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M.D. Fla.·
2025-04-16
A federal court cannot grant habeas relief unless the petitioner has exhausted all available state remedies.
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M.D. Fla.·
2025-03-31
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed more than one year after the judgment became final and no tolling events occurred.
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M.D. Fla.·
2025-03-20
James Carter, convicted of burglary with damage exceeding $1,000, first-degree arson, and aggravated stalking after confessing to setting a fire at his ex-girlfriend's parents' home in Florida, sought federal habeas relief challenging the admission of his statements to police and
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M.D. Fla.·
2025-03-13
A federal habeas petition is time-barred if filed after the one-year limitations period, and reliance on misinformation from a prison law clerk does not constitute an extraordinary circumstance for equitable tolling.
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M.D. Fla.·
2025-03-11
The court held that the petitioner's federal habeas petition was untimely filed and that he was not entitled to equitable tolling.
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M.D. Fla.·
2025-02-25
The court held that the petitioner's federal habeas petition was time-barred under AEDPA because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances justifying equitable tolling.
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N.D. Fla.·
2025-01-28
The court held that the petitioner's habeas petition was untimely filed and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2025-01-21
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it with prejudice.
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M.D. Fla.·
2024-12-23
The court held that the petition for writ of habeas corpus was untimely filed under AEDPA, and equitable tolling and actual innocence exceptions did not apply.
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M.D. Fla.·
2024-12-17
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and no basis existed to excuse the delay.
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M.D. Fla.·
2024-10-29
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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N.D. Fla.·
2024-10-25
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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N.D. Fla.·
2024-10-21
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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M.D. Fla.·
2024-10-18
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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M.D. Fla.·
2024-09-06
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it.
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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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N.D. Fla.·
2024-08-21
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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M.D. Fla.·
2024-08-15
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.·
2024-07-08
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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M.D. Fla.·
2024-06-27
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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S.D. Fla.·
2024-06-04
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.
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S.D. Fla.·
2024-05-31
The court held that the petitioner's federal habeas petition was time-barred under AEDPA because it was filed more than one year after his judgment became final and he failed to demonstrate statutory tolling, equitable tolling, or actual innocence.
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M.D. Fla.·
2024-05-30
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither the actual innocence exception nor equitable tolling applied.
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S.D. Fla.·
2024-05-14
Tyrell Deronville, sentenced to life plus 30 years for second-degree murder and attempted second-degree murder in a shooting over a drug dispute, filed a federal habeas petition challenging his conviction based on claims of ineffective assistance of counsel. The district court di
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M.D. Fla.·
2024-04-19
The court held that the petitioner's federal habeas corpus petition was untimely because it was filed after the expiration of the one-year limitations period established by AEDPA, and a pending state motion to correct an illegal sentence did not appear to have tolling effect.
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M.D. Fla.·
2024-04-15
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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M.D. Fla.·
2024-04-10
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.·
2024-03-12
Joshua Brian Nibbelink, a Florida inmate, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2015 state court conviction for first-degree felony murder, kidnapping, and robbery. The district court reviewed the petition applying the deferential AEDPA sta
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M.D. Fla.·
2024-03-06
The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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M.D. Fla.·
2024-03-06
Todd Curtis West, an inmate convicted of armed burglary with assault or battery, sought federal habeas relief under 28 U.S.C. § 2254, raising multiple claims of ineffective assistance of trial counsel. The district court denied all grounds, finding that the state court's rejectio
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M.D. Fla.·
2024-02-29
The court adopted the Magistrate Judge's Report and Recommendation, dismissing the plaintiff's complaint with prejudice and denying his motion to proceed in forma pauperis.
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M.D. Fla.·
2024-02-05
The court held that the petitioner's habeas corpus petition was time-barred because the claims were not filed within the one-year limitation period and equitable tolling and actual innocence did not apply.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's claims were procedurally barred due to failure to exhaust state remedies and properly present federal issues, and that even if considered on the merits, the claims lacked merit under AEDPA's deferential standard.
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M.D. Fla.·
2024-01-18
The court held that the petitioner procedurally defaulted his federal due process claim and failed to establish cause and prejudice to overcome the default, and thus denied his petition for a writ of habeas corpus.
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S.D. Fla.·
2024-01-12
The court held that the petitioner's federal habeas corpus petition was untimely under AEDPA's one-year statute of limitations because his subsequent state post-conviction filings were not "properly filed" and therefore did not toll the limitations period.
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M.D. Fla.·
2023-12-19
The court denied the petition for writ of habeas corpus, finding that the state court's decision regarding ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2023-12-14
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA's one-year statute of limitations because it was filed more than two years after the judgment became final and no exceptions applied.
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M.D. Fla.·
2023-12-05
The court held that the petitioner's claims were either procedurally defaulted, not cognizable on federal habeas review, or failed to meet the high bar for relief under AEDPA and Strickland v. Washington.
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M.D. Fla.·
2023-11-30
Danny Hammond, an inmate convicted in 2015 of robbery with a weapon and sentenced to thirty years in prison, filed a federal habeas corpus petition challenging his conviction on seven grounds, primarily alleging ineffective assistance of trial counsel. The district court dismisse
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M.D. Fla.·
2023-11-29
The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and no tolling events applied to make it timely.
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N.D. Fla.·
2023-10-27
The court held that the petitioner's claims for equitable tolling based on lack of education, inmate law clerk failures, and separation from legal papers were insufficient to overcome the untimeliness of his habeas petition.
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M.D. Fla.·
2023-10-16
Noni Jamil Stinson, a Florida inmate, sought federal habeas relief under 28 U.S.C. § 2254, challenging her 2013 state court conviction for manslaughter in the shooting death of her husband. The court denied her amended petition, which raised seven grounds for relief centered on c
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M.D. Fla.·
2023-10-12
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and that the circumstances presented did not warrant equitable tolling.
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M.D. Fla.·
2023-10-06
The court held that the petitioner's claims were either procedurally defaulted or without merit under AEDPA deference, and thus denied the petition for writ of habeas corpus.
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M.D. Fla.·
2023-09-27
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations.
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M.D. Fla.·
2023-08-24
A Florida state prisoner, Carlos Rivas, sought federal habeas corpus relief challenging his conviction for first-degree premeditated murder and theft, claiming ineffective assistance of trial counsel, improper exclusion of expert testimony on brain impairment, and violation of Mi
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S.D. Fla.·
2023-08-17
The Court held that a legal decision in another case does not constitute a new factual predicate for extending the habeas petition's limitations period. The petition was untimely.
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M.D. Fla.·
2023-08-15
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and equitable tolling was not warranted.
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M.D. Fla.·
2023-08-02
Herman Paul Solano sought federal habeas relief under 28 U.S.C. § 2254, challenging his St. Johns County convictions for violations of pretrial release, aggravated battery, false imprisonment, shooting into a building, and burglary with an assault or battery. The court denied all