634 Florida cases classified under this topic, plus 415 listed through its narrower topics · sorted by citation count · browse and sort
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The court held that the petitioner's federal habeas petition was time-barred under AEDPA because it was filed more than one year after his judgment became final and he failed to demonstrate statutory tolling, equitable tolling, or actual innocence.
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The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither the actual innocence exception nor equitable tolling applied.
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The Court denied the petition for a writ of habeas corpus, finding no substantial claims of ineffective assistance of counsel or constitutional violations.
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The Court held that the due process claim was procedurally barred and that the ineffective assistance of counsel claims were properly denied by the state court.
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The court held that Petitioner's counsel was not ineffective for presenting a sleepwalking defense as an insanity defense under Florida law, as Florida courts categorize sleepwalking as a form of insanity.
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M.D. Fla.·
2024-05-20
Gregory Kennon, a Florida inmate, challenged his 2009 conviction for two counts of first-degree murder and armed burglary through a federal habeas petition alleging eight instances of ineffective assistance of trial counsel, including failures to investigate witnesses, call an al
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S.D. Fla.·
2024-05-14
Tyrell Deronville, sentenced to life plus 30 years for second-degree murder and attempted second-degree murder in a shooting over a drug dispute, filed a federal habeas petition challenging his conviction based on claims of ineffective assistance of counsel. The district court di
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The court held that several of the applicant's claims were unexhausted and procedurally defaulted, and the actual innocence exception did not apply. The remaining claim was denied on the merits.
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The court held that the applicant's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act and denied a certificate of appealability.
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The court held that the petitioner's habeas corpus application was time-barred and dismissed it.
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M.D. Fla.·
2024-05-03
The court held that the petitioner's federal habeas petition was untimely filed and that he failed to establish grounds for equitable tolling.
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M.D. Fla.·
2024-04-29
A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is 'in custody' under the challenged judgment, and the one-year statute of limitations under AEDPA applies.
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M.D. Fla.·
2024-04-26
The court held that the petitioner's habeas corpus petition was untimely filed because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling.
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M.D. Fla.·
2024-04-26
Perez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state court convictions for lewd and lascivious battery and molestation of a 14-year-old victim. The district court dismissed the amended petition as time-barred under AEDPA's one-year statu
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S.D. Fla.·
2024-04-22
The court held that a document labeled 'State of Florida Plea Offer Sheet' did not constitute a clear plea offer because it lacked material terms, and thus counsel's failure to communicate it did not constitute ineffective assistance.
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The court held that the application of Florida's DNA database statute to the petitioner did not violate the ex post facto clause, the trial court did not improperly limit voir dire, and the refusal to give a special jury instruction did not violate due process.
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The court held that the habeas corpus application was time-barred because the applicant failed to file within the one-year limitation period, and claims of actual innocence are not independently cognizable in federal court.
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M.D. Fla.·
2024-04-19
The court held that the petitioner's federal habeas corpus petition was untimely because it was filed after the expiration of the one-year limitations period established by AEDPA, and a pending state motion to correct an illegal sentence did not appear to have tolling effect.
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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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The federal habeas corpus petition is dismissed because it is untimely, procedurally barred, and meritless.
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The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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M.D. Fla.·
2024-04-12
The petition for writ of habeas corpus is dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
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M.D. Fla.·
2024-04-10
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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The federal court denied the petition for writ of habeas corpus 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 determination of facts.
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The court held that the petitioner's federal habeas petition was time-barred because it was filed outside the one-year limitations period established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2024-04-09
The court held that most of petitioner's claims were time-barred, but the ineffective assistance of counsel claim, though timely, lacked merit.
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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.·
2024-04-09
Cory Barrant Sivik sought federal habeas relief challenging his state conviction for lewd or lascivious molestation of a child under twelve, arguing that statements he made during a police-orchestrated controlled telephone call violated his Fifth and Sixth Amendment rights. The d
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M.D. Fla.·
2024-04-04
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that equitable tolling was not warranted.
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A federal court cannot grant habeas relief based on claims that turn on state law or are refuted by the record, and ineffective assistance of counsel claims require both deficient performance and prejudice.
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M.D. Fla.·
2024-03-29
The court held that the state court's rejection of Spears' ineffective assistance of counsel claims was a reasonable application of federal law and supported by the record.
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M.D. Fla.·
2024-03-28
The court denied the habeas petition, finding that the state court's rejection of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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Floyd Beamon, an inmate convicted of second-degree murder with a firearm in Duval County, Florida in 2009, challenged his conviction through a federal habeas corpus petition under 28 U.S.C. § 2254, raising eight grounds for relief including claims of trial court error and ineffec
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M.D. Fla.·
2024-03-20
The federal habeas petition is dismissed as time-barred because the petitioner's state postconviction motion was untimely and therefore did not toll the one-year limitations period under AEDPA.
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M.D. Fla.·
2024-03-12
Joshua Brian Nibbelink, a Florida inmate, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2015 state court conviction for first-degree felony murder, kidnapping, and robbery. The district court reviewed the petition applying the deferential AEDPA sta
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M.D. Fla.·
2024-03-11
The court held that it lacks jurisdiction to consider a successive habeas petition without prior authorization from the Eleventh Circuit.
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M.D. Fla.·
2024-03-11
The court held that appellate counsel was not ineffective for failing to raise claims that the charging information was defective or that the guilty plea was invalid, as these claims lacked merit under established law.
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M.D. Fla.·
2024-03-08
The court held that the petitioner's habeas corpus petition is successive and untimely, and therefore dismissed.
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The court held that the petitioner's claims were procedurally defaulted and not cognizable on federal habeas corpus review, and therefore denied the petition.
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M.D. Fla.·
2024-03-06
The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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M.D. Fla.·
2024-03-06
Todd Curtis West, an inmate convicted of armed burglary with assault or battery, sought federal habeas relief under 28 U.S.C. § 2254, raising multiple claims of ineffective assistance of trial counsel. The district court denied all grounds, finding that the state court's rejectio
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The court held that a habeas petition is an unauthorized second or successive filing if the petitioner previously withdrew a petition after conceding it was time-barred, and that claims based solely on misapplication of state law are not cognizable on federal habeas review.
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The court adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's complaint with prejudice and denying his motion to proceed in forma pauperis.
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The court held that Grounds 13-16 are unexhausted and procedurally defaulted, and the remaining grounds are denied on the merits.
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The court held that the petitioner's claims were procedurally barred or failed on the merits.
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Corey Bright, convicted of aggravated assault with a firearm for his role in a fatal shooting in Jacksonville, Florida, filed a federal habeas corpus petition challenging his twenty-three-year sentence on grounds including ineffective assistance of counsel and insufficient eviden
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The court held that the petitioner's claims were procedurally barred or failed on the merits under AEDPA standards, and thus denied the petition for writ of habeas corpus.
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S.D. Fla.·
2024-02-22
The petition is dismissed in part on procedural grounds and denied in part on the merits.
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M.D. Fla.·
2024-02-20
The federal court denied the habeas petition, finding the state court's adjudication of the ineffective assistance of counsel claim was neither contrary to nor an unreasonable application of federal law.
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N.D. Fla.·
2024-02-14
The court held that the petitioner failed to provide sufficient evidence to establish the timeliness of his § 2254 petition under the prison mailbox rule, and thus the petition was dismissed as untimely.