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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Competent evidence supporting a finding that preservation of public safety warrants extended secure detention satisfies section 985.26(2)(b), and a trial court's written finding via box-check designation constitutes the required written findings under the statute.
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A prisoner lacks a constitutionally protected liberty interest in his place of confinement, and challenges to the location of confinement do not present a viable claim for relief under 28 U.S.C. § 2241.
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S.D. Fla.·
2023-06-15
The court accepted the magistrate judge's report and recommendation, denying the petitioner's habeas corpus petition on the merits.
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M.D. Fla.·
2023-06-13
A Florida jury convicted Damien Freeman of attempted first-degree murder based on evidence including the victim's in-court identification, DNA evidence placing Freeman at the crime scene, and firearms analysis, and Freeman's subsequent federal habeas petition challenging fifteen
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M.D. Fla.·
2023-06-13
The court held that the petitioner's claim for additional gain time credit became moot upon his release from prison, as it could no longer affect the length of his completed sentence.
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M.D. Fla.·
2023-06-09
The court held that a petitioner's failure to exhaust administrative remedies requires dismissal of a § 2241 petition, even if the petitioner claims futility, unless extraordinary circumstances are shown.
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The court denied the petition for writ of habeas corpus, finding claims procedurally defaulted or not cognizable in federal court.
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The court held that the applicant failed to exhaust administrative remedies, and his underlying due process claim also lacked merit.
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A federal prisoner challenging the validity of his conviction or sentence must file a motion under 28 U.S.C. § 2255 in the sentencing court, not a petition for a writ of habeas corpus under 28 U.S.C. § 2241, unless the § 2255 remedy is inadequate or ineffective.
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M.D. Fla.·
2023-05-26
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, even if that claim has been previously rejected.
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The Florida Supreme Court affirmed the denial of a death row inmate's postconviction relief motion, holding that recent U.S. Supreme Court decisions on intellectual disability and jury findings for death penalty eligibility do not apply retroactively to his case. The court also d
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A prisoner's pattern of filing repetitious and frivolous postconviction appeals and petitions constitutes an abuse of the judicial process warranting sanctions, including potential prohibition of pro se filings.
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M.D. Fla.·
2023-05-23
The court held that the state court reasonably rejected the petitioner's claims of ineffective assistance of counsel, as the record did not support allegations of deficient performance or prejudice under Strickland v. Washington, and the state court's decisions were not contrary
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A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings may be barred from future pro se filings in a particular case to conserve judicial resources.
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M.D. Fla.·
2023-05-15
The court held that the petition for a writ of habeas corpus is moot because the petitioner has been released from custody and has received the relief sought.
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S.D. Fla.·
2023-05-10
The court held that the petitioner's claims were procedurally defaulted or meritless, and the state court's decisions were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-05-04
A Florida prisoner was convicted of aggravated battery and assault following a jury trial for a violent altercation with his ex-girlfriend, and the federal district court denied his habeas corpus petition, finding that most of his claims were either procedurally barred for failur
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A trial court must provide advance notice to a defendant, through counsel, that his presence in court is required before issuing a bench warrant.
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M.D. Fla.·
2023-04-28
The Court held that the petitioner's ineffective assistance of counsel claim was procedurally defaulted and not substantial enough to overcome the default, as the alleged new evidence was cumulative and unlikely to change the outcome.
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M.D. Fla.·
2023-04-26
A federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his conviction or sentence when the § 2255 remedy is available and adequate.
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The court denied a petition for writ of habeas corpus, holding that a parent could be charged with interference with child custody under section 787.03(1), Florida Statutes, even if they retain parental rights. The court found the statute's plain language applied broadly to "whoe
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The petition for habeas corpus relief is denied because the petitioner has not been detained beyond the presumptively reasonable period and has not shown a lack of significant likelihood of removal.
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A circuit court lacks jurisdiction to consider a petition for writ of habeas corpus that collaterally attacks a judgment and sentence imposed in a different judicial circuit.
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M.D. Fla.·
2023-04-17
The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than one year after the facts supporting his claim were discoverable.
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M.D. Fla.·
2023-04-12
The court held that the pro se habeas petition is frivolous and lacks merit, denying relief.
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The appellate court clarified the appealability of pre-judgment contempt orders. It held that such orders are only appealable as nonfinal orders if the sanction imposed falls within specific categories listed in Florida Rule of Appellate Procedure 9.130(a)(3). Otherwise, review m
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Pre-judgment contempt orders are appealable as nonfinal orders only if the sanction falls within the enumerated subsections of Florida Rule of Appellate Procedure 9.130(a)(3); a finding of contempt alone does not qualify.
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A trial court's pre-trial detention order is legal and not subject to discharge on habeas corpus when the defendant has violated a condition of release and the court exercises its statutory discretion under Florida Statute § 907.041(4)(c)7 to find that no conditions of release ca
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S.D. Fla.·
2023-04-11
The court held that the petitioner's claims were largely procedurally defaulted or denied on the merits by state courts, and federal habeas relief was not warranted under AEDPA's deferential standard.
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The court held that the petitioner's Miranda claim is procedurally defaulted and barred from federal habeas review because it was not exhausted in state court and no exceptions apply.
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S.D. Fla.·
2023-03-31
The federal court denied the petition for writ of habeas corpus, finding no unreasonable application of federal law or unreasonable determination of facts by the state courts regarding the petitioner's claims.
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S.D. Fla.·
2023-03-31
The court held that the petitioner's claims in Ground One were procedurally defaulted because he failed to present the federal nature of the claims to the state court and did not establish cause and prejudice or actual innocence. Ground Two, alleging ineffective assistance of cou
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M.D. Fla.·
2023-03-30
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either procedurally defaulted or failed on the merits.
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M.D. Fla.·
2023-03-29
Roberto Hernandez, a Florida prisoner, sought federal habeas corpus relief under 28 U.S.C. § 2254 based on claims of insufficient evidence and ineffective assistance of trial counsel in connection with his convictions for robbery, kidnapping, and extortion. The court denied Herna
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The court held that the petitioner's second amended petition for a writ of habeas corpus was time-barred under AEDPA, and equitable tolling was not warranted due to his lack of diligence in complying with court orders and filing requirements.
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M.D. Fla.·
2023-03-28
Michael Glenn was in the trial on trial-related murder trial, the prosecutor obtained Lanier's sworn testimony claiming he never discussed Glenn's case with Glenn, when the prosecutor then impeached him with a recorded jail call showing such a discussion. Lanier was convicted of
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S.D. Fla.·
2023-03-27
The court held that the petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and must be dismissed.
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A trial court lacking probable cause to order drug testing cannot use the positive test result to revoke bond conditions, and probable cause to order drug testing requires either sworn authentication of an informant's tip with corroboration, or personal observation of impairment
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M.D. Fla.·
2023-03-24
Juan Ivan Rodriguez, a state prisoner convicted of five counts of manslaughter while driving under the influence and five counts of reckless driving, filed a federal habeas petition challenging his convictions and consecutive life sentences, raising claims of ineffective assistan
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M.D. Fla.·
2023-03-22
The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2023-03-20
The court held that the petitioner failed to show that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-03-10
The court denied the petition for writ of habeas corpus, finding the claims procedurally defaulted and, in the alternative, without merit under AEDPA standards.
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M.D. Fla.·
2023-03-09
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it.
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The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of the facts.
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N.D. Fla.·
2023-03-06
The court adopted the magistrate judge's recommendation, denying habeas relief and a certificate of appealability.
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M.D. Fla.·
2023-03-03
A Florida court convicted Bowen of armed burglary and grand theft, sentencing him to life imprisonment, and he subsequently filed a federal habeas petition challenging his conviction and raising claims of illegal arrest, Miranda violations, improper jury instructions, and ineffec
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M.D. Fla.·
2023-03-02
A Florida prisoner convicted of burglary was denied federal habeas corpus relief on all twenty grounds of his ineffective assistance of counsel and sufficiency of evidence claims. The court found that his DNA on an open Mountain Dew can found in the bar the morning after the burg