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.·
2022-01-24
Florida inmate Terry Glenn Loftin challenged his sexual battery convictions through federal habeas corpus, raising claims including inadequate Miranda warnings, Brady violations, ineffective assistance of counsel regarding competency investigations and trial strategy, and discove
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The court held that the petitioner's 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 claims of ineffective assistance of counsel and trial court error were unexhausted and procedurally barred, and otherwise without merit.
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M.D. Fla.·
2022-01-20
The court held that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and that the decision not to challenge the familial/custodial authority charge was sound trial strategy.
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M.D. Fla.·
2022-01-20
The court held that it lacks jurisdiction to consider a second or successive habeas petition without prior authorization from the Eleventh Circuit.
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The court held that the petitioner failed to state a claim for relief in his habeas petition because he did not adequately allege the trigger date for the removal period and his conditions of confinement claim is not cognizable in a habeas petition.
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Fla. 1st DCA·
2022-01-19
The appellate court affirmed the trial court's denial of a habeas corpus petition, which was treated as a motion for postconviction relief. The court found the petition untimely, procedurally barred, and meritless, and warned the appellant about future frivolous filings.
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Fla. 5th DCA·
2022-01-14
The trial court properly dismissed Rodriguez's petition for writ of habeas corpus.
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M.D. Fla.·
2022-01-13
Antonio Garrett, convicted of first-degree murder in a 2013 shooting death, sought federal habeas relief challenging a jury instruction that conditioned his self-defense claim on a duty to retreat based on his status as a felon in illegal possession of a firearm. The federal cour
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Jason Andrew Simpson, a death row inmate convicted of murdering two people in 1999 based primarily on circumstantial DNA evidence and a witness confession, prevailed on a Brady violation claim when the State failed to disclose that the key defense witness was a confidential infor
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M.D. Fla.·
2022-01-07
The court denied the petition for writ of habeas corpus, finding one claim procedurally barred and the other lacking merit due to lack of prejudice. A certificate of appealability was denied.
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M.D. Fla.·
2022-01-04
An inmate in Florida challenged his 2012 conviction for armed robbery, raising two ineffective assistance of trial counsel claims under federal habeas corpus review. The district court denied relief on both claims, finding that the trial court properly refused a late motion to su
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M.D. Fla.·
2022-01-03
The court held that the petitioner sufficiently exhausted his claim of ineffective assistance of counsel regarding a motion to suppress, and that the state postconviction court's denial of this claim was not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's habeas corpus petition was untimely filed and not eligible for equitable tolling.
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Fla. 5th DCA·
2021-12-30
A petitioner whose habeas corpus filings are abusive, repetitive, malicious, or frivolous may be sanctioned with a bar on pro se filings and referral for disciplinary proceedings.
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M.D. Fla.·
2021-12-30
The court held that a habeas petition challenging a judgment that has been vacated and will be subject to resentencing should be dismissed without prejudice as not ripe for review. A new petition can be filed after the new sentence is final.
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M.D. Fla.·
2021-12-29
A state inmate convicted of second-degree murder challenged his guilty plea on federal habeas review, raising multiple claims of ineffective assistance of counsel, including allegations that his counsel failed to adequately explain evidence, pursue an alibi defense, and advise hi
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Fla. 1st DCA·
2021-12-29
The appellate court affirmed the denial of a habeas corpus petition filed by Ruthey Twana Hayes. The court found the petition to be untimely, successive, and without merit, upholding the lower court's decision.
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N.D. Fla.·
2021-12-28
The court held that a habeas petition under 28 U.S.C. § 2241 should be dismissed if the claim is cognizable under 42 U.S.C. § 1983, even if the petitioner requests conversion.
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The court held that the petitioner's habeas corpus petition was untimely filed and that his claims of actual innocence were not supported by sufficient new evidence to overcome the statute of limitations.
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M.D. Fla.·
2021-12-23
The federal court denied the habeas petition because the state court's decision denying the ineffective assistance of counsel claim was neither contrary to nor an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2021-12-17
The petition for a writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to demonstrate entitlement to equitable tolling or establish a credible claim of actual innocence.
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Federal habeas relief is denied because the state court's adjudication of the ineffective assistance of counsel claims was 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.·
2021-12-16
The court held that the petitioner's filing was unclear and did not comply with court rules, warranting dismissal without prejudice.
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M.D. Fla.·
2021-12-15
The court held that it lacked jurisdiction to consider a second or successive habeas petition without prior authorization from the court of appeals.
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Fla. 4th DCA·
2021-12-15
Appellate counsel was ineffective for failing to raise through a rule 3.800(b)(2) motion that the trial court erred by failing to order a mandatory presentence investigation report prior to resentencing.
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The court affirmed the magistrate judge's report, denying the habeas petition because the petitioner failed to establish prejudice from counsel's alleged ineffectiveness.
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S.D. Fla.·
2021-12-10
The court affirmed the magistrate judge's report and recommendation, denying the habeas petition and finding no substantial showing of the denial of a constitutional right.
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Fla. 5th DCA·
2021-12-10
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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The court affirmed the magistrate judge's report, denying the petitioner's habeas petition and objections.
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The petition for a writ of habeas corpus is dismissed as untimely because it was filed after the one-year limitations period expired and the petitioner failed to establish entitlement to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2021-12-06
The court held that the state court's denial of the habeas petition was not contrary to or an unreasonable application of federal law, and the factual determinations were reasonable.
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N.D. Fla.·
2021-12-06
The court accepted the Magistrate Judge's report and recommendation, denying the petitioner's motion for leave to file a second amended habeas petition and denying the amended habeas petition.
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The court held that a federal inmate cannot use a § 2241 petition to challenge the validity of his sentence when the narrow exceptions do not apply.
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When a circuit court finds an inmate eligible for incentive gain-time, the Department of Corrections must redetermine the inmate's gain-time awards and sentence completion date rather than wholly denying relief based on discretionary authority.
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S.D. Fla.·
2021-12-01
The court denied the petitioner's motion for relief from judgment because the due process argument was raised for the first time in a reply brief, which is improper.
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M.D. Fla.·
2021-12-01
Royce W. Cook pleaded guilty to two counts of attempted capital sexual battery and four counts of sexual battery in exchange for a negotiated 25-year sentence. On federal habeas review, Cook challenged his conviction by asserting ineffective assistance of counsel claims, includin
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M.D. Fla.·
2021-12-01
The court held that the petition for writ of habeas corpus was untimely filed under AEDPA and, alternatively, lacked merit.
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Fla. 3d DCA·
2021-11-24
Martinez Watts appealed the denial of his habeas corpus petition challenging the validity of his 2013 arrest for burglary of a dwelling, to which he pleaded guilty in 2014. The court affirmed the denial, holding that habeas corpus cannot be used as a substitute for postconviction
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M.D. Fla.·
2021-11-24
The court held that the petitioner's claim in Ground One is unexhausted because he voluntarily dismissed his appeal, and even if exhausted, the claim is meritless as counsel's actions were not deficient.
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M.D. Fla.·
2021-11-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period.
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S.D. Fla.·
2021-11-22
The court held that it lacked jurisdiction to consider the successive habeas petition because the petitioner did not obtain authorization from the court of appeals.
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N.D. Fla.·
2021-11-19
The court held that a prison disciplinary report based on an inmate's language, whether threatening or disrespectful, does not violate constitutional rights and can be dismissed for failure to exhaust administrative remedies or lack of merit.
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The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 requires the petitioner to be 'in custody,' and absent this, the court lacks subject matter jurisdiction.
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M.D. Fla.·
2021-11-17
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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The court held that the petitioner failed to establish ineffective assistance of counsel because no five-year plea offer was ever made by the State, and therefore, his trial counsel did not perform deficiently.
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Fla. 3d DCA·
2021-11-10
Habeas corpus is not a proper vehicle for raising issues that were previously litigated, could have been raised on direct appeal, or could have been raised in post-conviction proceedings.
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M.D. Fla.·
2021-11-10
The petition for writ of habeas corpus is dismissed as untimely because it was filed outside the one-year limitations period established by AEDPA.
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A trial court must conduct an evidentiary hearing and take evidence on all statutory factors, including the defendant's financial resources, before denying a motion for bond reduction.