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.·
2022-03-24
The court held that the federal habeas petition was untimely filed and alternatively, that the petitioner had not raised a cognizable claim for relief.
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M.D. Fla.·
2022-03-24
The court denied the petition for a writ of habeas corpus, finding the claims either procedurally barred or without merit under AEDPA standards.
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An inmate who files a pattern of meritless pro se petitions may be sanctioned by barring future filings related to the same case unless signed by a member of the Florida Bar.
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Jose Miguel Cebez petitioned for a writ of habeas corpus, challenging the trial court's jurisdiction to enforce a plea agreement requiring him to serve eighteen months in prison after completing his five-year probation term. The court denied the petition, holding that the trial c
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M.D. Fla.·
2022-03-23
A Florida prisoner convicted of first-degree murder for killing a taxi driver challenged his conviction through federal habeas corpus, arguing trial court error in denying his motion to suppress his police interrogation statement and that his trial counsel was ineffective for fai
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S.D. Fla.·
2022-03-22
The court held that Petitioner is not entitled to release from immigration custody because he failed to establish a significant likelihood that removal will not occur in the reasonably foreseeable future, and he is not entitled to a bond hearing as individuals detained under 8 U.
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S.D. Fla.·
2022-03-21
The court held that Claim 1 is procedurally defaulted because the federal nature of the claim was not presented to the state court on direct appeal, and Claims 2-6 are exhausted as they were fairly presented in state post-conviction proceedings.
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M.D. Fla.·
2022-03-21
Troy Smith challenged his convictions for capital sexual battery and lewd or lascivious molestation through a federal habeas corpus petition, asserting five grounds for relief based primarily on claims of ineffective assistance of counsel and prosecutorial misconduct. The distric
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M.D. Fla.·
2022-03-21
The court held that a habeas petition challenging expired convictions must be dismissed for lack of jurisdiction, and a petition challenging enhanced sentences based on those expired convictions is successive if a prior petition was already filed.
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M.D. Fla.·
2022-03-18
The court held that the new claims in the counseled petition do not relate back to the original pro se petition and that equitable tolling is not warranted because the petitioner failed to demonstrate a causal link between his alleged mental impairment and the untimely filing.
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M.D. Fla.·
2022-03-17
Desir challenged his conviction for attempted murder with a firearm and aggravated battery by filing a federal habeas petition asserting six grounds for relief, primarily ineffective assistance of counsel claims related to jury selection, charging documents, speedy trial waiver,
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Fla. 5th DCA·
2022-03-14
A trial court errs in holding a defendant in direct criminal contempt for conduct that did not occur in the judge's presence, and such contempt proceedings must comply with Florida Rule of Criminal Procedure 3.830, including providing the defendant a meaningful opportunity to pre
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The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2022-03-08
The Court denies the petition for a writ of habeas corpus and a certificate of appealability, finding that the petitioner's claims were either procedurally barred, failed to meet the AEDPA's deferential standard of review, or were not cognizable on federal habeas.
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M.D. Fla.·
2022-03-07
A challenge to a state collateral proceeding does not provide a basis for federal habeas relief under 28 U.S.C. § 2254.
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M.D. Fla.·
2022-03-04
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year statute of limitations and that he failed to establish entitlement to equitable tolling.
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S.D. Fla.·
2022-03-03
The court held that prolonged detention without a bond hearing violates due process, and the prior bond hearing was void, entitling the petitioner to a new hearing.
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M.D. Fla.·
2022-03-03
Petitioner Hinson, an inmate serving a life sentence for second-degree murder, brought a federal habeas petition challenging his 2013 guilty plea and subsequent life sentence, raising twelve subparts of ineffective assistance of counsel claims against his trial counsel and one cl
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The court held that a federal inmate cannot use a § 2241 petition to challenge the validity of a sentence except on very narrow grounds not present here.
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Fla. 5th DCA·
2022-03-02
A trial court must conduct a pretrial release hearing and set a bond when the State has not motioned for pretrial detention.
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The court held that it lacked jurisdiction to consider the inmate's request for compassionate release and that a civil action was not the proper vehicle to challenge the service of her sentence.
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S.D. Fla.·
2022-02-27
The court held that it lacked jurisdiction to consider a successive habeas corpus petition filed under 28 U.S.C. § 2241 when the petitioner had not obtained authorization from the appropriate court of appeals.
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S.D. Fla.·
2022-02-25
The court held that while mandatory detention under 8 U.S.C. § 1226(c) can be constitutionally permissible, an alien detained for an unreasonably prolonged period is entitled to a bond hearing before an Immigration Judge. The alien bears the burden of proof at this hearing.
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Fla. 1st DCA·
2022-02-23
The appellate court reviewed the dismissal of a motion challenging habitual felony offender sentences. While affirming the dismissal of one claim, the court found the habitual offender designation on life felony sentences for armed kidnapping to be illegal due to an unconstitutio
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N.D. Fla.·
2022-02-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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N.D. Fla.·
2022-02-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2022-02-22
The federal court denied the habeas petition, finding that the state court's procedural bar based on untimeliness was an independent and adequate state law ground, and the petitioner failed to overcome this bar.
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Fla. 5th DCA·
2022-02-21
When a trial court lacks sufficient evidence to find that an incompetent defendant qualifies for involuntary commitment, the court may only modify the defendant's conditions of release, not revoke the release entirely.
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Fla. 2d DCA·
2022-02-18
The appellate court granted petitions for writ of habeas corpus, finding that the trial court abused its discretion by revoking a married couple's bonds based on a violation of a broad no-contact condition. The court held that such sweeping restrictions on marital rights are gene
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Fla. 2d DCA·
2022-02-18
This case reviews a trial court's decision to revoke a married couple's bonds and deny their motions to strike a pretrial release condition that prohibited them from contacting each other. The appellate court found the trial court abused its discretion by imposing a sweeping no-c
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M.D. Fla.·
2022-02-17
The court held that the petitioner's claims regarding his second conditional release and the extension of his sentence expiration date were without merit under state law, and thus not grounds for federal habeas relief.
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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 and was based on a reasonable determination of the facts.
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A federal prisoner's claim of actual innocence based on a subsequent change in circuit precedent is not cognizable under the savings clause of 28 U.S.C. § 2255(e) and cannot be raised in a § 2241 habeas petition if § 2255 provides an adequate remedy.
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M.D. Fla.·
2022-02-16
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to federal law and thus denied federal habeas relief.
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Fla. 1st DCA·
2022-02-16
The appellate court affirmed the denial of a habeas corpus petition filed by Roosevelt Carroll Jr. challenging his 2006 conviction. The court found the petition to be meritless and frivolous, noting Carroll's history of filing similar unsuccessful appeals.
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The court held that the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and was not based on an unreasonable determination of the facts.
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Fla. 5th DCA·
2022-02-11
A pro se petitioner may be cautioned and threatened with sanctions, including a bar on future pro se filings and referral for disciplinary proceedings, when his filings are determined to be abusive, repetitive, malicious, or frivolous.
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Fla. 5th DCA·
2022-02-11
A litigant who abuses the judicial process through abusive, repetitive, malicious, or frivolous pro se filings may be prohibited from filing further pro se pleadings in a particular case to conserve judicial resources.
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Fla. 5th DCA·
2022-02-04
A petitioner whose habeas corpus petition has been denied may be cautioned and threatened with sanctions for filing further abusive, repetitive, malicious, or frivolous filings on the same matter.
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M.D. Fla.·
2022-02-02
The federal habeas petition is untimely and dismissed because the petitioner failed to demonstrate entitlement to equitable tolling or the fundamental miscarriage of justice exception.
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The court held that the pro se plaintiff's complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, warranting dismissal without prejudice.
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S.D. Fla.·
2022-01-31
The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, did not meet the required legal standards.
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M.D. Fla.·
2022-01-31
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred or meritless.
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Fla. 5th DCA·
2022-01-28
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking a judgment and sentence may be prohibited from future pro se filings to conserve judicial resources.
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M.D. Fla.·
2022-01-27
Dennis McCloud's federal habeas petition challenging his 2010 Florida convictions for sexual battery and lewd and lascivious conduct was largely denied on procedural and substantive grounds. The court found the petition untimely as to one case because McCloud failed to file the r
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M.D. Fla.·
2022-01-27
The court held that the state court's denial of the petitioner's claims was not contrary to federal law and was based on a reasonable determination of the facts, thus denying habeas relief.
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M.D. Fla.·
2022-01-27
The court held that federal habeas review of the petitioner's Fourth Amendment claims was barred because the state courts provided an opportunity for full and fair litigation of those claims.
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M.D. Fla.·
2022-01-27
The court held that a pro se prisoner's failure to truthfully disclose his prior litigation history, including prior dismissals under the PLRA's 'three strikes rule,' constitutes an abuse of the judicial process and warrants dismissal of the current action as a sanction.
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M.D. Fla.·
2022-01-27
The court held that Zink waived his claims by pleading guilty and that his statements were admissible under Miranda, as his reference to a lawyer was equivocal and he impliedly waived his rights.
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M.D. Fla.·
2022-01-26
Kevin Jerome Scott, a death row inmate whose sentence was later reduced to life imprisonment, sought federal habeas corpus relief challenging his 2009 conviction for first-degree murder, attempted armed robbery, and aggravated battery, raising four claims of ineffective assistanc