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M.D. Fla.·
2023-07-14
A district court lacks jurisdiction to hear a second or successive § 2254 petition unless the appropriate appellate court has authorized its consideration.
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M.D. Fla.·
2023-06-26
The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
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S.D. Fla.·
2023-06-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no exceptions applied.
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S.D. Fla.·
2023-06-07
The court held that the pro se petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because the petitioner failed to file within the one-year statute of limitations and did not establish grounds for equitable to
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M.D. Fla.·
2023-06-02
The court denied the petition for writ of habeas corpus, finding claims procedurally defaulted or not cognizable in federal court.
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N.D. Fla.·
2023-05-24
The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended petition for a writ of habeas corpus.
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M.D. Fla.·
2023-04-17
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2023-04-12
The court held that the pro se habeas petition is frivolous and lacks merit, denying relief.
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M.D. Fla.·
2023-04-05
The court held that a federal habeas petition filed after the expiration of the one-year limitations period under AEDPA, which was not tolled by an untimely state postconviction motion, is time-barred.
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M.D. Fla.·
2023-03-30
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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S.D. Fla.·
2023-03-29
The court held that the petitioner's second amended petition for a writ of habeas corpus was time-barred under AEDPA, and equitable tolling was not warranted due to his lack of diligence in complying with court orders and filing requirements.
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S.D. Fla.·
2023-03-22
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and equitable tolling was not warranted.
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M.D. Fla.·
2023-03-09
The court held that the petitioner's federal habeas petition was timely filed because his notice of appeal was deemed timely under Florida's prison mailbox rule, which tolled the statute of limitations.
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M.D. Fla.·
2023-03-08
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2023-02-15
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.·
2023-01-20
The court held that the petitioner's habeas petition was untimely and equitable tolling was not warranted because the attorney's misadvice, while negligent, did not rise to the level of abandonment or extraordinary circumstance required for tolling.
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M.D. Fla.·
2023-01-05
The court held that the petitioner's habeas corpus petition was untimely and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2023-01-03
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 excuse the delay.
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M.D. Fla.·
2022-12-09
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish actual innocence to overcome the statute of limitations.
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M.D. Fla.·
2022-11-28
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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S.D. Fla.·
2022-11-18
Badi Burgos, a Florida prisoner convicted of felony murder and armed robbery, filed a federal habeas petition challenging his state conviction and sentence, raising claims about the trial court's failure to conduct hearings on his right to self-representation and discharge of cou
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M.D. Fla.·
2022-11-03
Karla Davis challenged her state conviction for second-degree murder through a federal habeas petition, raising twenty-four grounds of ineffective assistance of counsel. The federal court denied all claims, finding that many were procedurally defaulted because Davis failed to bri
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M.D. Fla.·
2022-11-03
A state court's ministerial correction of a scrivener's error in a judgment to conform to the oral sentencing pronouncement does not create a new judgment for purposes of determining if a federal habeas petition is second or successive.
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M.D. Fla.·
2022-10-25
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-09-23
Armey filed a federal habeas petition challenging his state convictions for carjacking, burglary, and theft, claiming the prosecution withheld exculpatory evidence and that his trial counsel was ineffective for failing to present an insanity defense based on mental illness. The c
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S.D. Fla.·
2022-07-08
The federal habeas petition is dismissed as untimely because the petitioner exceeded the one-year limitations period established by AEDPA, and neither actual innocence nor equitable tolling applies.
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M.D. Fla.·
2022-07-07
The court held that Grounds One, Three, and Four were untimely filed and Ground Two was procedurally barred and also failed on the merits.
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M.D. Fla.·
2022-06-03
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because his state postconviction motions were not properly filed, and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2022-06-01
The court held that the state appellate court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-05-31
The federal court denied the habeas corpus petition, finding the state court's decisions on ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2022-05-02
The court held that the petitioner's habeas corpus petition was untimely filed and that his claim of actual innocence did not overcome the untimeliness because it amounted to legal innocence, not factual innocence.
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M.D. Fla.·
2022-04-28
Florida prisoner Steven Beebe filed a federal habeas petition challenging his 2014 conviction for aggravated stalking and violation of court orders stemming from repeated phone calls and online harassment of a woman and her daughter after being placed on a no-contact order. The c
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M.D. Fla.·
2022-04-12
The court held that the federal habeas petition was untimely filed because it was filed after the one-year limitations period, as expired state postconviction filings did not toll the period.
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S.D. Fla.·
2022-04-08
The court denied the motion for a stay of abeyance and granted leave to file an amended petition containing only exhausted claims.
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S.D. Fla.·
2022-03-21
The court held that Claim 1 is procedurally defaulted because the federal nature of the claim was not presented to the state court on direct appeal, and Claims 2-6 are exhausted as they were fairly presented in state post-conviction proceedings.
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M.D. Fla.·
2022-03-18
The court held that the new claims in the counseled petition do not relate back to the original pro se petition and that equitable tolling is not warranted because the petitioner failed to demonstrate a causal link between his alleged mental impairment and the untimely filing.
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M.D. Fla.·
2022-03-09
The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2022-01-24
Florida inmate Terry Glenn Loftin challenged his sexual battery convictions through federal habeas corpus, raising claims including inadequate Miranda warnings, Brady violations, ineffective assistance of counsel regarding competency investigations and trial strategy, and discove
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M.D. Fla.·
2022-01-20
The court held that it lacks jurisdiction to consider a second or successive habeas petition without prior authorization from the Eleventh Circuit.
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M.D. Fla.·
2021-12-17
Federal habeas relief is denied because the state court's adjudication of the ineffective assistance of counsel claims was 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.·
2021-12-06
The petition for a writ of habeas corpus is dismissed as untimely because it was filed after the one-year limitations period expired and the petitioner failed to establish entitlement to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2021-12-01
The court held that the petition for writ of habeas corpus was untimely filed under AEDPA and, alternatively, lacked merit.
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M.D. Fla.·
2021-10-07
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period and denied equitable tolling.
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M.D. Fla.·
2021-09-23
Lwane Mansell, a Florida prisoner convicted of luring/enticing a child and lewd/lascivious conduct against an 11-year-old, filed a federal habeas corpus petition challenging his conviction, raising claims of prosecutorial misconduct, insufficient evidence, and ineffective assista
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M.D. Fla.·
2021-09-21
Sasha Nicole Pringle challenged her conviction for leaving the scene of a crash involving death in a federal habeas corpus petition, arguing her trial counsel was ineffective and that she was convicted on improper jury instructions. The court granted habeas relief on her claim th
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M.D. Fla.·
2021-09-17
The petition for writ of habeas corpus is dismissed as untimely because the petitioner's final state post-conviction motion was not properly filed under state law and therefore did not toll the federal limitations period.
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M.D. Fla.·
2021-09-13
Demetrius Flowers, a Florida inmate convicted of armed robbery and kidnapping, filed a federal habeas corpus petition challenging his conviction on eight grounds, including jury instruction errors, sufficiency of evidence claims, and ineffective assistance of counsel arguments. T
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S.D. Fla.·
2021-08-20
The court held that it lacked jurisdiction to consider a request for an extension to file a habeas petition before the petition itself was filed.
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M.D. Fla.·
2021-08-18
Curtis Louis Robinson, an inmate serving a nineteen-year sentence for drug and weapons offenses in Florida, filed a federal habeas corpus petition challenging his state convictions for possession of hydrocodone, sale or delivery of cocaine, possession of cannabis, and resisting a
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M.D. Fla.·
2021-08-09
An inmate convicted of selling controlled substances within 1000 feet of a specified area filed a federal habeas petition challenging his state conviction by raising five grounds of ineffective assistance of counsel. The district court denied the petition, finding that the state