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 state court's adjudication of the petitioner's claims did not result in a decision contrary to, or an unreasonable application of, clearly established federal law, nor an unreasonable determination of the facts.
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The court denied the motion for reconsideration because the petitioner failed to demonstrate manifest errors of law or fact in the original dismissal of his habeas petition.
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Fla. 5th DCA·
2022-10-14
A habeas corpus petitioner may be prohibited from filing further pro se petitions in a case when he abuses the judicial process through repetitive, malicious, or frivolous filings.
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S.D. Fla.·
2022-10-10
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.·
2022-10-05
Sean Perri challenged his Florida convictions and thirty-year sentence for multiple counts including fleeing to elude police, drug possession, and felon-in-possession charges by filing a federal habeas petition claiming ineffective assistance of counsel. The court dismissed thirt
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M.D. Fla.·
2022-10-04
The court held that a habeas petition challenging immigration detention is moot once the petitioner is released from custody and placed under an order of supervision.
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S.D. Fla.·
2022-10-03
The Court denies Ground 1 and dismisses Grounds 2 through 10 of the habeas petition, finding some claims unexhausted, others procedurally defaulted, and one cognizable only under state law.
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A criminal defendant generally cannot proceed pro se while represented by counsel.
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Fla. 1st DCA·
2022-09-28
The trial court properly reformed the Easement Deed to reflect the mutual intent of the Bank and bankruptcy trustee to convey a right-of-way across defendants' property for access to the landlocked 178.5-acre parcel, as the deed's description was fatally inaccurate despite clear
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M.D. Fla.·
2022-09-26
The court held that the petitioner's claims were procedurally defaulted and/or without merit, and therefore denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2022-09-26
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling.
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M.D. Fla.·
2022-09-23
Charles Pitts challenged his state convictions for sexual battery, false imprisonment, and domestic battery by strangulation through a federal habeas corpus petition, alleging ineffective assistance of counsel. The court denied the petition, finding that Pitts's guilty plea was k
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M.D. Fla.·
2022-09-23
Armey filed a federal habeas petition challenging his state convictions for carjacking, burglary, and theft, claiming the prosecution withheld exculpatory evidence and that his trial counsel was ineffective for failing to present an insanity defense based on mental illness. The c
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M.D. Fla.·
2022-09-22
The court held that the petitioner failed to demonstrate that the state court unreasonably denied his claim of ineffective assistance of trial counsel regarding an untimely motion to disqualify the judge.
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M.D. Fla.·
2022-09-22
The court denied the petitioner's habeas corpus claims, finding that his trial counsel was not ineffective under the Strickland standard.
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M.D. Fla.·
2022-09-19
Wyndel Hall challenged his state convictions for sexual battery and resisting arrest by petitioning for federal habeas relief under 28 U.S.C. § 2254, raising multiple ineffective assistance of counsel claims centered on his trial counsel's handling of a redacted audio recording o
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M.D. Fla.·
2022-09-19
The court held that the petitioner's claims were adjudicated on the merits in state court and must be evaluated under the deferential standard of 28 U.S.C. § 2254(d), finding no basis for federal habeas relief.
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M.D. Fla.·
2022-09-15
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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S.D. Fla.·
2022-09-14
The court held that the petitioner failed to demonstrate ineffective assistance of counsel regarding DNA testing, as his claims were speculative and did not meet the prejudice prong of Strickland.
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M.D. Fla.·
2022-09-13
A Florida state prisoner serving a mandatory life sentence for sexual battery upon a child sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2011 conviction on eleven grounds, including claims of child hearsay evidence admission, ineffective assistance of trial
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M.D. Fla.·
2022-09-12
A motion to transfer venue within a district under 28 U.S.C. § 1404(a) and Local Rule 1.04(b) was denied because the moving party failed to demonstrate that the convenience factors weighed in favor of transfer, and an intra-district transfer under § 1404(b) requires consent of al
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M.D. Fla.·
2022-09-07
The court held that one ground for relief was procedurally barred and that the remaining ground did not demonstrate prejudice, thus denying the habeas corpus petition.
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M.D. Fla.·
2022-09-01
The court held that a federal prisoner seeking habeas corpus relief under 28 U.S.C. § 2241 must demonstrate that the remedy under 28 U.S.C. § 2255 is inadequate or ineffective, which the petitioner failed to do.
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M.D. Fla.·
2022-09-01
The court held that a pretrial detainee cannot seek habeas corpus relief under § 2254 and must exhaust state remedies under § 2241, and that abstention principles apply.
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S.D. Fla.·
2022-08-30
Ronald Baker, convicted of sexually abusing his minor daughter over many years, challenged his convictions through federal habeas corpus, raising claims that his Fourth Amendment rights were violated by a defective search warrant, that denying severance of later-charged counts de
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M.D. Fla.·
2022-08-29
The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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S.D. Fla.·
2022-08-25
Federal Rule of Appellate Procedure 23 does not apply to a habeas petition pending before a district court, and even if it did, the petitioner failed to demonstrate entitlement to release.
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The court denied the amended petition for a writ of habeas corpus, finding that the petitioner's claims were either unexhausted, procedurally barred, or without merit under AEDPA review standards.
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M.D. Fla.·
2022-08-24
A federal prisoner cannot use a § 2241 petition to challenge the legality of his sentence when § 2255 is the exclusive remedy, even if a § 2255 motion would be untimely or procedurally barred.
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M.D. Fla.·
2022-08-23
The court held that a pretrial detainee's petition for habeas corpus is not cognizable under 28 U.S.C. § 2254 and, when construed under § 2241, fails due to lack of exhaustion and principles of abstention, and a certificate of appealability should be denied.
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M.D. Fla.·
2022-08-23
A federal prisoner cannot use a § 2241 petition to challenge the legality of his sentence if a § 2255 motion is available.
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M.D. Fla.·
2022-08-16
The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-08-15
The court held that the petitioner's habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and no exceptions applied to excuse the delay.
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Florida inmate Donmonique Cockrum sought habeas relief under 28 U.S.C. § 2254, challenging his conviction for attempted second-degree murder based on claims of ineffective assistance of both trial and appellate counsel. The district court denied all claims, finding that the recor
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The court held that the petitioner failed to show good cause or satisfy the stringent requirements of 28 U.S.C. § 2254(e)(2) for discovery in his federal habeas corpus petition.
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Inmate Foreman, convicted of lewd and lascivious molestation of a child, sought federal habeas relief challenging the admissibility and reliability of child hearsay testimony presented by the victim's parents and a Child Protection Team member. The federal district court denied r
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M.D. Fla.·
2022-08-10
The court held that the petition for writ of habeas corpus was prematurely filed because the petitioner's removal period had not yet begun due to a stay of removal granted by the Third Circuit Court of Appeals.
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M.D. Fla.·
2022-08-09
William J. Milne sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2011 conviction for lewd and lascivious exhibition, voyeurism, and battery based on claims including ineffective assistance of counsel related to rejected plea offers and sentencing advice, and
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When a trial court finds after an Arthur hearing that proof is not evident nor presumption great, it cannot order detention without bond and must instead conduct a rule 3.131 pretrial release hearing.
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Fla. 3d DCA·
2022-08-03
Habeas corpus is not a second appeal and cannot be used to litigate or relitigate issues which could have been, should have been, or were raised on direct appeal.
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M.D. Fla.·
2022-08-03
The court held that the petitioner's claims lacked merit and denied his petition for a writ of habeas corpus.
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Fla. 3d DCA·
2022-08-03
The defendant's incriminating statements were properly admitted into evidence because they were voluntarily offered after the defendant was informed of the serious charges against him, and his subsequent statements constituted a valid reinitiation of police communication that jus
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M.D. Fla.·
2022-08-02
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 court regarding ineffective assistance of counsel claims.
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M.D. Fla.·
2022-08-02
A Florida prisoner, Shola McCarthy, sought federal habeas relief challenging his conviction for robbery while using a police scanner, which resulted in a 27-year sentence, claiming insufficiency of evidence, prosecutorial misconduct, ineffective assistance of trial and appellate
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S.D. Fla.·
2022-08-02
The court requires a supplemental declaration from respondents to further understand delays in obtaining travel documents for deportation.
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M.D. Fla.·
2022-08-02
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations because his state postconviction motion was not properly filed and therefore did not toll the limitations period.
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M.D. Fla.·
2022-08-02
The district court correctly denied Petitioner David Guzman's amended petition for a writ of habeas corpus under 28 U.S.C. § 2254. The court found that Guzman failed to demonstrate that the state appellate court's denial of his claims of ineffective assistance of appellate counse
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M.D. Fla.·
2022-08-01
A civil rights complaint challenging convictions that have not been overturned is subject to dismissal under the PLRA for failure to state a claim.