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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M.D. Fla.·
2024-03-14
The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.
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Fla. 1st DCA·
2024-03-13
A habeas corpus petition raising issues that could have been or were raised on direct appeal is unauthorized and subject to dismissal.
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Fla. 1st DCA·
2024-03-13
A habeas petition may be dismissed when it seeks relief that would be untimely as a postconviction motion, raises claims that could have been raised at trial or on direct appeal, or constitutes a successive motion that fails to allege new grounds.
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Joshua Brian Nibbelink, a Florida inmate, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2015 state court conviction for first-degree felony murder, kidnapping, and robbery. The district court reviewed the petition applying the deferential AEDPA sta
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The court held that appellate counsel was not ineffective for failing to raise claims that the charging information was defective or that the guilty plea was invalid, as these claims lacked merit under established law.
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M.D. Fla.·
2024-03-11
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either not cognizable, procedurally defaulted, or failed on the merits under AEDPA review.
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M.D. Fla.·
2024-03-11
The court held that it lacks jurisdiction to consider a successive habeas petition without prior authorization from the Eleventh Circuit.
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M.D. Fla.·
2024-03-08
The court held that the petitioner's claims were procedurally defaulted and not cognizable on federal habeas corpus review, and therefore denied the petition.
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M.D. Fla.·
2024-03-08
The court held that the petitioner's habeas corpus petition is successive and untimely, and therefore dismissed.
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M.D. Fla.·
2024-03-08
The court held that the petitioner's claim regarding the denial of his motion for judgment of acquittal was procedurally barred because he failed to fairly present the federal nature of the claim to the state court. Even if considered on the merits, the claim failed.
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M.D. Fla.·
2024-03-07
The court held that a pre-trial detainee is not entitled to a writ of habeas corpus under 28 U.S.C. § 2241 to challenge the charging instrument in a pending state criminal proceeding.
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M.D. Fla.·
2024-03-07
The court held that the applicant failed to present sufficient evidence of actual innocence to overcome the procedural default and untimeliness of his habeas corpus claims.
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M.D. Fla.·
2024-03-07
A federal district court denied Gleen Zayas-Acosta's habeas corpus petition challenging his state court conviction for heroin trafficking, drug paraphernalia possession, and resisting arrest, rejecting his claims of ineffective assistance of counsel under the Strickland standard.
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M.D. Fla.·
2024-03-07
The court held that a federal court must abstain from interfering with pending state criminal proceedings and that a § 1983 claim requires a state actor.
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M.D. Fla.·
2024-03-07
Robert Mueller, convicted of attempted second-degree murder, aggravated battery, and discharging a firearm in public, sought federal habeas relief challenging his forty-year prison sentence. The court denied his petition, finding that several claims were procedurally barred becau
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Fla. 1st DCA·
2024-03-06
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-03-06
Todd Curtis West, an inmate convicted of armed burglary with assault or battery, sought federal habeas relief under 28 U.S.C. § 2254, raising multiple claims of ineffective assistance of trial counsel. The district court denied all grounds, finding that the state court's rejectio
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Fla. 1st DCA·
2024-03-06
The petition for writ of habeas corpus was dismissed.
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The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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Fla. 1st DCA·
2024-03-06
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-03-04
The federal court denied the petition for writ of habeas corpus because the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied federal law, or based on unreasonable factual determinations.
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M.D. Fla.·
2024-03-04
The court held that a federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 unless the remedy under 28 U.S.C. § 2255 is inadequate or ineffective.
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M.D. Fla.·
2024-03-01
The court held that a habeas petition is an unauthorized second or successive filing if the petitioner previously withdrew a petition after conceding it was time-barred, and that claims based solely on misapplication of state law are not cognizable on federal habeas review.
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N.D. Fla.·
2024-02-29
The court adopted the magistrate judge's report and recommendation, denying the petitioner's § 2254 petition.
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S.D. Fla.·
2024-02-28
The court held that Grounds 13-16 are unexhausted and procedurally defaulted, and the remaining grounds are denied on the merits.
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Fla. 1st DCA·
2024-02-28
A trial court properly dismisses a habeas petition when the petitioner raises claims that should have been brought on direct appeal or in timely postconviction motions and are successive in nature.
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S.D. Fla.·
2024-02-28
The court held that the plaintiff's complaint failed to state a claim because the Interstate Agreement on Detainers (IADA) does not apply to pretrial detainees, and any claims challenging the fact or duration of his confinement are barred by the Younger abstention doctrine.
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The court held that a federal court should not interfere with pending state criminal proceedings absent exceptional circumstances, and the petitioner's claims did not meet these exceptions.
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M.D. Fla.·
2024-02-26
The court held that the petitioner's claims were procedurally barred or failed on the merits.
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M.D. Fla.·
2024-02-23
The court held that the habeas corpus application was time-barred because it was filed more than three years after the federal limitation period expired.
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M.D. Fla.·
2024-02-23
The court denied the inmate's motion to proceed in forma pauperis without prejudice and denied an inmate's request to appear as amicus curiae.
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M.D. Fla.·
2024-02-23
Corey Bright, convicted of aggravated assault with a firearm for his role in a fatal shooting in Jacksonville, Florida, filed a federal habeas corpus petition challenging his twenty-three-year sentence on grounds including ineffective assistance of counsel and insufficient eviden
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M.D. Fla.·
2024-02-23
The court held that the state court's denial of the petitioner's habeas corpus petition was not contrary to or an unreasonable application of federal law, and the factual determinations were not unreasonable.
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M.D. Fla.·
2024-02-23
The court held that the plaintiff's complaint fails to state a claim under 42 U.S.C. § 1983 due to prosecutorial immunity, the non-state actor status of public defenders, and Younger abstention.
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S.D. Fla.·
2024-02-22
The petition is dismissed in part on procedural grounds and denied in part on the merits.
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M.D. Fla.·
2024-02-22
The court held that the petitioner's claims were procedurally barred or failed on the merits under AEDPA standards, and thus denied the petition for writ of habeas corpus.
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Fla. 1st DCA·
2024-02-21
A defendant cannot raise an ineffective assistance of appellate counsel claim for an issue that was identified in the Anders brief and considered by the appellate court during its mandatory independent review, as the affirmance constitutes a determination that the defendant recei
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S.D. Fla.·
2024-02-20
The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's habeas corpus petition.
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M.D. Fla.·
2024-02-20
The federal court denied the habeas petition, finding the state court's adjudication of the ineffective assistance of counsel claim was neither contrary to nor an unreasonable application of federal law.
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M.D. Fla.·
2024-02-20
The federal court dismissed the petitioner's habeas corpus petition because he failed to demonstrate the necessary exhaustion of state remedies and did not meet the criteria for Younger abstention.
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The court held that the petitioner failed to provide sufficient evidence to establish the timeliness of his § 2254 petition under the prison mailbox rule, and thus the petition was dismissed as untimely.
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Fla. 1st DCA·
2024-02-14
A circuit court may dismiss a habeas corpus petition when the petitioner seeks relief that would be untimely if considered as postconviction relief, raises claims that could have been raised at trial or on direct appeal, or would constitute a second or successive motion under rul
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M.D. Fla.·
2024-02-13
The court held that the state court's adjudication of the petitioner's claim regarding ineffective assistance of counsel for failing to request a Richardson hearing was not contrary to or an unreasonable application of federal law.
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11th Cir.·
2024-02-12
The Eleventh Circuit held that motions filed under 28 U.S.C. § 2255 are collateral attacks on sentences, not convictions, and therefore Rudolph's claims were barred by his plea agreement waiver.
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S.D. Fla.·
2024-02-09
Issac Rodly Louinste petitioned for a federal writ of habeas corpus challenging his conviction for attempted first-degree murder. The district court dismissed the petition as untimely under the one-year filing deadline prescribed by 28 U.S.C. § 2244(d)(1)(A), finding that petitio
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S.D. Fla.·
2024-02-09
The Court held that the Petitioner's claims challenging his civil commitment under 28 U.S.C. § 2254 lacked merit, as the state court's findings were supported by evidence and complied with federal and state law.
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The court held that the petitioner's claim of ineffective assistance of counsel for failing to request a jury instruction on consent was procedurally barred and lacked merit, even if considered on the merits.
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The court held that the applicant, now imprisoned for life, must proceed under 28 U.S.C. § 2254, not § 2241, to challenge his confinement.
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M.D. Fla.·
2024-02-08
The court held that a pretrial detainee's petition for a writ of habeas corpus must be dismissed without prejudice because the court must abstain under Younger v. Harris and the petitioner failed to exhaust state remedies.
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M.D. Fla.·
2024-02-08
Wesley Grace challenged his Florida conviction for armed burglary with assault, aggravated assault, and tampering with a witness through a federal habeas corpus petition, claiming ineffective assistance of trial counsel on multiple grounds. The District Court denied all seven cla