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.·
2021-03-26
The court held that the petition for habeas corpus should be transferred to the Middle District of Florida, as it is in the interest of justice.
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Fla. 5th DCA·
2021-03-26
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be barred from future pro se filings to conserve judicial resources.
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M.D. Fla.·
2021-03-25
The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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M.D. Fla.·
2021-03-25
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his judgment became final, and the tolling periods from state post-conviction motions were insufficient to make it timely.
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M.D. Fla.·
2021-03-24
The court held that newly discovered evidence of actual innocence, without an independent constitutional violation, does not state a ground for federal habeas relief, and the petitioner failed to establish a Giglio claim.
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M.D. Fla.·
2021-03-23
The court held that the petitioner failed to exhaust administrative remedies before filing his habeas corpus petition.
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S.D. Fla.·
2021-03-23
The court denied the petitioner's motion for appointment of counsel, finding no exceptional circumstances, but referred the case to the Volunteer Attorney Program.
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M.D. Fla.·
2021-03-22
The court held that the petitioner's claim of insufficient evidence to support his conviction for aggravated battery, based on a self-defense argument, was meritless and denied his petition for habeas corpus relief.
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M.D. Fla.·
2021-03-22
The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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The court adopted the magistrate judge's report and recommendation, denying the § 2254 petition on the merits without an evidentiary hearing and denying a certificate of appealability.
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Fla. 5th DCA·
2021-03-19
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgments and sentences may be barred from future pro se filings to conserve judicial resources.
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Fla. 1st DCA·
2021-03-19
The appellate court denied a petition for relief from convictions and sentences, finding that appellate counsel was not ineffective for failing to argue that the trial court should have excused two jurors. The petitioner failed to show fundamental error or bias on the part of the
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Fla. 3d DCA·
2021-03-17
A habeas corpus petition is denied where the petitioner has previously raised the same claims in multiple prior appeals and no fundamental error exists in the jury instruction for the offense of conviction.
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Fla. 3d DCA·
2021-03-17
A circuit court lacks jurisdiction to review the legality of a conviction imposed in another circuit, and a habeas corpus petition challenging conviction legality must be filed in the circuit where the conviction occurred.
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A post-plea deposition in which a defendant testifies as a cooperating witness against a co-defendant does not constitute a critical stage of the defendant's own criminal proceedings where the denial of counsel would presumptively contaminate the entire proceeding, particularly w
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The trial court properly denied Scott's amended second or successive motion for post-conviction relief.
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M.D. Fla.·
2021-03-17
The court held that the petitioner's claim of ineffective assistance of counsel for failing to investigate an insanity defense was unexhausted and procedurally defaulted because the state court denied the claim as legally insufficient for failing to allege actual insanity at the
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M.D. Fla.·
2021-03-15
The federal habeas petition is dismissed as untimely because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and neither state post-conviction motions nor equitable tolling could revive the expired period.
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M.D. Fla.·
2021-03-12
A federal district court cannot consider a second or successive habeas corpus petition without prior authorization from the Eleventh Circuit Court of Appeals.
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Fla. 2d DCA·
2021-03-10
The Florida District Court of Appeal, Second District, imposed restrictions on Jimmy Lee Wheeler's pro se filings after he initiated over twenty meritless proceedings related to two criminal cases. The court directed the clerk to reject future filings unless signed by a licensed
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M.D. Fla.·
2021-03-10
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, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2021-03-08
The court held that the petitioner's claim of ineffective assistance of counsel was meritless and that the state court did not unreasonably deny it.
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M.D. Fla.·
2021-03-08
The court held that a claim based solely on state law regarding the withdrawal of a plea is not cognizable in federal habeas corpus proceedings. Furthermore, the court found that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to cle
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S.D. Fla.·
2021-03-08
The court held that the habeas corpus petition was untimely and procedurally barred, and that the petitioner failed to establish ineffective assistance of counsel under the Strickland standard.
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S.D. Fla.·
2021-03-05
The court held that the petitioner's objections to the magistrate judge's report were overruled, and the petition for a writ of habeas corpus was denied.
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M.D. Fla.·
2021-03-05
The court held that the applicant's federal claims were unexhausted and procedurally defaulted because they were not fairly presented as federal issues in state court, and no exceptions applied to overcome the default.
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M.D. Fla.·
2021-03-05
The court held that the petitioner failed to establish extraordinary circumstances to justify reconsideration of the prior order denying a motion to expand the record.
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M.D. Fla.·
2021-03-03
The federal court denied a habeas corpus petition because the petitioner's claims were unexhausted and procedurally defaulted, and even if considered, failed to demonstrate prejudice under Strickland v. Washington.
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M.D. Fla.·
2021-03-02
A federal habeas corpus petition filed more than nine years after the conviction became final is untimely and must be dismissed, as statutory and equitable tolling do not apply.
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M.D. Fla.·
2021-03-01
The court held that the state court's denial of the motion to suppress was not an unreasonable application of federal law, and other claims were unexhausted or procedurally barred.
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Fla. 1st DCA·
2021-02-26
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Fla. 1st DCA·
2021-02-26
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The court held that the state court's denial of the petitioner's mandamus petition was not an unreasonable application of federal law or an unreasonable interpretation of the facts, and therefore denied the petition for writ of habeas corpus.
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The court held that a motion challenging the computation of a federal sentence, specifically seeking credit for time served in state custody, should be construed as a petition under 28 U.S.C. § 2241, not § 2255.
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S.D. Fla.·
2021-02-24
The court granted Petitioner's motion to proceed in forma pauperis on appeal.
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Fla. 2d DCA·
2021-02-24
Willie McGee's appeal was dismissed for failure to comply with a court order, and the court imposed a sanction requiring that future filings related to his criminal case be signed by a licensed Florida attorney. This case addresses frivolous litigation and the court's authority t
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M.D. Fla.·
2021-02-24
Michael Boyington, convicted in Florida state court of attempted murder and aggravated assault, filed a federal habeas petition challenging his conviction on six grounds, including claims of ineffective assistance of counsel, prosecutorial misconduct, and jury instruction error.
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Fla. 1st DCA·
2021-02-22
The appellate court affirmed the trial court's dismissal of a habeas corpus petition. The petition challenged a conviction but was filed in the wrong county and sought relief that should have been pursued through a postconviction motion in the sentencing court.
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M.D. Fla.·
2021-02-22
The court denied the petition for a writ of habeas corpus, finding that the state court's adjudication of the claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2021-02-22
The court held that it lacked jurisdiction over the petitioner's custodian and therefore must transfer the petition to the proper district.
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S.D. Fla.·
2021-02-22
The court held that the petitioner failed to establish a substantial likelihood of success on the merits for injunctive relief regarding his detention under either § 1226(a) or § 1231(a).
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Fla. 5th DCA·
2021-02-19
A petitioner whose habeas corpus petition has been denied may be sanctioned for filing further abusive, repetitive, malicious, or frivolous filings asserting claims stemming from the same underlying case.
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Fla. 5th DCA·
2021-02-19
A pro se litigant who engages in abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from future pro se filings to conserve judicial resources.
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S.D. Fla.·
2021-02-18
The court held that a federal habeas corpus petition filed by a pre-trial detainee challenging ongoing state criminal proceedings must be dismissed under the Younger abstention doctrine.
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11th Cir.·
2021-02-18
Federal courts lack jurisdiction under 8 U.S.C. § 1252(g) to hear claims arising from the government's decision to execute removal orders, even if the alien claims a "regulatory right" to remain pending a waiver application.
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Fla. 1st DCA·
2021-02-17
The appellate court dismissed Akil Zachary Flagg's petition for a writ of habeas corpus, finding it to be a frivolous attempt to relitigate issues already decided in prior appeals. The court warned Flagg against future frivolous filings.
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Fla. 3d DCA·
2021-02-17
A circuit court has jurisdiction to consider a habeas corpus petition only when claims concern incarceration conditions, not when they attack the validity of a judgment or sentence, which must be addressed in the trial court through Rules 3.800 or 3.850.
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S.D. Fla.·
2021-02-16
The court adopted the Magistrate Judge's report, denying the habeas petition because the claims lacked merit and were not cognizable.