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 court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period and denied equitable tolling.
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The State's transfer of juvenile allegations to criminal court does not constitute a change in circumstances sufficient to satisfy the good cause requirement for modifying bond, where the transfer was statutorily required and the potential sentencing exposure should have been kno
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A habeas corpus petition concerning a defendant's incarceration must be filed in the circuit court of the county where the defendant is incarcerated.
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Fla. 2d DCA·
2021-09-29
The dismissal of Alvarez's habeas corpus petition was affirmed.
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Fla. 1st DCA·
2021-09-29
The First District Court of Appeal dismissed Wims' habeas corpus petition as frivolous, holding that habeas corpus is not a vehicle for relitigating issues that should have been raised on direct appeal or in rule 3.850 proceedings, and imposed sanctions for his pattern of repetit
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M.D. Fla.·
2021-09-29
Federal habeas relief is available only for constitutional violations, not state law errors, and claims not properly presented to state courts are procedurally barred unless cause and prejudice or manifest injustice is shown.
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Fla. 1st DCA·
2021-09-29
A trial court may dismiss a habeas petition when the petitioner seeks relief that is untimely under postconviction rules, raises claims that could have been raised at trial or on direct appeal, or constitutes an impermissible successive motion.
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S.D. Fla.·
2021-09-24
The court ordered the pro se petitioner to cure deficiencies in his habeas corpus petition, including paying the filing fee or filing a motion to proceed in forma pauperis, and to file an amended petition that complies with pleading rules and page limits.
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N.D. Fla.·
2021-09-24
The court recommended transferring the habeas corpus petition to the Middle District of Florida, Orlando Division, as the district of conviction is the most convenient venue.
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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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S.D. Fla.·
2021-09-24
The court held that the petitioner failed to demonstrate manifest injustice or clear error to warrant reconsideration of the dismissal of his habeas petition and denied the issuance of a certificate of appealability.
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M.D. Fla.·
2021-09-24
The court recommended transferring the habeas corpus petition to the Middle District of Florida, Orlando Division, as the district of conviction is the most convenient and appropriate venue.
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The habeas corpus petition was dismissed because it was facially insufficient on its face.
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The petition for writ of habeas corpus is dismissed as untimely because the petitioner's final state post-conviction motion was not properly filed under state law and therefore did not toll the federal limitations period.
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A petition for writ of habeas corpus that does not satisfy the requirements for original jurisdiction habeas relief must be dismissed as unauthorized.
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The trial court's order striking the defendant's second motion for postconviction relief was proper, and the unauthorized habeas corpus petition was correctly dismissed.
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Demetrius Flowers, a Florida inmate convicted of armed robbery and kidnapping, filed a federal habeas corpus petition challenging his conviction on eight grounds, including jury instruction errors, sufficiency of evidence claims, and ineffective assistance of counsel arguments. T
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The court held that the petitioner failed to demonstrate a clear right to relief or a clear duty owed by the respondents, and thus, mandamus relief was not appropriate.
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11th Cir.·
2021-09-08
Hassan Farah, a Somali refugee with multiple criminal convictions, challenged his deportation order on several grounds, including claims that his controlled-substance and assault convictions were not removable offenses and that he was entitled to withholding of removal or protect
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A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be prohibited from future pro se filings in the appellate court.
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M.D. Fla.·
2021-08-18
Curtis Louis Robinson, an inmate serving a nineteen-year sentence for drug and weapons offenses in Florida, filed a federal habeas corpus petition challenging his state convictions for possession of hydrocodone, sale or delivery of cocaine, possession of cannabis, and resisting a
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M.D. Fla.·
2021-08-16
The court held that the petitioner's claims were procedurally defaulted or failed on the merits, and thus he was not entitled to federal habeas relief.
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An inmate convicted of selling controlled substances within 1000 feet of a specified area filed a federal habeas petition challenging his state conviction by raising five grounds of ineffective assistance of counsel. The district court denied the petition, finding that the state
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The trial court properly denied the appellant's petition for writ of habeas corpus.
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Thomas Leslie Jordan sought habeas corpus relief challenging his pretrial detention without bail in a methamphetamine trafficking case. The Florida Fifth District Court of Appeal held that a trial court may revoke pretrial release under section 903.0471 based on probable cause th
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The appellate court affirmed the trial court's denial of postconviction relief, holding that the trial court lacked jurisdiction to grant the requested relief. The appellant's claim was based on alleged ineffective assistance of counsel regarding immigration consequences after co
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M.D. Fla.·
2021-07-28
The court held that the petitioner's claim was not unexhausted or procedurally defaulted, but ultimately denied relief because the state court's decision was not contrary to or an unreasonable application of federal law, and the evidence was sufficient for a rational trier of fac
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S.D. Fla.·
2021-07-27
The court held that a Magistrate Judge's report and recommendation is not required before a district court dismisses a case sua sponte, even if a case is referred to a Magistrate Judge.
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M.D. Fla.·
2021-07-21
A Florida prisoner convicted of second-degree murder challenged his no-contest plea through a federal habeas petition, alleging ineffective assistance of counsel in failing to investigate the case and adequately disclose discovery evidence before advising him to plead guilty. The
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M.D. Fla.·
2021-07-21
Jose Antonio Torres sought federal habeas corpus relief challenging his Florida state conviction for kidnapping and the second-degree murder of Malik Muhammad, arguing that his trial counsel provided ineffective assistance in various ways, including failing to move to suppress ev
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M.D. Fla.·
2021-07-16
The court denied the petitioner's motions for summary judgment and recusal, finding them procedurally inappropriate and without merit.
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The Court adopts the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus.
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M.D. Fla.·
2021-07-09
The federal habeas petition is timely due to equitable tolling, but claims are either procedurally barred or fail on the merits.
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The court adopted the magistrate judge's report and recommendation, denying the habeas petition and refusing to issue a certificate of appealability.
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M.D. Fla.·
2021-06-23
The court held that the petitioner's claims were procedurally barred, meritless, or not cognizable under federal habeas corpus law, and therefore denied the petition.
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328 So. 3d 323·
Fla. 2d DCA·
2021-06-16
The court affirmed the denial of postconviction relief, dismissed the ineffective assistance of appellate counsel claim as untimely under the four-year limitation period, and declined habeas relief because Burney could not obtain relief based on a supreme court precedent that was
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Fla. 5th DCA·
2021-06-11
A petitioner who engages in abusive, repetitive, and frivolous pro se filings may be prohibited from filing further pro se petitions concerning the same case.
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M.D. Fla.·
2021-06-10
The petition for a writ of habeas corpus is denied because the claims are procedurally barred or waived by a guilty plea.
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S.D. Fla.·
2021-06-04
The court granted Petitioner's motion for an extension of time to reply to the Order to Show Cause but denied his request for appointed counsel, referring the case to the Volunteer Attorney Program.
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The court held that a pro se prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless they face imminent danger of serious physical injury.
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The court held that the Magistrate Judge's recommendation to transfer the petition to the Middle District of Florida was proper and adopted the report.
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M.D. Fla.·
2021-05-20
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to federal law and was not based on an unreasonable determination of facts.
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The court held that the petitioner's claims were procedurally defaulted and barred from federal review because he failed to appeal the denial of his state post-conviction motion.
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Jeffrey Thomas Daniel challenged his pretrial detention order, arguing that the trial court erroneously interpreted section 907.041(4)(c)2 of the Florida Statutes by treating law enforcement officers as "judicial officers" for purposes of pretrial detention. The Fifth District Co
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A defendant who violates a condition of pretrial release forfeits the right to continued release under the original bond but retains the constitutional right to pretrial release, and a trial court must follow section 907.041 and applicable rules when holding a defendant without b
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A successive habeas corpus petition raising previously rejected grounds is properly denied as procedurally deficient and without merit.
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A pre-trial detainee's federal habeas corpus petition under 28 U.S.C. § 2241 is properly dismissed without prejudice if the petitioner has not exhausted available state court remedies.
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S.D. Fla.·
2021-04-30
The court held that the petitioner's claims of ineffective assistance of counsel were legally insufficient due to vague and conclusory allegations, failing to meet the heightened pleading standard required in habeas corpus proceedings.