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.·
2021-01-28
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred or meritless.
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S.D. Fla.·
2021-01-27
The court adopted the magistrate judge's report and denied the petition for a writ of habeas corpus, finding most claims unexhausted and the remaining claims without merit.
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M.D. Fla.·
2021-01-27
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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S.D. Fla.·
2021-01-26
Johnson Cuffy's federal habeas corpus petition challenging his 2012 Florida conviction for racketeering, conspiracy, and grand theft was dismissed as time-barred under the one-year statute of limitations set forth in 28 U.S.C. § 2244(d)(1). The court determined that although Cuff
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M.D. Fla.·
2021-01-19
The court held that attorney negligence, even if egregious, does not by itself qualify as an extraordinary circumstance for equitable tolling of the AEDPA limitations period.
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M.D. Fla.·
2021-01-05
The court held that the petitioner's claims were either without merit or procedurally barred, and thus denied his petition for a writ of habeas corpus.
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S.D. Fla.·
2021-01-05
The court affirmed the Magistrate Judge's Report and Recommendation, adopting its findings and denying the Petitioner's objections and habeas corpus petition.
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S.D. Fla.·
2020-12-31
The court held that a federal court cannot entertain a Fourth Amendment claim in a habeas petition if the petitioner had a full and fair opportunity to litigate the claim in state court, and that the petitioner's claim was procedurally barred under Stone v. Powell.
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A district court may sua sponte dismiss a habeas petition as untimely without requiring a response from the state, provided the petitioner receives notice and an opportunity to be heard.
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M.D. Fla.·
2020-12-22
A petition for a belated appeal does not toll the one-year limitations period under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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The court held that the Petitioner is not entitled to habeas relief because the state court's decisions were not contrary to, nor did they involve an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-12-14
The court held that the petitioner's habeas corpus petition was untimely filed and did not qualify for the actual innocence exception, warranting dismissal.
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M.D. Fla.·
2020-12-08
The court held that defects in state collateral proceedings are not cognizable on federal habeas review. Therefore, the petition for a writ of habeas corpus should be denied.
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The court denied the petition for a writ of habeas corpus, finding no merit to claims of ineffective assistance of counsel.
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M.D. Fla.·
2020-12-04
The petition for writ of habeas corpus is dismissed as untimely filed because it was filed outside the one-year limitations period established by AEDPA.
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M.D. Fla.·
2020-12-02
The court held that the petitioner's federal habeas petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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A pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 is denied because the petitioner failed to exhaust her administrative remedies with the Florida Department of Corrections.
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The court denied the petition for habeas corpus, finding claims procedurally barred or without merit.
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M.D. Fla.·
2020-11-20
Jordan J. Gadson challenged his first-degree murder conviction by filing a federal habeas corpus petition, arguing that jury instructions on felony murder and principals constituted a constructive amendment of the indictment, that trial counsel failed to advise him of the charges
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M.D. Fla.·
2020-11-18
The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than two years after the statute of limitations expired.
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The court denied the petitioner's motion to supplement his prior motions, finding it moot and that any new claims constituted a successive habeas petition requiring prior circuit court authorization.
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M.D. Fla.·
2020-11-09
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, as the state court's actions indicated finality of the judgment despite the lack of an amended written sentence.
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The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-11-05
The court held that a successive federal habeas corpus petition based on newly discovered evidence requires prior authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2020-11-05
Daniel Toney, a state prison inmate, filed a federal habeas corpus petition challenging his 2010 Florida conviction for armed robbery and firearm possession, raising four grounds including insufficient evidence, improper HFO sentencing, ineffective assistance of trial counsel reg
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The federal court denied the habeas corpus application because the state court's decisions on the petitioner's ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
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M.D. Fla.·
2020-11-03
The court held that a state prisoner's federal habeas corpus petition was untimely filed because the one-year limitations period under AEDPA had expired before the petitioner filed his state post-conviction motion.
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M.D. Fla.·
2020-10-30
The court held that the petitioner's federal habeas petition was time-barred because he failed to demonstrate extraordinary circumstances or adequate diligence to warrant equitable tolling of the AEDPA's one-year limitations period.
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S.D. Fla.·
2020-10-30
The court held that the petitioner's habeas corpus petition was time-barred because it was filed more than one year after the judgment became final, and no equitable exceptions applied.
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The federal habeas petition is denied because the petitioner failed to exhaust his claims in state court, leading to procedural default.
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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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S.D. Fla.·
2020-10-29
The court held that a state prisoner's claims regarding jail credit are not cognizable under 28 U.S.C. § 2254 and lacked sufficient factual support.
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M.D. Fla.·
2020-10-28
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 conviction became final and no tolling events applied.
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S.D. Fla.·
2020-10-22
The court accepted and adopted the magistrate judge's report recommending the transfer of the habeas corpus petition.
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The court held that the petitioner's claims were not cognizable on federal habeas review or were procedurally defaulted under state law.
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The court accepted and adopted the magistrate judge's report recommending transfer of the habeas corpus petition.
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The court held that the petitioner's claims were unexhausted and, even if considered on the merits, lacked merit under the applicable standards of review.
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M.D. Fla.·
2020-10-19
The court held that the petitioner's claim regarding his sentence was unexhausted and, alternatively, without merit because he admitted the factual basis for the sentence during his guilty plea, which satisfied the requirements of Blakely and Apprendi.
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M.D. Fla.·
2020-10-19
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and therefore dismissed the petition with prejudice.
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M.D. Fla.·
2020-10-16
The petition for a writ of habeas corpus is denied because the petitioner's claims are either procedurally defaulted, lack merit, or are refuted by the record.
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M.D. Fla.·
2020-10-14
Ian Chad Webster, a Florida state prisoner, petitioned for federal habeas corpus relief challenging his guilty pleas to conspiracy to traffic cocaine, possession of cocaine while armed, and tampering with evidence. The court rejected all seven of Webster's claims, finding that hi
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The court held that the petitioner's federal habeas corpus application was untimely because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA), and the corrected sentencing documents did not reset the limi
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M.D. Fla.·
2020-10-07
The court held that the petitioner's counsel was not ineffective and that the state court's decision was entitled to AEDPA deference.
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M.D. Fla.·
2020-10-02
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions 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.·
2020-10-01
The federal court denied the petition for writ of habeas corpus, finding the state court's adjudications of the petitioner's claims were not contrary to, nor an unreasonable application of, clearly established federal law.
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M.D. Fla.·
2020-09-25
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that the petitioner failed to demonstrate actual innocence to overcome the time bar.
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M.D. Fla.·
2020-09-21
Copeland, an inmate convicted of attempted first degree murder, aggravated battery with a firearm, and shooting into a building, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his Florida conviction. The district court denied all four grounds of his pet
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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 adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Petition for Writ of Habeas Corpus and denying a Certificate of Appealability.
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M.D. Fla.·
2020-09-14
The court held that the petitioner's federal habeas corpus petition was time-barred under the AEDPA's one-year statute of limitations.