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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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.
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N.D. Fla.·
2021-02-15
The court held that a § 2241 habeas petition is not the proper vehicle to challenge the Bureau of Prisons' decision regarding home confinement, and the Administrative Procedure Act does not apply to such claims.
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Fla. 1st DCA·
2021-02-11
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S.D. Fla.·
2021-02-10
The court held that a federal habeas petition based on a newly recognized constitutional right is timely under 28 U.S.C. § 2244(d)(1)(C) if filed within one year of the date the right was initially recognized by the Supreme Court, not the date it was made retroactive.
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S.D. Fla.·
2021-02-10
The court adopted the magistrate judge's report and denied the petition for a writ of habeas corpus, finding no clear error.
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Fla. 1st DCA·
2021-02-10
Habeas corpus relief is unavailable when the petitioner fails to demonstrate probable cause that detention is without lawful authority, but the petitioner may seek administrative relief when the sentencing court intended concurrent sentences.
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M.D. Fla.·
2021-02-09
The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his conviction became final and state post-conviction actions did not toll the limitations period.
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M.D. Fla.·
2021-02-04
Michael Kennedy, convicted in Duval County of two counts of aggravated assault with firearm discharge and one count of shooting or throwing a deadly missile, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel.
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M.D. Fla.·
2021-02-03
The court held that the federal habeas petition was untimely filed and dismissed it, denying a certificate of appealability.
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S.D. Fla.·
2021-02-02
The court granted the petitioner's motion to proceed in forma pauperis, waiving the prepayment of filing fees and costs.
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S.D. Fla.·
2021-02-02
The court held that it lacks the authority to grant a prisoner's request for home confinement, as this authority rests exclusively with the Bureau of Prisons (BOP).
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The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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The court held that the pro se petitioner's habeas corpus petition was time-barred under 28 U.S.C. § 2244(d)(1)(A) because it was filed nearly fourteen years after the judgment became final. Neither statutory tolling nor equitable exceptions applied.
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S.D. Fla.·
2021-01-31
The court denied Petitioner's Petition for Writ of Habeas Corpus, finding that his claims were either procedurally defaulted, failed to meet the high bar of § 2254(d) deference, or lacked merit under established federal law.
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S.D. Fla.·
2021-01-31
The court held that claims not properly presented to state courts are procedurally defaulted and that there is no federal constitutional right to have a guilty plea accepted by a court.
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The court affirmed the Magistrate Judge's Report and Recommendation, denying the petitioner's habeas corpus petition because the state court's decision was neither contrary to nor an unreasonable application of clearly established federal law, nor based on an unreasonable determi
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M.D. Fla.·
2021-01-28
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred or meritless.
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The court adopted the magistrate judge's report and denied the petition for a writ of habeas corpus, finding most claims unexhausted and the remaining claims without merit.
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M.D. Fla.·
2021-01-27
The petition for a writ of habeas corpus is dismissed with prejudice as untimely filed.
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M.D. Fla.·
2021-01-27
The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claim was contrary to or an unreasonable application of federal law, or based on an unreasonable factual determination.
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M.D. Fla.·
2021-01-27
The court held that the petitioner has alleged sufficient facts to preliminarily establish that his claim of ineffective assistance of counsel is substantial, requiring an evidentiary hearing.
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M.D. Fla.·
2021-01-26
The court held that it lacked subject matter jurisdiction to entertain a petition for a writ of habeas corpus under 28 U.S.C. § 2241 when the grounds raised were not among the narrow exceptions for challenging a sentence's validity.
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Fla. 5th DCA·
2021-01-26
A defendant charged with a non-capital offense is entitled to pretrial release on reasonable conditions unless the State files a motion for pretrial detention and establishes that no condition of release can reasonably protect the community and assure the defendant's presence in
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S.D. Fla.·
2021-01-26
Johnson Cuffy's federal habeas corpus petition challenging his 2012 Florida conviction for racketeering, conspiracy, and grand theft was dismissed as time-barred under the one-year statute of limitations set forth in 28 U.S.C. § 2244(d)(1). The court determined that although Cuff
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Fla. 3d DCA·
2021-01-20
Collateral attacks on a judgment or sentence must be brought pursuant to Rule 3.800 or 3.850, not by petition for writ of habeas corpus.
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M.D. Fla.·
2021-01-19
Raydel Alvarez was convicted of first-degree murder and other crimes related to a 2007 home invasion robbery, and he sought federal habeas relief arguing that his trial counsel was ineffective and the prosecutor made improper comments. The federal district court denied all nine g
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M.D. Fla.·
2021-01-19
The court held that attorney negligence, even if egregious, does not by itself qualify as an extraordinary circumstance for equitable tolling of the AEDPA limitations period.
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S.D. Fla.·
2021-01-13
The court held that the magistrate judge's report and recommendation to deny the petition for a writ of habeas corpus was correct, and the petition should be denied.
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N.D. Fla.·
2021-01-12
The court held that the First Step Act's amendments regarding good-time credit do not apply retroactively to sentences satisfied before the amendments' effective date.
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Fla. 1st DCA·
2021-01-11
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M.D. Fla.·
2021-01-11
The court held that the applicant's claim of ineffective assistance of counsel for failing to suppress pre-Miranda statements was procedurally barred due to failure to exhaust state remedies and present the specific factual basis to the state court. Even on the merits, the claim
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A trial court need not hold an evidentiary hearing on a subsequent motion for pretrial release when the same grounds were previously considered and no change in conditions or new evidence has emerged. Although a trial court retains discretion to grant pretrial release even when p
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The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 is not available to challenge the validity of a sentence when 28 U.S.C. § 2255 provides an adequate and effective remedy.
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M.D. Fla.·
2021-01-06
A federal prisoner cannot use a § 2241 habeas petition to challenge a sentence if a § 2255 motion was available and adequate, even if the prior motion was unsuccessful.
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M.D. Fla.·
2021-01-06
The court held that a federal prisoner cannot use a § 2241 petition to challenge a conviction if a § 2255 motion is available, even if the claims would be foreclosed by precedent.
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N.D. Fla.·
2021-01-05
The court held that a habeas corpus petition filed pursuant to 28 U.S.C. § 2241 is moot when the petitioner has been removed from the United States and is no longer in custody.
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The court affirmed the Magistrate Judge's Report and Recommendation, adopting its findings and denying the Petitioner's objections and habeas corpus petition.
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The court held that the petitioner's claims were either without merit or procedurally barred, and thus denied his petition for a writ of habeas corpus.
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S.D. Fla.·
2020-12-31
The court held that the pro se petitioner's habeas corpus petition and motion to proceed in forma pauperis were properly denied and dismissed due to the petition being an incomprehensible shotgun pleading that failed to state a claim and the court lacking jurisdiction over certai
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S.D. Fla.·
2020-12-31
The court held that a federal court cannot entertain a Fourth Amendment claim in a habeas petition if the petitioner had a full and fair opportunity to litigate the claim in state court, and that the petitioner's claim was procedurally barred under Stone v. Powell.
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M.D. Fla.·
2020-12-30
Dennis Delmoral petitioned for a federal habeas writ challenging his state convictions for aggravated battery and aggravated assault with a deadly weapon after he attacked Vernon Carter with a knife during an altercation in Florida. The district court denied all twelve grounds of
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M.D. Fla.·
2020-12-28
The court denied the habeas petition, finding that the petitioner's claims were either procedurally defaulted or failed to demonstrate a violation of federal law or the Constitution.
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A defendant charged with a life felony is entitled to a full hearing at which to present evidence regarding bond, even when the state has demonstrated evident proof of guilt and great presumption of guilt at first appearance.
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S.D. Fla.·
2020-12-28
A district court may sua sponte dismiss a habeas petition as untimely without requiring a response from the state, provided the petitioner receives notice and an opportunity to be heard.
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S.D. Fla.·
2020-12-23
The court adopted the magistrate judge's report, denying the petition for a writ of habeas corpus and refusing to issue a certificate of appealability.
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The court denied rehearing en banc, affirming that the Adam Walsh Act precludes judicial review of the Secretary's discretionary decisions regarding visa petitions for certain individuals with prior convictions.
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A petition for a belated appeal does not toll the one-year limitations period under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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S.D. Fla.·
2020-12-21
The court held that a federal habeas petition challenging a state court conviction previously attacked in a prior federal habeas petition is a "second or successive" petition, requiring preauthorization from the Eleventh Circuit, and absent such authorization, the district court
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M.D. Fla.·
2020-12-18
The court held that the Petitioner is not entitled to habeas relief because the state court's decisions were not contrary to, nor did they involve an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-12-14
The court held that a petitioner must be in custody under the challenged state court judgment at the time the petition is filed to establish federal habeas corpus jurisdiction.