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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Esdras Cardona's federal habeas petition challenging his 2007 Florida conviction for sexual battery and burglary was dismissed in part and denied in part because his claim about inadequate hearings on newly discovered evidence raised only state law issues and his remaining ineffe
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S.D. Fla.·
2022-06-10
The court held that Ground One of the habeas petition is procedurally defaulted due to failure to exhaust federal claims in state court, and Ground Two is denied because the state court's finding of harmless error was not an unreasonable application of federal law.
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S.D. Fla.·
2022-05-13
The court held that the state court's denial of the motion to suppress was an unreasonable application of clearly established federal law, requiring a new trial.
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S.D. Fla.·
2022-05-06
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts, thus denying the habeas petition.
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The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to, nor an unreasonable application of, federal law, and was not based on an unreasonable determination of the facts.
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The federal court denied the petition for a writ of habeas corpus, affirming the magistrate judge's recommendation that the state court's denial of the double jeopardy claim was not contrary to federal law or based on an unreasonable determination of facts.
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M.D. Fla.·
2022-03-31
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred due to failure to exhaust state remedies.
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M.D. Fla.·
2022-03-24
The court denied the petition for a writ of habeas corpus, finding the claims either procedurally barred or without merit under AEDPA standards.
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M.D. Fla.·
2022-03-07
A challenge to a state collateral proceeding does not provide a basis for federal habeas relief under 28 U.S.C. § 2254.
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N.D. Fla.·
2022-02-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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The court held that the petitioner's claims regarding his second conditional release and the extension of his sentence expiration date were without merit under state law, and thus not grounds for federal habeas relief.
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M.D. Fla.·
2022-01-27
The court held that Zink waived his claims by pleading guilty and that his statements were admissible under Miranda, as his reference to a lawyer was equivocal and he impliedly waived his rights.
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The court affirmed the magistrate judge's report, denying the petitioner's habeas petition and objections.
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M.D. Fla.·
2021-12-01
Royce W. Cook pleaded guilty to two counts of attempted capital sexual battery and four counts of sexual battery in exchange for a negotiated 25-year sentence. On federal habeas review, Cook challenged his conviction by asserting ineffective assistance of counsel claims, includin
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M.D. Fla.·
2021-10-21
The court held that the petitioner's claims were not contrary to or an unreasonable application of federal law, and the state court's factual determinations were not unreasonable.
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M.D. Fla.·
2021-09-21
A state prisoner's AEDPA limitations period does not restart when a sentence is amended nunc pro tunc to correct an omission, as this does not constitute a new judgment.
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M.D. Fla.·
2021-08-30
The court denied the habeas corpus application because the claims were either untimely, procedurally defaulted, or failed to meet the AEDPA's deferential review standards for state court decisions on ineffective assistance of counsel claims.
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M.D. Fla.·
2021-08-16
The court held that the petitioner's claims were procedurally defaulted or failed on the merits, and thus he was not entitled to federal habeas relief.
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M.D. Fla.·
2021-08-09
An inmate convicted of selling controlled substances within 1000 feet of a specified area filed a federal habeas petition challenging his state conviction by raising five grounds of ineffective assistance of counsel. The district court denied the petition, finding that the state
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N.D. Fla.·
2021-08-06
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2021-07-23
The court held that the petitioner failed to show the state court's decision was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts, thus denying habeas relief.
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M.D. Fla.·
2021-07-21
A Florida prisoner convicted of second-degree murder challenged his no-contest plea through a federal habeas petition, alleging ineffective assistance of counsel in failing to investigate the case and adequately disclose discovery evidence before advising him to plead guilty. The
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M.D. Fla.·
2021-07-21
Jose Antonio Torres sought federal habeas corpus relief challenging his Florida state conviction for kidnapping and the second-degree murder of Malik Muhammad, arguing that his trial counsel provided ineffective assistance in various ways, including failing to move to suppress ev
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M.D. Fla.·
2021-07-09
The federal habeas petition is timely due to equitable tolling, but claims are either procedurally barred or fail on the merits.
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M.D. Fla.·
2021-06-25
The court held that the petitioner's claims of ineffective assistance of counsel and lack of jurisdiction were procedurally barred or failed on the merits, and thus federal habeas relief was denied.
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S.D. Fla.·
2021-06-10
The court held that Petitioner is not entitled to a certificate of appealability to appeal the denial of his motion for reconsideration.
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The court held that the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied clearly established federal law, and therefore denied the petition for a writ of habeas corpus.
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The court held that the petitioner's claims of ineffective assistance of counsel were legally insufficient due to vague and conclusory allegations, failing to meet the heightened pleading standard required in habeas corpus proceedings.
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M.D. Fla.·
2021-04-30
The court held that the petitioner's amended petition for writ of habeas corpus is untimely as to one of his convictions, requiring dismissal in part.
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M.D. Fla.·
2021-04-16
The court held that the federal habeas petition was time-barred because it was filed more than one year after the judgment became final, and the petitioner failed to establish grounds for equitable tolling.
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M.D. Fla.·
2021-03-24
The court held that newly discovered evidence of actual innocence, without an independent constitutional violation, does not state a ground for federal habeas relief, and the petitioner failed to establish a Giglio claim.
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M.D. Fla.·
2021-03-22
The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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The court held that the petitioner's claim of ineffective assistance of counsel for failing to investigate an insanity defense was unexhausted and procedurally defaulted because the state court denied the claim as legally insufficient for failing to allege actual insanity at the
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The court held that the state court's denial of the petitioner's mandamus petition was not an unreasonable application of federal law or an unreasonable interpretation of the facts, and therefore denied the petition for writ of habeas corpus.
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The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to, or an unreasonable application of, clearly established federal law, or based on an unreasonable determination of the facts.
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The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claim was contrary to or an unreasonable application of federal law, or based on an unreasonable factual determination.
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The court held that the applicant's claim of ineffective assistance of counsel for failing to suppress pre-Miranda statements was procedurally barred due to failure to exhaust state remedies and present the specific factual basis to the state court. Even on the merits, the claim
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M.D. Fla.·
2020-12-18
The court held that the Petitioner is not entitled to habeas relief because the state court's decisions were not contrary to, nor did they involve an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-12-08
The court denied the petition for a writ of habeas corpus, finding no merit to claims of ineffective assistance of counsel.
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S.D. Fla.·
2020-11-30
A pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 is denied because the petitioner failed to exhaust her administrative remedies with the Florida Department of Corrections.
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The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either procedurally defaulted or that the state court's adjudication of the claims on the merits did not violate federal law under AEDPA standards.
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M.D. Fla.·
2020-11-25
The court denied the petition for habeas corpus, finding claims procedurally barred or without merit.
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The district court denied a petition for a writ of habeas corpus because the petitioner failed to demonstrate that the state court's decision was contrary to or unreasonably applied federal law, or based on an unreasonable determination of facts, and the claims were unexhausted o
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The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either procedurally barred or failed to meet the deferential standards required under AEDPA and Strickland v. Washington.
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M.D. Fla.·
2020-11-06
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-11-04
The federal court denied the habeas corpus application because the state court's decisions on the petitioner's ineffective assistance of counsel claims 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.·
2020-10-30
The federal habeas petition is denied because the petitioner failed to exhaust his claims in state court, leading to procedural default.
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N.D. Fla.·
2020-10-29
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2020-10-22
The court held that the petitioner's claims were not cognizable on federal habeas review or were procedurally defaulted under state law.
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M.D. Fla.·
2020-10-21
The court held that the petitioner's claims were unexhausted and, even if considered on the merits, lacked merit under the applicable standards of review.