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.·
2023-03-02
The court held that the state court's decisions were not contrary to or an unreasonable application of federal law and were based on reasonable factual determinations, thus denying the petition for writ of habeas corpus.
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M.D. Fla.·
2023-02-28
The court held that the petitioner's claim that his guilty plea was involuntary due to misadvice on the maximum sentence was refuted by the record, as he was explicitly informed of the maximum sentence during the plea colloquy.
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M.D. Fla.·
2023-02-28
The court held that the petitioner's claims were either procedurally barred, not substantial enough to overcome procedural default, or that the state court's adjudication was not contrary to federal law or an unreasonable determination of facts.
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M.D. Fla.·
2023-02-21
The court denied the petition for a writ of habeas corpus, finding that the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied federal law, or based on an unreasonable determination of facts.
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N.D. Fla.·
2023-02-17
A petitioner must exhaust administrative remedies before seeking judicial review, even if the issue has broader implications.
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M.D. Fla.·
2023-02-16
Juan Carlos Cruz, a Florida inmate, sought federal habeas relief challenging his murder conviction, alleging trial counsel provided ineffective assistance by failing to investigate alternative defenses (insanity and excusable homicide) and by pursuing a mistaken-identity defense
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M.D. Fla.·
2023-02-16
The court held that the petitioner failed to demonstrate prejudice from his trial counsel's failure to redact a deposition transcript, and thus is not entitled to habeas relief on his ineffective assistance of counsel claim.
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Fla. 2d DCA·
2023-02-15
The appellate court denied John Bailey's petition for a writ of habeas corpus and restricted his future pro se filings related to a specific criminal case due to his history of numerous meritless petitions. The court found his filings burdened judicial resources and interfered wi
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S.D. Fla.·
2023-02-15
The court held that it lacked jurisdiction to hear a federal prisoner's habeas petition challenging a federal sentence enhanced by a prior state conviction, as the prisoner was not in custody pursuant to a state court judgment and no recognized exception applied.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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A violation of pretrial release conditions alone cannot support pretrial detention without specific factual findings that no conditions of release can reasonably protect the community from risk of harm, assure the accused's presence at trial, or ensure judicial integrity.
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The court held that the petitioner's motion to reopen the case was premature and therefore denied as moot, leading to dismissal of the petition without prejudice.
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M.D. Fla.·
2023-02-07
Thomas Moak, a Florida prisoner sentenced to three consecutive life sentences for murdering his father, mother, and sister, filed a federal habeas petition challenging his convictions on multiple grounds, including claims of ineffective assistance of counsel and challenges to evi
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M.D. Fla.·
2023-01-27
George Cyle Williamson Jr., a Florida prisoner convicted of manslaughter with a weapon, sought federal habeas corpus relief challenging his state conviction on grounds of trial court error and ineffective assistance of counsel, but the District Court for the Middle District of Fl
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The appellate court affirmed the trial court's dismissal of a federal prisoner's petition for a writ of habeas corpus. The prisoner sought to compel the resolution of a state detainer or its removal, but the court found it lacked the power to interfere with federal custody decisi
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The court denied the petition for a writ of habeas corpus and denied a certificate of appealability.
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M.D. Fla.·
2023-01-23
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-01-23
The court held that the state court's decision admitting the 911 recording was not contrary to or an unreasonable application of federal law, and that the claims of ineffective assistance of counsel were either procedurally defaulted or lacked merit.
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The court held that the petitioner's habeas petition was untimely and equitable tolling was not warranted because the attorney's misadvice, while negligent, did not rise to the level of abandonment or extraordinary circumstance required for tolling.
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M.D. Fla.·
2023-01-10
The court held that the state court's rejection of the petitioner's claim of ineffective assistance of counsel for failing to seek a competency evaluation was not contrary to federal law or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-01-03
Dixon challenged his state court convictions for aggravated assault with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm in a federal habeas corpus petition, raising seven grounds of error. The District Court denied the petition, finding
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The court held that the petitioner's claims were denied on the merits, as the state court's decisions were not contrary to federal law and were based on reasonable fact determinations, and thus habeas relief was not warranted.
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M.D. Fla.·
2023-01-03
A Florida state court jury convicted Grady Rodriguas Brye of sexual battery for an incident in which he used force and threats to force the victim to perform oral sex, and the trial court sentenced him to thirty years as a prison releasee reoffender. Brye's federal habeas corpus
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Fla. 1st DCA·
2022-12-20
The court recharacterized a habeas corpus petition as a petition for writ of mandamus, finding that the petitioner was seeking to enforce a procedural rule rather than challenging the legality of his detention. Because the petitioner had since been charged, the court found no cle
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The court held that a motion for recusal based on prior judicial rulings is meritless, and a habeas corpus petition under § 2241 is improper when the claims fall within the scope of § 2255 and a remedy under § 2255 is available.
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M.D. Fla.·
2022-12-09
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish actual innocence to overcome the statute of limitations.
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The appellate court dismissed a public defender's petition for a writ of certiorari challenging an administrative order for pre-bond mental health screenings. The court found it lacked jurisdiction because the public defender failed to demonstrate irreparable harm, a prerequisite
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Fla.·
2022-12-01
A state prisoner who repeatedly files meritless pro se petitions raising identical claims may be sanctioned by barring future filings on the same matter unless represented by Florida Bar counsel.
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Fla.·
2022-12-01
A state prisoner who has repeatedly filed meritless pro se petitions raising identical claims may be sanctioned by prohibiting future filings related to that conviction unless represented by a Florida Bar member.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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The court held that a petitioner may not simultaneously litigate duplicative habeas actions in two cases in the same court.
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The court held that a lone affidavit from a psychiatrist hired for post-hoc review is insufficient to create clear and convincing evidence of a substantial doubt as to competency to stand trial.
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S.D. Fla.·
2022-11-18
A federal district court dismissed and denied a habeas corpus petition challenging a 2014 Florida conviction for burglary and theft, finding that petitioner Forbes exhausted only two of his four claims, that one unexhausted claim was not a substantial claim under the Martinez exc
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S.D. Fla.·
2022-11-15
Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
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A petition for belated appeal may be granted to allow review of a postconviction order denying a habeas corpus petition.
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S.D. Fla.·
2022-11-10
The federal habeas petition is dismissed as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no exceptions apply.
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M.D. Fla.·
2022-11-03
Karla Davis challenged her state conviction for second-degree murder through a federal habeas petition, raising twenty-four grounds of ineffective assistance of counsel. The federal court denied all claims, finding that many were procedurally defaulted because Davis failed to bri
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S.D. Fla.·
2022-11-03
A federal district court denied a habeas corpus petition from Checkingson Sinclair, who was convicted in Florida state court of killing his pregnant wife and their unborn child. The court dismissed three claims as procedurally defaulted because Sinclair failed to exhaust them in
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M.D. Fla.·
2022-11-01
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2022-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling, nor did it present a claim of actual innocence sufficient to overcome the time bar.
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M.D. Fla.·
2022-10-26
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, nor an unreasonable application of, federal law, and were not based on an unreasonable determination of the facts.
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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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S.D. Fla.·
2022-10-21
The federal court dismissed a pretrial detainee's habeas petition because the Younger abstention doctrine barred intervention in an ongoing state criminal prosecution.
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Paul Conley appealed the dismissal of his habeas corpus petition challenging his placement in close management by the Department of Corrections. The trial court dismissed the petition as raising the same or similar arguments as a previous petition, but the appellate court reverse
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S.D. Fla.·
2022-10-05
Sean Perri challenged his Florida convictions and thirty-year sentence for multiple counts including fleeing to elude police, drug possession, and felon-in-possession charges by filing a federal habeas petition claiming ineffective assistance of counsel. The court dismissed thirt
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A criminal defendant generally cannot proceed pro se while represented by counsel.
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M.D. Fla.·
2022-09-22
The court held that the petitioner failed to demonstrate that the state court unreasonably denied his claim of ineffective assistance of trial counsel regarding an untimely motion to disqualify the judge.
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M.D. Fla.·
2022-09-15
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.·
2022-09-12
A motion to transfer venue within a district under 28 U.S.C. § 1404(a) and Local Rule 1.04(b) was denied because the moving party failed to demonstrate that the convenience factors weighed in favor of transfer, and an intra-district transfer under § 1404(b) requires consent of al