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.·
2020-09-04
The district court dismissed the petition for writ of habeas corpus for lack of jurisdiction because the petitioner was not 'in custody' for one conviction and the other was a successive petition requiring prior authorization from the Court of Appeals.
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M.D. Fla.·
2020-09-04
The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2020-09-02
The court held that the petitioner's claims were procedurally defaulted and without merit, and therefore denied the petition for writ of habeas corpus.
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M.D. Fla.·
2020-08-27
Zachery Keith Turner, convicted of lewd and lascivious battery on a minor, filed a federal habeas corpus petition challenging his conviction and 15-year sentence on multiple grounds, including claims of competency-to-stand-trial error, ineffective assistance of counsel, and Crawf
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M.D. Fla.·
2020-08-26
A claim of actual innocence, standing alone, is not cognizable in a second or successive federal habeas petition unless accompanied by an independent constitutional violation.
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M.D. Fla.·
2020-08-26
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations, as it was filed more than seven years after his judgment became final and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2020-08-25
A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.
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The federal court denied the petition for a writ of habeas corpus because the petitioner failed to demonstrate that the state court's findings on her claims of ineffective assistance of counsel and due process violation were unreasonable.
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The federal court denied a petition for a writ of habeas corpus because it was untimely filed under AEDPA's statute of limitations, and alternatively, the claims lacked merit.
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The court held that the pro se plaintiff's complaint failed to state a claim for relief and lacked sufficient factual allegations for jurisdiction.
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M.D. Fla.·
2020-08-14
The court denied Petitioner a certificate of appealability because he failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2020-08-13
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling.
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S.D. Fla.·
2020-08-04
The court held that the petitioner's claims of ineffective assistance of counsel were not meritorious and denied his petition for a writ of habeas corpus, also denying his motion to withdraw.
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S.D. Fla.·
2020-07-30
The court held that venue was improper in the Southern District of Florida and transferred the case to the Middle District of Florida.
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M.D. Fla.·
2020-07-30
The court held that venue was improper in the Southern District of Florida and transferred the case to the Middle District of Florida.
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M.D. Fla.·
2020-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate entitlement to equitable tolling.
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The court held that the plaintiff's civil rights complaint was barred by the statute of limitations and the Rooker-Feldman doctrine, and thus failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2020-07-13
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish an actual innocence gateway exception.
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N.D. Fla.·
2020-07-01
The court held that the state court's ruling on the petitioner's ineffective assistance claim was not contrary to clearly established federal law, but granted a certificate of appealability on that issue.
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M.D. Fla.·
2020-06-25
The court held that the state appellate court's adjudication of the petitioner's claim regarding the suppression of eyewitness identification was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination o
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M.D. Fla.·
2020-06-23
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The court reasoned that the one-year limitations period expired before the petitioner filed his state post-conviction relie
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M.D. Fla.·
2020-06-16
The court held that the petitioner's claim regarding the information being filed in bad faith was procedurally defaulted and unexhausted, and alternatively, the information provided adequate notice. The court also held that the petitioner's sentence was a lawful enhancement as a
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M.D. Fla.·
2020-06-09
The court held that the petitioner's claims regarding due process and equal protection were unexhausted and procedurally barred, and his ineffective assistance of counsel claims were not meritorious under the deferential AEDPA standard.
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M.D. Fla.·
2020-05-29
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2020-05-26
The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations, and the petitioner failed to establish the actual innocence exception.
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M.D. Fla.·
2020-05-19
Thomas Woods, an inmate in the Florida penal system, challenged his 2013 conviction for trafficking in cocaine while armed with a firearm through a federal habeas corpus petition, arguing that his trial counsel was ineffective for failing to advise him of or pursue an entrapment
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M.D. Fla.·
2020-05-18
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year limitations period, and equitable tolling was not warranted.
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M.D. Fla.·
2020-05-15
Larry G. Jossey, Jr., an inmate proceeding without counsel, petitioned for federal habeas relief under 28 U.S.C. § 2254, challenging his state court conviction for armed robbery on eight grounds, including claims of ineffective assistance of counsel, jury instruction errors, and
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S.D. Fla.·
2020-05-14
The court held that a Certificate of Appealability (COA) is not warranted for the denial of the motion to alter or amend judgment because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2020-05-04
The court held that the petitioner's claim regarding a Nelson hearing is not cognizable on federal habeas review as it is a matter of state law. The court also held that the petitioner's Faretta claim fails because his request to proceed pro se was not clear and unequivocal, and
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M.D. Fla.·
2020-05-04
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.·
2020-05-01
The court held that the petitioner's federal habeas corpus petition was untimely because it was filed more than one year after his conviction became final, and his claim of actual innocence did not meet the required standard.
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M.D. Fla.·
2020-04-27
The court held that the petitioner failed to demonstrate probable cause to believe his condition had so changed that it was safe for him to be at large, and thus his civil commitment would continue.
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M.D. Fla.·
2020-04-22
The court denied the petitioner's motions for reconsideration and extension of time to appeal, finding the reconsideration motion untimely under Rule 59(e) and lacking merit under Rule 60(b).
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M.D. Fla.·
2020-04-20
The court held that the state court's denial of the petitioner's claims was neither 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 court denied the petition for a writ of habeas corpus and denied a certificate of appealability.
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M.D. Fla.·
2020-04-09
The court held that it lacked jurisdiction to consider a motion to toll the statute of limitations for a habeas petition when no petition had been filed, and that the statute does not authorize prospective tolling.
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M.D. Fla.·
2020-04-06
The petition for writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
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M.D. Fla.·
2020-04-06
The court held that there is no constitutional right to counsel in state postconviction proceedings and that the petitioner's claim was unexhausted and procedurally defaulted.
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M.D. Fla.·
2020-04-06
The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to establish actual innocence or newly discovered evidence to overcome the statute of limitations.
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N.D. Fla.·
2020-04-04
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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M.D. Fla.·
2020-03-30
The court held that it lacks jurisdiction to grant an extension for a habeas corpus petition before it is filed.
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M.D. Fla.·
2020-03-23
The court held that the petitioner failed to demonstrate entitlement to equitable tolling of the one-year limitations period for filing a federal habeas corpus petition, and thus the petition was untimely.
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M.D. Fla.·
2020-03-23
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed after the one-year limitations period expired and he failed to establish grounds for equitable tolling.
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M.D. Fla.·
2020-03-19
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception, warranting dismissal.
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M.D. Fla.·
2020-03-19
The Court held that Petitioner's state post-conviction motion was properly filed, thus tolling the federal habeas limitations period, and denied the Respondent's motion to dismiss.
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M.D. Fla.·
2020-03-16
The court held that the petitioner's claims were either unmeritorious or unexhausted, and that the state court's decisions were not contrary to or an unreasonable application of federal law.
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The court held that the petitioner failed to establish 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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The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's claims were either unexhausted and procedurally defaulted, or that the state court's denial of relief on the merits was not unreasonable under the applicable standards.