4,117 Florida cases classified under this topic, plus 4,089 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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The petition for writ of habeas corpus was dismissed.
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A petition for writ of mandamus is denied when the circuit court has already directed a response and scheduled an evidentiary hearing on the underlying habeas corpus petition.
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Fla. 3d DCA·
2026-07-08
A petition for habeas corpus cannot circumvent the two-year filing deadline for post-conviction motions under Florida Rule of Criminal Procedure 3.850, and habeas corpus proceedings may not be used to raise issues previously addressed on direct appeal or in prior post-conviction
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Fla. 3d DCA·
2026-07-08
Habeas corpus petitions containing mixed claims of sentencing errors and ineffective assistance of counsel must be bifurcated, with sentencing claims adjudicated under Rule 3.800(a) and ineffective assistance claims considered under Rule 3.850.
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Fla.·
2026-07-08
The circuit court properly summarily denied Duckett's fifth successive postconviction motion because the DNA testing results were inconclusive and therefore did not constitute newly discovered evidence that would probably produce an acquittal on retrial, and Florida does not reco
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Fla.·
2026-07-01
Section 925.11, Florida Statutes, and Florida Rule of Criminal Procedure 3.853 do not contemplate an evidentiary hearing after DNA testing results have been provided to the court, defendant, and prosecuting authority, and therefore the circuit court's order denying such a hearing
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Fla. 3d DCA·
2026-07-01
Appellate counsel cannot be deemed ineffective for failing to raise a claim that would not have changed the result, and any error in failing to submit habitual felony offender factors to a jury constitutes harmless error beyond a reasonable doubt.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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Fla.·
2026-06-11
A pro se defendant cannot later complain of ineffective assistance of standby counsel, even if standby counsel was present during trial. Postconviction claims that could have been raised on direct appeal are procedurally barred from collateral review. A Brady violation claim is i
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The petition for writ of habeas corpus was dismissed.
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Fla. 4th DCA·
2026-06-04
The trial court properly denied the petition for writ of habeas corpus.
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The circuit court properly summarily denied Lukehart's successive postconviction motion because his as-applied Eighth Amendment challenge to Florida's lethal injection protocol was untimely and meritless, his facial challenge was meritless as the protocol had been previously uphe
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Fla. 5th DCA·
2026-05-22
A pro se litigant who engages in abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from filing further pro se petitions concerning that case.
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Fla. 1st DCA·
2026-05-20
A criminal defendant cannot proceed pro se while represented by counsel.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-05-19
The trial court's judgment was affirmed.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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A habeas corpus petition alleging ineffective assistance of appellate counsel is subject to the standards established in Baker v. State.
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Fla.·
2026-04-30
When a court grants a motion for postconviction DNA testing under section 925.11 and Florida Rule of Criminal Procedure 3.853, the "results" that must be provided to the defendant include the underlying testing data necessary for statistical analysis by a qualified expert, not me
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The petition for writ of habeas corpus is dismissed.
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Fla. 3d DCA·
2026-04-08
Appellate counsel cannot be deemed ineffective for failing to raise an argument based on precedent that the Florida Supreme Court had already receded from, as such an argument would have been meritless.
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The petition for writ of habeas corpus was dismissed.
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Calvin Williams challenges his pretrial detention order, arguing the trial court improperly applied a "light most favorable to the State" standard when evaluating evidence at the detention hearing. The court holds that neither Florida's pretrial detention statute nor criminal pro
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Fla.·
2026-03-12
Rule 9.710(b) is amended to exclude petitions filed under rule 9.100(c)(2) from the prohibition against referring extraordinary writ matters to appellate mediation.
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Fla.·
2026-03-10
Michael L. King appeals the circuit court's denial of his successive postconviction motion filed after Governor DeSantis signed his death warrant. King raises challenges to the denial of records related to lethal injection procedures and claims that newly discovered evidence rega
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The court affirmed the denial of the postconviction motion and denied the petition for writ of habeas corpus, finding no ineffective assistance of counsel or abuse of discretion by the lower court.
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The court affirmed the denial of postconviction relief, denied the habeas petition, and denied motions for a stay of execution.
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Melvin Trotter, under a death sentence for a 1986 murder, challenged his execution on the grounds that lethal injection procedures were not properly followed and that executing a 65-year-old violates the Eighth Amendment's prohibition on cruel and unusual punishment. The Florida
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11th Cir.·
2026-02-13
The Eleventh Circuit affirmed the denial of the habeas petition, finding that the state court's determination that the petitioner was not prejudiced by any error was a merits adjudication subject to AEDPA deference.
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S.D. Fla.·
2026-02-12
The court denied the motion for reconsideration because the petitioner failed to present new evidence or demonstrate manifest error of law or fact, and the petitioner's arguments regarding futility and post-filing exhaustion were unpersuasive.
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The trial court properly denied the petition for writ of habeas corpus.
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A petitioner who engages in abusive, repetitive, malicious, or frivolous pro se filings attacking his judgment and sentence may be prohibited from future pro se filings in the appellate court.
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A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be prohibited from filing further pro se petitions in the appellate court.
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The court held that 8 U.S.C. § 1252(g) deprives federal courts of subject matter jurisdiction over claims arising from the Attorney General's decision to commence removal proceedings against an alien.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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The petition for writ of habeas corpus was dismissed.
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A litigant who engages in repetitive and frivolous pro se filings attacking the same conviction may be prohibited from filing further pro se pleadings in that matter without attorney review and signature.
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Jeffrey Blackshare appealed the denial of his habeas corpus petition, arguing that Florida Statutes section 775.082(1) is self-executing and requires immediate release upon parole eligibility. The Third District Court of Appeal affirmed the trial court's denial, holding that paro
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The petition for writ of habeas corpus was dismissed.
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Benito Santiago sought a writ of habeas corpus to challenge his 2012 first-degree murder conviction, claiming manifest injustice. The Florida District Court of Appeal, Third District, denied the petition, finding that Santiago's case did not fall within the narrow exception for h
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M.D. Fla.·
2026-01-20
The court held that it lacked jurisdiction to stay removal orders under 8 U.S.C. § 1252(g) and that an order preventing transfer or compelling the government to 'obey the law' was either unnecessary or beyond its power.
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The court held that it lacks subject matter jurisdiction to hear the petition for a writ of habeas corpus because it is barred by 8 U.S.C. § 1252(g), which divests courts of jurisdiction over claims arising from the Attorney General's decisions to commence proceedings, adjudicate
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M.D. Fla.·
2026-01-16
The court held that it lacks jurisdiction to grant a stay of removal under 8 U.S.C. § 1252(g), even when invoked with the All Writs Act, as the statute specifically divests district courts of such power.
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M.D. Fla.·
2026-01-16
A federal district court lacks jurisdiction to grant a stay of removal, as this power is expressly withdrawn by statute.