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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46 Fla. L. Weekly D390·
Fla. 3d DCA·
2021-04-21
Habeas corpus may not be used as a substitute for authorized postconviction relief motions under Florida Rule of Criminal Procedure 3.850.
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The federal court denied a state prisoner's petition for a writ of habeas corpus, finding his double jeopardy claim unexhausted and, alternatively, without merit because the mistrial was not provoked by the prosecution.
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Fla. 3d DCA·
2021-04-14
Appellate counsel's failure to raise a meritless issue on appeal does not constitute ineffective assistance of appellate counsel.
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M.D. Fla.·
2021-04-14
The court held that it lacked subject matter jurisdiction because the petitioner was not entitled to pursue relief under 28 U.S.C. § 2241 for a challenge to the validity of his sentence.
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S.D. Fla.·
2021-04-12
The court affirmed the Magistrate Judge's report, dismissing the petition as untimely and denying a certificate of appealability.
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The appellate court denied a petition for a writ of habeas corpus, upholding the trial court's decision to deny bail for a defendant facing serious charges and a history of flight and new offenses while on bond. The court found the defendant failed to present sufficient evidence
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M.D. Fla.·
2021-04-07
The court held that the petitioner's claims of ineffective assistance of counsel and insufficient evidence for his murder conviction lacked merit and did not warrant federal habeas relief.
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M.D. Fla.·
2021-03-31
Wilson sought federal habeas relief from his Florida conviction for second-degree murder, challenging the admission of his prior trial testimony, the sufficiency of evidence regarding his intent, and the effectiveness of his trial counsel. The court denied his application, findin
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M.D. Fla.·
2021-03-31
The court held that the state postconviction court reasonably applied federal law in denying the habeas petitioner's claim of ineffective assistance of counsel, as the petitioner failed to demonstrate prejudice by showing he would have gone to trial but for counsel's alleged erro
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M.D. Fla.·
2021-03-30
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was objectively reasonable and not contrary to federal law.
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The court held that the petition for habeas corpus should be transferred to the Middle District of Florida, as it is in the interest of justice.
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A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be barred from future pro se filings to conserve judicial resources.
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The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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S.D. Fla.·
2021-03-23
The court denied the petitioner's motion for appointment of counsel, finding no exceptional circumstances, but referred the case to the Volunteer Attorney Program.
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M.D. Fla.·
2021-03-23
The court held that the petitioner failed to exhaust administrative remedies before filing his habeas corpus petition.
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The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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N.D. Fla.·
2021-03-22
The court adopted the magistrate judge's report and recommendation, denying the § 2254 petition on the merits without an evidentiary hearing and denying a certificate of appealability.
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M.D. Fla.·
2021-03-22
The court held that the petitioner's claim of insufficient evidence to support his conviction for aggravated battery, based on a self-defense argument, was meritless and denied his petition for habeas corpus relief.
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Fla. 1st DCA·
2021-03-19
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A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgments and sentences may be barred from future pro se filings to conserve judicial resources.
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The trial court properly denied Scott's amended second or successive motion for post-conviction relief.
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Fla. 3d DCA·
2021-03-17
A habeas corpus petition is denied where the petitioner has previously raised the same claims in multiple prior appeals and no fundamental error exists in the jury instruction for the offense of conviction.
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Fla. 3d DCA·
2021-03-17
A circuit court lacks jurisdiction to review the legality of a conviction imposed in another circuit, and a habeas corpus petition challenging conviction legality must be filed in the circuit where the conviction occurred.
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The Florida District Court of Appeal, Second District, imposed restrictions on Jimmy Lee Wheeler's pro se filings after he initiated over twenty meritless proceedings related to two criminal cases. The court directed the clerk to reject future filings unless signed by a licensed
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M.D. Fla.·
2021-03-10
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel 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.·
2021-03-08
The court held that the petitioner's claim of ineffective assistance of counsel was meritless and that the state court did not unreasonably deny it.
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M.D. Fla.·
2021-03-08
The court held that a claim based solely on state law regarding the withdrawal of a plea is not cognizable in federal habeas corpus proceedings. Furthermore, the court found that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to cle
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The court held that the habeas corpus petition was untimely and procedurally barred, and that the petitioner failed to establish ineffective assistance of counsel under the Strickland standard.
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M.D. Fla.·
2021-03-05
The court held that the applicant's federal claims were unexhausted and procedurally defaulted because they were not fairly presented as federal issues in state court, and no exceptions applied to overcome the default.
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M.D. Fla.·
2021-03-01
The court held that the state court's denial of the motion to suppress was not an unreasonable application of federal law, and other claims were unexhausted or procedurally barred.
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Fla. 2d DCA·
2021-02-24
Willie McGee's appeal was dismissed for failure to comply with a court order, and the court imposed a sanction requiring that future filings related to his criminal case be signed by a licensed Florida attorney. This case addresses frivolous litigation and the court's authority t
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M.D. Fla.·
2021-02-22
The court held that it lacked jurisdiction over the petitioner's custodian and therefore must transfer the petition to the proper district.
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The appellate court affirmed the trial court's dismissal of a habeas corpus petition. The petition challenged a conviction but was filed in the wrong county and sought relief that should have been pursued through a postconviction motion in the sentencing court.
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M.D. Fla.·
2021-02-22
The court denied the petition for a writ of habeas corpus, finding that the state court's adjudication of the claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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A petitioner whose habeas corpus petition has been denied may be sanctioned for filing further abusive, repetitive, malicious, or frivolous filings asserting claims stemming from the same underlying case.
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A pro se litigant who engages in abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from future pro se filings to conserve judicial resources.
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11th Cir.·
2021-02-18
Federal courts lack jurisdiction under 8 U.S.C. § 1252(g) to hear claims arising from the government's decision to execute removal orders, even if the alien claims a "regulatory right" to remain pending a waiver application.
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Fla. 1st DCA·
2021-02-17
The appellate court dismissed Akil Zachary Flagg's petition for a writ of habeas corpus, finding it to be a frivolous attempt to relitigate issues already decided in prior appeals. The court warned Flagg against future frivolous filings.
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S.D. Fla.·
2021-02-16
The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to, or an unreasonable application of, clearly established federal law, or based on an unreasonable determination of the facts.
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Habeas corpus relief is unavailable when the petitioner fails to demonstrate probable cause that detention is without lawful authority, but the petitioner may seek administrative relief when the sentencing court intended concurrent sentences.
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Michael Kennedy, convicted in Duval County of two counts of aggravated assault with firearm discharge and one count of shooting or throwing a deadly missile, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel.
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The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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S.D. Fla.·
2021-02-02
The court held that it lacks the authority to grant a prisoner's request for home confinement, as this authority rests exclusively with the Bureau of Prisons (BOP).
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S.D. Fla.·
2021-01-31
The court denied Petitioner's Petition for Writ of Habeas Corpus, finding that his claims were either procedurally defaulted, failed to meet the high bar of § 2254(d) deference, or lacked merit under established federal law.
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S.D. Fla.·
2021-01-31
The court held that the pro se petitioner's habeas corpus petition was time-barred under 28 U.S.C. § 2244(d)(1)(A) because it was filed nearly fourteen years after the judgment became final. Neither statutory tolling nor equitable exceptions applied.
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S.D. Fla.·
2021-01-29
The court affirmed the Magistrate Judge's Report and Recommendation, denying the petitioner's habeas corpus petition because the state court's decision was neither contrary to nor an unreasonable application of clearly established federal law, nor based on an unreasonable determi
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M.D. Fla.·
2021-01-28
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred or meritless.