7,516 Florida cases classified under this topic, plus 5,492 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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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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Challenges to the Florida Parole Commission's presumptive parole release date determinations must be brought in Leon County Circuit Court, where the Commission is headquartered.
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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.
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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.·
2025-07-15
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate extraordinary circumstances justifying equitable tolling and did not act with reasonable diligence.
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M.D. Fla.·
2025-07-15
The court held that a second or successive petition for a writ of habeas corpus under 28 U.S.C. § 2254 must be dismissed if the petitioner has not obtained prior authorization from the court of appeals.
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M.D. Fla.·
2025-07-15
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish the actual innocence exception.
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N.D. Fla.·
2025-07-14
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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The court held that the petitioner's motion for reconsideration, construed as a Rule 59(e) motion for relief from judgment, was denied because it failed to present new evidence or demonstrate clear error, instead relitigating previously decided issues.
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The court held that the applicant's claims are procedurally barred from federal review because they were not properly exhausted in state court and the applicant failed to demonstrate cause and prejudice or a fundamental miscarriage of justice.
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M.D. Fla.·
2025-07-10
Kurt Van Zeeland, an inmate convicted of second-degree murder, sought federal habeas corpus relief arguing that his trial counsel was ineffective for misadvising him about a self-defense claim and for misrepresenting the sentence he would receive if he pleaded guilty. The distric
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The court held that it lacks jurisdiction to grant an extension of time to file a habeas petition before the petition itself has been filed.
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Fla. 1st DCA·
2025-07-02
The petition for writ of habeas corpus was dismissed.
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N.D. Fla.·
2025-06-30
The court held that a federal court lacks subject-matter jurisdiction to address motions or substantive matters when a petitioner has not filed an actual habeas corpus petition.
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A federal pretrial detainee cannot use a Section 2241 habeas corpus petition to challenge an ongoing criminal prosecution before trial, absent exceptional circumstances.
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141 F.4th 1231·
11th Cir.·
2025-06-30
Michael Sockwell was convicted of murder for pecuniary gain and sentenced to death by Alabama, and he challenged his conviction through habeas corpus on the grounds that the prosecution violated his Fourteenth Amendment equal protection rights by using peremptory strikes to syste
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M.D. Fla.·
2025-06-27
The court held that the petitioner is entitled to equitable tolling, making his federal habeas petition timely filed.
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M.D. Fla.·
2025-06-27
An inmate challenging his armed robbery conviction and life sentence filed a federal habeas petition raising seven grounds for relief, including claims regarding judicial jurisdiction, trial judge disqualification, ineffective counsel, sentencing errors, and waiver of counsel pro
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M.D. Fla.·
2025-06-26
A federal court cannot grant a Section 2241 petition unless the petitioner has exhausted all available state remedies, and the application is dismissed as premature if state remedies have not been exhausted.
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Fla. 1st DCA·
2025-06-25
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-06-25
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-06-25
The petition for writ of habeas corpus was dismissed.
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Successive petitions for the same relief under Florida Rule of Criminal Procedure 3.850 are not cognizable and may be summarily denied.
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N.D. Fla.·
2025-06-23
A pro se prisoner filed a federal habeas corpus petition under 28 U.S.C. § 2241 in the Orlando Division of the Northern District of Florida. The court ordered transfer of the case to the Tallahassee Division where the petitioner is actually incarcerated, as jurisdiction over § 22
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M.D. Fla.·
2025-06-23
Brian Keith Smith, a Florida inmate sentenced to life imprisonment for armed robbery, petitioned for federal habeas corpus relief raising eight claims, including trial court errors in allowing certain testimony and jury instruction issues, as well as several ineffective assistanc
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S.D. Fla.·
2025-06-23
The court held that it lacks subject matter jurisdiction to review the petitioner's claims challenging his expedited removal and detention, as these claims are barred by the Immigration and Nationality Act's limitations on judicial review.
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M.D. Fla.·
2025-06-23
A pro se prisoner filed a federal habeas corpus petition under 28 U.S.C. § 2241 in the Middle District of Florida, but the court lacked proper jurisdiction because the petitioner is incarcerated in the Northern District of Florida. The court transferred the case to the proper dis
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M.D. Fla.·
2025-06-23
The court held that the petitioner's petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be dismissed without prejudice because he failed to exhaust state remedies and the Younger abstention doctrine applies. The court also denied a certificate of appealability.
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M.D. Fla.·
2025-06-20
The petition for a writ of habeas corpus is dismissed as moot because the petitioner received a de novo disciplinary hearing and was provided the necessary documentation to appeal.
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M.D. Fla.·
2025-06-20
The court held that it lacks jurisdiction to consider a petition for a writ of habeas corpus when the petitioner has not exhausted administrative remedies with the Bureau of Prisons.
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M.D. Fla.·
2025-06-20
The court held that a petitioner may not maintain two actions on the same subject in the same court against the same defendant at the same time.
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M.D. Fla.·
2025-06-18
The court held that a pretrial detainee's habeas corpus petition under 28 U.S.C. § 2241 is not a proper avenue for claims that should be raised in the criminal case or a separate civil rights action.
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M.D. Fla.·
2025-06-18
The court held that the state court's denial of the petitioner's claims for ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's habeas corpus petition was untimely filed and denied his request for equitable tolling, as the circumstances did not constitute extraordinary reasons for delay.
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N.D. Fla.·
2025-06-17
A federal prisoner cannot use a § 2241 habeas petition to challenge their conviction or sentence unless the § 2255 remedy is inadequate or ineffective. Petitioner's claims do not meet the narrow exceptions for inadequacy.
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M.D. Fla.·
2025-06-17
Wayne Lamar McKinnies, a Florida prison inmate, filed a federal habeas corpus petition challenging his 2020 state court convictions for burglary of a dwelling and possession of cannabis, raising claims about defective jury instructions, ineffective assistance of trial counsel reg
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M.D. Fla.·
2025-06-16
Gary Penton, a Florida inmate convicted of armed robbery, petitioned for federal habeas corpus relief claiming six instances of ineffective assistance of trial counsel and alleging due process violations. The District Court denied his petition, finding that most ineffective assis
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M.D. Fla.·
2025-06-13
The court held that a pretrial detainee is not entitled to federal habeas corpus relief under 28 U.S.C. § 2241 because he failed to exhaust state remedies and the court must abstain from interfering in ongoing state criminal proceedings.
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N.D. Fla.·
2025-06-13
The court held that the habeas corpus petition is moot because the underlying issues have been resolved by subsequent state court actions, rendering the requested relief ineffective.
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N.D. Fla.·
2025-06-13
The court recommended dismissal of the habeas petition because it was duplicative and abstention was warranted under the Younger doctrine.
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The court held that a federal court cannot grant habeas relief for claims not cognizable under federal law or for which adequate state remedies exist. The court denied claims regarding prosecutorial fraud and due process violations for mandatory costs, and dismissed a claim about
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Petitioner sought a writ of habeas corpus under 28 U.S.C. § 2241 challenging his detention and seeking release to pursue asylum. The district court dismissed the petition for lack of subject matter jurisdiction, holding that immigration removal orders can only be reviewed through
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Fla. 1st DCA·
2025-06-11
The petition for writ of habeas corpus was dismissed.
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S.D. Fla.·
2025-06-11
The court held that a motion for reconsideration under Rule 59(e) must be based on newly discovered evidence or manifest errors of law or fact, and cannot be used to relitigate old matters or raise arguments that could have been previously presented.
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Fla. 3d DCA·
2025-06-11
An appellate court lacks jurisdiction to hear an appeal when the notice of appeal is not filed within 30 days of rendition of the order being appealed.
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Fla. 1st DCA·
2025-06-11
The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2025-06-11
Petitioner Abraham Mpaka filed a pro se petition for writ of habeas corpus alleging ineffective assistance of appellate counsel. The court dismissed the petition as unauthorized because Mpaka was already represented by counsel in a pending direct appeal involving the same convict
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M.D. Fla.·
2025-06-06
The court held that it lacked jurisdiction to grant a writ of habeas corpus under 28 U.S.C. § 2241 because the applicant sought to intervene in or review ongoing state criminal proceedings, which is barred by the Younger and Rooker-Feldman doctrines.