to show deficient performance or prejudice under Strickland v. Washington, especially given the deference owed under AEDPA.
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M.D. Fla.·
2023-12-21
The court held that the petitioner's claims were procedurally defaulted and not excused by any exceptions, thus denying his petition for a writ of habeas corpus.
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M.D. Fla.·
2023-12-20
The federal court denied a habeas corpus application because the claims were either procedurally defaulted or the state court's denial of the claims did not involve an unreasonable application of federal law.
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M.D. Fla.·
2023-11-30
The court held that the applicant's federal habeas corpus application was time-barred because he failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2023-10-30
The court held that the applicant's habeas corpus petition was time-barred and not entitled to equitable tolling.
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The court held that the petitioner's claims were unexhausted and procedurally barred, or alternatively, that the state court's adjudication was entitled to deference and not contrary to federal law.
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The court held that the petitioner's motion for reconsideration was denied because the prior order dismissing his Brady claim as procedurally barred was not final and the state court's application of the procedural bar was not incorrect.
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M.D. Fla.·
2023-08-29
The court granted the petitioner's motion to stay federal habeas corpus proceedings pending exhaustion of state remedies.
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M.D. Fla.·
2023-08-14
The court held that the petitioner's motion for relief from a prior federal habeas denial, filed over thirty-five years later, was untimely under Rule 60(b)(2) and (3) of the Federal Rules of Civil Procedure.
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Mario Cardenas petitioned for federal habeas corpus relief challenging his state court convictions for conspiracy to purchase cocaine and attempted cocaine trafficking, claiming the trial court violated his rights by denying disclosure of a confidential informant's identity and a
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The court held that the petitioner's claims were adjudicated on the merits by the state court and did not meet the high bar for federal habeas relief under AEDPA, as counsel's strategic decisions were reasonable and motions to suppress would have been futile.
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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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M.D. Fla.·
2023-07-13
The court held that a certificate of appealability is required to appeal the denial of a Rule 60(b) motion in a § 2254 proceeding, and the applicant failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2023-07-10
The court held that the petitioner's habeas corpus petition was untimely because the amended judgments, entered nunc pro tunc, did not reset the statute of limitations, and the claim was also procedurally barred.
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M.D. Fla.·
2023-06-13
The court held that the petitioner's claim for additional gain time credit became moot upon his release from prison, as it could no longer affect the length of his completed sentence.
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S.D. Fla.·
2023-05-31
A pro se prisoner's civil rights complaint challenging the constitutionality of his state-court conviction is not cognizable under 42 U.S.C. § 1983 and must be dismissed.
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M.D. Fla.·
2023-05-10
The court denied the habeas corpus application because the state court's decisions were not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
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M.D. Fla.·
2023-05-09
The court held that an untimely state post-conviction motion does not toll the federal habeas corpus statute of limitations, and the applicant's claim of manifest injustice based on a change in law does not establish actual innocence.
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M.D. Fla.·
2023-05-03
The court held that the petitioner's claim regarding the statute of limitations is not cognizable on federal habeas review because it is an issue of state law and is procedurally barred due to failure to exhaust state remedies.
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M.D. Fla.·
2023-04-12
The court held that the petitioner's claims of ineffective assistance of counsel were meritless, as the state court's decisions were not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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The court held that the state court's denial of the petition for writ of habeas corpus was not contrary to or an unreasonable application of federal law, and the factual findings were reasonable.
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M.D. Fla.·
2023-03-30
The federal district court dismissed a habeas petition because the petitioner was not 'in custody' under the challenged convictions at the time of filing.
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M.D. Fla.·
2023-03-30
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either procedurally defaulted or failed on the merits.
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M.D. Fla.·
2023-03-22
The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2023-03-20
The court held that the petitioner 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, or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-03-02
The court held that the state court's decisions were not contrary to or an unreasonable application of federal law and were based on reasonable factual determinations, thus denying the petition for writ of habeas corpus.
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M.D. Fla.·
2023-02-21
The court denied the petition for a writ of habeas corpus, finding that the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-02-14
Pasquale Morganti, a Florida inmate, filed a federal habeas petition challenging his 2013 convictions for burglary and grand theft, raising nine claims including allegations of insufficient evidence, ineffective assistance of trial and appellate counsel, and various trial errors.
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M.D. Fla.·
2023-01-03
Dixon challenged his state court convictions for aggravated assault with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm in a federal habeas corpus petition, raising seven grounds of error. The District Court denied the petition, finding
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M.D. Fla.·
2022-12-28
A pro se prisoner's civil rights complaint challenging the validity of his criminal conviction must be dismissed for failure to state a claim.
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The federal court denied the habeas petition because the state court's decision denying the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
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M.D. Fla.·
2022-12-13
The court held that the habeas corpus application was time-barred and therefore dismissed, denying a certificate of appealability and leave to appeal in forma pauperis.
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The federal court denied the petition for a writ of habeas corpus because the claims were procedurally defaulted and not subject to federal review.
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M.D. Fla.·
2022-11-22
A federal court cannot grant a pre-trial detainee's habeas corpus petition seeking to intervene in an ongoing state criminal proceeding, absent extraordinary circumstances.
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Badi Burgos, a Florida prisoner convicted of felony murder and armed robbery, filed a federal habeas petition challenging his state conviction and sentence, raising claims about the trial court's failure to conduct hearings on his right to self-representation and discharge of cou
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M.D. Fla.·
2022-11-17
The court held that the applicant failed to show that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
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S.D. Fla.·
2022-11-03
A federal district court denied a habeas corpus petition from Checkingson Sinclair, who was convicted in Florida state court of killing his pregnant wife and their unborn child. The court dismissed three claims as procedurally defaulted because Sinclair failed to exhaust them in
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The court adopted the Magistrate Judge's Report and Recommendation, finding that the petitioner's claims of ineffective assistance of counsel and challenges to his sentence were without merit.
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M.D. Fla.·
2022-09-26
The court held that the petitioner's claims were procedurally defaulted and/or without merit, and therefore denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2022-09-07
The court held that one ground for relief was procedurally barred and that the remaining ground did not demonstrate prejudice, thus denying the habeas corpus petition.
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The court held that the petitioner failed to show good cause or satisfy the stringent requirements of 28 U.S.C. § 2254(e)(2) for discovery in his federal habeas corpus petition.
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M.D. Fla.·
2022-08-02
A Florida prisoner, Shola McCarthy, sought federal habeas relief challenging his conviction for robbery while using a police scanner, which resulted in a 27-year sentence, claiming insufficiency of evidence, prosecutorial misconduct, ineffective assistance of trial and appellate
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M.D. Fla.·
2022-07-26
The court held that the petitioner's claims did not meet the standard for federal habeas corpus relief under 28 U.S.C. § 2254, as the state court decisions were not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2022-07-22
The court held that the applicant's amended habeas application was untimely as to one ground and that the state court's denial of the remaining ineffective assistance of counsel claim was not an unreasonable application of federal law or determination of facts.
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M.D. Fla.·
2022-07-20
The petition for writ of habeas corpus is denied because the claims are either not cognizable, procedurally barred, waived by plea, or fail on the merits under AEDPA review.
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S.D. Fla.·
2022-06-21
The court held that the petitioner's claims were procedurally defaulted or not cognizable in federal habeas proceedings because they were not presented as federal issues in state court.