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
-
M.D. Fla.·
2021-05-19
The court held that the petitioner's claims were procedurally defaulted and barred from federal review because he failed to appeal the denial of his state post-conviction motion.
-
Jeffrey Thomas Daniel challenged his pretrial detention order, arguing that the trial court erroneously interpreted section 907.041(4)(c)2 of the Florida Statutes by treating law enforcement officers as "judicial officers" for purposes of pretrial detention. The Fifth District Co
-
S.D. Fla.·
2021-05-14
The court held that a state trial court's recharacterization of a motion as untimely and successive under state law is not a federal issue reviewable in a § 2254 habeas petition.
-
M.D. Fla.·
2021-05-14
The court held that the BOP correctly calculated the petitioner's sentences to run consecutively and that challenges to the validity of the sentence revocation must be brought under 28 U.S.C. § 2255, not § 2241.
-
-
Fla. 3d DCA·
2021-05-11
A trial court may not revoke a defendant's pretrial release and hold him without bond based on an oral motion without the State filing a written motion for pretrial detention as mandated by section 907.041(4)(e), Florida Statutes, and Rule 3.131(b)(1).
-
The court held that a federal prisoner cannot use a § 2241 petition to challenge his sentence when § 2255 provides an adequate and effective remedy, even if that remedy was unsuccessful.
-
996 F.3d 1215·
11th Cir.·
2021-05-07
Donald Broadnax, a death row inmate in Alabama, challenged his murder conviction and capital sentence on federal habeas review by raising claims of ineffective counsel, violation of his due process rights through application of state hearsay rules, and prosecutorial burden-shifti
-
M.D. Fla.·
2021-05-07
The Court held that a habeas petition may be dismissed without prejudice if the petitioner is released from custody and fails to demonstrate a continuing case or controversy.
-
Fla. 3d DCA·
2021-05-07
A defendant who violates a condition of pretrial release forfeits the right to continued release under the original bond but retains the constitutional right to pretrial release, and a trial court must follow section 907.041 and applicable rules when holding a defendant without b
-
A successive habeas corpus petition raising previously rejected grounds is properly denied as procedurally deficient and without merit.
-
Ford challenged his state court conviction for second degree murder and first degree arson, seeking federal habeas relief through a § 2254 petition on multiple grounds involving alleged ineffective assistance of trial and appellate counsel, primarily concerning the suppression he
-
S.D. Fla.·
2021-05-03
The court held that a petition filed under 28 U.S.C. § 2241 is not the proper vehicle for claims seeking monetary relief for alleged violations of constitutional rights and conditions of confinement.
-
S.D. Fla.·
2021-04-30
The court held that the petitioner's claims of ineffective assistance of counsel were legally insufficient due to vague and conclusory allegations, failing to meet the heightened pleading standard required in habeas corpus proceedings.
-
M.D. Fla.·
2021-04-30
The petition for a writ of habeas corpus is dismissed because challenges to conditions of confinement are not cognizable under 28 U.S.C. § 2241, and alternatively, the case is moot as the petitioner is no longer in the challenged custody.
-
M.D. Fla.·
2021-04-30
The court held that the petitioner's habeas corpus petition is moot because he has been deported and the court can no longer provide meaningful relief.
-
M.D. Fla.·
2021-04-30
A pre-trial detainee's federal habeas corpus petition under 28 U.S.C. § 2241 is properly dismissed without prejudice if the petitioner has not exhausted available state court remedies.
-
M.D. Fla.·
2021-04-30
The court held that the petitioner's amended petition for writ of habeas corpus is untimely as to one of his convictions, requiring dismissal in part.
-
Fla. 3d DCA·
2021-04-28
Habeas corpus is not available in Florida to obtain collateral postconviction relief available through rule 3.850 motions in the sentencing court.
-
M.D. Fla.·
2021-04-27
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law, and was not based on an unreasonable determination of facts.
-
S.D. Fla.·
2021-04-21
The court held that it lacks jurisdiction to consider an unauthorized successive petition for a writ of habeas corpus, and therefore dismissed the petition and denied a certificate of appealability.
-
M.D. Fla.·
2021-04-21
The federal court denied a state prisoner's petition for a writ of habeas corpus, finding his double jeopardy claim unexhausted and, alternatively, without merit because the mistrial was not provoked by the prosecution.
-
Fla. 3d DCA·
2021-04-21
Allen L. Penoyer appeals the trial court's denial of his habeas corpus petition challenging a 1975 conviction, alleging ineffective assistance of counsel, judicial misconduct, and lack of jurisdiction. The appellate court reversed, holding that the trial court lacked jurisdiction
-
Habeas corpus may not be used as a substitute for authorized postconviction relief motions under Florida Rule of Criminal Procedure 3.850.
-
Fla. 1st DCA·
2021-04-20
-
M.D. Fla.·
2021-04-19
The court held that the petitioner failed to exhaust his claims because the state court dismissed his petition on procedural grounds, and he did not demonstrate a liberty interest or a due process violation.
-
M.D. Fla.·
2021-04-16
The court held that the petition for writ of habeas corpus was filed prematurely because the six-month post-removal detention period had not yet elapsed.
-
S.D. Fla.·
2021-04-16
This Court lacks jurisdiction to grant a motion for compassionate release; only the sentencing court may consider such motions.
-
M.D. Fla.·
2021-04-16
The court held that the federal habeas petition was time-barred because it was filed more than one year after the judgment became final, and the petitioner failed to establish grounds for equitable tolling.
-
M.D. Fla.·
2021-04-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or actual innocence exceptions.
-
The court held that it lacked subject matter jurisdiction because the petitioner was not entitled to pursue relief under 28 U.S.C. § 2241 for a challenge to the validity of his sentence.
-
Appellate counsel's failure to raise a meritless issue on appeal does not constitute ineffective assistance of appellate counsel.
-
M.D. Fla.·
2021-04-13
The court held that it lacked subject matter jurisdiction because the petitioner was not entitled to pursue relief under 28 U.S.C. § 2241 for challenging the validity of his sentence.
-
S.D. Fla.·
2021-04-12
The court affirmed the Magistrate Judge's report, dismissing the petition as untimely and denying a certificate of appealability.
-
The appellate court denied a petition for a writ of habeas corpus, upholding the trial court's decision to deny bail for a defendant facing serious charges and a history of flight and new offenses while on bond. The court found the defendant failed to present sufficient evidence
-
S.D. Fla.·
2021-04-08
The court adopted the Magistrate Judge's report, finding that the Petitioner's double jeopardy claim failed because the prior charge was dismissed before jeopardy attached and that retrial after a conviction reversal for evidentiary error is permissible.
-
M.D. Fla.·
2021-04-07
The court held that the petitioner's claims of ineffective assistance of counsel and insufficient evidence for his murder conviction lacked merit and did not warrant federal habeas relief.
-
-
The court held that a certificate of appealability cannot be issued because no final order adverse to the petitioner has been entered, and the petitioner's motion is an improper interlocutory appeal.
-
N.D. Fla.·
2021-04-05
The court adopted the magistrate judge's report, granting the respondent's motion to dismiss the untimely habeas petition and denying a certificate of appealability.
-
M.D. Fla.·
2021-04-02
The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law.
-
M.D. Fla.·
2021-04-01
The court held that the plaintiff failed to state a claim against the defendants under 42 U.S.C. § 1983, dismissing claims against the judge and state attorney with prejudice and others without prejudice, allowing amendment.
-
-
M.D. Fla.·
2021-03-31
Jamelle Rashard Smith challenged his conviction for attempted first-degree murder on grounds of insufficient evidence and ineffective assistance of counsel, but the federal district court rejected all claims because the state courts' decisions were neither contrary to nor an unre
-
M.D. Fla.·
2021-03-31
Wilson sought federal habeas relief from his Florida conviction for second-degree murder, challenging the admission of his prior trial testimony, the sufficiency of evidence regarding his intent, and the effectiveness of his trial counsel. The court denied his application, findin
-
M.D. Fla.·
2021-03-31
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
-
Fla. 1st DCA·
2021-03-31
-
M.D. Fla.·
2021-03-31
The court held that the state postconviction court reasonably applied federal law in denying the habeas petitioner's claim of ineffective assistance of counsel, as the petitioner failed to demonstrate prejudice by showing he would have gone to trial but for counsel's alleged erro
-
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was objectively reasonable and not contrary to federal law.
-
S.D. Fla.·
2021-03-30
The court denied the petition for a writ of habeas corpus and refused to issue a certificate of appealability.