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.·
2024-01-02
A pro se plaintiff's complaint was dismissed because it constituted an impermissible shotgun pleading and failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
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M.D. Fla.·
2024-01-02
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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The court held that a pro se prisoner's failure to disclose prior federal habeas cases, even if not material to the current claims, warrants dismissal without prejudice as malicious under 28 U.S.C. § 1915(e)(2)(B)(i).
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M.D. Fla.·
2023-12-28
The court held that the state postconviction court reasonably denied the petitioner's claim of ineffective assistance of counsel, as the petitioner failed to show deficient performance or prejudice under Strickland v. Washington, especially given the deference owed under AEDPA.
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M.D. Fla.·
2023-12-27
The court held that the petitioner received the due process required in prison disciplinary proceedings and that the decision was supported by sufficient evidence.
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M.D. Fla.·
2023-12-21
The court held that the petitioner's claims were procedurally defaulted and not excused by any exceptions, thus denying his petition for a writ of habeas corpus.
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A habeas corpus petition that appears to be abusive, repetitive, malicious, or frivolous may be dismissed, and the petitioner may be warned of potential sanctions for future similar filings.
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M.D. Fla.·
2023-12-20
The federal court denied a habeas corpus application because the claims were either procedurally defaulted or the state court's denial of the claims did not involve an unreasonable application of federal law.
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M.D. Fla.·
2023-12-20
The court held that the petitioner failed to exhaust state remedies and the failure was not excused, thus the federal habeas petition was premature.
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The court held that the pro se plaintiff's complaint must be dismissed because it fails to state a claim, names improper defendants entitled to immunity, and raises an improper claim for excessive bail under § 1983. The motion to proceed in forma pauperis was also denied.
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M.D. Fla.·
2023-12-19
The court denied the petition for writ of habeas corpus, finding that the state court's decision regarding ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-12-18
The court held that the petition for a writ of habeas corpus must be dismissed as moot because the petitioner received the requested program-based time credits, rendering the issue no longer live.
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M.D. Fla.·
2023-12-18
The court held that federal courts should abstain from interfering with pending state criminal proceedings absent exceptional circumstances.
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S.D. Fla.·
2023-12-15
Christopher Sutton, serving a life sentence for hiring someone to murder his parents, petitioned for federal habeas relief based on allegedly newly discovered evidence suggesting that a third party, not Sutton, had hired the perpetrator. The court dismissed the petition as time-b
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M.D. Fla.·
2023-12-15
The federal court denied the petition for a writ of habeas corpus because the petitioner's Fourth Amendment claim was barred from federal review under Stone v. Powell.
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M.D. Fla.·
2023-12-14
The court held that a speedy trial claim seeking release must be brought as a habeas corpus petition, not a § 1983 action.
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S.D. Fla.·
2023-12-14
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA's one-year statute of limitations because it was filed more than two years after the judgment became final and no exceptions applied.
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S.D. Fla.·
2023-12-14
David John Posta, convicted of DUI manslaughter in Florida, sought federal habeas relief challenging his conviction and 40-year sentence on multiple grounds, including claims that the trial court improperly considered an uncounseled Virginia conviction at sentencing and lacked ju
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M.D. Fla.·
2023-12-13
Wesley Fox was convicted of robbing a PNC Bank in Florida while armed with a firearm and sentenced to thirty years imprisonment with a mandatory ten-year minimum. Fox's federal habeas petition challenging his conviction on multiple grounds—including denial of a trial continuance,
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Fla. 1st DCA·
2023-12-13
The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2023-12-13
A petition for habeas corpus release becomes moot when the State files formal charges before the applicable deadline, even if the trial court's finding of good cause for delay was questionable. However, trial courts must consider the peculiar facts and circumstances of each case,
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M.D. Fla.·
2023-12-13
The court held that the petition for writ of habeas corpus must be dismissed without prejudice as duplicative and for issues to be raised on appeal.
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M.D. Fla.·
2023-12-13
The court held that the federal habeas petition was untimely filed under AEDPA and equitable tolling was not warranted.
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M.D. Fla.·
2023-12-11
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period.
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The court held that the petitioner's federal habeas petition was untimely filed under AEDPA's one-year statute of limitations.
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M.D. Fla.·
2023-12-07
The court held that the petitioner's federal habeas petition was time-barred under AEDPA and that he failed to establish grounds for equitable tolling.
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S.D. Fla.·
2023-12-07
The court held that a habeas petition must be dismissed if the petitioner is no longer in custody under the challenged conviction, failed to sign the petition, or failed to pay the filing fee or file a sufficient in forma pauperis motion.
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N.D. Fla.·
2023-12-06
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of confinement, and therefore, the case must be transferred.
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M.D. Fla.·
2023-12-05
The court held that the petitioner's claims were either procedurally defaulted, not cognizable on federal habeas review, or failed to meet the high bar for relief under AEDPA and Strickland v. Washington.
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M.D. Fla.·
2023-12-04
Eric Eugene Fuller, an inmate convicted of second-degree murder in Florida state court in 2014, challenged his conviction through federal habeas corpus, raising four grounds alleging his trial counsel provided ineffective assistance. The District Court rejected all claims, findin
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M.D. Fla.·
2023-12-04
The court denied the petition for a writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel was refuted by the record.
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M.D. Fla.·
2023-11-30
The court held that the applicant's federal habeas corpus application was time-barred because he failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2023-11-30
Danny Hammond, an inmate convicted in 2015 of robbery with a weapon and sentenced to thirty years in prison, filed a federal habeas corpus petition challenging his conviction on seven grounds, primarily alleging ineffective assistance of trial counsel. The district court dismisse
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A federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence if a § 2255 motion is available and adequate.
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M.D. Fla.·
2023-11-29
The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and no tolling events applied to make it timely.
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M.D. Fla.·
2023-11-27
The court held that the petitioner is entitled to discovery and an evidentiary hearing regarding his Giglio claim.
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Fla. 3d DCA·
2023-11-22
When the oral pronouncement of coterminous concurrent sentences is supported by a plea agreement and stipulated credit for time served, a prisoner has completed his sentence and is entitled to immediate release via habeas corpus.
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Fla. 1st DCA·
2023-11-22
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2023-11-21
Federal habeas relief is denied because the state court's adjudication of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2023-11-21
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel and due process violations were meritless.
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The court held that a pro se prisoner's complaint, filed without paying the filing fee and based on frivolous claims, must be dismissed with prejudice under the three-strikes provision of 28 U.S.C. § 1915(g).
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S.D. Fla.·
2023-11-20
The court denied the petition for writ of habeas corpus, finding no merit to the claims of ineffective assistance of counsel.
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M.D. Fla.·
2023-11-15
Federal habeas relief is denied because the state court's rejection of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2023-11-14
A federal court cannot grant habeas corpus relief for a state prisoner's claim that the prison's calculation of his release date violates state law or certain federal constitutional provisions not applicable to release date calculations.
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M.D. Fla.·
2023-11-08
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.
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M.D. Fla.·
2023-11-08
The court held that the Florida Department of Corrections' calculation of the petitioner's gain time did not violate the ex post facto clause, as the state courts' decisions were not contrary to federal law and were based on a reasonable application of law and facts.
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M.D. Fla.·
2023-11-08
Tommy Lee Jones, convicted of fatally stabbing his wife Juanita Jones nine times in July 2013, sought federal habeas relief under 28 U.S.C. § 2254, raising ten grounds of ineffective assistance of counsel and other constitutional claims. The court denied his petition, finding tha
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The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because it was filed more than one year after his judgment became final.
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S.D. Fla.·
2023-11-03
Stephen Jerome Budd, a former teacher convicted of sexual battery and molestation of two students, filed a federal habeas petition challenging his conviction and life sentence. The court dismissed the petition in part for failure to exhaust state remedies and denied all remaining