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
-
Alton T. McDaniel appeals orders striking his petition for writ of habeas corpus and motion for appointment of regional conflict counsel following his commitment to the Department of Children and Families after acquittal by reason of insanity for first-degree arson. The appellate
-
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.
-
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).
-
N.D. Fla.·
2024-11-12
The court held that the petitioner's federal habeas corpus petition was untimely filed after the one-year limitations period expired, and therefore, it should be dismissed with prejudice.
-
N.D. Fla.·
2024-11-07
The court recommended denying the federal habeas petition because the state court's decisions on double jeopardy and ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
-
The petition for writ of habeas corpus was dismissed.
-
Fla. 3d DCA·
2024-11-06
The petition for habeas corpus relief was denied.
-
M.D. Fla.·
2024-10-30
The court held that the petitioner received adequate due process during prison disciplinary proceedings, as he was provided with written notice of the charges and there was sufficient evidence to support the finding of guilt.
-
M.D. Fla.·
2024-10-29
The court held that the petitioner's claims of due process violation and ineffective assistance of counsel were procedurally barred or without merit, as his plea was knowingly and voluntarily entered and any motion to withdraw it would have been denied.
-
The Court held that Petitioner's amended petition for a writ of habeas corpus is moot because he has been restored to competency and has new counsel, rendering the requested relief unnecessary.
-
The court denied the motion for rehearing because the petitioner failed to present extraordinary circumstances and raised issues already decided or procedurally barred.
-
N.D. Fla.·
2024-10-25
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decision regarding the Bruton violation was not contrary to or an unreasonable application of federal law, and the ineffective assistance of counsel claim also fails under
-
N.D. Fla.·
2024-10-21
A federal court lacks subject matter jurisdiction over a habeas petition if the petitioner is not 'in custody' pursuant to the conviction under attack when the petition is filed.
-
119 F.4th 1261·
11th Cir.·
2024-10-21
The Eleventh Circuit held that the state court reasonably concluded that counsel's failure to file an appellee's brief in response to the State's direct appeal does not entitle the defendant to a presumption of prejudice under United States v. Cronic.
-
M.D. Fla.·
2024-10-18
The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence when a § 2255 motion is available.
-
M.D. Fla.·
2024-10-17
The court held that a prisoner subject to a final order of removal is ineligible to apply First Step Act time credits, even if they claim ignorance of the removal order.
-
Fla. 3d DCA·
2024-10-16
A petition for habeas corpus based on ineffective assistance of appellate counsel must satisfy both the statutory filing deadline and the two-prong Strickland standard requiring specific errors showing deviation from professional norms and prejudice undermining confidence in the
-
A petition for writ of habeas corpus based on manifest injustice fails when the petitioner merely reiterates previously litigated claims regarding DNA evidence reliability with additional documentation, as such claims are successive rather than newly discovered and do not meet th
-
Johnny William McIntyre filed an original habeas corpus petition challenging his habitual felony offender sentences imposed in 1997. The Third District Court of Appeal dismissed the petition, holding that habeas corpus cannot be used to relitigate issues that could have been or w
-
-
M.D. Fla.·
2024-10-15
The court held that a petitioner cannot circumvent the successive petition rule by filing a habeas corpus petition and that the court lacks jurisdiction over a successive § 2255 motion without prior Eleventh Circuit authorization.
-
N.D. Fla.·
2024-10-11
Roosevelt Kirk, a juvenile offender sentenced to life with parole for a 1983 murder, sought federal habeas relief under 28 U.S.C. § 2254, arguing his resentencing violated the Eighth Amendment under Miller v. Alabama. The federal court denied relief, holding that Miller does not
-
A district court lacks jurisdiction to consider a second or successive habeas corpus petition that was not previously authorized by an appellate court.
-
N.D. Fla.·
2024-10-03
A federal prisoner cannot use a petition for a writ of habeas corpus under 28 U.S.C. § 2241 to challenge his conviction if the remedy under 28 U.S.C. § 2255 is not inadequate or ineffective.
-
The petition for writ of habeas corpus was dismissed.
-
S.D. Fla.·
2024-09-27
Former FBI Special Agent John Joseph Connolly challenged his second-degree murder conviction for his role in the 1982 killing of John B. Callahan, arguing that Florida prosecutors committed a Brady violation by withholding a 2006 email from his trial in which an FBI supervisor st
-
S.D. Fla.·
2024-09-26
The court held that the federal habeas petition was time-barred because the state post-conviction motion did not toll the limitations period, and the petitioner failed to establish actual innocence.
-
The court held that it lacks jurisdiction to review the denial of bond or parole, as these are discretionary decisions by the Attorney General under the Immigration and Nationality Act, and the petitioner failed to establish the illegality of his detention.
-
A habeas corpus petition filed by a civilly committed sexually violent predator must be filed in the county where the facility in which the petitioner is confined is located, not in the county where the judgment was rendered, and the trial court in the judgment county lacks autho
-
M.D. Fla.·
2024-09-23
The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
-
A federal prisoner must exhaust administrative remedies before seeking a writ of habeas corpus under 28 U.S.C. § 2241 to challenge the execution of his sentence.
-
N.D. Fla.·
2024-09-16
The court held that a federal court should abstain from interfering with pending state criminal proceedings under the Younger doctrine when state remedies are available and no extraordinary circumstances exist.
-
A prisoner's repeated pro se filings asserting identical claims stemming from the same conviction may be summarily dismissed with prejudice and subject to sanctions when determined to be abusive, repetitive, malicious, or frivolous.
-
M.D. Fla.·
2024-09-13
The court held that most of the applicant's claims are procedurally barred from federal review due to failure to exhaust state remedies or procedural default, and the applicant failed to establish cause and prejudice or a fundamental miscarriage of justice.
-
M.D. Fla.·
2024-09-09
Henry Coldridge Mills, a Florida inmate serving a twenty-year sentence for attempted second-degree murder and firearms offenses, filed a federal habeas petition challenging his state conviction on six grounds, including claims of ineffective assistance of counsel, evidentiary err
-
M.D. Fla.·
2024-09-05
The court held that the exclusion of physical handwritten cards did not violate the petitioner's right to present a defense, and that claims of prosecutorial misconduct and ineffective assistance of counsel were either procedurally barred or reasonably rejected by the state court
-
N.D. Fla.·
2024-09-03
The court held that the petitioner's federal habeas corpus petition was untimely filed, as it was filed after the expiration of the one-year limitations period. A certificate of appealability was denied.
-
The court recommended dismissal of the amended petition for writ of habeas corpus without prejudice due to Petitioner's failure to comply with court orders and failure to present a viable claim.
-
The court held that a resentencing order entered nunc pro tunc does not constitute a new judgment for purposes of AEDPA's second or successive petition bar, and thus the current petition is barred.
-
A petition for writ of habeas corpus that does not meet the requirements established in Baker v. State must be dismissed.
-
A habeas petition challenging close management status placement must exhaust administrative remedies, and claims not subject to dismissal on that ground are reviewed under the certiorari standard rather than habeas review.
-
N.D. Fla.·
2024-08-28
A state inmate does not possess a constitutional liberty interest in being transferred to or housed in a particular correctional facility, and therefore, a petition for writ of habeas corpus challenging such transfers fails to state a claim for relief.
-
M.D. Fla.·
2024-08-28
The court held that the state court's rejection of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
-
Fla. 3d DCA·
2024-08-28
Appellate counsel's failure to raise meritless issues does not constitute ineffective assistance of counsel.
-
Fla. 3d DCA·
2024-08-28
Habeas corpus is not an appropriate vehicle for relitigating issues that were raised or should have been raised on direct appeal or in post-conviction proceedings.
-
M.D. Fla.·
2024-08-27
The court held that a habeas petition challenging a conditional release revocation is moot and must be dismissed for lack of jurisdiction once the petitioner's sentence has expired.
-
M.D. Fla.·
2024-08-23
Richard A. Roberts, convicted of sexual battery on a child based on testimony from two victims describing abuse occurring in the early 1980s, sought federal habeas relief under 28 U.S.C. § 2254, raising seven grounds including claims regarding the admission of collateral-act evid
-
Fla.·
2024-08-22
An inmate who has filed multiple meritless pro se petitions may be barred from filing future pro se pleadings related to the same case and sanctioned for abuse of the Court's judicial resources when he demonstrates no remorse and continues the pattern of frivolous filings.
-
Fla.·
2024-08-22
A state prisoner who files multiple successive habeas petitions raising identical claims may be sanctioned with a pro se bar to protect the Court's limited judicial resources.
-
The court recommended denying the petition for writ of habeas corpus, finding that the petitioner failed to demonstrate ineffective assistance of counsel under Strickland v. Washington.