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.·
2023-09-25
A federal court rejected Jonas Tramell Griffin's habeas corpus petition challenging his conviction for robbery with a firearm and other felonies related to a 2014 Family Dollar store robbery in Florida. The court found that Griffin failed to exhaust one claim, and all remaining c
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A habeas corpus petition filed in circuit court that alleges entitlement to immediate release must be filed in the circuit court of the county where the prisoner is detained, not the county where he was convicted.
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The court denied the Petitioner's motion to alter or amend the judgment and his request for a certificate of appealability.
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M.D. Fla.·
2023-09-22
Zeigler, a Florida prisoner convicted of first-degree murder in the death of a two-year-old child, sought federal habeas relief under 28 U.S.C. § 2254 challenging his conviction on grounds of insufficient evidence, trial court errors, and ineffective assistance of counsel. The di
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M.D. Fla.·
2023-09-20
A Florida prisoner challenged his convictions for assaulting and resisting a law enforcement officer, arguing the evidence was insufficient and his trial counsel was ineffective, but the federal district court denied his § 2254 habeas petition because the sufficiency-of-evidence
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The court held that the petitioner's claims for vacating his sentence were meritless, procedurally defaulted, or contradicted by the record, and thus his motion to vacate, set aside, or correct sentence was denied.
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M.D. Fla.·
2023-09-14
The court held that the petitioner's claims were unexhausted and procedurally barred, or alternatively, that the state court's adjudication was entitled to deference and not contrary to federal law.
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S.D. Fla.·
2023-09-11
The court held that the petitioner failed to exhaust administrative remedies and, alternatively, that the Bureau of Prisons properly calculated his earned time credits.
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M.D. Fla.·
2023-09-11
The court held that the magistrate judge's denial of the petitioner's motion for release pending his habeas corpus action was not clearly erroneous or contrary to law.
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M.D. Fla.·
2023-09-07
The court held that the petitioner's motion for reconsideration was denied because the prior order dismissing his Brady claim as procedurally barred was not final and the state court's application of the procedural bar was not incorrect.
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A federal court cannot grant habeas corpus relief under 28 U.S.C. § 2241 for a violation of state procedural rules or if the claim is moot, and requires exhaustion of state remedies.
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M.D. Fla.·
2023-08-25
The court held that a federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 if the remedy under 28 U.S.C. § 2255 is available and adequate.
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M.D. Fla.·
2023-08-24
Joseph Durham, convicted of sexual battery of a child and other crimes, sought federal habeas relief under 28 U.S.C. § 2254, claiming his trial counsel provided ineffective assistance in eight ways, including failing to file a motion to recuse the trial judge, neglecting to hire
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A trial court may dismiss a habeas corpus petition when the petitioner seeks relief that would be untimely as a postconviction motion, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion lacking new grounds for reli
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The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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The court held that 8 U.S.C. § 1252(g) bars federal jurisdiction over a habeas corpus petition challenging an arrest and custody that arise from the commencement of removal proceedings, even if the underlying status rescission is also challenged.
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A trial court may not place a juvenile alleged to be delinquent in secure detention based solely on the unavailability of more appropriate facilities, even when the juvenile has been found incompetent to proceed and is awaiting placement in a community treatment program. Section
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A habeas corpus petition may be dismissed when it seeks relief that would be untimely as a postconviction motion, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion without new grounds for relief.
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M.D. Fla.·
2023-08-15
David Disdier challenged his state convictions for racketeering conspiracy, drug trafficking conspiracy, and related offenses on federal habeas review, but the district court found most of his claims procedurally defaulted and rejected his ineffective assistance of counsel claims
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M.D. Fla.·
2023-08-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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M.D. Fla.·
2023-08-14
Mario Cardenas petitioned for federal habeas corpus relief challenging his state court convictions for conspiracy to purchase cocaine and attempted cocaine trafficking, claiming the trial court violated his rights by denying disclosure of a confidential informant's identity and a
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M.D. Fla.·
2023-08-14
The court held that the petitioner's motion for relief from a prior federal habeas denial, filed over thirty-five years later, was untimely under Rule 60(b)(2) and (3) of the Federal Rules of Civil Procedure.
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S.D. Fla.·
2023-08-10
The court held that the petitioner's claims of ineffective assistance of counsel regarding his decision to testify and a rejected plea offer were without merit, and the cumulative error claim also failed.
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S.D. Fla.·
2023-08-08
The court accepted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Section 2254 Habeas Petition and denying a certificate of appealability.
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S.D. Fla.·
2023-08-04
The court held that the petitioner's claims were adjudicated on the merits by the state court and did not meet the high bar for federal habeas relief under AEDPA, as counsel's strategic decisions were reasonable and motions to suppress would have been futile.
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M.D. Fla.·
2023-08-02
Herman Paul Solano sought federal habeas relief under 28 U.S.C. § 2254, challenging his St. Johns County convictions for violations of pretrial release, aggravated battery, false imprisonment, shooting into a building, and burglary with an assault or battery. The court denied all
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S.D. Fla.·
2023-08-02
The court held that the petitioner's habeas claims were procedurally barred due to failure to exhaust state remedies and lack of cause or prejudice, and alternatively, the claims failed on the merits.
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M.D. Fla.·
2023-08-02
Mario Ayende-Rios sought federal habeas relief challenging his convictions on twelve drug-related offenses, arguing ineffective assistance of counsel and sufficiency of the evidence based on entrapment defenses. The court denied all seven grounds for relief, finding that most cla
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M.D. Fla.·
2023-07-27
The court held that a federal prisoner cannot use a § 2241 petition to challenge the validity of his sentence when a § 2255 motion is available.
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M.D. Fla.·
2023-07-21
A federal district court lacks jurisdiction to entertain a second or successive habeas corpus petition without prior authorization from the appropriate court of appeals.
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M.D. Fla.·
2023-07-20
Candace Jackson challenged her St. Johns County conviction for second-degree murder, attempted second-degree murder, and aggravated battery through a federal habeas corpus petition under 28 U.S.C. § 2254, raising eleven grounds alleging ineffective assistance of counsel and insuf
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M.D. Fla.·
2023-07-19
The district court denied a former soldier's petition for a writ of habeas corpus, finding that his claims were either procedurally barred due to failure to exhaust military remedies or had been fully and fairly considered by the military courts.
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M.D. Fla.·
2023-07-17
The court held that it lacks jurisdiction to consider a second or successive federal habeas corpus petition unless the petitioner obtains prior authorization from the appropriate court of appeals.
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A petition for belated appeal may be granted and the appellate opinion itself may serve as notice of appeal from the underlying trial court order.
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A circuit court has statutory authority under section 985.26(2)(b), Florida Statutes, to extend a juvenile's secure detention for an additional 21-day period after the initial 21-day detention expires, based on the totality of circumstances including public safety preservation, w
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The appellate court denied Jean Gerome's petition for a writ of habeas corpus. The court found that each of the six issues raised in the petition should have been addressed in prior proceedings, such as direct appeal or post-conviction relief motions, and therefore were not cogni
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This case concerns a juvenile seeking release from extended secure detention. The appellate court held that the juvenile court had the authority to extend the detention based on the totality of the circumstances, including public safety, even if the initial detention period had t
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A successive habeas corpus petition must be denied when all six grounds for relief should have been raised either on direct appeal or in a Rule 3.850 post-conviction motion, and habeas corpus cannot be used to circumvent applicable procedural time limits or to relitigate previous
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Fla. 2d DCA·
2023-07-12
A first appearance judge is bound by this court's precedent in Benoit v. Hoffman and lacks authority to revoke bond in a prior pending case assigned to a different judge, regardless of the judge's disagreement with the precedent's statutory analysis.
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M.D. Fla.·
2023-07-12
A federal prisoner's petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging the Bureau of Prisons' calculation of sentence credits must be dismissed if the prisoner has failed to exhaust administrative remedies and does not demonstrate futility or exceptional cir
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N.D. Fla.·
2023-07-11
A parolee remains 'in custody' for purposes of federal habeas corpus review under § 2254, and thus parole status does not toll the one-year limitation period.
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S.D. Fla.·
2023-07-10
Michael David Martinez challenged his conviction for attempted first-degree murder and firearms offenses by seeking federal habeas corpus relief, arguing that the state trial court violated the Double Jeopardy Clause by denying his motion to dismiss based on prosecutorial miscond
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M.D. Fla.·
2023-07-03
Daniel Brunette, a Florida inmate convicted of second-degree murder, filed a federal habeas petition challenging his conviction and alleging that his trial counsel was ineffective in several respects. The district court denied all nine grounds for relief, finding that the evidenc
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The court held that the petitioner's pro se filings constituted an abuse of judicial resources, warranting sanctions.
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The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
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The court held that a federal habeas corpus action under 28 U.S.C. § 2241 is premature if the petitioner has not first exhausted available state court remedies.
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M.D. Fla.·
2023-06-23
The court held that a petitioner's failure to exhaust administrative remedies for earned time credits under the First Step Act warrants dismissal of a § 2241 petition, absent demonstrated futility or extraordinary circumstances.