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
-
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
-
M.D. Fla.·
2023-11-01
The court held that the plaintiff failed to state a claim for denial of access to the courts, equal protection, or for negligence, and thus dismissed the complaint.
-
M.D. Fla.·
2023-11-01
The court held that a claim based solely on the retroactive application of an amended state statute under state law is not cognizable on federal habeas corpus review.
-
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period, as the conviction became final on December 3, 2014, and the petition was filed on March 14, 2021.
-
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice. A certificate of appealability was denied.
-
M.D. Fla.·
2023-10-31
The court held that the federal habeas petition was untimely filed under AEDPA's one-year statute of limitations, and thus dismissed the petition.
-
M.D. Fla.·
2023-10-30
The court held that the applicant's habeas corpus petition was time-barred and not entitled to equitable tolling.
-
M.D. Fla.·
2023-10-27
The petition for a writ of habeas corpus is dismissed without prejudice because the petitioner has not exhausted state remedies and the Younger abstention doctrine applies.
-
N.D. Fla.·
2023-10-27
The court held that the petitioner's claims for equitable tolling based on lack of education, inmate law clerk failures, and separation from legal papers were insufficient to overcome the untimeliness of his habeas petition.
-
M.D. Fla.·
2023-10-26
The petition for writ of habeas corpus is dismissed without prejudice because the petitioner failed to exhaust state remedies and the Younger abstention doctrine applies.
-
A state prisoner who files a pattern of repetitive, meritless pro se petitions may be sanctioned by barring future filings related to the underlying case unless represented by a Florida Bar member.
-
A state prisoner who has filed over 300 meritless pro se petitions raising repetitive arguments previously rejected by the court has abused the court's judicial resources and may be sanctioned by requiring all future filings to be signed by a member of the Florida Bar.
-
M.D. Fla.·
2023-10-26
The federal court dismissed a state pretrial detainee's habeas corpus petition because he failed to exhaust state remedies and the Younger abstention doctrine applied.
-
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because he failed to file it within the one-year limitations period and did not demonstrate entitlement to statutory or equitable tolling.
-
Fla. 1st DCA·
2023-10-25
-
M.D. Fla.·
2023-10-25
An inmate convicted of burglary in Duval County, Florida filed a federal habeas corpus petition raising seven grounds for relief, including claims of insufficient evidence, ineffective assistance of counsel, and sentencing errors. The district court denied the petition, finding t
-
M.D. Fla.·
2023-10-20
The court held that the petitioner's claims were procedurally defaulted and, alternatively, failed on the merits due to a lack of prejudice from counsel's alleged errors.
-
S.D. Fla.·
2023-10-20
The petition for writ of habeas corpus is denied because the petitioner's claim that his arrest warrant was invalid is refuted by the record.
-
S.D. Fla.·
2023-10-19
The court accepted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus.
-
Fla. 1st DCA·
2023-10-18
The appellate court affirmed the lower court's denial of a habeas corpus petition. The court found that habeas corpus is not an appropriate vehicle for raising issues that were or could have been raised on direct appeal, and the petition was untimely.
-
Noni Jamil Stinson, a Florida inmate, sought federal habeas relief under 28 U.S.C. § 2254, challenging her 2013 state court conviction for manslaughter in the shooting death of her husband. The court denied her amended petition, which raised seven grounds for relief centered on c
-
M.D. Fla.·
2023-10-16
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 reasonable.
-
M.D. Fla.·
2023-10-13
The court held that the petition for writ of habeas corpus must be dismissed because it fails to state a claim for relief and the petitioner has not exhausted state court remedies.
-
A second habeas corpus petition arising from the same underlying conviction must be denied and the petitioner cautioned against further frivolous filings on pain of sanctions.
-
M.D. Fla.·
2023-10-12
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and that the circumstances presented did not warrant equitable tolling.
-
M.D. Fla.·
2023-10-06
The court held that the petitioner's claims were either procedurally defaulted or without merit under AEDPA deference, and thus denied the petition for writ of habeas corpus.
-
N.D. Fla.·
2023-10-04
The court held that it lacks jurisdiction to consider a second or successive habeas petition filed without prior Eleventh Circuit authorization and that challenges to clemency processes are not cognizable under § 2254.
-
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
-
M.D. Fla.·
2023-10-02
The federal court must abstain from exercising jurisdiction over a pretrial detainee's petition for writ of habeas corpus when there is an ongoing state criminal proceeding, absent narrow exceptions.
-
M.D. Fla.·
2023-10-02
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
-
S.D. Fla.·
2023-09-30
The court adopted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus and refusing to issue a certificate of appealability.
-
M.D. Fla.·
2023-09-29
Sheppard sought federal habeas corpus relief challenging his 1985 conviction for sexual battery with a deadly weapon, raising five grounds including claims that trial counsel provided ineffective assistance by failing to call alibi witnesses and objecting to hearsay testimony, an
-
M.D. Fla.·
2023-09-29
The court held that all of the plaintiff's claims were barred under Heck v. Humphrey because a favorable ruling would necessarily imply the invalidity of his federal conviction, and alternatively, the claims were meritless and officers were protected by qualified immunity.
-
M.D. Fla.·
2023-09-28
The petition for a writ of habeas corpus is dismissed as time-barred because it was filed outside the one-year limitation period established by AEDPA, and the petitioner failed to establish entitlement to equitable tolling.
-
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations.
-
Fla. 5th DCA·
2023-09-26
The State failed to establish good cause for extending a juvenile's secure detention beyond the initial 21-day period because it presented no competent evidence that additional prosecution time was needed and offered only conclusory assertions, without evidentiary support, that p
-
M.D. Fla.·
2023-09-26
The court held that the Bureau of Prisons correctly calculated the petitioner's sentence, and he is not entitled to additional credit for time served or aggregation of his sentences under the governing statutes.
-
M.D. Fla.·
2023-09-26
The court held that the state court's denial of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
-
M.D. Fla.·
2023-09-25
Dalvin Denson, convicted in 2012 in Duval County, Florida of attempted first-degree felony murder and related crimes, petitioned for federal habeas corpus relief claiming his trial counsel was ineffective for failing to locate a non-testifying witness, failing to object to hearsa
-
M.D. Fla.·
2023-09-25
A federal court rejected Jonas Tramell Griffin's habeas corpus petition challenging his conviction for robbery with a firearm and other felonies related to a 2014 Family Dollar store robbery in Florida. The court found that Griffin failed to exhaust one claim, and all remaining c
-
M.D. Fla.·
2023-09-22
Zeigler, a Florida prisoner convicted of first-degree murder in the death of a two-year-old child, sought federal habeas relief under 28 U.S.C. § 2254 challenging his conviction on grounds of insufficient evidence, trial court errors, and ineffective assistance of counsel. The di
-
M.D. Fla.·
2023-09-22
Vernord Lavon Bright, a 19-year-old convicted of sexual battery and sexual battery with a deadly weapon, filed a federal habeas petition challenging his life sentence under 28 U.S.C. § 2254, raising nine grounds including claims of excluded evidence, judicial bias, ineffective as
-
Fla. 2d DCA·
2023-09-22
-
Fla. 2d DCA·
2023-09-22
A habeas corpus petition filed in circuit court that alleges entitlement to immediate release must be filed in the circuit court of the county where the prisoner is detained, not the county where he was convicted.
-
The court denied the Petitioner's motion to alter or amend the judgment and his request for a certificate of appealability.
-
The court held that the petitioner's claims were either not cognizable on federal habeas review, procedurally barred, or failed to meet the high standard for relief under AEDPA.
-
M.D. Fla.·
2023-09-21
The court held that a petitioner who elects to represent himself cannot later claim ineffective assistance of counsel, and that the underlying claim of ineffective trial counsel was meritless.
-
S.D. Fla.·
2023-09-20
The court held that a federal court must abstain from hearing a habeas petition challenging ongoing state criminal proceedings under the Younger doctrine, absent narrow exceptions.
-
M.D. Fla.·
2023-09-20
A Florida prisoner challenged his convictions for assaulting and resisting a law enforcement officer, arguing the evidence was insufficient and his trial counsel was ineffective, but the federal district court denied his § 2254 habeas petition because the sufficiency-of-evidence
-
S.D. Fla.·
2023-09-20
The federal habeas petition is dismissed as untimely because the amended judgment vacating one count did not restart the one-year limitations period under AEDPA.