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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The Florida First District Court of Appeal dismissed C.S.'s appeal from a circuit court decision regarding his minor child as untimely filed under the Florida Rules of Appellate Procedure, directing him to pursue a petition for writ of habeas corpus in the circuit court if he see
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N.D. Fla.·
2024-11-15
Challenges to the validity of a criminal conviction are cognizable only in a habeas corpus action, not a civil rights action, unless the conviction has been invalidated.
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Fla. 1st DCA·
2024-11-13
Charity Noelle Wood appealed an order transferring her petition for writ of habeas corpus from Gadsden County to the committing court in Pinellas County. The First District Court of Appeal affirmed the transfer order, finding that only the committing court has jurisdiction to det
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The Florida District Court of Appeal, First District, denied William Lawrence's petition for a writ of habeas corpus challenging his pretrial detention order. The court found that the detention order was not based exclusively on inadmissible hearsay evidence and that petitioner f
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A prisoner's failure to disclose a prior federal habeas corpus petition on a court-required disclosure form constitutes abuse of the judicial process, warranting dismissal of the current action as malicious under 28 U.S.C. § 1915(e)(2)(B)(i).
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M.D. Fla.·
2024-11-13
The court denied the motion for reconsideration because the petitioner failed to establish extraordinary circumstances and did not address the dispositive issue of whether his state motion was pending.
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Fla. 2d DCA·
2024-11-13
Alton T. McDaniel appeals orders striking his petition for writ of habeas corpus and motion for appointment of regional conflict counsel following his commitment to the Department of Children and Families after acquittal by reason of insanity for first-degree arson. The appellate
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N.D. Fla.·
2024-11-12
The court held that the petitioner's federal habeas corpus petition was untimely filed after the one-year limitations period expired, and therefore, it should be dismissed with prejudice.
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N.D. Fla.·
2024-11-12
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than three years after the one-year limitations period expired.
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S.D. Fla.·
2024-11-12
The court recommended denying the petition for writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and that certain claims were procedurally barred.
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M.D. Fla.·
2024-11-07
The court held that the petitioner's motion for postconviction relief must be dismissed without prejudice because he has not exhausted his state remedies and has not stated a cognizable federal claim.
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N.D. Fla.·
2024-11-07
The court recommended denying the federal habeas petition because the state court's decisions on double jeopardy and ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
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Fla. 1st DCA·
2024-11-06
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-11-06
Baity appealed an order denying his third rule 3.850 motion challenging his 1995 judgment and sentence. The court affirmed the denial, finding the appeal frivolous and referring Baity to the Department of Corrections for sanctions.
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Fla. 3d DCA·
2024-11-06
The petition for habeas corpus relief was denied.
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A state prisoner seeking release on bond pending a habeas corpus decision must demonstrate a likelihood of success on the merits of a substantial constitutional claim and extraordinary and exceptional circumstances. Petitioner failed to meet this standard.
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The court held that the petitioner received adequate due process during prison disciplinary proceedings, as he was provided with written notice of the charges and there was sufficient evidence to support the finding of guilt.
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Fla. 1st DCA·
2024-10-30
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-10-29
The court dismissed the case without prejudice because the petitioner failed to use the required standard forms, combine claims improperly, and did not pay the filing fee or seek in forma pauperis status.
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M.D. Fla.·
2024-10-29
The court held that the petitioner's claims of due process violation and ineffective assistance of counsel were procedurally barred or without merit, as his plea was knowingly and voluntarily entered and any motion to withdraw it would have been denied.
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The Court held that Petitioner's amended petition for a writ of habeas corpus is moot because he has been restored to competency and has new counsel, rendering the requested relief unnecessary.
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M.D. Fla.·
2024-10-29
The court held that a federal prisoner seeking habeas corpus relief for a BOP disciplinary decision must exhaust administrative remedies with the Bureau of Prisons before filing a petition, and that the petitioner failed to do so.
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M.D. Fla.·
2024-10-28
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, as it was filed long after the one-year limitations period expired, even when accounting for potential tolling and a later start date based on alleged newly discovered evidence.
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The Eleventh Circuit held that a state court's explicit designation of an amended sentence as nunc pro tunc requires deference, preventing it from restarting the federal habeas limitations period, but an amended judgment not designated nunc pro tunc does restart the period.
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N.D. Fla.·
2024-10-25
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decision regarding the Bruton violation was not contrary to or an unreasonable application of federal law, and the ineffective assistance of counsel claim also fails under
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M.D. Fla.·
2024-10-25
The court denied the motion for rehearing because the petitioner failed to present extraordinary circumstances and raised issues already decided or procedurally barred.
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N.D. Fla.·
2024-10-25
The court held that a district court lacks jurisdiction to consider a successive habeas corpus petition that has not been authorized by the appropriate court of appeals.
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M.D. Fla.·
2024-10-24
Pro se inmate Cunningham filed a civil rights complaint and habeas petition together in the same case. The court dismissed the civil rights complaint because Cunningham had three prior federal cases dismissed as frivolous or for failure to state a claim, triggering the three-stri
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S.D. Fla.·
2024-10-24
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the petitioner's judgment became final, and neither statutory tolling, equitable tolling, nor the actual innocence exception applies.
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N.D. Fla.·
2024-10-23
The court held that the petitioner, a '3-striker,' cannot proceed in forma pauperis in a civil rights action without paying the filing fee, as he does not allege imminent danger of serious physical injury.
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M.D. Fla.·
2024-10-22
The court denied the motion to proceed in forma pauperis because the appeal was not taken in good faith, as the sole issue raised was not preserved for appeal.
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N.D. Fla.·
2024-10-21
A federal court lacks subject matter jurisdiction over a habeas petition if the petitioner is not 'in custody' pursuant to the conviction under attack when the petition is filed.
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119 F.4th 1261·
11th Cir.·
2024-10-21
The Eleventh Circuit held that the state court reasonably concluded that counsel's failure to file an appellee's brief in response to the State's direct appeal does not entitle the defendant to a presumption of prejudice under United States v. Cronic.
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M.D. Fla.·
2024-10-21
Jesse Alonso, a Florida prisoner, filed a pro se petition for federal habeas relief under 28 U.S.C. § 2254 challenging his conviction for resisting an officer with violence. The district court dismissed the petition as premature because Alonso had not exhausted available state co
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N.D. Fla.·
2024-10-21
The court held that a successive federal habeas petition must be dismissed for lack of jurisdiction if the petitioner has not obtained authorization from the appropriate court of appeals.
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The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence when a § 2255 motion is available.
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M.D. Fla.·
2024-10-18
The court held that the petition for writ of habeas corpus was time-barred under AEDPA's one-year limitations period.
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M.D. Fla.·
2024-10-18
The court granted the petitioner's motion to stay his federal habeas corpus petition pending the resolution of his state collateral proceedings.
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M.D. Fla.·
2024-10-18
The federal court dismissed the petition for writ of habeas corpus because it improperly sought to interfere with pending state criminal proceedings.
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M.D. Fla.·
2024-10-17
The court held that a prisoner subject to a final order of removal is ineligible to apply First Step Act time credits, even if they claim ignorance of the removal order.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it because he failed to demonstrate actual innocence or any other basis for equitable tolling.
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A petition for habeas corpus based on ineffective assistance of appellate counsel must satisfy both the statutory filing deadline and the two-prong Strickland standard requiring specific errors showing deviation from professional norms and prejudice undermining confidence in the
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M.D. Fla.·
2024-10-16
The federal habeas corpus petition was denied as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no grounds for tolling or extension were established.
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Johnny William McIntyre filed an original habeas corpus petition challenging his habitual felony offender sentences imposed in 1997. The Third District Court of Appeal dismissed the petition, holding that habeas corpus cannot be used to relitigate issues that could have been or w
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A petition for writ of habeas corpus based on manifest injustice fails when the petitioner merely reiterates previously litigated claims regarding DNA evidence reliability with additional documentation, as such claims are successive rather than newly discovered and do not meet th
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The court held that a petitioner cannot circumvent the successive petition rule by filing a habeas corpus petition and that the court lacks jurisdiction over a successive § 2255 motion without prior Eleventh Circuit authorization.
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M.D. Fla.·
2024-10-15
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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N.D. Fla.·
2024-10-11
Roosevelt Kirk, a juvenile offender sentenced to life with parole for a 1983 murder, sought federal habeas relief under 28 U.S.C. § 2254, arguing his resentencing violated the Eighth Amendment under Miller v. Alabama. The federal court denied relief, holding that Miller does not
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M.D. Fla.·
2024-10-11
A federal prisoner's claim that their sentence was unconstitutionally imposed is cognizable under 28 U.S.C. § 2255, not § 2241, even if prior § 2255 motions were denied or the right to file was waived.