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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Dixon challenged his state court convictions for aggravated assault with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm in a federal habeas corpus petition, raising seven grounds of error. The District Court denied the petition, finding
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M.D. Fla.·
2023-01-03
A Florida state court jury convicted Grady Rodriguas Brye of sexual battery for an incident in which he used force and threats to force the victim to perform oral sex, and the trial court sentenced him to thirty years as a prison releasee reoffender. Brye's federal habeas corpus
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A pro se prisoner's civil rights complaint challenging the validity of his criminal conviction must be dismissed for failure to state a claim.
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M.D. Fla.·
2022-12-21
The court held that the petitioner's federal habeas petition was untimely because his third state postconviction motion was not properly filed and therefore did not toll the AEDPA's one-year limitations period.
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The court held that the habeas corpus application was time-barred and therefore dismissed, denying a certificate of appealability and leave to appeal in forma pauperis.
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M.D. Fla.·
2022-12-09
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish actual innocence to overcome the statute of limitations.
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M.D. Fla.·
2022-11-28
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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A federal court cannot grant a pre-trial detainee's habeas corpus petition seeking to intervene in an ongoing state criminal proceeding, absent extraordinary circumstances.
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M.D. Fla.·
2022-11-21
The court held that the petitioner's claims of ineffective assistance of counsel were procedurally defaulted and lacked merit, and therefore denied the petition for writ of habeas corpus.
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S.D. Fla.·
2022-11-18
Badi Burgos, a Florida prisoner convicted of felony murder and armed robbery, filed a federal habeas petition challenging his state conviction and sentence, raising claims about the trial court's failure to conduct hearings on his right to self-representation and discharge of cou
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The court held that the applicant failed to show that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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S.D. Fla.·
2022-11-15
Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
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M.D. Fla.·
2022-11-03
Karla Davis challenged her state conviction for second-degree murder through a federal habeas petition, raising twenty-four grounds of ineffective assistance of counsel. The federal court denied all claims, finding that many were procedurally defaulted because Davis failed to bri
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S.D. Fla.·
2022-11-03
A federal district court denied a habeas corpus petition from Checkingson Sinclair, who was convicted in Florida state court of killing his pregnant wife and their unborn child. The court dismissed three claims as procedurally defaulted because Sinclair failed to exhaust them in
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A state court's ministerial correction of a scrivener's error in a judgment to conform to the oral sentencing pronouncement does not create a new judgment for purposes of determining if a federal habeas petition is second or successive.
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M.D. Fla.·
2022-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling, nor did it present a claim of actual innocence sufficient to overcome the time bar.
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M.D. Fla.·
2022-11-01
The court held that the state court's denial of the petitioner's 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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S.D. Fla.·
2022-10-27
A Florida inmate challenged his convictions for battery, kidnapping, and aggravated assault in a federal habeas corpus petition, primarily arguing trial court error and ineffective assistance of counsel. The district court initially dismissed the petition as time-barred under the
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M.D. Fla.·
2022-10-26
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, federal law, and were not based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-10-25
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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S.D. Fla.·
2022-10-10
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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The Court denies Ground 1 and dismisses Grounds 2 through 10 of the habeas petition, finding some claims unexhausted, others procedurally defaulted, and one cognizable only under state law.
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The court held that the petitioner's claims were procedurally defaulted and/or without merit, and therefore denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2022-09-26
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling.
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Armey filed a federal habeas petition challenging his state convictions for carjacking, burglary, and theft, claiming the prosecution withheld exculpatory evidence and that his trial counsel was ineffective for failing to present an insanity defense based on mental illness. The c
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M.D. Fla.·
2022-09-22
The court held that the petitioner failed to demonstrate that the state court unreasonably denied his claim of ineffective assistance of trial counsel regarding an untimely motion to disqualify the judge.
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M.D. Fla.·
2022-09-13
A Florida state prisoner serving a mandatory life sentence for sexual battery upon a child sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2011 conviction on eleven grounds, including claims of child hearsay evidence admission, ineffective assistance of trial
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The court held that one ground for relief was procedurally barred and that the remaining ground did not demonstrate prejudice, thus denying the habeas corpus petition.
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M.D. Fla.·
2022-08-29
The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-08-16
The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-08-15
The court held that the petitioner's habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and no exceptions applied to excuse the delay.
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M.D. Fla.·
2022-08-12
Florida inmate Donmonique Cockrum sought habeas relief under 28 U.S.C. § 2254, challenging his conviction for attempted second-degree murder based on claims of ineffective assistance of both trial and appellate counsel. The district court denied all claims, finding that the recor
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M.D. Fla.·
2022-08-11
The court held that the petitioner failed to show good cause or satisfy the stringent requirements of 28 U.S.C. § 2254(e)(2) for discovery in his federal habeas corpus petition.
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M.D. Fla.·
2022-08-11
Inmate Foreman, convicted of lewd and lascivious molestation of a child, sought federal habeas relief challenging the admissibility and reliability of child hearsay testimony presented by the victim's parents and a Child Protection Team member. The federal district court denied r
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M.D. Fla.·
2022-08-02
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations because his state postconviction motion was not properly filed and therefore did not toll the limitations period.
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M.D. Fla.·
2022-08-02
The federal court denied the petition for writ of habeas corpus, finding no unreasonable application of federal law or unreasonable determination of facts by the state court regarding ineffective assistance of counsel claims.
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A Florida prisoner, Shola McCarthy, sought federal habeas relief challenging his conviction for robbery while using a police scanner, which resulted in a 27-year sentence, claiming insufficiency of evidence, prosecutorial misconduct, ineffective assistance of trial and appellate
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M.D. Fla.·
2022-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed outside the one-year statute of limitations established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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S.D. Fla.·
2022-07-28
The court adopted the Magistrate Judge's recommendation to dismiss some claims as time-barred and deny others on the merits, finding no clear error in the record.
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The court held that the petitioner's claims did not meet the standard for federal habeas corpus relief under 28 U.S.C. § 2254, as the state court decisions were 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 applicant's amended habeas application was untimely as to one ground and that the state court's denial of the remaining ineffective assistance of counsel claim was not an unreasonable application of federal law or determination of facts.
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M.D. Fla.·
2022-07-22
Melendez challenged his state convictions for drug trafficking and related offenses through a federal habeas corpus petition, asserting five grounds of ineffective assistance of counsel, including claims that his trial attorney failed to communicate a plea offer, obtain an interp
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The petition for writ of habeas corpus is denied because the claims are either not cognizable, procedurally barred, waived by plea, or fail on the merits under AEDPA review.
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Rufus Young challenged his murder and armed robbery convictions on federal habeas review, arguing his trial counsel was ineffective in three ways: failing to adequately suppress an allegedly illegal arrest, failing to advise him of an independent act defense, and failing to objec
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S.D. Fla.·
2022-07-08
The federal habeas petition is dismissed as untimely because the petitioner exceeded the one-year limitations period established by AEDPA, and neither actual innocence nor equitable tolling applies.
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M.D. Fla.·
2022-07-07
The court held that Grounds One, Three, and Four were untimely filed and Ground Two was procedurally barred and also failed on the merits.
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The court held that the petitioner's claims were procedurally defaulted or not cognizable in federal habeas proceedings because they were not presented as federal issues in state court.
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S.D. Fla.·
2022-06-14
Esdras Cardona's federal habeas petition challenging his 2007 Florida conviction for sexual battery and burglary was dismissed in part and denied in part because his claim about inadequate hearings on newly discovered evidence raised only state law issues and his remaining ineffe
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The court held that Ground One of the habeas petition is procedurally defaulted due to failure to exhaust federal claims in state court, and Ground Two is denied because the state court's finding of harmless error was not an unreasonable application of federal law.
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S.D. Fla.·
2022-06-07
Tyshon Renford's federal habeas petition challenging his Florida state-court conviction for armed kidnapping, robbery with a firearm, and armed carjacking was dismissed as to one claim for failure to exhaust state remedies and denied as to two remaining claims on the merits. The