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S.D. Fla.·
2021-07-06
The court adopted the magistrate judge's report and recommendation, denying the habeas petition and refusing to issue a certificate of appealability.
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N.D. Fla.·
2021-06-19
The court held that the petitioner failed to demonstrate he could proceed through the actual innocence gateway to overcome the AEDPA's one-year limitations period.
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S.D. Fla.·
2021-05-26
The court held that a pro se prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless they face imminent danger of serious physical injury.
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M.D. Fla.·
2021-04-21
The federal court denied a state prisoner's petition for a writ of habeas corpus, finding his double jeopardy claim unexhausted and, alternatively, without merit because the mistrial was not provoked by the prosecution.
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M.D. Fla.·
2021-03-25
The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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M.D. Fla.·
2021-03-22
The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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M.D. Fla.·
2021-03-08
The court held that a claim based solely on state law regarding the withdrawal of a plea is not cognizable in federal habeas corpus proceedings. Furthermore, the court found that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to cle
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M.D. Fla.·
2021-02-04
Michael Kennedy, convicted in Duval County of two counts of aggravated assault with firearm discharge and one count of shooting or throwing a deadly missile, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel.
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M.D. Fla.·
2021-02-02
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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S.D. Fla.·
2021-01-27
The court adopted the magistrate judge's report and denied the petition for a writ of habeas corpus, finding most claims unexhausted and the remaining claims without merit.
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M.D. Fla.·
2021-01-19
The court held that attorney negligence, even if egregious, does not by itself qualify as an extraordinary circumstance for equitable tolling of the AEDPA limitations period.
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S.D. Fla.·
2020-12-28
A district court may sua sponte dismiss a habeas petition as untimely without requiring a response from the state, provided the petitioner receives notice and an opportunity to be heard.
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M.D. Fla.·
2020-12-04
The petition for writ of habeas corpus is dismissed as untimely filed because it was filed outside the one-year limitations period established by AEDPA.
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M.D. Fla.·
2020-12-02
The court held that the petitioner's federal habeas petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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S.D. Fla.·
2020-11-12
The court denied the petitioner's motion to supplement his prior motions, finding it moot and that any new claims constituted a successive habeas petition requiring prior circuit court authorization.
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M.D. Fla.·
2020-10-22
The court accepted and adopted the magistrate judge's report recommending transfer of the habeas corpus petition.
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S.D. Fla.·
2020-09-14
The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Petition for Writ of Habeas Corpus and denying a Certificate of Appealability.
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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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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.·
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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974 F.2d 946·
8th Cir.·
1992-08-14
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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963 F.2d 216·
8th Cir.·
1992-05-01
The court held that the evidence was sufficient to support the conviction and that the petitioner failed to establish prejudice from counsel's alleged errors.
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901 F.2d 671·
8th Cir.·
1990-04-19
The court held that the denial of funds for an investigator was not reversible error absent evidence of prejudice, and that having a married couple serve on a jury does not per se violate constitutional rights.
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631 F.2d 595·
8th Cir.·
1980-10-21
A federal court petition under 28 U.S.C. § 2254 alleging a sentencing judge ignored plea agreement terms fails to state a cause of action, as Santobello v. New York only binds prosecutors, not courts. Furthermore, a successive petition lacking new grounds may be dismissed.