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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S.D. Fla.·
2025-01-21
The court held that the federal habeas petition is premature because a state post-conviction motion remains pending, and therefore state remedies are not fully exhausted.
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M.D. Fla.·
2025-01-21
The court held that the petitioner's claim of ineffective assistance of trial counsel was not substantial enough to overcome procedural default under the Martinez v. Ryan exception.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it with prejudice.
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Although a trial court must declare a bond forfeited when a defendant fails to timely appear, the court has discretion under § 903.26(2)(b) to set aside that forfeiture if the defendant appears the same day and doing so would serve the interests of justice. A trial court may abus
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M.D. Fla.·
2025-01-17
The court held that the petition for a writ of habeas corpus must be dismissed as duplicative of other pending and closed cases.
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N.D. Fla.·
2025-01-14
The court held that a case may be dismissed without prejudice for failure to comply with court orders, local rules, failure to prosecute, and failure to pay the filing fee or apply for in forma pauperis status.
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M.D. Fla.·
2025-01-14
The court held that the petitioner's habeas corpus petition was untimely and dismissed it.
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Fla. 6th DCA·
2025-01-10
Mark Jones appeals the circuit court's orders transferring his habeas corpus petitions challenging his assignment to Close Management II housing from Charlotte County to Leon County. The appellate court agrees with Jones that venue is proper in Charlotte County where he was incar
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Fla. 6th DCA·
2025-01-10
Mark Jones, an incarcerated individual, appealed the lower court's orders transferring his habeas corpus and mandamus petitions from Charlotte County to Leon County. The appellate court agreed with Jones that the petitions were properly construed as habeas corpus petitions for wh
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M.D. Fla.·
2025-01-09
The court held that trial counsel's failure to advise the petitioner of the maximum penalty he faced before rejecting a plea offer constituted ineffective assistance of counsel, warranting habeas corpus relief.
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M.D. Fla.·
2025-01-09
The court held that defects in state collateral proceedings are not cognizable for federal habeas relief, a plea agreement including a waived minimum mandatory sentence is permissible under Florida law, and a claim not raised in state court is procedurally barred unless specific
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Roderick James Ivery, a Florida prisoner convicted of sexual battery, filed a federal habeas petition under 28 U.S.C. § 2254 challenging his conviction. The district court denied relief on all grounds, finding no constitutional violations warranting federal habeas review and reje
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A non-attorney cannot represent another person's legal interests in federal court, even as a 'next friend'.
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M.D. Fla.·
2025-01-06
Donald Eugene Ward, Jr. filed a second federal habeas petition challenging his 1998 Marion County, Florida conviction. The district court dismissed the petition for lack of jurisdiction because it was successive to a prior § 2254 petition that had been dismissed as untimely, and
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M.D. Fla.·
2025-01-03
The court held that the petitioner failed to show that the state court's denial of his claims was contrary to or involved an unreasonable application of federal law, or was based on an unreasonable factual determination.
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Fla. 5th DCA·
2025-01-03
A pro se litigant whose filings are abusive, repetitive, malicious, or frivolous may be cautioned that further such filings will result in sanctions including a bar on pro se filing and referral for prison disciplinary proceedings.
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The court held that a second federal habeas petition filed without prior authorization from the court of appeals is successive and must be dismissed for lack of jurisdiction.
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The court denied the petition for a writ of habeas corpus, finding that the petitioner's claim regarding the denial of a mistrial was procedurally barred and, alternatively, meritless.
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M.D. Fla.·
2024-12-30
The court held that the applicant's habeas corpus petition was untimely and dismissed it as time-barred, denying a certificate of appealability.
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M.D. Fla.·
2024-12-23
The court held that the habeas corpus application was premature and dismissed it, denying a Certificate of Appealability and leave to appeal in forma pauperis.
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M.D. Fla.·
2024-12-23
The court held that the petition for writ of habeas corpus was untimely filed under AEDPA, and equitable tolling and actual innocence exceptions did not apply.
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Matthew Brodman filed a habeas corpus petition claiming ineffective assistance of appellate counsel after his conviction and sixteen-year prison sentence. The court dismissed the petition with prejudice because Brodman's twenty claims were conclusory and lacked sufficient support
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M.D. Fla.·
2024-12-18
The court held that a federal habeas petitioner cannot overcome a procedural default of an ineffective assistance of counsel claim based on a plea offer if the claim relies on evidence not presented in state court and the petitioner failed to diligently develop the factual basis
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M.D. Fla.·
2024-12-17
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and no basis existed to excuse the delay.
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M.D. Fla.·
2024-12-16
The court held that a federal habeas corpus petition filed after the one-year AEDPA limitations period expired is time-barred, and the petitioner failed to establish actual innocence to warrant an exception.
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The court held that the petitioner's claims regarding the sufficiency of charging informations, the retroactivity of a statutory amendment, and double jeopardy were meritless or not cognizable on federal habeas review.
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M.D. Fla.·
2024-12-10
The court held that the federal habeas petition was untimely under AEDPA and that the petitioner's claims lacked merit.
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N.D. Fla.·
2024-12-09
The petition for writ of habeas corpus is dismissed as moot because the petitioner received the requested relief, and also for failure to exhaust administrative remedies.
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M.D. Fla.·
2024-12-09
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA, and dismissed the case with prejudice.
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M.D. Fla.·
2024-12-09
The court adopted the magistrate judge's recommendation, denying the habeas corpus petition because the petitioner received adequate due process in prison disciplinary proceedings.
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M.D. Fla.·
2024-12-09
The court denied the motion for reconsideration because the petitioner failed to present new arguments or evidence justifying reconsideration.
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The court held that a state prisoner's federal habeas corpus petition under 28 U.S.C. § 2254 was untimely because it was filed more than one year after the judgment became final, and a subsequent nunc pro tunc correction of the sentence did not restart the limitations period.
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M.D. Fla.·
2024-12-06
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and dismissed the case.
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Fla. 1st DCA·
2024-12-04
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-12-04
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-12-04
The court held that a pretrial detainee cannot seek habeas corpus relief under 28 U.S.C. § 2254, and relief under § 2241 is barred by the Younger abstention doctrine and failure to exhaust state remedies.
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Fla. 1st DCA·
2024-11-27
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-11-27
A petition for writ of habeas corpus that does not meet the requirements established in Baker v. State must be dismissed.
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M.D. Fla.·
2024-11-27
George Tay challenged his state court convictions for possessing 100 counts of child pornography by filing a federal habeas petition claiming ineffective assistance of counsel. The federal district court denied Tay's petition after finding that trial counsel's performance was not
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S.D. Fla.·
2024-11-26
Joseph Haas, convicted of arson and attempted manslaughter arising from a fire at his house, sought federal habeas relief on grounds including double jeopardy, due process, and ineffective assistance of counsel. The court denied all claims but issued a certificate of appealabilit
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M.D. Fla.·
2024-11-26
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by AEDPA, and no tolling or equitable exceptions apply.
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M.D. Fla.·
2024-11-26
William Gary Hurst, convicted of first-degree murder in the 1982 death of his wife Amy Hurst based on evidence surfaced nearly thirty years later, sought federal habeas corpus relief challenging his conviction on multiple grounds including ineffective assistance of counsel and ju
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M.D. Fla.·
2024-11-25
Julio Villanueva-Vasquez petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, challenging his Florida state convictions for attempted second-degree murder, aggravated stalking, burglary with assault, domestic violence injunction violation, and criminal mischief ari
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M.D. Fla.·
2024-11-25
The district court lacks subject matter jurisdiction to review the denial of an adjustment of status application under INA § 245(a) due to the jurisdictional bar in INA § 1252(a)(2)(B).
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The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, and further amendment would be futile.
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The Florida First District Court of Appeal dismissed C.S.'s appeal from a circuit court decision regarding his minor child as untimely filed under the Florida Rules of Appellate Procedure, directing him to pursue a petition for writ of habeas corpus in the circuit court if he see
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The Florida First District Court of Appeal dismissed J.L.'s appeal from a Circuit Court decision regarding the Department of Children and Families, finding the appeal was untimely filed. The court directed the appellant to seek relief through a petition for writ of habeas corpus
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N.D. Fla.·
2024-11-15
Challenges to the validity of a criminal conviction are cognizable only in a habeas corpus action, not a civil rights action, unless the conviction has been invalidated.
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The court denied the motion for reconsideration because the petitioner failed to establish extraordinary circumstances and did not address the dispositive issue of whether his state motion was pending.
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The Florida District Court of Appeal, First District, denied William Lawrence's petition for a writ of habeas corpus challenging his pretrial detention order. The court found that the detention order was not based exclusively on inadmissible hearsay evidence and that petitioner f