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.·
2021-01-27
The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claim was contrary to or an unreasonable application of federal law, or based on an unreasonable factual determination.
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The court adopted the magistrate judge's report and denied the petition for a writ of habeas corpus, finding most claims unexhausted and the remaining claims without merit.
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The court held that the petitioner has alleged sufficient facts to preliminarily establish that his claim of ineffective assistance of counsel is substantial, requiring an evidentiary hearing.
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A defendant charged with a non-capital offense is entitled to pretrial release on reasonable conditions unless the State files a motion for pretrial detention and establishes that no condition of release can reasonably protect the community and assure the defendant's presence in
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The court held that attorney negligence, even if egregious, does not by itself qualify as an extraordinary circumstance for equitable tolling of the AEDPA limitations period.
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M.D. Fla.·
2021-01-19
Raydel Alvarez was convicted of first-degree murder and other crimes related to a 2007 home invasion robbery, and he sought federal habeas relief arguing that his trial counsel was ineffective and the prosecutor made improper comments. The federal district court denied all nine g
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The court held that the magistrate judge's report and recommendation to deny the petition for a writ of habeas corpus was correct, and the petition should be denied.
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M.D. Fla.·
2021-01-11
The court held that the applicant's claim of ineffective assistance of counsel for failing to suppress pre-Miranda statements was procedurally barred due to failure to exhaust state remedies and present the specific factual basis to the state court. Even on the merits, the claim
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A trial court need not hold an evidentiary hearing on a subsequent motion for pretrial release when the same grounds were previously considered and no change in conditions or new evidence has emerged. Although a trial court retains discretion to grant pretrial release even when p
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S.D. Fla.·
2020-12-31
The court held that a federal court cannot entertain a Fourth Amendment claim in a habeas petition if the petitioner had a full and fair opportunity to litigate the claim in state court, and that the petitioner's claim was procedurally barred under Stone v. Powell.
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A defendant charged with a life felony is entitled to a full hearing at which to present evidence regarding bond, even when the state has demonstrated evident proof of guilt and great presumption of guilt at first appearance.
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The appellate court reversed a lower court's grant of habeas corpus relief, finding that the Department of Corrections was not given proper notice or an opportunity to be heard. The case highlights the procedural requirements for responding to habeas corpus petitions, especially
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M.D. Fla.·
2020-12-11
The court held that the petitioner's continued post-removal detention violated his Fifth Amendment due process rights because the government failed to demonstrate a likelihood of removal in the reasonably foreseeable future after over fifteen months of detention.
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The district court held it lacked subject matter jurisdiction to review the petitioner's challenge to a final order of removal, as such review is exclusively vested in the court of appeals.
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Luis Hollis filed a pro se petition for ineffective assistance of appellate counsel (IAAC) more than eleven years after his direct appeal was affirmed, far exceeding the applicable statutory deadlines. The Fourth District Court of Appeal denied the petition, finding that Hollis f
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M.D. Fla.·
2020-12-08
The court denied the petition for a writ of habeas corpus, finding no merit to claims of ineffective assistance of counsel.
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M.D. Fla.·
2020-12-07
The court denied the petitioner's motion to alter or amend the judgment.
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M.D. Fla.·
2020-12-04
The court held that the petitioner failed to demonstrate entitlement to federal habeas corpus relief on any of his grounds, affirming the denial of his petition.
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The petition for writ of habeas corpus is dismissed as untimely filed because it was filed outside the one-year limitations period established by AEDPA.
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A defendant challenging a conviction based on a Brady notice regarding improper CPI calculations in DNA analysis must establish that CPI was actually applied to the DNA evidence in his case, and paternity tests involving only two individuals do not involve CPI analysis.
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The court held that the petitioner's federal habeas petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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S.D. Fla.·
2020-11-30
The court held that the petitioner failed to establish a Brady violation because the alleged exculpatory evidence was not possessed or suppressed by the prosecution team, and therefore, habeas relief was denied.
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M.D. Fla.·
2020-11-25
The court denied the petition for habeas corpus, finding claims procedurally barred or without merit.
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Fla. 5th DCA·
2020-11-20
Appellate counsel cannot be deemed ineffective for failing to raise non-meritorious claims on appeal, and a defendant who entered a plea and whose judgment reflects an incorrect statutory version of the crime must pursue relief through a Rule 3.850 petition challenging trial coun
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M.D. Fla.·
2020-11-20
Jordan J. Gadson challenged his first-degree murder conviction by filing a federal habeas corpus petition, arguing that jury instructions on felony murder and principals constituted a constructive amendment of the indictment, that trial counsel failed to advise him of the charges
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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 to a defendant charged with second-degree murder. The court found sufficient evidence of guilt to justify detention pending trial.
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The court held that it lacked jurisdiction to review the Attorney General's discretionary decision to detain an alien, even when framed as a habeas corpus petition or constitutional claim.
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The court adopted the Magistrate Judge's recommendation to deny the petition for writ of habeas corpus and denied a certificate of appealability.
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M.D. Fla.·
2020-11-06
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either procedurally barred or failed to meet the deferential standards required under AEDPA and Strickland v. Washington.
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The court held that the plaintiff's pro se civil rights complaint failed to state a claim upon which relief could be granted due to insufficient pleading regarding defendants and constitutional violations.
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M.D. Fla.·
2020-11-05
The court held that a federal inmate's petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district where the inmate's immediate custodian is located.
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M.D. Fla.·
2020-11-04
The federal court denied the petition for a writ of habeas corpus because the petitioner's claims were either not cognizable or procedurally barred, and even if considered on the merits, they failed.
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M.D. Fla.·
2020-11-04
The court denied the inmate's motion for a temporary restraining order or preliminary injunction and dismissed the case without prejudice because the inmate failed to meet the requirements for injunctive relief.
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M.D. Fla.·
2020-10-30
The court held that it lacked jurisdiction to hear the habeas petition because the petitioner's custodian was located in a different federal judicial district.
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S.D. Fla.·
2020-10-30
The court held that the petitioner's habeas corpus petition was time-barred because it was filed more than one year after the judgment became final, and no equitable exceptions applied.
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M.D. Fla.·
2020-10-23
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts, particularly because the petitioner's guilty plea waived most claims and he could not
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M.D. Fla.·
2020-10-19
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and therefore dismissed the petition with prejudice.
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M.D. Fla.·
2020-10-16
The petition for a writ of habeas corpus is denied because the petitioner's claims are either procedurally defaulted, lack merit, or are refuted by the record.
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Fla. 1st DCA·
2020-10-05
The court dismissed a petition for writ of habeas corpus, finding it unauthorized. The petitioner argued his sentence was illegal, but the court found it was authorized by statute and not subject to the same exceptions as in prior cases.
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M.D. Fla.·
2020-09-30
A federal district court in Florida denied Ingram's habeas corpus petition challenging his conviction for first-degree premeditated murder of Glenn Dilworth, whom Ingram fatally stabbed after an altercation over a gun confrontation. The court held that most of Ingram's ineffectiv
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The court held that a defendant found incompetent to proceed cannot be held in jail solely to await a determination of competency or involuntary commitment criteria.
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The petition for writ of habeas corpus is denied on the merits.
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A habeas corpus petition is properly dismissed when it raises issues that could have been or were raised on direct appeal or in postconviction motions.
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M.D. Fla.·
2020-09-24
A guilty plea waives non-jurisdictional claims, including ineffective assistance of counsel, unless the claim directly implicates the knowing and voluntary nature of the plea itself. Counsel's strategic decision not to file a pre-trial motion, based on a reasonable assessment of
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The court held that the petitioner's habeas corpus petition was moot because she had been removed from the United States, and thus the court lacked jurisdiction.
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M.D. Fla.·
2020-09-15
The court held that the Parole Commission's denial of parole was not an abuse of discretion and did not violate federal law, thus denying the petition for a writ of habeas corpus.
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The court held that the petitioner's release from detention rendered his habeas corpus petition moot, as he had obtained the relief sought and no remaining collateral consequences or reasonable expectation of re-detention justified further review.
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The First District Court of Appeal of Florida dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody on the charge that formed the basis of the petition. The court noted that the petitioner had pleaded no contest, was adjudicated
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M.D. Fla.·
2020-08-25
A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.