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.·
2024-12-10
The court held that the federal habeas petition was untimely under AEDPA and that the petitioner's claims lacked merit.
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N.D. Fla.·
2024-12-09
The court held that a state prisoner's federal habeas corpus petition under 28 U.S.C. § 2254 was untimely because it was filed more than one year after the judgment became final, and a subsequent nunc pro tunc correction of the sentence did not restart the limitations period.
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M.D. Fla.·
2024-12-09
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and dismissed the case with prejudice.
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M.D. Fla.·
2024-12-06
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and dismissed the case.
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M.D. Fla.·
2024-11-26
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by AEDPA, and no tolling or equitable exceptions apply.
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N.D. Fla.·
2024-11-12
The court held that the petitioner's federal habeas corpus petition was untimely filed after the one-year limitations period expired, and therefore, it should be dismissed with prejudice.
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S.D. Fla.·
2024-11-12
The court recommended denying the petition for writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and that certain claims were procedurally barred.
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N.D. Fla.·
2024-11-07
The court recommended denying the federal habeas petition because the state court's decisions on double jeopardy and ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
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The court dismissed the case without prejudice because the petitioner failed to use the required standard forms, combine claims improperly, and did not pay the filing fee or seek in forma pauperis status.
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M.D. Fla.·
2024-10-28
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, as it was filed long after the one-year limitations period expired, even when accounting for potential tolling and a later start date based on alleged newly discovered evidence.
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The court held that a district court lacks jurisdiction to consider a successive habeas corpus petition that has not been authorized by the appropriate court of appeals.
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S.D. Fla.·
2024-10-24
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the petitioner's judgment became final, and neither statutory tolling, equitable tolling, nor the actual innocence exception applies.
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N.D. Fla.·
2024-10-21
A federal court lacks subject matter jurisdiction over a habeas petition if the petitioner is not 'in custody' pursuant to the conviction under attack when the petition is filed.
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119 F.4th 1261·
11th Cir.·
2024-10-21
The Eleventh Circuit held that the state court reasonably concluded that counsel's failure to file an appellee's brief in response to the State's direct appeal does not entitle the defendant to a presumption of prejudice under United States v. Cronic.
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The court held that a successive federal habeas petition must be dismissed for lack of jurisdiction if the petitioner has not obtained authorization from the appropriate court of appeals.
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The court held that the petition for writ of habeas corpus was time-barred under AEDPA's one-year limitations period.
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The court granted the petitioner's motion to stay his federal habeas corpus petition pending the resolution of his state collateral proceedings.
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M.D. Fla.·
2024-10-16
The federal habeas corpus petition was denied as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no grounds for tolling or extension were established.
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M.D. Fla.·
2024-10-16
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it because he failed to demonstrate actual innocence or any other basis for equitable tolling.
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M.D. Fla.·
2024-10-15
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.·
2024-10-03
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.·
2024-09-27
The court held that a federal court should not interfere with pending state criminal proceedings absent exceptional circumstances, and that claims must be exhausted in state court.
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S.D. Fla.·
2024-09-26
The court held that the federal habeas petition was time-barred because the state post-conviction motion did not toll the limitations period, and the petitioner failed to establish actual innocence.
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M.D. Fla.·
2024-09-23
The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
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M.D. Fla.·
2024-09-17
A federal habeas court denied Greg Crawford's petition challenging his Florida conviction for lewd or lascivious battery on a 15-year-old girl, holding that trial counsel was not ineffective for advising him not to testify, failing to call certain witnesses, or forgoing certain c
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N.D. Fla.·
2024-09-16
The court held that the petitioner's arguments did not meet the high standard required for federal habeas corpus relief under 28 U.S.C. § 2254(d) and that the arguments were frivolous.
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The court held that most of the applicant's claims are procedurally barred from federal review due to failure to exhaust state remedies or procedural default, and the applicant failed to establish cause and prejudice or a fundamental miscarriage of justice.
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M.D. Fla.·
2024-09-09
Henry Coldridge Mills, a Florida inmate serving a twenty-year sentence for attempted second-degree murder and firearms offenses, filed a federal habeas petition challenging his state conviction on six grounds, including claims of ineffective assistance of counsel, evidentiary err
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it.
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N.D. Fla.·
2024-09-03
The court held that the petitioner's federal habeas corpus petition was untimely filed, as it was filed after the expiration of the one-year limitations period. A certificate of appealability was denied.
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M.D. Fla.·
2024-08-29
The court held that a resentencing order entered nunc pro tunc does not constitute a new judgment for purposes of AEDPA's second or successive petition bar, and thus the current petition is barred.
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2024 WL 964197·
M.D. Fla.·
2024-08-28
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and her claims for equitable tolling were insufficient.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, and no exceptions applied.
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N.D. Fla.·
2024-08-20
The court held that a federal habeas petitioner cannot obtain relief on a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it, and that the petitioner's claims of ineffective assistance of counsel lacked merit because his underlying Fourth Amen
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Keith Patrick Henry, an inmate serving a twenty-year sentence for attempt to possess cocaine and conspiracy to traffic in controlled substances, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising eleven grounds of ineffective assistance of counsel and rel
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The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because it was filed more than two months after the expiration of the one-year limitations period.
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M.D. Fla.·
2024-08-15
The court held that the habeas corpus application was untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA) because the applicant's prior state post-conviction motion was dismissed as untimely and therefore did not toll the federal limitation period.
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M.D. Fla.·
2024-08-13
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish an actual innocence exception to the limitations period.
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N.D. Fla.·
2024-08-08
The court held that the state court's rejection of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and thus habeas relief should be denied.
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N.D. Fla.·
2024-08-06
The court held that the petitioner's habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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Robert Earl Hayes, a Florida inmate serving a life sentence as a prison releasee reoffender following conviction for three counts of robbery and one count of possession of ammunition by a convicted felon, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising
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The district court dismissed the habeas corpus application because it was a second or successive filing without the required authorization from the court of appeals.
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Renell Jones sought federal habeas corpus relief challenging the admission of his confession in a murder trial, arguing Miranda violations and constitutional defects in his interrogation. The district court affirmed the magistrate judge's recommendation to deny the petition, find
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M.D. Fla.·
2024-07-25
The court held that the petitioner's claim of ineffective assistance of counsel was unexhausted and procedurally defaulted, and he failed to demonstrate cause and prejudice to overcome the default.
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M.D. Fla.·
2024-07-17
A plaintiff may not file duplicative complaints to expand legal rights; this case is dismissed for improper claim splitting.
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M.D. Fla.·
2024-07-10
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.·
2024-07-08
The court held that the petitioner's habeas corpus petition was untimely filed and he failed to establish grounds for equitable tolling or actual innocence to overcome the procedural bar.
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The court held that the petitioner's habeas corpus petition was time-barred and that his claim for equitable tolling based on the confiscation of his legal property was insufficient.
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Federal habeas corpus relief is not available for alleged violations of state law, even if the state court's interpretation of state law is challenged.
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The court held that it lacks jurisdiction to consider a second or successive federal habeas petition when the petitioner has not obtained authorization from the Eleventh Circuit.