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.·
2021-07-21
The federal court held that the state court's denial of the habeas petition was not an unreasonable application of federal law or an unreasonable determination of facts, and therefore denied the petition.
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M.D. Fla.·
2021-07-20
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not unreasonable and therefore denied the petition for writ of habeas corpus.
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M.D. Fla.·
2021-07-19
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to, or an unreasonable application of, federal law, and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2021-07-16
The court denied the petitioner's motions for summary judgment and recusal, finding them procedurally inappropriate and without merit.
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M.D. Fla.·
2021-07-15
The court held that the petitioner's habeas corpus petition was untimely filed and not entitled to equitable tolling or actual innocence exceptions.
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M.D. Fla.·
2021-07-13
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed under the AEDPA's one-year limitations period.
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M.D. Fla.·
2021-07-13
The federal court denied the habeas petition, finding the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, federal law and was not based on an unreasonable determination of the facts.
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The federal habeas petition is timely due to equitable tolling, but claims are either procedurally barred or fail on the merits.
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S.D. Fla.·
2021-07-06
The court adopted the magistrate judge's report and recommendation, denying the habeas petition and refusing to issue a certificate of appealability.
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M.D. Fla.·
2021-06-30
The court held that the petitioner's federal habeas corpus claims were unexhausted and procedurally barred under AEDPA, and thus denied the petition.
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S.D. Fla.·
2021-06-25
The court adopted the Magistrate Judge's Report and Recommendation, denying the petition for writ of habeas corpus and refusing to issue a certificate of appealability.
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The court held that the petitioner's claims of ineffective assistance of counsel and lack of jurisdiction were procedurally barred or failed on the merits, and thus federal habeas relief was denied.
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The court held that the petitioner failed to demonstrate he could proceed through the actual innocence gateway to overcome the AEDPA's one-year limitations period.
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The court held that Petitioner is not entitled to a certificate of appealability to appeal the denial of his motion for reconsideration.
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M.D. Fla.·
2021-06-09
The court held that the petitioner's habeas petition was untimely and he was not entitled to equitable tolling due to mental impairment, as his past litigation conduct demonstrated capacity and a lack of diligence.
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M.D. Fla.·
2021-06-07
A federal district court lacks jurisdiction to consider a second or successive habeas corpus petition unless the petitioner has obtained prior authorization from the appropriate court of appeals.
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M.D. Fla.·
2021-05-28
The court held that the petitioner's habeas corpus claims were unexhausted and procedurally defaulted, barring federal review.
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S.D. Fla.·
2021-05-26
The court held that a pro se prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless they face imminent danger of serious physical injury.
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M.D. Fla.·
2021-05-26
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2021-05-25
Jon Paul, an inmate convicted of two counts of armed robbery in 2010, filed a federal habeas corpus petition challenging his convictions and forty-nine-year concurrent sentences by raising seven grounds of ineffective assistance of counsel. The district court denied the petition,
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M.D. Fla.·
2021-05-25
The court denied the petition for writ of habeas corpus, finding no substantial showing of the denial of a constitutional right and thus no certificate of appealability.
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M.D. Fla.·
2021-05-20
The federal habeas petition is dismissed as untimely because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling or demonstrate actual innocence.
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The court held that the petitioner's claims were procedurally defaulted and barred from federal review because he failed to appeal the denial of his state post-conviction motion.
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S.D. Fla.·
2021-05-14
The court held that a state trial court's recharacterization of a motion as untimely and successive under state law is not a federal issue reviewable in a § 2254 habeas petition.
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M.D. Fla.·
2021-05-03
Ford challenged his state court conviction for second degree murder and first degree arson, seeking federal habeas relief through a § 2254 petition on multiple grounds involving alleged ineffective assistance of trial and appellate counsel, primarily concerning the suppression he
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The court held that the petitioner's amended petition for writ of habeas corpus is untimely as to one of his convictions, requiring dismissal in part.
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S.D. Fla.·
2021-04-21
The court held that it lacks jurisdiction to consider an unauthorized successive petition for a writ of habeas corpus, and therefore dismissed the petition and denied a certificate of appealability.
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M.D. Fla.·
2021-04-21
The federal court denied a state prisoner's petition for a writ of habeas corpus, finding his double jeopardy claim unexhausted and, alternatively, without merit because the mistrial was not provoked by the prosecution.
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The court held that the federal habeas petition was time-barred because it was filed more than one year after the judgment became final, and the petitioner failed to establish grounds for equitable tolling.
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M.D. Fla.·
2021-04-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or actual innocence exceptions.
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S.D. Fla.·
2021-04-12
The court affirmed the Magistrate Judge's report, dismissing the petition as untimely and denying a certificate of appealability.
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The court held that the state postconviction court reasonably applied federal law in denying the habeas petitioner's claim of ineffective assistance of counsel, as the petitioner failed to demonstrate prejudice by showing he would have gone to trial but for counsel's alleged erro
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The court denied the petition for a writ of habeas corpus and refused to issue a certificate of appealability.
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M.D. Fla.·
2021-03-30
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was objectively reasonable and not contrary to federal law.
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M.D. Fla.·
2021-03-25
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his judgment became final, and the tolling periods from state post-conviction motions were insufficient to make it timely.
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M.D. Fla.·
2021-03-25
The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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The court held that newly discovered evidence of actual innocence, without an independent constitutional violation, does not state a ground for federal habeas relief, and the petitioner failed to establish a Giglio claim.
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M.D. Fla.·
2021-03-22
The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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N.D. Fla.·
2021-03-22
The court adopted the magistrate judge's report and recommendation, denying the § 2254 petition on the merits without an evidentiary hearing and denying a certificate of appealability.
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M.D. Fla.·
2021-03-08
The court held that a claim based solely on state law regarding the withdrawal of a plea is not cognizable in federal habeas corpus proceedings. Furthermore, the court found that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to cle
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M.D. Fla.·
2021-03-02
A federal habeas corpus petition filed more than nine years after the conviction became final is untimely and must be dismissed, as statutory and equitable tolling do not apply.
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M.D. Fla.·
2021-02-25
The court held that the state court's denial of the petitioner's mandamus petition was not an unreasonable application of federal law or an unreasonable interpretation of the facts, and therefore denied the petition for writ of habeas corpus.
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S.D. Fla.·
2021-02-10
The court adopted the magistrate judge's report and denied the petition for a writ of habeas corpus, finding no clear error.
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M.D. Fla.·
2021-02-09
The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his conviction became final and state post-conviction actions did not toll the limitations period.
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M.D. Fla.·
2021-02-04
Michael Kennedy, convicted in Duval County of two counts of aggravated assault with firearm discharge and one count of shooting or throwing a deadly missile, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel.
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M.D. Fla.·
2021-02-03
The court held that the federal habeas petition was untimely filed and dismissed it, denying a certificate of appealability.
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M.D. Fla.·
2021-02-02
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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S.D. Fla.·
2021-01-31
The court held that the pro se petitioner's habeas corpus petition was time-barred under 28 U.S.C. § 2244(d)(1)(A) because it was filed nearly fourteen years after the judgment became final. Neither statutory tolling nor equitable exceptions applied.
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S.D. Fla.·
2021-01-31
The court denied Petitioner's Petition for Writ of Habeas Corpus, finding that his claims were either procedurally defaulted, failed to meet the high bar of § 2254(d) deference, or lacked merit under established federal law.
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S.D. Fla.·
2021-01-29
The court affirmed the Magistrate Judge's Report and Recommendation, denying the petitioner's habeas corpus petition because the state court's decision was neither contrary to nor an unreasonable application of clearly established federal law, nor based on an unreasonable determi