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S.D. Fla.·
2022-11-10
The federal habeas petition is dismissed as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no exceptions apply.
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M.D. Fla.·
2022-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling, nor did it present a claim of actual innocence sufficient to overcome the time bar.
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Fla. 3d DCA·
2022-10-06
A surety's representatives may be held liable in equity for repayment of borrowed money upon the surety's death during the life of the principal obligor, notwithstanding the common law rule that joint obligations are discharged by the death of one obligor, because equity supplies
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M.D. Fla.·
2022-09-26
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling.
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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.·
2022-09-23
The court held that the petitioner's motion under 28 U.S.C. § 2255 was untimely and failed to establish grounds for equitable tolling.
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M.D. Fla.·
2022-09-15
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.·
2022-08-31
The court granted the petition for attorney fees under 42 U.S.C. § 406(b), finding the requested amount reasonable despite a high de facto hourly rate.
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M.D. Fla.·
2022-08-15
The court held that the petitioner's habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and no exceptions applied to excuse the delay.
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M.D. Fla.·
2022-08-04
The court held that the Federal Tort Claims Act (FTCA) provides the exclusive remedy for medical malpractice claims against PHS employees and contractors, and the United States is properly substituted as the defendant. The court also found the arbitration agreement with Women's C
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M.D. Fla.·
2022-08-02
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations because his state postconviction motion was not properly filed and therefore did not toll the limitations period.
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M.D. Fla.·
2022-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed outside the one-year statute of limitations established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2022-07-14
The court held that the petitioner's claims were either not cognizable under § 2255 or were untimely filed, and therefore dismissed his motion to vacate his sentence.
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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.·
2022-07-01
The court held that the movant's motion to vacate his conviction and sentence under 28 U.S.C. § 2255 was barred by the one-year statute of limitations. The court found that neither the alternative trigger dates nor equitable tolling could render the motion timely.
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S.D. Fla.·
2022-06-27
The court held that the plaintiff failed to state a claim for malicious prosecution, defamation, fraud, retaliation under the Florida Whistleblower Act, or invasion of privacy.
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M.D. Fla.·
2022-06-21
The court held that the petitioner demonstrated excusable neglect and good cause for an extension of time to file a notice of appeal.
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M.D. Fla.·
2022-06-15
The court held that the plaintiff failed to exhaust administrative remedies for her remaining racial discrimination claim regarding the HBPC program, and therefore, the claim is dismissed.
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S.D. Fla.·
2022-06-10
The court held that the plaintiff's federal claims were time-barred because she failed to file her complaint within the 90-day period after receiving her right-to-sue letter, and equitable tolling was not warranted.
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S.D. Fla.·
2022-06-06
The court held that a motion to vacate under 28 U.S.C. § 2255 is only cognizable if it seeks release from custody, and challenges to forfeiture or restitution are not sufficient. Furthermore, the court held that the petitioner's prior filings did not relate back to the current mo
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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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Del. Ch.·
2022-06-02
The Court denied in part and granted in part the Defendants' motion to dismiss. The Court found that the claim for breach of contract regarding distributions for tax years 2014-2016 could proceed due to equitable tolling, and the claim for distributions in 2017-2018 survived due
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M.D. Fla.·
2022-05-23
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and neither equitable tolling nor actual innocence provided a basis for review.
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S.D. Fla.·
2022-05-06
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the petitioner's state court conviction became final, and the postconviction motion did not toll the limitations period.
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Fla. 4th DCA·
2022-05-04
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M.D. Fla.·
2022-04-29
The court held that a pro se prisoner's habeas corpus petition was untimely because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2022-04-20
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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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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M.D. Fla.·
2022-04-12
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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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.·
2022-04-06
The court held that the plaintiff's proposed new claims against new defendants were untimely because they did not relate back to the original complaint and were not subject to equitable tolling or delayed accrual.
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M.D. Fla.·
2022-04-06
The court held that the petitioner's motion to vacate his sentence under 28 U.S.C. § 2255 is denied because his guilty pleas were voluntary, knowing, and intelligent, and the federal court had proper jurisdiction.
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N.D. Fla.·
2022-04-06
The court held that a petitioner cannot establish actual innocence based solely on the insufficiency of the evidence presented at trial, without new evidence.
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M.D. Fla.·
2022-03-24
A federal habeas petition filed more than six years after a conviction became final is time-barred under 28 U.S.C. § 2244(d)(1)(A) unless the petitioner demonstrates entitlement to statutory or equitable tolling, which Carter failed to do. A freestanding claim of actual innocence
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S.D. Fla.·
2022-03-24
The court held that the plaintiff's claims were legally insufficient and factually baseless, warranting dismissal.
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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.·
2022-03-16
The court held that individual defendants cannot be sued under Title VII and that the plaintiff's claims were untimely filed after the 90-day window from receiving the right-to-sue letter.
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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.·
2022-03-04
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year statute of limitations and that he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2022-02-03
The court held that the plaintiff's Truth in Lending Act claim was time-barred and failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2022-02-02
The federal habeas petition is untimely and dismissed because the petitioner failed to demonstrate entitlement to equitable tolling or the fundamental miscarriage of justice exception.
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M.D. Fla.·
2022-01-27
Dennis McCloud's federal habeas petition challenging his 2010 Florida convictions for sexual battery and lewd and lascivious conduct was largely denied on procedural and substantive grounds. The court found the petition untimely as to one case because McCloud failed to file the r
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M.D. Fla.·
2022-01-24
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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Del. Super. Ct.·
2022-01-14
The Court held that the plaintiffs' breach of contract claim was barred by the statute of limitations. The convertible debentures at issue were not promissory notes, thus falling under the three-year statute of limitations for breach of contract, not the six-year statute for prom
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M.D. Fla.·
2022-01-03
The court held that the petitioner's habeas corpus petition was untimely filed and not eligible for equitable tolling.
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M.D. Fla.·
2021-12-29
A state inmate convicted of second-degree murder challenged his guilty plea on federal habeas review, raising multiple claims of ineffective assistance of counsel, including allegations that his counsel failed to adequately explain evidence, pursue an alibi defense, and advise hi
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M.D. Fla.·
2021-12-27
The court held that the petitioner's habeas corpus petition was untimely filed and that his claims of actual innocence were not supported by sufficient new evidence to overcome the statute of limitations.
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S.D. Fla.·
2021-12-22
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2021-12-17
The petition for a writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to demonstrate entitlement to equitable tolling or establish a credible claim of actual innocence.