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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Although a trial court must declare a bond forfeited when a defendant fails to timely appear, the court has discretion under § 903.26(2)(b) to set aside that forfeiture if the defendant appears the same day and doing so would serve the interests of justice. A trial court may abus
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M.D. Fla.·
2025-01-17
The court held that the petition for a writ of habeas corpus must be dismissed as duplicative of other pending and closed cases.
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M.D. Fla.·
2025-01-14
The court held that the petitioner's habeas corpus petition was untimely and dismissed it.
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The court held that a case may be dismissed without prejudice for failure to comply with court orders, local rules, failure to prosecute, and failure to pay the filing fee or apply for in forma pauperis status.
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Fla. 6th DCA·
2025-01-10
Mark Jones appeals the circuit court's orders transferring his habeas corpus petitions challenging his assignment to Close Management II housing from Charlotte County to Leon County. The appellate court agrees with Jones that venue is proper in Charlotte County where he was incar
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Fla. 6th DCA·
2025-01-10
Mark Jones, an incarcerated individual, appealed the lower court's orders transferring his habeas corpus and mandamus petitions from Charlotte County to Leon County. The appellate court agreed with Jones that the petitions were properly construed as habeas corpus petitions for wh
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M.D. Fla.·
2025-01-09
The court held that trial counsel's failure to advise the petitioner of the maximum penalty he faced before rejecting a plea offer constituted ineffective assistance of counsel, warranting habeas corpus relief.
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M.D. Fla.·
2025-01-09
The court held that defects in state collateral proceedings are not cognizable for federal habeas relief, a plea agreement including a waived minimum mandatory sentence is permissible under Florida law, and a claim not raised in state court is procedurally barred unless specific
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A federal court cannot entertain a petition for writ of error coram nobis to challenge a state criminal judgment, and federal courts should abstain from intervening in pending state criminal proceedings absent specific exceptions.
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M.D. Fla.·
2025-01-08
Federal habeas relief is denied because the state court's rejection of the ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts.
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Roderick James Ivery, a Florida prisoner convicted of sexual battery, filed a federal habeas petition under 28 U.S.C. § 2254 challenging his conviction. The district court denied relief on all grounds, finding no constitutional violations warranting federal habeas review and reje
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A non-attorney cannot represent another person's legal interests in federal court, even as a 'next friend'.
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M.D. Fla.·
2025-01-06
Donald Eugene Ward, Jr. filed a second federal habeas petition challenging his 1998 Marion County, Florida conviction. The district court dismissed the petition for lack of jurisdiction because it was successive to a prior § 2254 petition that had been dismissed as untimely, and
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M.D. Fla.·
2025-01-03
The court held that the petitioner failed to show that the state court's denial of his claims was contrary to or involved an unreasonable application of federal law, or was based on an unreasonable factual determination.
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Fla. 5th DCA·
2025-01-03
A pro se litigant whose filings are abusive, repetitive, malicious, or frivolous may be cautioned that further such filings will result in sanctions including a bar on pro se filing and referral for prison disciplinary proceedings.
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The court held that a second federal habeas petition filed without prior authorization from the court of appeals is successive and must be dismissed for lack of jurisdiction.
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M.D. Fla.·
2024-12-30
The court held that the applicant's habeas corpus petition was untimely and dismissed it as time-barred, denying a certificate of appealability.
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M.D. Fla.·
2024-12-30
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claim regarding the denial of a mistrial was procedurally barred and, alternatively, meritless.
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Fla. 1st DCA·
2024-12-23
A habeas corpus petition may be dismissed rather than transferred when it raises untimely, successive, or frivolous postconviction challenges that could have been raised earlier or constitute a second or successive motion under rule 3.850.
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The court held that the petition for writ of habeas corpus was untimely filed under AEDPA, and equitable tolling and actual innocence exceptions did not apply.
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M.D. Fla.·
2024-12-23
The court held that the habeas corpus application was premature and dismissed it, denying a Certificate of Appealability and leave to appeal in forma pauperis.
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Matthew Brodman filed a habeas corpus petition claiming ineffective assistance of appellate counsel after his conviction and sixteen-year prison sentence. The court dismissed the petition with prejudice because Brodman's twenty claims were conclusory and lacked sufficient support
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M.D. Fla.·
2024-12-19
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to, nor an unreasonable application of, clearly established federal law.
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The court held that a federal habeas petitioner cannot overcome a procedural default of an ineffective assistance of counsel claim based on a plea offer if the claim relies on evidence not presented in state court and the petitioner failed to diligently develop the factual basis
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M.D. Fla.·
2024-12-17
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and no basis existed to excuse the delay.
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The court held that a federal habeas corpus petition filed after the one-year AEDPA limitations period expired is time-barred, and the petitioner failed to establish actual innocence to warrant an exception.
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M.D. Fla.·
2024-12-16
The court held that the plaintiff failed to state claims against most defendants and for most claims, but an excessive force claim against one defendant in his individual capacity will proceed.
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M.D. Fla.·
2024-12-13
In this federal habeas corpus case, Terry Dean Perry moved to expand the record to include missing court transcripts and correspondence with his trial counsel, arguing this was necessary to demonstrate due process violations. The court denied the motion regarding transcripts as m
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M.D. Fla.·
2024-12-12
The court held that the petitioner's claims regarding the sufficiency of charging informations, the retroactivity of a statutory amendment, and double jeopardy were meritless or not cognizable on federal habeas review.
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Fla. 3d DCA·
2024-12-12
Malik Sands sought habeas corpus relief from pretrial confinement after the trial court issued an alias capias for his failure to appear at a pretrial conference, despite two filed written waivers of appearance. The Third District Court of Appeal agreed that the trial court lacke
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M.D. Fla.·
2024-12-10
The court held that the federal habeas petition was untimely under AEDPA and that the petitioner's claims lacked merit.
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M.D. Fla.·
2024-12-09
The court denied the motion for reconsideration because the petitioner failed to present new arguments or evidence justifying reconsideration.
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M.D. Fla.·
2024-12-09
The court adopted the magistrate judge's recommendation, denying the habeas corpus petition because the petitioner received adequate due process in prison disciplinary proceedings.
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The court held that a state prisoner's federal habeas corpus petition under 28 U.S.C. § 2254 was untimely because it was filed more than one year after the judgment became final, and a subsequent nunc pro tunc correction of the sentence did not restart the limitations period.
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The petition for writ of habeas corpus is dismissed as moot because the petitioner received the requested relief, and also for failure to exhaust administrative remedies.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and dismissed the case with prejudice.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and dismissed the case.
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M.D. Fla.·
2024-12-04
The court held that a pretrial detainee cannot seek habeas corpus relief under 28 U.S.C. § 2254, and relief under § 2241 is barred by the Younger abstention doctrine and failure to exhaust state remedies.
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Fla. 1st DCA·
2024-12-04
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-12-04
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-11-27
A petition for writ of habeas corpus that does not meet the requirements established in Baker v. State must be dismissed.
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Fla. 1st DCA·
2024-11-27
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-11-27
George Tay challenged his state court convictions for possessing 100 counts of child pornography by filing a federal habeas petition claiming ineffective assistance of counsel. The federal district court denied Tay's petition after finding that trial counsel's performance was not
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S.D. Fla.·
2024-11-26
Joseph Haas, convicted of arson and attempted manslaughter arising from a fire at his house, sought federal habeas relief on grounds including double jeopardy, due process, and ineffective assistance of counsel. The court denied all claims but issued a certificate of appealabilit
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M.D. Fla.·
2024-11-26
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by AEDPA, and no tolling or equitable exceptions apply.
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M.D. Fla.·
2024-11-26
William Gary Hurst, convicted of first-degree murder in the 1982 death of his wife Amy Hurst based on evidence surfaced nearly thirty years later, sought federal habeas corpus relief challenging his conviction on multiple grounds including ineffective assistance of counsel and ju
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M.D. Fla.·
2024-11-25
The district court lacks subject matter jurisdiction to review the denial of an adjustment of status application under INA § 245(a) due to the jurisdictional bar in INA § 1252(a)(2)(B).
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M.D. Fla.·
2024-11-25
Julio Villanueva-Vasquez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his Florida state convictions for attempted second-degree murder, aggravated stalking, burglary with assault, domestic violence injunction violation, and criminal mischief ari
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The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, and further amendment would be futile.
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The Florida First District Court of Appeal dismissed J.L.'s appeal from a Circuit Court decision regarding the Department of Children and Families, finding the appeal was untimely filed. The court directed the appellant to seek relief through a petition for writ of habeas corpus