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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Fla. 5th DCA·
2020-06-19
A court may sanction a pro se litigant for abusive, repetitive, malicious, or frivolous filings by barring future pro se filings and referring the matter to prison officials for disciplinary proceedings.
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M.D. Fla.·
2020-06-19
The court held that the petitioner's claims of ineffective assistance of counsel were meritless and procedurally barred, and therefore denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2020-06-16
The court held that the petitioner's claim regarding the information being filed in bad faith was procedurally defaulted and unexhausted, and alternatively, the information provided adequate notice. The court also held that the petitioner's sentence was a lawful enhancement as a
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M.D. Fla.·
2020-06-16
Byron Boutin was convicted of second-degree murder in connection with the 2012 death of Deanna Stires, who was fatally overdosed on morphine after being attacked and restrained with duct tape. Boutin filed a federal habeas corpus petition challenging his conviction on grounds tha
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N.D. Fla.·
2020-06-12
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.·
2020-06-11
The court affirmed the magistrate judge's denial of bond and in forma pauperis status for appeal, finding no substantial constitutional claim or extraordinary circumstances justifying release, and denied a certificate of appealability.
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Fla.·
2020-06-11
A court may exercise its inherent authority to sanction a litigant who persistently files frivolous, meritless, and repetitive requests for relief that abuse the judicial process and burden the court's limited resources. Pro se filings by such an abusive litigant may be barred un
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Fla. 1st DCA·
2020-06-10
The appellate court denied a petition for writ of habeas corpus, finding that appellate counsel was not ineffective for failing to argue on direct appeal that the amended information was defective. The court reasoned that the information adequately provided notice of the charges,
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M.D. Fla.·
2020-06-10
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the state court judgments became final, and no tolling events occurred.
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The appellate court granted a writ of habeas corpus, vacating an order for involuntary treatment. The court found that the order was improperly entered because the required assessment had not been completed within the statutory timeframe.
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M.D. Fla.·
2020-06-09
The court held that the petitioner's claims regarding due process and equal protection were unexhausted and procedurally barred, and his ineffective assistance of counsel claims were not meritorious under the deferential AEDPA standard.
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The court held that while the petitioner may have shown deficient performance or a state's failure to disclose, he did not make a substantial showing that the outcome would have been different, thus denying relief under § 2254(d).
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A federal prisoner cannot use the § 2241 saving clause to challenge a conviction based on an intervening change in the law if they have already had a prior § 2255 motion denied.
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A federal prisoner cannot use the saving clause of 28 U.S.C. § 2255(e) to seek relief under § 2241 based on an intervening change in the law or general health risks from confinement.
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Fla. 1st DCA·
2020-06-08
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Fla. 2d DCA·
2020-06-05
The appellate court affirmed the lower court's denial of a habeas corpus petition and motion for clarification. The court held that the petitioner's claim that he should have been allowed to amend his petition was not ripe for review because he had not yet filed a motion that was
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Fla. 1st DCA·
2020-06-03
A successive petition for writ of habeas corpus raising the same issues as a previously dismissed petition must be dismissed.
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M.D. Fla.·
2020-06-01
Roderick W. Campbell challenged his state convictions for carrying a concealed firearm and possessing a firearm as a convicted felon, each carrying sentences of thirty years and five years respectively, by petitioning for federal habeas corpus relief under 28 U.S.C. § 2254. The D
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M.D. Fla.·
2020-06-01
The court held that a federal habeas petition filed outside the one-year limitations period under AEDPA is dismissed unless the petitioner can establish actual innocence with new, reliable evidence or demonstrate entitlement to equitable tolling, neither of which was shown here.
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M.D. Fla.·
2020-05-29
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2020-05-28
William Brown challenged his convictions for first-degree murder and robbery by filing a federal habeas petition claiming ineffective assistance of trial counsel under the Sixth Amendment. The District Court for the Middle District of Florida denied all nine grounds for relief, f
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M.D. Fla.·
2020-05-28
Elliott Lewis, an inmate in Florida, sought federal habeas corpus relief from his 2013 conviction for selling oxycodone, raising claims including Brady violations, entrapment, ineffective assistance of counsel, and failure to call witnesses. The District Court for the Middle Dist
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M.D. Fla.·
2020-05-26
The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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Fla. 1st DCA·
2020-05-26
A habeas corpus petition cannot be used to litigate issues that could have been raised on direct appeal or in postconviction proceedings, and a motion to disqualify the trial judge filed while the defendant is represented by counsel is a nullity.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations, and the petitioner failed to establish the actual innocence exception.
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Fla. 5th DCA·
2020-05-22
A trial court's denial of a habeas corpus petition is affirmed when the petition lacks merit.
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S.D. Fla.·
2020-05-22
The court adopted the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus and the motion for stay and abeyance.
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M.D. Fla.·
2020-05-21
Gerald Carter, a Florida inmate, petitioned for federal habeas corpus relief challenging his 2011 and 2014 convictions for shooting into an occupied dwelling and attempted second-degree murder. The district court denied relief on all three grounds, finding that Carter's claims al
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N.D. Fla.·
2020-05-20
Continued detention of an alien beyond the presumptively reasonable six-month period is unlawful if removal is not reasonably foreseeable and the alien has not frustrated the removal process.
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M.D. Fla.·
2020-05-19
Thomas Woods, an inmate in the Florida penal system, challenged his 2013 conviction for trafficking in cocaine while armed with a firearm through a federal habeas corpus petition, arguing that his trial counsel was ineffective for failing to advise him of or pursue an entrapment
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M.D. Fla.·
2020-05-19
The court held that the Petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception, warranting dismissal.
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S.D. Fla.·
2020-05-18
The court held that it must abstain from hearing the case under the Younger doctrine due to ongoing state criminal proceedings, and therefore denied the motion to amend as futile and dismissed the case.
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M.D. Fla.·
2020-05-18
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year limitations period, and equitable tolling was not warranted.
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M.D. Fla.·
2020-05-15
Larry G. Jossey, Jr., an inmate proceeding without counsel, petitioned for federal habeas relief under 28 U.S.C. § 2254, challenging his state court conviction for armed robbery on eight grounds, including claims of ineffective assistance of counsel, jury instruction errors, and
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M.D. Fla.·
2020-05-14
The court held that a federal court cannot grant habeas corpus relief for alleged violations of state law, as federal habeas corpus is limited to violations of federal law.
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The court held that a Certificate of Appealability (COA) is not warranted for the denial of the motion to alter or amend judgment because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2020-05-13
A man convicted of sexually abusing his girlfriend's nine-year-old daughter filed a federal habeas corpus petition challenging his conviction, arguing that certain trial court errors violated his constitutional rights. The district court denied relief, finding that some claims we
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M.D. Fla.·
2020-05-12
A federal prisoner seeking compassionate release under the First Step Act must file the motion in the sentencing court, not in a habeas corpus petition in a district court where the prisoner is incarcerated.
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The court held that the plaintiff's objections to the magistrate judge's orders were untimely and without merit, and that the case was properly dismissed for failure to comply with court orders regarding pleading deficiencies.
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M.D. Fla.·
2020-05-11
The court held that the petitioner is not entitled to habeas relief because the state court's adjudication of his claims was not contrary to, or an unreasonable application of, federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-05-08
A federal court lacks subject matter jurisdiction over a habeas corpus petition filed under 28 U.S.C. § 2241 when the petitioner is authorized to seek relief under D.C. Code § 23-110, unless the remedy under § 23-110 is inadequate or ineffective.
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M.D. Fla.·
2020-05-07
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, and therefore, the petition for writ of habeas corpus should be denied.
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A state prisoner who has filed multiple meritless pro se petitions to the Supreme Court may be sanctioned by barring future pro se filings related to the same conviction unless represented by counsel and by referral to the Department of Corrections.
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11th Cir.·
2020-05-05
The Eleventh Circuit held that the Bureau of Prisons reasonably interpreted President Obama's commutation order, and thus did not err in excluding the 37-month term served on a prior sentence from the recalculation of the appellant's release date.
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S.D. Fla.·
2020-05-05
The court held that the petitioner's habeas corpus petition should be denied because he failed to exhaust his state court remedies and, alternatively, his claims were insufficient on the merits.
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M.D. Fla.·
2020-05-04
The court held that the petitioner's claim regarding a Nelson hearing is not cognizable on federal habeas review as it is a matter of state law. The court also held that the petitioner's Faretta claim fails because his request to proceed pro se was not clear and unequivocal, and
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M.D. Fla.·
2020-05-04
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2020-05-04
James Palmer, convicted of sexual battery and other crimes, appealed his federal habeas corpus petition challenging his conviction on multiple grounds of ineffective assistance of counsel and constitutional violations. The District Court for the Middle District of Florida denied
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M.D. Fla.·
2020-05-01
The court held that the petitioner's federal habeas corpus petition was untimely because it was filed more than one year after his conviction became final, and his claim of actual innocence did not meet the required standard.
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S.D. Fla.·
2020-04-30
The court held that the conditions at the detention centers violated detainees' Fifth and Eighth Amendment rights, and that injunctive relief was appropriate, but the specific remedy of release required further evaluation.