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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Fla. 3d DCA·
2022-08-05
When a trial court finds after an Arthur hearing that proof is not evident nor presumption great, it cannot order detention without bond and must instead conduct a rule 3.131 pretrial release hearing.
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M.D. Fla.·
2022-08-02
A Florida prisoner, Shola McCarthy, sought federal habeas relief challenging his conviction for robbery while using a police scanner, which resulted in a 27-year sentence, claiming insufficiency of evidence, prosecutorial misconduct, ineffective assistance of trial and appellate
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The court requires a supplemental declaration from respondents to further understand delays in obtaining travel documents for deportation.
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M.D. Fla.·
2022-07-27
Anthony Vaughan, an inmate convicted of two counts of first-degree murder in 2010, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising four grounds for relief including claims of ineffective assistance of counsel. The district court denied the petition on
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Fla. 3d DCA·
2022-07-27
A defendant detained for 33 days without charges being filed must be released on her own recognizance under Rule 3.134, and the subsequent filing of additional misdemeanor charges arising from the same criminal episode does not constitute changed circumstances or new evidence jus
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M.D. Fla.·
2022-07-26
The court held that the petitioner's claims did not meet the standard for federal habeas corpus relief under 28 U.S.C. § 2254, as the state court decisions were 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.·
2022-07-22
Melendez challenged his state convictions for drug trafficking and related offenses through a federal habeas corpus petition, asserting five grounds of ineffective assistance of counsel, including claims that his trial attorney failed to communicate a plea offer, obtain an interp
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M.D. Fla.·
2022-07-22
The court held that the applicant's amended habeas application was untimely as to one ground and that the state court's denial of the remaining ineffective assistance of counsel claim was not an unreasonable application of federal law or determination of facts.
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S.D. Fla.·
2022-07-19
The court denied Petitioner's Petition for a Writ of Habeas Corpus, finding most claims procedurally defaulted and the remaining claims without merit.
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M.D. Fla.·
2022-07-12
The court denied the petition for writ of habeas corpus, finding the state court's adjudication of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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The court held that the plaintiff's complaint fails to state a claim against any defendant and must be dismissed.
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The court held that Grounds One, Three, and Four were untimely filed and Ground Two was procedurally barred and also failed on the merits.
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The court cautioned the petitioner that further repetitive, frivolous, or abusive pro se filings regarding the same case may result in sanctions including a bar on pro se filing and referral for disciplinary proceedings.
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M.D. Fla.·
2022-07-01
The court held that a habeas petitioner must demonstrate a high probability of success on a substantial constitutional claim and extraordinary circumstances to be granted release on bond pending appeal.
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Fla. 1st DCA·
2022-06-29
This case concerns a habeas petition challenging a local administrative order for "pre-bond mental health screening." The court found that the petitioner's detention for such screening was lawful, drawing guidance from a Florida Supreme Court decision that allows trial courts to
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Fla. 4th DCA·
2022-06-22
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The appellate court affirmed the dismissal of a habeas corpus petition, finding that the appellant abandoned his original claims by failing to raise them on appeal and that new claims were procedurally barred. The court also deemed the appeal frivolous and cautioned the appellant
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M.D. Fla.·
2022-06-21
The court held that Beiler's claims were procedurally defaulted and that he failed to establish cause or prejudice to overcome the default. His claim regarding ineffective assistance of counsel for failing to strike the jury panel was also denied.
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S.D. Fla.·
2022-06-14
Esdras Cardona's federal habeas petition challenging his 2007 Florida conviction for sexual battery and burglary was dismissed in part and denied in part because his claim about inadequate hearings on newly discovered evidence raised only state law issues and his remaining ineffe
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S.D. Fla.·
2022-06-10
The court held that Ground One of the habeas petition is procedurally defaulted due to failure to exhaust federal claims in state court, and Ground Two is denied because the state court's finding of harmless error was not an unreasonable application of federal law.
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S.D. Fla.·
2022-06-07
Tyshon Renford's federal habeas petition challenging his Florida state-court conviction for armed kidnapping, robbery with a firearm, and armed carjacking was dismissed as to one claim for failure to exhaust state remedies and denied as to two remaining claims on the merits. The
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S.D. Fla.·
2022-06-06
The court held that a motion to vacate under 28 U.S.C. § 2255 is only cognizable if it seeks release from custody, and challenges to forfeiture or restitution are not sufficient. Furthermore, the court held that the petitioner's prior filings did not relate back to the current mo
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The court held that a pro se habeas petition must be dismissed without prejudice because it contains unexhausted claims and the petitioner failed to pay the filing fee or submit a sufficient motion to proceed in forma pauperis.
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William St. Claire sought federal habeas relief under 28 U.S.C. § 2254, claiming constitutional violations at his trial for aggravated assault with a firearm, including denial of funds for a communications expert, improper exclusion of evidence regarding his reasons for visiting
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The court held that the state appellate court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-06-01
The court denied the petition for a writ of habeas corpus, finding that the state court's decision denying relief was not contrary to or an unreasonable application of federal law and was not based on an unreasonable determination of facts.
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M.D. Fla.·
2022-05-31
The federal court denied the habeas corpus petition, finding the state court's decisions on ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2022-05-26
The court held that Younger abstention doctrine compelled dismissal of the federal habeas petition due to an ongoing state civil commitment proceeding that is akin to a criminal prosecution.
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M.D. Fla.·
2022-05-23
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and neither equitable tolling nor actual innocence provided a basis for review.
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M.D. Fla.·
2022-05-22
The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence when the § 2255 remedy is available and adequate.
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S.D. Fla.·
2022-05-20
The federal court must abstain from hearing a pretrial detainee's habeas corpus petition challenging his state prosecution due to the Younger abstention doctrine.
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The court held that respondents' motion for reconsideration was untimely and failed to present grounds for relief, as the arguments raised should have been made in a timely response and did not demonstrate manifest error of law or fact.
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The court denied the petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2022-05-16
The court held that a federal prisoner cannot use a § 1983 action to challenge the fact or duration of his confinement, and such claims are barred by abstention doctrines.
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M.D. Fla.·
2022-05-12
A federal court may not entertain a habeas corpus petition challenging an expired state conviction unless the petitioner demonstrates the applicability of an exception, such as denial of counsel or new evidence of actual innocence.
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S.D. Fla.·
2022-05-06
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts, thus denying the habeas petition.
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The court held that a federal district court cannot grant a § 2241 petition unless the petitioner has exhausted all available state remedies.
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The court held that the petitioner's habeas corpus petition was untimely filed and that his claim of actual innocence did not overcome the untimeliness because it amounted to legal innocence, not factual innocence.
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M.D. Fla.·
2022-04-28
Florida prisoner Steven Beebe filed a federal habeas petition challenging his 2014 conviction for aggravated stalking and violation of court orders stemming from repeated phone calls and online harassment of a woman and her daughter after being placed on a no-contact order. The c
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N.D. Fla.·
2022-04-28
The court adopted the magistrate judge's recommendation to dismiss the case because the plaintiff is a "three-striker" under the PLRA and did not pay the filing fee or demonstrate imminent danger.
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N.D. Fla.·
2022-04-25
The court held that the petitioner received procedural due process in her prison disciplinary proceeding and that the decision was supported by some evidence.
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M.D. Fla.·
2022-04-25
The court held that Petitioner's claims were procedurally defaulted and barred from federal habeas review because he failed to raise them properly in state court and did not demonstrate cause, prejudice, or a fundamental miscarriage of justice.
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M.D. Fla.·
2022-04-20
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.·
2022-04-20
The court held that the petitioner's federal habeas corpus petition was untimely filed because his state court appeal was dismissed as untimely, meaning the limitations period was not tolled.
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Fla. 5th DCA·
2022-04-19
A defendant charged with a non-capital, non-life offense is entitled to pretrial release on reasonable conditions unless the State files a motion for pretrial detention demonstrating that the exceptions apply.
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M.D. Fla.·
2022-04-13
A federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 if a motion under 28 U.S.C. § 2255 is available.
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M.D. Fla.·
2022-04-12
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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The court held that the federal habeas petition was untimely filed because it was filed after the one-year limitations period, as expired state postconviction filings did not toll the period.