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.·
2020-04-27
The court held that the petitioner failed to demonstrate probable cause to believe his condition had so changed that it was safe for him to be at large, and thus his civil commitment would continue.
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The court denied the petitioner's motions for reconsideration and extension of time to appeal, finding the reconsideration motion untimely under Rule 59(e) and lacking merit under Rule 60(b).
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S.D. Fla.·
2020-04-21
The court held that a certificate of appealability should not issue because the movant failed to show that jurists of reason would find the correctness of the underlying ruling debatable.
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S.D. Fla.·
2020-04-20
The court held that an alien admitted under the Visa Waiver Program who overstays their authorized period and applies for adjustment of status after expiration waives their right to contest removal, precluding a preliminary injunction.
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M.D. Fla.·
2020-04-20
A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is in custody for the conviction being challenged, and the petition is subject to a one-year limitations period from the date the conviction became final.
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M.D. Fla.·
2020-04-20
The court held that the state court's denial of the petitioner's claims was neither contrary to nor an unreasonable application of federal law, and was not based on an unreasonable determination of the facts.
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The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the legality of his sentence when § 2255 is available, even if prior precedent foreclosed the claim.
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N.D. Fla.·
2020-04-17
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability.
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M.D. Fla.·
2020-04-16
The court held that the petitioner's due process rights were not violated by the prison disciplinary proceedings, and therefore, his petition for a writ of habeas corpus should be denied.
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M.D. Fla.·
2020-04-15
The court held that the petitioner failed to demonstrate ineffective assistance of counsel regarding competency and that his second claim was procedurally barred.
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M.D. Fla.·
2020-04-14
Taurice Brown, a Florida inmate, challenged his 2012 conviction for first-degree murder and attempted first-degree murder through a federal habeas corpus petition, raising eight grounds of ineffective assistance of trial counsel. The district court applied the highly deferential
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M.D. Fla.·
2020-04-14
The federal court denied the petition for a writ of habeas corpus because it was untimely filed and equitable tolling was not warranted.
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M.D. Fla.·
2020-04-10
Steven Willie Montgomery, convicted of second-degree murder with a weapon, filed a federal habeas petition challenging his state conviction, raising fourteen grounds for relief including state law claims about jury instructions and ineffective assistance of counsel claims under t
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M.D. Fla.·
2020-04-10
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-04-09
The court held that the petition for a writ of habeas corpus was premature because the petitioner had not been detained for the presumptively reasonable six-month period for removal proceedings.
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The court held that it lacked jurisdiction to consider a motion to toll the statute of limitations for a habeas petition when no petition had been filed, and that the statute does not authorize prospective tolling.
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M.D. Fla.·
2020-04-08
Robert Meizlik, an inmate convicted in 2007 of sexual abuse offenses, sought federal habeas relief, alleging that his trial counsel and appellate counsel were ineffective and that his conviction was improperly reviewed. The court denied all claims on the merits or alternative pro
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N.D. Fla.·
2020-04-08
The court held that a duplicative habeas corpus petition challenging civil commitment should be dismissed.
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M.D. Fla.·
2020-04-07
David Stratton, an inmate convicted of first-degree murder in 2008, filed a federal habeas petition challenging his conviction under 28 U.S.C. § 2254, raising claims of ineffective assistance of trial counsel regarding cross-examination and evidence presentation about lighting co
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Fla. 1st DCA·
2020-04-07
The court denied a petition for a new trial based on ineffective assistance of appellate counsel, finding the petitioner's claims procedurally barred. The court clarified that a new legal precedent did not apply retroactively to convictions finalized before its issuance.
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The court held that there is no constitutional right to counsel in state postconviction proceedings and that the petitioner's claim was unexhausted and procedurally defaulted.
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The petition for writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
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M.D. Fla.·
2020-04-06
The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to establish actual innocence or newly discovered evidence to overcome the statute of limitations.
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M.D. Fla.·
2020-04-06
The court held that the petitioner's challenge to his detention is moot because he has been released and deported, and there is no reasonable expectation of the same situation recurring.
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N.D. Fla.·
2020-04-04
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.·
2020-04-03
The court held that it lacked jurisdiction to consider a second or successive petition without prior authorization from the Eleventh Circuit.
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N.D. Fla.·
2020-04-03
The court adopted the Magistrate Judge's recommendation to dismiss the petition for writ of habeas corpus as untimely.
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M.D. Fla.·
2020-04-02
The court held that the petitioner's claim regarding the untimeliness of his administrative appeal was not cognizable in a § 2241 petition because it challenged the circumstances of his confinement, not the validity or duration of his sentence, and he failed to exhaust administra
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S.D. Fla.·
2020-03-31
The court held that it lacked jurisdiction to hear the petition for writ of habeas corpus because the petitioner was not in ICE custody and the proper avenue for challenging a removal order is a petition for review in the court of appeals.
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The court held that it lacks jurisdiction to grant an extension for a habeas corpus petition before it is filed.
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M.D. Fla.·
2020-03-27
The court held that the state court's denial of the petitioner's claims was not an unreasonable application of federal law, and therefore denied the habeas corpus petition.
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M.D. Fla.·
2020-03-27
The court held that a corrected state habeas petition filed after the federal limitation period expired cannot resurrect a terminated statute of limitations.
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M.D. Fla.·
2020-03-24
The court held that the state court's denial of the petitioner's claim regarding ineffective assistance of counsel for failing to suppress evidence was not contrary to federal law and was based on a reasonable determination of the facts.
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M.D. Fla.·
2020-03-24
Scott, a Florida prisoner, sought federal habeas relief challenging his conviction for conspiracy to traffic in cocaine, arguing that his trial and appellate counsel rendered ineffective assistance in several respects, including by failing to challenge the trial court's jurisdict
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M.D. Fla.·
2020-03-23
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed after the one-year limitations period expired and he failed to establish grounds for equitable tolling.
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M.D. Fla.·
2020-03-23
The court held that the petitioner failed to demonstrate entitlement to equitable tolling of the one-year limitations period for filing a federal habeas corpus petition, and thus the petition was untimely.
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M.D. Fla.·
2020-03-23
The court denied the petition for writ of habeas corpus, finding that the petitioner procedurally defaulted claims and failed to demonstrate ineffective assistance of counsel under the AEDPA standard.
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M.D. Fla.·
2020-03-23
The court held that the petitioner's claims were meritless and did not warrant federal habeas corpus relief.
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S.D. Fla.·
2020-03-22
The court held that it lacks jurisdiction under 8 U.S.C. § 1252(g) to review a claim seeking to enjoin the execution of removal orders, even when related to pending provisional waiver applications.
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M.D. Fla.·
2020-03-20
The court denied the respondents' motion for rehearing/reconsideration because they failed to demonstrate manifest errors of law or fact and merely reiterated previously addressed arguments.
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Fla. 1st DCA·
2020-03-20
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Fla. 5th DCA·
2020-03-20
A petitioner whose habeas corpus petition has been denied may be cautioned that further similarly inappropriate pro se filings asserting claims from the same cases may result in sanctions including a bar on pro se filing and referral for disciplinary proceedings.
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M.D. Fla.·
2020-03-19
The court held that the petitioner received constitutionally ineffective assistance of counsel because his attorney failed to advise him of the maximum sentencing exposure, and this failure prejudiced his decision-making regarding a plea offer.
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A death sentence does not violate Hurst v. Florida when a unanimous jury verdict establishes at least one statutory aggravating circumstance beyond a reasonable doubt.
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M.D. Fla.·
2020-03-19
The Court held that Petitioner's state post-conviction motion was properly filed, thus tolling the federal habeas limitations period, and denied the Respondent's motion to dismiss.
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M.D. Fla.·
2020-03-19
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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M.D. Fla.·
2020-03-18
The court held that a petitioner released from custody is not eligible for federal habeas corpus relief under 28 U.S.C. § 2254 unless they demonstrate continuing collateral consequences.
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M.D. Fla.·
2020-03-18
The federal court denied a state prisoner's petition for a writ of habeas corpus, finding that his claims were either procedurally barred, moot, or failed to meet the high deference standard required by AEDPA.
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M.D. Fla.·
2020-03-18
The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-03-16
The court held that the petitioner's claims were either unmeritorious or unexhausted, and that the state court's decisions were not contrary to or an unreasonable application of federal law.