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 corpus petition was time-barred under AEDPA because his state postconviction motions were not properly filed, and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2022-06-01
The court held that the state appellate court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-05-31
The federal court denied the habeas corpus petition, finding the state court's decisions on ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2022-05-23
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and neither equitable tolling nor actual innocence provided a basis for review.
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Christopher Dean Thomas challenged a 2010 Duval County conviction for four counts of armed robbery through a federal habeas petition, raising claims of ineffective assistance of trial counsel, Brady violations, and newly discovered evidence. The federal district court denied the
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M.D. Fla.·
2022-05-16
The court held that a federal prisoner cannot use a § 1983 action to challenge the fact or duration of his confinement, and such claims are barred by abstention doctrines.
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S.D. Fla.·
2022-05-13
The court accepted and adopted the Magistrate Judge's Report and Recommendation, granting the motion to reopen the case.
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The court held that the state court's denial of the motion to suppress was an unreasonable application of clearly established federal law, requiring a new trial.
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M.D. Fla.·
2022-05-12
A federal court may not entertain a habeas corpus petition challenging an expired state conviction unless the petitioner demonstrates the applicability of an exception, such as denial of counsel or new evidence of actual innocence.
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S.D. Fla.·
2022-05-06
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the petitioner's state court conviction became final, and the postconviction motion did not toll the limitations period.
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The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts, thus denying the habeas petition.
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M.D. Fla.·
2022-05-02
The court held that the petitioner's habeas corpus petition was untimely filed and that his claim of actual innocence did not overcome the untimeliness because it amounted to legal innocence, not factual innocence.
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M.D. Fla.·
2022-05-02
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no tolling exceptions applied.
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M.D. Fla.·
2022-04-29
The court held that a pro se prisoner's habeas corpus petition was untimely because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling or actual innocence.
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Florida prisoner Steven Beebe filed a federal habeas petition challenging his 2014 conviction for aggravated stalking and violation of court orders stemming from repeated phone calls and online harassment of a woman and her daughter after being placed on a no-contact order. The c
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S.D. Fla.·
2022-04-27
A federal court lacks jurisdiction to consider a second or successive habeas petition without prior authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2022-04-20
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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M.D. Fla.·
2022-04-20
The court held that the petitioner's federal habeas corpus petition was untimely filed because his state court appeal was dismissed as untimely, meaning the limitations period was not tolled.
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Marcus Robinson, convicted in state court of second-degree murder and sentenced to 45 years in prison, challenged his conviction through federal habeas corpus on grounds of ineffective assistance of counsel, claiming his attorney failed to investigate and advise him of a self-def
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M.D. Fla.·
2022-04-12
The court held that the federal habeas petition was untimely filed because it was filed after the one-year limitations period, as expired state postconviction filings did not toll the period.
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M.D. Fla.·
2022-04-12
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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S.D. Fla.·
2022-04-08
The court denied the motion for a stay of abeyance and granted leave to file an amended petition containing only exhausted claims.
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M.D. Fla.·
2022-04-05
The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law and denied habeas relief.
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The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred due to failure to exhaust state remedies.
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M.D. Fla.·
2022-03-28
The court held that it lacked jurisdiction to consider a successive habeas petition without authorization from the relevant court of appeals.
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M.D. Fla.·
2022-03-24
A federal habeas petition filed more than six years after a conviction became final is time-barred under 28 U.S.C. § 2244(d)(1)(A) unless the petitioner demonstrates entitlement to statutory or equitable tolling, which Carter failed to do. A freestanding claim of actual innocence
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The court denied the petition for a writ of habeas corpus, finding the claims either procedurally barred or without merit under AEDPA standards.
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M.D. Fla.·
2022-03-21
The court held that a habeas petition challenging expired convictions must be dismissed for lack of jurisdiction, and a petition challenging enhanced sentences based on those expired convictions is successive if a prior petition was already filed.
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S.D. Fla.·
2022-03-21
The court held that Claim 1 is procedurally defaulted because the federal nature of the claim was not presented to the state court on direct appeal, and Claims 2-6 are exhausted as they were fairly presented in state post-conviction proceedings.
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M.D. Fla.·
2022-03-18
The court held that the new claims in the counseled petition do not relate back to the original pro se petition and that equitable tolling is not warranted because the petitioner failed to demonstrate a causal link between his alleged mental impairment and the untimely filing.
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M.D. Fla.·
2022-03-09
The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice.
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A challenge to a state collateral proceeding does not provide a basis for federal habeas relief under 28 U.S.C. § 2254.
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M.D. Fla.·
2022-03-04
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 entitlement to equitable tolling.
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M.D. Fla.·
2022-03-03
Petitioner Hinson, an inmate serving a life sentence for second-degree murder, brought a federal habeas petition challenging his 2013 guilty plea and subsequent life sentence, raising twelve subparts of ineffective assistance of counsel claims against his trial counsel and one cl
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S.D. Fla.·
2022-02-27
The court held that it lacked jurisdiction to consider a successive habeas corpus petition filed under 28 U.S.C. § 2241 when the petitioner had not obtained authorization from the appropriate court of appeals.
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The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law and was based on a reasonable determination of the facts.
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M.D. Fla.·
2022-02-17
The court held that the petitioner's claims regarding his second conditional release and the extension of his sentence expiration date were without merit under state law, and thus not grounds for federal habeas relief.
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M.D. Fla.·
2022-02-16
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to federal law and thus denied federal habeas relief.
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M.D. Fla.·
2022-02-14
The court held that the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-02-02
The federal habeas petition is untimely and dismissed because the petitioner failed to demonstrate entitlement to equitable tolling or the fundamental miscarriage of justice exception.
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M.D. Fla.·
2022-01-31
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred or meritless.
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M.D. Fla.·
2022-01-27
Dennis McCloud's federal habeas petition challenging his 2010 Florida convictions for sexual battery and lewd and lascivious conduct was largely denied on procedural and substantive grounds. The court found the petition untimely as to one case because McCloud failed to file the r
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The court held that Zink waived his claims by pleading guilty and that his statements were admissible under Miranda, as his reference to a lawyer was equivocal and he impliedly waived his rights.
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M.D. Fla.·
2022-01-26
Kevin Jerome Scott, a death row inmate whose sentence was later reduced to life imprisonment, sought federal habeas corpus relief challenging his 2009 conviction for first-degree murder, attempted armed robbery, and aggravated battery, raising four claims of ineffective assistanc
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M.D. Fla.·
2022-01-24
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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Florida inmate Terry Glenn Loftin challenged his sexual battery convictions through federal habeas corpus, raising claims including inadequate Miranda warnings, Brady violations, ineffective assistance of counsel regarding competency investigations and trial strategy, and discove
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M.D. Fla.·
2022-01-20
The court held that it lacks jurisdiction to consider a second or successive habeas petition without prior authorization from the Eleventh Circuit.
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M.D. Fla.·
2022-01-20
The court held that the petitioner's claims of ineffective assistance of counsel and trial court error were unexhausted and procedurally barred, and otherwise without merit.
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M.D. Fla.·
2022-01-20
The court held that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and that the decision not to challenge the familial/custodial authority charge was sound trial strategy.