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 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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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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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
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M.D. Fla.·
2024-02-08
The court held that the applicant's claims were procedurally barred or lacked merit, and therefore denied the petition for a writ of habeas corpus.
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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.·
2024-02-07
The court held that a motion for reconsideration of a denial of a § 2255 motion was unwarranted as the movant failed to show a miscarriage of justice and his claim was procedurally barred. The court also held that a § 2241 petition was not the proper avenue for challenging the va
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Fla. 1st DCA·
2024-02-07
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-02-05
The court held that the petitioner is not entitled to federal habeas relief because the Supreme Court has not clearly established that a negotiated guilty plea is involuntary or unknowing solely due to the defendant's unawareness of the option to enter an open plea.
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M.D. Fla.·
2024-02-05
The court held that the state court's adjudication that the petitioner's habitual felony offender sentence did not violate the Sixth Amendment was neither contrary to nor an unreasonable application of federal law.
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M.D. Fla.·
2024-02-05
The court held that the petitioner's habeas corpus petition was time-barred because the claims were not filed within the one-year limitation period and equitable tolling and actual innocence did not apply.
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M.D. Fla.·
2024-02-01
Clarence Leroy Palmore, a Florida prisoner, filed a federal habeas corpus petition challenging his conviction on the ground that he was charged by information rather than grand jury indictment, claiming a Fifth Amendment violation. The district court denied the petition, holding
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S.D. Fla.·
2024-02-01
The court held that the Petitioner's speedy trial rights were not violated because a detainer, without an arrest for the underlying charges, does not commence the speedy trial period under Florida law.
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Habeas corpus is not available in Florida to obtain collateral postconviction relief that is properly pursued through a Rule 3.850 motion in the sentencing court.
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The appeal was dismissed pursuant to Wagner v. McDonough, 927 So. 2d 216, 217 (Fla. 1st DCA 2006).
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Fla. 1st DCA·
2024-01-31
A trial court cannot impose a condition of pretrial release—specifically a monetary bond—that is unaffordable and unrelated to the defendant's financial circumstances, as this effectively converts the condition into an illegal jail term without compliance with the statutory pretr
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M.D. Fla.·
2024-01-31
The court held that most of the petitioner's claims were procedurally barred from federal review due to failure to raise them in state court. The remaining ineffective assistance of counsel claims lacked merit.
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M.D. Fla.·
2024-01-30
The court held that the applicant's federal habeas corpus application was untimely because his state post-conviction motions did not properly toll the one-year limitation period, and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's motion for relief under Rule 60(b) was untimely and that the submitted evidence did not demonstrate actual innocence.
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M.D. Fla.·
2024-01-30
The court denied the plaintiff's construed motion for class certification. The court also reviewed the amended complaint under 28 U.S.C. § 1915A(b) for frivolousness, failure to state a claim, or seeking relief from immune defendants.
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M.D. Fla.·
2024-01-30
Anesha Parker filed a federal habeas corpus petition under 28 U.S.C. § 2241 challenging an adjudication of incapacity issued by the District of Columbia's juvenile justice agency. The court denied the petition on jurisdictional grounds, finding Parker failed to meet the 'in custo
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M.D. Fla.·
2024-01-30
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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Lamonte Arrington sought federal habeas relief under 28 U.S.C. § 2254 challenging his Florida conviction for attempted first-degree murder, claiming ineffective assistance of counsel and prosecutorial misconduct. The district court denied the petition, finding that Arrington's tr
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M.D. Fla.·
2024-01-30
The court held that the petitioner failed to demonstrate a reasonable probability that he would not have pleaded guilty and would have insisted on going to trial but for his counsel's alleged ineffectiveness in failing to investigate an insanity defense.
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M.D. Fla.·
2024-01-30
The federal court denied the petition for a writ of habeas corpus, finding that the state court's decisions were neither contrary to nor an unreasonable application of federal law and were not based on an unreasonable determination of facts.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence were not supported by new, reliable evidence sufficient to overcome the time bar.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's claims were procedurally barred due to failure to exhaust state remedies and properly present federal issues, and that even if considered on the merits, the claims lacked merit under AEDPA's deferential standard.
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S.D. Fla.·
2024-01-29
The court held that Petitioner's claims of ineffective assistance of counsel were denied on the merits, and one subclaim was dismissed as unexhausted and procedurally barred.
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S.D. Fla.·
2024-01-29
The court held that the Bureau of Prisons properly applied the maximum Federal Time Credits to the prisoner's transfer to supervised release and that such credits cannot be applied to reduce the term of supervised release itself.
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M.D. Fla.·
2024-01-26
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2024-01-26
The court held that the state court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2024-01-25
The court held that the petitioner's federal habeas petition was timely filed because the statute of limitations reset when the order revoking probation and the subsequent sentence became final after the conclusion of direct review.
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Ralph J. Hyppolite II filed a habeas corpus petition in the Southern District of Florida challenging his Air Force court martial sentence and subsequent parole status. The district court adopted in part a magistrate judge's recommendations, denying the habeas petition without pre
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The court held that the petitioner's federal habeas corpus petition is time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) because it was filed more than one year after the finalization of his state court conviction and subsequent appeals.
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M.D. Fla.·
2024-01-23
Johnny Carter, a Florida prisoner, sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2014 convictions for two counts of armed robbery and grand theft of a motor vehicle based on a single incident in which he robbed a couple at gunpoint and stole their weapons a
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M.D. Fla.·
2024-01-23
The court held that a petition for writ of habeas corpus filed under 28 U.S.C. § 2241 is subject to the one-year statute of limitations applicable to state prisoners under 28 U.S.C. § 2254, and thus the petitioner's claim was untimely.
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S.D. Fla.·
2024-01-22
The court held that the plaintiff's civil rights complaint must be dismissed because the defendants are immune from suit and the claims are barred by Heck v. Humphrey.
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M.D. Fla.·
2024-01-22
The court held that the applicant's current habeas corpus application is an unauthorized second or successive application because it challenges the original 1996 judgment, not a new one, and thus the district court lacks jurisdiction.
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M.D. Fla.·
2024-01-18
The court held that the petitioner procedurally defaulted his federal due process claim and failed to establish cause and prejudice to overcome the default, and thus denied his petition for a writ of habeas corpus.
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N.D. Fla.·
2024-01-17
The Court adopted the Magistrate Judge's Report and Recommendation, denying the petition for writ of habeas corpus and refusing a certificate of appealability.
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M.D. Fla.·
2024-01-16
The federal court denied a habeas corpus petition because the petitioner failed to fairly present his federal claim to the state courts, resulting in procedural default.
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The court held that the petitioner's claims for procedural due process violations, equal protection violations, and compassionate release were without merit and denied his petition for a writ of habeas corpus.
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S.D. Fla.·
2024-01-12
The court held that the petitioner's federal habeas corpus petition was untimely under AEDPA's one-year statute of limitations because his subsequent state post-conviction filings were not "properly filed" and therefore did not toll the limitations period.
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An inmate who demonstrates a pattern of vexatious filing of meritless pro se petitions may be sanctioned by barring future filings related to the underlying case unless represented by counsel.
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M.D. Fla.·
2024-01-11
The court held that the plaintiff's claims failed to state a claim upon which relief could be granted and were therefore dismissed.
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M.D. Fla.·
2024-01-10
The court held that the petitioner's federal habeas petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and denied his claims for equitable tolling and actual innocence.
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A prisoner serving a sentence for a § 924(c) offense is ineligible for time credits under the First Step Act, even after completing that specific sentence, because multiple consecutive sentences are treated as a single aggregate term for administrative purposes.
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M.D. Fla.·
2024-01-08
An inmate convicted of first-degree murder sought federal habeas relief challenging his conviction and death sentence by raising four grounds, primarily based on claims of ineffective assistance of counsel and actual innocence. The court denied relief on all grounds, finding that
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The court held that the petition for a writ of habeas corpus must be denied because the petitioner failed to establish that the BOP revoked his Federal Time Credits without due process or that such credits could be applied to shorten his term of supervised release.
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M.D. Fla.·
2024-01-02
The court held that the petitioner's claims were procedurally defaulted or lacked merit, and therefore denied his petition for a writ of habeas corpus.