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.·
2025-04-11
The court held that the petition for a writ of habeas corpus is denied as successive because the petitioner failed to obtain authorization from the court of appeals to file a second petition.
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M.D. Fla.·
2025-04-10
The Court denies the petition for writ of habeas corpus, finding that one ground is procedurally barred and the others fail on the merits under AEDPA's deferential standard of review.
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M.D. Fla.·
2025-04-10
The court held that the petitioner's claims of ineffective assistance of counsel were denied because the state court's decisions were not contrary to or an unreasonable application of federal law, and the petitioner failed to demonstrate prejudice.
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M.D. Fla.·
2025-04-09
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M.D. Fla.·
2025-04-09
The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year statute of limitations, and his claims of actual innocence do not excuse the procedural default.
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N.D. Fla.·
2025-04-09
The court held that the petitioner failed to demonstrate entitlement to immediate transfer to prerelease custody, as her First Step Act credits were not yet applicable and Second Chance Act placement is discretionary.
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N.D. Fla.·
2025-04-08
A federal habeas petition under 28 U.S.C. § 2254 must be dismissed if the petitioner has not exhausted available state remedies, including administrative grievance procedures and state court filings.
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M.D. Fla.·
2025-04-08
The federal district court must dismiss a habeas petition if the petitioner has not exhausted all available remedies in state court.
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Pro se prisoner Jimmie Lee Clark filed a handwritten letter and mandamus petition claiming ineffective assistance of appellate counsel in state court. The federal district court dismissed the filing without prejudice for failure to comply with procedural requirements, directing C
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The federal court dismissed a prisoner's petition seeking to compel state officials to disclose discovery in a state criminal case, finding it lacked jurisdiction.
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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.·
2025-04-07
A prisoner convicted of terrorism-related offenses, including murder and use of weapons of mass destruction, is ineligible for earned time credits under the First Step Act due to statutory exclusions.
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Fla. 5th DCA·
2025-04-04
A petitioner whose habeas corpus petition has been dismissed may be cautioned and threatened with sanctions for filing further abusive, repetitive, malicious, or frivolous filings on the same matter.
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Fla. 4th DCA·
2025-04-02
A speedy trial argument is not a valid ground for habeas corpus relief and must be raised on direct appeal or in a properly filed rule 3.850 motion.
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S.D. Fla.·
2025-04-01
The court granted the motion to dismiss because the petitioner's release from custody rendered his claims moot, and he also failed to respond to the motion as required by local rules.
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M.D. Fla.·
2025-04-01
The court held that the petitioner's federal habeas corpus petition was time-barred under the Anti-Terrorism and Effective Death Penalty Act (AEDPA) because it was filed long after the one-year limitations period expired.
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M.D. Fla.·
2025-03-31
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed more than one year after the judgment became final and no tolling events occurred.
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M.D. Fla.·
2025-03-31
The court held that most of the applicant's claims were procedurally barred due to failure to exhaust state remedies, and the remaining claim lacked merit under AEDPA's deferential standard of review.
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M.D. Fla.·
2025-03-31
A federal court may not grant a § 2241 petition unless the petitioner has exhausted all available state remedies.
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M.D. Fla.·
2025-03-31
The court held that claims raised in a prior habeas petition are barred as successive without appellate authorization, and claims not exhausted in state court are procedurally defaulted.
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M.D. Fla.·
2025-03-28
The court denied the petition for writ of habeas corpus, finding no basis for relief under AEDPA standards.
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M.D. Fla.·
2025-03-28
The court denied most of Petitioner's pending motions, including requests for an evidentiary hearing, supplementation of the petition with certain exhibits, and summary judgment.
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S.D. Fla.·
2025-03-28
The petition for writ of habeas corpus is dismissed as untimely because it was filed outside the one-year limitations period established by AEDPA, and the petitioner has not demonstrated entitlement to statutory or equitable tolling, nor any exception to the time bar.
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The court held that the petitioner's habeas corpus petition appears untimely under AEDPA, and the petitioner must show cause why it should not be dismissed.
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M.D. Fla.·
2025-03-25
The court held that a motion for reconsideration under Rule 59(e) must be based on newly discovered evidence or manifest error, and the petitioner failed to meet this standard for his claims.
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M.D. Fla.·
2025-03-25
The court held that a petitioner subject to an immigration detainer is not eligible for early release credits under the RDAP program, and the BOP's decision is not subject to judicial review.
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M.D. Fla.·
2025-03-24
The court held that the petitioner's habeas corpus application is duplicative of a prior filing and that he has not made a substantial showing of the denial of a constitutional right, thus precluding appeal.
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M.D. Fla.·
2025-03-21
The court denied the petition for writ of habeas corpus, finding that the state court's rejection of the petitioner's claims was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2025-03-20
James Carter, convicted of burglary with damage exceeding $1,000, first-degree arson, and aggravated stalking after confessing to setting a fire at his ex-girlfriend's parents' home in Florida, sought federal habeas relief challenging the admission of his statements to police and
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M.D. Fla.·
2025-03-20
The court held that a successive federal habeas petition filed without prior authorization from the court of appeals must be denied for lack of jurisdiction.
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The court held that the plaintiff is barred from proceeding in forma pauperis due to the PLRA's three-strikes rule and cannot file a second or successive habeas corpus petition without prior authorization.
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Fla. 1st DCA·
2025-03-19
The petition for writ of habeas corpus was dismissed.
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2023 WL 4488294·
M.D. Fla.·
2025-03-17
The court held that a habeas corpus petition is time-barred under AEDPA, and the petitioner's claim of a miscarriage of justice due to a constitutional violation does not overcome the time bar without a showing of actual innocence.
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N.D. Fla.·
2025-03-17
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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M.D. Fla.·
2025-03-14
The court denied the petitioner's motion for reconsideration because it did not present newly discovered evidence or demonstrate manifest error of law or fact.
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M.D. Fla.·
2025-03-13
A federal habeas petition is time-barred if filed after the one-year limitations period, and reliance on misinformation from a prison law clerk does not constitute an extraordinary circumstance for equitable tolling.
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Jacquan Vontel Shootes challenged his Florida conviction for two counts of aggravated assault and carrying a concealed firearm through a federal habeas petition, raising claims of ineffective assistance of counsel regarding jury instructions on self-defense, cross-examination str
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The court held that a prisoner subject to a final order of removal is ineligible to apply First Step Act time credits.
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Fla.·
2025-03-13
Edward T. James, a death row inmate with two capital sentences and an active death warrant, appeals the circuit court's summary denial of his successive motion for postconviction relief and petitions for habeas corpus and stay of execution. The Florida Supreme Court affirmed the
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M.D. Fla.·
2025-03-12
The court held that the petitioner is not entitled to federal habeas relief because the state court's decision to find forfeiture of the right to counsel was not contrary to or an unreasonable application of clearly established federal law, and the denial of deposition transcript
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The appellate court reversed the circuit court's order prohibiting a defendant from filing further pro se motions under Florida Rule of Criminal Procedure 3.850(n). The court held that while the defendant's four post-conviction filings lacked merit or were procedurally deficient,
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M.D. Fla.·
2025-03-12
The court denied the petition for writ of habeas corpus, finding that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's motion for reconsideration of the dismissal of his habeas petition was denied because he failed to establish any exceptions to the Younger abstention doctrine.
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M.D. Fla.·
2025-03-11
The court held that the petitioner's federal habeas petition was untimely filed and that he was not entitled to equitable tolling.
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M.D. Fla.·
2025-03-10
The court held that the applicant failed to show 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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M.D. Fla.·
2025-03-10
Terry Lequan Dixon challenged his state conviction for accessory after the fact on federal habeas corpus grounds, asserting that the evidence was insufficient, that the prosecutor improperly commented on his right to remain silent, and that his trial counsel was ineffective for f
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The court recommended dismissal of the petition without prejudice due to the petitioner's failure to comply with a court order.
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N.D. Fla.·
2025-03-07
The court held that the petitioner's habeas corpus petition was timely filed because the one-year limitations period, affected by a leap year and a weekend anniversary date, extended to the Monday following the anniversary.
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M.D. Fla.·
2025-03-07
Tyrone Laster, a Florida prisoner convicted of attempted murder in the second degree, sought federal habeas relief under 28 U.S.C. § 2254, raising nine grounds including claims of ineffective assistance of trial and appellate counsel and trial court error. The district court deni
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M.D. Fla.·
2025-03-07
The court held that an amended judgment entered nunc pro tunc to the original judgment date is not a new judgment for purposes of a second or successive habeas petition, and that the petitioner's claims were either successive or procedurally barred.