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M.D. Fla.·
2022-06-21
The court held that Beiler's claims were procedurally defaulted and that he failed to establish cause or prejudice to overcome the default. His claim regarding ineffective assistance of counsel for failing to strike the jury panel was also denied.
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S.D. Fla.·
2022-06-14
Esdras Cardona's federal habeas petition challenging his 2007 Florida conviction for sexual battery and burglary was dismissed in part and denied in part because his claim about inadequate hearings on newly discovered evidence raised only state law issues and his remaining ineffe
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S.D. Fla.·
2022-06-10
The court held that Ground One of the habeas petition is procedurally defaulted due to failure to exhaust federal claims in state court, and Ground Two is denied because the state court's finding of harmless error was not an unreasonable application of federal law.
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S.D. Fla.·
2022-06-07
Tyshon Renford's federal habeas petition challenging his Florida state-court conviction for armed kidnapping, robbery with a firearm, and armed carjacking was dismissed as to one claim for failure to exhaust state remedies and denied as to two remaining claims on the merits. The
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M.D. Fla.·
2022-06-07
Isaac Wilder, convicted in Florida state court of first-degree murder and attempted second-degree murder in 2011, filed a federal habeas corpus petition challenging his conviction based on claims of actual innocence and ineffective assistance of trial counsel, all of which the co
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S.D. Fla.·
2022-06-06
The court held that a pro se habeas petition must be dismissed without prejudice because it contains unexhausted claims and the petitioner failed to pay the filing fee or submit a sufficient motion to proceed in forma pauperis.
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M.D. Fla.·
2022-06-03
William St. Claire sought federal habeas relief under 28 U.S.C. § 2254, claiming constitutional violations at his trial for aggravated assault with a firearm, including denial of funds for a communications expert, improper exclusion of evidence regarding his reasons for visiting
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M.D. Fla.·
2022-06-01
The court denied the petition for a writ of habeas corpus, finding that the state court's decision denying relief was not contrary to or an unreasonable application of federal law and was not based on an unreasonable determination of facts.
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S.D. Fla.·
2022-05-23
The court held that the State of Florida is immune from suit under 42 U.S.C. § 1983, and the plaintiff's claims for injunctive relief and damages are not cognizable under § 1983.
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M.D. Fla.·
2022-05-20
Christopher Dean Thomas challenged a 2010 Duval County conviction for four counts of armed robbery through a federal habeas petition, raising claims of ineffective assistance of trial counsel, Brady violations, and newly discovered evidence. The federal district court denied the
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M.D. Fla.·
2022-05-19
The court denied the petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2022-05-03
Theodore Moss, a Florida inmate convicted of first-degree murder and armed burglary in 2013, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising nine grounds for relief including jury instruction errors and claims of ineffective assistance of counsel. The
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M.D. Fla.·
2022-05-03
The court held that a federal district court cannot grant a § 2241 petition unless the petitioner has exhausted all available state remedies.
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M.D. Fla.·
2022-05-03
Tyrone Campbell, convicted of second-degree murder in Florida, filed a federal habeas petition raising eight ineffective assistance of counsel claims under the Antiterrorism Effective Death Penalty Act. The district court found all claims either procedurally defaulted or lacking
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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.·
2022-04-28
Clifton Brooks, a Florida inmate convicted in 2013 of sexual battery and lewd or lascivious molestation, filed a federal habeas corpus petition challenging his convictions on six grounds, including claims regarding defective charging documents, denial of speedy trial rights, inef
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M.D. Fla.·
2022-04-25
The court held that Petitioner's claims were procedurally defaulted and barred from federal habeas review because he failed to raise them properly in state court and did not demonstrate cause, prejudice, or a fundamental miscarriage of justice.
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S.D. Fla.·
2022-04-21
The court held that the petitioner's claims were procedurally defaulted or that the state court's denial of relief was entitled to deference under AEDPA.
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M.D. Fla.·
2022-04-18
The court held that the state court's denial of the petitioner's claim regarding ineffective assistance of counsel for failing to present photographs of bruises was not contrary to federal law and was not based on an unreasonable determination of facts.
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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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M.D. Fla.·
2022-04-05
The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law and denied habeas relief.
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M.D. Fla.·
2022-03-31
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred due to failure to exhaust state remedies.
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M.D. Fla.·
2022-03-25
Jesus Lozoya, a Florida prisoner convicted of kidnapping, battery, and other charges related to a 2009 attack, filed a federal habeas petition claiming his trial counsel provided ineffective assistance by failing to cross-examine a key witness about potential credibility issues a
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M.D. Fla.·
2022-03-24
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
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.·
2022-03-17
Desir challenged his conviction for attempted murder with a firearm and aggravated battery by filing a federal habeas petition asserting six grounds for relief, primarily ineffective assistance of counsel claims related to jury selection, charging documents, speedy trial waiver,
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M.D. Fla.·
2022-03-08
The Court denies the petition for a writ of habeas corpus and a certificate of appealability, finding that the petitioner's claims were either procedurally barred, failed to meet the AEDPA's deferential standard of review, or were not cognizable on federal habeas.
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M.D. Fla.·
2022-02-22
The federal court denied the habeas petition, finding that the state court's procedural bar based on untimeliness was an independent and adequate state law ground, and the petitioner failed to overcome this bar.
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M.D. Fla.·
2022-02-17
The court held that the petitioner's claims regarding his second conditional release and the extension of his sentence expiration date were without merit under state law, and thus not grounds for federal habeas relief.
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M.D. Fla.·
2022-02-16
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to federal law and thus denied federal habeas relief.
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M.D. Fla.·
2022-02-14
The court held that the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-01-31
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred or meritless.
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S.D. Fla.·
2022-01-31
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, did not meet the required legal standards.
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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.·
2022-01-27
The court held that Zink waived his claims by pleading guilty and that his statements were admissible under Miranda, as his reference to a lawyer was equivocal and he impliedly waived his rights.
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M.D. Fla.·
2022-01-27
The court held that the state court's denial of the petitioner's claims was not contrary to federal law and was based on a reasonable determination of the facts, thus denying habeas relief.
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M.D. Fla.·
2022-01-26
Kevin Jerome Scott, a death row inmate whose sentence was later reduced to life imprisonment, sought federal habeas corpus relief challenging his 2009 conviction for first-degree murder, attempted armed robbery, and aggravated battery, raising four claims of ineffective assistanc
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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 the petitioner's claims of ineffective assistance of counsel and trial court error were unexhausted and procedurally barred, and otherwise without merit.
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M.D. Fla.·
2022-01-20
The court held that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and that the decision not to challenge the familial/custodial authority charge was sound trial strategy.
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M.D. Fla.·
2022-01-13
Antonio Garrett, convicted of first-degree murder in a 2013 shooting death, sought federal habeas relief challenging a jury instruction that conditioned his self-defense claim on a duty to retreat based on his status as a felon in illegal possession of a firearm. The federal cour
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M.D. Fla.·
2022-01-03
The court held that the petitioner sufficiently exhausted his claim of ineffective assistance of counsel regarding a motion to suppress, and that the state postconviction court's denial of this claim was not contrary to or an unreasonable application of federal law.
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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.·
2021-12-01
Royce W. Cook pleaded guilty to two counts of attempted capital sexual battery and four counts of sexual battery in exchange for a negotiated 25-year sentence. On federal habeas review, Cook challenged his conviction by asserting ineffective assistance of counsel claims, includin
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M.D. Fla.·
2021-11-24
The court held that the petitioner's claim in Ground One is unexhausted because he voluntarily dismissed his appeal, and even if exhausted, the claim is meritless as counsel's actions were not deficient.
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S.D. Fla.·
2021-10-26
The court held that the petitioner failed to establish ineffective assistance of counsel on any of his claims and denied his petition for a writ of habeas corpus.
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N.D. Fla.·
2021-09-30
Wilmario Devondric Trueblood challenged his 2014 Florida convictions for burglary and grand theft in a federal habeas corpus petition under 28 U.S.C. § 2254, raising claims regarding competency to stand trial, judicial impartiality, and denial of a second expert mental evaluation
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M.D. Fla.·
2021-09-29
Federal habeas relief is available only for constitutional violations, not state law errors, and claims not properly presented to state courts are procedurally barred unless cause and prejudice or manifest injustice is shown.
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S.D. Fla.·
2021-09-28
The district court affirmed the magistrate judge's report, denying the petitioner's federal habeas petition and finding no substantial showing of the denial of a constitutional right for appeal.
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M.D. Fla.·
2021-09-27
A federal district court denied Joel Diaz's habeas corpus petition challenging his murder conviction, finding that his penalty-phase claims were moot after his resentencing to life imprisonment in 2017, while his guilt-phase claims of ineffective assistance of counsel and juror m