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.·
2024-04-26
Perez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state court convictions for lewd and lascivious battery and molestation of a 14-year-old victim. The district court dismissed the amended petition as time-barred under AEDPA's one-year statu
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S.D. Fla.·
2024-04-25
The court held that federal habeas review cannot grant relief for state law errors, and to the extent federal claims were raised, they were meritless.
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Spencer D. Daniels petitioned for a writ of habeas corpus claiming manifest injustice, but the Florida First District Court of Appeal dismissed the petition because his claims could have been raised on direct appeal or in postconviction motions. The court also sanctioned Daniels
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The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-04-22
The court held that the application of Florida's DNA database statute to the petitioner did not violate the ex post facto clause, the trial court did not improperly limit voir dire, and the refusal to give a special jury instruction did not violate due process.
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The court held that the petitioner's federal habeas corpus petition was untimely because it was filed after the expiration of the one-year limitations period established by AEDPA, and a pending state motion to correct an illegal sentence did not appear to have tolling effect.
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The Florida Third District Court of Appeal upheld an order prohibiting Dennis McArthur, a pro se habeas corpus petitioner, from filing further pleadings related to his criminal case (F11-9093) without attorney representation. The court found that McArthur had abused the judicial
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M.D. Fla.·
2024-04-15
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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Dino Sarac petitioned for habeas corpus challenging the revocation of his pretrial release in a prior drug/trespass case after his arrest on a new suspended license charge. The court denied the petition as moot because Sarac entered a plea and was sentenced, but explained it woul
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Dino Sarac petitioned for a writ of habeas corpus challenging the revocation of his pretrial release bond in an earlier case, which was revoked at the direction of the original judge through a first appearance judge in a separate, newly-filed case. Although the petition became mo
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The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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M.D. Fla.·
2024-04-10
Tino Norfleet, a pretrial detainee, filed a federal habeas corpus petition challenging aspects of his ongoing state criminal case, including alleged due-process and speedy-trial violations. The district court dismissed the petition as frivolous under the Younger abstention doctri
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M.D. Fla.·
2024-04-09
The court held that the petitioner's actual innocence claim failed because it relied on re-arguing the sufficiency of trial evidence rather than presenting new, reliable evidence. Therefore, the petition was dismissed as time-barred.
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S.D. Fla.·
2024-04-09
Cory Barrant Sivik sought federal habeas relief challenging his state conviction for lewd or lascivious molestation of a child under twelve, arguing that statements he made during a police-orchestrated controlled telephone call violated his Fifth and Sixth Amendment rights. The d
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The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-03-29
The court held that the state court's rejection of Spears' ineffective assistance of counsel claims was a reasonable application of federal law and supported by the record.
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Fla. 5th DCA·
2024-03-28
A trial court may not deny a defendant's motion for bond when the defendant is not charged with a capital or life felony and the State has not sought pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132.
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Daryl Keith Burns appealed the trial court's denial of his habeas corpus petition challenging his conviction and sentence. The court reversed and remanded, holding that while the trial court correctly rejected the petition, it should have dismissed rather than denied it because h
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Fla. 5th DCA·
2024-03-28
Joanne Perano petitioned for a writ of habeas corpus challenging her detention without bond on an aggravated stalking charge. The court granted the petition, finding the trial court erred in denying bond when the State failed to seek pretrial detention and the charge was not a ca
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Fla. 3d DCA·
2024-03-27
The court affirmed the circuit court's decision, finding that Mitchell's arguments had been previously rejected in prior habeas corpus and post-conviction relief proceedings.
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Ineffective assistance of appellate counsel cannot be argued on habeas corpus where the issue was not preserved for appeal.
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The court held that the Florida Supreme Court's determination that the conditional-release program is constitutional was reasonable, and therefore, the Third DCA's denial of the petitioner's state-court habeas petition was also reasonable.
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The Florida Fifth District Court of Appeal granted a petition for belated appeal, treating the court's opinion as the notice of appeal. This allows the petitioner to appeal a lower court's denial of a writ of habeas corpus.
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M.D. Fla.·
2024-03-21
Joshua Hearns sought federal habeas corpus relief challenging his conviction for conspiracy to traffic oxycodone, for which he received a 25-year sentence. The court denied his petition, finding most of his claims procedurally barred because he failed to exhaust state remedies an
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M.D. Fla.·
2024-03-18
The court held that a Rule 60(b) motion seeking to relitigate a previously denied habeas claim based on newly discovered evidence is a successive habeas petition, and since it was filed without authorization from the court of appeals, the district court lacks jurisdiction.
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The appellate court denied a petition for writ of habeas corpus, upholding the trial court's decision to revoke the defendant's bond. The court found that the statute allowing bond revocation for probable cause of a new crime does not require the state to prosecute that new crime
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The court held that a federal habeas petition under 28 U.S.C. § 2241 may be moot if the state criminal proceedings have progressed significantly and the petitioner's competency has been restored.
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M.D. Fla.·
2024-03-14
The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.
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A habeas corpus petition raising issues that could have been or were raised on direct appeal is unauthorized and subject to dismissal.
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Joshua Brian Nibbelink, a Florida inmate, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2015 state court conviction for first-degree felony murder, kidnapping, and robbery. The district court reviewed the petition applying the deferential AEDPA sta
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M.D. Fla.·
2024-03-11
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either not cognizable, procedurally defaulted, or failed on the merits under AEDPA review.
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M.D. Fla.·
2024-03-08
The court held that the petitioner's habeas corpus petition is successive and untimely, and therefore dismissed.
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The court held that the petitioner's claims were procedurally defaulted and not cognizable on federal habeas corpus review, and therefore denied the petition.
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M.D. Fla.·
2024-03-07
The court held that the applicant failed to present sufficient evidence of actual innocence to overcome the procedural default and untimeliness of his habeas corpus claims.
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M.D. Fla.·
2024-03-07
Robert Mueller, convicted of attempted second-degree murder, aggravated battery, and discharging a firearm in public, sought federal habeas relief challenging his forty-year prison sentence. The court denied his petition, finding that several claims were procedurally barred becau
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Todd Curtis West, an inmate convicted of armed burglary with assault or battery, sought federal habeas relief under 28 U.S.C. § 2254, raising multiple claims of ineffective assistance of trial counsel. The district court denied all grounds, finding that the state court's rejectio
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The petition for writ of habeas corpus was dismissed.
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The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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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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M.D. Fla.·
2024-03-04
The federal court denied the petition for writ of habeas corpus because the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied federal law, or based on unreasonable factual determinations.
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M.D. Fla.·
2024-03-04
The court held that a federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 unless the remedy under 28 U.S.C. § 2255 is inadequate or ineffective.
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The court held that the habeas corpus application was time-barred because it was filed more than three years after the federal limitation period expired.
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The court denied the inmate's motion to proceed in forma pauperis without prejudice and denied an inmate's request to appear as amicus curiae.
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S.D. Fla.·
2024-02-22
The petition is dismissed in part on procedural grounds and denied in part on the merits.
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M.D. Fla.·
2024-02-22
The court held that the petitioner's claims were procedurally barred or failed on the merits under AEDPA standards, and thus denied the petition for writ of habeas corpus.
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S.D. Fla.·
2024-02-20
The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's habeas corpus petition.
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S.D. Fla.·
2024-02-09
The Court held that the Petitioner's claims challenging his civil commitment under 28 U.S.C. § 2254 lacked merit, as the state court's findings were supported by evidence and complied with federal and state law.
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The court held that the applicant, now imprisoned for life, must proceed under 28 U.S.C. § 2254, not § 2241, to challenge his confinement.
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M.D. Fla.·
2024-02-08
The court held that the applicant's claims were procedurally barred or lacked merit, and therefore denied the petition for a writ of habeas corpus.