Habeas Corpus

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

• Plaintiff
  Del. Super. Ct.· 2024-08-01
  The Court recommended that all of the defendant's pending motions be summarily dismissed. The Court found that the defendant's motions were procedurally barred under Rule 61 because he failed to meet the pleading requirements for exceptions to the procedural bars. Specifically, t
• Bond v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-08-01
  The federal habeas petition is dismissed as time-barred because the petitioner failed to demonstrate diligence or extraordinary circumstances for equitable tolling, and the alleged new evidence does not establish actual innocence.
• Williams v. Sec'y, Dep't of Corr. (Pinellas)
  M.D. Fla.· 2024-08-01
  The district court dismissed the habeas corpus application because it was a second or successive filing without the required authorization from the court of appeals.
• Silva v. Warden, FCC Coleman - Low
  M.D. Fla.· 2024-07-31
  The court denied the petitioner's motion for reconsideration because the cited Supreme Court decision did not constitute an intervening change in controlling law that would alter the prior judgment.
• Baxter v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-07-30
  The court held that the petitioner's federal habeas corpus application was time-barred because his state post-conviction relief petition was not properly filed and thus did not toll the statute of limitations.
• Jones v. Sec'y FLA. Dept of Corr.
  S.D. Fla.· 2024-07-26
  Renell Jones sought federal habeas corpus relief challenging the admission of his confession in a murder trial, arguing Miranda violations and constitutional defects in his interrogation. The district court affirmed the magistrate judge's recommendation to deny the petition, find
• Jones v. State of Fla. - State of Fla. Dep't of Corr. & Fla. Comm'n on Offender Review
  Fla. 5th DCA· 2024-07-26
  A habeas corpus petition is facially sufficient to state a prima facie case when the petitioner alleges current detention and provides sworn allegations with probable cause that he is detained without lawful authority.
• Hollis v. Sec'y Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-07-25 ·via Federal Habeas Corpus
  The court held that the petitioner's claim of ineffective assistance of counsel was unexhausted and procedurally defaulted, and he failed to demonstrate cause and prejudice to overcome the default.
• Williams v. Dixon
  Fla. 1st DCA· 2024-07-24
  The petition for writ of habeas corpus was dismissed.
• Maxwell v. Sec'y, Dep't of Corrections(Orange County)
  M.D. Fla.· 2024-07-24
  The court held that the petitioner failed to demonstrate that his counsel's trial strategy was ineffective or that he suffered prejudice, and thus denied the petition for a writ of habeas corpus.
• Thomas v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-07-23
  The court held that the petitioner 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, or based on an unreasonable determination of facts.
• Aloba v. Warden, FCC Coleman 1
  M.D. Fla.· 2024-07-22
  The court denied the petitioner's motion for reconsideration because he failed to provide grounds warranting such relief.
• Gant v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-07-22
  The court held that the habeas corpus application was untimely filed and therefore dismissed.
• Hicks v. Warden, Hernando Cnty. Detention Ctr.
  M.D. Fla.· 2024-07-18
  A habeas corpus petition under 28 U.S.C. § 2254 is available only to challenge custody in violation of federal law, not to challenge the imposition of fees.
• Coz v. Sec'y, Dep't of Corrections(Manatee County)
  M.D. Fla.· 2024-07-17
  Edbin Heli Coz, sentenced to life imprisonment for sexual battery, lewd or lascivious molestation, and aggravated child abuse of three minor children in his household, sought federal habeas relief arguing trial and appellate counsel provided ineffective assistance and that his co
• Moss v. Sec'y, Dep't of Corr. (Orange County)
  M.D. Fla.· 2024-07-17
  A plaintiff may not file duplicative complaints to expand legal rights; this case is dismissed for improper claim splitting.
• Juarez v. Crews
  M.D. Fla.· 2024-07-17
  Noe Juarez sought federal habeas corpus relief under 28 U.S.C. § 2254 challenging his Florida conviction for manslaughter while driving under the influence and related offenses, for which he received a twenty-year sentence. The federal court denied relief on all grounds, finding
• Cisneros-Gonzalez v. Hernandez
  S.D. Fla.· 2024-07-16
  The court held that the plaintiff's complaint was a shotgun pleading and failed to state a claim, and his motion to proceed in forma pauperis was insufficient.
• Rivera v. Sec'y, Dep't of Corr., State of Fla.
  S.D. Fla.· 2024-07-15
  The court adopted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus.
• Kindell v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-07-11
  The court held that the applicant must consolidate his habeas corpus challenges into a single action and address timeliness and filing fee requirements.
• Henderson v. Gualtieri
  M.D. Fla.· 2024-07-11
  Henderson, a state prisoner, sought federal habeas corpus relief under 28 U.S.C. § 2241 challenging a state speedy trial violation. The district court dismissed the petition as premature for lack of exhaustion of state remedies and because § 2241 is limited to federal constitutio
• Brown v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-07-10
  The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
• Scocozzo v. Rhoden
  Fla. 1st DCA· 2024-07-10
  The petition for writ of habeas corpus was dismissed.
• Davis v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-07-08 ·via Writ Of Habeas Corpus
  The court held that the petitioner's habeas corpus petition was untimely filed and he failed to establish grounds for equitable tolling or actual innocence to overcome the procedural bar.
• Hastings v. State
  Fla. 1st DCA· 2024-07-03
  The petition for writ of habeas corpus was dismissed.
• King v. State
  N.D. Fla.· 2024-07-01 ·via Habeas Corpus Petition
  A federal district court dismissed a habeas corpus petition under 28 U.S.C. §2241 filed by a petitioner against the State of Florida, finding that the petitioner failed to exhaust state remedies and that Younger abstention doctrine barred federal jurisdiction.
• Cordovano v. Warden, Pinellas Cnty. Jail
  M.D. Fla.· 2024-06-27
  The court held that the petitioner's current habeas petition is duplicative and fails to overcome the Younger abstention doctrine, and thus, he is not entitled to a certificate of appealability.
• Butler v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-06-27
  The court held that the petitioner's habeas corpus petition was time-barred and that his claim for equitable tolling based on the confiscation of his legal property was insufficient.
• Calvin v. Dixon
  Fla. 1st DCA· 2024-06-26
  Keith L. Calvin petitioned for a writ of habeas corpus to challenge his 2006 life sentence for second-degree murder. The Florida First District Court of Appeal dismissed the petition as frivolous and referred Calvin to the Department of Corrections for sanctions based on his patt
• Knowles v. Nato
  M.D. Fla.· 2024-06-26 ·via Writ Of Habeas Corpus
  The court held that the plaintiff's complaint was an impermissible shotgun pleading and patently frivolous, warranting dismissal.
• Phadael v. Field Off. Dir.
  S.D. Fla.· 2024-06-20
  The court held that the petitioner's habeas petition was premature because his detention was lawful and within the presumptive six-month period following a final order of removal.
• Breckenridge v. McNeil
  Fla. 1st DCA· 2024-06-20
  A habeas corpus petition challenging the legality of a defendant's detention in Leon County. The court discharged the writ after finding the defendant failed to comply with statutory pretrial release requirements, rendering the detention lawful.
• Harris v. State
  Fla. 5th DCA· 2024-06-18
  A petition for writ of habeas corpus may be dismissed without detailed explanation when it fails to meet the requirements for such relief.
• Schuller v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-06-14
  The court held that the habeas corpus application was time-barred and the applicant was not entitled to equitable tolling.
• Abdul v. Conner
  S.D. Fla.· 2024-06-13
  Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
• O'Steen v. Warden, FCC Coleman - Low
  M.D. Fla.· 2024-06-13
  The court held that a federal prisoner's claim that a disciplinary proceeding violated due process due to the untimely receipt of a Disciplinary Hearing Officer's report is not grounds for habeas relief if the prisoner cannot demonstrate substantial prejudice, and that the admini
• Ray v. State of Fla. (Lee)
  M.D. Fla.· 2024-06-13
  The court held that the petition for writ of habeas corpus must be dismissed without prejudice because the petitioner has not exhausted his state remedies.
• Curry v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-06-12
  The court held that the petitioner's claims were procedurally barred from federal review because he failed to exhaust state remedies by not presenting the federal nature of his claims to the state courts and did not demonstrate cause and prejudice or a miscarriage of justice.
• McCray v. Fla. Dep't of Corr.
  S.D. Fla.· 2024-06-11
  The court denied the petition for writ of habeas corpus, finding that the state court's rejection of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
• Wilborn v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-06-06
  Federal habeas corpus relief is not available for alleged violations of state law, even if the state court's interpretation of state law is challenged.
• Johnson v. State of Fla. (Hendry)
  M.D. Fla.· 2024-06-05
  The court held that a pretrial detainee is not entitled to federal habeas corpus relief under § 2254 or § 2241 without exhausting state remedies and that abstention principles apply.
• Romero-Rodriguez v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-06-05
  The court held that the state court's denial of the motion to suppress and the ineffective assistance of counsel claims were not unreasonable under AEDPA.
• Adolfson v. Fla. Dep't of Corr.
  S.D. Fla.· 2024-06-04
  The court held that it lacks jurisdiction to consider a second or successive federal habeas petition when the petitioner has not obtained authorization from the Eleventh Circuit.
• Pyatt v. United States
  S.D. Fla.· 2024-06-03
  The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not the proper avenue for a pre-trial challenge to a federal criminal prosecution when the petitioner can raise those issues within the ongoing criminal proceedings.
• Norfleet v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-06-03
  A pretrial detainee cannot seek federal habeas relief under § 2254, and relief under § 2241 is denied due to unexhausted claims and principles of abstention.
• Diaz v. Dixon
  S.D. Fla.· 2024-05-31
  The court held that the petitioner's federal habeas petition was time-barred under AEDPA because it was filed more than one year after his judgment became final and he failed to demonstrate statutory tolling, equitable tolling, or actual innocence.
• Irizarry v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2024-05-31
  The court held that it cannot reopen the time to file an appeal because the motion was filed more than 180 days after the judgment was entered.
• Marin-Monroy v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-05-30
  The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither the actual innocence exception nor equitable tolling applied.
• Walter v. Dept. of Corrections Secretary
  Fla.· 2024-05-30
  The Florida Supreme Court denied habeas corpus petitioner Reginald Scott Walter's successive petition challenging the sufficiency of evidence supporting his convictions and imposed pro se sanctions, barring him from filing future filings related to his case without being represen
• Richard v. Reyes
  Fla. 3d DCA· 2024-05-29
  Christopher Richard sought a writ of habeas corpus after a trial court denied his request for release on his own recognizance following 49 days in custody without formal charges being filed. The Third District Court of Appeal granted the petition, holding that Florida Rule of Cri