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 petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-02-05
The court held that the petitioner's habeas corpus petition was time-barred because the claims were not filed within the one-year limitation period and equitable tolling and actual innocence did not apply.
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Clarence Leroy Palmore, a Florida prisoner, filed a federal habeas corpus petition challenging his conviction on the ground that he was charged by information rather than grand jury indictment, claiming a Fifth Amendment violation. The district court denied the petition, holding
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Fla. 1st DCA·
2024-01-31
The appeal was dismissed pursuant to Wagner v. McDonough, 927 So. 2d 216, 217 (Fla. 1st DCA 2006).
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Fla. 3d DCA·
2024-01-31
Habeas corpus is not available in Florida to obtain collateral postconviction relief that is properly pursued through a Rule 3.850 motion in the sentencing court.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence were not supported by new, reliable evidence sufficient to overcome the time bar.
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M.D. Fla.·
2024-01-30
The court denied the plaintiff's construed motion for class certification. The court also reviewed the amended complaint under 28 U.S.C. § 1915A(b) for frivolousness, failure to state a claim, or seeking relief from immune defendants.
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The court held that the petitioner's claims were procedurally barred due to failure to exhaust state remedies and properly present federal issues, and that even if considered on the merits, the claims lacked merit under AEDPA's deferential standard.
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M.D. Fla.·
2024-01-30
Anesha Parker filed a federal habeas corpus petition under 28 U.S.C. § 2241 challenging an adjudication of incapacity issued by the District of Columbia's juvenile justice agency. The court denied the petition on jurisdictional grounds, finding Parker failed to meet the 'in custo
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S.D. Fla.·
2024-01-25
Ralph J. Hyppolite II filed a habeas corpus petition in the Southern District of Florida challenging his Air Force court martial sentence and subsequent parole status. The district court adopted in part a magistrate judge's recommendations, denying the habeas petition without pre
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M.D. Fla.·
2024-01-23
Johnny Carter, a Florida prisoner, sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2014 convictions for two counts of armed robbery and grand theft of a motor vehicle based on a single incident in which he robbed a couple at gunpoint and stole their weapons a
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M.D. Fla.·
2024-01-18
The court held that the petitioner procedurally defaulted his federal due process claim and failed to establish cause and prejudice to overcome the default, and thus denied his petition for a writ of habeas corpus.
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The court held that the petitioner's claims for procedural due process violations, equal protection violations, and compassionate release were without merit and denied his petition for a writ of habeas corpus.
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Fla.·
2024-01-11
An inmate who demonstrates a pattern of vexatious filing of meritless pro se petitions may be sanctioned by barring future filings related to the underlying case unless represented by counsel.
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S.D. Fla.·
2024-01-03
The court held that the petition for a writ of habeas corpus must be denied because the petitioner failed to establish that the BOP revoked his Federal Time Credits without due process or that such credits could be applied to shorten his term of supervised release.
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M.D. Fla.·
2024-01-02
The court held that the petitioner's claims were procedurally defaulted or lacked merit, and therefore denied his petition for a writ of habeas corpus.
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N.D. Fla.·
2023-12-28
The court held that a pro se prisoner's failure to disclose prior federal habeas cases, even if not material to the current claims, warrants dismissal without prejudice as malicious under 28 U.S.C. § 1915(e)(2)(B)(i).
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M.D. Fla.·
2023-12-21
The court held that the petitioner's claims were procedurally defaulted and not excused by any exceptions, thus denying his petition for a writ of habeas corpus.
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A habeas corpus petition that appears to be abusive, repetitive, malicious, or frivolous may be dismissed, and the petitioner may be warned of potential sanctions for future similar filings.
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M.D. Fla.·
2023-12-20
The federal court denied a habeas corpus application because the claims were either procedurally defaulted or the state court's denial of the claims did not involve an unreasonable application of federal law.
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S.D. Fla.·
2023-12-19
The court held that the pro se plaintiff's complaint must be dismissed because it fails to state a claim, names improper defendants entitled to immunity, and raises an improper claim for excessive bail under § 1983. The motion to proceed in forma pauperis was also denied.
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M.D. Fla.·
2023-12-15
The federal court denied the petition for a writ of habeas corpus because the petitioner's Fourth Amendment claim was barred from federal review under Stone v. Powell.
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S.D. Fla.·
2023-12-15
Christopher Sutton, serving a life sentence for hiring someone to murder his parents, petitioned for federal habeas relief based on allegedly newly discovered evidence suggesting that a third party, not Sutton, had hired the perpetrator. The court dismissed the petition as time-b
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S.D. Fla.·
2023-12-14
David John Posta, convicted of DUI manslaughter in Florida, sought federal habeas relief challenging his conviction and 40-year sentence on multiple grounds, including claims that the trial court improperly considered an uncounseled Virginia conviction at sentencing and lacked ju
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The petition for writ of habeas corpus was dismissed.
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S.D. Fla.·
2023-12-07
The court held that a habeas petition must be dismissed if the petitioner is no longer in custody under the challenged conviction, failed to sign the petition, or failed to pay the filing fee or file a sufficient in forma pauperis motion.
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M.D. Fla.·
2023-12-04
The court denied the petition for a writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel was refuted by the record.
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Danny Hammond, an inmate convicted in 2015 of robbery with a weapon and sentenced to thirty years in prison, filed a federal habeas corpus petition challenging his conviction on seven grounds, primarily alleging ineffective assistance of trial counsel. The district court dismisse
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M.D. Fla.·
2023-11-29
A federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence if a § 2255 motion is available and adequate.
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The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2023-11-21
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel and due process violations were meritless.
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S.D. Fla.·
2023-11-20
The court held that a pro se prisoner's complaint, filed without paying the filing fee and based on frivolous claims, must be dismissed with prejudice under the three-strikes provision of 28 U.S.C. § 1915(g).
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M.D. Fla.·
2023-11-08
Tommy Lee Jones, convicted of fatally stabbing his wife Juanita Jones nine times in July 2013, sought federal habeas relief under 28 U.S.C. § 2254, raising ten grounds of ineffective assistance of counsel and other constitutional claims. The court denied his petition, finding tha
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period, as the conviction became final on December 3, 2014, and the petition was filed on March 14, 2021.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice. A certificate of appealability was denied.
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Fla.·
2023-10-26
A state prisoner who has filed over 300 meritless pro se petitions raising repetitive arguments previously rejected by the court has abused the court's judicial resources and may be sanctioned by requiring all future filings to be signed by a member of the Florida Bar.
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Fla.·
2023-10-26
A state prisoner who files a pattern of repetitive, meritless pro se petitions may be sanctioned by barring future filings related to the underlying case unless represented by a Florida Bar member.
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The petition for writ of habeas corpus is dismissed without prejudice because the petitioner failed to exhaust state remedies and the Younger abstention doctrine applies.
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M.D. Fla.·
2023-10-25
An inmate convicted of burglary in Duval County, Florida filed a federal habeas corpus petition raising seven grounds for relief, including claims of insufficient evidence, ineffective assistance of counsel, and sentencing errors. The district court denied the petition, finding t
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M.D. Fla.·
2023-10-20
The court held that the petitioner's claims were procedurally defaulted and, alternatively, failed on the merits due to a lack of prejudice from counsel's alleged errors.
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The appellate court affirmed the lower court's denial of a habeas corpus petition. The court found that habeas corpus is not an appropriate vehicle for raising issues that were or could have been raised on direct appeal, and the petition was untimely.
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Noni Jamil Stinson, a Florida inmate, sought federal habeas relief under 28 U.S.C. § 2254, challenging her 2013 state court conviction for manslaughter in the shooting death of her husband. The court denied her amended petition, which raised seven grounds for relief centered on c
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A second habeas corpus petition arising from the same underlying conviction must be denied and the petitioner cautioned against further frivolous filings on pain of sanctions.
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The court held that the petitioner's claims were either procedurally defaulted or without merit under AEDPA deference, and thus denied the petition for writ of habeas corpus.
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M.D. Fla.·
2023-10-02
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2023-09-29
Sheppard sought federal habeas corpus relief challenging his 1985 conviction for sexual battery with a deadly weapon, raising five grounds including claims that trial counsel provided ineffective assistance by failing to call alibi witnesses and objecting to hearsay testimony, an
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The State failed to establish good cause for extending a juvenile's secure detention beyond the initial 21-day period because it presented no competent evidence that additional prosecution time was needed and offered only conclusory assertions, without evidentiary support, that p
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M.D. Fla.·
2023-09-26
The court held that the state court's denial of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.