565 Florida cases classified under this topic, plus 717 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Marcus Robinson, convicted in state court of second-degree murder and sentenced to 45 years in prison, challenged his conviction through federal habeas corpus on grounds of ineffective assistance of counsel, claiming his attorney failed to investigate and advise him of a self-def
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The court denied the motion for a stay of abeyance and granted leave to file an amended petition containing only exhausted claims.
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The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law and was based on a reasonable determination of the facts.
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Fla. 1st DCA·
2021-12-01
When a circuit court finds an inmate eligible for incentive gain-time, the Department of Corrections must redetermine the inmate's gain-time awards and sentence completion date rather than wholly denying relief based on discretionary authority.
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The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 requires the petitioner to be 'in custody,' and absent this, the court lacks subject matter jurisdiction.
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Joey Smelley sought federal habeas relief under 28 U.S.C. § 2254, challenging his convictions for home invasion robbery and other felonies based on claims that his trial and collateral counsel were ineffective. The District Court for the Northern District of Florida denied the pe
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Howard James Jackson, a Florida prisoner convicted of attempted murder in the first degree, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising nine grounds based on claims of ineffective assistance of counsel related to his guilty plea. The U.S. District
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Pink was convicted of attempted second-degree murder and aggravated battery with a firearm after shooting a man in a Tampa nail salon, and his subsequent federal habeas petition challenging his 25-year sentence on the basis of ineffective assistance of counsel was denied. The cou
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Fla. 2d DCA·
2021-06-16
The court affirmed the denial of postconviction relief, dismissed the ineffective assistance of appellate counsel claim as untimely under the four-year limitation period, and declined habeas relief because Burney could not obtain relief based on a supreme court precedent that was
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M.D. Fla.·
2021-05-21
The court held that the Magistrate Judge's recommendation to transfer the petition to the Middle District of Florida was proper and adopted the report.
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M.D. Fla.·
2021-05-19
The court held that the petitioner's claims were procedurally defaulted and barred from federal review because he failed to appeal the denial of his state post-conviction motion.
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M.D. Fla.·
2021-04-30
A pre-trial detainee's federal habeas corpus petition under 28 U.S.C. § 2241 is properly dismissed without prejudice if the petitioner has not exhausted available state court remedies.
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The petition for a writ of habeas corpus is dismissed because challenges to conditions of confinement are not cognizable under 28 U.S.C. § 2241, and alternatively, the case is moot as the petitioner is no longer in the challenged custody.
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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
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.·
2021-03-26
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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Fla. 3d DCA·
2021-03-17
A post-plea deposition in which a defendant testifies as a cooperating witness against a co-defendant does not constitute a critical stage of the defendant's own criminal proceedings where the denial of counsel would presumptively contaminate the entire proceeding, particularly w
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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.·
2021-01-27
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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The court denied rehearing en banc, affirming that the Adam Walsh Act precludes judicial review of the Secretary's discretionary decisions regarding visa petitions for certain individuals with prior convictions.
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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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Fla. 3d DCA·
2020-08-26
The appellate court granted Joseph Yearby's petition for a writ of habeas corpus, finding that the trial court erred by denying his motion to reduce bond without holding an evidentiary hearing. The court emphasized the necessity of considering statutory factors before making bond
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S.D. Fla.·
2020-08-19
The court held that the pro se plaintiff's complaint failed to state a claim for relief and lacked sufficient factual allegations for jurisdiction.
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Fla. 1st DCA·
2020-08-17
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Fla.·
2020-06-04
A defendant claiming ineffective assistance of counsel for failure to challenge a biased juror must satisfy both prongs of the Strickland test: prejudice and deficient performance. Although a juror may be actually biased against a defendant, counsel's decision to seat that juror
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The court held that a petitioner released from custody is not eligible for federal habeas corpus relief under 28 U.S.C. § 2254 unless they demonstrate continuing collateral consequences.
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S.D. Fla.·
2020-03-09
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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The court held that the petitioner failed to establish that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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Fla. 5th DCA·
2020-01-16
David Moran petitioned for habeas corpus relief alleging his appellate counsel was ineffective for failing to raise various issues on direct appeal, including suppression of statements, prosecutorial misconduct, double jeopardy, and judgment of acquittal. The Fifth District Court
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M.D. Fla.·
2019-11-18
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 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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S.D. Fla.·
2019-10-15
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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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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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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Appellant appealed the denial of a 3.800(a) motion to correct an illegal sentence after one of his two attempted robbery convictions was vacated due to a double jeopardy violation. The court reversed, holding that Appellant had an absolute right to be resentenced with a corrected
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Fla. 3d DCA·
2019-09-04
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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273 So. 3d 169·
Fla. 5th DCA·
2019-03-29
In this workers' compensation appeal, the Florida District Court of Appeal reversed the lower court's denial of benefits to fruit pickers injured while assisting stranded motorists. The court held that the claimants' rescue efforts constituted a compensable activity under the pos
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Appellant's postconviction relief and habeas petitions were denied because his acceptance of a negotiated plea agreement waived non-jurisdictional issues he sought to raise.
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215 So. 3d 134·
Fla. 3d DCA·
2017-03-22
The State appeals a trial court's order granting post-conviction relief and ordering a new trial for Castro Guerra. The appellate court affirms, holding that Guerra's case should have been treated the same as similarly situated defendants under Florida Supreme Court precedent, pa
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190 So. 3d 242·
Fla. 5th DCA·
2016-05-05
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201 So. 3d 33·
Fla. 3d DCA·
2014-04-09
Martin Luther McCray petitioned for habeas corpus relief, claiming his sentence had expired and his detention was unjust. The Florida Third District Court of Appeal denied his petition and, after McCray filed numerous successive motions raising identical claims and failed to show
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88 So. 3d 334·
Fla. 3d DCA·
2012-05-02
Habeas corpus petition granted because appellate counsel was ineffective for failing to raise a defective manslaughter instruction that the Florida Supreme Court had already condemned in Montgomery, requiring reversal of the second degree murder conviction and remand for new tria
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81 So. 3d 629·
Fla. 5th DCA·
2012-03-09
The court held that a defendant is not entitled to jail-time credit for time spent in another county's jail before a warrant for the current offense was executed.
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66 So. 3d 1094·
Fla. 5th DCA·
2011-08-18
The court held that the trial court erred by failing to make the requisite findings to support the denial of bond for the petitioner.
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The court held that the petitioner is barred from future pro se filings in this court concerning the specific case due to abuse of the legal process.
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21 So. 3d 150·
Fla. 5th DCA·
2009-11-06
Florida appellate court granted habeas corpus relief and ordered release of petitioner held in direct criminal contempt, finding the trial court violated procedural requirements and lacked sufficient evidentiary basis for the contempt finding.
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19 So. 3d 411·
Fla. 5th DCA·
2009-09-11
The court affirmed dismissal of a habeas corpus petition because it raised claims of ineffective assistance of counsel that must be pursued through Rule 3.850 motions, not habeas proceedings, and included procedurally barred issues that should have been raised on direct appeal.
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663 F. Supp. 2d 1316·
M.D. Fla.·
2009-09-10
The court held that the petitioner's trial counsel rendered ineffective assistance by failing to request an independent act jury instruction, which was supported by the evidence and crucial for the defense.
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995 So. 2d 1085·
Fla. 4th DCA·
2008-11-21
A.L.M., a juvenile found incompetent to proceed in delinquency cases, challenged orders committing him to secure placement with the Department of Children and Families. The appellate court reversed, finding that the trial court's orders lacked the requisite clear and convincing e
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A juvenile court issued a "release order" with conditions including a dusk-to-dawn curfew, obedience to household and school rules, and mandatory study requirements. The Florida Fifth District Court of Appeal held that the court lacked statutory authority to impose such condition