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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A father appealed a termination of parental rights judgment by filing a notice of appeal from an amended final judgment 30 days after the original judgment was entered. The appellate court dismissed the appeal for lack of jurisdiction because the amended judgment merely corrected
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Fla. 1st DCA·
2024-05-29
A petition for writ of habeas corpus challenging the legality of confinement must satisfy the requirements established in Baker v. State.
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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
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Fla. 1st DCA·
2024-05-29
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-05-29
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-05-29
The Court denied the petition for a writ of habeas corpus, finding no substantial claims of ineffective assistance of counsel or constitutional violations.
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The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended habeas petition.
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M.D. Fla.·
2024-05-21
The Court held that the due process claim was procedurally barred and that the ineffective assistance of counsel claims were properly denied by the state court.
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M.D. Fla.·
2024-05-20
Gregory Kennon, a Florida inmate, challenged his 2009 conviction for two counts of first-degree murder and armed burglary through a federal habeas petition alleging eight instances of ineffective assistance of trial counsel, including failures to investigate witnesses, call an al
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M.D. Fla.·
2024-05-20
The court held that the petitioner failed to exhaust his claims in state court, either through direct appeal or collateral review, and therefore his petition for a writ of habeas corpus must be dismissed.
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S.D. Fla.·
2024-05-20
The court held that Petitioner's counsel was not ineffective for presenting a sleepwalking defense as an insanity defense under Florida law, as Florida courts categorize sleepwalking as a form of insanity.
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Adrian K. Gray filed a second petition for writ of habeas corpus in the Fifth District Court of Appeal, seeking review of successive claims from a 2004 Nassau County criminal case. The court dismissed the petition as successive and abusive, cautioning that further similar pro se
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Habeas corpus may not be used as a means to seek a second appeal or to litigate issues that could have been or were raised in a rule 3.850 motion.
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Fla. 1st DCA·
2024-05-15
The petition for writ of habeas corpus was dismissed.
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S.D. Fla.·
2024-05-14
Tyrell Deronville, sentenced to life plus 30 years for second-degree murder and attempted second-degree murder in a shooting over a drug dispute, filed a federal habeas petition challenging his conviction based on claims of ineffective assistance of counsel. The district court di
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M.D. Fla.·
2024-05-14
The court held that several of the applicant's claims were unexhausted and procedurally defaulted, and the actual innocence exception did not apply. The remaining claim was denied on the merits.
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A trial court does not abuse its discretion in denying pretrial bond following an Arthur hearing when the specific facts of the case, including evidence unique to the defendant, support the finding that proof of guilt is evident or the presumption of guilt is great, even if bond
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M.D. Fla.·
2024-05-03
The court held that the applicant's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act and denied a certificate of appealability.
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M.D. Fla.·
2024-05-03
The court held that the petitioner's federal habeas petition was untimely filed and that he failed to establish grounds for equitable tolling.
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M.D. Fla.·
2024-05-03
The court held that the petitioner's habeas corpus application was time-barred and dismissed it.
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M.D. Fla.·
2024-05-03
The court held that the petitioner failed to show that the state appellate court unreasonably denied his claim that the charging document and verdict form resulted in a federal due process violation.
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Fla. 5th DCA·
2024-05-02
A defendant found not guilty by reason of insanity may be involuntarily committed to DCF if the defendant is mentally ill and, because of that illness, is manifestly dangerous to himself or others. The court affirmed the trial court's commitment order where evidence showed Reynol
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The Third District Court of Appeal enforced a show cause order against Derrick Emile Lewis, an incarcerated pro se litigant who has filed numerous meritless post-conviction motions and habeas petitions over three decades. The court prohibited Lewis from filing further self-repres
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Fla. 1st DCA·
2024-05-01
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-05-01
The court held that a motion for reconsideration of a denied habeas petition, which reasserts claims of innocence or attacks the merits of the prior decision, is a successive habeas petition requiring appellate authorization and thus dismissed for lack of jurisdiction. However, a
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M.D. Fla.·
2024-05-01
The court held that a pretrial detainee cannot seek habeas corpus relief under 28 U.S.C. § 2254, and relief under § 2241 requires exhaustion of state remedies and deference to ongoing state proceedings under the Younger abstention doctrine.
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M.D. Fla.·
2024-05-01
The court held that a duplicative habeas petition should be dismissed to avoid redundant litigation.
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A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is 'in custody' under the challenged judgment, and the one-year statute of limitations under AEDPA applies.
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M.D. Fla.·
2024-04-26
A district court lacks jurisdiction to consider a second or successive habeas corpus application without prior authorization from the court of appeals.
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M.D. Fla.·
2024-04-26
The court held that the petitioner's habeas corpus petition was untimely filed because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling.
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M.D. Fla.·
2024-04-26
Perez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state court convictions for lewd and lascivious battery and molestation of a 14-year-old victim. The district court dismissed the amended petition as time-barred under AEDPA's one-year statu
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S.D. Fla.·
2024-04-25
The court held that federal habeas review cannot grant relief for state law errors, and to the extent federal claims were raised, they were meritless.
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M.D. Fla.·
2024-04-24
The court held that claims regarding placement in Special Housing Unit are not cognizable in a habeas corpus proceeding, and the petitioner received adequate due process in his disciplinary proceedings.
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Fla. 1st DCA·
2024-04-24
The petition for writ of habeas corpus was dismissed.
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S.D. Fla.·
2024-04-24
The petition for a writ of habeas corpus is dismissed as time-barred because it was filed outside the one-year limitations period prescribed by AEDPA, and the petitioner failed to establish an exception for actual innocence.
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Fla. 1st DCA·
2024-04-24
Spencer D. Daniels petitioned for a writ of habeas corpus claiming manifest injustice, but the Florida First District Court of Appeal dismissed the petition because his claims could have been raised on direct appeal or in postconviction motions. The court also sanctioned Daniels
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M.D. Fla.·
2024-04-23
The court denied the petition for a writ of habeas corpus, finding that the state court's rejection of the petitioner's claims of ineffective assistance of counsel was reasonable under AEDPA.
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M.D. Fla.·
2024-04-22
The court held that the habeas corpus application was time-barred because the applicant failed to file within the one-year limitation period, and claims of actual innocence are not independently cognizable in federal court.
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S.D. Fla.·
2024-04-22
The court held that a document labeled 'State of Florida Plea Offer Sheet' did not constitute a clear plea offer because it lacked material terms, and thus counsel's failure to communicate it did not constitute ineffective assistance.
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M.D. Fla.·
2024-04-22
The court held that the application of Florida's DNA database statute to the petitioner did not violate the ex post facto clause, the trial court did not improperly limit voir dire, and the refusal to give a special jury instruction did not violate due process.
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The court held that the petitioner's federal habeas corpus petition was untimely because it was filed after the expiration of the one-year limitations period established by AEDPA, and a pending state motion to correct an illegal sentence did not appear to have tolling effect.
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M.D. Fla.·
2024-04-19
The court held that the petitioner cannot proceed under 28 U.S.C. § 2254 as a pre-trial detainee and that federal courts lack jurisdiction to review state court decisions or grant writs of prohibition/certiorari in this context. A certificate of appealability is denied.
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The court denied the petitioner's motions for appointment of counsel and to expand the record.
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Fla. 3d DCA·
2024-04-17
The Florida Third District Court of Appeal upheld an order prohibiting Dennis McArthur, a pro se habeas corpus petitioner, from filing further pleadings related to his criminal case (F11-9093) without attorney representation. The court found that McArthur had abused the judicial
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M.D. Fla.·
2024-04-17
The court held that the petitioner failed to make a substantial showing of the denial of a constitutional right, and thus denied his petition for a writ of habeas corpus and the certificate of appealability.
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The court held that the petitioner's federal habeas petition was untimely because his state court judgment became final on May 14, 2012, and the subsequent Florida Supreme Court actions did not extend the finality date.
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M.D. Fla.·
2024-04-16
The federal habeas corpus petition is dismissed because it is untimely, procedurally barred, and meritless.
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M.D. Fla.·
2024-04-15
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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The petition for writ of habeas corpus is dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
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Fla. 2d DCA·
2024-04-12
Dino Sarac petitioned for a writ of habeas corpus challenging the revocation of his pretrial release bond in an earlier case, which was revoked at the direction of the original judge through a first appearance judge in a separate, newly-filed case. Although the petition became mo