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.·
2020-08-12
The court held that a pretrial detainee cannot seek relief under 28 U.S.C. § 2254 and that the petition, construed under § 2241, was not cognizable due to failure to exhaust state remedies and principles of abstention.
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Fla. 3d DCA·
2020-08-12
The appellate court affirmed the trial court's denial of a postconviction relief petition based on newly discovered evidence. The court found that the new evidence, a recantation by a witness, would likely not lead to an acquittal on retrial and was cumulative to existing evidenc
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M.D. Fla.·
2020-08-11
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law or an unreasonable determination of the facts, and therefore denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2020-08-11
Jehu Ramirez challenged his Florida sexual battery conviction in federal habeas corpus proceedings, raising six grounds including ineffective assistance of trial counsel claims and procedural issues. The district court denied all six grounds, finding some procedurally defaulted f
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M.D. Fla.·
2020-08-10
Leonard Haggins challenged his conviction for robbery and burglary based on alleged trial errors and ineffective assistance of counsel in a federal habeas petition brought under 28 U.S.C. § 2254. The district court denied the petition, finding that Haggins either failed to proper
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M.D. Fla.·
2020-08-10
The court held that it lacks jurisdiction to order home confinement or make recommendations for it, and that the petitioner's procedural due process claim is moot due to his transfer.
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S.D. Fla.·
2020-08-10
The court held that a Rule 60(b) motion seeking to raise a new claim for habeas relief is a successive petition requiring prior authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2020-08-10
The court denied Petitioner's habeas corpus petition, finding that the state court's adjudication of his claims was not contrary to, or an unreasonable application of, clearly established federal law and was not based on an unreasonable determination of the facts.
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S.D. Fla.·
2020-08-07
The court held that the petitioner's detention is governed by 8 U.S.C. § 1231(a) and is presumed reasonable, thus his petition for writ of habeas corpus must be dismissed.
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A federal court lacks jurisdiction to grant a writ of habeas corpus under 28 U.S.C. § 2241 when the petitioner is not in the custody of the respondent authority, and an immigration detainer alone does not satisfy this requirement.
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M.D. Fla.·
2020-08-05
The court held that it lacked jurisdiction to grant a stay of the federal habeas limitations period or extend it when no actual petition had been filed.
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S.D. Fla.·
2020-08-04
The court held that the petitioner's claims of ineffective assistance of counsel were not meritorious and denied his petition for a writ of habeas corpus, also denying his motion to withdraw.
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N.D. Fla.·
2020-08-04
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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M.D. Fla.·
2020-08-03
The court denied the petition for a writ of habeas corpus because the petitioner's claims were either unexhausted, procedurally defaulted, or failed to meet the stringent standards for federal review under AEDPA.
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Fla. 1st DCA·
2020-08-03
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M.D. Fla.·
2020-07-31
Michael Wayne Shellito, a state prisoner serving life without parole for first-degree murder, sought federal habeas corpus relief challenging his conviction on three grounds: suppression of material evidence, ineffective assistance of trial counsel at the guilt phase, and absence
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S.D. Fla.·
2020-07-30
The court held that it lacks jurisdiction to consider the successive habeas petition because the petitioner failed to obtain authorization from the court of appeals.
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M.D. Fla.·
2020-07-30
The court held that venue was improper in the Southern District of Florida and transferred the case to the Middle District of Florida.
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S.D. Fla.·
2020-07-30
The court held that venue was improper in the Southern District of Florida and transferred the case to the Middle District of Florida.
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M.D. Fla.·
2020-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate entitlement to equitable tolling.
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Fla. 1st DCA·
2020-07-24
This case concerns a juvenile, N.W., who sought release from detention via a writ of habeas corpus, arguing his detention violated Florida statutes. The court found that the juvenile's extended detention beyond the statutory 72-hour limit for failure to appear was impermissible,
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Fla. 5th DCA·
2020-07-24
A pro se litigant who engages in a pattern of abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from filing further pro se petitions concerning that case.
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S.D. Fla.·
2020-07-23
The court held that a petition for a writ of habeas corpus challenging post-removal order detention is premature if filed before the presumptively reasonable six-month detention period has expired.
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The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-07-20
The court held that the plaintiff's civil rights complaint was barred by the statute of limitations and the Rooker-Feldman doctrine, and thus failed to state a claim upon which relief could be granted.
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M.D. Fla.·
2020-07-17
The court held that the applicant's claims regarding counsel's failure to adopt a pro se motion and present psychologist testimony are procedurally barred from federal review. The entrapment defense claim, however, is subject to review on the merits.
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S.D. Fla.·
2020-07-16
The court held that the petitioner's prolonged detention did not violate his due process rights because his actions in seeking stays of removal interrupted the statutory removal period.
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S.D. Fla.·
2020-07-16
The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of confinement, and this petition was dismissed for lack of jurisdiction.
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M.D. Fla.·
2020-07-15
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 the facts.
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Fla. 1st DCA·
2020-07-13
Appellate counsel was ineffective for failing to challenge an illegal sentence that imposed a single twenty-year term for multiple offenses and exceeded the statutory maximum for a third-degree felony under Florida Statutes section 775.084(4)(a).
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Fla. 1st DCA·
2020-07-13
A non-sentencing trial court lacks jurisdiction to entertain a habeas corpus petition asserting claims cognizable under Florida Rules of Criminal Procedure 3.800 and 3.850.
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M.D. Fla.·
2020-07-13
A petition for a writ of habeas corpus under 28 U.S.C. § 2241 is not the proper avenue for a prisoner to challenge the conditions of his confinement or seek compassionate release; such claims must be brought as a civil rights action or before the sentencing court, respectively.
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M.D. Fla.·
2020-07-13
The court held that the petitioner established a claim for unlawful post-removal detention, shifting the burden to the government to prove likelihood of removal, which they failed to do.
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M.D. Fla.·
2020-07-13
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish an actual innocence gateway exception.
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M.D. Fla.·
2020-07-10
The court held that the petitioner's claims were either procedurally barred or failed to meet the Strickland standard for ineffective assistance of counsel, and thus the petition for writ of habeas corpus was denied.
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M.D. Fla.·
2020-07-09
A § 1983 action is not the proper vehicle for a pretrial detainee seeking release based on speedy trial or double jeopardy claims.
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M.D. Fla.·
2020-07-09
The court held that it lacked authority to grant compassionate release and that the plaintiff failed to establish the necessary elements for injunctive relief.
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M.D. Fla.·
2020-07-07
The court held that Petitioner is not entitled to federal habeas relief on any of his grounds for relief.
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N.D. Fla.·
2020-07-01
The court held that the state court's ruling on the petitioner's ineffective assistance claim was not contrary to clearly established federal law, but granted a certificate of appealability on that issue.
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M.D. Fla.·
2020-06-30
The court held that the petitioner's claims were unexhausted, procedurally defaulted, or not cognizable on federal habeas review.
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M.D. Fla.·
2020-06-30
Roderick Campbell challenged his 2008 Florida convictions for firearm offenses through federal habeas corpus, arguing ineffective assistance of counsel and other constitutional violations. The federal court denied the petition, finding most claims procedurally barred or defaulted
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11th Cir.·
2020-06-29
Mark Allen Jenkins, an Alabama death row inmate convicted in 1991 of the capital murder of Tammy Ruth Hogeland, appealed his conviction and sentence on grounds of ineffective assistance of counsel during the penalty phase and intellectual disability under the Eighth Amendment. Th
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M.D. Fla.·
2020-06-26
The court held that it lacked subject matter jurisdiction to consider the petitioner's habeas corpus petition because the petitioner's claims were cognizable under 28 U.S.C. § 2255 and the petitioner had already filed a prior § 2255 motion without obtaining authorization for a su
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M.D. Fla.·
2020-06-26
The court held that release is not an appropriate remedy for conditions of confinement claims, and the conditions at the detention facilities did not violate petitioners' due process rights under the deliberate indifference standard.
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M.D. Fla.·
2020-06-25
The court held that the state appellate court's adjudication of the petitioner's claim regarding the suppression of eyewitness identification was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination o
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Fla. 3d DCA·
2020-06-24
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M.D. Fla.·
2020-06-23
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The court reasoned that the one-year limitations period expired before the petitioner filed his state post-conviction relie
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M.D. Fla.·
2020-06-22
The court denied the petitioner's motion to stay his federal habeas corpus petition pending exhaustion of state court remedies.