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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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.
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M.D. Fla.·
2020-09-25
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that the petitioner failed to demonstrate actual innocence to overcome the time bar.
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Fla. 1st DCA·
2020-09-25
The petition for writ of habeas corpus is denied on the merits.
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M.D. Fla.·
2020-09-25
Byron McClendon, an inmate challenging a 2007 Florida conviction for drug trafficking and firearms-related offenses, filed a federal habeas corpus petition raising five ineffective assistance of counsel claims. The district court denied all claims after reviewing the state court
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S.D. Fla.·
2020-09-24
The court held that the plaintiff's petition for a writ of habeas corpus was untimely and not entitled to equitable tolling or actual innocence exceptions, and therefore dismissed the petition.
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M.D. Fla.·
2020-09-24
A guilty plea waives non-jurisdictional claims, including ineffective assistance of counsel, unless the claim directly implicates the knowing and voluntary nature of the plea itself. Counsel's strategic decision not to file a pre-trial motion, based on a reasonable assessment of
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S.D. Fla.·
2020-09-22
The court held that the petitioner's habeas corpus petition was moot because she had been removed from the United States, and thus the court lacked jurisdiction.
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M.D. Fla.·
2020-09-21
Arthur Jones, a Florida prisoner, sought federal habeas relief under 28 U.S.C. § 2254, challenging his convictions for offenses including armed burglary, aggravated assault with a firearm, and drug possession. The District Court for the Middle District of Florida denied Jones's p
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S.D. Fla.·
2020-09-21
The court held that the Petitioner's claim was not cognizable under AEDPA because the state court's decision was not contrary to, or an unreasonable application of, clearly established federal law.
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Copeland, an inmate convicted of attempted first degree murder, aggravated battery with a firearm, and shooting into a building, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his Florida conviction. The district court denied all four grounds of his pet
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S.D. Fla.·
2020-09-16
The court granted Petitioner's motion to proceed in forma pauperis on appeal.
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Fla. 3d DCA·
2020-09-16
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N.D. Fla.·
2020-09-15
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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The court held that the Parole Commission's denial of parole was not an abuse of discretion and did not violate federal law, thus denying the petition for a writ of habeas corpus.
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S.D. Fla.·
2020-09-14
The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Petition for Writ of Habeas Corpus and denying a Certificate of Appealability.
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M.D. Fla.·
2020-09-14
The court held that the petitioner's federal habeas corpus petition was time-barred under the AEDPA's one-year statute of limitations.
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M.D. Fla.·
2020-09-10
The court held that the petitioner's claims regarding erroneous jury instructions and ineffective assistance of counsel were procedurally barred or without merit under federal habeas review standards.
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M.D. Fla.·
2020-09-08
The court held that the petitioner's claims were unexhausted and procedurally barred because he failed to raise federal constitutional issues in state court, and thus his petition for habeas corpus relief was denied.
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M.D. Fla.·
2020-09-04
The district court dismissed the petition for writ of habeas corpus for lack of jurisdiction because the petitioner was not 'in custody' for one conviction and the other was a successive petition requiring prior authorization from the Court of Appeals.
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M.D. Fla.·
2020-09-04
The court recommended transferring the habeas petition to the correct district court because the petitioner's place of confinement is outside this court's jurisdiction.
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M.D. Fla.·
2020-09-04
The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2020-09-04
The court held that the petitioner's release from detention rendered his habeas corpus petition moot, as he had obtained the relief sought and no remaining collateral consequences or reasonable expectation of re-detention justified further review.
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M.D. Fla.·
2020-09-04
The court held that most of the petitioner's claims of ineffective assistance of counsel were procedurally barred by her nolo contendere plea, and the remaining claims did not meet the high standard for federal habeas relief under AEDPA.
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S.D. Fla.·
2020-09-04
The court recommended transferring the habeas petition to the Middle District of Florida because the Southern District of Florida lacked jurisdiction as it was not the district of the petitioner's confinement.
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S.D. Fla.·
2020-09-04
The court held that the magistrate judge's recommendation to grant the petition on one claim was incorrect, and that the petitioner's claims of ineffective assistance of counsel failed under Strickland v. Washington.
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Fla. 1st DCA·
2020-09-03
The First District Court of Appeal of Florida dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody on the charge that formed the basis of the petition. The court noted that the petitioner had pleaded no contest, was adjudicated
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M.D. Fla.·
2020-09-02
The court held that the petitioner's claims were procedurally defaulted and without merit, and therefore denied the petition for writ of habeas corpus.
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S.D. Fla.·
2020-09-01
The court held that the death of a habeas petitioner renders the action moot.
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S.D. Fla.·
2020-08-31
The court held that a Rule 60(B) motion seeking to vacate a state court judgment is an unauthorized successive petition for writ of habeas corpus, requiring dismissal for lack of jurisdiction.
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Fla. 1st DCA·
2020-08-28
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M.D. Fla.·
2020-08-27
Zachery Keith Turner, convicted of lewd and lascivious battery on a minor, filed a federal habeas corpus petition challenging his conviction and 15-year sentence on multiple grounds, including claims of competency-to-stand-trial error, ineffective assistance of counsel, and Crawf
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M.D. Fla.·
2020-08-26
A claim of actual innocence, standing alone, is not cognizable in a second or successive federal habeas petition unless accompanied by an independent constitutional violation.
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Fla. 3d DCA·
2020-08-26
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M.D. Fla.·
2020-08-26
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations, as it was filed more than seven years after his judgment became final and he failed to establish entitlement to equitable tolling.
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A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.
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Appellate counsel was ineffective for failing to raise on direct appeal the trial court's failure to conduct a competency hearing and enter an order adjudicating the defendant competent.
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M.D. Fla.·
2020-08-20
Federal habeas relief is denied because the state court's adjudication of the claims was not contrary to or an unreasonable application of federal law, and the factual determinations were not unreasonable.
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M.D. Fla.·
2020-08-19
The federal court denied a petition for a writ of habeas corpus because it was untimely filed under AEDPA's statute of limitations, and alternatively, the claims lacked merit.
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M.D. Fla.·
2020-08-19
The federal court denied the petition for a writ of habeas corpus because the petitioner failed to demonstrate that the state court's findings on her claims of ineffective assistance of counsel and due process violation were unreasonable.
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S.D. Fla.·
2020-08-19
The court held that the pro se plaintiff's complaint failed to state a claim for relief and lacked sufficient factual allegations for jurisdiction.
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M.D. Fla.·
2020-08-19
Tavares Wright, convicted of two murders committed during a 2000 crime spree in Florida, sought federal habeas relief arguing he was intellectually disabled and therefore barred from execution under the Eighth Amendment, that his trial counsel was constitutionally ineffective, an
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M.D. Fla.·
2020-08-17
The court held that the petitioner's challenge to her detention was moot because she was released from custody and placed in an Alternatives to Detention program, and she failed to demonstrate remaining collateral consequences or a reasonable expectation of facing the same situat
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N.D. Fla.·
2020-08-16
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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The court denied Petitioner a certificate of appealability because he failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2020-08-14
The federal court denied a petition for writ of habeas corpus because the petitioner's claims did not allege violations of federal constitutional rights, but rather issues of state law.
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M.D. Fla.·
2020-08-14
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.·
2020-08-13
Oliver Samuels, convicted of first-degree premeditated murder in the death of his ex-girlfriend, petitioned for federal habeas corpus relief challenging the conviction on multiple grounds including Miranda rights violations, ineffective assistance of counsel, and insufficiency of
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M.D. Fla.·
2020-08-13
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling.