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.·
2020-10-19
The court held that the petitioner's claim regarding his sentence was unexhausted and, alternatively, without merit because he admitted the factual basis for the sentence during his guilty plea, which satisfied the requirements of Blakely and Apprendi.
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M.D. Fla.·
2020-10-14
The court held that the petitioner's federal habeas corpus application was untimely because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA), and the corrected sentencing documents did not reset the limi
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The court denied the petition for habeas corpus, finding that the state court's rejection of the petitioner's claims of ineffective assistance of counsel was not contrary to, or an unreasonable application of, federal law, nor based on an unreasonable determination of the facts.
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The federal court denied the petition for writ of habeas corpus, finding the state court's adjudications of the petitioner's claims were not contrary to, nor an unreasonable application of, clearly established federal law.
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A federal district court in Florida denied Ingram's habeas corpus petition challenging his conviction for first-degree premeditated murder of Glenn Dilworth, whom Ingram fatally stabbed after an altercation over a gun confrontation. The court held that most of Ingram's ineffectiv
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Louis Thomas sought federal habeas relief from his state conviction for robbery, challenging his trial attorney's representation under the Sixth Amendment's right to effective assistance of counsel. The district court denied relief, finding that Thomas failed to demonstrate eithe
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Byron McClendon, an inmate challenging a 2007 Florida conviction for drug trafficking and firearms-related offenses, filed a federal habeas corpus petition raising five ineffective assistance of counsel claims. The district court denied all claims after reviewing the state court
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A guilty plea waives non-jurisdictional claims, including ineffective assistance of counsel, unless the claim directly implicates the knowing and voluntary nature of the plea itself. Counsel's strategic decision not to file a pre-trial motion, based on a reasonable assessment of
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N.D. Fla.·
2020-09-15
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 most of the petitioner's claims of ineffective assistance of counsel were procedurally barred by her nolo contendere plea, and the remaining claims did not meet the high standard for federal habeas relief under AEDPA.
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A claim of actual innocence, standing alone, is not cognizable in a second or successive federal habeas petition unless accompanied by an independent constitutional violation.
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M.D. Fla.·
2020-08-19
The federal court denied the petition for a writ of habeas corpus because the petitioner failed to demonstrate that the state court's findings on her claims of ineffective assistance of counsel and due process violation were unreasonable.
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M.D. Fla.·
2020-08-19
The federal court denied a petition for a writ of habeas corpus because it was untimely filed under AEDPA's statute of limitations, and alternatively, the claims lacked merit.
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The court denied the petition for a writ of habeas corpus, finding that the state court's adjudication of the claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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The court denied the petition for a writ of habeas corpus because the petitioner's claims were either unexhausted, procedurally defaulted, or failed to meet the stringent standards for federal review under AEDPA.
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M.D. Fla.·
2020-07-20
The court held that the plaintiff's civil rights complaint was barred by the statute of limitations and the Rooker-Feldman doctrine, and thus failed to state a claim upon which relief could be granted.
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Roderick Campbell challenged his 2008 Florida convictions for firearm offenses through federal habeas corpus, arguing ineffective assistance of counsel and other constitutional violations. The federal court denied the petition, finding most claims procedurally barred or defaulted
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Thomas Woods, an inmate in the Florida penal system, challenged his 2013 conviction for trafficking in cocaine while armed with a firearm through a federal habeas corpus petition, arguing that his trial counsel was ineffective for failing to advise him of or pursue an entrapment
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M.D. Fla.·
2020-05-15
Larry G. Jossey, Jr., an inmate proceeding without counsel, petitioned for federal habeas relief under 28 U.S.C. § 2254, challenging his state court conviction for armed robbery on eight grounds, including claims of ineffective assistance of counsel, jury instruction errors, and
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N.D. Fla.·
2020-04-17
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability.
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The federal court denied the petition for a writ of habeas corpus because it was untimely filed and equitable tolling was not warranted.
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The court held that a petitioner released from custody is not eligible for federal habeas corpus relief under 28 U.S.C. § 2254 unless they demonstrate continuing collateral consequences.
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M.D. Fla.·
2020-02-25
The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-02-24
The court held that the petitioner's claims were either unexhausted and procedurally defaulted, or that the state court's denial of relief on the merits was not unreasonable under the applicable standards.
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Robert Gorham sought federal habeas relief arguing his trial attorney failed to convey a five-year pretrial plea offer, violating his Sixth Amendment right to effective assistance of counsel. The District Court found the state trial court improperly applied the legal standard for
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The court held that the petitioner failed to demonstrate that the state court's adjudication of his claims was contrary to or an unreasonable application of federal law, and thus denied the petition for habeas corpus relief.
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M.D. Fla.·
2020-01-28
The court held that the petitioner's claims were without merit and denied his petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2020-01-27
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, nor an unreasonable application of, clearly established federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2020-01-21
William Carson Merrill challenged his Florida manslaughter with a firearm conviction through federal habeas corpus, raising seven grounds of ineffective assistance of counsel claims under the Sixth and Fourteenth Amendments. The district court applied the strict deferential stand
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M.D. Fla.·
2019-12-06
Shuron Antwoune Hester filed a federal habeas petition challenging his Florida conviction for sexual battery and lewd or lascivious molestation of a child. The District Court denied the petition, finding that several claims were procedurally barred due to insufficient exhaustion
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Randy Archiquette pleaded guilty to DUI manslaughter and related charges stemming from a series of traffic accidents that killed two people while driving with a blood alcohol content more than double the legal limit. Archiquette's federal habeas petition, which challenged his con
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Terry Ragland was convicted of second-degree murder and attempted armed robbery in the 2010 murder of a robbery victim. The federal district court denied Ragland's habeas petition challenging his conviction on grounds of ineffective assistance of trial counsel, finding that each
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M.D. Fla.·
2019-09-06
The court held that the applicant's claims in ground one were procedurally barred due to failure to exhaust state remedies, and the claims in ground two, alleging ineffective assistance of counsel, were denied as the state court's adjudication was not contrary to or an unreasonab
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M.D. Fla.·
2019-09-03
The court held that most of the applicant's claims were procedurally barred from federal review due to failure to properly present them in state court. The remaining claim of ineffective assistance of counsel was denied as the state court's decision was not contrary to or an unre
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The court held that an evidentiary hearing is warranted on Petitioner's claim that counsel failed to advise him of his maximum prison exposure, but denied other claims of ineffective assistance of counsel.
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N.D. Fla.·
2019-08-17
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.·
2019-08-08
The court held that the petitioner's claims of ineffective assistance of counsel were without merit and denied his petition for a writ of habeas corpus.
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N.D. Fla.·
2019-05-09
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 was not entitled to federal habeas relief because the state court's adjudications of his claims were not contrary to, nor an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the
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The court held that the Florida Parole Commission did not abuse its discretion in revoking Petitioner's conditional release supervision, as it accepted the hearing examiner's findings of guilt and acted within its statutory authority.
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The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law and was based on reasonable factual determinations, thus denying the petition for writ of habeas corpus.
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The court held that the petitioner's claim regarding jury instructions was procedurally defaulted and that his claim regarding the admissibility of his confession was not an unreasonable application of federal law.
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The court held that most of the petitioner's claims were procedurally barred, failed to meet the standards for federal habeas relief under 28 U.S.C. § 2254(d), or were based on state law issues not cognizable in federal habeas corpus.
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A state court's conviction for criminal contempt based on a letter critical of a judge, using a standard less stringent than the federal 'clear and present danger' test, is an unreasonable application of clearly established federal law.
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The court held that a pro se prisoner's petition for writ of habeas corpus is not deemed filed until it is received by the clerk of court, and mailing it on the last day of the limitation period does not constitute timely filing. Furthermore, the court found that the petitioner h
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The court held that the district court properly denied the habeas corpus petition because the petitioner procedurally defaulted on most claims and the remaining claims lacked merit or were based on state law errors.
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The court held that the trial court's decision to allow a potentially biased juror was supported by the record and that the exclusion of certain evidence did not violate due process. However, the district court erred in applying the concurrent sentence doctrine to dismiss a habea
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The court denied the application for a certificate of probable cause, finding no substantial showing of the denial of a federal right.
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The court held that the state court's finding that the petitioner's guilty plea was voluntary and intelligent should be presumed correct, despite language difficulties and temporary contradictions in the plea colloquy.
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990 F.2d 352·
8th Cir.·
1993-03-29
The court held that trial counsel's failure to object to the use of an out-of-state conviction to enhance a sentence under Ark.Code Ann. § 5-64-401(c) constituted ineffective assistance of counsel, warranting habeas relief.