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.·
2023-09-18
The court held that a federal habeas petition challenging a state conviction is premature if the state direct appeal is still pending, and the petitioner must exhaust state remedies first.
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The court held that the petitioner's claims for vacating his sentence were meritless, procedurally defaulted, or contradicted by the record, and thus his motion to vacate, set aside, or correct sentence was denied.
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M.D. Fla.·
2023-09-15
Felix Luis Cuevas-Rodriguez, an inmate challenging his 2015 Florida conviction for vehicular homicide and related crimes, filed a federal habeas corpus petition alleging ineffective assistance of counsel, prosecutorial misconduct, and Brady violations. The district court denied t
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M.D. Fla.·
2023-09-15
The federal court must abstain from exercising jurisdiction over a pretrial detainee's habeas corpus petition challenging state bond revocation proceedings.
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Fla. 5th DCA·
2023-09-15
A defendant's life sentences imposed under the habitual violent felony offender statute are lawful and not subject to correction under rule 3.800(a), and habeas corpus relief cannot be used as a substitute for timely postconviction motions or to relitigate claims previously raise
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M.D. Fla.·
2023-09-15
The federal court dismissed the petition for writ of habeas corpus without prejudice because the petitioner failed to state a claim cognizable in federal court and had not exhausted available state remedies.
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M.D. Fla.·
2023-09-14
The court held that the petitioner's claims were unexhausted and procedurally barred, or alternatively, that the state court's adjudication was entitled to deference and not contrary to federal law.
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M.D. Fla.·
2023-09-13
The court held that a federal prisoner must exhaust administrative remedies before filing a petition for writ of habeas corpus challenging the Bureau of Prisons' sentence calculation.
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M.D. Fla.·
2023-09-13
The court held that sentence modifications that are nunc pro tunc or clerical corrections do not create a new judgment and therefore do not restart the AEDPA limitation period for filing a federal habeas petition.
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M.D. Fla.·
2023-09-12
The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and his state postconviction motion did not toll the period as it was deemed untimely by the state court.
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M.D. Fla.·
2023-09-11
The court held that the magistrate judge's denial of the petitioner's motion for release pending his habeas corpus action was not clearly erroneous or contrary to law.
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S.D. Fla.·
2023-09-11
The court held that the petitioner failed to exhaust administrative remedies and, alternatively, that the Bureau of Prisons properly calculated his earned time credits.
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M.D. Fla.·
2023-09-08
The court held that the defendant procedurally defaulted his claim challenging his firearm conviction and could not overcome this default by showing cause and prejudice or actual innocence.
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M.D. Fla.·
2023-09-07
The court held that the petitioner's motion for reconsideration was denied because the prior order dismissing his Brady claim as procedurally barred was not final and the state court's application of the procedural bar was not incorrect.
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The court held that a motion to appoint federal habeas counsel is premature if the petitioner has not exhausted state remedies and their conviction is not yet final.
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80 F.4th 1292·
11th Cir.·
2023-09-05
The Eleventh Circuit affirmed the district court's denial of the habeas petition, finding that the state court's rejection of the ineffective assistance of counsel claims was not contrary to federal law or based on unreasonable factual determinations.
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M.D. Fla.·
2023-09-01
The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus petitioner is not entitled to habeas relief.
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M.D. Fla.·
2023-08-31
The court held that a claim that the state court lacked jurisdiction does not provide an exception to the one-year limitations period under AEDPA for federal habeas corpus petitions.
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The court held that a federal sentencing judge's recommendation for prisoner placement does not bind the Bureau of Prisons, and a federal sentence does not begin to run until a state prisoner is turned over to federal authorities after serving their state sentence.
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M.D. Fla.·
2023-08-31
A federal court cannot grant habeas corpus relief under 28 U.S.C. § 2241 for a violation of state procedural rules or if the claim is moot, and requires exhaustion of state remedies.
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M.D. Fla.·
2023-08-29
The court granted the petitioner's motion to stay federal habeas corpus proceedings pending exhaustion of state remedies.
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The court held that a federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 if the remedy under 28 U.S.C. § 2255 is available and adequate.
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S.D. Fla.·
2023-08-24
A federal court lacks subject-matter jurisdiction over a habeas petition if the petitioner is no longer in custody under the challenged conviction because the sentence has fully expired.
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M.D. Fla.·
2023-08-24
Joseph Durham, convicted of sexual battery of a child and other crimes, sought federal habeas relief under 28 U.S.C. § 2254, claiming his trial counsel provided ineffective assistance in eight ways, including failing to file a motion to recuse the trial judge, neglecting to hire
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M.D. Fla.·
2023-08-24
A Florida state prisoner, Carlos Rivas, sought federal habeas corpus relief challenging his conviction for first-degree premeditated murder and theft, claiming ineffective assistance of trial counsel, improper exclusion of expert testimony on brain impairment, and violation of Mi
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Fla. 1st DCA·
2023-08-23
A trial court may dismiss a habeas corpus petition when the petitioner 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 second or successive motion lacking new grounds for reli
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and was therefore dismissed with prejudice.
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M.D. Fla.·
2023-08-23
Donald Dial, an inmate convicted of armed robbery in 2016, filed a federal habeas petition challenging his conviction under 28 U.S.C. § 2254, raising six grounds for relief including claims of ineffective assistance of trial counsel. The federal district court found the petition
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N.D. Fla.·
2023-08-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2023-08-18
Sayton Waller, an inmate convicted in 2015 of murder in the first degree, attempted murder in the first degree, and shooting deadly missiles, filed a federal habeas petition challenging his conviction, arguing that his trial counsel was ineffective for failing to call witnesses a
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M.D. Fla.·
2023-08-17
The court held that 8 U.S.C. § 1252(g) bars federal jurisdiction over a habeas corpus petition challenging an arrest and custody that arise from the commencement of removal proceedings, even if the underlying status rescission is also challenged.
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S.D. Fla.·
2023-08-17
The Court held that a legal decision in another case does not constitute a new factual predicate for extending the habeas petition's limitations period. The petition was untimely.
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Fla. 2d DCA·
2023-08-16
A trial court may not place a juvenile alleged to be delinquent in secure detention based solely on the unavailability of more appropriate facilities, even when the juvenile has been found incompetent to proceed and is awaiting placement in a community treatment program. Section
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Fla. 1st DCA·
2023-08-16
A habeas corpus 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 second or successive motion without new grounds for relief.
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M.D. Fla.·
2023-08-15
The court held that a federal prisoner's habeas petition challenging the Bureau of Prisons' sentence calculation must be dismissed for failure to exhaust administrative remedies, absent specific facts showing remedies were unavailable or a valid separation of powers defense.
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M.D. Fla.·
2023-08-15
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and equitable tolling was not warranted.
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M.D. Fla.·
2023-08-15
The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence when the remedy under § 2255 is not inadequate or ineffective.
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The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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The court held that the petitioner's habeas corpus petition was timely filed under the mailbox rule, and therefore, the motion to dismiss based on untimeliness is denied.
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M.D. Fla.·
2023-08-15
David Disdier challenged his state convictions for racketeering conspiracy, drug trafficking conspiracy, and related offenses on federal habeas review, but the district court found most of his claims procedurally defaulted and rejected his ineffective assistance of counsel claims
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M.D. Fla.·
2023-08-14
Mario Cardenas petitioned for federal habeas corpus relief challenging his state court convictions for conspiracy to purchase cocaine and attempted cocaine trafficking, claiming the trial court violated his rights by denying disclosure of a confidential informant's identity and a
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M.D. Fla.·
2023-08-14
The court held that the petitioner's motion for relief from a prior federal habeas denial, filed over thirty-five years later, was untimely under Rule 60(b)(2) and (3) of the Federal Rules of Civil Procedure.
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S.D. Fla.·
2023-08-14
The court held that the state court reasonably applied Strickland and Giglio standards in denying the petitioner's claims, and that the petitioner failed to demonstrate that the state court's decisions were contrary to or involved an unreasonable application of clearly establishe
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S.D. Fla.·
2023-08-13
The court denied the petitioner's third motion to proceed in forma pauperis on appeal because it failed to comply with federal rules and appellate procedure requirements.
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M.D. Fla.·
2023-08-11
The court held that the habeas petition was timely filed because the state appellate court's acceptance of an amended petition related back to the original filing date for tolling purposes.
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S.D. Fla.·
2023-08-10
The court held that the petitioner's claims of ineffective assistance of counsel regarding his decision to testify and a rejected plea offer were without merit, and the cumulative error claim also failed.
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S.D. Fla.·
2023-08-08
The court accepted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Section 2254 Habeas Petition and denying a certificate of appealability.
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M.D. Fla.·
2023-08-07
The federal court denied the habeas corpus application because the state court's decision was not contrary to or an unreasonable application of federal law, and the applicant's claims were either procedurally barred or meritless.
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An inmate serving a life sentence for seven counts of sexual battery challenged his conviction through a federal habeas petition, claiming his trial counsel was ineffective for failing to object to hearsay testimony, failing to challenge a victim's identification, and failing to