235 Florida cases classified under this topic, plus 1,235 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 petition was time-barred under AEDPA because it was filed more than one year after his judgment became final and he failed to demonstrate statutory tolling, equitable tolling, or actual innocence.
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The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended habeas petition.
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The Court held that the due process claim was procedurally barred and that the ineffective assistance of counsel claims were properly denied by the state court.
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The court held that the petitioner's habeas corpus petition was untimely filed because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling.
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The court denied the petitioner's motions for appointment of counsel and to expand the record.
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The federal habeas corpus petition is dismissed because it is untimely, procedurally barred, and meritless.
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The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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The court held that the petitioner's federal habeas petition was time-barred because it was filed outside the one-year limitations period established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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The court held that the petitioner's actual innocence claim failed because it relied on re-arguing the sufficiency of trial evidence rather than presenting new, reliable evidence. Therefore, the petition was dismissed as time-barred.
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The court held that most of petitioner's claims were time-barred, but the ineffective assistance of counsel claim, though timely, lacked merit.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that equitable tolling was not warranted.
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Michael D. Goodson, a Florida inmate, challenged his 2013 Duval County convictions for five counts of attempted second-degree murder and one count of shooting or throwing deadly missiles through a federal habeas petition under 28 U.S.C. § 2254. The Middle District of Florida deni
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Morgan Amanda Leppert, convicted at age 15 of first-degree murder and nonhomicide felonies, sought federal habeas relief challenging the constitutionality of Florida's juvenile sentencing scheme and alleging ineffective assistance of counsel. The District Court for the Middle Dis
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A defendant cannot file a successive rule 3.850 motion claiming newly discovered facts based on counsel's misadvice when the movant could have discovered the misadvice upon the trial court's denial of the first 3.850 motion.
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Joshua Brian Nibbelink, a Florida inmate, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2015 state court conviction for first-degree felony murder, kidnapping, and robbery. The district court reviewed the petition applying the deferential AEDPA sta
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The court held that the petitioner's habeas corpus petition is successive and untimely, and therefore dismissed.
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The court held that the petitioner's claim regarding the denial of his motion for judgment of acquittal was procedurally barred because he failed to fairly present the federal nature of the claim to the state court. Even if considered on the merits, the claim failed.
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The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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Todd Curtis West, an inmate convicted of armed burglary with assault or battery, sought federal habeas relief under 28 U.S.C. § 2254, raising multiple claims of ineffective assistance of trial counsel. The district court denied all grounds, finding that the state court's rejectio
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The court adopted the magistrate judge's report and recommendation, denying the petitioner's § 2254 petition.
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Corey Bright, convicted of aggravated assault with a firearm for his role in a fatal shooting in Jacksonville, Florida, filed a federal habeas corpus petition challenging his twenty-three-year sentence on grounds including ineffective assistance of counsel and insufficient eviden
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The federal court denied the habeas petition, finding the state court's adjudication of the ineffective assistance of counsel claim was neither contrary to nor an unreasonable application of federal law.
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The court held that the state court's adjudication of the petitioner's claim regarding ineffective assistance of counsel for failing to request a Richardson hearing was not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's claim of ineffective assistance of counsel for failing to request a jury instruction on consent was procedurally barred and lacked merit, even if considered on the merits.
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Wesley Grace challenged his Florida conviction for armed burglary with assault, aggravated assault, and tampering with a witness through a federal habeas corpus petition, claiming ineffective assistance of trial counsel on multiple grounds. The District Court denied all seven cla
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The federal court denied the petition for a writ of habeas corpus, finding that the state court's decisions were neither contrary to nor an unreasonable application of federal law and were not based on an unreasonable determination of facts.
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Lamonte Arrington sought federal habeas relief under 28 U.S.C. § 2254 challenging his Florida conviction for attempted first-degree murder, claiming ineffective assistance of counsel and prosecutorial misconduct. The district court denied the petition, finding that Arrington's tr
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The court held that the petitioner's claims were procedurally barred due to failure to exhaust state remedies and properly present federal issues, and that even if considered on the merits, the claims lacked merit under AEDPA's deferential standard.
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The court held that the petitioner's motion for relief under Rule 60(b) was untimely and that the submitted evidence did not demonstrate actual innocence.
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The court held that Petitioner's claims of ineffective assistance of counsel were denied on the merits, and one subclaim was dismissed as unexhausted and procedurally barred.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and equitable tolling was not warranted.
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The court held that the state court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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The court held that the petitioner's federal habeas petition was timely filed because the statute of limitations reset when the order revoking probation and the subsequent sentence became final after the conclusion of direct review.
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The court held that the petitioner's federal habeas corpus petition is time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) because it was filed more than one year after the finalization of his state court conviction and subsequent appeals.
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The court held that the petitioner procedurally defaulted his federal due process claim and failed to establish cause and prejudice to overcome the default, and thus denied his petition for a writ of habeas corpus.
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The court held that the petitioner's federal habeas petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and denied his claims for equitable tolling and actual innocence.
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Wesley Fox was convicted of robbing a PNC Bank in Florida while armed with a firearm and sentenced to thirty years imprisonment with a mandatory ten-year minimum. Fox's federal habeas petition challenging his conviction on multiple grounds—including denial of a trial continuance,
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Eric Eugene Fuller, an inmate convicted of second-degree murder in Florida state court in 2014, challenged his conviction through federal habeas corpus, raising four grounds alleging his trial counsel provided ineffective assistance. The District Court rejected all claims, findin
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Danny Hammond, an inmate convicted in 2015 of robbery with a weapon and sentenced to thirty years in prison, filed a federal habeas corpus petition challenging his conviction on seven grounds, primarily alleging ineffective assistance of trial counsel. The district court dismisse
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The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and no tolling events applied to make it timely.
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Federal habeas relief is denied because the state court's adjudication of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Federal habeas relief is denied because the state court's rejection of the ineffective assistance of counsel 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 federal court cannot grant habeas corpus relief for a state prisoner's claim that the prison's calculation of his release date violates state law or certain federal constitutional provisions not applicable to release date calculations.
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Tommy Lee Jones, convicted of fatally stabbing his wife Juanita Jones nine times in July 2013, sought federal habeas relief under 28 U.S.C. § 2254, raising ten grounds of ineffective assistance of counsel and other constitutional claims. The court denied his petition, finding tha
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Stephen Jerome Budd, a former teacher convicted of sexual battery and molestation of two students, filed a federal habeas petition challenging his conviction and life sentence. The court dismissed the petition in part for failure to exhaust state remedies and denied all remaining
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The court held that a claim based solely on the retroactive application of an amended state statute under state law is not cognizable on federal habeas corpus review.
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The court held that the federal habeas petition was untimely filed under AEDPA's one-year statute of limitations, and thus dismissed the petition.
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Fla. 1st DCA·
2023-10-25
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Noni Jamil Stinson, a Florida inmate, sought federal habeas relief under 28 U.S.C. § 2254, challenging her 2013 state court conviction for manslaughter in the shooting death of her husband. The court denied her amended petition, which raised seven grounds for relief centered on c
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The court held that the petition for writ of habeas corpus must be dismissed because it fails to state a claim for relief and the petitioner has not exhausted state court remedies.