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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Habeas corpus is not an appropriate vehicle for relitigating issues that were raised or should have been raised on direct appeal or in post-conviction proceedings.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and her claims for equitable tolling were insufficient.
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Fla. 1st DCA·
2024-08-28
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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M.D. Fla.·
2024-08-28
The court held that the applicant's petition for a writ of habeas corpus was untimely and therefore dismissed.
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N.D. Fla.·
2024-08-28
A state inmate does not possess a constitutional liberty interest in being transferred to or housed in a particular correctional facility, and therefore, a petition for writ of habeas corpus challenging such transfers fails to state a claim for relief.
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M.D. Fla.·
2024-08-28
The court held that the state court's rejection of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Fla. 3d DCA·
2024-08-28
Appellate counsel's failure to raise meritless issues does not constitute ineffective assistance of counsel.
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M.D. Fla.·
2024-08-27
The court held that a habeas petition challenging a conditional release revocation is moot and must be dismissed for lack of jurisdiction once the petitioner's sentence has expired.
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Fla. 6th DCA·
2024-08-26
Section 907.041(5)(d) does not violate article I, section 14 of the Florida Constitution because the heightened proof standard of "proof of guilt is evident or the presumption is great" applies only to capital and life felony cases, not first-degree felonies, and the "substantial
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M.D. Fla.·
2024-08-26
The court held that the petitioner's claims of ineffective assistance of counsel were either procedurally barred or failed on the merits, as the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2024-08-23
The court held that the petitioner's claims of ineffective assistance of counsel were meritless, as the state courts' factual findings were reasonable and entitled to deference under AEDPA.
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M.D. Fla.·
2024-08-23
The federal court denied the habeas petition, finding the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law and not based on an unreasonable determination of facts.
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M.D. Fla.·
2024-08-23
Richard A. Roberts, convicted of sexual battery on a child based on testimony from two victims describing abuse occurring in the early 1980s, sought federal habeas relief under 28 U.S.C. § 2254, raising seven grounds including claims regarding the admission of collateral-act evid
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A state prisoner who files multiple successive habeas petitions raising identical claims may be sanctioned with a pro se bar to protect the Court's limited judicial resources.
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An inmate who has filed multiple meritless pro se petitions may be barred from filing future pro se pleadings related to the same case and sanctioned for abuse of the Court's judicial resources when he demonstrates no remorse and continues the pattern of frivolous filings.
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N.D. Fla.·
2024-08-22
The court held that the defendant judge is entitled to judicial immunity, barring the plaintiff's claims.
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N.D. Fla.·
2024-08-22
The court held that the petitioner's submission should be dismissed without prejudice as this court is not the proper venue for a compassionate release motion, and the claims do not fit within the scope of 28 U.S.C. § 2241.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, and no exceptions applied.
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The court held that a federal habeas petitioner cannot obtain relief on a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it, and that the petitioner's claims of ineffective assistance of counsel lacked merit because his underlying Fourth Amen
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M.D. Fla.·
2024-08-20
The court denied the petitioner's motion to submit video evidence and construed his motion for summary judgment as a reply, denying it without prejudice to allow for an amended reply.
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S.D. Fla.·
2024-08-20
The court recommended denying the petition for writ of habeas corpus, finding that the petitioner failed to demonstrate ineffective assistance of counsel under Strickland v. Washington.
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N.D. Fla.·
2024-08-20
The court held that the petitioner failed to exhaust administrative remedies before filing a petition for writ of habeas corpus, requiring dismissal.
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M.D. Fla.·
2024-08-20
The court held that the petitioner's Fourth Amendment claim is barred from federal habeas review.
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N.D. Fla.·
2024-08-19
The court recommended dismissal of the habeas corpus petition without prejudice.
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N.D. Fla.·
2024-08-19
The court held that the petitioner's habeas corpus petition should be dismissed for failure to exhaust administrative remedies, and alternatively, denied as meritless because she is statutorily ineligible for First Step Act credits.
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M.D. Fla.·
2024-08-19
Keith Patrick Henry, an inmate serving a twenty-year sentence for attempt to possess cocaine and conspiracy to traffic in controlled substances, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising eleven grounds of ineffective assistance of counsel and rel
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A federal prisoner cannot use a petition for a writ of habeas corpus under 28 U.S.C. § 2241 to challenge the restitution portion of his sentence, as there is no significant connection between his physical custody and the requested relief.
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M.D. Fla.·
2024-08-15
The court held that the habeas corpus application was untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA) because the applicant's prior state post-conviction motion was dismissed as untimely and therefore did not toll the federal limitation period.
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N.D. Fla.·
2024-08-15
The court recommended that the petition for writ of habeas corpus be denied because the petitioner failed to exhaust administrative remedies and her claims are otherwise without merit.
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M.D. Fla.·
2024-08-15
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because it was filed more than two months after the expiration of the one-year limitations period.
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M.D. Fla.·
2024-08-14
The court held that a federal district court lacks jurisdiction over a habeas corpus petition when the petitioner is not 'in custody' under the challenged conviction, and the sentences for those convictions have expired.
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N.D. Fla.·
2024-08-14
The court held that the finding of threatening bodily harm was supported by some evidence, and the delay in receiving the disciplinary report did not prejudice the petitioner, thus denying the section 2241 petition.
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N.D. Fla.·
2024-08-14
The court held that the petitioner failed to exhaust her administrative remedies before filing a petition for writ of habeas corpus.
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The court held that while the BOP's rule on time credit eligibility is facially valid, it was improperly applied to Petitioner by categorically denying credits for programming completed in BOP facilities simply because he was temporarily housed there on a federal writ.
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M.D. Fla.·
2024-08-13
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish an actual innocence exception to the limitations period.
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N.D. Fla.·
2024-08-13
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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M.D. Fla.·
2024-08-12
The court held that the state court's rejection of the ineffective assistance of counsel claims was reasonable under AEDPA's deferential standard of review.
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N.D. Fla.·
2024-08-12
The court held that the petitioner is not entitled to federal habeas relief because the state court's rejection of his ineffective assistance of counsel claim was not contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable de
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M.D. Fla.·
2024-08-09
The court denied the petition for a writ of habeas corpus, finding no constitutional violations in the state court proceedings.
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N.D. Fla.·
2024-08-08
The court held that the state court's rejection of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and thus habeas relief should be denied.
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S.D. Fla.·
2024-08-08
A federal prisoner awaiting sentencing cannot use a § 2241 habeas petition to challenge the validity of his conviction or sentence; such claims must be brought under § 2255 after sentencing and exhaustion of direct appeal, and conditions of confinement claims belong in a § 1983 a
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S.D. Fla.·
2024-08-08
The court held that the Bureau of Prisons correctly applied the maximum allowable First Step Act Time Credits to the petitioner's sentence, and therefore, the petition for a writ of habeas corpus is denied.
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M.D. Fla.·
2024-08-07
Joseph Luis Levin, an inmate serving a 44-year sentence for six counts of lewd or lascivious battery, one count of soliciting a child via computer, and one count of traveling to meet a minor, challenged his convictions in a federal habeas corpus petition, raising claims of incomp
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Fla. 3d DCA·
2024-08-07
Jesus Mane appealed a decision regarding a Department of Corrections officer's action. The Third District Court of Appeal affirmed the lower court's decision, holding that inmates must first exhaust administrative remedies before seeking judicial review of DOC actions.
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M.D. Fla.·
2024-08-07
The court held that a habeas corpus petition is moot and must be dismissed once the petitioner is released from custody and no longer subject to the court's jurisdiction.
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Habeas corpus is not available in Florida to obtain collateral postconviction relief that is available through a rule 3.850 motion in the sentencing court.
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N.D. Fla.·
2024-08-06
The court held that the petitioner's habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2024-08-06
Robert Earl Hayes, a Florida inmate serving a life sentence as a prison releasee reoffender following conviction for three counts of robbery and one count of possession of ammunition by a convicted felon, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising
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M.D. Fla.·
2024-08-06
The federal court denied the habeas petition, finding the state court's adjudications were neither contrary to nor an unreasonable application of federal law, and not based on an unreasonable determination of facts.
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M.D. Fla.·
2024-08-02
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel and trial court error was not contrary to, nor an unreasonable application of, federal law, and was not based on an unreasonable determination of the facts.