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.·
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
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M.D. Fla.·
2019-11-13
The court held that the petitioner received adequate due process in his prison disciplinary proceedings and that there was sufficient evidence to support the sanctions imposed.
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A successive and untimely petition for habeas corpus alleging ineffective assistance of appellate counsel filed more than four years after judgment became final must be dismissed, as the petitioner failed to allege facts supporting the narrow "manifest injustice" exception to pro
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A federal prisoner cannot use the § 2255 saving clause to circumvent the requirement to obtain permission to file a second or successive motion to vacate when the § 2255 remedy was adequate and effective.
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Fla. 3d DCA·
2019-11-13
The Florida District Court of Appeal, Third District, prohibited Rodrick Sams from filing further pro se appeals and petitions relating to two specific criminal cases after finding he had engaged in successive, duplicative, and frivolous filings. Any future filings on these matte
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M.D. Fla.·
2019-11-12
The court held that the petitioner's federal habeas petition was untimely because his second state post-conviction motion was not properly filed for tolling purposes under AEDPA, and equitable tolling was not warranted.
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The circuit court properly dismissed or denied all claims in Dailey's third successive postconviction motion. Dailey's actual innocence claim was procedurally barred as a reframing of a previously raised claim; his newly discovered evidence claims based on testimony from Slater,
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M.D. Fla.·
2019-11-07
The court held that the petitioner failed to demonstrate entitlement to equitable tolling of the statute of limitations for filing a federal habeas corpus petition, and therefore the petition was untimely.
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M.D. Fla.·
2019-11-07
The court held that the petitioner failed to demonstrate manifest error of law or fact to justify reconsideration of the dismissal of her habeas corpus petition.
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M.D. Fla.·
2019-11-07
The court held that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, lacked merit and did not meet the standard for federal habeas corpus relief under AEDPA.
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Fla. 3d DCA·
2019-11-06
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A federal prisoner challenging the constitutionality of his sentence must use 28 U.S.C. § 2255, and the savings clause of § 2255 does not apply if the remedy is merely barred by procedural rules.
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M.D. Fla.·
2019-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence and equitable tolling did not overcome the untimeliness.
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Fla. 1st DCA·
2019-10-30
A petition for all writs review is properly treated as a petition for writ of habeas corpus and may be dismissed on its merits.
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The court affirmed and adopted the Magistrate Judge's Report, dismissing the motion without prejudice as premature.
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M.D. Fla.·
2019-10-28
James Curry, an inmate convicted of armed robbery in Florida state court, filed a federal habeas petition challenging his conviction based on six grounds of ineffective assistance of trial counsel, including claims that counsel failed to raise Brady violations regarding a missing
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Fla. 1st DCA·
2019-10-24
Howard Anthony Bieser, a capital sexual battery convict, appealed the denial of two Rule 3.850 postconviction motions. The First District Court of Appeal affirmed the trial court's denial and imposed sanctions against Bieser for his pattern of abusive, frivolous, and repetitive f
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M.D. Fla.·
2019-10-24
A federal prisoner's inability to meet the gatekeeping requirements of 28 U.S.C. § 2255 does not render the § 2255 remedy inadequate or ineffective, thus precluding the use of § 2241.
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Fla. 4th DCA·
2019-10-23
A dismissal without prejudice of a rule 3.850 postconviction relief motion is not a final, appealable order.
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Fla. 1st DCA·
2019-10-23
A petition for writ of habeas corpus that does not satisfy the requirements for original jurisdiction habeas relief must be dismissed as unauthorized.
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Fla. 4th DCA·
2019-10-23
A habeas corpus petition that raises procedurally barred postconviction claims that are untimely and successive is properly denied.
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M.D. Fla.·
2019-10-23
Anthony Ruise, a Florida state prisoner, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his 2010 conviction for sexual battery and raising eight grounds of ineffective assistance of counsel under Strickland v. Washington. The federal district cour
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Petitioner challenged the trial court's ordering of a second competency evaluation after a hearing on his incompetency motion. The appellate court held that Florida Rule of Criminal Procedure 3.210 does not require a trial court to make a final competency determination based on a
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The court granted a limited stay of execution to allow newly appointed federal counsel sufficient time to review and present potential habeas corpus claims.
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Fla. 1st DCA·
2019-10-23
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2019-10-21
The petition for a writ of habeas corpus is denied because the claims are unexhausted and procedurally barred.
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M.D. Fla.·
2019-10-18
An inmate challenged his 2007 Florida conviction for promoting sexual performance by a child through a federal habeas corpus petition, raising seven grounds for relief including claims of ineffective assistance of counsel and alleged double jeopardy. The court denied the petition
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M.D. Fla.·
2019-10-17
The court held that the petitioner's claims of ineffective assistance of counsel lack merit, and he is not entitled to federal habeas relief.
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M.D. Fla.·
2019-10-17
Louis Thornton, a Florida inmate, sought federal habeas relief challenging his 2011 conviction for aggravated battery and firearm possession based on alleged ineffective assistance of trial counsel and other constitutional claims, which the court denied as either improper state l
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Fla. 1st DCA·
2019-10-17
A petition for writ of habeas corpus is dismissed as unauthorized when it does not meet the requirements for such relief.
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A petition for writ of habeas corpus is unauthorized, and Florida law properly treats placement on probation or community control without adjudication of guilt as a prior conviction.
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M.D. Fla.·
2019-10-16
The court held that the petitioner's claim of improper prosecutorial comments was not cognizable in federal habeas corpus because it alleged violations of state law, not federal law, and was conclusory. The court also found substantial evidence of guilt, precluding relief even if
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M.D. Fla.·
2019-10-16
Michael Giardina, convicted of aggravated battery for stabbing Christopher Carpentier, filed a federal habeas corpus petition claiming ineffective assistance of counsel and challenging jury instructions on self-defense under Florida's Stand Your Ground law. The district court den
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M.D. Fla.·
2019-10-16
The court held that the petitioner's motion to vacate sentence was untimely because it was filed more than seven years after his conviction became final, and he failed to establish actual innocence or meet the requirements for the saving clause of 28 U.S.C. § 2255(e).
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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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The court adopted the Magistrate Judge's Report and Recommendation, overruling the petitioner's objections and denying his petition for habeas corpus relief.
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M.D. Fla.·
2019-10-15
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, or an unreasonable application of, clearly established federal law.
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M.D. Fla.·
2019-10-11
The court held that the petitioner's claims regarding speedy trial violations and state procedural errors in competency determinations are not cognizable in federal habeas corpus or fail on the merits under AEDPA deference.
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M.D. Fla.·
2019-10-10
The court held that the state court's denial of the motion to suppress was not contrary to federal law and that the sentencing court's consideration of the timing of the defendant's remorse did not violate due process.
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Fla.·
2019-10-10
The Florida Supreme Court lacks jurisdiction to review a district court of appeal decision based solely on the assertion that the case may present federal issues; jurisdiction must be established under the Florida Constitution's enumerated grounds.
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M.D. Fla.·
2019-10-10
Corey Newton sought federal habeas corpus relief under 28 U.S.C. § 2254, challenging his state convictions for burglary of a dwelling and possession of burglary tools through seven claims of ineffective assistance of counsel, but the court denied all claims after determining that
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M.D. Fla.·
2019-10-10
The court found that the petitioner had exhausted his claim of ineffective assistance of counsel by challenging the state trial court's ruling on the merits during his state appeal, thus allowing federal review.
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The Court denies Petitioner's request for a writ of habeas corpus, finding that the state court's decisions were not contrary to federal law and were based on reasonable determinations of fact.
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M.D. Fla.·
2019-10-09
The court found that the petitioner's claims were adjudicated on the merits in state court and must be evaluated under the deferential standard of 28 U.S.C. § 2254(d).
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M.D. Fla.·
2019-10-08
The court held that while 8 U.S.C. § 1226(c) mandates detention, prolonged detention without a bond hearing can violate the Due Process Clause.
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S.D. Fla.·
2019-10-08
The court adopted the Magistrate Judge's Report and Recommendation, overruling the petitioner's objections and denying his petition for habeas corpus relief.
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M.D. Fla.·
2019-10-07
# Summary
Combs sought federal habeas corpus relief challenging his convictions for sexual battery and burglary with assault or battery, claiming ineffective assistance of counsel and other constitutional violations. The court denied his petition, finding that several grounds we
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N.D. Fla.·
2019-10-04
The court held that a petition for writ of habeas corpus filed without prior authorization from the Eleventh Circuit is an unauthorized successive petition and must be dismissed for lack of subject matter jurisdiction.