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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M.D. Fla.·
2025-11-25
The court denied the petitioner's motion for clarification of service requirements, stating it would not serve the additional respondents named.
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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.
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S.D. Fla.·
2025-11-20
The court held that Petitioner's detention is governed by 8 U.S.C. § 1226(a), entitling him to an individualized bond hearing, and that administrative exhaustion is excused due to futility.
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M.D. Fla.·
2025-11-20
The court has not yet issued a holding on the merits of the petition.
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M.D. Fla.·
2025-11-19
A noncitizen detained under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release.
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M.D. Fla.·
2025-11-19
The court held that the habeas application challenging the 2023 judgment is time-barred and the applicant is no longer in custody, and the challenge to the 2025 judgment is premature because it is still pending state appeal.
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M.D. Fla.·
2025-11-18
The court held that the petitioner's habeas corpus petition was untimely filed and therefore dismissed with prejudice.
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N.D. Fla.·
2025-11-17
The court recommended that the petition for writ of habeas corpus be transferred to the Middle District of Florida.
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M.D. Fla.·
2025-11-17
The court held that the petitioner's federal habeas corpus petition was timely filed because the one-year limitations period was tolled by his state post-conviction proceedings.
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M.D. Fla.·
2025-11-17
The court recommended that the petition for writ of habeas corpus be transferred to the Middle District of Florida.
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The court held that the petitioner's claims were waived by his nolo contendere plea or lacked merit and factual support, thus denying his petition for writ of habeas corpus.
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The trial court properly denied the petition for writ of habeas corpus.
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A petitioner filed an emergency petition for habeas corpus or injunction on behalf of a patient, but the case was rendered moot when the patient died before the court could rule on the merits. The magistrate judge recommended dismissal as moot.
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M.D. Fla.·
2025-11-14
An alien detained under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release.
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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.
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M.D. Fla.·
2025-11-12
The court denied the motion for a temporary restraining order because the movant failed to satisfy the procedural requirements, specifically regarding notice to the opposing party.
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A written plea of not guilty filed by counsel waives a defendant's presence at arraignment and the arraignment proceeding itself under Florida Rule of Criminal Procedure 3.160(a), and such waiver does not require the defendant's signature or a separate stand-alone document.
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S.D. Fla.·
2025-11-10
The court held that the petitioner's federal habeas petition was untimely under AEDPA and that he failed to satisfy any exceptions to the limitations period.
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Fla.·
2025-11-06
The court held that Jennings's clemency claim was untimely and procedurally barred because he raised it thirty-six years after his clemency denial and failed to demonstrate any exception to the timeliness requirements. The court held that Jennings was not denied due process despi
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Fla. 3d DCA·
2025-11-05
A habeas corpus petition alleging ineffective assistance of appellate counsel that is filed outside the two-year window, contains only conclusory allegations without supporting facts, and fails to invoke an applicable exception must be dismissed with prejudice.
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M.D. Fla.·
2025-11-05
The court held that the state court's denial of postconviction relief was not contrary to or an unreasonable application of federal law, and therefore denied the petition for writ of habeas corpus.
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The court held that the petition for a writ of habeas corpus was untimely filed, as it was filed more than six years after the one-year limitations period expired.
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M.D. Fla.·
2025-11-04
The court held that the petitioner's habeas corpus petition was untimely filed under the one-year limitations period imposed by AEDPA, and equitable tolling was not warranted.
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M.D. Fla.·
2025-11-04
The court held that the petitioner's federal habeas corpus petition was timely filed due to the tolling of the one-year limitations period by state post-conviction proceedings.
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The court held that an alien who has been present in the United States for an extended period, even if having entered without inspection, is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but rather falls under 8 U.S.C. § 1226(a), entitling them to a bond hearing.
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Fla. 3d DCA·
2025-10-29
A fugitive who signs a valid waiver of extradition rights and agrees to voluntary return waives all procedural protections incidental to extradition proceedings, including habeas relief. Additionally, the ninety-day statutory limit on extradition detention does not run while the
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Fla. 3d DCA·
2025-10-22
A habeas corpus petition alleging ineffective assistance of appellate counsel on direct review is untimely when filed more than four years after the judgment and sentence become final on direct review.
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The court held that Petitioner, who entered the U.S. without inspection and was detained, is not subject to mandatory detention under INA section 1225(b)(2)(A) but rather under section 1226(a), entitling him to an individualized bond hearing.
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M.D. Fla.·
2025-10-15
A federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 if a motion under 28 U.S.C. § 2255 is available and adequate.
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M.D. Fla.·
2025-10-15
The court held that a federal prisoner convicted of possessing contraband in prison is ineligible for earned time credits under the First Step Act, even if other sentences are for eligible offenses, because all sentences are aggregated for administrative purposes.
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M.D. Fla.·
2025-10-14
The court held that the petitioner failed to show that the state appellate court's denial of his ineffective assistance of counsel claim was objectively unreasonable.
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The court recommended dismissal of the habeas petition without prejudice.
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The petition for writ of habeas corpus was dismissed.
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A defendant's motion to withdraw a postconviction habeas corpus petition filed after the petition has already been denied is properly denied because the defendant is not entitled to withdraw a motion after it has been ruled upon.
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The court held that a petitioner who is a fugitive from justice cannot invoke the jurisdiction of the district court to adjudicate a habeas corpus petition.
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N.D. Fla.·
2025-10-02
A § 2254 habeas petition filed more than one year after a conviction becomes final, without a properly filed state post-conviction motion pending during the limitations period, is untimely and must be dismissed under Habeas Rule 4.
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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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S.D. Fla.·
2025-09-30
The court held that it lacks jurisdiction to consider the petitioner's challenge to his removal proceedings and therefore denies the petition for habeas corpus.
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N.D. Fla.·
2025-09-26
The court held that a federal habeas corpus petition challenging ongoing state criminal proceedings is subject to Younger abstention, and claims regarding conditions of confinement must be brought as a civil rights action.
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The Florida Supreme Court adopted amendments to Florida Rule of Criminal Procedure 3.131 regarding pretrial release procedures. The amendments align the rule with recent statutory changes to sections 903.011 and 903.047, Florida Statutes, effective January 1, 2026.
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Victor Tony Jones, a death row inmate with an execution date of September 30, 2025, appeals the circuit court's denial of his sixth successive motion for postconviction relief and post-warrant public records demands, and petitions for habeas corpus relief. The Florida Supreme Cou
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Appellate counsel is not ineffective for failing to raise a meritless claim on appeal, and the verdict form at issue presented no fundamental error because the record revealed no possibility of juror confusion regarding the conviction.
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Fla. 3d DCA·
2025-09-24
Double jeopardy does not prohibit separate convictions and sentences for distinct criminal acts occurring at different times, even if they arise from the same case.
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M.D. Fla.·
2025-09-19
The court held that the petitioner's habeas corpus petition was frivolous and dismissed it, denying a certificate of appealability.
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A pro se petitioner whose habeas corpus petition has been dismissed may be cautioned and threatened with sanctions for filing further abusive, repetitive, malicious, or frivolous filings on the same matter.
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The court held that the plaintiff's claims challenging his sex offender registration and probation conditions were barred by the statute of limitations and, in the alternative, failed on the merits or should have been brought as a habeas corpus petition.
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The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2025-09-17
Habeas corpus cannot be used to relitigate issues raised on direct appeal or as a substitute for postconviction relief motions, and petitions must plead specific facts rather than conclusory allegations.
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M.D. Fla.·
2025-09-16
The court held that the petitioner's claims for federal habeas relief were denied because the alleged trial error was harmless, the second claim was procedurally defaulted, and the remaining claims of ineffective assistance of counsel were meritless.