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.·
2021-07-13
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed under the AEDPA's one-year limitations period.
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M.D. Fla.·
2021-07-13
The federal court denied the habeas petition, finding the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, federal law and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2021-07-12
A prisoner with three or more prior dismissals for frivolousness, maliciousness, or failure to state a claim cannot proceed in forma pauperis unless under imminent danger of serious physical injury.
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M.D. Fla.·
2021-07-09
The federal habeas petition is timely due to equitable tolling, but claims are either procedurally barred or fail on the merits.
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The court adopted the magistrate judge's report and recommendation, denying the habeas petition and refusing to issue a certificate of appealability.
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M.D. Fla.·
2021-07-01
The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2021-06-30
The court held that the petitioner's federal habeas corpus claims were unexhausted and procedurally barred under AEDPA, and thus denied the petition.
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S.D. Fla.·
2021-06-29
The court denied the petitioner's declaration in support of his request to proceed in forma pauperis without prejudice.
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S.D. Fla.·
2021-06-28
The court held that a defendant's trial counsel did not render ineffective assistance by failing to object to a 'business of money laundering' sentencing enhancement when the defendant stipulated to facts supporting the enhancement, and the defendant failed to show prejudice.
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S.D. Fla.·
2021-06-28
The court held that the petition for writ of habeas corpus is dismissed as premature and under the doctrine of Younger abstention, as state civil commitment proceedings are ongoing and implicate important state interests.
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S.D. Fla.·
2021-06-25
The court adopted the Magistrate Judge's Report and Recommendation, denying the petition for writ of habeas corpus and refusing to issue a certificate of appealability.
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M.D. Fla.·
2021-06-25
The court held that the petitioner's claims of ineffective assistance of counsel and lack of jurisdiction were procedurally barred or failed on the merits, and thus federal habeas relief was denied.
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M.D. Fla.·
2021-06-23
The court held that the petitioner's claims were procedurally barred, meritless, or not cognizable under federal habeas corpus law, and therefore denied the petition.
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S.D. Fla.·
2021-06-23
The court denied the petition for writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel regarding speedy trial rights to be meritless.
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The court held that a federal habeas corpus petition should be dismissed without prejudice to allow the petitioner to exhaust state remedies, as the AEDPA limitations period will not begin until his resentencing becomes final.
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M.D. Fla.·
2021-06-23
The court held that the petitioner failed to exhaust his state remedies for all grounds raised in his habeas petition, and therefore, relief is denied.
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M.D. Fla.·
2021-06-23
The court held that the petitioner's claims of ineffective assistance of counsel were procedurally defaulted or, alternatively, that the state court's denial of these claims was not contrary to or an unreasonable application of federal law.
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Fla. 1st DCA·
2021-06-22
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Fla. 1st DCA·
2021-06-18
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Del.·
2021-06-17
The Delaware Supreme Court reversed and vacated the defendant's conviction for Murder Second Degree, holding that the defendant presented sufficient new evidence to establish a strong inference of actual innocence, thereby overcoming procedural bars to his successive postconvicti
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The court affirmed the denial of postconviction relief, dismissed the ineffective assistance of appellate counsel claim as untimely under the four-year limitation period, and declined habeas relief because Burney could not obtain relief based on a supreme court precedent that was
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Fla. 5th DCA·
2021-06-11
A petitioner who engages in abusive, repetitive, and frivolous pro se filings may be prohibited from filing further pro se petitions concerning the same case.
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M.D. Fla.·
2021-06-10
The petition for a writ of habeas corpus is denied because the claims are procedurally barred or waived by a guilty plea.
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S.D. Fla.·
2021-06-10
The court held that Petitioner is not entitled to a certificate of appealability to appeal the denial of his motion for reconsideration.
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M.D. Fla.·
2021-06-09
The court held that the petitioner's habeas petition was untimely and he was not entitled to equitable tolling due to mental impairment, as his past litigation conduct demonstrated capacity and a lack of diligence.
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M.D. Fla.·
2021-06-08
The court held that the petitioner's claims lacked merit or were unexhausted, and thus denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2021-06-08
The court held that the petitioner's claims of ineffective assistance of counsel and insufficient evidence were meritless and did not warrant federal habeas corpus relief.
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M.D. Fla.·
2021-06-07
Hassan Shaabazz, an inmate convicted of burglary of an occupied dwelling in 2013 and sentenced to twenty-three years imprisonment, filed a federal habeas corpus petition raising claims of ineffective assistance of trial and appellate counsel. The court denied the petition, findin
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M.D. Fla.·
2021-06-07
The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2021-06-07
A federal district court lacks jurisdiction to consider a second or successive habeas corpus petition unless the petitioner has obtained prior authorization from the appropriate court of appeals.
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The court granted Petitioner's motion for an extension of time to reply to the Order to Show Cause but denied his request for appointed counsel, referring the case to the Volunteer Attorney Program.
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M.D. Fla.·
2021-06-04
The court held that the petitioner failed to demonstrate ineffective assistance of counsel, either at trial or on appeal, and therefore denied the petition for a writ of habeas corpus.
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S.D. Fla.·
2021-06-04
The court held that the statutory provisions for release pending appeal do not apply to the appeal of a habeas corpus proceeding.
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M.D. Fla.·
2021-06-02
The court held that the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied clearly established federal law, and therefore denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2021-06-01
The court held that the petitioner's claim regarding the amended information was procedurally barred by the concurrent sentence doctrine and, alternatively, that his counsel was not ineffective for failing to object to it.
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M.D. Fla.·
2021-05-28
The court held that the petitioner's habeas corpus claims were unexhausted and procedurally defaulted, barring federal review.
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M.D. Fla.·
2021-05-28
A federal prisoner challenging the validity of his conviction must proceed under 28 U.S.C. § 2255, and cannot use the § 2241 saving clause unless § 2255 is demonstrably inadequate or ineffective.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2021-05-26
Melvin Day, a Florida inmate convicted in 1999 of armed robbery and resentenced in 2013, sought federal habeas corpus relief challenging his conviction and thirty-year sentence on five grounds, including claims of inadequate resentencing procedure, ineffective counsel, and suppre
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S.D. Fla.·
2021-05-26
The court held that a pro se prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless they face imminent danger of serious physical injury.
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M.D. Fla.·
2021-05-26
Lester Woodard, an inmate convicted in 2003 of burglary and dealing in stolen property, filed a federal habeas corpus petition challenging his conviction on five grounds, all claiming ineffective assistance of counsel. The district court denied the petition, finding that Woodard
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M.D. Fla.·
2021-05-25
The court denied the petition for writ of habeas corpus, finding no substantial showing of the denial of a constitutional right and thus no certificate of appealability.
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M.D. Fla.·
2021-05-25
The federal habeas petition is dismissed with prejudice as untimely filed, as the petitioner failed to demonstrate entitlement to equitable tolling or a miscarriage of justice.
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M.D. Fla.·
2021-05-25
The court held that the petitioner's claims were unexhausted and potentially procedurally defaulted, requiring further analysis under exceptions like Martinez v. Ryan or fundamental miscarriage of justice.
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M.D. Fla.·
2021-05-25
Jon Paul, an inmate convicted of two counts of armed robbery in 2010, filed a federal habeas corpus petition challenging his convictions and forty-nine-year concurrent sentences by raising seven grounds of ineffective assistance of counsel. The district court denied the petition,
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M.D. Fla.·
2021-05-24
Darrell Thornton, an inmate serving a sentence for attempted second-degree murder, battery, robbery with a deadly weapon, carjacking, and second-degree arson, filed a federal habeas corpus petition raising eight grounds for relief based on claims of ineffective assistance of tria
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M.D. Fla.·
2021-05-21
The court held that the Magistrate Judge's recommendation to transfer the petition to the Middle District of Florida was proper and adopted the report.
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M.D. Fla.·
2021-05-20
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to federal law and was not based on an unreasonable determination of facts.
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M.D. Fla.·
2021-05-20
The federal habeas petition is dismissed as untimely because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling or demonstrate actual innocence.