729 Florida cases classified under this topic, plus 109 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2025-02-25
The court held that the petitioner's federal habeas petition was time-barred under AEDPA because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances justifying equitable tolling.
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M.D. Fla.·
2025-02-03
The appeal is dismissed because the appellant lacks standing to challenge the order approving counsel's employment and the court lacks jurisdiction to consider arguments about the source of payment for the counsel's fees.
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Fla. 2d DCA·
2025-01-22
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Fla. 3d DCA·
2025-01-15
Regino Mendoza appeals his conviction and sentence for robbery with a firearm, challenging the trial court's failure to enter a written competency order prior to sentencing. Although the trial court orally found Mendoza competent to proceed, it did not memorialize this finding in
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11th Cir.·
2024-10-28
The Eleventh Circuit held that a state court's explicit designation of an amended sentence as nunc pro tunc requires deference, preventing it from restarting the federal habeas limitations period, but an amended judgment not designated nunc pro tunc does restart the period.
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M.D. Fla.·
2024-08-29
The court held that a resentencing order entered nunc pro tunc does not constitute a new judgment for purposes of AEDPA's second or successive petition bar, and thus the current petition is barred.
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Fla. 4th DCA·
2024-07-17
A trial court need not conduct a new Faretta inquiry when a defendant requests self-representation at a non-crucial stage if the original inquiry was proper and no substantial change in circumstances occurred, but a trial court must independently determine a defendant's competenc
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S.D. Fla.·
2024-06-06
The court held that the applicants failed to comply with Federal Rule of Civil Procedure 45(a)(4)'s notice requirement, warranting quashing the subpoena. The court also vacated its prior order granting the discovery application due to concerns about the scope of discovery permitt
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Fla. 5th DCA·
2024-03-22
A nunc pro tunc competency hearing is a crucial stage of proceedings at which a defendant is entitled to be represented by appointed counsel.
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M.D. Fla.·
2024-01-25
The court held that the petitioner's federal habeas petition was timely filed because the statute of limitations reset when the order revoking probation and the subsequent sentence became final after the conclusion of direct review.
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M.D. Fla.·
2024-01-22
The court held that the applicant's current habeas corpus application is an unauthorized second or successive application because it challenges the original 1996 judgment, not a new one, and thus the district court lacks jurisdiction.
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Fla. 3d DCA·
2023-12-06
A trial court must enter a written order finding a defendant competent to proceed, and failure to do so requires remand for a nunc pro tunc written order reflecting the oral competency finding.
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S.D. Fla.·
2023-11-17
The court held that the plaintiffs' claims were moot because the filing periods for H-1B visas had passed and the court could not grant meaningful relief. The court also found that the USCIS's rejection of petitions complied with regulations and that the Adjudicator's Field Manua
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Fla. 3d DCA·
2023-09-20
A trial court's lack of subject matter jurisdiction makes its judgments void and such lack of jurisdiction cannot be conferred by waiver, acquiescence, or agreement of the parties.
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S.D. Fla.·
2023-09-20
The federal habeas petition is dismissed as untimely because the amended judgment vacating one count did not restart the one-year limitations period under AEDPA.
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The court held that sentence modifications that are nunc pro tunc or clerical corrections do not create a new judgment and therefore do not restart the AEDPA limitation period for filing a federal habeas petition.
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Fla. 5th DCA·
2023-09-08
The court affirmed the conviction and sentences but remanded to correct the judgment by explicitly stating the sentences were nunc pro tunc to when the appellant began serving his sentence.
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Fla. 5th DCA·
2023-09-08
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Fla. 3d DCA·
2023-07-26
A trial court must enter a written order finding a defendant competent to proceed, not merely an oral pronouncement, and failure to do so requires reversal and remand for entry of a nunc pro tunc written order or a new hearing.
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N.D. Fla.·
2023-05-15
A three-strike inmate who does not pay the filing fee at the time of filing and is not under imminent danger of serious physical injury at that time must have their case dismissed under 28 U.S.C. § 1915(g).
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S.D. Fla.·
2023-04-10
The federal court denied the petition for writ of habeas corpus because the state court's determination that the defendant was competent to stand trial, made nunc pro tunc, was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determinati
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M.D. Fla.·
2023-03-09
The court held that the petitioner's federal habeas petition was timely filed because his notice of appeal was deemed timely under Florida's prison mailbox rule, which tolled the statute of limitations.
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Fla. 2d DCA·
2023-01-06
A defendant has a due process right to an independent competency determination that cannot be waived by the defendant or trial court, and the trial court must enter a written competency order. When the record is unclear whether the defendant and counsel were present, whether part
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Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
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Fla. 5th DCA·
2022-11-14
A trial court's nunc pro tunc order adjudicating a defendant competent to proceed is not independently appealable under Florida Rule of Appellate Procedure 9.140(b).
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A state court's ministerial correction of a scrivener's error in a judgment to conform to the oral sentencing pronouncement does not create a new judgment for purposes of determining if a federal habeas petition is second or successive.
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Fla. 5th DCA·
2022-09-16
An amended judgment and sentence must be entered nunc pro tunc when a trial court orally grants a motion to correct sentencing error but fails to document the correction in written form.
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A trial court must conduct a competency hearing when it has reasonable grounds to question a defendant's competency, and failure to do so requires reversal and remand.
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Fla. 4th DCA·
2022-05-25
The court ordered joinder of the Human Resources Administration (HRA) and Protective Services for Adults (PSA) as parties to an eviction proceeding because complete relief for the mentally impaired tenant could only be accorded with their participation, and New York law grants th
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Fla. 3d DCA·
2022-04-06
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Fla. 2d DCA·
2022-02-09
The appellate court affirmed a foreclosure judgment but reversed an order denying a motion to vacate the sale. The court held that a foreclosure sale cannot occur while a timely motion for rehearing is pending, and a nunc pro tunc order cannot correct a sale that was prematurely
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S.D. Fla.·
2021-10-19
The district court affirmed the bankruptcy court's orders granting relief from the automatic stay and abstaining from hearing the adversary proceeding, finding no abuse of discretion.
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N.D. Fla.·
2021-10-12
An amended judgment imposed nunc pro tunc does not restart the federal habeas limitations period if it relates back to the original judgment date.
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Fla. 3d DCA·
2021-10-06
Cecilia Garcia appealed from multiple trial court orders in a dispute with Yamila Evertz. The appellate court dismissed the appeal for lack of jurisdiction because Garcia's notice of appeal was filed thirty-one days after Evertz's voluntary dismissal, exceeding the thirty-day dea
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Fla. 1st DCA·
2021-10-06
The appellate court affirmed the conviction, holding that the defendant failed to preserve the issue of competency for appeal. The court referenced a supreme court decision that eliminated the fundamental-error exception for competency claims not properly preserved.
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N.D. Fla.·
2021-09-30
Wilmario Devondric Trueblood challenged his 2014 Florida convictions for burglary and grand theft in a federal habeas corpus petition under 28 U.S.C. § 2254, raising claims regarding competency to stand trial, judicial impartiality, and denial of a second expert mental evaluation
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M.D. Fla.·
2021-09-21
A state prisoner's AEDPA limitations period does not restart when a sentence is amended nunc pro tunc to correct an omission, as this does not constitute a new judgment.
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The appellate court reversed a trial court's judgment for the defendant in a debt collection case. The court found that the trial court's conclusion that the defendant owed nothing was against the manifest weight of the evidence, and that the defendant did owe a specific amount f
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Fla. 3d DCA·
2021-08-04
Cecilia Garcia appealed four trial court orders in a dispute with Yamila Evertz, but the appellate court dismissed the appeal for lack of jurisdiction because Garcia's notice of appeal was filed thirty-one days after Evertz's voluntary dismissal of the action, exceeding the 30-da
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Fla. 2d DCA·
2021-06-11
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M.D. Fla.·
2021-06-07
A federal district court lacks jurisdiction to consider a second or successive habeas corpus petition unless the petitioner has obtained prior authorization from the appropriate court of appeals.
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Fla. 5th DCA·
2021-05-05
David McNeill appeals his conviction and sentence for sexual battery, challenging the trial court's competency determinations. The Florida Fifth District Court of Appeal reversed and remanded, holding that the trial court failed to make proper independent findings of competency p
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Fla. 1st DCA·
2021-04-12
The appellate court reversed a conviction and sentence for attempted armed robbery because the trial court failed to conduct a competency hearing and improperly imposed discretionary fines. The case highlights the mandatory procedural requirements for determining a defendant's co
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M.D. Fla.·
2021-03-25
The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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Fla. 4th DCA·
2021-03-24
Once a trial court appoints an expert to evaluate a defendant's competency, it has a duty to make an independent determination of competency and enter a written order; a defendant cannot stipulate to the ultimate issue of competency because doing so absolves the court of its duty
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Fla. 4th DCA·
2021-03-24
The appellate court granted relief in one case, allowing a new appeal for ineffective assistance of counsel regarding competency determinations, but denied relief in another case where no competency evaluation was sought. The court clarified the trial court's duty to independentl
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Fla. 5th DCA·
2021-03-18
Niccole Tapp appeals her conviction for burglary and petit theft, challenging the trial court's failure to hold a competency hearing before sentencing her. Although the trial court ordered psychological evaluations to assess competency, the record lacks evidence that the court ac
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Fla. 4th DCA·
2020-12-09
Appellant challenges his conviction and sentence for battery on a law enforcement officer, resisting an officer with violence, and providing a false name, arguing that the trial court failed to enter a written order of competency and failed to orally pronounce the public defender
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M.D. Fla.·
2020-11-20
The court held that an amended judgment correcting jail credit is not a new judgment that entitles the petitioner to a second round of federal habeas review.
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M.D. Fla.·
2020-11-18
The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than two years after the statute of limitations expired.