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 an untimely state post-conviction motion does not toll the federal habeas corpus statute of limitations, and the applicant's claim of manifest injustice based on a change in law does not establish actual innocence.
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The court held that the petitioner's claim regarding the statute of limitations is not cognizable on federal habeas review because it is an issue of state law and is procedurally barred due to failure to exhaust state remedies.
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S.D. Fla.·
2023-04-30
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus.
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S.D. Fla.·
2023-04-29
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, denying the Petition for a Writ of Habeas Corpus.
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M.D. Fla.·
2023-04-28
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year statute of limitations and that he failed to establish a gateway claim of actual innocence.
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M.D. Fla.·
2023-04-25
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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M.D. Fla.·
2023-04-24
The court held that the federal habeas petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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M.D. Fla.·
2023-04-17
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA).
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The court held that the pro se habeas petition is frivolous and lacks merit, denying relief.
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The court held that the petitioner's claims of ineffective assistance of counsel were meritless, as the state court's decisions were 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.·
2023-04-11
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and dismissed it.
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S.D. Fla.·
2023-04-10
The federal court denied the petition for writ of habeas corpus because the state court's determination that the defendant was competent to stand trial, made nunc pro tunc, was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determinati
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The court held that the petitioner's Miranda claim is procedurally defaulted and barred from federal habeas review because it was not exhausted in state court and no exceptions apply.
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M.D. Fla.·
2023-04-05
The court held that a federal habeas petition filed after the expiration of the one-year limitations period under AEDPA, which was not tolled by an untimely state postconviction motion, is time-barred.
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S.D. Fla.·
2023-03-31
The federal habeas petition is dismissed as time-barred under AEDPA because the petitioner failed to file within the one-year limitations period, and no tolling or exceptions applied.
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M.D. Fla.·
2023-03-31
The petition for writ of habeas corpus is dismissed as time-barred because it was filed after the expiration of the one-year limitations period under AEDPA, and equitable tolling is not warranted.
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M.D. Fla.·
2023-03-31
The court held that the petitioner's federal habeas petition was untimely filed and that he failed to present a credible showing of actual innocence to overcome the statute of limitations.
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M.D. Fla.·
2023-03-30
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either procedurally defaulted or failed on the merits.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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The federal district court dismissed a habeas petition because the petitioner was not 'in custody' under the challenged convictions at the time of filing.
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S.D. Fla.·
2023-03-29
The court held that the petitioner's second amended petition for a writ of habeas corpus was time-barred under AEDPA, and equitable tolling was not warranted due to his lack of diligence in complying with court orders and filing requirements.
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M.D. Fla.·
2023-03-27
Michael Peeler, convicted of second-degree murder in 2010 and sentenced to life without parole, challenged his conviction through a federal habeas corpus petition raising eight grounds of error, including claims of improper prosecutorial commentary on his silence, evidentiary rul
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The court held that the petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and must be dismissed.
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M.D. Fla.·
2023-03-24
Juan Ivan Rodriguez, a state prisoner convicted of five counts of manslaughter while driving under the influence and five counts of reckless driving, filed a federal habeas petition challenging his convictions and consecutive life sentences, raising claims of ineffective assistan
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and equitable tolling was not warranted.
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The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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The court held that the petitioner failed to show that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-03-10
The court denied the petition for writ of habeas corpus, finding the claims procedurally defaulted and, in the alternative, without merit under AEDPA standards.
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M.D. Fla.·
2023-03-09
The court held that the petitioner's federal habeas petition was timely filed because his notice of appeal was deemed timely under Florida's prison mailbox rule, which tolled the statute of limitations.
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M.D. Fla.·
2023-03-09
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it.
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M.D. Fla.·
2023-03-08
The court held that the state court's adjudication of the petitioner's claims 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 court held that the state court's decisions were not contrary to or an unreasonable application of federal law and were based on reasonable factual determinations, thus denying the petition for writ of habeas corpus.
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M.D. Fla.·
2023-02-28
The court held that the petitioner's claim that his guilty plea was involuntary due to misadvice on the maximum sentence was refuted by the record, as he was explicitly informed of the maximum sentence during the plea colloquy.
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M.D. Fla.·
2023-02-28
The federal court denied the habeas petition, finding the state court's adjudication of the claims was not contrary to federal law or an unreasonable determination of facts.
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M.D. Fla.·
2023-02-21
The court stayed and administratively closed the habeas corpus action, requiring the petitioner to file an amended petition addressing all claims related to his conviction and resentencing.
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The court denied the petition for a writ of habeas corpus, finding that the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied federal law, or based on an unreasonable determination of facts.
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The court held that it lacked jurisdiction to hear a federal prisoner's habeas petition challenging a federal sentence enhanced by a prior state conviction, as the prisoner was not in custody pursuant to a state court judgment and no recognized exception applied.
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M.D. Fla.·
2023-02-15
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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Pasquale Morganti, a Florida inmate, filed a federal habeas petition challenging his 2013 convictions for burglary and grand theft, raising nine claims including allegations of insufficient evidence, ineffective assistance of trial and appellate counsel, and various trial errors.
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M.D. Fla.·
2023-02-07
Thomas Moak, a Florida prisoner sentenced to three consecutive life sentences for murdering his father, mother, and sister, filed a federal habeas petition challenging his convictions on multiple grounds, including claims of ineffective assistance of counsel and challenges to evi
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M.D. Fla.·
2023-02-07
The court held that the petitioner's federal habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2023-02-01
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and was not entitled to statutory or equitable tolling.
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M.D. Fla.·
2023-01-31
The federal habeas petition is dismissed as untimely because it was filed outside the one-year statute of limitations, and the petitioner failed to demonstrate actual innocence with new evidence to warrant an exception.
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M.D. Fla.·
2023-01-23
The court held that the state court's decision admitting the 911 recording was not contrary to or an unreasonable application of federal law, and that the claims of ineffective assistance of counsel were either procedurally defaulted or lacked merit.
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M.D. Fla.·
2023-01-20
The court held that the petitioner's habeas petition was untimely and equitable tolling was not warranted because the attorney's misadvice, while negligent, did not rise to the level of abandonment or extraordinary circumstance required for tolling.
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M.D. Fla.·
2023-01-13
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither equitable tolling nor actual innocence exceptions applied.
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M.D. Fla.·
2023-01-12
In Queen v. Secretary, Florida Department of Corrections, a federal district court denied a state prisoner's habeas corpus petition challenging his drug trafficking conviction on grounds of ineffective assistance of trial counsel. The court found that the petitioner failed to mee
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M.D. Fla.·
2023-01-10
The court held that the state court's rejection of the petitioner's claim of ineffective assistance of counsel for failing to seek a competency evaluation was not contrary to federal law or based on an unreasonable determination of facts.
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The court held that the petitioner's habeas corpus petition was untimely and not subject to equitable tolling or the actual innocence exception.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not excuse the delay.