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.·
2025-07-29
The court held that the petitioner failed to exhaust her administrative remedies by not properly filing her initial grievance at the institutional level, thus her petition for writ of habeas corpus must be dismissed.
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M.D. Fla.·
2025-07-28
The court held that a petition for writ of habeas corpus is not the proper vehicle for challenging the conditions of confinement; such claims must be brought as a civil rights action under 42 U.S.C. § 1983. The court also held it lacked authority to order inmate transfers.
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Fla. 1st DCA·
2025-07-23
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-07-23
The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2025-07-23
A petition for writ of habeas corpus cannot be used as a substitute for postconviction relief under Florida Rules of Criminal Procedure 3.800 or 3.850, and a litigant barred from proceeding pro se must comply with that bar by obtaining counsel to file any motion in the trial cour
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A petitioner claiming ineffective assistance of appellate counsel must establish both deficient performance constituting a serious error falling measurably outside the range of professionally acceptable performance and resulting prejudice that undermined confidence in the correct
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When a habeas corpus petition challenging the legality of detention of minors charged as adults presents disputed material facts, the court shall appoint a commissioner to hold an evidentiary hearing and submit findings before proceeding.
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The court held that the Bureau of Prisons (BOP) properly denied the petitioner's request for early release credit for participating in the Residential Drug Abuse Program (RDAP) because his conviction involved a firearm, making him ineligible under BOP regulations.
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N.D. Fla.·
2025-07-22
The court recommended denying the petitioner's request for a stay and granting the state's motion to dismiss the mixed habeas petition without prejudice, unless the petitioner amends the petition to remove unexhausted claims.
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M.D. Fla.·
2025-07-22
The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2025-07-21
The court held that the petitioner is not entitled to a writ of habeas corpus because his petition lacks specificity, he has not exhausted state remedies, and the court must abstain from interfering in ongoing state criminal proceedings. A certificate of appealability is also den
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The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and equitable tolling and actual innocence exceptions did not apply.
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The court held that the Bureau of Prisons has discretion in designating the timing and place of prerelease custody, and the statutes do not mandate immediate transfer.
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A federal habeas corpus petition was dismissed without prejudice for the petitioner's failure to comply with an Order to Show Cause within the deadline set by the court.
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N.D. Fla.·
2025-07-20
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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The court held that a federal prisoner challenging his sentence must use a motion under 28 U.S.C. § 2255, and such a motion is premature while a direct appeal is pending.
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The court held that the petitioner's federal habeas corpus petition was untimely and not subject to equitable tolling because she failed to demonstrate extraordinary circumstances and lacked diligence in pursuing her rights.
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Challenges to the Florida Parole Commission's presumptive parole release date determinations must be brought in Leon County Circuit Court, where the Commission is headquartered.
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M.D. Fla.·
2025-07-16
The court held that a federal habeas petition must be dismissed without prejudice if the petitioner has not exhausted all available state remedies.
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M.D. Fla.·
2025-07-15
The court held that a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254 must be dismissed if the petitioner has not obtained prior authorization from the court of appeals.
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M.D. Fla.·
2025-07-15
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate extraordinary circumstances justifying equitable tolling and did not act with reasonable diligence.
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M.D. Fla.·
2025-07-15
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish the actual innocence exception.
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M.D. Fla.·
2025-07-14
The court held that the applicant's claims are procedurally barred from federal review because they were not properly exhausted in state court and the applicant failed to demonstrate cause and prejudice or a fundamental miscarriage of justice.
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N.D. Fla.·
2025-07-14
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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The court held that the petitioner's motion for reconsideration, construed as a Rule 59(e) motion for relief from judgment, was denied because it failed to present new evidence or demonstrate clear error, instead relitigating previously decided issues.
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M.D. Fla.·
2025-07-10
Kurt Van Zeeland, an inmate convicted of second-degree murder, sought federal habeas corpus relief arguing that his trial counsel was ineffective for misadvising him about a self-defense claim and for misrepresenting the sentence he would receive if he pleaded guilty. The distric
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M.D. Fla.·
2025-07-09
The court held that the applicant failed to show that the state court's denial of his ineffective assistance of counsel claims was objectively unreasonable.
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M.D. Fla.·
2025-07-03
The court held that it lacks jurisdiction to grant an extension of time to file a habeas petition before the petition itself has been filed.
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Fla. 1st DCA·
2025-07-02
The petition for writ of habeas corpus was dismissed.
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Michael Sockwell was convicted of murder for pecuniary gain and sentenced to death by Alabama, and he challenged his conviction through habeas corpus on the grounds that the prosecution violated his Fourteenth Amendment equal protection rights by using peremptory strikes to syste
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A federal pretrial detainee cannot use a Section 2241 habeas corpus petition to challenge an ongoing criminal prosecution before trial, absent exceptional circumstances.
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The court held that a federal court lacks subject-matter jurisdiction to address motions or substantive matters when a petitioner has not filed an actual habeas corpus petition.
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Appellate counsel's failure to raise a double jeopardy claim regarding convictions for both possession and trafficking of cocaine constituted ineffective assistance of counsel, entitling the petitioner to a new appeal on that issue.
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The court held that the petitioner is entitled to equitable tolling, making his federal habeas petition timely filed.
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M.D. Fla.·
2025-06-27
An inmate challenging his armed robbery conviction and life sentence filed a federal habeas petition raising seven grounds for relief, including claims regarding judicial jurisdiction, trial judge disqualification, ineffective counsel, sentencing errors, and waiver of counsel pro
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M.D. Fla.·
2025-06-27
A federal habeas corpus application is premature and subject to dismissal if the applicant's conviction is not yet final because the time to appeal has not expired.
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N.D. Fla.·
2025-06-27
The First Step Act does not remove the Bureau of Prisons' discretion in determining the timing and location of a prisoner's placement in prerelease custody, and a prisoner has no liberty interest in such placement.
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M.D. Fla.·
2025-06-26
A federal court cannot grant a Section 2241 petition unless the petitioner has exhausted all available state remedies, and the application is dismissed as premature if state remedies have not been exhausted.
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M.D. Fla.·
2025-06-25
The court held that the pro se prisoner's complaint must be dismissed without prejudice because it failed to comply with procedural rules, sought impermissible relief, and contained insufficient allegations.
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Fla. 1st DCA·
2025-06-25
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-06-25
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-06-25
The petition for writ of habeas corpus was dismissed.
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Successive petitions for the same relief under Florida Rule of Criminal Procedure 3.850 are not cognizable and may be summarily denied.
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S.D. Fla.·
2025-06-23
The court held that it lacks subject matter jurisdiction to review the petitioner's claims challenging his expedited removal and detention, as these claims are barred by the Immigration and Nationality Act's limitations on judicial review.
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M.D. Fla.·
2025-06-23
The court held that the petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be dismissed without prejudice because he failed to exhaust state remedies and the Younger abstention doctrine applies. The court also denied a certificate of appealability.
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M.D. Fla.·
2025-06-23
A pro se prisoner filed a federal habeas corpus petition under 28 U.S.C. § 2241 in the Middle District of Florida, but the court lacked proper jurisdiction because the petitioner is incarcerated in the Northern District of Florida. The court transferred the case to the proper dis
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N.D. Fla.·
2025-06-23
A pro se prisoner filed a federal habeas corpus petition under 28 U.S.C. § 2241 in the Orlando Division of the Northern District of Florida. The court ordered transfer of the case to the Tallahassee Division where the petitioner is actually incarcerated, as jurisdiction over § 22
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M.D. Fla.·
2025-06-23
Brian Keith Smith, a Florida inmate sentenced to life imprisonment for armed robbery, petitioned for federal habeas corpus relief raising eight claims, including trial court errors in allowing certain testimony and jury instruction issues, as well as several ineffective assistanc
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M.D. Fla.·
2025-06-20
The court held that a petitioner may not maintain two actions on the same subject in the same court against the same defendant at the same time.
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M.D. Fla.·
2025-06-20
The petition for a writ of habeas corpus is dismissed as moot because the petitioner received a de novo disciplinary hearing and was provided the necessary documentation to appeal.