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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Del. Super. Ct.·
2023-06-27
The Court held that the indefinite detention of an incompetent criminal defendant under Delaware statutes 11 Del. C. §§ 403 and 404 is unconstitutional as applied to defendants unlikely to be restored to competency in the foreseeable future. The statutory release procedure under
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M.D. Fla.·
2023-06-26
The court held that a state prisoner challenging his sentence cannot use 28 U.S.C. § 2241 and must follow the procedural requirements of 28 U.S.C. § 2254.
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The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
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A federal prisoner cannot use a § 2241 habeas petition to challenge the legality of his sentence when § 2255 provides an adequate remedy, even if the prisoner is procedurally barred from filing a successive § 2255 motion.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no exceptions applied.
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M.D. Fla.·
2023-06-23
The court held that a federal habeas corpus action under 28 U.S.C. § 2241 is premature if the petitioner has not first exhausted available state court remedies.
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M.D. Fla.·
2023-06-23
The court held that a petitioner's failure to exhaust administrative remedies for earned time credits under the First Step Act warrants dismissal of a § 2241 petition, absent demonstrated futility or extraordinary circumstances.
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M.D. Fla.·
2023-06-23
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA, as the petitioner failed to demonstrate entitlement to a later start date based on newly discovered evidence or actual innocence.
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Fla. 5th DCA·
2023-06-21
Competent evidence supporting a finding that preservation of public safety warrants extended secure detention satisfies section 985.26(2)(b), and a trial court's written finding via box-check designation constitutes the required written findings under the statute.
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Fla. 2d DCA·
2023-06-16
The appellate court found that Teddy Smith's appellate counsel was ineffective for failing to challenge the trial court's improper denial of his motion to proceed pro se. The court reversed Smith's conviction and remanded for a new trial.
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A prisoner lacks a constitutionally protected liberty interest in his place of confinement, and challenges to the location of confinement do not present a viable claim for relief under 28 U.S.C. § 2241.
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M.D. Fla.·
2023-06-16
The court held that the petitioner's claims were procedurally defaulted or failed to meet the AEDPA standard for federal habeas relief.
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S.D. Fla.·
2023-06-15
The court accepted the magistrate judge's report and recommendation, denying the petitioner's habeas corpus petition on the merits.
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M.D. Fla.·
2023-06-13
A Florida jury convicted Damien Freeman of attempted first-degree murder based on evidence including the victim's in-court identification, DNA evidence placing Freeman at the crime scene, and firearms analysis, and Freeman's subsequent federal habeas petition challenging fifteen
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M.D. Fla.·
2023-06-13
The court held that the petitioner's claim for additional gain time credit became moot upon his release from prison, as it could no longer affect the length of his completed sentence.
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M.D. Fla.·
2023-06-13
Timothy E. Green challenged his Duval County convictions for armed burglary with assault or battery on federal habeas review, raising seven grounds of ineffective assistance of trial counsel under the Sixth Amendment. The court denied all claims, finding that the first four chall
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M.D. Fla.·
2023-06-09
Chris Leonard Thornes, an inmate in Florida's prison system, filed a federal habeas corpus petition challenging his 2014 conviction for aggravated assault and possession of a firearm by a convicted felon, raising claims including insufficient evidence and ineffective assistance o
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M.D. Fla.·
2023-06-09
The court held that a petitioner's failure to exhaust administrative remedies requires dismissal of a § 2241 petition, even if the petitioner claims futility, unless extraordinary circumstances are shown.
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M.D. Fla.·
2023-06-09
The court held that the petitioner failed to exhaust administrative remedies and did not demonstrate futility, thus the petition for writ of habeas corpus is dismissed.
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M.D. Fla.·
2023-06-09
Eddie James Moultrie challenged his 2015 Florida state court convictions for armed burglary, aggravated battery with a deadly weapon, and resisting an officer without violence through a federal habeas corpus petition, raising four grounds including speedy trial violation, Brady e
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M.D. Fla.·
2023-06-07
Levert Stewart, an inmate convicted in Duval County, Florida, filed a federal habeas petition challenging his conviction for attempted second-degree murder and firearm possession, claiming his trial and appellate counsel provided ineffective assistance in various respects. The di
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S.D. Fla.·
2023-06-07
The court held that the pro se petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because the petitioner failed to file within the one-year statute of limitations and did not establish grounds for equitable to
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M.D. Fla.·
2023-06-07
The court held that the petitioner's double jeopardy claim was waived by her negotiated guilty plea, and her ineffective assistance of counsel claim was not supported by the record.
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M.D. Fla.·
2023-06-06
The court held that the petition for writ of habeas corpus was untimely and dismissed it. Even addressing the merits, the court found no basis for relief on the claims of ineffective assistance of counsel.
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M.D. Fla.·
2023-06-02
The court denied the petition for writ of habeas corpus, finding claims procedurally defaulted or not cognizable in federal court.
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M.D. Fla.·
2023-06-01
The court held that the petitioner's federal habeas corpus petition was timely filed due to equitable tolling, as an extraordinary circumstance prevented him from timely receiving notice of a state court order. The court denied the respondent's motion to dismiss.
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S.D. Fla.·
2023-06-01
The petition for writ of habeas corpus is denied because the claims raised involve state law issues or fail to demonstrate a constitutional violation, and a certificate of appealability is denied.
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S.D. Fla.·
2023-05-31
A pro se prisoner's civil rights complaint challenging the constitutionality of his state-court conviction is not cognizable under 42 U.S.C. § 1983 and must be dismissed.
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S.D. Fla.·
2023-05-31
The court adopted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus.
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The court held that the petitioner failed to show the state court's decision denying a continuance was contrary to or an unreasonable application of clearly established federal law.
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The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence when a § 2255 motion is available, even if that claim has been previously rejected.
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M.D. Fla.·
2023-05-26
The court held that the applicant failed to exhaust administrative remedies, and his underlying due process claim also lacked merit.
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S.D. Fla.·
2023-05-26
The court held that it lacked subject-matter jurisdiction to consider the petitioner's eighth successive petition for a writ of habeas corpus because he failed to obtain authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2023-05-26
A federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 unless the remedy under § 2255 is inadequate or ineffective.
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M.D. Fla.·
2023-05-26
A federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence if the § 2255 remedy is available and adequate.
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M.D. Fla.·
2023-05-26
A federal prisoner challenging the validity of his conviction or sentence must file a motion under 28 U.S.C. § 2255 in the sentencing court, not a petition for a writ of habeas corpus under 28 U.S.C. § 2241, unless the § 2255 remedy is inadequate or ineffective.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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The Florida Supreme Court affirmed the denial of a death row inmate's postconviction relief motion, holding that recent U.S. Supreme Court decisions on intellectual disability and jury findings for death penalty eligibility do not apply retroactively to his case. The court also d
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Fla. 1st DCA·
2023-05-24
A prisoner's pattern of filing repetitious and frivolous postconviction appeals and petitions constitutes an abuse of the judicial process warranting sanctions, including potential prohibition of pro se filings.
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N.D. Fla.·
2023-05-24
The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended petition for a writ of habeas corpus.
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M.D. Fla.·
2023-05-23
The court held that the state court reasonably rejected the petitioner's claims of ineffective assistance of counsel, as the record did not support allegations of deficient performance or prejudice under Strickland v. Washington, and the state court's decisions were not contrary
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M.D. Fla.·
2023-05-22
A federal inmate's petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging the Bureau of Prisons' calculation of sentence credits must be dismissed without prejudice for failure to exhaust administrative remedies, as the Eleventh Circuit has not recognized a futil
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Fla. 5th DCA·
2023-05-19
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings may be barred from future pro se filings in a particular case to conserve judicial resources.
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M.D. Fla.·
2023-05-18
The court held that the movant's motion to vacate his sentence under 28 U.S.C. § 2255 was untimely because it was filed outside the one-year statute of limitations. The court further held that recent Supreme Court decisions did not establish a newly recognized right applicable to
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S.D. Fla.·
2023-05-17
The court held that the petition for a writ of habeas corpus is untimely under AEDPA, and therefore dismissed.
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M.D. Fla.·
2023-05-15
William Henry Brown sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2014 Florida conviction for second-degree murder and drug possession while armed, raising claims of ineffective assistance of counsel, trial court error, and prosecutorial misconduct. The fed
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M.D. Fla.·
2023-05-15
The petition for a writ of habeas corpus is dismissed as moot because the petitioner has been released from custody and has already received the relief sought.
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M.D. Fla.·
2023-05-15
The court held that the petition for a writ of habeas corpus is moot because the petitioner has been released from custody and has received the relief sought.
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The court held that the petitioner's claims were procedurally defaulted or meritless, and the state court's decisions were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-05-10
The court denied the habeas corpus application because the state court's decisions were not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.