Petition For Writ Of Habeas Corpus

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

• Cummings v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-09-27
  The federal court denied the habeas petition, finding no violation of the Double Jeopardy Clause, but granted a certificate of appealability on the double jeopardy issue.
• Crosby v. United States
  M.D. Fla.· 2024-09-27
  The court held that a federal court should not interfere with pending state criminal proceedings absent exceptional circumstances, and that claims must be exhausted in state court.
• Connolly v. Fla. Dep't of Corr.
  S.D. Fla.· 2024-09-27 ·via Habeas Corpus Petition
  Former FBI Special Agent John Joseph Connolly challenged his second-degree murder conviction for his role in the 1982 killing of John B. Callahan, arguing that Florida prosecutors committed a Brady violation by withholding a 2006 email from his trial in which an FBI supervisor st
• Martinez v. Meade
  S.D. Fla.· 2024-09-26
  The court held that it lacks jurisdiction to review the denial of bond or parole, as these are discretionary decisions by the Attorney General under the Immigration and Nationality Act, and the petitioner failed to establish the illegality of his detention.
• Pierre v. Dep't of Corr.
  S.D. Fla.· 2024-09-26
  The court held that the federal habeas petition was time-barred because the state post-conviction motion did not toll the limitations period, and the petitioner failed to establish actual innocence.
• Jones v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-09-25
  Rashane Jones, a Florida inmate convicted of three counts of attempted second-degree murder and one count of felon in possession of a firearm, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2014 state court conviction. The District Court for the Mid
• Shaw v. State
  Fla. 3d DCA· 2024-09-25
  A habeas corpus petition filed by a civilly committed sexually violent predator must be filed in the county where the facility in which the petitioner is confined is located, not in the county where the judgment was rendered, and the trial court in the judgment county lacks autho
• Ruff v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-09-25
  A freestanding claim of actual innocence based on newly discovered evidence is not cognizable on federal habeas corpus review under 28 U.S.C. § 2254 in non-capital cases.
• Corpus v. Sec'y, Dep't of Child. & Fam. Servs.
  M.D. Fla.· 2024-09-25
  The court held that a federal habeas petition is premature if the petitioner has not exhausted all available state remedies, including appeal to the state's highest court.
• Lepore v. State
  N.D. Fla.· 2024-09-23
  The court held that a state pretrial detainee must exhaust all available state remedies before seeking a writ of habeas corpus under 28 U.S.C. § 2241.
• Claudio v. Sec'y, Dep't of Corr. (Putnam)
  M.D. Fla.· 2024-09-23
  The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
• Rufus v. Dir. of Geo Residential Reentry Ctr.
  M.D. Fla.· 2024-09-20
  A federal prisoner must exhaust administrative remedies before seeking a writ of habeas corpus under 28 U.S.C. § 2241 to challenge the execution of his sentence.
• Wright v. Sec'y, Dep't of Corr. (Polk)
  M.D. Fla.· 2024-09-18
  Federal habeas relief is denied because the petitioner's claims are either not cognizable in federal court as they involve state law issues or fail to demonstrate that the state court's adjudication was contrary to or an unreasonable application of federal law.
• Floyd v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-09-18
  The court denied the petition for writ of habeas corpus, finding no constitutional violation or unreasonable application of federal law by the state courts.
• Markovich v. Heuett
  S.D. Fla.· 2024-09-17
  The court held that a federal prisoner must exhaust administrative remedies with the Bureau of Prisons before seeking a writ of habeas corpus under 28 U.S.C. § 2241 to challenge the computation of sentence credits.
• Taylor v. Fla. Dep't of Corr.
  M.D. Fla.· 2024-09-17
  The court held that the petitioner received all the due process he was entitled to under Wolff v. McDonnell, and the state court's decision was not contrary to federal law or based on an unreasonable determination of facts.
• Crawford v. Sec'y, Dep't of Corr. (Pasco County)
  M.D. Fla.· 2024-09-17
  A federal habeas court denied Greg Crawford's petition challenging his Florida conviction for lewd or lascivious battery on a 15-year-old girl, holding that trial counsel was not ineffective for advising him not to testify, failing to call certain witnesses, or forgoing certain c
• Koelemij v. Sec'y Dep't of Corr. State of Fla.
  N.D. Fla.· 2024-09-16
  The court held that the petitioner's arguments did not meet the high standard required for federal habeas corpus relief under 28 U.S.C. § 2254(d) and that the arguments were frivolous.
• Hastings v. McNeil
  N.D. Fla.· 2024-09-16
  The court held that a federal court should abstain from interfering with pending state criminal proceedings under the Younger doctrine when state remedies are available and no extraordinary circumstances exist.
• Pollock v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-09-13 ·via Habeas Corpus Petition
  The court held that most of the applicant's claims are procedurally barred from federal review due to failure to exhaust state remedies or procedural default, and the applicant failed to establish cause and prejudice or a fundamental miscarriage of justice.
• Akins v. State
  Fla. 5th DCA· 2024-09-13
  A prisoner's repeated pro se filings asserting identical claims stemming from the same conviction may be summarily dismissed with prejudice and subject to sanctions when determined to be abusive, repetitive, malicious, or frivolous.
• Borner v. State
  N.D. Fla.· 2024-09-11
  The court recommended dismissal of the habeas petition because the petitioner failed to comply with a court order and the case became moot upon his conviction.
• Lewis v. Sec'y, Dep't of Corr. (Lee County)
  M.D. Fla.· 2024-09-11
  The court held that a federal habeas petition is premature if the petitioner has not exhausted all available state remedies.
• Paige v. Dixon
  N.D. Fla.· 2024-09-11
  The court held that a district court lacks jurisdiction to consider a second or successive habeas corpus petition that has not been authorized by the appropriate court of appeals.
• Rivera v. Sec'y, Dep't of Corr. (Hernando)
  M.D. Fla.· 2024-09-10
  The court denied a federal habeas corpus petition because the petitioner failed to show that state courts unreasonably applied federal law or made unreasonable factual determinations regarding his claims of ineffective assistance of counsel.
• Reilly v. Dixon
  N.D. Fla.· 2024-09-10
  The court accepted the Magistrate Judge's report and recommendation, denying the petition for a writ of habeas corpus and denying a certificate of appealability.
• Mills v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-09-09
  Henry Coldridge Mills, a Florida inmate serving a twenty-year sentence for attempted second-degree murder and firearms offenses, filed a federal habeas petition challenging his state conviction on six grounds, including claims of ineffective assistance of counsel, evidentiary err
• Tribble v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-09-06
  The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it.
• Burke v. Warden, Desoto Corr. Inst.
  M.D. Fla.· 2024-09-05
  The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not the proper vehicle to challenge the validity of a federal conviction or sentence based on an allegedly illegal indictment. Such claims must be brought under 28 U.S.C. § 2255, and petitioner had
• Holt v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2024-09-05
  James Willie Holt, an inmate challenging his 2016 conviction for lewd or lascivious molestation of a three-year-old, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising four grounds including claims of ineffective assistance of trial counsel and confrontat
• Jennings v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2024-09-05
  The court held that the exclusion of physical handwritten cards did not violate the petitioner's right to present a defense, and that claims of prosecutorial misconduct and ineffective assistance of counsel were either procedurally barred or reasonably rejected by the state court
• Martin v. Warden, Orange Cnty. Corr. Dep't
  M.D. Fla.· 2024-09-05
  The court denied the petitioner's motion for relief from judgment, finding her arguments for fraud on the court and lack of jurisdiction to be without merit.
• Wingard v. Sec'y Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-09-05
  Louis Alexander Wingard, a state prisoner convicted of home invasion robbery and other firearms offenses, filed a federal habeas petition challenging his conviction on nine separate grounds, all of which were either procedurally defaulted or lacked merit under AEDPA's deferential
• Poole v. Dixon
  N.D. Fla.· 2024-09-05
  Curtis Wedo Poole petitioned for federal habeas corpus relief, challenging his state conviction on six counts including resisting an officer, battery, and drug possession, arguing his trial counsel provided ineffective assistance by failing to file motions to suppress and investi
• Aloba v. Warden, FCC Coleman 1
  M.D. Fla.· 2024-09-04
  The court denied the petitioner's motions to suspend local rules, reconsider a prior order, and amend his petition, as the claims were not properly brought under the requested procedural avenues.
• Hunter v. United States Marshals Serv.
  N.D. Fla.· 2024-09-03
  The court recommended dismissal of the amended petition for writ of habeas corpus without prejudice due to Petitioner's failure to comply with court orders and failure to present a viable claim.
• Tubbs v. Dixon
  N.D. Fla.· 2024-09-03 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  The court held that the petitioner's federal habeas corpus petition was untimely filed, as it was filed after the expiration of the one-year limitations period. A certificate of appealability was denied.
• Cummings v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-08-29 ·via 28 U.S.C. § 2254 Petition For Writ Of Habeas Corpus
  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.
• Wright v. State
  Fla. 3d DCA· 2024-08-28 ·via Habeas Corpus Petition
  Appellate counsel's failure to raise meritless issues does not constitute ineffective assistance of counsel.
• Tajhon Wilson v. State
  393 So. 3d 817· Fla. 3d DCA· 2024-08-28 ·via Habeas Corpus Petition
  Habeas corpus is not an appropriate vehicle for relitigating issues that were raised or should have been raised on direct appeal or in post-conviction proceedings.
• Brooks v. Dixon
  Fla. 1st DCA· 2024-08-28 ·via Writ Of Habeas Corpus
  A habeas petition challenging close management status placement must exhaust administrative remedies, and claims not subject to dismissal on that ground are reviewed under the certiorari standard rather than habeas review.
• Borner v. State
  Fla. 1st DCA· 2024-08-28
  A petition for writ of habeas corpus that does not meet the requirements established in Baker v. State must be dismissed.
• Rodriguez Torres v. Sec'y, Dep't of Corr. (Pinellas)
  M.D. Fla.· 2024-08-28
  The court held that the state court's rejection of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
• Streeter v. Sec'y, Dep't of Corr. (Polk County)
  2024 WL 964197· M.D. Fla.· 2024-08-28
  The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and her claims for equitable tolling were insufficient.
• Colon v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-08-28
  The court held that the applicant's petition for a writ of habeas corpus was untimely and therefore dismissed.
• Ocampo-Vergara v. Gabby
  N.D. Fla.· 2024-08-28
  A prisoner's request for a transfer to a different facility is not cognizable under a habeas corpus petition and is subject to dismissal for failure to exhaust administrative remedies.
• Morales v. Dixon
  N.D. Fla.· 2024-08-28
  A state inmate does not possess a constitutional liberty interest in being transferred to or housed in a particular correctional facility, and therefore, a petition for writ of habeas corpus challenging such transfers fails to state a claim for relief.
• Griffin v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2024-08-27
  The court held that a habeas petition challenging a conditional release revocation is moot and must be dismissed for lack of jurisdiction once the petitioner's sentence has expired.
• Armstrong v. State of Fla. & Grady Judd
  Fla. 6th DCA· 2024-08-26
  Section 907.041(5)(d) does not violate article I, section 14 of the Florida Constitution because the heightened proof standard of "proof of guilt is evident or the presumption is great" applies only to capital and life felony cases, not first-degree felonies, and the "substantial
• Muniz v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2024-08-23
  The court held that the petitioner's claims of ineffective assistance of counsel were meritless, as the state courts' factual findings were reasonable and entitled to deference under AEDPA.