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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S.D. Fla.·
2025-08-27
The District Court affirmed and adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Petition for Writ of Habeas Corpus and a certificate of appealability.
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M.D. Fla.·
2025-08-26
George Shrader challenged his 1986 conviction for the murder and sexual battery of Sharon Moss based on DNA evidence obtained 25 years after the crime, raising claims of jury contamination, insufficient evidence, ineffective counsel, and prosecutorial misconduct. The federal cour
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M.D. Fla.·
2025-08-26
Federal habeas relief is denied because the state court's decisions were 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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M.D. Fla.·
2025-08-26
The court denied the petition for a writ of habeas corpus, finding no merit in the petitioner's claims regarding hearsay, sentencing, ineffective assistance of counsel, judicial bias, or opening the door to harmful testimony.
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M.D. Fla.·
2025-08-25
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate the necessary diligence for equitable tolling.
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N.D. Fla.·
2025-08-22
The court recommended dismissal of the petition for writ of habeas corpus because it was duplicative of prior filings.
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M.D. Fla.·
2025-08-22
The court held that the petitioner's habeas corpus petition, emergency motion for a temporary restraining order, and motion for return were moot because the petitioner had been removed from the United States.
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N.D. Fla.·
2025-08-22
The court held that the petition for writ of habeas corpus should be dismissed without prejudice as duplicative of prior filings.
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N.D. Fla.·
2025-08-22
The court held that the petitioner's current habeas corpus petition should be dismissed without prejudice as duplicative of prior filings.
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N.D. Fla.·
2025-08-21
The court held that a habeas corpus petition should be dismissed without prejudice as duplicative if it raises the same or substantially similar issues as prior pending or dismissed cases.
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N.D. Fla.·
2025-08-21
A prisoner has no enforceable interest in transfer to prerelease custody on his earliest eligibility date, and BOP placement decisions are not reviewable by courts.
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N.D. Fla.·
2025-08-21
The court recommended dismissal of the habeas corpus petition as duplicative of prior filings.
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M.D. Fla.·
2025-08-21
The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law.
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Habeas corpus is not a second appeal and cannot be used to litigate or relitigate issues which could have been, should have been, or were raised on direct appeal.
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The petition is denied because it is insufficiently pleaded and fails on the merits, and a certificate of appealability will not issue.
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M.D. Fla.·
2025-08-20
Jeffrey Allen Weddington II, incarcerated in the Florida penal system, sought federal habeas corpus relief challenging his 2017 state court conviction for sexual battery, domestic felony battery, and false imprisonment, but the federal district court denied relief on all four gro
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M.D. Fla.·
2025-08-20
The court granted Petitioner's motion to supplement the record with an audio recording, but denied his motion for summary judgment and other related motions.
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Fla. 1st DCA·
2025-08-20
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2025-08-19
The court held that a habeas corpus petition under 28 U.S.C. § 2241 must be filed in the district of the petitioner's custodian, and therefore transferred the case.
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M.D. Fla.·
2025-08-18
The court held that the petitioner's trial counsel was not ineffective for failing to submit a written special jury instruction, as the standard instruction was sufficient and counsel's oral request was considered.
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N.D. Fla.·
2025-08-18
The court held that the First Step Act's amendment to the Good Conduct Time statute does not require retroactive recalculation of credits for completed sentences, and the petitioner failed to exhaust administrative remedies.
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M.D. Fla.·
2025-08-18
The court held that the state court's denial of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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The court held that the petitioner's habeas corpus petition was timely filed, denying the respondents' motion to dismiss.
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M.D. Fla.·
2025-08-14
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and procedurally barred due to failure to exhaust state remedies.
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Fla. 1st DCA·
2025-08-13
Habeas corpus is not available to collaterally attack a judgment and sentence when the claims can be raised by motion under Florida Rule of Criminal Procedure 3.850.
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N.D. Fla.·
2025-08-11
The court held that the petition for a writ of habeas corpus should be dismissed because it fails to state a legal or factual basis for relief and abstention is warranted under Younger v. Harris.
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M.D. Fla.·
2025-08-11
The court held that it has subject-matter jurisdiction over the habeas corpus petition and that the petition is ripe for review, as the presumptively reasonable detention period has expired.
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M.D. Fla.·
2025-08-11
Martinez filed a federal habeas corpus petition under 28 U.S.C. § 2241 challenging her detention in Hillsborough County jail on an out-of-state fugitive warrant. The district court dismissed the petition without prejudice because Martinez failed to exhaust available state court r
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M.D. Fla.·
2025-08-11
The district court dismissed the habeas corpus application because it was an unauthorized second or successive filing.
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The court adopted in part the Magistrate Judge's Report and Recommendation, dismissing the complaint with prejudice and restricting the pro se plaintiff's future filings in the case.
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N.D. Fla.·
2025-08-07
The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 is not the appropriate vehicle to challenge ongoing criminal proceedings or conditions of confinement.
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N.D. Fla.·
2025-08-07
The court held that the respondent's motion to dismiss for failure to name a proper respondent should be denied, and the Clerk should substitute the Secretary of the Florida Department of Children and Families as the respondent.
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Fla. 2d DCA·
2025-08-06
A habeas petition that seeks collateral postconviction relief and would be barred by procedural rules (such as the two-year filing deadline or claims that could have been raised at trial or on direct appeal) must be dismissed as unauthorized rather than converted and transferred
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M.D. Fla.·
2025-08-06
The court held that federal courts should abstain from exercising jurisdiction over a pretrial detainee's habeas corpus petition when state court procedures can resolve the issues raised.
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M.D. Fla.·
2025-08-06
The court granted the motion for rehearing, vacated the prior dismissal, and ordered the petitioner to show cause why his petition should not be dismissed as untimely.
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Habeas corpus is not a vehicle for obtaining additional appeals of issues raised or waivable on direct appeal or in rule 3.850 proceedings.
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M.D. Fla.·
2025-08-05
The court held that the petitioner's claims are denied because they are either procedurally defaulted, not cognizable, or fail to meet the high bar for federal habeas relief under AEDPA.
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S.D. Fla.·
2025-08-05
The court recommended denying the Petition for Writ of Habeas Corpus, finding no constitutional error in the state court proceedings.
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N.D. Fla.·
2025-08-05
A federal court should abstain from interfering with ongoing state criminal proceedings under the Younger doctrine unless narrow exceptions apply, which was not shown here.
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A prisoner's § 1983 civil rights action is barred if a judgment in favor of the plaintiff would necessarily imply the invalidity of their conviction or sentence, unless the conviction has been invalidated.
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M.D. Fla.·
2025-08-04
The court held that the amended petition for writ of habeas corpus was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). A certificate of appealability is not warranted.
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N.D. Fla.·
2025-08-01
The court held that the petitioner's habeas corpus petition was untimely filed and not entitled to equitable tolling or the actual innocence exception.
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Fla. 6th DCA·
2025-08-01
A prisoner's petition for writ of habeas corpus challenging close management confinement must be filed in the circuit court of the county in which the prisoner is detained, not transferred to the county where the state agency maintains its headquarters.
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M.D. Fla.·
2025-07-30
The court held that the state court's denial of the petitioner's claims was not contrary to or an unreasonable application of federal law, and was not based on an unreasonable determination of facts.
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Fla. 3d DCA·
2025-07-30
Mark A. Johnson sought parole after serving 25 years of a mandatory life sentence, claiming a right to parole. The court affirmed that parole in Florida is a matter of grace, not a right, and that the Parole Commission has discretion in deciding whether to grant parole according
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A circuit court has jurisdiction to hear a habeas corpus petition challenging the calculation of gain time and retention of jurisdiction over a sentence when filed in the county where the prisoner is detained.
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Gregory Ponton filed a habeas corpus petition in the Florida District Court of Appeal, Third District, challenging his conviction or sentence. The court denied the petition, finding it without merit and citing recent precedent holding that Erlinger v. United States does not apply
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A successive habeas corpus petition raising claims that should have been presented on direct appeal is procedurally barred and must be dismissed.
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S.D. Fla.·
2025-07-30
The court held that the petitioner's circumstances did not render the mandatory detention statute unconstitutional as applied, nor did they demonstrate a due process violation.
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N.D. Fla.·
2025-07-30
The court held that a habeas petition seeking to compel the Bureau of Prisons to transfer a prisoner to prerelease custody based on earned time credits fails because the prisoner did not allege sufficient facts and the court lacks the authority to order such a transfer, as placem