Exhaustion Of State Remedies

3,028 Florida cases classified under this topic · sorted by citation count · browse and sort

• Walden v. Fla. Dep't of Corr.
  90 F. Supp. 50· N.D. Fla.· 1996-06-24 ·cited 1×
• Belvedere Mil. Corp. v. Cnty. of Palm Beach
  845 F. Supp. 877· S.D. Fla.· 1994-03-01 ·cited 1×
  A federal court lacks jurisdiction over a Fifth Amendment takings claim until the plaintiff has pursued compensation through state remedies, even for physical takings.
• McMurtry v. City of Largo
  837 F. Supp. 1155· M.D. Fla.· 1993-11-10 ·cited 1×
  The court held that the Soldiers' and Sailors' Civil Relief Act does not provide a private cause of action, and the plaintiff failed to exhaust state remedies for his § 1983 claim.
• Minerva v. Singletary
  830 F. Supp. 1426· M.D. Fla.· 1993-08-23 ·cited 1×
  The Capital Collateral Representative (CCR) lacks standing to file a habeas corpus petition on behalf of an inmate who has knowingly and voluntarily waived his right to collateral counsel and further proceedings.
• Pruett v. Thompson
  996 F.2d 1560· 4th Cir.· 1993-05-25 ·cited 1×
  The court affirmed the denial of the habeas corpus petition, finding that Pruett's claims were procedurally defaulted and did not meet the exceptions for cause and prejudice or actual innocence.
• Linnen v. Troopers John Armainis
  991 F.2d 1102· 3d Cir.· 1993-04-09 ·cited 1×
  A guilty plea does not automatically preclude a subsequent § 1983 claim challenging the legality of a search and seizure, and a stay is appropriate pending resolution of a related state post-conviction appeal.
• Tedford v. Hepting
  990 F.2d 745· 3d Cir.· 1993-03-31 ·cited 1×
  A federal court cannot grant relief under § 1983 for alleged transcript inaccuracies affecting a criminal conviction unless the conviction itself has been successfully challenged, as such claims are premature and essentially constitute a collateral attack on the conviction.
• Toulson v. Beyer
  987 F.2d 984· 3d Cir.· 1993-03-12 ·cited 1×
  The court held that the district court erred in finding unexhausted claims procedurally defaulted under state law, and should have dismissed the entire petition without prejudice for failure to exhaust state remedies.
• Adams v. R.S. Peterson
  939 F.2d 1369· 9th Cir.· 1991-07-30 ·cited 1×
  The dissent argues that the defendant's stipulation to facts mirroring the indictment constituted a de facto guilty plea, requiring the protections of Boykin v. Alabama, which were not afforded.
• United States v. Castor
  937 F.2d 293· 7th Cir.· 1991-06-04 ·cited 1×
  The court affirmed convictions for extortion and firearms possession, holding that the defendant's procedural challenges lacked merit and that the trial court did not abuse its discretion in evidentiary rulings or jury instructions.
• Rodriguez v. Hoke
  928 F.2d 534· 2d Cir.· 1991-03-15 ·cited 1×
  The court held that the petitioner failed to exhaust available state court remedies for all claims raised in his habeas corpus petition.
• Woods v. Dugger
  711 F. Supp. 586· M.D. Fla.· 1989-04-14 ·cited 1×
  The court denied the petition for a writ of habeas corpus, finding no constitutional violations regarding jury intimidation, discriminatory peremptory challenges, denial of continuances, execution of an eighteen-year-old, transcript errors, or the Hitchcock claim.
• Ordaz-Machado v. Rivkind
  563 F. Supp. 267· S.D. Fla.· 1987-09-21 ·cited 1×
  The court held that a federal habeas corpus petition cannot collaterally attack a state conviction without exhausting state remedies, and that an excludable alien's parole revocation based on a narcotics conviction is permissible and does not violate constitutional or statutory r
• Dean v. Smith
  753 F.2d 239· 2d Cir.· 1985-01-16 ·cited 1×
  The court held that a mixed habeas petition containing exhausted and unexhausted claims must be dismissed in its entirety, and the petitioner's third claim was not sufficiently exhausted.
• Horowitz v. Louie L. Wainwright
  709 F.2d 1403· 11th Cir.· 1983-07-18 ·cited 1×
  The court held that federal habeas corpus petitions containing both exhausted and unexhausted claims must be dismissed unless the unexhausted claims are deleted.
• Clark v. Louie L. Wainwright
  701 F.2d 895· 11th Cir.· 1983-03-28 ·cited 1×
  The court held that the district court erred by failing to address the state procedural default doctrine (Wainwright v. Sykes) before granting the petition for writ of habeas corpus.
• Arnold v. Duval Cnty. Sch. Bd.
  549 F. Supp. 25· M.D. Fla.· 1981-12-10 ·cited 1×
  The court held that the plaintiff's action was barred by the two-year statute of limitations because she failed to timely pursue available state remedies.
• King v. Sheriff, Joe Adams
  410 F.2d 455· 5th Cir.· 1969-04-28 ·cited 1×
  Federal courts will not interfere with state criminal law administration absent extraordinary circumstances.
• Ruark v. Tinsley
  350 F.2d 315· 10th Cir.· 1965-08-03 ·cited 1×
  The court held that the lower court properly denied the application for a writ of habeas corpus because the petitioners had not exhausted their state remedies under Rule 35(b) of the Colorado Rules of Criminal Procedure.
• Atkins v. Moore
  218 F.2d 637· 5th Cir.· 1955-01-20 ·cited 1×
  The court held that if the petitioner's allegations of inadequate counsel in a capital case are proven, he has been deprived of liberty without due process of law.
• Wells Fargo Bank, N.A. v. Miles Christian-Hart
  M.D. Fla.· 2026-01-14
  The court held that the defendant's notice of removal was improper because the underlying state court mortgage foreclosure action did not present a federal question and all state court remedies had been exhausted.
• Best v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2026-01-12
  The court held that the petitioner's claims were procedurally defaulted and barred from federal habeas review because he failed to properly exhaust state remedies by presenting the federal nature of his claims to the state courts.
• Pollard v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2026-01-12
  The court held that the petitioner's federal habeas corpus petition was untimely filed and that his double jeopardy claim was waived by his negotiated plea and lacked factual support.
• Danzey v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2026-01-09
  The court held that the petitioner is entitled to no relief because his claims are either procedurally barred or lack merit under AEDPA review.
• Galimore v. Warden, Lee Cnty. Jail
  M.D. Fla.· 2026-01-06
  The court held that a federal habeas petition filed by a pretrial detainee must be dismissed if state remedies are unexhausted and Younger abstention applies due to ongoing state criminal proceedings.
• Manhard v. Dixon
  N.D. Fla.· 2026-01-05
  The court held that the petitioner is not entitled to federal habeas relief because his claims are either unexhausted, procedurally defaulted, or the state court reasonably applied federal law.
• Perez-Diaz v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-12-29
  The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either not cognizable, waived by his guilty plea, or failed to meet the stringent standards for relief under AEDPA.
• Graham v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-12-17
  The court held that Grounds One through Three are procedurally barred due to failure to exhaust state remedies and failure to "federalize" the claims. Ground Four, alleging ineffective assistance of counsel, was not granted as the applicant failed to show the state court's decisi
• Jansen v. State
  S.D. Fla.· 2025-12-09
  The court held that it lacked jurisdiction to consider the petition for a writ of habeas corpus because the petitioner's state conviction appeal was still pending and he was not 'in custody' pursuant to a state court judgment at the time of filing.
• Taurezs Bullock v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-12-03
  The court held that the petitioner failed to demonstrate prejudice from an erroneous jury instruction and that his other claims were procedurally defaulted or lacked merit under AEDPA standards.
• Miller v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-12-01
  The court held that the state court's denial of habeas relief was not contrary to federal law or an unreasonable determination of facts, and thus denied the petition.
• Pina v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-11-25
  The court held that a stay of habeas corpus proceedings is not warranted when the petitioner has not demonstrated that a stay would serve any purpose other than delay, which is contrary to the AEDPA's goals.
• Pitts v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2025-11-21
  The court held that the petitioner's habeas corpus petition was untimely and procedurally barred, and that his claims were not cognizable on federal habeas review.
• Brumbaugh v. Fitzgeorge
  M.D. Fla.· 2025-11-13
  A public defender is not a state actor for purposes of a § 1983 claim, and federal courts must abstain from interfering in ongoing state criminal proceedings.
• Taylor v. State
  N.D. Fla.· 2025-11-05
  The court held that the petitioner's federal habeas claim was unexhausted and procedurally defaulted because he failed to present it to the state courts and it appeared to be based on state law.
• Hanney v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2025-09-25
  Christopher Hanney filed a federal habeas corpus petition challenging his state convictions for attempted murder, arson, and aggravated battery, stemming from an attack on his ex-wife during a contested divorce. The court denied his petition, finding that several ineffective assi
• Dalrymple v. Sec'y, Dep't of Corr. (Sarasota)
  M.D. Fla.· 2025-09-16
  The court held that the petitioner's claims were waived by his guilty plea and, alternatively, that the claims lacked merit and were procedurally barred. A certificate of appealability was denied.
• Southern v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-09-16
  Charles Southern, convicted as a juvenile of second-degree murder at age seventeen, petitioned for federal habeas corpus relief challenging his life sentence, arguing his resentencing counsel provided ineffective assistance and the trial court lacked jurisdiction to resentence hi
• Simmons v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-09-15
  Anthony Lamar Simmons, an inmate challenging his conviction for attempted second-degree murder and attempted armed robbery, sought federal habeas relief on claims of ineffective assistance of trial counsel. The Middle District of Florida rejected all four grounds, holding that th
• Lee v. Sec'y, Fla. Dep't of Corr. (Baker County)
  M.D. Fla.· 2025-09-12
  Michael Jerome Lee, an inmate in Florida's penal system, sought federal habeas corpus relief from three 2018 state court convictions for fleeing to elude police, aggravated assault on a law enforcement officer, and driving with a revoked license, raising claims of ineffective ass
• Mesadieu v. Waters
  M.D. Fla.· 2025-09-09
  The court adopted the Magistrate Judge's recommendation to dismiss the complaint with prejudice, finding that federal courts lack jurisdiction over state family court proceedings.
• Smith v. State
  M.D. Fla.· 2025-09-09
  The court held that the petition for injunctive relief must be dismissed without prejudice because the petitioner failed to exhaust state remedies and the court must abstain from interfering with ongoing state proceedings.
• Tyler v. Sec'y, Dep't of Corr. (Desoto)
  M.D. Fla.· 2025-09-09
  Earon Tyler, convicted of murder and attempted robbery in 1995, sought federal habeas relief on thirteen claims of ineffective assistance of trial counsel, most of which were not exhausted in state court. The court found that Tyler failed to establish the requisite Strickland pre
• Hightower v. Secretary, Ricky D. Dixon
  S.D. Fla.· 2025-09-09
  Timothy Hightower, a state prisoner convicted of cocaine trafficking offenses within 1,000 feet of a church, sought federal habeas relief challenging his conviction on grounds that the trial court improperly denied severance of separate charges, that a detective's testimony regar
• Church v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2025-09-02
  The court denied the habeas petition because the claims were unexhausted, procedurally defaulted, or failed on the merits.
• Sanchez v. State
  S.D. Fla.· 2025-08-31
  The court denied the petition for writ of habeas corpus, finding most claims unexhausted or procedurally barred, and others without merit or jurisdiction.
• Mellard v. Fla. Dep't of Corr.
  S.D. Fla.· 2025-08-27
  The District Court affirmed and adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Petition for Writ of Habeas Corpus and a certificate of appealability.
• Parker v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2025-08-26
  The court denied the petition for a writ of habeas corpus, finding no merit in the petitioner's claims regarding hearsay, sentencing, ineffective assistance of counsel, judicial bias, or opening the door to harmful testimony.
• Weddington, II v. Sec'y Dep't of Corr. (Nassau County)
  M.D. Fla.· 2025-08-20
  Jeffrey Allen Weddington II, incarcerated in the Florida penal system, sought federal habeas corpus relief challenging his 2017 state court conviction for sexual battery, domestic felony battery, and false imprisonment, but the federal district court denied relief on all four gro
• Abdallah v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-08-18
  The court held that the petitioner's trial counsel was not ineffective for failing to submit a written special jury instruction, as the standard instruction was sufficient and counsel's oral request was considered.