634 Florida cases classified under this topic, plus 415 listed through its narrower topics · sorted by citation count · browse and sort
-
M.D. Fla.·
2023-10-16
Noni Jamil Stinson, a Florida inmate, sought federal habeas relief under 28 U.S.C. § 2254, challenging her 2013 state court conviction for manslaughter in the shooting death of her husband. The court denied her amended petition, which raised seven grounds for relief centered on c
-
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and that the circumstances presented did not warrant equitable tolling.
-
M.D. Fla.·
2023-10-06
The court held that the petitioner's claims were either procedurally defaulted or without merit under AEDPA deference, and thus denied the petition for writ of habeas corpus.
-
M.D. Fla.·
2023-10-03
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
-
M.D. Fla.·
2023-09-27
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations.
-
M.D. Fla.·
2023-09-21
The court held that the petitioner's claims were either not cognizable on federal habeas review, procedurally barred, or failed to meet the high standard for relief under AEDPA.
-
M.D. Fla.·
2023-09-21
The court held that a petitioner who elects to represent himself cannot later claim ineffective assistance of counsel, and that the underlying claim of ineffective trial counsel was meritless.
-
S.D. Fla.·
2023-09-20
The federal habeas petition is dismissed as untimely because the amended judgment vacating one count did not restart the one-year limitations period under AEDPA.
-
M.D. Fla.·
2023-09-13
The court held that sentence modifications that are nunc pro tunc or clerical corrections do not create a new judgment and therefore do not restart the AEDPA limitation period for filing a federal habeas petition.
-
M.D. Fla.·
2023-09-12
The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and his state postconviction motion did not toll the period as it was deemed untimely by the state court.
-
M.D. Fla.·
2023-09-01
The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus petitioner is not entitled to habeas relief.
-
M.D. Fla.·
2023-08-31
The court held that a claim that the state court lacked jurisdiction does not provide an exception to the one-year limitations period under AEDPA for federal habeas corpus petitions.
-
The court granted the petitioner's motion to stay federal habeas corpus proceedings pending exhaustion of state remedies.
-
A Florida state prisoner, Carlos Rivas, sought federal habeas corpus relief challenging his conviction for first-degree premeditated murder and theft, claiming ineffective assistance of trial counsel, improper exclusion of expert testimony on brain impairment, and violation of Mi
-
M.D. Fla.·
2023-08-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and was therefore dismissed with prejudice.
-
M.D. Fla.·
2023-08-23
Donald Dial, an inmate convicted of armed robbery in 2016, filed a federal habeas petition challenging his conviction under 28 U.S.C. § 2254, raising six grounds for relief including claims of ineffective assistance of trial counsel. The federal district court found the petition
-
The Court held that a legal decision in another case does not constitute a new factual predicate for extending the habeas petition's limitations period. The petition was untimely.
-
M.D. Fla.·
2023-08-15
The court held that the petitioner's habeas corpus petition was timely filed under the mailbox rule, and therefore, the motion to dismiss based on untimeliness is denied.
-
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and equitable tolling was not warranted.
-
M.D. Fla.·
2023-08-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
-
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.
-
The court held that the petitioner's claims of ineffective assistance of counsel regarding his decision to testify and a rejected plea offer were without merit, and the cumulative error claim also failed.
-
S.D. Fla.·
2023-08-08
The court accepted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Section 2254 Habeas Petition and denying a certificate of appealability.
-
The federal court denied the habeas corpus application because the state court's decision was not contrary to or an unreasonable application of federal law, and the applicant's claims were either procedurally barred or meritless.
-
M.D. Fla.·
2023-08-07
An inmate serving a life sentence for seven counts of sexual battery challenged his conviction through a federal habeas petition, claiming his trial counsel was ineffective for failing to object to hearsay testimony, failing to challenge a victim's identification, and failing to
-
M.D. Fla.·
2023-08-02
Herman Paul Solano sought federal habeas relief under 28 U.S.C. § 2254, challenging his St. Johns County convictions for violations of pretrial release, aggravated battery, false imprisonment, shooting into a building, and burglary with an assault or battery. The court denied all
-
M.D. Fla.·
2023-08-02
A federal district court denied an inmate's habeas corpus petition challenging his 2014 Florida conviction for lewd and lascivious battery on a minor, rejecting seven grounds claiming ineffective assistance of trial counsel and trial court error. The court applied the highly defe
-
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
-
M.D. Fla.·
2023-07-21
A federal district court lacks jurisdiction to entertain a second or successive habeas corpus petition without prior authorization from the appropriate court of appeals.
-
M.D. Fla.·
2023-07-20
The court held that the petitioner's claims were either not cognizable in federal habeas corpus, procedurally barred due to failure to properly present them in state court, or failed on the merits.
-
A district court lacks jurisdiction to hear a second or successive § 2254 petition unless the appropriate appellate court has authorized its consideration.
-
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.
-
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.
-
The court held that the petitioner's claims of ineffective assistance of counsel and sentencing errors were procedurally barred or failed to meet the AEDPA standard for federal habeas relief.
-
M.D. Fla.·
2023-06-26
The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
-
M.D. Fla.·
2023-06-23
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA, as the petitioner failed to demonstrate entitlement to a later start date based on newly discovered evidence or actual innocence.
-
S.D. Fla.·
2023-06-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no exceptions applied.
-
S.D. Fla.·
2023-06-15
The court accepted the magistrate judge's report and recommendation, denying the petitioner's habeas corpus petition on the merits.
-
M.D. Fla.·
2023-06-13
A Florida jury convicted Damien Freeman of attempted first-degree murder based on evidence including the victim's in-court identification, DNA evidence placing Freeman at the crime scene, and firearms analysis, and Freeman's subsequent federal habeas petition challenging fifteen
-
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.
-
The court held that the pro se petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because the petitioner failed to file within the one-year statute of limitations and did not establish grounds for equitable to
-
M.D. Fla.·
2023-06-06
The court held that the petition for writ of habeas corpus was untimely and dismissed it. Even addressing the merits, the court found no basis for relief on the claims of ineffective assistance of counsel.
-
M.D. Fla.·
2023-06-02
The court denied the petition for writ of habeas corpus, finding claims procedurally defaulted or not cognizable in federal court.
-
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.
-
S.D. Fla.·
2023-05-26
The court held that it lacked subject-matter jurisdiction to consider the petitioner's eighth successive petition for a writ of habeas corpus because he failed to obtain authorization from the Eleventh Circuit Court of Appeals.
-
M.D. Fla.·
2023-05-25
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
-
The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended petition for a writ of habeas corpus.
-
S.D. Fla.·
2023-05-17
The court held that the petition for a writ of habeas corpus is untimely under AEDPA, and therefore dismissed.
-
The court held that the petitioner's claims were procedurally defaulted or meritless, and the state court's decisions were not contrary to or an unreasonable application of federal law.
-
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.