18,792 Florida cases classified under this topic, plus 3,111 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2025-12-12
The court held that an alien who entered the U.S. years prior and is present within the country is subject to detention under INA § 1226(a), not § 1225(b)(2), and is therefore entitled to a bond hearing.
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S.D. Fla.·
2025-12-11
The court held that it lacked subject matter jurisdiction over the petition for writ of habeas corpus due to 8 U.S.C. § 1252(g) and that the case was moot because the petitioner was no longer detained on an immigration detainer.
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A state prisoner cannot circumvent the requirement to obtain appellate court authorization for a second or successive habeas petition by filing under 28 U.S.C. § 2241.
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M.D. Fla.·
2025-12-11
A noncitizen detained under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release, and the court has jurisdiction to order such a hearing.
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M.D. Fla.·
2025-12-10
Continued detention of a noncitizen is unreasonable if removal is not foreseeable, and the six-month presumptively reasonable period begins at the start of the removal period, not upon subsequent re-detention.
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M.D. Fla.·
2025-12-10
The court held that the petitioner, detained under 8 U.S.C. § 1226, is entitled to a bond hearing, not immediate release.
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M.D. Fla.·
2025-12-10
The court granted the petition for a writ of habeas corpus, finding the petitioner is entitled to a bond hearing.
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M.D. Fla.·
2025-12-10
Oswaldo Jose Castillo-Castro, an immigration detainee, petitioned for habeas corpus relief challenging his detention by ICE without a bond hearing. The district court granted the petition in part, holding that Castillo-Castro's detention is governed by 8 U.S.C. § 1226 rather than
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M.D. Fla.·
2025-12-10
A noncitizen detained under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release.
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M.D. Fla.·
2025-12-10
The court held that the petitioner's detention did not violate the Immigration and Nationality Act or the Constitution, and therefore, his petition for habeas corpus relief was denied.
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M.D. Fla.·
2025-12-10
The court held that the petitioner is entitled to a bond hearing or release because his detention is governed by 8 U.S.C. § 1226(a), not § 1225(b)(2).
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S.D. Fla.·
2025-12-09
The court held that it lacked jurisdiction to consider the petition for a writ of habeas corpus because the petitioner's state conviction appeal was still pending and he was not 'in custody' pursuant to a state court judgment at the time of filing.
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M.D. Fla.·
2025-12-09
The court held that the petitioner's claims were not cognizable on federal habeas review, either because they involved Fourth Amendment claims that had a full and fair opportunity for litigation in state court, or because they rested on alleged misapplications of state law.
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The court held that the petitioner's habeas corpus petition was filed after the expiration of the one-year limitations period and is therefore untimely.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his convictions became final, and no exceptions applied.
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M.D. Fla.·
2025-12-08
The court held that the petitioner is entitled to a bond hearing because his detention is governed by 8 U.S.C. § 1226(a), not § 1225(b)(2).
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S.D. Fla.·
2025-12-05
The court held that the pro se petition for a writ of habeas corpus is frivolous and should be dismissed without prejudice.
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M.D. Fla.·
2025-12-04
The court held that clarifying an ambiguous oral sentence pronouncement does not violate the Double Jeopardy Clause, especially when the clarification aligns with the parties' original plea agreement.
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A habeas corpus petition attacking a conviction based on manifest injustice must fall within a narrow exception, and mere invocation of the term 'manifest injustice' is insufficient without substantive grounds.
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M.D. Fla.·
2025-12-03
The court held that the petitioner's detention violated the Fifth Amendment's due process clause and the Administrative Procedure Act, and that the Suspension Clause preserved jurisdiction for the habeas corpus petition.
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M.D. Fla.·
2025-12-03
The court held that the petitioner failed to demonstrate prejudice from an erroneous jury instruction and that his other claims were procedurally defaulted or lacked merit under AEDPA standards.
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The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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N.D. Fla.·
2025-12-02
Federal court should abstain from interfering with ongoing state criminal proceedings when certain conditions are met, and no exceptions apply.
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M.D. Fla.·
2025-12-01
The court held that the petitioner is not entitled to relief under 28 U.S.C. § 2241 because his claim is untimely and, alternatively, he had no right to control release or gain time.
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M.D. Fla.·
2025-12-01
The court held that the state court's denial of habeas relief was not contrary to federal law or an unreasonable determination of facts, and thus denied the petition.
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S.D. Fla.·
2025-12-01
The court held that Petitioner's detention is governed by 8 U.S.C. § 1226(a), entitling him to a bond hearing, and that the court has jurisdiction to review his habeas petition.
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M.D. Fla.·
2025-11-25
The court held that the petitioner's detention does not violate the Immigration and Nationality Act or the Fifth Amendment, and therefore, his habeas corpus petition is denied.
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M.D. Fla.·
2025-11-25
The court held that a defendant cannot anticipatorily invoke their Sixth Amendment right to counsel for future, unrelated prosecutions, and that a knowing and voluntary waiver of Miranda rights is valid even if counsel was appointed in a prior, unrelated case.
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M.D. Fla.·
2025-11-25
The court held that a stay of habeas corpus proceedings is not warranted when the petitioner has not demonstrated that a stay would serve any purpose other than delay, which is contrary to the AEDPA's goals.
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M.D. Fla.·
2025-11-25
The court denied the petitioner's motion for clarification of service requirements, stating it would not serve the additional respondents named.
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M.D. Fla.·
2025-11-21
The court held that the petitioner's habeas corpus petition was untimely and procedurally barred, and that his claims were not cognizable on federal habeas review.
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S.D. Fla.·
2025-11-20
The court held that Petitioner's detention is governed by 8 U.S.C. § 1226(a), entitling him to an individualized bond hearing, and that administrative exhaustion is excused due to futility.
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M.D. Fla.·
2025-11-20
The court has not yet issued a holding on the merits of the petition.
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M.D. Fla.·
2025-11-19
A noncitizen detained under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release.
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M.D. Fla.·
2025-11-19
The court held that the habeas application challenging the 2023 judgment is time-barred and the applicant is no longer in custody, and the challenge to the 2025 judgment is premature because it is still pending state appeal.
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M.D. Fla.·
2025-11-18
The court held that a prisoner convicted under 18 U.S.C. § 924(c) is ineligible for earned time credits under the First Step Act, and their sentence is properly aggregated for administrative purposes.
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M.D. Fla.·
2025-11-18
The court held that the petitioner's habeas corpus petition was untimely filed and therefore dismissed with prejudice.
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N.D. Fla.·
2025-11-17
The court recommended that the petition for writ of habeas corpus be transferred to the Middle District of Florida.
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M.D. Fla.·
2025-11-17
The court recommended that the petition for writ of habeas corpus be transferred to the Middle District of Florida.
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M.D. Fla.·
2025-11-17
The court held that the petitioner's federal habeas corpus petition was timely filed because the one-year limitations period was tolled by his state post-conviction proceedings.
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M.D. Fla.·
2025-11-17
The court held that the petitioner's claims were waived by his nolo contendere plea or lacked merit and factual support, thus denying his petition for writ of habeas corpus.
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S.D. Fla.·
2025-11-14
A petitioner filed an emergency petition for habeas corpus or injunction on behalf of a patient, but the case was rendered moot when the patient died before the court could rule on the merits. The magistrate judge recommended dismissal as moot.
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M.D. Fla.·
2025-11-14
An alien detained under 8 U.S.C. § 1226 is entitled to a bond hearing, not immediate release.
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M.D. Fla.·
2025-11-14
The court held that federal courts must abstain from interfering in ongoing state criminal proceedings, and a § 1983 claim is not the proper vehicle to challenge guilt or prosecution.
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Fla. 5th DCA·
2025-11-14
The trial court properly denied the petition for writ of habeas corpus.
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M.D. Fla.·
2025-11-14
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) because it was filed after the one-year limitation period expired. The court also denied a certificate of appealability.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2025-11-13
A public defender is not a state actor for purposes of a § 1983 claim, and federal courts must abstain from interfering in ongoing state criminal proceedings.
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M.D. Fla.·
2025-11-12
The court denied the motion for a temporary restraining order because the movant failed to satisfy the procedural requirements, specifically regarding notice to the opposing party.
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A written plea of not guilty filed by counsel waives a defendant's presence at arraignment and the arraignment proceeding itself under Florida Rule of Criminal Procedure 3.160(a), and such waiver does not require the defendant's signature or a separate stand-alone document.