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 state court's adjudication of the petitioner's claim regarding ineffective assistance of counsel for failing to request a Richardson hearing was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2024-02-09
The court held that the petitioner's claim of ineffective assistance of counsel for failing to request a jury instruction on consent was procedurally barred and lacked merit, even if considered on the merits.
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S.D. Fla.·
2024-02-09
The Court held that the Petitioner's claims challenging his civil commitment under 28 U.S.C. § 2254 lacked merit, as the state court's findings were supported by evidence and complied with federal and state law.
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M.D. Fla.·
2024-02-05
The court held that the petitioner is not entitled to federal habeas relief because the Supreme Court has not clearly established that a negotiated guilty plea is involuntary or unknowing solely due to the defendant's unawareness of the option to enter an open plea.
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M.D. Fla.·
2024-02-05
The court held that the state court's adjudication that the petitioner's habitual felony offender sentence did not violate the Sixth Amendment was neither contrary to nor an unreasonable application of federal law.
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The court held that the petitioner's habeas corpus petition was time-barred because the claims were not filed within the one-year limitation period and equitable tolling and actual innocence did not apply.
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M.D. Fla.·
2024-01-31
The court held that most of the petitioner's claims were procedurally barred from federal review due to failure to raise them in state court. The remaining ineffective assistance of counsel claims lacked merit.
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M.D. Fla.·
2024-01-30
The court denied the plaintiff's construed motion for class certification. The court also reviewed the amended complaint under 28 U.S.C. § 1915A(b) for frivolousness, failure to state a claim, or seeking relief from immune defendants.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's claims were procedurally barred due to failure to exhaust state remedies and properly present federal issues, and that even if considered on the merits, the claims lacked merit under AEDPA's deferential standard.
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The court held that the petitioner's motion for relief under Rule 60(b) was untimely and that the submitted evidence did not demonstrate actual innocence.
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The court held that the petitioner failed to demonstrate a reasonable probability that he would not have pleaded guilty and would have insisted on going to trial but for his counsel's alleged ineffectiveness in failing to investigate an insanity defense.
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The court held that the applicant's federal habeas corpus application was untimely because his state post-conviction motions did not properly toll the one-year limitation period, and he failed to establish entitlement to equitable tolling.
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A district court lacks jurisdiction to consider a second or successive habeas corpus application without prior authorization from the court of appeals.
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M.D. Fla.·
2024-01-26
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2024-01-25
The court held that the petitioner's federal habeas petition was timely filed because the statute of limitations reset when the order revoking probation and the subsequent sentence became final after the conclusion of direct review.
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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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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 petitioner's federal habeas corpus petition was untimely under AEDPA's one-year statute of limitations because his subsequent state post-conviction filings were not "properly filed" and therefore did not toll the limitations period.
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M.D. Fla.·
2024-01-02
The court held that the petitioner's claims were procedurally defaulted or lacked merit, and therefore denied his petition for a writ of habeas corpus.
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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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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.·
2023-12-20
The court held that the petitioner failed to exhaust state remedies and the failure was not excused, thus the federal habeas petition was premature.
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The court denied the petition for writ of habeas corpus, finding that the state court's decision regarding ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-12-15
The federal court denied the petition for a writ of habeas corpus because the petitioner's Fourth Amendment claim was barred from federal review under Stone v. Powell.
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S.D. Fla.·
2023-12-15
Christopher Sutton, serving a life sentence for hiring someone to murder his parents, petitioned for federal habeas relief based on allegedly newly discovered evidence suggesting that a third party, not Sutton, had hired the perpetrator. The court dismissed the petition as time-b
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S.D. Fla.·
2023-12-14
David John Posta, convicted of DUI manslaughter in Florida, sought federal habeas relief challenging his conviction and 40-year sentence on multiple grounds, including claims that the trial court improperly considered an uncounseled Virginia conviction at sentencing and lacked ju
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The court held that the petitioner's habeas corpus petition was time-barred under AEDPA's one-year statute of limitations because it was filed more than two years after the judgment became final and no exceptions applied.
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M.D. Fla.·
2023-12-13
The court held that the federal habeas petition was untimely filed under AEDPA and equitable tolling was not warranted.
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M.D. Fla.·
2023-12-11
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period.
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S.D. Fla.·
2023-12-08
The court held that the petitioner's federal habeas petition was untimely filed under AEDPA's one-year statute of limitations.
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S.D. Fla.·
2023-12-07
The court held that a habeas petition must be dismissed if the petitioner is no longer in custody under the challenged conviction, failed to sign the petition, or failed to pay the filing fee or file a sufficient in forma pauperis motion.
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The court held that the petitioner's claims were either procedurally defaulted, not cognizable on federal habeas review, or failed to meet the high bar for relief under AEDPA and Strickland v. Washington.
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M.D. Fla.·
2023-12-04
The court denied the petition for a writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel was refuted by the record.
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M.D. Fla.·
2023-11-30
Danny Hammond, an inmate convicted in 2015 of robbery with a weapon and sentenced to thirty years in prison, filed a federal habeas corpus petition challenging his conviction on seven grounds, primarily alleging ineffective assistance of trial counsel. The district court dismisse
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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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The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and no tolling events applied to make it timely.
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S.D. Fla.·
2023-11-20
The court held that a pro se prisoner's complaint, filed without paying the filing fee and based on frivolous claims, must be dismissed with prejudice under the three-strikes provision of 28 U.S.C. § 1915(g).
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M.D. Fla.·
2023-11-15
Federal habeas relief is denied because the state court's rejection of the ineffective assistance of counsel claims was 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.·
2023-11-06
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because it was filed more than one year after his judgment became final.
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M.D. Fla.·
2023-11-03
The court held that the petition for a writ of habeas corpus must be dismissed because it fails to state any grounds for federal relief and the petitioner has not exhausted state remedies.
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M.D. Fla.·
2023-10-31
The court held that the federal habeas petition was untimely filed under AEDPA's one-year statute of limitations, and thus dismissed the petition.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice. A certificate of appealability was denied.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period, as the conviction became final on December 3, 2014, and the petition was filed on March 14, 2021.
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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 for equitable tolling based on lack of education, inmate law clerk failures, and separation from legal papers were insufficient to overcome the untimeliness of his habeas petition.
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M.D. Fla.·
2023-10-25
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because he failed to file it within the one-year limitations period and did not demonstrate entitlement to statutory or equitable tolling.
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M.D. Fla.·
2023-10-25
An inmate convicted of burglary in Duval County, Florida filed a federal habeas corpus petition raising seven grounds for relief, including claims of insufficient evidence, ineffective assistance of counsel, and sentencing errors. The district court denied the petition, finding t
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M.D. Fla.·
2023-10-20
The court held that the petitioner's claims were procedurally defaulted and, alternatively, failed on the merits due to a lack of prejudice from counsel's alleged errors.
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S.D. Fla.·
2023-10-19
The court accepted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus.