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.·
2020-03-16
The court held that the petitioner's claims were either unmeritorious or unexhausted, and that the state court's decisions were not contrary to or an unreasonable application of federal law.
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Hector Sanchez-Torres challenges the denial of his motion to vacate his death sentence conviction, raising claims of ineffective assistance of counsel at trial and on appeal. The Florida Supreme Court affirmed the postconviction court's denial of relief and rejected his habeas pe
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The appellate court granted a petition for a writ of habeas corpus, finding that the monetary bond set for the petitioner's pretrial release was excessive and effectively denied him release. The court emphasized that bail conditions must be reasonable and cannot be so high as to
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The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's motion to vacate, set aside, or correct his sentence.
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A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.
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The court held that it lacked jurisdiction to issue a writ of mandamus to state courts, even when construing the petitioner's filing as such.
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M.D. Fla.·
2020-02-28
The court held that jurisdiction for a habeas petition challenging present physical confinement lies in the district of confinement.
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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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The trial court's order denying the petition for writ of habeas corpus is affirmed.
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M.D. Fla.·
2020-02-25
Richard Harris petitioned for federal habeas corpus relief, challenging his guilty plea to second-degree murder and related charges in Florida state court, raising five grounds based on alleged ineffective assistance of counsel. The district court denied the petition, finding tha
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M.D. Fla.·
2020-02-25
The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-02-24
The court held that the petitioner's claims were either unexhausted and procedurally defaulted, or that the state court's denial of relief on the merits was not unreasonable under the applicable standards.
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A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.
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Fla. 3d DCA·
2020-02-19
A petition for habeas corpus alleging ineffective assistance of appellate counsel filed more than four years after the judgment and sentence become final on direct review is procedurally barred and must be dismissed.
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S.D. Fla.·
2020-02-18
Robert Gorham sought federal habeas relief arguing his trial attorney failed to convey a five-year pretrial plea offer, violating his Sixth Amendment right to effective assistance of counsel. The District Court found the state trial court improperly applied the legal standard for
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The court held that the plaintiff's challenge to a civil contempt order must be pursued in state court, and therefore, the Younger abstention doctrine applies.
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Fla. 3d DCA·
2020-02-12
The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
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Fla. 3d DCA·
2020-02-12
The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating multiple appeals for review.
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Fla. 3d DCA·
2020-02-12
The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court addressed multiple consolidated appeals related to the appellant's probation violation, sentence, and various post-conviction motions, finding
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Fla. 3d DCA·
2020-02-12
The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
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Fla. 3d DCA·
2020-02-12
The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
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Fla. 3d DCA·
2020-02-12
The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
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A defendant not charged with a capital felony or life felony must be released on reasonable conditions when the State has not sought pretrial detention.
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M.D. Fla.·
2020-01-27
The court held that it lacked jurisdiction to issue a writ of mandamus compelling state officials to release the plaintiff and others from civil commitment.
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The trial court did not err in imposing a consecutive sentence in the second case, and Williams is not entitled to relief under Rule 3.800(a) or habeas corpus.
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M.D. Fla.·
2020-01-21
William Carson Merrill challenged his Florida manslaughter with a firearm conviction through federal habeas corpus, raising seven grounds of ineffective assistance of counsel claims under the Sixth and Fourteenth Amendments. The district court applied the strict deferential stand
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N.D. Fla.·
2020-01-16
The court adopted the magistrate judge's report and recommendation, denying the habeas petition and a certificate of appealability.
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M.D. Fla.·
2020-01-08
The court held that the petitioner's motion to alter or amend was untimely under Rule 59(e) and failed to demonstrate grounds for reconsideration under Rule 60(b), and therefore denied the motion.
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A habeas corpus petition may be denied without prejudice when the petitioner has a pending Rule 3.850 motion that provides an adequate alternative remedy.
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This case involves a juvenile, S.B., seeking release from secure detention via a writ of habeas corpus. The court granted the petition, finding that S.B. was held in detention without the required statutory findings and proper notice of contempt proceedings.
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N.D. Fla.·
2019-12-23
The court held that the petitioner failed to make a substantial showing of the denial of a constitutional right, thus denying her motion for release and a certificate of appealability.
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Fla. 5th DCA·
2019-12-20
A successive habeas petition alleging ineffective assistance of appellate counsel may be dismissed where the petitioner has filed multiple prior postconviction motions raising similar claims.
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The federal court denied a state prisoner's habeas corpus petition because the state court's rejection of his claims regarding sentencing enhancements was not contrary to or an unreasonable application of federal law.
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A child detained in secure detention at a juvenile detention center petitioned for habeas corpus relief, claiming her detention violated Florida law. The appellate court granted the petition, finding that the trial court failed to make sufficient written findings required by stat
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A juvenile petitioner challenged his detention in secure conditions at a detention center, claiming he was being held unlawfully despite DRAI assessment scores insufficient to justify secure detention. The court granted the habeas corpus petition and ordered an evidentiary hearin
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M.D. Fla.·
2019-12-06
Shuron Antwoune Hester filed a federal habeas petition challenging his Florida conviction for sexual battery and lewd or lascivious molestation of a child. The District Court denied the petition, finding that several claims were procedurally barred due to insufficient exhaustion
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Fla.·
2019-12-05
Trial counsel was not ineffective for failing to object to the prosecutor's golden rule arguments, the statement "Don't let him get away with this," comments regarding Jordan's lack of remorse, or denigrating remarks about the defense theory, as counsel's strategic decision to li
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Fla. 3d DCA·
2019-12-04
A pro se litigant's right to proceed without counsel may be forfeited where the party has abused the judicial process through continued filing of successive or meritless collateral claims in a criminal proceeding, after proper notice and opportunity to be heard.
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M.D. Fla.·
2019-11-26
The federal court denied the habeas petition because the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
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M.D. Fla.·
2019-11-26
Randy Archiquette pleaded guilty to DUI manslaughter and related charges stemming from a series of traffic accidents that killed two people while driving with a blood alcohol content more than double the legal limit. Archiquette's federal habeas petition, which challenged his con
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A federal prisoner seeking habeas corpus relief must first exhaust available administrative remedies, and the Bureau of Prisons has discretion to designate the facility where a federal sentence is served.
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The court held that the petitioner received adequate due process in his prison disciplinary proceedings and that there was sufficient evidence to support the sanctions imposed.
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Fla. 3d DCA·
2019-11-13
A successive and untimely petition for habeas corpus alleging ineffective assistance of appellate counsel filed more than four years after judgment became final must be dismissed, as the petitioner failed to allege facts supporting the narrow "manifest injustice" exception to pro
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Fla. 3d DCA·
2019-11-13
The Florida District Court of Appeal, Third District, prohibited Rodrick Sams from filing further pro se appeals and petitions relating to two specific criminal cases after finding he had engaged in successive, duplicative, and frivolous filings. Any future filings on these matte
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M.D. Fla.·
2019-11-13
A federal prisoner cannot use the § 2255 saving clause to circumvent the requirement to obtain permission to file a second or successive motion to vacate when the § 2255 remedy was adequate and effective.
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Fla.·
2019-11-12
The circuit court properly dismissed or denied all claims in Dailey's third successive postconviction motion. Dailey's actual innocence claim was procedurally barred as a reframing of a previously raised claim; his newly discovered evidence claims based on testimony from Slater,