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.·
2019-11-07
The court held that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, lacked merit and did not meet the standard for federal habeas corpus relief under AEDPA.
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The court affirmed and adopted the Magistrate Judge's Report, dismissing the motion without prejudice as premature.
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The court held that the case should be dismissed without prejudice for failure to prosecute due to the petitioner's failure to keep the court informed of his address.
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A habeas corpus petition that raises procedurally barred postconviction claims that are untimely and successive is properly denied.
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The petition for writ of habeas corpus was dismissed.
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A dismissal without prejudice of a rule 3.850 postconviction relief motion is not a final, appealable order.
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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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Petitioner challenged the trial court's ordering of a second competency evaluation after a hearing on his incompetency motion. The appellate court held that Florida Rule of Criminal Procedure 3.210 does not require a trial court to make a final competency determination based on a
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A petition for writ of habeas corpus is unauthorized, and Florida law properly treats placement on probation or community control without adjudication of guilt as a prior conviction.
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A petition for writ of habeas corpus is dismissed as unauthorized when it does not meet the requirements for such relief.
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The court adopted the Magistrate Judge's Report and Recommendation, overruling the petitioner's objections and denying his petition for habeas corpus relief.
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M.D. Fla.·
2019-10-15
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, or an unreasonable application of, clearly established federal law.
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M.D. Fla.·
2019-10-10
The court held that the state court's denial of the motion to suppress was not contrary to federal law and that the sentencing court's consideration of the timing of the defendant's remorse did not violate due process.
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The court held that while 8 U.S.C. § 1226(c) mandates detention, prolonged detention without a bond hearing can violate the Due Process Clause.
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The court adopted the Magistrate Judge's Report and Recommendation, overruling the petitioner's objections and denying his petition for habeas corpus relief.
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M.D. Fla.·
2019-10-07
# Summary
Combs sought federal habeas corpus relief challenging his convictions for sexual battery and burglary with assault or battery, claiming ineffective assistance of counsel and other constitutional violations. The court denied his petition, finding that several grounds we
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Fla. 5th DCA·
2019-10-04
Appellate counsel is not ineffective for failing to raise a legal argument based on a novel theory that had not been fully articulated or established in Florida law at the time of the appeal. The retroactive application of the amended Stand Your Ground statute was not a recognize
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M.D. Fla.·
2019-10-04
The court held that the federal habeas petition was untimely filed under the one-year statute of limitations, and equitable tolling was not warranted.
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John E. Carter, an attorney facing criminal contempt charges, petitioned for a writ of habeas corpus and prohibition after being remanded into custody for a mental health evaluation. The appellate court granted both petitions, finding the trial judge failed to follow required pro
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The court held that a Rule 60(b)(3) motion cannot be used to reopen a federal habeas judgment based on fraud perpetrated on a state court.
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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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M.D. Fla.·
2019-09-23
Efrain Camarill Cruz, a Mexican citizen convicted in 2013 of soliciting a minor and traveling to meet a minor for illegal sexual conduct, filed a federal habeas corpus petition challenging his guilty plea on grounds that he was mentally incompetent, his counsel was ineffective, a
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Lower federal courts lack subject matter jurisdiction to review decisions of the United States Supreme Court or its Clerk.
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A petitioner whose habeas corpus petition has been denied may be cautioned that further abusive, repetitive, malicious, or frivolous pro se filings will result in sanctions including a bar on pro se filings and referral for disciplinary proceedings.
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M.D. Fla.·
2019-09-11
The court held that the U.S. Parole Commission did not abuse its discretion in denying parole and setting a rehearing for 36 months, as the decision was rationally based on the extreme cruelty of the offense and the petitioner's risk.
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Fla. 2d DCA·
2019-09-04
The trial court's denial of a petition for writ of habeas corpus is affirmed.
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The appellate court granted Orlando Hernandez's petition for habeas corpus relief, finding his appellate counsel was ineffective for failing to challenge the mandatory consecutive imposition of minimum mandatory sentences. This failure prevented Hernandez from benefiting from a s
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M.D. Fla.·
2019-09-03
The court held that most of the applicant's claims were procedurally barred from federal review due to failure to properly present them in state court. The remaining claim of ineffective assistance of counsel was denied as the state court's decision was not contrary to or an unre
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277 So. 3d 1003·
Fla.·
2019-08-29
A state prisoner who files repeated habeas petitions raising identical claims that have been consistently rejected may be sanctioned by barring future pro se filings related to those cases unless represented by counsel, and the frivolous petition must be reported to the Departmen
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The court held that the petitioner failed to show cause why he should not be barred from filing further pro se pleadings related to a specific case number due to his history of vexatious and meritless filings.
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A federal inmate's petition for a writ of habeas corpus filed by a 'next friend' is dismissed because the 'next friend' failed to establish standing, as the inmate has a court-appointed guardian and has demonstrated capacity to file his own legal actions.
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The court held that it lacks subject matter jurisdiction to review the petitioner's claims challenging the execution of her final removal order.
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M.D. Fla.·
2019-08-28
The court held that Petitioner failed to establish prejudice under Strickland for ineffective assistance of counsel regarding his probationary status testimony, and his second claim was procedurally barred and not substantial.
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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.·
2019-08-21
The court held that the petitioner failed to cite a valid statutory basis for removing his ongoing state criminal prosecution to federal court.
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M.D. Fla.·
2019-08-15
The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
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The court dismissed Alan Dale Owens' pro se petition for a writ of habeas corpus, finding that his claims should have been raised in the trial court. The court also noted Owens' history of filing numerous frivolous appeals and ordered him to show cause why he should not be prohib
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In termination of parental rights cases, a party seeking belated appellate review must file a petition for writ of habeas corpus in the circuit court, not a notice of appeal to the appellate court.
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A petitioner who engages in abusive, repetitive, malicious, or frivolous pro se filings may be prohibited from future pro se filings to conserve judicial resources.
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A petition for writ of habeas corpus should be dismissed when the petitioner has a pending direct appeal available as an adequate alternative remedy.
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The petition for writ of habeas corpus is dismissed.
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Appellate counsel was ineffective for failing to raise fundamental error where the trial court impermissibly considered the defendant's alleged untruthfulness and lack of remorse as a basis for imposing sentence.
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A petition for writ of habeas corpus is dismissed as moot when the circumstances that gave rise to the petition have been resolved.
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An appeal from a habeas corpus petition is dismissed as moot when the petitioner has been extradited to another state.
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270 So. 3d 1274·
Fla. 1st DCA·
2019-05-13
Appellate counsel is not ineffective for failing to raise a claim of ineffective assistance of trial counsel on direct appeal because such claims are more effectively raised in a motion for postconviction relief under rule 3.850.
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Marvin Lancaster challenged the Florida Commission on Offender Review's revocation of his parole on the grounds that FCOR failed to make statutory findings that his parole violation was willful and substantial. The circuit court summarily denied his habeas petition, and Lancaster
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A circuit court reviewing a parole revocation must determine whether the parole examiner and the Florida Commission on Offender Review made the required statutory findings that the violation was both willful and substantial; failure to address this issue constitutes failure to ap
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271 So. 3d 1212·
Fla. 5th DCA·
2019-05-01
A trial court abuses its discretion by refusing to hold a hearing on a motion to set bond when the motion is supported by a witness's recantation of identification testimony and corroboration by law enforcement.