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 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.
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M.D. Fla.·
2024-08-20
The court held that the petitioner's Fourth Amendment claim is barred from federal habeas review.
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N.D. Fla.·
2024-08-20
The court held that a federal habeas petitioner cannot obtain relief on a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it, and that the petitioner's claims of ineffective assistance of counsel lacked merit because his underlying Fourth Amen
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N.D. Fla.·
2024-08-19
The court recommended dismissal of the habeas corpus petition without prejudice.
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M.D. Fla.·
2024-08-15
The court held that the habeas corpus application was untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA) because the applicant's prior state post-conviction motion was dismissed as untimely and therefore did not toll the federal limitation period.
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N.D. Fla.·
2024-08-14
The court held that the finding of threatening bodily harm was supported by some evidence, and the delay in receiving the disciplinary report did not prejudice the petitioner, thus denying the section 2241 petition.
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N.D. Fla.·
2024-08-13
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.·
2024-08-12
The court held that the petitioner is not entitled to federal habeas relief because the state court's rejection of his ineffective assistance of counsel claim was not contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable de
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M.D. Fla.·
2024-08-09
The court denied the petition for a writ of habeas corpus, finding no constitutional violations in the state court proceedings.
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N.D. Fla.·
2024-08-08
The court held that the state court's rejection of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and thus habeas relief should be denied.
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Fla. 1st DCA·
2024-08-07
Habeas corpus is not available in Florida to obtain collateral postconviction relief that is available through a rule 3.850 motion in the sentencing court.
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N.D. Fla.·
2024-08-06
The court held that the petitioner's habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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The court held that the petitioner's federal habeas corpus application was time-barred because his state post-conviction relief petition was not properly filed and thus did not toll the statute of limitations.
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Renell Jones sought federal habeas corpus relief challenging the admission of his confession in a murder trial, arguing Miranda violations and constitutional defects in his interrogation. The district court affirmed the magistrate judge's recommendation to deny the petition, find
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A habeas corpus petition is facially sufficient to state a prima facie case when the petitioner alleges current detention and provides sworn allegations with probable cause that he is detained without lawful authority.
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The petition for writ of habeas corpus was dismissed.
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The court held that the habeas corpus application was untimely filed and therefore dismissed.
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S.D. Fla.·
2024-07-16
The court held that the plaintiff's complaint was a shotgun pleading and failed to state a claim, and his motion to proceed in forma pauperis was insufficient.
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S.D. Fla.·
2024-07-15
The court adopted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus.
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Henderson, a state prisoner, sought federal habeas corpus relief under 28 U.S.C. § 2241 challenging a state speedy trial violation. The district court dismissed the petition as premature for lack of exhaustion of state remedies and because § 2241 is limited to federal constitutio
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The petition for writ of habeas corpus was dismissed.
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The court held that the petitioner's habeas corpus petition was untimely filed and he failed to establish grounds for equitable tolling or actual innocence to overcome the procedural bar.
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The petition for writ of habeas corpus was dismissed.
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N.D. Fla.·
2024-07-01
A federal district court dismissed a habeas corpus petition under 28 U.S.C. §2241 filed by a petitioner against the State of Florida, finding that the petitioner failed to exhaust state remedies and that Younger abstention doctrine barred federal jurisdiction.
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Keith L. Calvin petitioned for a writ of habeas corpus to challenge his 2006 life sentence for second-degree murder. The Florida First District Court of Appeal dismissed the petition as frivolous and referred Calvin to the Department of Corrections for sanctions based on his patt
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The court held that the plaintiff's complaint was an impermissible shotgun pleading and patently frivolous, warranting dismissal.
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A petition for writ of habeas corpus may be dismissed without detailed explanation when it fails to meet the requirements for such relief.
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The court held that the habeas corpus application was time-barred and the applicant was not entitled to equitable tolling.
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M.D. Fla.·
2024-06-13
The court held that a federal prisoner's claim that a disciplinary proceeding violated due process due to the untimely receipt of a Disciplinary Hearing Officer's report is not grounds for habeas relief if the prisoner cannot demonstrate substantial prejudice, and that the admini
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S.D. Fla.·
2024-06-13
Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
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M.D. Fla.·
2024-06-12
The court held that the petitioner's claims were procedurally barred from federal review because he failed to exhaust state remedies by not presenting the federal nature of his claims to the state courts and did not demonstrate cause and prejudice or a miscarriage of justice.
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S.D. Fla.·
2024-06-11
The court denied the petition for writ of habeas corpus, finding that the state court's rejection of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2024-06-05
The court held that the state court's denial of the motion to suppress and the ineffective assistance of counsel claims were not unreasonable under AEDPA.
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A petition for writ of habeas corpus challenging the legality of confinement must satisfy the requirements established in Baker v. State.
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The petition for writ of habeas corpus was dismissed.
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A father appealed a termination of parental rights judgment by filing a notice of appeal from an amended final judgment 30 days after the original judgment was entered. The appellate court dismissed the appeal for lack of jurisdiction because the amended judgment merely corrected
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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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N.D. Fla.·
2024-05-23
The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended habeas petition.
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Adrian K. Gray filed a second petition for writ of habeas corpus in the Fifth District Court of Appeal, seeking review of successive claims from a 2004 Nassau County criminal case. The court dismissed the petition as successive and abusive, cautioning that further similar pro se
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Habeas corpus may not be used as a means to seek a second appeal or to litigate issues that could have been or were raised in a rule 3.850 motion.
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Fla. 1st DCA·
2024-05-15
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-05-14
The court held that several of the applicant's claims were unexhausted and procedurally defaulted, and the actual innocence exception did not apply. The remaining claim was denied on the merits.
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Tyrell Deronville, sentenced to life plus 30 years for second-degree murder and attempted second-degree murder in a shooting over a drug dispute, filed a federal habeas petition challenging his conviction based on claims of ineffective assistance of counsel. The district court di
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Fla. 3d DCA·
2024-05-08
A trial court does not abuse its discretion in denying pretrial bond following an Arthur hearing when the specific facts of the case, including evidence unique to the defendant, support the finding that proof of guilt is evident or the presumption of guilt is great, even if bond
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The court held that the petitioner failed to show that the state appellate court unreasonably denied his claim that the charging document and verdict form resulted in a federal due process violation.
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A defendant found not guilty by reason of insanity may be involuntarily committed to DCF if the defendant is mentally ill and, because of that illness, is manifestly dangerous to himself or others. The court affirmed the trial court's commitment order where evidence showed Reynol
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The petition for writ of habeas corpus was dismissed.
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The Third District Court of Appeal enforced a show cause order against Derrick Emile Lewis, an incarcerated pro se litigant who has filed numerous meritless post-conviction motions and habeas petitions over three decades. The court prohibited Lewis from filing further self-repres
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M.D. Fla.·
2024-04-29
A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is 'in custody' under the challenged judgment, and the one-year statute of limitations under AEDPA applies.