7,512 Florida cases classified under this topic, plus 5,491 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Habeas corpus is not a second appeal and cannot be used to litigate or relitigate issues which could have been, should have been, or were raised on direct appeal.
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M.D. Fla.·
2025-08-19
The court held that a habeas corpus petition under 28 U.S.C. § 2241 must be filed in the district of the petitioner's custodian, and therefore transferred the case.
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M.D. Fla.·
2025-08-18
The court held that the petitioner's trial counsel was not ineffective for failing to submit a written special jury instruction, as the standard instruction was sufficient and counsel's oral request was considered.
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N.D. Fla.·
2025-08-18
The court held that the First Step Act's amendment to the Good Conduct Time statute does not require retroactive recalculation of credits for completed sentences, and the petitioner failed to exhaust administrative remedies.
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M.D. Fla.·
2025-08-18
The court held that the state court's denial of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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The court held that the petitioner's habeas corpus petition was timely filed, denying the respondents' motion to dismiss.
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M.D. Fla.·
2025-08-14
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and procedurally barred due to failure to exhaust state remedies.
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Fla. 1st DCA·
2025-08-13
Habeas corpus is not available to collaterally attack a judgment and sentence when the claims can be raised by motion under Florida Rule of Criminal Procedure 3.850.
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M.D. Fla.·
2025-08-11
The court held that it has subject-matter jurisdiction over the habeas corpus petition and that the petition is ripe for review, as the presumptively reasonable detention period has expired.
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M.D. Fla.·
2025-08-11
Martinez filed a federal habeas corpus petition under 28 U.S.C. § 2241 challenging her detention in Hillsborough County jail on an out-of-state fugitive warrant. The district court dismissed the petition without prejudice because Martinez failed to exhaust available state court r
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N.D. Fla.·
2025-08-11
The court held that the petition for a writ of habeas corpus should be dismissed because it fails to state a legal or factual basis for relief and abstention is warranted under Younger v. Harris.
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M.D. Fla.·
2025-08-11
The district court dismissed the habeas corpus application because it was an unauthorized second or successive filing.
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S.D. Fla.·
2025-08-08
The court adopted in part the Magistrate Judge's Report and Recommendation, dismissing the complaint with prejudice and restricting the pro se plaintiff's future filings in the case.
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N.D. Fla.·
2025-08-07
The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 is not the appropriate vehicle to challenge ongoing criminal proceedings or conditions of confinement.
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N.D. Fla.·
2025-08-07
The court held that the respondent's motion to dismiss for failure to name a proper respondent should be denied, and the Clerk should substitute the Secretary of the Florida Department of Children and Families as the respondent.
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M.D. Fla.·
2025-08-06
The court held that federal courts should abstain from exercising jurisdiction over a pretrial detainee's habeas corpus petition when state court procedures can resolve the issues raised.
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Habeas corpus is not a vehicle for obtaining additional appeals of issues raised or waivable on direct appeal or in rule 3.850 proceedings.
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M.D. Fla.·
2025-08-06
The court granted the motion for rehearing, vacated the prior dismissal, and ordered the petitioner to show cause why his petition should not be dismissed as untimely.
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N.D. Fla.·
2025-08-05
A federal court should abstain from interfering with ongoing state criminal proceedings under the Younger doctrine unless narrow exceptions apply, which was not shown here.
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S.D. Fla.·
2025-08-05
The court recommended denying the Petition for Writ of Habeas Corpus, finding no constitutional error in the state court proceedings.
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The court held that the petitioner's claims are denied because they are either procedurally defaulted, not cognizable, or fail to meet the high bar for federal habeas relief under AEDPA.
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A prisoner's § 1983 civil rights action is barred if a judgment in favor of the plaintiff would necessarily imply the invalidity of their conviction or sentence, unless the conviction has been invalidated.
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M.D. Fla.·
2025-08-04
The court held that the amended petition for writ of habeas corpus was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). A certificate of appealability is not warranted.
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The court held that the petitioner's habeas corpus petition was untimely filed and not entitled to equitable tolling or the actual innocence exception.
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Fla. 6th DCA·
2025-08-01
A prisoner's petition for writ of habeas corpus challenging close management confinement must be filed in the circuit court of the county in which the prisoner is detained, not transferred to the county where the state agency maintains its headquarters.
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M.D. Fla.·
2025-07-30
The court held that the state court's denial of the petitioner's claims was not contrary to or an unreasonable application of federal law, and was not based on an unreasonable determination of facts.
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N.D. Fla.·
2025-07-30
The court held that a habeas petition seeking to compel the Bureau of Prisons to transfer a prisoner to prerelease custody based on earned time credits fails because the prisoner did not allege sufficient facts and the court lacks the authority to order such a transfer, as placem
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Fla. 3d DCA·
2025-07-30
Mark A. Johnson sought parole after serving 25 years of a mandatory life sentence, claiming a right to parole. The court affirmed that parole in Florida is a matter of grace, not a right, and that the Parole Commission has discretion in deciding whether to grant parole according
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A circuit court has jurisdiction to hear a habeas corpus petition challenging the calculation of gain time and retention of jurisdiction over a sentence when filed in the county where the prisoner is detained.
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A successive habeas corpus petition raising claims that should have been presented on direct appeal is procedurally barred and must be dismissed.
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The court held that the petitioner's circumstances did not render the mandatory detention statute unconstitutional as applied, nor did they demonstrate a due process violation.
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Gregory Ponton filed a habeas corpus petition in the Florida District Court of Appeal, Third District, challenging his conviction or sentence. The court denied the petition, finding it without merit and citing recent precedent holding that Erlinger v. United States does not apply
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S.D. Fla.·
2025-07-29
The court held that the petitioner failed to exhaust her administrative remedies by not properly filing her initial grievance at the institutional level, thus her petition for writ of habeas corpus must be dismissed.
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M.D. Fla.·
2025-07-28
The court held that a petition for writ of habeas corpus is not the proper vehicle for challenging the conditions of confinement; such claims must be brought as a civil rights action under 42 U.S.C. § 1983. The court also held it lacked authority to order inmate transfers.
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Fla. 3d DCA·
2025-07-23
A petition for writ of habeas corpus cannot be used as a substitute for postconviction relief under Florida Rules of Criminal Procedure 3.800 or 3.850, and a litigant barred from proceeding pro se must comply with that bar by obtaining counsel to file any motion in the trial cour
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Fla. 1st DCA·
2025-07-23
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-07-23
The petition for writ of habeas corpus was dismissed.
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N.D. Fla.·
2025-07-23
The court held that the Bureau of Prisons (BOP) properly denied the petitioner's request for early release credit for participating in the Residential Drug Abuse Program (RDAP) because his conviction involved a firearm, making him ineligible under BOP regulations.
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When a habeas corpus petition challenging the legality of detention of minors charged as adults presents disputed material facts, the court shall appoint a commissioner to hold an evidentiary hearing and submit findings before proceeding.
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A petitioner claiming ineffective assistance of appellate counsel must establish both deficient performance constituting a serious error falling measurably outside the range of professionally acceptable performance and resulting prejudice that undermined confidence in the correct
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M.D. Fla.·
2025-07-22
The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to or an unreasonable application of federal law.
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N.D. Fla.·
2025-07-22
The court recommended denying the petitioner's request for a stay and granting the state's motion to dismiss the mixed habeas petition without prejudice, unless the petitioner amends the petition to remove unexhausted claims.
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M.D. Fla.·
2025-07-21
The court held that the petitioner is not entitled to a writ of habeas corpus because his petition lacks specificity, he has not exhausted state remedies, and the court must abstain from interfering in ongoing state criminal proceedings. A certificate of appealability is also den
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N.D. Fla.·
2025-07-21
The court held that the Bureau of Prisons has discretion in designating the timing and place of prerelease custody, and the statutes do not mandate immediate transfer.
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A federal habeas corpus petition was dismissed without prejudice for the petitioner's failure to comply with an Order to Show Cause within the deadline set by the court.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and equitable tolling and actual innocence exceptions did not apply.
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N.D. Fla.·
2025-07-20
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.·
2025-07-17
The court held that a federal prisoner challenging his sentence must use a motion under 28 U.S.C. § 2255, and such a motion is premature while a direct appeal is pending.
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M.D. Fla.·
2025-07-16
The court held that a federal habeas petition must be dismissed without prejudice if the petitioner has not exhausted all available state remedies.
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M.D. Fla.·
2025-07-16
The court held that the petitioner's federal habeas corpus petition was untimely and not subject to equitable tolling because she failed to demonstrate extraordinary circumstances and lacked diligence in pursuing her rights.