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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M.D. Fla.·
2022-01-13
Antonio Garrett, convicted of first-degree murder in a 2013 shooting death, sought federal habeas relief challenging a jury instruction that conditioned his self-defense claim on a duty to retreat based on his status as a felon in illegal possession of a firearm. The federal cour
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M.D. Fla.·
2022-01-03
The court held that the petitioner's habeas corpus petition was untimely filed and not eligible for equitable tolling.
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M.D. Fla.·
2021-12-27
The court held that the petitioner's habeas corpus petition was untimely filed and that his claims of actual innocence were not supported by sufficient new evidence to overcome the statute of limitations.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2021-12-17
The petition for a writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to demonstrate entitlement to equitable tolling or establish a credible claim of actual innocence.
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Federal habeas relief is denied because the state court's adjudication of the ineffective assistance of counsel claims was 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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S.D. Fla.·
2021-12-10
The court affirmed the magistrate judge's report and recommendation, denying the habeas petition and finding no substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2021-12-06
The petition for a writ of habeas corpus is dismissed as untimely because it was filed after the one-year limitations period expired and the petitioner failed to establish entitlement to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2021-12-06
The court held that the state court's denial of the habeas petition was not contrary to or an unreasonable application of federal law, and the factual determinations were reasonable.
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M.D. Fla.·
2021-12-01
The court held that the petition for writ of habeas corpus was untimely filed under AEDPA and, alternatively, lacked merit.
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Royce W. Cook pleaded guilty to two counts of attempted capital sexual battery and four counts of sexual battery in exchange for a negotiated 25-year sentence. On federal habeas review, Cook challenged his conviction by asserting ineffective assistance of counsel claims, includin
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M.D. Fla.·
2021-11-17
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.·
2021-11-12
The court held that the petitioner failed to establish ineffective assistance of counsel because no five-year plea offer was ever made by the State, and therefore, his trial counsel did not perform deficiently.
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M.D. Fla.·
2021-11-10
The petition for writ of habeas corpus is dismissed as untimely because it was filed outside the one-year limitations period established by AEDPA.
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The court held that the petitioner's claims were not contrary to or an unreasonable application of federal law, and the state court's factual determinations were not unreasonable.
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Joey Smelley sought federal habeas relief under 28 U.S.C. § 2254, challenging his convictions for home invasion robbery and other felonies based on claims that his trial and collateral counsel were ineffective. The District Court for the Northern District of Florida denied the pe
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M.D. Fla.·
2021-10-07
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period and denied equitable tolling.
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N.D. Fla.·
2021-09-28
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, and the petitioner failed to establish a valid actual innocence gateway claim.
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S.D. Fla.·
2021-09-24
The court ordered the pro se petitioner to cure deficiencies in his habeas corpus petition, including paying the filing fee or filing a motion to proceed in forma pauperis, and to file an amended petition that complies with pleading rules and page limits.
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S.D. Fla.·
2021-09-24
The court held that the petitioner failed to demonstrate manifest injustice or clear error to warrant reconsideration of the dismissal of his habeas petition and denied the issuance of a certificate of appealability.
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Lwane Mansell, a Florida prisoner convicted of luring/enticing a child and lewd/lascivious conduct against an 11-year-old, filed a federal habeas corpus petition challenging his conviction, raising claims of prosecutorial misconduct, insufficient evidence, and ineffective assista
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M.D. Fla.·
2021-09-23
Bernard Hughlon, a Florida state prisoner, sought federal habeas relief challenging his 2010 conviction for escape by arguing ineffective assistance of counsel, improper jury procedures, denial of a lesser-included offense instruction, and improper prosecutorial comments. The cou
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A state prisoner's AEDPA limitations period does not restart when a sentence is amended nunc pro tunc to correct an omission, as this does not constitute a new judgment.
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Sasha Nicole Pringle challenged her conviction for leaving the scene of a crash involving death in a federal habeas corpus petition, arguing her trial counsel was ineffective and that she was convicted on improper jury instructions. The court granted habeas relief on her claim th
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M.D. Fla.·
2021-09-17
The petition for writ of habeas corpus is dismissed as untimely because the petitioner's final state post-conviction motion was not properly filed under state law and therefore did not toll the federal limitations period.
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M.D. Fla.·
2021-09-13
Demetrius Flowers, a Florida inmate convicted of armed robbery and kidnapping, filed a federal habeas corpus petition challenging his conviction on eight grounds, including jury instruction errors, sufficiency of evidence claims, and ineffective assistance of counsel arguments. T
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M.D. Fla.·
2021-09-09
An inmate challenging his Florida burglary conviction claimed his trial counsel was ineffective in stipulating to his fingerprints, failing to request hearings on missing crime scene evidence, and not calling fingerprint experts to counter the state's evidence. The federal distri
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M.D. Fla.·
2021-09-07
Albert Jason Carter, an inmate challenging four state court convictions through a federal habeas petition, sought relief based on claims of ineffective assistance of counsel regarding his guilty pleas in four separate cases in which he received a cumulative twenty-year sentence.
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M.D. Fla.·
2021-09-07
The court held that the state court did not unreasonably apply federal law or make unreasonable factual determinations regarding the suppression of statements and the admission of testimony challenged under the Confrontation Clause.
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S.D. Fla.·
2021-08-31
The court held that it lacks jurisdiction to consider a successive habeas corpus petition when the petitioner has not obtained authorization from the appropriate court of appeals.
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The court denied the habeas corpus application because the claims were either untimely, procedurally defaulted, or failed to meet the AEDPA's deferential review standards for state court decisions on ineffective assistance of counsel claims.
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M.D. Fla.·
2021-08-30
The court held that Petitioner's federal claims are unexhausted, procedurally defaulted, and fail on the merits, warranting denial of the habeas petition.
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M.D. Fla.·
2021-08-27
The federal court denied the petition for a writ of habeas corpus, finding that the state court's adjudications of the petitioner's claims were not contrary to or an unreasonable application of federal law.
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The court held that it lacked jurisdiction to consider a request for an extension to file a habeas petition before the petition itself was filed.
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M.D. Fla.·
2021-08-20
A federal district court denied Ricky T. Oliver's petition for a writ of habeas corpus challenging his conviction for attempted murder, finding that the trial court properly allowed him to proceed pro se (representing himself) despite his last-minute request for counsel on the da
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M.D. Fla.·
2021-08-19
Jaquez Roland, a Florida prisoner convicted of armed robbery and related crimes stemming from a 2011 liquor store robbery, sought federal habeas relief challenging his conviction and sentence on sufficiency of evidence and ineffective assistance of counsel grounds. The district c
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M.D. Fla.·
2021-08-18
Curtis Louis Robinson, an inmate serving a nineteen-year sentence for drug and weapons offenses in Florida, filed a federal habeas corpus petition challenging his state convictions for possession of hydrocodone, sale or delivery of cocaine, possession of cannabis, and resisting a
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S.D. Fla.·
2021-08-17
The petition for writ of habeas corpus is dismissed as time-barred and for failure to comply with a court order.
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The court held that the petitioner's claims were procedurally defaulted or failed on the merits, and thus he was not entitled to federal habeas relief.
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M.D. Fla.·
2021-08-12
The petition for a writ of habeas corpus is dismissed with prejudice because it was untimely filed and the petitioner failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2021-08-09
An inmate convicted of selling controlled substances within 1000 feet of a specified area filed a federal habeas petition challenging his state conviction by raising five grounds of ineffective assistance of counsel. The district court denied the petition, finding that the state
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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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Howard James Jackson, a Florida prisoner convicted of attempted murder in the first degree, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising nine grounds based on claims of ineffective assistance of counsel related to his guilty plea. The U.S. District
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M.D. Fla.·
2021-08-02
The court held that the petitioner's habeas petition was untimely filed and not entitled to equitable tolling.
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M.D. Fla.·
2021-07-28
The court held that the petitioner's habeas corpus petition was untimely and not subject to equitable tolling because he failed to demonstrate due diligence or a causal connection between his mental impairment and the late filing.
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M.D. Fla.·
2021-07-26
The court held that the state appellate court's summary adjudication of the petitioner's claim 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.·
2021-07-26
The petition for a writ of habeas corpus is dismissed as untimely filed because the petitioner failed to establish grounds for equitable tolling or actual innocence.
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The court held that the petitioner failed to show the state court's decision was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts, thus denying habeas relief.
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A Florida prisoner convicted of second-degree murder challenged his no-contest plea through a federal habeas petition, alleging ineffective assistance of counsel in failing to investigate the case and adequately disclose discovery evidence before advising him to plead guilty. The
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Jose Antonio Torres sought federal habeas corpus relief challenging his Florida state conviction for kidnapping and the second-degree murder of Malik Muhammad, arguing that his trial counsel provided ineffective assistance in various ways, including failing to move to suppress ev