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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The court held that it lacked jurisdiction to issue a writ of mandamus compelling state officials to release the plaintiff and others from civil commitment.
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S.D. Fla.·
2020-01-27
The district court lacks jurisdiction to review an order of removal; such challenges must be filed with the appropriate Court of Appeals.
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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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The court held that the petitioner's federal habeas petition was time-barred because his state post-conviction motion was not properly filed and therefore did not toll the statute of limitations.
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Fla. 4th DCA·
2020-01-22
The trial court did not err in imposing a consecutive sentence in the second case, and Williams is not entitled to relief under Rule 3.800(a) or habeas corpus.
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Fla. 4th DCA·
2020-01-22
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M.D. Fla.·
2020-01-22
The court held that a federal civil court should not grant a writ of habeas corpus if the military decision has fully and fairly considered the allegations, and claims not raised in the military courts are waived.
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M.D. Fla.·
2020-01-21
William Carson Merrill challenged his Florida manslaughter with a firearm conviction through federal habeas corpus, raising seven grounds of ineffective assistance of counsel claims under the Sixth and Fourteenth Amendments. The district court applied the strict deferential stand
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N.D. Fla.·
2020-01-17
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the state court's ruling was not contrary to or an unreasonable application of federal law.
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Fla. 2d DCA·
2020-01-17
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M.D. Fla.·
2020-01-16
David Tatara was convicted of second-degree murder in the death of a 15-month-old child despite the trial court granting his motion for acquittal on the charged count of first-degree felony murder. The federal district court rejected Tatara's habeas challenges to his conviction,
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N.D. Fla.·
2020-01-16
The court adopted the magistrate judge's report and recommendation, denying the habeas petition and a certificate of appealability.
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M.D. Fla.·
2020-01-15
The court held that a federal court must abstain from interfering with ongoing state criminal proceedings when the petitioner has not exhausted state remedies and no extraordinary circumstances exist.
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M.D. Fla.·
2020-01-15
The court held that the petition for a writ of habeas corpus is dismissed for failure to prosecute and potentially mootness.
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M.D. Fla.·
2020-01-14
The court held that the petition for a writ of habeas corpus must be dismissed for improper venue.
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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.·
2020-01-08
The court held that the petitioner's motion to alter or amend was untimely under Rule 59(e) and failed to demonstrate grounds for reconsideration under Rule 60(b), and therefore denied the motion.
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Fla. 4th DCA·
2020-01-08
A habeas corpus petition may be denied without prejudice when the petitioner has a pending Rule 3.850 motion that provides an adequate alternative remedy.
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This case involves a juvenile, S.B., seeking release from secure detention via a writ of habeas corpus. The court granted the petition, finding that S.B. was held in detention without the required statutory findings and proper notice of contempt proceedings.
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M.D. Fla.·
2019-12-23
The court held that the petitioner failed to exhaust administrative remedies and his claims were not cognizable in a habeas corpus petition because they challenged prison conditions, not the fact or duration of his confinement.
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N.D. Fla.·
2019-12-23
The court held that the petitioner failed to make a substantial showing of the denial of a constitutional right, thus denying her motion for release and a certificate of appealability.
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A successive habeas petition alleging ineffective assistance of appellate counsel may be dismissed where the petitioner has filed multiple prior postconviction motions raising similar claims.
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M.D. Fla.·
2019-12-19
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the conviction became final, and the petitioner failed to establish grounds for equitable tolling.
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M.D. Fla.·
2019-12-19
The court held that the petitioner's federal habeas petition was untimely filed and denied it.
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M.D. Fla.·
2019-12-17
The federal court denied a state prisoner's habeas corpus petition because the state court's rejection of his claims regarding sentencing enhancements was not contrary to or an unreasonable application of federal law.
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Fla. 3d DCA·
2019-12-17
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The court held that a change in caselaw does not render the remedy under 28 U.S.C. § 2255 inadequate or ineffective to test the legality of detention, and thus the saving clause does not apply.
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Fla. 5th DCA·
2019-12-11
A child detained in secure detention at a juvenile detention center petitioned for habeas corpus relief, claiming her detention violated Florida law. The appellate court granted the petition, finding that the trial court failed to make sufficient written findings required by stat
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M.D. Fla.·
2019-12-10
The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus, the petitioner is not entitled to federal habeas relief.
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The court held that the petitioner failed to demonstrate extraordinary circumstances to reopen a federal habeas judgment based on claims of ineffective assistance of collateral counsel.
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Fla. 5th DCA·
2019-12-08
A juvenile petitioner challenged his detention in secure conditions at a detention center, claiming he was being held unlawfully despite DRAI assessment scores insufficient to justify secure detention. The court granted the habeas corpus petition and ordered an evidentiary hearin
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M.D. Fla.·
2019-12-06
Shuron Antwoune Hester filed a federal habeas petition challenging his Florida conviction for sexual battery and lewd or lascivious molestation of a child. The District Court denied the petition, finding that several claims were procedurally barred due to insufficient exhaustion
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M.D. Fla.·
2019-12-06
The federal court denied the petition for writ of habeas corpus, finding that the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law and was not based on an unreasonable determination of t
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Trial counsel was not ineffective for failing to object to the prosecutor's golden rule arguments, the statement "Don't let him get away with this," comments regarding Jordan's lack of remorse, or denigrating remarks about the defense theory, as counsel's strategic decision to li
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M.D. Fla.·
2019-12-05
A petition for a writ of habeas corpus under 28 U.S.C. § 2254 cannot challenge the clemency process itself, as it does not invalidate a sentence.
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S.D. Fla.·
2019-12-04
The court adopted the Magistrate Judge's Report and Recommendation, denying the Amended Petition for Habeas Corpus Relief on the merits.
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A pro se litigant's right to proceed without counsel may be forfeited where the party has abused the judicial process through continued filing of successive or meritless collateral claims in a criminal proceeding, after proper notice and opportunity to be heard.
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M.D. Fla.·
2019-12-03
The court held that the petitioner failed to demonstrate that the state court's rejection of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of the facts.
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M.D. Fla.·
2019-11-27
The court held that the petitioner's claims were either procedurally barred due to failure to exhaust state remedies or without merit as the state court's decision was not contrary to federal law or based on an unreasonable determination of facts.
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M.D. Fla.·
2019-11-26
Randy Archiquette pleaded guilty to DUI manslaughter and related charges stemming from a series of traffic accidents that killed two people while driving with a blood alcohol content more than double the legal limit. Archiquette's federal habeas petition, which challenged his con
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M.D. Fla.·
2019-11-26
The federal court denied the habeas petition because the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, nor based on an unreasonable factual determination.
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M.D. Fla.·
2019-11-26
A petition for writ of habeas corpus under 28 U.S.C. § 2241 is not available to challenge the validity of a sentence except on very narrow grounds not present in this case.
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S.D. Fla.·
2019-11-26
The court held that an amended judgment redesignating a prisoner as a Youthful Offender, without changing the length of confinement, does not constitute a new judgment for the purpose of filing a second or successive federal habeas petition.
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M.D. Fla.·
2019-11-25
The court held that a federal prisoner's claims challenging disciplinary proceedings that do not affect the fact or duration of his sentence, such as loss of privileges or disciplinary segregation without loss of good time, are not cognizable in a habeas corpus petition under 28
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M.D. Fla.·
2019-11-18
A federal prisoner seeking habeas corpus relief must first exhaust available administrative remedies, and the Bureau of Prisons has discretion to designate the facility where a federal sentence is served.
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M.D. Fla.·
2019-11-18
Federal courts should abstain from hearing pre-trial habeas corpus petitions when issues can be resolved in state court, absent special circumstances.
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M.D. Fla.·
2019-11-18
The court held that the petitioner failed to overcome the presumption of counsel's reasonable performance and failed to demonstrate prejudice, thus denying habeas corpus relief.
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N.D. Fla.·
2019-11-18
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.·
2019-11-14
The court held that the state court's decision denying the petitioner's claim of a due process violation in his habitual offender sentencing was not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the