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.·
2020-02-20
A federal habeas petition filed more than one year after the conviction became final, and after the federal limitations period expired, cannot be revived by a subsequent state post-conviction motion or by relying on a U.S. Supreme Court decision that is not retroactively applicab
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S.D. Fla.·
2020-02-18
Robert Gorham sought federal habeas relief arguing his trial attorney failed to convey a five-year pretrial plea offer, violating his Sixth Amendment right to effective assistance of counsel. The District Court found the state trial court improperly applied the legal standard for
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M.D. Fla.·
2020-02-14
The court held that the state court's denial of the petitioner's Brady claim was not objectively unreasonable, as the withheld evidence regarding a confidential informant was not material to the outcome of the trial.
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M.D. Fla.·
2020-02-10
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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M.D. Fla.·
2020-02-05
The court held that the petition for writ of habeas corpus was untimely filed under 28 U.S.C. § 2244(d)(1) and denied equitable tolling.
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S.D. Fla.·
2020-01-31
The court held that the petition for writ of habeas corpus was properly dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not qualify for equitable tolling.
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The court held that the petitioner's claims were without merit and denied his petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
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The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, nor an unreasonable application of, clearly established federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2020-01-27
The court held that the petitioner's federal habeas petition was time-barred because his state post-conviction motion was not properly filed and therefore did not toll the statute of limitations.
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William Carson Merrill challenged his Florida manslaughter with a firearm conviction through federal habeas corpus, raising seven grounds of ineffective assistance of counsel claims under the Sixth and Fourteenth Amendments. The district court applied the strict deferential stand
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M.D. Fla.·
2020-01-13
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.·
2020-01-08
The court held that the petitioner's motion to alter or amend was untimely under Rule 59(e) and failed to demonstrate grounds for reconsideration under Rule 60(b), and therefore denied the motion.
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M.D. Fla.·
2019-12-19
The court held that the petitioner's federal habeas petition was untimely filed and denied it.
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M.D. Fla.·
2019-12-17
The federal court denied a state prisoner's habeas corpus petition because the state court's rejection of his claims regarding sentencing enhancements was not contrary to or an unreasonable application of federal law.
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Shuron Antwoune Hester filed a federal habeas petition challenging his Florida conviction for sexual battery and lewd or lascivious molestation of a child. The District Court denied the petition, finding that several claims were procedurally barred due to insufficient exhaustion
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M.D. Fla.·
2019-11-07
The court held that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, lacked merit and did not meet the standard for federal habeas corpus relief under AEDPA.
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M.D. Fla.·
2019-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not overcome the untimeliness.
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M.D. Fla.·
2019-10-17
Louis Thornton, a Florida inmate, sought federal habeas relief challenging his 2011 conviction for aggravated battery and firearm possession based on alleged ineffective assistance of trial counsel and other constitutional claims, which the court denied as either improper state l
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M.D. Fla.·
2019-10-15
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.·
2019-10-11
The court held that the petitioner's claims regarding speedy trial violations and state procedural errors in competency determinations are not cognizable in federal habeas corpus or fail on the merits under AEDPA deference.
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M.D. Fla.·
2019-10-10
The Court denies Petitioner's request for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2019-10-04
The court held that the federal habeas petition was untimely filed under the one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2019-10-02
The court held that the federal habeas petition was untimely because the petitioner failed to demonstrate diligence in pursuing his state court remedies and therefore equitable tolling was not warranted.
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M.D. Fla.·
2019-09-30
The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to demonstrate actual innocence to overcome the procedural bar.
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M.D. Fla.·
2019-09-30
The court held that the petitioner's habeas petition was timely filed, denying the respondent's motion to dismiss.
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M.D. Fla.·
2019-09-19
The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his judgment became final and he failed to demonstrate extraordinary circumstances for equitable tolling.
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The court held that the applicant's claims in ground one were procedurally barred due to failure to exhaust state remedies, and the claims in ground two, alleging ineffective assistance of counsel, were denied as the state court's adjudication was not contrary to or an unreasonab
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The court held that most of the applicant's claims were procedurally barred from federal review due to failure to properly present them in state court. The remaining claim of ineffective assistance of counsel was denied as the state court's decision was not contrary to or an unre
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S.D. Fla.·
2019-08-30
The court held that the state court's decision to uphold the plea agreement was not contrary to or an unreasonable application of federal law, as the petitioner was warned that the state plea agreement could not guarantee a concurrent federal sentence.
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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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M.D. Fla.·
2019-08-15
The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
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M.D. Fla.·
2019-08-13
The court held that the petitioner's federal habeas corpus petition was filed outside the one-year statute of limitations and was therefore dismissed as time-barred.
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The court held that the petitioner's claims of ineffective assistance of counsel were without merit and denied his petition for a writ of habeas corpus.
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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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707 F.3d 1239·
11th Cir.·
2013-02-05
A Florida inmate's federal habeas corpus petition was untimely because his state Rule 3.800(c) post-conviction motion, which he relied upon to toll the one-year filing deadline, was dismissed by the state court as untimely filed and therefore did not constitute a "properly filed"
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644 F.3d 1206·
11th Cir.·
2011-06-28
Randall Scott Jones appealed the denial of his federal habeas corpus petition challenging his death sentence for two murders committed in 1987. Jones raised two ineffective assistance of counsel claims: first, that his trial lawyer labored under a conflict of interest as an honor
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680 F. Supp. 2d 1347·
S.D. Fla.·
2010-01-28
The court denied Petitioner Franqui's Amended Motion for Certificate of Appealability on all claims, finding no substantial showing of the denial of a constitutional right that would be debatable among reasonable jurists.
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758 F. Supp. 2d 1233·
S.D. Fla.·
2009-07-14
The court held that the petitioner received ineffective assistance of counsel because his attorney failed to challenge the state's failure to test each pellet of heroin, which violated controlling precedent and prejudiced the petitioner. This ineffective assistance constitutes ca
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480 F. Supp. 2d 1309·
S.D. Fla.·
2007-03-29
The court held that the federal habeas corpus petition was untimely filed, as it was filed more than one year after the petitioner's conviction became final, and the tolling provisions did not apply.
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480 F. Supp. 2d 1314·
S.D. Fla.·
2007-03-29
The court held that the petitioner's federal habeas petition was untimely because it was filed more than one year after his conviction and sentence became final, and the tolling provisions did not apply.
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1998 U.S. Dist. LEXIS 17834·
M.D. Fla.·
1998-11-06
The federal court denied Petitioner's habeas corpus petition, finding all grounds procedurally barred or without merit.
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The court held that a defendant who is informed of his right to appeal and fails to make his desire to appeal known waives that right, and thus cannot claim ineffective assistance of counsel for failure to appeal.
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997 F.2d 1324·
10th Cir.·
1993-07-08
The court held that the petitioner's guilty plea was voluntary and not coerced, and that the sentences imposed were not vindictive, thus affirming the district court's dismissal of the habeas corpus petition.
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993 F.2d 461·
5th Cir.·
1993-06-08
The court held that the admission of a videotaped statement did not violate the Confrontation Clause because the victim testified at trial and was subject to cross-examination, and that the admission of the videotape and witness remarks did not render the trial fundamentally unfa
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The court held that the Oklahoma court's application of the Edwards requirement, which shifted the burden to the petitioner to show why he would not have been certified as an adult, constituted an inadequate fact-finding procedure, thus the state court's determination was not ent
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989 F.2d 187·
5th Cir.·
1993-04-27
The court held that a petitioner is not 'in custody' for purposes of federal habeas corpus review under 28 U.S.C. § 2254 when challenging a conviction for which the sentence has been completed and which was not used to enhance the conviction for which the petitioner is currently
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The court held that trial counsel's failure to object to the use of an out-of-state conviction to enhance a sentence under Ark.Code Ann. § 5-64-401(c) constituted ineffective assistance of counsel, warranting habeas relief.
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The court held that a notice of appeal filed before the disposition of a timely Rule 59(e) motion is premature, and the appeal must be dismissed for lack of jurisdiction.
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The court held that the district court correctly denied the habeas corpus petition because the claims were either procedurally barred or meritless, and no evidentiary hearing was necessary.
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The court held that the petitioner was denied effective assistance of counsel under the Sixth Amendment due to his attorneys' failure to investigate and present alibi witnesses, which prejudiced his defense.