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.·
2025-09-12
The court held that a habeas petition must be dismissed without prejudice if it is duplicative of another pending action.
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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.
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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.
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N.D. Fla.·
2025-09-08
An attorney's negligence, even gross negligence, does not constitute the extraordinary circumstances required for equitable tolling of a federal habeas petition deadline.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA, as it was filed more than one year after his state conviction became final and he failed to establish any exceptions to the limitations period.
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S.D. Fla.·
2025-09-04
The court held that it lacks jurisdiction to consider a petition for habeas corpus challenging a final order of removal.
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M.D. Fla.·
2025-09-03
The court denied the petitioner's motion for a temporary restraining order and preliminary injunction, finding he was unlikely to succeed on the merits and that injunctive relief was not in the public interest.
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A petition challenging a state agency's parole eligibility determination should be treated as a mandamus action and transferred to Leon County, where the state agency maintains its principal headquarters, rather than dismissed on the merits.
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N.D. Fla.·
2025-08-29
The District Court adopted a magistrate judge's recommendation to dismiss a §2241 habeas petition under the Younger abstention doctrine, finding that federal court intervention was inappropriate where state court proceedings were ongoing. The court also denied a certificate of ap
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Fla.·
2025-08-28
The circuit court properly summarily denied Bell's postconviction motion because his claims challenging the voluntariness of his waivers of counsel and a penalty-phase jury were procedurally barred as claims that could have been raised on direct appeal, and were in any event conc
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N.D. Fla.·
2025-08-27
The court held that a pro se prisoner's civil rights complaint should be dismissed for failure to pay the filing fee or seek pauper status and for failing to truthfully disclose prior litigation history.
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Fla. 3d DCA·
2025-08-27
Hurst v. Florida does not apply retroactively to sentences that became final before Ring v. Arizona, and habeas corpus cannot be used to relitigate issues that could have been raised on direct appeal.
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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.
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M.D. Fla.·
2025-08-26
George Shrader challenged his 1986 conviction for the murder and sexual battery of Sharon Moss based on DNA evidence obtained 25 years after the crime, raising claims of jury contamination, insufficient evidence, ineffective counsel, and prosecutorial misconduct. The federal cour
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The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2025-08-20
Habeas corpus is not a second appeal and cannot be used to litigate or relitigate issues which could have been, should have been, or were raised on direct appeal.
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The court held that the First Step Act's amendment to the Good Conduct Time statute does not require retroactive recalculation of credits for completed sentences, and the petitioner failed to exhaust administrative remedies.
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The court held that the petitioner's habeas corpus petition was timely filed, denying the respondents' motion to dismiss.
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Martinez filed a federal habeas corpus petition under 28 U.S.C. § 2241 challenging her detention in Hillsborough County jail on an out-of-state fugitive warrant. The district court dismissed the petition without prejudice because Martinez failed to exhaust available state court r
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The court held that it has subject-matter jurisdiction over the habeas corpus petition and that the petition is ripe for review, as the presumptively reasonable detention period has expired.
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The court held that the respondent's motion to dismiss for failure to name a proper respondent should be denied, and the Clerk should substitute the Secretary of the Florida Department of Children and Families as the respondent.
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Fla. 3d DCA·
2025-08-06
Habeas corpus is not a vehicle for obtaining additional appeals of issues raised or waivable on direct appeal or in rule 3.850 proceedings.
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M.D. Fla.·
2025-08-05
The court held that the petitioner's claims are denied because they are either procedurally defaulted, not cognizable, or fail to meet the high bar for federal habeas relief under AEDPA.
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M.D. Fla.·
2025-08-04
A prisoner's § 1983 civil rights action is barred if a judgment in favor of the plaintiff would necessarily imply the invalidity of their conviction or sentence, unless the conviction has been invalidated.
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N.D. Fla.·
2025-08-01
The court held that the petitioner's habeas corpus petition was untimely filed and not entitled to equitable tolling or the actual innocence exception.
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Fla. 3d DCA·
2025-07-30
A successive habeas corpus petition raising claims that should have been presented on direct appeal is procedurally barred and must be dismissed.
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The court held that the petitioner's circumstances did not render the mandatory detention statute unconstitutional as applied, nor did they demonstrate a due process violation.
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Fla. 3d DCA·
2025-07-30
Gregory Ponton filed a habeas corpus petition in the Florida District Court of Appeal, Third District, challenging his conviction or sentence. The court denied the petition, finding it without merit and citing recent precedent holding that Erlinger v. United States does not apply
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Fla. 3d DCA·
2025-07-30
A circuit court has jurisdiction to hear a habeas corpus petition challenging the calculation of gain time and retention of jurisdiction over a sentence when filed in the county where the prisoner is detained.
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Fla. 3d DCA·
2025-07-23
When a habeas corpus petition challenging the legality of detention of minors charged as adults presents disputed material facts, the court shall appoint a commissioner to hold an evidentiary hearing and submit findings before proceeding.
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Fla. 3d DCA·
2025-07-23
A petitioner claiming ineffective assistance of appellate counsel must establish both deficient performance constituting a serious error falling measurably outside the range of professionally acceptable performance and resulting prejudice that undermined confidence in the correct
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N.D. Fla.·
2025-07-23
The court held that the Bureau of Prisons (BOP) properly denied the petitioner's request for early release credit for participating in the Residential Drug Abuse Program (RDAP) because his conviction involved a firearm, making him ineligible under BOP regulations.
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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 petition for writ of habeas corpus cannot be used as a substitute for postconviction relief under Florida Rules of Criminal Procedure 3.800 or 3.850, and a litigant barred from proceeding pro se must comply with that bar by obtaining counsel to file any motion in the trial cour
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The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and equitable tolling and actual innocence exceptions did not apply.
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M.D. Fla.·
2025-07-21
A federal habeas corpus petition was dismissed without prejudice for the petitioner's failure to comply with an Order to Show Cause within the deadline set by the court.
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The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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Fla. 3d DCA·
2025-07-16
Challenges to the Florida Parole Commission's presumptive parole release date determinations must be brought in Leon County Circuit Court, where the Commission is headquartered.
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M.D. Fla.·
2025-07-14
The court held that the applicant's claims are procedurally barred from federal review because they were not properly exhausted in state court and the applicant failed to demonstrate cause and prejudice or a fundamental miscarriage of justice.
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S.D. Fla.·
2025-07-14
The court held that the petitioner's motion for reconsideration, construed as a Rule 59(e) motion for relief from judgment, was denied because it failed to present new evidence or demonstrate clear error, instead relitigating previously decided issues.
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The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2025-07-03
The court held that it lacks jurisdiction to grant an extension of time to file a habeas petition before the petition itself has been filed.
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The petition for writ of habeas corpus was dismissed.
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Appellate counsel's failure to raise a double jeopardy claim regarding convictions for both possession and trafficking of cocaine constituted ineffective assistance of counsel, entitling the petitioner to a new appeal on that issue.
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A federal pretrial detainee cannot use a Section 2241 habeas corpus petition to challenge an ongoing criminal prosecution before trial, absent exceptional circumstances.
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141 F.4th 1231·
11th Cir.·
2025-06-30
Michael Sockwell was convicted of murder for pecuniary gain and sentenced to death by Alabama, and he challenged his conviction through habeas corpus on the grounds that the prosecution violated his Fourteenth Amendment equal protection rights by using peremptory strikes to syste
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The court held that the petitioner is entitled to equitable tolling, making his federal habeas petition timely filed.
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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.