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.·
2022-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed outside the one-year statute of limitations established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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S.D. Fla.·
2022-07-28
The court adopted the Magistrate Judge's recommendation to dismiss some claims as time-barred and deny others on the merits, finding no clear error in the record.
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N.D. Fla.·
2022-07-28
The court held that a plaintiff's failure to accurately disclose prior litigation, even if unintentional, warrants dismissal of the current suit.
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A defendant detained for 33 days without charges being filed must be released on her own recognizance under Rule 3.134, and the subsequent filing of additional misdemeanor charges arising from the same criminal episode does not constitute changed circumstances or new evidence jus
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M.D. Fla.·
2022-07-27
Anthony Vaughan, an inmate convicted of two counts of first-degree murder in 2010, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising four grounds for relief including claims of ineffective assistance of counsel. The district court denied the petition on
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M.D. Fla.·
2022-07-26
The court held that the petitioner's claims did not meet the standard for federal habeas corpus relief under 28 U.S.C. § 2254, as the state court decisions were 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.·
2022-07-22
The court held that the applicant's amended habeas application was untimely as to one ground and that the state court's denial of the remaining ineffective assistance of counsel claim was not an unreasonable application of federal law or determination of facts.
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Melendez challenged his state convictions for drug trafficking and related offenses through a federal habeas corpus petition, asserting five grounds of ineffective assistance of counsel, including claims that his trial attorney failed to communicate a plea offer, obtain an interp
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S.D. Fla.·
2022-07-20
Rufus Young challenged his murder and armed robbery convictions on federal habeas review, arguing his trial counsel was ineffective in three ways: failing to adequately suppress an allegedly illegal arrest, failing to advise him of an independent act defense, and failing to objec
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M.D. Fla.·
2022-07-20
The petition for writ of habeas corpus is denied because the claims are either not cognizable, procedurally barred, waived by plea, or fail on the merits under AEDPA review.
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M.D. Fla.·
2022-07-19
Michael Tramel, a Florida inmate, petitioned for federal habeas relief challenging his 2013 conviction for attempted second-degree murder and aggravated battery with a deadly weapon, raising ten grounds claiming ineffective assistance of trial and appellate counsel and trial cour
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S.D. Fla.·
2022-07-19
The court denied Petitioner's Petition for a Writ of Habeas Corpus, finding most claims procedurally defaulted and the remaining claims without merit.
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M.D. Fla.·
2022-07-12
The court denied the petition for writ of habeas corpus, finding the state court's adjudication of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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The court held that the plaintiff's complaint fails to state a claim against any defendant and must be dismissed.
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The federal habeas petition is dismissed as untimely because the petitioner exceeded the one-year limitations period established by AEDPA, and neither actual innocence nor equitable tolling applies.
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The court held that Grounds One, Three, and Four were untimely filed and Ground Two was procedurally barred and also failed on the merits.
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S.D. Fla.·
2022-07-07
The court held that the medical examiner's reliance on a toxicology report for the purpose of explaining his opinion did not violate the Confrontation Clause, and therefore adopted the magistrate judge's recommendation to deny the habeas petition.
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M.D. Fla.·
2022-07-06
The court held that a stay and abeyance of federal habeas proceedings is warranted to allow the petitioner to exhaust a newly discovered Brady claim in state court, as he demonstrated good cause, a potentially meritorious claim, and no dilatory tactics.
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M.D. Fla.·
2022-07-01
The court held that a habeas petitioner must demonstrate a high probability of success on a substantial constitutional claim and extraordinary circumstances to be granted release on bond pending appeal.
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The court cautioned the petitioner that further repetitive, frivolous, or abusive pro se filings regarding the same case may result in sanctions including a bar on pro se filing and referral for disciplinary proceedings.
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Fla. 1st DCA·
2022-06-29
This case concerns a habeas petition challenging a local administrative order for "pre-bond mental health screening." The court found that the petitioner's detention for such screening was lawful, drawing guidance from a Florida Supreme Court decision that allows trial courts to
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M.D. Fla.·
2022-06-24
The court held that it lacked jurisdiction to review the petitioner's claims, as they constituted a direct attack on a District of Columbia appellate court decision, which is beyond the scope of federal district court review.
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M.D. Fla.·
2022-06-22
The court held that the petitioner failed to exhaust his administrative remedies because he did not properly complete the grievance process, even after learning of a denial.
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Fla. 4th DCA·
2022-06-22
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Fla. 1st DCA·
2022-06-22
The appellate court affirmed the dismissal of a habeas corpus petition, finding that the appellant abandoned his original claims by failing to raise them on appeal and that new claims were procedurally barred. The court also deemed the appeal frivolous and cautioned the appellant
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M.D. Fla.·
2022-06-21
The court held that Beiler's claims were procedurally defaulted and that he failed to establish cause or prejudice to overcome the default. His claim regarding ineffective assistance of counsel for failing to strike the jury panel was also denied.
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S.D. Fla.·
2022-06-21
The court held that the petitioner's claims were procedurally defaulted or not cognizable in federal habeas proceedings because they were not presented as federal issues in state court.
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M.D. Fla.·
2022-06-21
The court held that the petitioner demonstrated excusable neglect and good cause for an extension of time to file a notice of appeal.
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S.D. Fla.·
2022-06-21
The court adopted the magistrate judge's report and recommendation, dismissing the petition for writ of habeas corpus as moot.
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M.D. Fla.·
2022-06-21
The court held that the petitioner received adequate due process in his prison disciplinary proceeding and that there was sufficient evidence to support the disciplinary decision.
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S.D. Fla.·
2022-06-14
Esdras Cardona's federal habeas petition challenging his 2007 Florida conviction for sexual battery and burglary was dismissed in part and denied in part because his claim about inadequate hearings on newly discovered evidence raised only state law issues and his remaining ineffe
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S.D. Fla.·
2022-06-10
The court held that Ground One of the habeas petition is procedurally defaulted due to failure to exhaust federal claims in state court, and Ground Two is denied because the state court's finding of harmless error was not an unreasonable application of federal law.
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M.D. Fla.·
2022-06-08
The federal court must abstain from interfering with the pending state civil commitment proceedings under the Younger doctrine.
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S.D. Fla.·
2022-06-07
Tyshon Renford's federal habeas petition challenging his Florida state-court conviction for armed kidnapping, robbery with a firearm, and armed carjacking was dismissed as to one claim for failure to exhaust state remedies and denied as to two remaining claims on the merits. The
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N.D. Fla.·
2022-06-07
The court accepted the Magistrate Judge's report and recommendation, denying the petitioner's amended petition for a writ of habeas corpus.
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M.D. Fla.·
2022-06-07
Isaac Wilder, convicted in Florida state court of first-degree murder and attempted second-degree murder in 2011, filed a federal habeas corpus petition challenging his conviction based on claims of actual innocence and ineffective assistance of trial counsel, all of which the co
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S.D. Fla.·
2022-06-06
The court held that a pro se habeas petition must be dismissed without prejudice because it contains unexhausted claims and the petitioner failed to pay the filing fee or submit a sufficient motion to proceed in forma pauperis.
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The court held that a motion to vacate under 28 U.S.C. § 2255 is only cognizable if it seeks release from custody, and challenges to forfeiture or restitution are not sufficient. Furthermore, the court held that the petitioner's prior filings did not relate back to the current mo
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The court held that a habeas petition challenging post-removal detention should be denied when the alien's removal is imminent and reasonably foreseeable, even if detention exceeds six months, especially when the alien's actions contributed to delays.
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M.D. Fla.·
2022-06-03
William St. Claire sought federal habeas relief under 28 U.S.C. § 2254, claiming constitutional violations at his trial for aggravated assault with a firearm, including denial of funds for a communications expert, improper exclusion of evidence regarding his reasons for visiting
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M.D. Fla.·
2022-06-03
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because his state postconviction motions were not properly filed, and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2022-06-01
The court denied the petition for a writ of habeas corpus, finding that the state court's decision denying relief was not contrary to or an unreasonable application of federal law and was not based on an unreasonable determination of facts.
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M.D. Fla.·
2022-06-01
The court held that the state appellate court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-05-31
The federal court denied the habeas corpus petition, finding the state court's decisions on ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2022-05-27
The court held that the current petition for a writ of habeas corpus is an unauthorized second or successive petition, and therefore the court lacks jurisdiction to consider it.
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S.D. Fla.·
2022-05-26
The court held that Younger abstention doctrine compelled dismissal of the federal habeas petition due to an ongoing state civil commitment proceeding that is akin to a criminal prosecution.
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S.D. Fla.·
2022-05-23
The court held that the State of Florida is immune from suit under 42 U.S.C. § 1983, and the plaintiff's claims for injunctive relief and damages are not cognizable under § 1983.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and neither equitable tolling nor actual innocence provided a basis for review.
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M.D. Fla.·
2022-05-22
The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence when the § 2255 remedy is available and adequate.
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M.D. Fla.·
2022-05-20
Christopher Dean Thomas challenged a 2010 Duval County conviction for four counts of armed robbery through a federal habeas petition, raising claims of ineffective assistance of trial counsel, Brady violations, and newly discovered evidence. The federal district court denied the