1,935 Florida cases classified under this topic, plus 1,522 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The court denied the petition for a writ of habeas corpus, finding the claims either procedurally barred or without merit under AEDPA standards.
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S.D. Fla.·
2022-03-21
Timothy John Miers challenged his federal convictions for kidnapping and interstate domestic violence through a habeas petition under 28 U.S.C. § 2255, arguing his trial counsel was ineffective and that his sentence violated double jeopardy protections. The district court denied
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Fla. 2d DCA·
2022-03-18
The appellate court reversed a juvenile delinquency adjudication, finding the trial court erred by ordering the adjudicatory hearing to proceed entirely via Zoom without a hearing on the juvenile's objection and without making a case-specific finding of necessity to limit confron
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A criminal defendant's remote appearance at sentencing via video during the COVID-19 pandemic does not constitute fundamental error when the defendant did not object at trial, had a meaningful opportunity to be heard through counsel, presented all evidence and argument sought, an
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Fla.·
2022-01-20
Peter Avsenew was convicted of two first-degree murders and sentenced to death. The Florida Supreme Court reversed his convictions and ordered a new trial because the trial court violated Florida Rule of Criminal Procedure 3.190(i)(3) by allowing the defendant's mother to give pe
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Fla.·
2022-01-13
Peter Avsenew appeals his convictions and death sentences for the 2010 first-degree murders of Steven Adams and Kevin Powell. The Florida Supreme Court reverses the convictions and sentences because the perpetuated testimony of Avsenew's mother, a material State witness, was obta
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S.D. Fla.·
2021-12-10
The court affirmed the magistrate judge's report and recommendation, denying the habeas petition and finding no substantial showing of the denial of a constitutional right.
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Fla.·
2021-10-21
Trial counsel did not render deficient performance by introducing a portion of Smith's interrogation containing references to lack of remorse, as it was a sound strategic decision to show detective misconduct; counsel was not deficient in stipulating to booking photographs with w
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N.D. Fla.·
2021-10-15
A Florida inmate convicted of capital sexual battery against his six-year-old granddaughter and sentenced to life in prison challenged his conviction in federal habeas corpus proceedings, raising claims about closed-circuit testimony of the child victim, prosecutorial misconduct
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Fla. 2d DCA·
2021-10-13
The appellate court reversed a defendant's convictions for sexual battery and lewd molestation, finding that his trial counsel provided ineffective assistance. The court determined that counsel's failures to object to prejudicial evidence, including references to uncharged crimes
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M.D. Fla.·
2021-09-23
A Florida state prisoner, Gregory Washington, petitioned for habeas corpus relief under 28 U.S.C. § 2254, challenging his drug trafficking and conspiracy convictions on the grounds that his trial counsel provided ineffective assistance in various respects, including failing to se
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M.D. Fla.·
2021-09-09
An inmate challenging his Florida burglary conviction claimed his trial counsel was ineffective in stipulating to his fingerprints, failing to request hearings on missing crime scene evidence, and not calling fingerprint experts to counter the state's evidence. The federal distri
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M.D. Fla.·
2021-09-07
The court held that the state court did not unreasonably apply federal law or make unreasonable factual determinations regarding the suppression of statements and the admission of testimony challenged under the Confrontation Clause.
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The federal court denied a petition for a writ of habeas corpus, finding all claims procedurally barred or without merit under AEDPA standards.
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Fla. 2d DCA·
2021-07-16
The appellate court reviewed a conviction for second-degree murder and third-degree murder arising from a single death. The court found that convicting and sentencing on both counts violated double jeopardy because they are degree variants of the same offense. The trial court's a
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M.D. Fla.·
2021-06-30
The court held that the petitioner's federal habeas corpus claims were unexhausted and procedurally barred under AEDPA, and thus denied the petition.
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Fla. 4th DCA·
2021-06-30
Remote witness testimony via Zoom in a non-jury juvenile delinquency trial does not violate a defendant's Sixth Amendment confrontation rights when conducted during a severe public health emergency, provided the trial court implements adequate procedural safeguards including witn
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In a domestic violence offense case, the majority affirmed the conviction while Justice Warner dissented, arguing that multiple evidentiary errors—including admission of a 911 call as an excited utterance, hearsay testimony about other witnesses, and improper bolstering of the in
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M.D. Fla.·
2021-06-07
The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2021-05-24
Darrell Thornton, an inmate serving a sentence for attempted second-degree murder, battery, robbery with a deadly weapon, carjacking, and second-degree arson, filed a federal habeas corpus petition raising eight grounds for relief based on claims of ineffective assistance of tria
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Del. Super. Ct.·
2021-04-30
The Court denied the defendant's motion for postconviction relief, finding that his claims of ineffective assistance of counsel, both from his trial and appellate attorneys, were either procedurally barred, lacked merit, or failed to demonstrate the required prejudice. The Court
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Fla. 2d DCA·
2021-03-24
The appellate court reversed one conviction for possession of child pornography because the evidence used to identify the image as depicting a child was inadmissible hearsay. The court affirmed the remaining convictions.
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Del. Super. Ct.·
2021-03-19
The Court granted the defendant's motion to continue sentencing. The Court found that the Chief Justice's Emergency Order, which authorized virtual proceedings during the judicial emergency, did not invalidate the defendant's right to be physically present at sentencing under Rul
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Del.·
2021-03-01
The Delaware Supreme Court affirmed the Superior Court's denial of Ralph Swan's motion for postconviction relief and motion to recuse. The Court held that most of Swan's claims were procedurally barred under Rule 61 due to untimeliness or prior adjudication, and that the exceptio
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The appellate court affirmed a conviction for sexual battery and lewd molestation. The court found no error in the trial court's handling of the defendant's competency, the admission of "Williams Rule" evidence of other child molestation acts, or the exclusion of evidence under t
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Fla. 1st DCA·
2021-02-04
The appellate court affirmed a conviction for attempted murder, finding that while the victim's out-of-court statements to police violated the Confrontation Clause, the error was harmless. The court emphasized that the defendant's own admissions rendered the improperly admitted e
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M.D. Fla.·
2021-01-28
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred or meritless.
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13th Cir. Ct. App. Div.·
2021-01-18
Nicole Stevenson petitioned for certiorari review of the Department of Highway Safety and Motor Vehicles' decision upholding the suspension of her driver's license for refusing a breath test. The court denied her petition, finding that she received adequate due process and that c
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The court held that the petitioner's claims were procedurally defaulted and without merit, and therefore denied the petition for writ of habeas corpus.
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M.D. Fla.·
2020-08-27
Zachery Keith Turner, convicted of lewd and lascivious battery on a minor, filed a federal habeas corpus petition challenging his conviction and 15-year sentence on multiple grounds, including claims of competency-to-stand-trial error, ineffective assistance of counsel, and Crawf
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M.D. Fla.·
2020-08-20
Federal habeas relief is denied because the state court's adjudication of the claims was not contrary to or an unreasonable application of federal law, and the factual determinations were not unreasonable.
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M.D. Fla.·
2020-08-11
Jehu Ramirez challenged his Florida sexual battery conviction in federal habeas corpus proceedings, raising six grounds including ineffective assistance of trial counsel claims and procedural issues. The district court denied all six grounds, finding some procedurally defaulted f
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M.D. Fla.·
2020-08-10
Leonard Haggins challenged his conviction for robbery and burglary based on alleged trial errors and ineffective assistance of counsel in a federal habeas petition brought under 28 U.S.C. § 2254. The district court denied the petition, finding that Haggins either failed to proper
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Fla. 1st DCA·
2020-08-07
The appellate court affirmed a first-degree murder conviction, holding that the trial court did not err in admitting statements made by officers during interviews with the defendant. The court found that any potentially erroneous admissions were harmless given the defendant's con
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M.D. Fla.·
2020-07-31
Michael Wayne Shellito, a state prisoner serving life without parole for first-degree murder, sought federal habeas corpus relief challenging his conviction on three grounds: suppression of material evidence, ineffective assistance of trial counsel at the guilt phase, and absence
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Fla. 1st DCA·
2020-07-13
The appellate court affirmed a conviction for multiple felonies, including sexual battery, affirming the trial court's decision to deny a motion to sever the trial. The court held that the codefendant's statement, which implicated the appellant, was admissible as an adoptive admi
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M.D. Fla.·
2020-05-21
Gerald Carter, a Florida inmate, petitioned for federal habeas corpus relief challenging his 2011 and 2014 convictions for shooting into an occupied dwelling and attempted second-degree murder. The district court denied relief on all three grounds, finding that Carter's claims al
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M.D. Fla.·
2020-05-04
James Palmer, convicted of sexual battery and other crimes, appealed his federal habeas corpus petition challenging his conviction on multiple grounds of ineffective assistance of counsel and constitutional violations. The District Court for the Middle District of Florida denied
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The Court denied the Defendant's Motion for Postconviction Relief, finding that none of the procedural bars applied and that his claims of ineffective assistance of counsel failed under the Strickland standard. The Court determined that trial counsel's strategic decisions were re
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Del. Super. Ct.·
2020-01-13
The court denied the defendant's motion for postconviction relief, finding that his indictment was proper and that he did not receive ineffective assistance of counsel. The court granted the motion to withdraw filed by the defendant's Rule 61 Counsel.
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M.D. Fla.·
2019-10-07
# Summary
Combs sought federal habeas corpus relief challenging his convictions for sexual battery and burglary with assault or battery, claiming ineffective assistance of counsel and other constitutional violations. The court denied his petition, finding that several grounds we
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M.D. Fla.·
2019-09-27
The court held that the defendant's claims were procedurally barred or defaulted, and his claims of ineffective assistance of counsel failed to meet the required legal standard.
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278 So. 3d 337·
Fla. 3d DCA·
2019-09-04
The appellate court affirmed Kendrick Silver's convictions for first-degree murder and conspiracy to commit armed robbery. The court found no error in the trial court's admission of "Williams rule" evidence (evidence of other crimes) and hearsay by inescapable inference.
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Fla. 5th DCA·
2019-08-08
Bobbie Lee Monts appeals his felony battery conviction, challenging the admission of jail communications suggesting alibi fabrication and the trial court's limitation of cross-examination regarding the victim's deferred prosecution agreement. The court affirmed the conviction, fi
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9th Cir. Ct. App. Div.·
2019-08-06
The State of Florida appeals an order granting Kirk Reid's motion to suppress evidence obtained from his detention and arrest following a motor vehicle accident. The appellate court reverses, holding that hearsay evidence regarding witness identification of the defendant as the d
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Fla. 1st DCA·
2019-07-22
The trial court properly admitted co-conspirator hearsay statements because the State presented independent evidence of a conspiracy and did not use the statements to prove the truth of the matter asserted. The jury instruction regarding possession of recently stolen property as
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11th Cir.·
2019-07-02
Renado Smith and Richard Delancy, two Bahamian nationals, were convicted of conspiracy to commit alien smuggling, alien smuggling, and attempted illegal reentry after operating a boat that transported 21 Haitian nationals toward the United States in November 2016. The Eleventh Ci
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A trial court violates a defendant's Sixth Amendment right to confront witnesses when it restricts cross-examination of a key prosecution witness regarding the specific details of a plea agreement, including the sentence the witness would have faced absent the deal, where such in
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273 So. 3d 258·
Fla. 1st DCA·
2019-05-28
Even assuming a Miranda violation occurred during the defendant's custodial interview with a child protective investigator, the error was harmless beyond reasonable doubt because the remaining evidence was extensive, consistent, and the most damaging statements from the interview
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269 So. 3d 669·
Fla. 5th DCA·
2019-05-03
Admission of a Child Protection Team investigator's statement from a disabled adult victim violated the Confrontation Clause because the statement was testimonial and the defendant had no prior opportunity to cross-examine the declarant. The error was harmless beyond a reasonable