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.·
2023-02-21
The court denied the petition for a writ of habeas corpus, finding that the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-02-17
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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A petitioner must exhaust administrative remedies before seeking judicial review, even if the issue has broader implications.
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M.D. Fla.·
2023-02-17
The court denied the application for a Certificate of Appealability because the petitioner failed to make a substantial showing that reasonable jurists would find debatable the court's determination that the habeas petition was untimely and not entitled to equitable tolling.
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Florida's parole procedures, as implemented by the FCOR, provide juvenile offenders serving life sentences with a meaningful opportunity for release, satisfying the requirements of the Eighth and Fourteenth Amendments.
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M.D. Fla.·
2023-02-16
Juan Carlos Cruz, a Florida inmate, sought federal habeas relief challenging his murder conviction, alleging trial counsel provided ineffective assistance by failing to investigate alternative defenses (insanity and excusable homicide) and by pursuing a mistaken-identity defense
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M.D. Fla.·
2023-02-16
The court held that the petitioner failed to demonstrate prejudice from his trial counsel's failure to redact a deposition transcript, and thus is not entitled to habeas relief on his ineffective assistance of counsel claim.
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Fla. 2d DCA·
2023-02-15
The appellate court denied John Bailey's petition for a writ of habeas corpus and restricted his future pro se filings related to a specific criminal case due to his history of numerous meritless petitions. The court found his filings burdened judicial resources and interfered wi
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Fla. 1st DCA·
2023-02-15
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M.D. Fla.·
2023-02-15
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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The court held that it lacked jurisdiction to hear a federal prisoner's habeas petition challenging a federal sentence enhanced by a prior state conviction, as the prisoner was not in custody pursuant to a state court judgment and no recognized exception applied.
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S.D. Fla.·
2023-02-15
The court held that the petitioner's own actions in obstructing his removal proceedings tolled the presumptive six-month detention period, and therefore his continued detention was not unreasonably prolonged.
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S.D. Fla.·
2023-02-14
The court denied the petition for writ of habeas corpus, finding no substantial showing of the denial of a constitutional right and thus denying a certificate of appealability.
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M.D. Fla.·
2023-02-14
Pasquale Morganti, a Florida inmate, filed a federal habeas petition challenging his 2013 convictions for burglary and grand theft, raising nine claims including allegations of insufficient evidence, ineffective assistance of trial and appellate counsel, and various trial errors.
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Fla. 6th DCA·
2023-02-10
The appellate court granted a petition for habeas corpus relief, finding ineffective assistance of appellate counsel regarding the reclassification of a felony count. The court authorized a new appeal solely on that issue, denying other claims.
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N.D. Fla.·
2023-02-08
The court held that a petitioner seeking habeas corpus under § 2241 must first demonstrate that the § 2255 remedy is inadequate or ineffective.
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Fla. 4th DCA·
2023-02-08
A violation of pretrial release conditions alone cannot support pretrial detention without specific factual findings that no conditions of release can reasonably protect the community from risk of harm, assure the accused's presence at trial, or ensure judicial integrity.
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M.D. Fla.·
2023-02-07
The court held that the petitioner's federal habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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The court held that the petitioner's motion to reopen the case was premature and therefore denied as moot, leading to dismissal of the petition without prejudice.
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M.D. Fla.·
2023-02-07
Thomas Moak, a Florida prisoner sentenced to three consecutive life sentences for murdering his father, mother, and sister, filed a federal habeas petition challenging his convictions on multiple grounds, including claims of ineffective assistance of counsel and challenges to evi
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M.D. Fla.·
2023-02-06
The court denied the amended petition for a writ of habeas corpus, finding that the petitioner's claims were either procedurally barred, speculative, or failed to demonstrate prejudice.
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M.D. Fla.·
2023-02-06
Nicolas Hernandez challenged his state conviction for second-degree murder through a federal habeas corpus petition, alleging violations of Miranda rights during police interrogation and ineffective assistance of counsel on multiple grounds. The District Court denied the petition
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M.D. Fla.·
2023-02-06
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.
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M.D. Fla.·
2023-02-01
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations and was not entitled to statutory or equitable tolling.
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Fla. 3d DCA·
2023-02-01
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M.D. Fla.·
2023-01-31
The federal habeas petition is dismissed as untimely because it was filed outside the one-year statute of limitations, and the petitioner failed to demonstrate actual innocence with new evidence to warrant an exception.
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M.D. Fla.·
2023-01-27
George Cyle Williamson Jr., a Florida prisoner convicted of manslaughter with a weapon, sought federal habeas corpus relief challenging his state conviction on grounds of trial court error and ineffective assistance of counsel, but the District Court for the Middle District of Fl
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The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is unavailable to challenge the validity of a sentence except on very narrow grounds not present here.
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Fla. 1st DCA·
2023-01-25
The appellate court affirmed the trial court's dismissal of a federal prisoner's petition for a writ of habeas corpus. The prisoner sought to compel the resolution of a state detainer or its removal, but the court found it lacked the power to interfere with federal custody decisi
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M.D. Fla.·
2023-01-25
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability.
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M.D. Fla.·
2023-01-23
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-01-23
The court held that the state court's decision admitting the 911 recording was not contrary to or an unreasonable application of federal law, and that the claims of ineffective assistance of counsel were either procedurally defaulted or lacked merit.
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S.D. Fla.·
2023-01-20
The court held that the petitioner's claims of ineffective assistance of counsel lacked merit and were not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's habeas petition was untimely and equitable tolling was not warranted because the attorney's misadvice, while negligent, did not rise to the level of abandonment or extraordinary circumstance required for tolling.
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M.D. Fla.·
2023-01-18
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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M.D. Fla.·
2023-01-13
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither equitable tolling nor actual innocence exceptions applied.
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M.D. Fla.·
2023-01-12
In Queen v. Secretary, Florida Department of Corrections, a federal district court denied a state prisoner's habeas corpus petition challenging his drug trafficking conviction on grounds of ineffective assistance of trial counsel. The court found that the petitioner failed to mee
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M.D. Fla.·
2023-01-10
The court held that the state court's rejection of the petitioner's claim of ineffective assistance of counsel for failing to seek a competency evaluation was not contrary to federal law or based on an unreasonable determination of facts.
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M.D. Fla.·
2023-01-09
The court denied the respondent's motion for reconsideration because it was untimely and lacked standing.
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M.D. Fla.·
2023-01-06
A federal inmate cannot use a § 2241 petition to challenge the validity of his sentence when he has not met the narrow exceptions allowing such a challenge.
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M.D. Fla.·
2023-01-05
The court held that the petitioner's habeas corpus petition was untimely and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2023-01-03
Dixon challenged his state court convictions for aggravated assault with a firearm, possession of a firearm by a convicted felon, and carrying a concealed firearm in a federal habeas corpus petition, raising seven grounds of error. The District Court denied the petition, finding
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M.D. Fla.·
2023-01-03
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not excuse the delay.
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S.D. Fla.·
2023-01-03
The court held that the petitioner's claims were denied on the merits, as the state court's decisions were not contrary to federal law and were based on reasonable fact determinations, and thus habeas relief was not warranted.
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M.D. Fla.·
2023-01-03
The court held that the petitioner's claims were unexhausted and procedurally barred, and even if considered on the merits, did not meet the AEDPA standard for federal habeas relief.
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M.D. Fla.·
2023-01-03
A Florida state court jury convicted Grady Rodriguas Brye of sexual battery for an incident in which he used force and threats to force the victim to perform oral sex, and the trial court sentenced him to thirty years as a prison releasee reoffender. Brye's federal habeas corpus
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S.D. Fla.·
2022-12-30
The court held that federal courts must abstain from exercising jurisdiction over a habeas petition when there is an ongoing state judicial proceeding that implicates important state interests and provides an adequate opportunity to raise constitutional challenges, absent narrow
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M.D. Fla.·
2022-12-28
A pro se prisoner's civil rights complaint challenging the validity of his criminal conviction must be dismissed for failure to state a claim.
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M.D. Fla.·
2022-12-22
The federal court denied the habeas petition because the state court's decision denying the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
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M.D. Fla.·
2022-12-22
A petitioner challenging a state court conviction for which they received only a fine, with no imprisonment, is not considered 'in custody' for the purposes of federal habeas corpus jurisdiction under 28 U.S.C. § 2254.