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.·
2023-05-09
The court held that an untimely state post-conviction motion does not toll the federal habeas corpus statute of limitations, and the applicant's claim of manifest injustice based on a change in law does not establish actual innocence.
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S.D. Fla.·
2023-05-08
The federal court must abstain from hearing a habeas corpus petition challenging pretrial detention in an ongoing state criminal case when the petitioner has an adequate remedy in state court and does not meet the exceptions to the Younger abstention doctrine.
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M.D. Fla.·
2023-05-08
The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of the petitioner's custodian.
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S.D. Fla.·
2023-05-08
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of the petitioner's custodian.
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M.D. Fla.·
2023-05-04
The court held that the state court reasonably rejected the petitioner's claims of ineffective assistance of counsel under the doubly deferential standard of AEDPA and Strickland.
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M.D. Fla.·
2023-05-04
A Florida prisoner was convicted of aggravated battery and assault following a jury trial for a violent altercation with his ex-girlfriend, and the federal district court denied his habeas corpus petition, finding that most of his claims were either procedurally barred for failur
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The court held that the petitioner's claim regarding the statute of limitations is not cognizable on federal habeas review because it is an issue of state law and is procedurally barred due to failure to exhaust state remedies.
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A trial court must provide advance notice to a defendant, through counsel, that his presence in court is required before issuing a bench warrant.
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S.D. Fla.·
2023-05-03
The court held that most of Petitioner's claims were procedurally barred or denied on the merits under AEDPA's deferential standard, finding no unreasonable application of federal law by the state courts.
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M.D. Fla.·
2023-05-01
The court held that it lacks jurisdiction to consider a second or successive habeas corpus petition when the petitioner has not obtained authorization from the court of appeals.
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N.D. Fla.·
2023-05-01
The court adopted the magistrate judge's report and recommendation, denying the petitioner's petition for a writ of habeas corpus.
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S.D. Fla.·
2023-04-30
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus.
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S.D. Fla.·
2023-04-29
The court affirmed and 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's federal habeas corpus petition was time-barred under AEDPA's one-year statute of limitations and that he failed to establish a gateway claim of actual innocence.
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M.D. Fla.·
2023-04-28
The Court held that the petitioner's ineffective assistance of counsel claim was procedurally defaulted and not substantial enough to overcome the default, as the alleged new evidence was cumulative and unlikely to change the outcome.
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Fla. 3d DCA·
2023-04-26
Section 787.03(1) applies to natural parents by its plain statutory language, and a natural parent may be prosecuted under that statute for taking a minor from a lawful custodian even where the parent retains parental rights. The charge was legally sufficient where petitioner exc
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The court denied a petition for writ of habeas corpus, holding that a parent could be charged with interference with child custody under section 787.03(1), Florida Statutes, even if they retain parental rights. The court found the statute's plain language applied broadly to "whoe
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A federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his conviction or sentence when the § 2255 remedy is available and adequate.
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M.D. Fla.·
2023-04-25
The court held that it lacks jurisdiction to grant an extension of time to file a habeas petition before the petition itself has been filed.
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M.D. Fla.·
2023-04-25
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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S.D. Fla.·
2023-04-25
The court held that it lacked subject-matter jurisdiction to consider a second or successive habeas corpus petition filed without prior authorization from the Eleventh Circuit Court of Appeals.
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S.D. Fla.·
2023-04-25
The court held that claims based solely on state law are not cognizable in federal habeas corpus review, and that ineffective assistance of counsel claims must meet the Strickland standard.
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The court held that it lacks jurisdiction to release Petitioner under the CARES Act because she failed to exhaust administrative remedies and cannot decide abstract legal issues.
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M.D. Fla.·
2023-04-24
The court held that the habeas corpus application was time-barred and the applicant failed to show entitlement to equitable tolling or the actual innocence exception.
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S.D. Fla.·
2023-04-24
The petition for habeas corpus relief is denied because the petitioner has not been detained beyond the presumptively reasonable period and has not shown a lack of significant likelihood of removal.
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M.D. Fla.·
2023-04-24
The court held that a federal court cannot grant a § 2241 petition unless the petitioner has exhausted all available state remedies and absent exceptional circumstances, federal courts should not interfere with pending state criminal proceedings.
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N.D. Fla.·
2023-04-24
The Bureau of Prisons (BOP) cannot award credit for time already credited against another sentence, and a federal prisoner seeking such credit must seek relief from the sentencing court, not through a habeas petition.
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M.D. Fla.·
2023-04-24
The court held that the federal habeas petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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S.D. Fla.·
2023-04-24
A federal court cannot grant habeas corpus relief for claims based solely on state law, even if framed as federal issues.
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N.D. Fla.·
2023-04-21
The court held that the petitioner's claims of ineffective assistance of counsel regarding failure to file a motion to suppress and failure to pursue an entrapment defense lacked merit, and thus denied his petition for a writ of habeas corpus.
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The court held that the petitioner failed to exhaust administrative remedies and did not demonstrate futility, thus the petition for a writ of habeas corpus is dismissed.
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Fla. 3d DCA·
2023-04-19
A circuit court lacks jurisdiction to consider a petition for writ of habeas corpus that collaterally attacks a judgment and sentence imposed in a different judicial circuit.
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Fla. 3d DCA·
2023-04-19
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M.D. Fla.·
2023-04-17
The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than one year after the facts supporting his claim were discoverable.
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The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2023-04-14
Shaun Whitt, a Florida inmate convicted in 2014 of sexual battery against a minor, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising five claims including exclusion of evidence about prior abuse, ineffective assistance of counsel regarding his decision n
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M.D. Fla.·
2023-04-12
The court held that a federal prisoner must exhaust administrative remedies through the Bureau of Prisons' Administrative Remedy Program before filing a petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging the execution of his sentence.
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M.D. Fla.·
2023-04-12
The court held that the pro se habeas petition is frivolous and lacks merit, denying relief.
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M.D. Fla.·
2023-04-12
The court held that the petitioner's claims of ineffective assistance of counsel were meritless, as the state court's decisions were not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Fla. 1st DCA·
2023-04-12
A trial court's pre-trial detention order is legal and not subject to discharge on habeas corpus when the defendant has violated a condition of release and the court exercises its statutory discretion under Florida Statute § 907.041(4)(c)7 to find that no conditions of release ca
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Fla. 4th DCA·
2023-04-12
The appellate court clarified the appealability of pre-judgment contempt orders. It held that such orders are only appealable as nonfinal orders if the sanction imposed falls within specific categories listed in Florida Rule of Appellate Procedure 9.130(a)(3). Otherwise, review m
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Pre-judgment contempt orders are appealable as nonfinal orders only if the sanction falls within the enumerated subsections of Florida Rule of Appellate Procedure 9.130(a)(3); a finding of contempt alone does not qualify.
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M.D. Fla.·
2023-04-12
The court held that a petitioner must exhaust administrative remedies before filing a § 2241 petition, and this petitioner failed to do so.
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M.D. Fla.·
2023-04-11
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and dismissed it.
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S.D. Fla.·
2023-04-11
The court held that the petitioner's claims were largely procedurally defaulted or denied on the merits by state courts, and federal habeas relief was not warranted under AEDPA's deferential standard.
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S.D. Fla.·
2023-04-11
The court held that most of Petitioner's claims were procedurally defaulted or not cognizable on federal habeas review, and the remaining claims were denied on the merits under AEDPA deference.
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M.D. Fla.·
2023-04-11
The court held that a habeas corpus petition seeking release is moot once the petitioner has been released from custody.
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The federal court denied the petition for writ of habeas corpus because the state court's determination that the defendant was competent to stand trial, made nunc pro tunc, was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determinati
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M.D. Fla.·
2023-04-07
The court held that the petitioner's Miranda claim is procedurally defaulted and barred from federal habeas review because it was not exhausted in state court and no exceptions apply.