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.·
2025-11-12
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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The court held that the petitioner's federal habeas petition was untimely under AEDPA and that he failed to satisfy any exceptions to the limitations period.
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M.D. Fla.·
2025-11-07
The court held that an alien who entered the United States without inspection and has remained for years is not an 'alien seeking admission' under INA § 1225(b)(2) and is thus entitled to a bond hearing under INA § 1226(a).
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The court held that Jennings's clemency claim was untimely and procedurally barred because he raised it thirty-six years after his clemency denial and failed to demonstrate any exception to the timeliness requirements. The court held that Jennings was not denied due process despi
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A habeas corpus petition alleging ineffective assistance of appellate counsel that is filed outside the two-year window, contains only conclusory allegations without supporting facts, and fails to invoke an applicable exception must be dismissed with prejudice.
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N.D. Fla.·
2025-11-05
The court held that the petitioner's federal habeas claim was unexhausted and procedurally defaulted because he failed to present it to the state courts and it appeared to be based on state law.
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M.D. Fla.·
2025-11-05
The court held that the state court's denial of postconviction relief was not contrary to or an unreasonable application of federal law, and therefore denied the petition for writ of habeas corpus.
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M.D. Fla.·
2025-11-05
Zamora Mejia petitioned for habeas corpus relief challenging his immigration detention, claiming he possessed temporary protected status (TPS). The district court granted relief by issuing a temporary restraining order directing his release, but subsequently dismissed the petitio
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S.D. Fla.·
2025-11-05
The court denied the petition for writ of habeas corpus, finding no constitutional error in the state court's proceedings.
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M.D. Fla.·
2025-11-05
The federal habeas petition was dismissed as untimely because it was filed outside the one-year statute of limitations, and the petitioner's state post-conviction motion did not toll the period as it was filed after the deadline expired.
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The court held that the petitioner's habeas corpus petition was untimely filed under the one-year limitations period imposed by AEDPA, and equitable tolling was not warranted.
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The court held that the petitioner's federal habeas corpus petition was timely filed due to the tolling of the one-year limitations period by state post-conviction proceedings.
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The court held that the petition for a writ of habeas corpus was untimely filed, as it was filed more than six years after the one-year limitations period expired.
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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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N.D. Fla.·
2025-11-03
The court held that the petitioner's claims in his habeas petition were conclusory, failed to establish a violation of his constitutional rights, and did not provide a basis for federal habeas relief.
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M.D. Fla.·
2025-10-31
The court held that an alien who has been present in the United States for an extended period, even if having entered without inspection, is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but rather falls under 8 U.S.C. § 1226(a), entitling them to a bond hearing.
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M.D. Fla.·
2025-10-31
The court held that a federal court cannot grant habeas corpus relief for alleged violations of state law, and that an unserved arrest warrant does not trigger the Interstate Agreement on Detainers or the Sixth Amendment speedy trial right.
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The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period prescribed by the AEDPA. A certificate of appealability is denied as reasonable jurists would not debate the procedural issue of untimeliness.
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A fugitive who signs a valid waiver of extradition rights and agrees to voluntary return waives all procedural protections incidental to extradition proceedings, including habeas relief. Additionally, the ninety-day statutory limit on extradition detention does not run while the
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M.D. Fla.·
2025-10-29
The court held that the inmate received the due process required in prison disciplinary proceedings and that the Disciplinary Hearing Officer's decision was supported by sufficient evidence.
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M.D. Fla.·
2025-10-28
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).
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N.D. Fla.·
2025-10-24
A district court lacks jurisdiction to consider a second or successive habeas corpus petition that has not been authorized by the appropriate court of appeals.
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A habeas corpus petition alleging ineffective assistance of appellate counsel on direct review is untimely when filed more than four years after the judgment and sentence become final on direct review.
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The court held that the petitioner's challenges to his immigration detention are moot because a bond hearing was held, a removal order was entered, and his detention is lawful during the post-removal order period.
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M.D. Fla.·
2025-10-15
The court held that a prisoner subject to a final order of removal is ineligible to apply earned time credits under the First Step Act.
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M.D. Fla.·
2025-10-15
A federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 if a motion under 28 U.S.C. § 2255 is available and adequate.
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S.D. Fla.·
2025-10-15
The court held that Petitioner, who entered the U.S. without inspection and was detained, is not subject to mandatory detention under INA section 1225(b)(2)(A) but rather under section 1226(a), entitling him to an individualized bond hearing.
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M.D. Fla.·
2025-10-15
The court held that a federal prisoner convicted of possessing contraband in prison is ineligible for earned time credits under the First Step Act, even if other sentences are for eligible offenses, because all sentences are aggregated for administrative purposes.
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M.D. Fla.·
2025-10-15
A federal prisoner challenging the validity of his arrest, detention, conviction, or sentence cannot proceed under 28 U.S.C. § 2241 if a remedy is available under 28 U.S.C. § 2255.
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M.D. Fla.·
2025-10-14
The court held that the petitioner's claims of ineffective assistance of counsel and violations of his Sixth Amendment rights were without merit, and therefore denied his petition for a writ of habeas corpus.
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N.D. Fla.·
2025-10-14
The court recommended dismissal of the habeas petition without prejudice.
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The court held that the petitioner failed to show that the state appellate court's denial of his ineffective assistance of counsel claim was objectively unreasonable.
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M.D. Fla.·
2025-10-08
The court held that a petitioner who is a fugitive from justice cannot invoke the jurisdiction of the district court to adjudicate a habeas corpus petition.
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Fla. 3d DCA·
2025-10-08
Dieter Riechmann appealed two postconviction court orders denying his habeas corpus petition and denying his motion to withdraw that petition. The appellate court affirmed the denial of the habeas petition and denied certiorari review of the denial of the withdrawal motion, findi
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Fla. 1st DCA·
2025-10-08
The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2025-10-08
A defendant's motion to withdraw a postconviction habeas corpus petition filed after the petition has already been denied is properly denied because the defendant is not entitled to withdraw a motion after it has been ruled upon.
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M.D. Fla.·
2025-10-07
The federal habeas corpus petition is dismissed as time-barred because the petitioner failed to file within the one-year limitations period prescribed by AEDPA. An amended judgment entered nunc pro tunc does not reset the limitations clock.
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N.D. Fla.·
2025-10-02
A § 2254 habeas petition filed more than one year after a conviction becomes final, without a properly filed state post-conviction motion pending during the limitations period, is untimely and must be dismissed under Habeas Rule 4.
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N.D. Fla.·
2025-10-02
A federal court should dismiss a habeas corpus petition challenging ongoing state criminal proceedings if the petition is duplicative of another pending action and Younger abstention is warranted.
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N.D. Fla.·
2025-10-02
The court held that a federal habeas petition challenging ongoing state criminal proceedings should be dismissed as duplicative and subject to abstention under the Younger doctrine.
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The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because his state postconviction motion was not properly filed and therefore did not toll the limitations period, and he failed to establish actual innocence.
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Fla. 1st DCA·
2025-10-01
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-10-01
The petition for writ of habeas corpus was dismissed.
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S.D. Fla.·
2025-09-30
The court held that it lacks jurisdiction to consider the petitioner's challenge to his removal proceedings and therefore denies the petition for habeas corpus.
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S.D. Fla.·
2025-09-30
The court held that the pro se petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA) because it was filed more than eight years after the one-year limitation period expired, and the petitioner failed to establish actual
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N.D. Fla.·
2025-09-26
The court held that a federal habeas corpus petition challenging ongoing state criminal proceedings is subject to Younger abstention, and claims regarding conditions of confinement must be brought as a civil rights action.
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S.D. Fla.·
2025-09-26
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either not cognizable in habeas, failed on the merits, or were moot.
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N.D. Fla.·
2025-09-25
The court held that the petition for writ of habeas corpus should be dismissed for failure to exhaust administrative remedies and alternatively denied on the merits.
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M.D. Fla.·
2025-09-25
Christopher Hanney filed a federal habeas corpus petition challenging his state convictions for attempted murder, arson, and aggravated battery, stemming from an attack on his ex-wife during a contested divorce. The court denied his petition, finding that several ineffective assi
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Fla.·
2025-09-25
The Florida Supreme Court adopted amendments to Florida Rule of Criminal Procedure 3.131 regarding pretrial release procedures. The amendments align the rule with recent statutory changes to sections 903.011 and 903.047, Florida Statutes, effective January 1, 2026.