1,464 Florida cases classified under this topic, plus 119 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2020-09-14
The court held that the petitioner's federal habeas corpus petition was time-barred under the AEDPA's one-year statute of limitations.
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M.D. Fla.·
2020-09-10
The court held that the petitioner's claims regarding erroneous jury instructions and ineffective assistance of counsel were procedurally barred or without merit under federal habeas review standards.
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M.D. Fla.·
2020-09-02
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.·
2020-08-26
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations, as it was filed more than seven years after his judgment became final and he failed to establish entitlement to equitable tolling.
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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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S.D. Fla.·
2020-07-21
The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-06-25
The court held that the state appellate court's adjudication of the petitioner's claim regarding the suppression of eyewitness identification was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination o
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M.D. Fla.·
2020-06-23
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The court reasoned that the one-year limitations period expired before the petitioner filed his state post-conviction relie
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M.D. Fla.·
2020-06-16
The court held that the petitioner's claim regarding the information being filed in bad faith was procedurally defaulted and unexhausted, and alternatively, the information provided adequate notice. The court also held that the petitioner's sentence was a lawful enhancement as a
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M.D. Fla.·
2020-06-01
The court held that a federal habeas petition filed outside the one-year limitations period under AEDPA is dismissed unless the petitioner can establish actual innocence with new, reliable evidence or demonstrate entitlement to equitable tolling, neither of which was shown here.
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M.D. Fla.·
2020-05-28
Elliott Lewis, an inmate in Florida, sought federal habeas corpus relief from his 2013 conviction for selling oxycodone, raising claims including Brady violations, entrapment, ineffective assistance of counsel, and failure to call witnesses. The District Court for the Middle Dist
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M.D. Fla.·
2020-05-26
The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations, and the petitioner failed to establish the actual innocence exception.
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S.D. Fla.·
2020-05-22
The court adopted the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus and the motion for stay and abeyance.
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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.·
2020-05-19
Thomas Woods, an inmate in the Florida penal system, challenged his 2013 conviction for trafficking in cocaine while armed with a firearm through a federal habeas corpus petition, arguing that his trial counsel was ineffective for failing to advise him of or pursue an entrapment
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M.D. Fla.·
2020-05-07
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, and therefore, the petition for writ of habeas corpus should be denied.
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M.D. Fla.·
2020-05-04
The court held that the petitioner's claim regarding a Nelson hearing is not cognizable on federal habeas review as it is a matter of state law. The court also held that the petitioner's Faretta claim fails because his request to proceed pro se was not clear and unequivocal, and
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M.D. Fla.·
2020-04-20
The court held that the state court's denial of the petitioner's claims was neither contrary to nor an unreasonable application of federal law, and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-04-14
Taurice Brown, a Florida inmate, challenged his 2012 conviction for first-degree murder and attempted first-degree murder through a federal habeas corpus petition, raising eight grounds of ineffective assistance of trial counsel. The district court applied the highly deferential
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M.D. Fla.·
2020-04-08
Robert Meizlik, an inmate convicted in 2007 of sexual abuse offenses, sought federal habeas relief, alleging that his trial counsel and appellate counsel were ineffective and that his conviction was improperly reviewed. The court denied all claims on the merits or alternative pro
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M.D. Fla.·
2020-04-07
David Stratton, an inmate convicted of first-degree murder in 2008, filed a federal habeas petition challenging his conviction under 28 U.S.C. § 2254, raising claims of ineffective assistance of trial counsel regarding cross-examination and evidence presentation about lighting co
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M.D. Fla.·
2020-04-06
The court held that there is no constitutional right to counsel in state postconviction proceedings and that the petitioner's claim was unexhausted and procedurally defaulted.
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M.D. Fla.·
2020-03-23
The court denied the petition for writ of habeas corpus, finding that the petitioner procedurally defaulted claims and failed to demonstrate ineffective assistance of counsel under the AEDPA standard.
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The court held that a petitioner released from custody is not eligible for federal habeas corpus relief under 28 U.S.C. § 2254 unless they demonstrate continuing collateral consequences.
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952 F.3d 1251·
11th Cir.·
2020-03-05
The Eleventh Circuit denied the motion for appointment of substitute counsel and a stay of execution, finding the petitioner failed to demonstrate entitlement to either due to untimeliness, futility, and unjustified delay.
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M.D. Fla.·
2020-02-24
The court held that the petitioner's claims were either unexhausted and procedurally defaulted, or that the state court's denial of relief on the merits was not unreasonable under the applicable standards.
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M.D. Fla.·
2020-02-12
The court held that the petitioner failed to demonstrate that the state court's adjudication of his claims was contrary to or an unreasonable application of federal law, and thus denied the petition for habeas corpus relief.
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M.D. Fla.·
2020-01-27
Steve Anderson, an inmate serving a life sentence for first-degree murder and carrying a concealed firearm, sought federal habeas relief challenging his 2009 state court convictions, raising claims including judicial bias during jury selection, insufficient evidence for the firea
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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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M.D. Fla.·
2019-12-10
The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus, the petitioner is not entitled to federal habeas relief.
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M.D. Fla.·
2019-12-10
The court held that the petitioner failed to demonstrate extraordinary circumstances to reopen a federal habeas judgment based on claims of ineffective assistance of collateral counsel.
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M.D. Fla.·
2019-12-06
The federal court denied the petition for writ of habeas corpus, finding 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 t
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M.D. Fla.·
2019-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not overcome the untimeliness.
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M.D. Fla.·
2019-10-28
James Curry, an inmate convicted of armed robbery in Florida state court, filed a federal habeas petition challenging his conviction based on six grounds of ineffective assistance of trial counsel, including claims that counsel failed to raise Brady violations regarding a missing
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M.D. Fla.·
2019-10-23
Anthony Ruise, a Florida state prisoner, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his 2010 conviction for sexual battery and raising eight grounds of ineffective assistance of counsel under Strickland v. Washington. The federal district cour
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M.D. Fla.·
2019-10-17
The court held that the petitioner's claims of ineffective assistance of counsel lack merit, and he is not entitled to federal habeas relief.
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M.D. Fla.·
2019-10-17
Louis Thornton, a Florida inmate, sought federal habeas relief challenging his 2011 conviction for aggravated battery and firearm possession based on alleged ineffective assistance of trial counsel and other constitutional claims, which the court denied as either improper state l
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M.D. Fla.·
2019-10-16
The court held that the petitioner's claim of improper prosecutorial comments was not cognizable in federal habeas corpus because it alleged violations of state law, not federal law, and was conclusory. The court also found substantial evidence of guilt, precluding relief even if
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M.D. Fla.·
2019-10-10
The court found that the petitioner had exhausted his claim of ineffective assistance of counsel by challenging the state trial court's ruling on the merits during his state appeal, thus allowing federal review.
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M.D. Fla.·
2019-10-10
The Court denies Petitioner's request for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2019-09-30
The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to demonstrate actual innocence to overcome the procedural bar.
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M.D. Fla.·
2019-09-23
Terry Ragland was convicted of second-degree murder and attempted armed robbery in the 2010 murder of a robbery victim. The federal district court denied Ragland's habeas petition challenging his conviction on grounds of ineffective assistance of trial counsel, finding that each
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Appellant appealed the denial of a 3.800(a) motion to correct an illegal sentence after one of his two attempted robbery convictions was vacated due to a double jeopardy violation. The court reversed, holding that Appellant had an absolute right to be resentenced with a corrected
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M.D. Fla.·
2019-09-06
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2019-08-15
The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
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M.D. Fla.·
2019-08-13
The court held that the petitioner's federal habeas corpus petition was filed outside the one-year statute of limitations and was therefore dismissed as time-barred.
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Del. Super. Ct.·
2017-08-07
The court denied the defendant's motion for postconviction relief, finding it to be time-barred and otherwise procedurally barred. The court also determined that the claims raised were without merit.
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141 So. 3d 621·
Fla. 3d DCA·
2014-06-04
Tavarence Wiggins appeals the denial of his post-conviction motion for relief based on disparate treatment compared to four co-conspirators who received reduced sentences after successful appeals of their RICO conspiracy convictions. The court affirms the denial, holding that whi
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1992 WL 157280·
S.D. Fla.·
2013-12-27
The court found that the complaint sufficiently alleged false or misleading statements, materiality, and scienter to survive a motion to dismiss for the securities fraud claims.