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.·
2021-11-01
The court held that it lacks subject matter jurisdiction over the petition due to the probate exception and Eleventh Amendment, and that federal habeas relief is unavailable for guardianship challenges.
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M.D. Fla.·
2021-11-01
The court held that a pretrial detainee's constitutional right of access to courts is satisfied if he is offered legal counsel and voluntarily proceeds pro se, even if he claims a lack of legal supplies.
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S.D. Fla.·
2021-10-28
The court held that federal courts must abstain from interfering with ongoing state criminal proceedings when adequate state remedies exist.
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Fla. 1st DCA·
2021-10-27
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S.D. Fla.·
2021-10-26
The court held that the petitioner failed to establish ineffective assistance of counsel on any of his claims and denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2021-10-25
Charlie Vernon Small, Jr. appealed his conviction for violation of probation in a sex offender case by filing a federal habeas petition claiming his trial counsel was ineffective under the Sixth Amendment on nine separate grounds. The district court denied the petition, finding t
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M.D. Fla.·
2021-10-21
The court held that the petitioner's claims were not contrary to or an unreasonable application of federal law, and the state court's factual determinations were not unreasonable.
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Trial counsel did not render deficient performance by introducing a portion of Smith's interrogation containing references to lack of remorse, as it was a sound strategic decision to show detective misconduct; counsel was not deficient in stipulating to booking photographs with w
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M.D. Fla.·
2021-10-19
The court held that the petitioner's habeas petition was untimely because he failed to demonstrate reasonable diligence, a prerequisite for equitable tolling.
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N.D. Fla.·
2021-10-15
The court recommended dismissal of the habeas corpus petition because the petitioner failed to pay the filing fee or seek leave to proceed in forma pauperis, despite multiple opportunities and warnings.
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S.D. Fla.·
2021-10-15
The court held that a federal habeas petition challenging ongoing state criminal proceedings must be dismissed under the Younger abstention doctrine and for failure to state a claim.
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N.D. Fla.·
2021-10-15
A Florida inmate convicted of capital sexual battery against his six-year-old granddaughter and sentenced to life in prison challenged his conviction in federal habeas corpus proceedings, raising claims about closed-circuit testimony of the child victim, prosecutorial misconduct
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Fla. 5th DCA·
2021-10-15
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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N.D. Fla.·
2021-10-12
Joey Smelley sought federal habeas relief under 28 U.S.C. § 2254, challenging his convictions for home invasion robbery and other felonies based on claims that his trial and collateral counsel were ineffective. The District Court for the Northern District of Florida denied the pe
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N.D. Fla.·
2021-10-12
An amended judgment imposed nunc pro tunc does not restart the federal habeas limitations period if it relates back to the original judgment date.
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A federal prisoner seeking to collaterally attack the validity of a conviction and sentence must file a motion under 28 U.S.C. § 2255 in the sentencing court, not a petition for a writ of habeas corpus under 28 U.S.C. § 2241 in the district of confinement, unless the § 2255 remed
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The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period and denied equitable tolling.
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M.D. Fla.·
2021-10-06
The court held that the petitioner is not entitled to habeas relief because the state court's denial of his claims, particularly regarding ineffective assistance of appellate and trial counsel, was not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2021-10-05
The court held that the plaintiff's complaint was deficient for multiple reasons, including failure to comply with IFP requirements, shotgun pleading, failure to state a claim against a municipality, and seeking non-cognizable relief under § 1983.
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N.D. Fla.·
2021-09-30
Wilmario Devondric Trueblood challenged his 2014 Florida convictions for burglary and grand theft in a federal habeas corpus petition under 28 U.S.C. § 2254, raising claims regarding competency to stand trial, judicial impartiality, and denial of a second expert mental evaluation
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Fla. 2d DCA·
2021-09-29
The dismissal of Alvarez's habeas corpus petition was affirmed.
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Fla. 3d DCA·
2021-09-29
John Aaron Jackson petitions for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise a double jeopardy argument regarding his convictions for home-invasion robbery while carrying a firearm and aggravated assault with a firearm. The court de
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M.D. Fla.·
2021-09-29
Federal habeas relief is available only for constitutional violations, not state law errors, and claims not properly presented to state courts are procedurally barred unless cause and prejudice or manifest injustice is shown.
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Fla. 1st DCA·
2021-09-29
The First District Court of Appeal dismissed Wims' habeas corpus petition as frivolous, holding that habeas corpus is not a vehicle for relitigating issues that should have been raised on direct appeal or in rule 3.850 proceedings, and imposed sanctions for his pattern of repetit
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Fla. 3d DCA·
2021-09-29
A habeas corpus petition concerning a defendant's incarceration must be filed in the circuit court of the county where the defendant is incarcerated.
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The State's transfer of juvenile allegations to criminal court does not constitute a change in circumstances sufficient to satisfy the good cause requirement for modifying bond, where the transfer was statutorily required and the potential sentencing exposure should have been kno
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A trial court may dismiss a habeas petition when the petitioner seeks relief that is untimely under postconviction rules, raises claims that could have been raised at trial or on direct appeal, or constitutes an impermissible successive motion.
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The district court affirmed the magistrate judge's report, denying the petitioner's federal habeas petition and finding no substantial showing of the denial of a constitutional right for appeal.
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N.D. Fla.·
2021-09-28
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, and the petitioner failed to establish a valid actual innocence gateway claim.
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M.D. Fla.·
2021-09-27
A federal district court denied Joel Diaz's habeas corpus petition challenging his murder conviction, finding that his penalty-phase claims were moot after his resentencing to life imprisonment in 2017, while his guilt-phase claims of ineffective assistance of counsel and juror m
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N.D. Fla.·
2021-09-27
The court held that the petitioner failed to exhaust administrative remedies and his claim for sentence credit for time spent on bond under supervision is without merit.
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S.D. Fla.·
2021-09-24
The court ordered the pro se petitioner to cure deficiencies in his habeas corpus petition, including paying the filing fee or filing a motion to proceed in forma pauperis, and to file an amended petition that complies with pleading rules and page limits.
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S.D. Fla.·
2021-09-24
The court held that the petitioner failed to demonstrate manifest injustice or clear error to warrant reconsideration of the dismissal of his habeas petition and denied the issuance of a certificate of appealability.
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N.D. Fla.·
2021-09-24
The court recommended transferring the habeas corpus petition to the Middle District of Florida, Orlando Division, as the district of conviction is the most convenient venue.
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Fla. 5th DCA·
2021-09-24
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.·
2021-09-24
The federal district court properly denied the petition for a writ of habeas corpus. The court found that the petitioner's claims were either unexhausted, procedurally barred, or failed to demonstrate a violation of clearly established federal law or an unreasonable determination
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M.D. Fla.·
2021-09-24
The court recommended transferring the habeas corpus petition to the Middle District of Florida, Orlando Division, as the district of conviction is the most convenient and appropriate venue.
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M.D. Fla.·
2021-09-23
A Florida state prisoner, Gregory Washington, petitioned for habeas corpus relief under 28 U.S.C. § 2254, challenging his drug trafficking and conspiracy convictions on the grounds that his trial counsel provided ineffective assistance in various respects, including failing to se
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M.D. Fla.·
2021-09-23
Bernard Hughlon, a Florida state prisoner, sought federal habeas relief challenging his 2010 conviction for escape by arguing ineffective assistance of counsel, improper jury procedures, denial of a lesser-included offense instruction, and improper prosecutorial comments. The cou
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M.D. Fla.·
2021-09-23
Lwane Mansell, a Florida prisoner convicted of luring/enticing a child and lewd/lascivious conduct against an 11-year-old, filed a federal habeas corpus petition challenging his conviction, raising claims of prosecutorial misconduct, insufficient evidence, and ineffective assista
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The habeas corpus petition was dismissed because it was facially insufficient on its face.
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M.D. Fla.·
2021-09-21
A state prisoner's AEDPA limitations period does not restart when a sentence is amended nunc pro tunc to correct an omission, as this does not constitute a new judgment.
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The petition for writ of habeas corpus is dismissed as untimely because the petitioner's final state post-conviction motion was not properly filed under state law and therefore did not toll the federal limitations period.
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Fla. 5th DCA·
2021-09-17
A pro se litigant who engages in abusive, repetitive, and frivolous filings may be prohibited from future pro se filings in a particular case to conserve judicial resources.
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Fla. 1st DCA·
2021-09-15
A petition for writ of habeas corpus that does not satisfy the requirements for original jurisdiction habeas relief must be dismissed as unauthorized.
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The trial court's order striking the defendant's second motion for postconviction relief was proper, and the unauthorized habeas corpus petition was correctly dismissed.
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M.D. Fla.·
2021-09-13
Demetrius Flowers, a Florida inmate convicted of armed robbery and kidnapping, filed a federal habeas corpus petition challenging his conviction on eight grounds, including jury instruction errors, sufficiency of evidence claims, and ineffective assistance of counsel arguments. T
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The court held that the petitioner failed to demonstrate a clear right to relief or a clear duty owed by the respondents, and thus, mandamus relief was not appropriate.
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M.D. Fla.·
2021-09-10
The court held that the petitioner's claims were procedurally defaulted or barred, and the state court's denial of relief was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2021-09-09
An inmate challenging his Florida burglary conviction claimed his trial counsel was ineffective in stipulating to his fingerprints, failing to request hearings on missing crime scene evidence, and not calling fingerprint experts to counter the state's evidence. The federal distri