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.·
2020-03-13
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, or based on an unreasonable determination of facts.
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Fla.·
2020-03-12
Hector Sanchez-Torres challenges the denial of his motion to vacate his death sentence conviction, raising claims of ineffective assistance of counsel at trial and on appeal. The Florida Supreme Court affirmed the postconviction court's denial of relief and rejected his habeas pe
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Fla. 2d DCA·
2020-03-11
The appellate court granted a petition for a writ of habeas corpus, finding that the monetary bond set for the petitioner's pretrial release was excessive and effectively denied him release. The court emphasized that bail conditions must be reasonable and cannot be so high as to
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The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's motion to vacate, set aside, or correct his sentence.
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Fla. 5th DCA·
2020-03-06
A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.
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952 F.3d 1251·
11th Cir.·
2020-03-05
The Eleventh Circuit denied the motion for appointment of substitute counsel and a stay of execution, finding the petitioner failed to demonstrate entitlement to either due to untimeliness, futility, and unjustified delay.
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S.D. Fla.·
2020-03-05
The court held that it lacked jurisdiction to issue a writ of mandamus to state courts, even when construing the petitioner's filing as such.
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M.D. Fla.·
2020-03-04
The court held that the petition for writ of habeas corpus was premature because the petitioner had not yet been detained for the presumptively reasonable six-month period following a final order of removal.
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S.D. Fla.·
2020-03-02
The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging post-removal order detention is premature if filed before the expiration of the presumptively reasonable six-month detention period.
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M.D. Fla.·
2020-02-28
The court held that the petitioner failed to establish that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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The court held that jurisdiction for a habeas petition challenging present physical confinement lies in the district of confinement.
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M.D. Fla.·
2020-02-27
The court denied the petition for a writ of 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.
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N.D. Fla.·
2020-02-26
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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Fla. 4th DCA·
2020-02-26
The trial court's order denying the petition for writ of habeas corpus is affirmed.
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The court adopted the Magistrate Judge's Report and Recommendations, overruling the petitioner's objections and denying the petition for a writ of habeas corpus.
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M.D. Fla.·
2020-02-25
Richard Harris petitioned for federal habeas corpus relief, challenging his guilty plea to second-degree murder and related charges in Florida state court, raising five grounds based on alleged ineffective assistance of counsel. The district court denied the petition, finding tha
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M.D. Fla.·
2020-02-25
The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-02-24
The court held that the petitioner's claims were either unexhausted and procedurally defaulted, or that the state court's denial of relief on the merits was not unreasonable under the applicable standards.
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Fla. 5th DCA·
2020-02-21
A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.
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M.D. Fla.·
2020-02-21
The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as counsel's performance was not deficient and the petitioner failed to show prejudice.
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Del. Super. Ct.·
2020-02-21
The Court denied the defendant's motion for postconviction relief, finding that most claims were procedurally barred due to untimeliness and prior adjudication. Where claims were not procedurally barred, they were denied on the merits, as the defendant failed to demonstrate ineff
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M.D. Fla.·
2020-02-20
A federal habeas petition filed more than one year after the conviction became final, and after the federal limitations period expired, cannot be revived by a subsequent state post-conviction motion or by relying on a U.S. Supreme Court decision that is not retroactively applicab
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A petition for habeas corpus alleging ineffective assistance of appellate counsel filed more than four years after the judgment and sentence become final on direct review is procedurally barred and must be dismissed.
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S.D. Fla.·
2020-02-19
The court held that a filing challenging state court convictions must be treated as a habeas petition under 28 U.S.C. § 2254, and successive claims are dismissed for lack of jurisdiction under 28 U.S.C. § 2244(b)(1).
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M.D. Fla.·
2020-02-18
The court held that the petitioner's claims of ineffective assistance of counsel were denied because they either failed to meet the Strickland standard or were procedurally defaulted and lacked merit. The court applied the highly deferential AEDPA standard, finding no basis to ov
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The court held that the plaintiff's challenge to a civil contempt order must be pursued in state court, and therefore, the Younger abstention doctrine applies.
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S.D. Fla.·
2020-02-18
Robert Gorham sought federal habeas relief arguing his trial attorney failed to convey a five-year pretrial plea offer, violating his Sixth Amendment right to effective assistance of counsel. The District Court found the state trial court improperly applied the legal standard for
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The court held that the state court's denial of the petitioner's Brady claim was not objectively unreasonable, as the withheld evidence regarding a confidential informant was not material to the outcome of the trial.
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M.D. Fla.·
2020-02-14
The court held that the plaintiff's claims failed to state a claim upon which relief could be granted under 42 U.S.C. § 1983.
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M.D. Fla.·
2020-02-12
The court held that the petitioner failed to demonstrate that the state court's adjudication of his claims was contrary to or an unreasonable application of federal law, and thus denied the petition for habeas corpus relief.
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The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
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The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating multiple appeals for review.
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The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
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The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court addressed multiple consolidated appeals related to the appellant's probation violation, sentence, and various post-conviction motions, finding
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The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
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The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
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M.D. Fla.·
2020-02-10
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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Fla. 5th DCA·
2020-02-06
A defendant not charged with a capital felony or life felony must be released on reasonable conditions when the State has not sought pretrial detention.
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Fla. 3d DCA·
2020-02-05
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M.D. Fla.·
2020-02-05
The court held that the petition for writ of habeas corpus was untimely filed under 28 U.S.C. § 2244(d)(1) and denied equitable tolling.
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N.D. Fla.·
2020-02-04
The court held that the petitioner failed to demonstrate prejudice from the jury instruction error or the prosecutor's argument, and thus denied his habeas corpus petition and certificate of appealability.
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S.D. Fla.·
2020-01-31
The court adopted the Magistrate Judge's Report and Recommendation, denying the petition for writ of habeas corpus.
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S.D. Fla.·
2020-01-31
The court held that the petition for writ of habeas corpus was properly dismissed as time-barred because the petitioner failed to file within the one-year limitations period and did not qualify for equitable tolling.
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M.D. Fla.·
2020-01-30
The court held that the petitioner's due process rights were not violated by the prison disciplinary proceedings that resulted in the loss of good time credits, as there was 'some evidence' to support the findings and the process afforded met constitutional minimums.
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M.D. Fla.·
2020-01-28
The court held that the petitioner's claims were without merit and denied his petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2020-01-27
The court held that the inmate's petition for a writ of habeas corpus should be denied because he failed to exhaust administrative remedies and his due process claims lacked merit.
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S.D. Fla.·
2020-01-27
The court held that the case is moot because the petitioner has already been removed from the United States, and the district court lacks jurisdiction to review the removal order.
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M.D. Fla.·
2020-01-27
Steve Anderson, an inmate serving a life sentence for first-degree murder and carrying a concealed firearm, sought federal habeas relief challenging his 2009 state court convictions, raising claims including judicial bias during jury selection, insufficient evidence for the firea
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M.D. Fla.·
2020-01-27
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, nor an unreasonable application of, clearly established federal law and were based on reasonable determinations of fact.