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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S.D. Fla.·
2023-04-06
The court held that the state court's denial of the petition for writ of habeas corpus was not contrary to or an unreasonable application of federal law, and the factual findings were reasonable.
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The court held that a federal habeas petition filed after the expiration of the one-year limitations period under AEDPA, which was not tolled by an untimely state postconviction motion, is time-barred.
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The federal habeas petition is dismissed as time-barred under AEDPA because the petitioner failed to file within the one-year limitations period, and no tolling or exceptions applied.
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The petition for writ of habeas corpus is dismissed as time-barred because it was filed after the expiration of the one-year limitations period under AEDPA, and equitable tolling is not warranted.
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M.D. Fla.·
2023-03-31
The court recommended granting the respondent's motion to transfer venue for a habeas corpus petition to the district of conviction.
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S.D. Fla.·
2023-03-31
The federal court denied the petition for writ of habeas corpus, finding no unreasonable application of federal law or unreasonable determination of facts by the state courts regarding the petitioner's claims.
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M.D. Fla.·
2023-03-31
The court held that the petitioner's federal habeas petition was untimely filed and that he failed to present a credible showing of actual innocence to overcome the statute of limitations.
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S.D. Fla.·
2023-03-31
The court held that the petitioner's claims in Ground One were procedurally defaulted because he failed to present the federal nature of the claims to the state court and did not establish cause and prejudice or actual innocence. Ground Two, alleging ineffective assistance of cou
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M.D. Fla.·
2023-03-30
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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M.D. Fla.·
2023-03-30
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either procedurally defaulted or failed on the merits.
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M.D. Fla.·
2023-03-30
The federal district court dismissed a habeas petition because the petitioner was not 'in custody' under the challenged convictions at the time of filing.
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M.D. Fla.·
2023-03-30
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was objectively reasonable and did not violate federal law.
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The court held that the petitioner's second amended petition for a writ of habeas corpus was time-barred under AEDPA, and equitable tolling was not warranted due to his lack of diligence in complying with court orders and filing requirements.
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M.D. Fla.·
2023-03-29
Roberto Hernandez, a Florida prisoner, sought federal habeas corpus relief under 28 U.S.C. § 2254 based on claims of insufficient evidence and ineffective assistance of trial counsel in connection with his convictions for robbery, kidnapping, and extortion. The court denied Herna
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M.D. Fla.·
2023-03-28
Michael Glenn was in the trial on trial-related murder trial, the prosecutor obtained Lanier's sworn testimony claiming he never discussed Glenn's case with Glenn, when the prosecutor then impeached him with a recorded jail call showing such a discussion. Lanier was convicted of
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S.D. Fla.·
2023-03-28
The petition for a writ of habeas corpus is dismissed as untimely because it was filed more than one year after the conviction became final, and the petitioner failed to establish actual innocence or other grounds for equitable tolling.
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M.D. Fla.·
2023-03-28
The court held that the petitioner failed to meet the heightened burden for a mandatory injunction and did not comply with procedural rules.
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M.D. Fla.·
2023-03-27
Michael Peeler, convicted of second-degree murder in 2010 and sentenced to life without parole, challenged his conviction through a federal habeas corpus petition raising eight grounds of error, including claims of improper prosecutorial commentary on his silence, evidentiary rul
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The court held that the petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and must be dismissed.
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M.D. Fla.·
2023-03-27
The federal habeas petition is dismissed with prejudice as untimely because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling or actual innocence.
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Fla. 3d DCA·
2023-03-24
A trial court lacking probable cause to order drug testing cannot use the positive test result to revoke bond conditions, and probable cause to order drug testing requires either sworn authentication of an informant's tip with corroboration, or personal observation of impairment
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M.D. Fla.·
2023-03-24
Andrew Asher Walters, convicted of first-degree murder and armed robbery following a 2007 jury trial, petitioned for federal habeas corpus relief challenging his conviction on sixteen grounds, primarily alleging ineffective assistance of trial counsel in violation of the Sixth Am
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M.D. Fla.·
2023-03-24
Juan Ivan Rodriguez, a state prisoner convicted of five counts of manslaughter while driving under the influence and five counts of reckless driving, filed a federal habeas petition challenging his convictions and consecutive life sentences, raising claims of ineffective assistan
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M.D. Fla.·
2023-03-22
The court held that the petitioner's claims for ineffective assistance of counsel lack merit and do not meet the high bar for federal habeas relief under AEDPA.
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S.D. Fla.·
2023-03-22
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and equitable tolling was not warranted.
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M.D. Fla.·
2023-03-22
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, and thus denied the petition for writ of habeas corpus.
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M.D. Fla.·
2023-03-22
The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2023-03-20
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.·
2023-03-17
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it.
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M.D. Fla.·
2023-03-10
The court denied the petition for writ of habeas corpus, finding the claims procedurally defaulted and, in the alternative, without merit under AEDPA standards.
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The court held that the petitioner's federal habeas petition was timely filed because his notice of appeal was deemed timely under Florida's prison mailbox rule, which tolled the statute of limitations.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it.
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Fla. 3d DCA·
2023-03-08
Under Florida law, an overt act sufficient for attempted first-degree murder must manifest pursuance of criminal intent, going beyond mere preparation to actual commencement of the crime, and must reach far enough toward accomplishment to constitute a commencement of consummation
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M.D. Fla.·
2023-03-08
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of the facts.
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N.D. Fla.·
2023-03-06
The court adopted the magistrate judge's recommendation, denying habeas relief and a certificate of appealability.
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M.D. Fla.·
2023-03-03
A Florida court convicted Bowen of armed burglary and grand theft, sentencing him to life imprisonment, and he subsequently filed a federal habeas petition challenging his conviction and raising claims of illegal arrest, Miranda violations, improper jury instructions, and ineffec
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M.D. Fla.·
2023-03-02
The court held that the state court's decisions were not contrary to or an unreasonable application of federal law and were based on reasonable factual determinations, thus denying the petition for writ of habeas corpus.
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M.D. Fla.·
2023-03-02
A Florida prisoner convicted of burglary was denied federal habeas corpus relief on all twenty grounds of his ineffective assistance of counsel and sufficiency of evidence claims. The court found that his DNA on an open Mountain Dew can found in the bar the morning after the burg
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M.D. Fla.·
2023-03-01
The court held that the case should be transferred to the Middle District of Florida because the petitioner was convicted and sentenced there.
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M.D. Fla.·
2023-02-28
The court held that the petitioner's claims were either procedurally barred, not substantial enough to overcome procedural default, or that the state court's adjudication was not contrary to federal law or an unreasonable determination of facts.
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M.D. Fla.·
2023-02-28
The federal court denied the habeas petition, finding the state court's adjudication of the claims was not contrary to federal law or an unreasonable determination of facts.
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The court held that the petitioner failed to exhaust his claim regarding the sufficiency of a mental health evaluation because the issue of whether Baker Act materials should have been considered was never presented to the state courts.
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The court held that the petitioner's claim that his guilty plea was involuntary due to misadvice on the maximum sentence was refuted by the record, as he was explicitly informed of the maximum sentence during the plea colloquy.
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N.D. Fla.·
2023-02-27
The court held that the state court's denial of the ineffective assistance of counsel claim was not an unreasonable determination of the facts or contrary to federal law, and thus adopted the Magistrate Judge's recommendation to deny the petition.
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M.D. Fla.·
2023-02-27
Tyrone D. Blackshear, Sr., an inmate convicted in Clay County, Florida of lewd or lascivious battery and molestation of his stepdaughter, filed a federal habeas petition challenging his conviction on multiple grounds including ineffective assistance of trial and appellate counsel
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S.D. Fla.·
2023-02-24
The court held that the petitioner received all due process rights to which he was entitled and that sufficient evidence supported the prison disciplinary board's decision to revoke good time credits.
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Fla. 3d DCA·
2023-02-24
This case involves a habeas corpus petition filed on behalf of an unborn child, whose mother is incarcerated and awaiting trial for murder. The court dismissed the petition without prejudice, finding it factually intensive and better suited for a circuit court, while expressing n
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M.D. Fla.·
2023-02-22
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either not cognizable on federal review, procedurally defaulted, or failed to demonstrate a violation of federal law or constitutional rights.
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The court stayed and administratively closed the habeas corpus action, requiring the petitioner to file an amended petition addressing all claims related to his conviction and resentencing.