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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Edward T. James, a death row inmate with two capital sentences and an active death warrant, appeals the circuit court's summary denial of his successive motion for postconviction relief and petitions for habeas corpus and stay of execution. The Florida Supreme Court affirmed the
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M.D. Fla.·
2025-03-12
The court held that the petitioner is not entitled to federal habeas relief because the state court's decision to find forfeiture of the right to counsel was not contrary to or an unreasonable application of clearly established federal law, and the denial of deposition transcript
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Fla. 4th DCA·
2025-03-12
The appellate court reversed the circuit court's order prohibiting a defendant from filing further pro se motions under Florida Rule of Criminal Procedure 3.850(n). The court held that while the defendant's four post-conviction filings lacked merit or were procedurally deficient,
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S.D. Fla.·
2025-03-11
The court held that the petitioner's motion for reconsideration of the dismissal of his habeas petition was denied because he failed to establish any exceptions to the Younger abstention doctrine.
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The court held that the petitioner's federal habeas petition was untimely filed and that he was not entitled to equitable tolling.
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N.D. Fla.·
2025-03-10
The court recommended dismissal of the petition without prejudice due to the petitioner's failure to comply with a court order.
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N.D. Fla.·
2025-03-07
The court held that the petitioner's habeas corpus petition was timely filed because the one-year limitations period, affected by a leap year and a weekend anniversary date, extended to the Monday following the anniversary.
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Park Royal Hospital appeals a mandatory injunction requiring compliance with Florida's Baker Act and Administrative Code provisions for future unnamed patients. The trial court entered the broad injunction despite S.M.'s petition seeking only habeas corpus relief and correction o
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The petition for writ of habeas corpus was dismissed.
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A petition for writ of habeas corpus must allege that the relief requested would entitle the petitioner to either immediate release or a new trial.
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M.D. Fla.·
2025-03-03
The court held that the petitioner's federal habeas petition was filed outside the one-year statute of limitations established by AEDPA and was therefore dismissed as time-barred.
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N.D. Fla.·
2025-02-28
The court held that a federal habeas petitioner cannot challenge a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it, and that the Prison Releasee Reoffender sentencing enhancement was constitutional as applied.
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M.D. Fla.·
2025-02-24
The court held that the petitioner's claims were procedurally barred from federal habeas review because he failed to present them properly to the state courts and did not demonstrate cause and prejudice or a fundamental miscarriage of justice to overcome the default.
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The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2025-02-11
Grounds Three and Four are procedurally barred from federal review because the petitioner failed to fairly present the federal nature of these claims to the state courts. Grounds One and Two are subject to review on the merits.
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N.D. Fla.·
2025-02-11
The court recommended denying the plaintiff's motion for relief under Rule 60 as it pertained to the current civil rights case and dismissing it for lack of jurisdiction as it pertained to vacating a state-court criminal judgment.
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The court held that the petitioner's unsigned petition for a writ of habeas corpus was frivolous and dismissed it with prejudice, denying a certificate of appealability.
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M.D. Fla.·
2025-01-30
Juan Roberto Barron-Salazar, convicted of sexually abusing his two daughters over several years, sought federal habeas relief under 28 U.S.C. § 2254, challenging his conviction and life sentence on multiple grounds including ineffective assistance of counsel and due process viola
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Fla. 3d DCA·
2025-01-29
The habeas corpus petition was denied.
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The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2025-01-22
Jean Robert Navuis Sugrin, a Florida prisoner convicted of attempted robbery while masked and in possession of a firearm, filed a federal habeas corpus petition raising claims of ineffective assistance of trial counsel, ineffective assistance of appellate counsel, and trial court
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it with prejudice.
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Although a trial court must declare a bond forfeited when a defendant fails to timely appear, the court has discretion under § 903.26(2)(b) to set aside that forfeiture if the defendant appears the same day and doing so would serve the interests of justice. A trial court may abus
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M.D. Fla.·
2025-01-14
The court held that the petitioner's habeas corpus petition was untimely and dismissed it.
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N.D. Fla.·
2025-01-14
The court held that a case may be dismissed without prejudice for failure to comply with court orders, local rules, failure to prosecute, and failure to pay the filing fee or apply for in forma pauperis status.
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Mark Jones, an incarcerated individual, appealed the lower court's orders transferring his habeas corpus and mandamus petitions from Charlotte County to Leon County. The appellate court agreed with Jones that the petitions were properly construed as habeas corpus petitions for wh
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The court held that trial counsel's failure to advise the petitioner of the maximum penalty he faced before rejecting a plea offer constituted ineffective assistance of counsel, warranting habeas corpus relief.
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M.D. Fla.·
2025-01-07
Roderick James Ivery, a Florida prisoner convicted of sexual battery, filed a federal habeas petition under 28 U.S.C. § 2254 challenging his conviction. The district court denied relief on all grounds, finding no constitutional violations warranting federal habeas review and reje
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N.D. Fla.·
2025-01-06
A non-attorney cannot represent another person's legal interests in federal court, even as a 'next friend'.
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A pro se litigant whose filings are abusive, repetitive, malicious, or frivolous may be cautioned that further such filings will result in sanctions including a bar on pro se filing and referral for prison disciplinary proceedings.
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The court held that a second federal habeas petition filed without prior authorization from the court of appeals is successive and must be dismissed for lack of jurisdiction.
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M.D. Fla.·
2024-12-30
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claim regarding the denial of a mistrial was procedurally barred and, alternatively, meritless.
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A habeas corpus petition may be dismissed rather than transferred when it raises untimely, successive, or frivolous postconviction challenges that could have been raised earlier or constitute a second or successive motion under rule 3.850.
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Matthew Brodman filed a habeas corpus petition claiming ineffective assistance of appellate counsel after his conviction and sixteen-year prison sentence. The court dismissed the petition with prejudice because Brodman's twenty claims were conclusory and lacked sufficient support
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M.D. Fla.·
2024-12-12
The court held that the petitioner's claims regarding the sufficiency of charging informations, the retroactivity of a statutory amendment, and double jeopardy were meritless or not cognizable on federal habeas review.
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N.D. Fla.·
2024-12-09
The court held that a state prisoner's federal habeas corpus petition under 28 U.S.C. § 2254 was untimely because it was filed more than one year after the judgment became final, and a subsequent nunc pro tunc correction of the sentence did not restart the limitations period.
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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 petition for writ of habeas corpus that does not meet the requirements established in Baker v. State must be dismissed.
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M.D. Fla.·
2024-11-27
George Tay challenged his state court convictions for possessing 100 counts of child pornography by filing a federal habeas petition claiming ineffective assistance of counsel. The federal district court denied Tay's petition after finding that trial counsel's performance was not
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M.D. Fla.·
2024-11-26
William Gary Hurst, convicted of first-degree murder in the 1982 death of his wife Amy Hurst based on evidence surfaced nearly thirty years later, sought federal habeas corpus relief challenging his conviction on multiple grounds including ineffective assistance of counsel and ju
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M.D. Fla.·
2024-11-25
Julio Villanueva-Vasquez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his Florida state convictions for attempted second-degree murder, aggravated stalking, burglary with assault, domestic violence injunction violation, and criminal mischief ari
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The district court lacks subject matter jurisdiction to review the denial of an adjustment of status application under INA § 245(a) due to the jurisdictional bar in INA § 1252(a)(2)(B).
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M.D. Fla.·
2024-11-20
The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, and further amendment would be futile.
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The Florida First District Court of Appeal dismissed C.S.'s appeal from a circuit court decision regarding his minor child as untimely filed under the Florida Rules of Appellate Procedure, directing him to pursue a petition for writ of habeas corpus in the circuit court if he see
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The Florida First District Court of Appeal dismissed J.L.'s appeal from a Circuit Court decision regarding the Department of Children and Families, finding the appeal was untimely filed. The court directed the appellant to seek relief through a petition for writ of habeas corpus
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N.D. Fla.·
2024-11-15
Challenges to the validity of a criminal conviction are cognizable only in a habeas corpus action, not a civil rights action, unless the conviction has been invalidated.
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M.D. Fla.·
2024-11-13
The court denied the motion for reconsideration because the petitioner failed to establish extraordinary circumstances and did not address the dispositive issue of whether his state motion was pending.
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N.D. Fla.·
2024-11-13
A prisoner's failure to disclose a prior federal habeas corpus petition on a court-required disclosure form constitutes abuse of the judicial process, warranting dismissal of the current action as malicious under 28 U.S.C. § 1915(e)(2)(B)(i).