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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The court held that the petitioner's federal habeas petition was untimely because his third state postconviction motion was not properly filed and therefore did not toll the AEDPA's one-year limitations period.
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Fla. 1st DCA·
2022-12-20
The court recharacterized a habeas corpus petition as a petition for writ of mandamus, finding that the petitioner was seeking to enforce a procedural rule rather than challenging the legality of his detention. Because the petitioner had since been charged, the court found no cle
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S.D. Fla.·
2022-12-19
The court held that the petitioner's claims of ineffective assistance of counsel were refuted by the record and failed to meet the high standards required for federal habeas corpus relief under AEDPA and Strickland.
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M.D. Fla.·
2022-12-13
The court held that the habeas corpus application was time-barred and therefore dismissed, denying a certificate of appealability and leave to appeal in forma pauperis.
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M.D. Fla.·
2022-12-13
The court held that a motion for recusal based on prior judicial rulings is meritless, and a habeas corpus petition under § 2241 is improper when the claims fall within the scope of § 2255 and a remedy under § 2255 is available.
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M.D. Fla.·
2022-12-09
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish actual innocence to overcome the statute of limitations.
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Fla. 1st DCA·
2022-12-08
The appellate court dismissed a public defender's petition for a writ of certiorari challenging an administrative order for pre-bond mental health screenings. The court found it lacked jurisdiction because the public defender failed to demonstrate irreparable harm, a prerequisite
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M.D. Fla.·
2022-12-07
Elmer Keith Bowman sought federal habeas relief under 28 U.S.C. § 2254, challenging his Florida conviction for sexual battery and kidnapping through claims of ineffective assistance of counsel based on alleged failures to review discovery materials, object to allegedly unlawful s
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M.D. Fla.·
2022-12-06
The court held that the petitioner's claims are procedurally barred from federal review because they were not exhausted in state court.
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M.D. Fla.·
2022-12-05
A federal district court in Florida denied Johnny L. Jones's habeas corpus petition challenging his 2012 state court conviction for burglary while armed with a firearm and grand theft, rejecting his claims that Fourth Amendment violations, coercive police interrogation, and ineff
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M.D. Fla.·
2022-12-02
Calderon-Fuentes was convicted of theft of government property for fraudulently obtaining increased Veterans Affairs disability benefits by falsely claiming severe vision impairment while regularly driving, obtaining driver's licenses, and performing physical tasks inconsistent w
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A state prisoner who has repeatedly filed meritless pro se petitions raising identical claims may be sanctioned by prohibiting future filings related to that conviction unless represented by a Florida Bar member.
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A state prisoner who repeatedly files meritless pro se petitions raising identical claims may be sanctioned by barring future filings on the same matter unless represented by Florida Bar counsel.
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Fla. 1st DCA·
2022-11-30
The court denied a petition for ineffective assistance of appellate counsel, finding that the appellate counsel was not deficient for failing to raise meritless arguments on appeal. The arguments concerned the admissibility of collateral crime evidence and the exclusion of certai
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M.D. Fla.·
2022-11-30
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, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2022-11-29
The federal court denied the petition for a writ of habeas corpus because the claims were procedurally defaulted and not subject to federal review.
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The court held that a petitioner may not simultaneously litigate duplicative habeas actions in two cases in the same court.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2022-11-22
A federal court cannot grant a pre-trial detainee's habeas corpus petition seeking to intervene in an ongoing state criminal proceeding, absent extraordinary circumstances.
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The court held that a lone affidavit from a psychiatrist hired for post-hoc review is insufficient to create clear and convincing evidence of a substantial doubt as to competency to stand trial.
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M.D. Fla.·
2022-11-21
The court held that the petitioner's claims of ineffective assistance of counsel were procedurally defaulted and lacked merit, and therefore denied the petition for writ of habeas corpus.
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S.D. Fla.·
2022-11-21
First Step Act earned time credits cannot be applied to shorten a term of supervised release, but may allow for earlier transfer to supervised release.
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N.D. Fla.·
2022-11-21
The court held that Petitioner has not stated a plausible claim for habeas relief because he is ineligible for parole or early release.
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M.D. Fla.·
2022-11-21
The court held that Bivens does not extend to federal prisoners' excessive force claims due to special factors, and claims against a "John Doe" defendant are dismissed for lack of specificity.
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S.D. Fla.·
2022-11-18
Badi Burgos, a Florida prisoner convicted of felony murder and armed robbery, filed a federal habeas petition challenging his state conviction and sentence, raising claims about the trial court's failure to conduct hearings on his right to self-representation and discharge of cou
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S.D. Fla.·
2022-11-18
A federal district court dismissed and denied a habeas corpus petition challenging a 2014 Florida conviction for burglary and theft, finding that petitioner Forbes exhausted only two of his four claims, that one unexhausted claim was not a substantial claim under the Martinez exc
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M.D. Fla.·
2022-11-17
The court held that the applicant failed to show that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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S.D. Fla.·
2022-11-17
The court held that the petition for writ of habeas corpus is moot because the petitioner has been released from custody.
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S.D. Fla.·
2022-11-15
The court held that the petitioner's claims were either unexhausted, procedurally barred, or failed to meet the Strickland standard for ineffective assistance of counsel, and thus denied the petition for a writ of habeas corpus.
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S.D. Fla.·
2022-11-15
Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
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Fla. 5th DCA·
2022-11-14
A petition for belated appeal may be granted to allow review of a postconviction order denying a habeas corpus petition.
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M.D. Fla.·
2022-11-14
Casie Lanee White, convicted of second-degree murder in 2015 with a life sentence, filed a federal habeas corpus petition challenging her conviction on eleven grounds, primarily alleging ineffective assistance of trial counsel. The district court denied all of her claims, finding
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M.D. Fla.·
2022-11-14
Michael Lee Smith, an inmate convicted in 2013 of armed burglary with assault and attempted armed robbery, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel. The district court dismissed the petition, conclud
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S.D. Fla.·
2022-11-10
The federal habeas petition is dismissed as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no exceptions apply.
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M.D. Fla.·
2022-11-09
A petitioner may not simultaneously litigate duplicative habeas actions in the same court against the same respondent.
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M.D. Fla.·
2022-11-08
The federal court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law and was based on a reasonable determination of the facts.
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M.D. Fla.·
2022-11-04
A failure to provide Miranda warnings does not create a cognizable claim for damages under § 1983, and challenges to criminal proceedings must be brought via habeas corpus.
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S.D. Fla.·
2022-11-03
A federal district court denied a habeas corpus petition from Checkingson Sinclair, who was convicted in Florida state court of killing his pregnant wife and their unborn child. The court dismissed three claims as procedurally defaulted because Sinclair failed to exhaust them in
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M.D. Fla.·
2022-11-03
Karla Davis challenged her state conviction for second-degree murder through a federal habeas petition, raising twenty-four grounds of ineffective assistance of counsel. The federal court denied all claims, finding that many were procedurally defaulted because Davis failed to bri
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M.D. Fla.·
2022-11-03
A state court's ministerial correction of a scrivener's error in a judgment to conform to the oral sentencing pronouncement does not create a new judgment for purposes of determining if a federal habeas petition is second or successive.
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The court held that the state court's denial of the petitioner's ineffective assistance of counsel 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.·
2022-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling, nor did it present a claim of actual innocence sufficient to overcome the time bar.
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M.D. Fla.·
2022-11-01
The federal court denied the petition for a writ of habeas corpus because the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2022-11-01
A habeas corpus petition seeking release is moot once the petitioner is released from custody, and damages are not available in a habeas action.
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S.D. Fla.·
2022-10-27
A Florida inmate challenged his convictions for battery, kidnapping, and aggravated assault in a federal habeas corpus petition, primarily arguing trial court error and ineffective assistance of counsel. The district court initially dismissed the petition as time-barred under the
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M.D. Fla.·
2022-10-26
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, nor an unreasonable application of, federal law, and were not based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-10-25
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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S.D. Fla.·
2022-10-21
The federal court dismissed a pretrial detainee's habeas petition because the Younger abstention doctrine barred intervention in an ongoing state criminal prosecution.
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S.D. Fla.·
2022-10-20
The court adopted the Magistrate Judge's Report and Recommendation, finding that the petitioner's claims of ineffective assistance of counsel and challenges to his sentence were without merit.
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Fla. 2d DCA·
2022-10-19
Paul Conley appealed the dismissal of his habeas corpus petition challenging his placement in close management by the Department of Corrections. The trial court dismissed the petition as raising the same or similar arguments as a previous petition, but the appellate court reverse