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.·
2020-11-04
The federal court denied the petition for a writ of habeas corpus because the petitioner's claims were either not cognizable or procedurally barred, and even if considered on the merits, they failed.
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The court denied the inmate's motion for a temporary restraining order or preliminary injunction and dismissed the case without prejudice because the inmate failed to meet the requirements for injunctive relief.
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The court held that a state prisoner's federal habeas corpus petition was untimely filed because the one-year limitations period under AEDPA had expired before the petitioner filed his state post-conviction motion.
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M.D. Fla.·
2020-11-02
A defective Notice to Appear (NTA) that fails to specify the time and place of removal proceedings does not divest the immigration court of subject matter jurisdiction, and therefore a federal district court lacks jurisdiction to review the resulting removal order under the REAL
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S.D. Fla.·
2020-10-30
The court held that the petitioner's habeas corpus petition was time-barred because it was filed more than one year after the judgment became final, and no equitable exceptions applied.
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M.D. Fla.·
2020-10-30
The federal habeas petition is denied because the petitioner failed to exhaust his claims in state court, leading to procedural default.
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M.D. Fla.·
2020-10-30
The court held that the petitioner's federal habeas petition was time-barred because he failed to demonstrate extraordinary circumstances or adequate diligence to warrant equitable tolling of the AEDPA's one-year limitations period.
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The court held that it lacked jurisdiction to hear the habeas petition because the petitioner's custodian was located in a different federal judicial district.
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N.D. Fla.·
2020-10-29
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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S.D. Fla.·
2020-10-29
The court held that a state prisoner's claims regarding jail credit are not cognizable under 28 U.S.C. § 2254 and lacked sufficient factual support.
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M.D. Fla.·
2020-10-28
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 conviction became final and no tolling events applied.
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M.D. Fla.·
2020-10-27
The court held that the petition for writ of habeas corpus was moot because the petitioner had been deported and did not challenge the final order of removal.
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M.D. Fla.·
2020-10-26
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not available to challenge the validity of a sentence except on very narrow grounds, none of which were present in this case.
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M.D. Fla.·
2020-10-23
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts, particularly because the petitioner's guilty plea waived most claims and he could not
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M.D. Fla.·
2020-10-22
The court held that the petitioner's claims were not cognizable on federal habeas review or were procedurally defaulted under state law.
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M.D. Fla.·
2020-10-22
The court accepted and adopted the magistrate judge's report recommending transfer of the habeas corpus petition.
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S.D. Fla.·
2020-10-22
The court accepted and adopted the magistrate judge's report recommending the transfer of the habeas corpus petition.
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M.D. Fla.·
2020-10-21
The court held that the petitioner's claims were unexhausted and, even if considered on the merits, lacked merit under the applicable standards of review.
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M.D. Fla.·
2020-10-20
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not the proper vehicle to challenge prison conditions, and such claims must be brought as a civil rights action under 28 U.S.C. § 1983.
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S.D. Fla.·
2020-10-20
The court dismissed the habeas petition without prejudice because the petitioner failed to file an amended petition by the court-ordered deadline, and the petition was likely time-barred.
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M.D. Fla.·
2020-10-20
The court held that a judgment is not final for AEDPA statute of limitations purposes while resentencing is pending, thus the habeas petition must be dismissed.
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M.D. Fla.·
2020-10-20
The court held that a state prisoner's claims challenging the conditions of confinement, even if related to Covid-19, must be brought under 28 U.S.C. § 1983, not 28 U.S.C. § 2241 habeas corpus.
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M.D. Fla.·
2020-10-19
The court held that the petitioner's claim regarding his sentence was unexhausted and, alternatively, without merit because he admitted the factual basis for the sentence during his guilty plea, which satisfied the requirements of Blakely and Apprendi.
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M.D. Fla.·
2020-10-19
The court held that the petition for writ of habeas corpus must be dismissed because the petitioner failed to exhaust state remedies and the Younger abstention doctrine applies.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and therefore dismissed the petition with prejudice.
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S.D. Fla.·
2020-10-19
The court adopted the magistrate judge's report and recommendation, dismissing the petition for writ of habeas corpus as moot.
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M.D. Fla.·
2020-10-16
The petition for a writ of habeas corpus is denied because the petitioner's claims are either procedurally defaulted, lack merit, or are refuted by the record.
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M.D. Fla.·
2020-10-14
The court held that the petitioner's federal habeas corpus application was untimely because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA), and the corrected sentencing documents did not reset the limi
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M.D. Fla.·
2020-10-14
Ian Chad Webster, a Florida state prisoner, petitioned for federal habeas corpus relief challenging his guilty pleas to conspiracy to traffic cocaine, possession of cocaine while armed, and tampering with evidence. The court rejected all seven of Webster's claims, finding that hi
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M.D. Fla.·
2020-10-14
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations.
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M.D. Fla.·
2020-10-14
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-10-14
The court held that the petitioner's habeas corpus petition was untimely filed and that he failed to establish actual innocence to overcome the statute of limitations.
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M.D. Fla.·
2020-10-13
The federal court dismissed the petition for writ of habeas corpus because the petitioner failed to exhaust state remedies by not presenting her federal constitutional claim to the state courts, and the claim was procedurally barred.
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A Florida inmate convicted of sexual battery and lewd molestation of a child sought federal habeas relief under 28 U.S.C. § 2254, raising twelve grounds including claims of ineffective assistance of trial counsel, violation of his right to conflict-free counsel, and prosecutorial
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M.D. Fla.·
2020-10-09
The court denied the petition for habeas corpus, finding that the state court's rejection 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 the facts.
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S.D. Fla.·
2020-10-08
A pro se inmate's petition challenging prison conditions, even if styled as a habeas corpus petition, should be construed as a complaint under 42 U.S.C. § 1983 and dismissed for failure to exhaust administrative remedies.
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M.D. Fla.·
2020-10-07
The court held that the petitioner's counsel was not ineffective and that the state court's decision was entitled to AEDPA deference.
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M.D. Fla.·
2020-10-06
Florida state prisoner James L. Collins Jr. sought federal habeas corpus relief from his 2013 conviction for grand theft and subsequent sentencing as a habitual felony offender to ten years imprisonment, raising claims of judicial bias, ineffective assistance of counsel, violatio
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Fla. 1st DCA·
2020-10-05
The court dismissed a petition for writ of habeas corpus, finding it unauthorized. The petitioner argued his sentence was illegal, but the court found it was authorized by statute and not subject to the same exceptions as in prior cases.
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M.D. Fla.·
2020-10-02
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-10-01
The court held that the plaintiff inmate failed to state a plausible claim for relief under the First, Fourth, Fifth, and Eighth Amendments, and dismissed the case without prejudice.
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S.D. Fla.·
2020-10-01
The court held that it lacked jurisdiction to hear the habeas petition because the petitioner was confined in a different district, and therefore, the case must be transferred.
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M.D. Fla.·
2020-10-01
The federal court denied the petition for writ of habeas corpus, finding the state court's adjudications of the petitioner's claims were not contrary to, nor an unreasonable application of, clearly established federal law.
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S.D. Fla.·
2020-09-30
The petition for a writ of habeas corpus is dismissed as moot because the petitioner has been removed from the United States, and for lack of jurisdiction regarding the request for a stay of removal.
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M.D. Fla.·
2020-09-30
Louis Thomas sought federal habeas relief from his state conviction for robbery, challenging his trial attorney's representation under the Sixth Amendment's right to effective assistance of counsel. The district court denied relief, finding that Thomas failed to demonstrate eithe
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S.D. Fla.·
2020-09-30
The court held that the magistrate judge's report and recommendation to deny the petition for a writ of habeas corpus was correct and adopted its findings.
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M.D. Fla.·
2020-09-30
A federal district court in Florida denied Ingram's habeas corpus petition challenging his conviction for first-degree premeditated murder of Glenn Dilworth, whom Ingram fatally stabbed after an altercation over a gun confrontation. The court held that most of Ingram's ineffectiv
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M.D. Fla.·
2020-09-28
The court held that the petitioner's claims of ineffective assistance of counsel were meritless and not contrary to federal law, and therefore denied the petition for a writ of habeas corpus.
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304 So. 3d 809·
Fla. 5th DCA·
2020-09-26
The court held that a defendant found incompetent to proceed cannot be held in jail solely to await a determination of competency or involuntary commitment criteria.
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A habeas corpus petition is properly dismissed when it raises issues that could have been or were raised on direct appeal or in postconviction motions.