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 federal court denied the petition for a writ of habeas corpus, affirming the magistrate judge's recommendation that the state court's denial of the double jeopardy claim was not contrary to federal law or based on an unreasonable determination of facts.
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The court denied the motion for a stay of abeyance and granted leave to file an amended petition containing only exhausted claims.
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The court held that a federal habeas petitioner challenging unaffordable bail must demonstrate the trial court's ruling was not rationally related to a legitimate government interest, and that the state court complied with procedural due process by considering less restrictive al
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Fla.·
2022-03-24
An inmate who files a pattern of meritless pro se petitions may be sanctioned by barring future filings related to the same case unless signed by a member of the Florida Bar.
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M.D. Fla.·
2022-03-23
A Florida prisoner convicted of first-degree murder for killing a taxi driver challenged his conviction through federal habeas corpus, arguing trial court error in denying his motion to suppress his police interrogation statement and that his trial counsel was ineffective for fai
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Jose Miguel Cebez petitioned for a writ of habeas corpus, challenging the trial court's jurisdiction to enforce a plea agreement requiring him to serve eighteen months in prison after completing his five-year probation term. The court denied the petition, holding that the trial c
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The court held that Petitioner is not entitled to release from immigration custody because he failed to establish a significant likelihood that removal will not occur in the reasonably foreseeable future, and he is not entitled to a bond hearing as individuals detained under 8 U.
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The court held that Claim 1 is procedurally defaulted because the federal nature of the claim was not presented to the state court on direct appeal, and Claims 2-6 are exhausted as they were fairly presented in state post-conviction proceedings.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2022-03-08
The Court denies the petition for a writ of habeas corpus and a certificate of appealability, finding that the petitioner's claims were either procedurally barred, failed to meet the AEDPA's deferential standard of review, or were not cognizable on federal habeas.
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The court held that prolonged detention without a bond hearing violates due process, and the prior bond hearing was void, entitling the petitioner to a new hearing.
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A trial court must conduct a pretrial release hearing and set a bond when the State has not motioned for pretrial detention.
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N.D. Fla.·
2022-02-28
The court held that it lacked jurisdiction to consider the inmate's request for compassionate release and that a civil action was not the proper vehicle to challenge the service of her sentence.
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The court held that while mandatory detention under 8 U.S.C. § 1226(c) can be constitutionally permissible, an alien detained for an unreasonably prolonged period is entitled to a bond hearing before an Immigration Judge. The alien bears the burden of proof at this hearing.
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The appellate court reviewed the dismissal of a motion challenging habitual felony offender sentences. While affirming the dismissal of one claim, the court found the habitual offender designation on life felony sentences for armed kidnapping to be illegal due to an unconstitutio
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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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When a trial court lacks sufficient evidence to find that an incompetent defendant qualifies for involuntary commitment, the court may only modify the defendant's conditions of release, not revoke the release entirely.
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The appellate court granted petitions for writ of habeas corpus, finding that the trial court abused its discretion by revoking a married couple's bonds based on a violation of a broad no-contact condition. The court held that such sweeping restrictions on marital rights are gene
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M.D. Fla.·
2022-02-17
The court held that the petitioner's claims regarding his second conditional release and the extension of his sentence expiration date were without merit under state law, and thus not grounds for federal habeas relief.
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Fla. 1st DCA·
2022-02-16
The appellate court affirmed the denial of a habeas corpus petition filed by Roosevelt Carroll Jr. challenging his 2006 conviction. The court found the petition to be meritless and frivolous, noting Carroll's history of filing similar unsuccessful appeals.
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A litigant who abuses the judicial process through abusive, repetitive, malicious, or frivolous pro se filings may be prohibited from filing further pro se pleadings in a particular case to conserve judicial resources.
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The court held that the pro se plaintiff's complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, warranting dismissal without prejudice.
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S.D. Fla.·
2022-01-31
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, did not meet the required legal standards.
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Fla. 5th DCA·
2022-01-28
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking a judgment and sentence may be prohibited from future pro se filings to conserve judicial resources.
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M.D. Fla.·
2022-01-27
The court held that Zink waived his claims by pleading guilty and that his statements were admissible under Miranda, as his reference to a lawyer was equivocal and he impliedly waived his rights.
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M.D. Fla.·
2022-01-24
Florida inmate Terry Glenn Loftin challenged his sexual battery convictions through federal habeas corpus, raising claims including inadequate Miranda warnings, Brady violations, ineffective assistance of counsel regarding competency investigations and trial strategy, and discove
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The court held that it lacks jurisdiction to consider a second or successive habeas petition without prior authorization from the Eleventh Circuit.
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The appellate court affirmed the trial court's denial of a habeas corpus petition, which was treated as a motion for postconviction relief. The court found the petition untimely, procedurally barred, and meritless, and warned the appellant about future frivolous filings.
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S.D. Fla.·
2022-01-19
The court held that the petitioner failed to state a claim for relief in his habeas petition because he did not adequately allege the trigger date for the removal period and his conditions of confinement claim is not cognizable in a habeas petition.
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The trial court properly dismissed Rodriguez's petition for writ of habeas corpus.
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Jason Andrew Simpson, a death row inmate convicted of murdering two people in 1999 based primarily on circumstantial DNA evidence and a witness confession, prevailed on a Brady violation claim when the State failed to disclose that the key defense witness was a confidential infor
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M.D. Fla.·
2022-01-13
Antonio Garrett, convicted of first-degree murder in a 2013 shooting death, sought federal habeas relief challenging a jury instruction that conditioned his self-defense claim on a duty to retreat based on his status as a felon in illegal possession of a firearm. The federal cour
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M.D. Fla.·
2022-01-03
The court held that the petitioner's habeas corpus petition was untimely filed and not eligible for equitable tolling.
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M.D. Fla.·
2021-12-30
The court held that a habeas petition challenging a judgment that has been vacated and will be subject to resentencing should be dismissed without prejudice as not ripe for review. A new petition can be filed after the new sentence is final.
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A petitioner whose habeas corpus filings are abusive, repetitive, malicious, or frivolous may be sanctioned with a bar on pro se filings and referral for disciplinary proceedings.
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The appellate court affirmed the denial of a habeas corpus petition filed by Ruthey Twana Hayes. The court found the petition to be untimely, successive, and without merit, upholding the lower court's decision.
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Federal habeas relief is denied because the state court's adjudication of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of clearly established federal law, nor based on an unreasonable determination of the facts.
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S.D. Fla.·
2021-12-10
The court affirmed the magistrate judge's report and recommendation, denying the habeas petition and finding no substantial showing of the denial of a constitutional right.
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Fla. 5th DCA·
2021-12-10
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking a judgment and sentence may be prohibited from future pro se filings to conserve judicial resources.
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The petition for a writ of habeas corpus is dismissed as untimely because it was filed after the one-year limitations period expired and the petitioner failed to establish entitlement to equitable tolling or the actual innocence exception.
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N.D. Fla.·
2021-12-06
The court accepted the Magistrate Judge's report and recommendation, denying the petitioner's motion for leave to file a second amended habeas petition and denying the amended habeas petition.
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When a circuit court finds an inmate eligible for incentive gain-time, the Department of Corrections must redetermine the inmate's gain-time awards and sentence completion date rather than wholly denying relief based on discretionary authority.
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Martinez Watts appealed the denial of his habeas corpus petition challenging the validity of his 2013 arrest for burglary of a dwelling, to which he pleaded guilty in 2014. The court affirmed the denial, holding that habeas corpus cannot be used as a substitute for postconviction
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Fla. 3d DCA·
2021-11-03
A trial court must conduct an evidentiary hearing and take evidence on all statutory factors, including the defendant's financial resources, before denying a motion for bond reduction.
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S.D. Fla.·
2021-10-28
The court held that federal courts must abstain from interfering with ongoing state criminal proceedings when adequate state remedies exist.
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M.D. Fla.·
2021-10-25
Charlie Vernon Small, Jr. appealed his conviction for violation of probation in a sex offender case by filing a federal habeas petition claiming his trial counsel was ineffective under the Sixth Amendment on nine separate grounds. The district court denied the petition, finding t
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Fla.·
2021-10-21
Trial counsel did not render deficient performance by introducing a portion of Smith's interrogation containing references to lack of remorse, as it was a sound strategic decision to show detective misconduct; counsel was not deficient in stipulating to booking photographs with w
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A petitioner whose habeas corpus filings are abusive, repetitive, malicious, or frivolous may be sanctioned with a bar on pro se filings and referral for disciplinary proceedings.
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N.D. Fla.·
2021-10-12
Joey Smelley sought federal habeas relief under 28 U.S.C. § 2254, challenging his convictions for home invasion robbery and other felonies based on claims that his trial and collateral counsel were ineffective. The District Court for the Northern District of Florida denied the pe
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N.D. Fla.·
2021-10-07
A federal prisoner seeking to collaterally attack the validity of a conviction and 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 in the district of confinement, unless the § 2255 remed