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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403 So. 3d 517·
Fla. 6th DCA·
2025-03-07
Park Royal Hospital appeals a mandatory injunction requiring compliance with Florida's Baker Act and Administrative Code provisions for future unnamed patients. The trial court entered the broad injunction despite S.M.'s petition seeking only habeas corpus relief and correction o
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Fla. 1st DCA·
2025-03-05
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-03-05
A petition for writ of habeas corpus must allege that the relief requested would entitle the petitioner to either immediate release or a new trial.
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M.D. Fla.·
2025-03-04
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not the proper vehicle to challenge child support orders or domestic violence injunctions when the petitioner is not in custody, nor can it be used to intervene in ongoing state criminal proceeding
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M.D. Fla.·
2025-03-03
The court held that the petitioner's federal habeas petition was filed outside the one-year statute of limitations established by AEDPA and was therefore dismissed as time-barred.
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M.D. Fla.·
2025-02-28
The court held that it lacks subject matter jurisdiction to consider the petitioner's Rule 60(b) motion because it constitutes a second or successive habeas petition for which authorization was not obtained.
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The court held that a federal habeas petitioner cannot challenge a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it, and that the Prison Releasee Reoffender sentencing enhancement was constitutional as applied.
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M.D. Fla.·
2025-02-27
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling.
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M.D. Fla.·
2025-02-26
Reinier Fundora-Martinez, an inmate convicted in Duval County state court of motor vehicle fraud and organized fraud offenses, sought federal habeas relief under 28 U.S.C. § 2254, raising five grounds including claims of deficient performance by his trial counsel regarding failur
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S.D. Fla.·
2025-02-26
Glenn Blackledge petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state conviction. The district court adopted the magistrate judge's recommendation and denied the petition, finding no constitutional violation warranting federal intervention.
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M.D. Fla.·
2025-02-26
A district court lacks jurisdiction to consider an unauthorized second or successive habeas corpus application without prior authorization from the court of appeals.
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M.D. Fla.·
2025-02-25
The court held that the petitioner's federal habeas petition was time-barred under AEDPA because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances justifying equitable tolling.
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M.D. Fla.·
2025-02-24
The court held that the petitioner's claims were procedurally barred from federal habeas review because he failed to present them properly to the state courts and did not demonstrate cause and prejudice or a fundamental miscarriage of justice to overcome the default.
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M.D. Fla.·
2025-02-24
The court held that the federal habeas petition was premature because the petitioner had not exhausted all available state court remedies.
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S.D. Fla.·
2025-02-21
The court held that the petitioner failed to demonstrate that the state court's ruling on his ineffective assistance of counsel claims was contrary to federal law or based on an unreasonable determination of facts.
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M.D. Fla.·
2025-02-18
The court held that the petitioner's claims were unexhausted, procedurally barred, or meritless, and thus denied the petition for writ of habeas corpus.
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M.D. Fla.·
2025-02-14
The court held that the state court's adjudication of the petitioner's claims was not contrary to federal law and denied the petition for writ of habeas corpus.
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N.D. Fla.·
2025-02-13
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S.D. Fla.·
2025-02-13
The court held that a federal habeas petition containing unexhausted claims should be dismissed without prejudice if the petitioner has not demonstrated good cause for the failure to exhaust and a viable state procedure remains available.
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Fla. 1st DCA·
2025-02-12
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2025-02-12
The court held that the petitioner's federal habeas petition was time-barred under AEDPA and that equitable tolling was not warranted.
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M.D. Fla.·
2025-02-11
Grounds Three and Four are procedurally barred from federal review because the petitioner failed to fairly present the federal nature of these claims to the state courts. Grounds One and Two are subject to review on the merits.
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The court recommended denying the plaintiff's motion for relief under Rule 60 as it pertained to the current civil rights case and dismissing it for lack of jurisdiction as it pertained to vacating a state-court criminal judgment.
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M.D. Fla.·
2025-02-11
Oscar Wesley Smith, convicted of second-degree murder in the 2006 killing of a homeless woman in Ruskin, Florida, sought federal habeas relief challenging his life sentence on multiple grounds of ineffective assistance of counsel and prosecutorial misconduct. The district court d
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M.D. Fla.·
2025-02-10
LaMark DeWayne Rowell challenged his Florida conviction for sexual battery on a physically helpless person, arguing that the evidence was insufficient to prove lack of consent and the victim's incapacity, and that his trial and appellate counsel provided ineffective assistance in
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M.D. Fla.·
2025-02-06
The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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The court held that the petitioner is not entitled to federal habeas corpus relief because his claims were either denied on the merits under AEDPA standards or dismissed as procedurally defaulted and unexhausted.
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Fla. 3d DCA·
2025-02-05
When a petitioner presents a facially sufficient petition for belated appeal and the State raises a good faith factual dispute, the appellate court must appoint a commissioner to conduct an evidentiary hearing on the limited disputed issues.
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M.D. Fla.·
2025-02-05
The court held that the petitioner's unsigned petition for a writ of habeas corpus was frivolous and dismissed it with prejudice, denying a certificate of appealability.
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S.D. Fla.·
2025-02-03
Damion Anthony Delapena sought federal habeas relief through a § 2254 petition challenging his convictions for multiple robberies and assault, arguing that his trial counsel rendered ineffective assistance by advising him that a motion to suppress would be meritless, that downwar
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M.D. Fla.·
2025-01-31
The federal court dismissed the petition for writ of habeas corpus without prejudice.
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M.D. Fla.·
2025-01-30
Juan Roberto Barron-Salazar, convicted of sexually abusing his two daughters over several years, sought federal habeas relief under 28 U.S.C. § 2254, challenging his conviction and life sentence on multiple grounds including ineffective assistance of counsel and due process viola
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M.D. Fla.·
2025-01-30
Juan Domingo Eusebio, a pro se prisoner, filed a habeas corpus petition under 28 U.S.C. § 2241 but failed to pay the required filing fee or request in forma pauperis status within the specified deadline. The district court dismissed the case and denied his motion for reconsiderat
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M.D. Fla.·
2025-01-29
Traci Lynne Clark, an inmate convicted of DUI manslaughter in Putnam County, Florida, challenged her conviction through a federal habeas corpus petition under 28 U.S.C. § 2254, arguing that her trial counsel was ineffective, that the trial court erred in denying her motion for ju
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M.D. Fla.·
2025-01-29
The court held that the petitioner's application for a writ of habeas corpus is time-barred under the Antiterrorism and Effective Death Penalty Act.
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Fla. 1st DCA·
2025-01-29
The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2025-01-29
The habeas corpus petition was denied.
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Fla. 1st DCA·
2025-01-29
Tyrone Ivey appealed the dismissal of his habeas corpus petition challenging his 2020 convictions for attempted manslaughter, aggravated assault, and leaving the scene of a crash. The First District Court of Appeal affirmed the dismissal, finding Ivey's claims procedurally barred
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M.D. Fla.·
2025-01-29
The court held that a state prisoner's claims challenging his conviction or sentence must be brought via habeas corpus, not a § 1983 action, and that the state itself is not a "person" amenable to suit for monetary damages under § 1983.
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N.D. Fla.·
2025-01-28
The court adopted the Magistrate Judge's recommendation, holding that the petitioner's habeas petition was untimely under AEDPA and dismissing the petition.
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N.D. Fla.·
2025-01-28
The court held that the petitioner's habeas petition was untimely filed and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2025-01-27
The court held that the petitioner's Fourth Amendment claim is barred under Stone v. Powell because he had a full and fair opportunity to litigate it in state court. The court also found an ineffective assistance of trial counsel claim unexhausted.
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M.D. Fla.·
2025-01-23
The court held that the petitioner failed to demonstrate that the state court's decision was contrary to or an unreasonable application of clearly established federal law, or an unreasonable determination of fact, and thus denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2025-01-23
The court held that the petitioner's claims lacked merit, including those based on sovereign citizen theories, denial of self-representation, insufficient record, and violation of confrontation rights.
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N.D. Fla.·
2025-01-22
Matthew Tobin sought federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state conviction. The district court adopted the magistrate judge's report and recommendation, dismissing the petition as untimely and denying a certificate of appealability.
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M.D. Fla.·
2025-01-22
Jean Robert Navuis Sugrin, a Florida prisoner convicted of attempted robbery while masked and in possession of a firearm, filed a federal habeas corpus petition raising claims of ineffective assistance of trial counsel, ineffective assistance of appellate counsel, and trial court
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S.D. Fla.·
2025-01-22
The federal habeas petition is dismissed as time-barred because it was filed after the one-year limitations period expired and the petitioner did not demonstrate entitlement to equitable tolling or actual innocence.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it with prejudice.
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M.D. Fla.·
2025-01-21
The court held that the petitioner's claim of ineffective assistance of trial counsel was not substantial enough to overcome procedural default under the Martinez v. Ryan exception.
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S.D. Fla.·
2025-01-21
The court held that the federal habeas petition is premature because a state post-conviction motion remains pending, and therefore state remedies are not fully exhausted.