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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Richard A. Roberts, convicted of sexual battery on a child based on testimony from two victims describing abuse occurring in the early 1980s, sought federal habeas relief under 28 U.S.C. § 2254, raising seven grounds including claims regarding the admission of collateral-act evid
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M.D. Fla.·
2024-08-23
The federal court denied the habeas petition, finding the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law and not based on an unreasonable determination of facts.
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N.D. Fla.·
2024-08-22
The court held that the petitioner's submission should be dismissed without prejudice as this court is not the proper venue for a compassionate release motion, and the claims do not fit within the scope of 28 U.S.C. § 2241.
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An inmate who has filed multiple meritless pro se petitions may be barred from filing future pro se pleadings related to the same case and sanctioned for abuse of the Court's judicial resources when he demonstrates no remorse and continues the pattern of frivolous filings.
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A state prisoner who files multiple successive habeas petitions raising identical claims may be sanctioned with a pro se bar to protect the Court's limited judicial resources.
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N.D. Fla.·
2024-08-21
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, and no exceptions applied.
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M.D. Fla.·
2024-08-20
The court denied the petitioner's motion to submit video evidence and construed his motion for summary judgment as a reply, denying it without prejudice to allow for an amended reply.
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N.D. Fla.·
2024-08-20
The court held that the petitioner failed to exhaust administrative remedies before filing a petition for writ of habeas corpus, requiring dismissal.
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S.D. Fla.·
2024-08-20
The court recommended denying the petition for writ of habeas corpus, finding that the petitioner failed to demonstrate ineffective assistance of counsel under Strickland v. Washington.
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M.D. Fla.·
2024-08-20
The court held that the petitioner's Fourth Amendment claim is barred from federal habeas review.
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The court held that a federal habeas petitioner cannot obtain relief on a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it, and that the petitioner's claims of ineffective assistance of counsel lacked merit because his underlying Fourth Amen
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N.D. Fla.·
2024-08-19
The court held that the petitioner's habeas corpus petition should be dismissed for failure to exhaust administrative remedies, and alternatively, denied as meritless because she is statutorily ineligible for First Step Act credits.
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N.D. Fla.·
2024-08-19
The court recommended dismissal of the habeas corpus petition without prejudice.
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M.D. Fla.·
2024-08-19
Keith Patrick Henry, an inmate serving a twenty-year sentence for attempt to possess cocaine and conspiracy to traffic in controlled substances, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising eleven grounds of ineffective assistance of counsel and rel
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S.D. Fla.·
2024-08-16
A federal prisoner cannot use a petition for a writ of habeas corpus under 28 U.S.C. § 2241 to challenge the restitution portion of his sentence, as there is no significant connection between his physical custody and the requested relief.
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M.D. Fla.·
2024-08-15
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA because it was filed more than two months after the expiration of the one-year limitations period.
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M.D. Fla.·
2024-08-15
The court held that the habeas corpus application was untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA) because the applicant's prior state post-conviction motion was dismissed as untimely and therefore did not toll the federal limitation period.
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N.D. Fla.·
2024-08-15
The court recommended that the petition for writ of habeas corpus be denied because the petitioner failed to exhaust administrative remedies and her claims are otherwise without merit.
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N.D. Fla.·
2024-08-14
The court held that the petitioner failed to exhaust her administrative remedies before filing a petition for writ of habeas corpus.
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N.D. Fla.·
2024-08-14
The court held that the finding of threatening bodily harm was supported by some evidence, and the delay in receiving the disciplinary report did not prejudice the petitioner, thus denying the section 2241 petition.
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M.D. Fla.·
2024-08-14
The court held that a federal district court lacks jurisdiction over a habeas corpus petition when the petitioner is not 'in custody' under the challenged conviction, and the sentences for those convictions have expired.
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M.D. Fla.·
2024-08-13
The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish an actual innocence exception to the limitations period.
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M.D. Fla.·
2024-08-13
The court held that while the BOP's rule on time credit eligibility is facially valid, it was improperly applied to Petitioner by categorically denying credits for programming completed in BOP facilities simply because he was temporarily housed there on a federal writ.
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The court recommended dismissal of the petition without prejudice due to the petitioner's failure to comply with a court order.
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N.D. Fla.·
2024-08-12
The court held that the petitioner is not entitled to federal habeas relief because the state court's rejection of his ineffective assistance of counsel claim was not contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable de
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The court denied the petition for a writ of habeas corpus, finding no constitutional violations in the state court proceedings.
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The court held that the state court's rejection of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and thus habeas relief should be denied.
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S.D. Fla.·
2024-08-08
The court held that the Bureau of Prisons correctly applied the maximum allowable First Step Act Time Credits to the petitioner's sentence, and therefore, the petition for a writ of habeas corpus is denied.
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S.D. Fla.·
2024-08-08
A federal prisoner awaiting sentencing cannot use a § 2241 habeas petition to challenge the validity of his conviction or sentence; such claims must be brought under § 2255 after sentencing and exhaustion of direct appeal, and conditions of confinement claims belong in a § 1983 a
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M.D. Fla.·
2024-08-07
The court held that a habeas corpus petition is moot and must be dismissed once the petitioner is released from custody and no longer subject to the court's jurisdiction.
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Habeas corpus is not available in Florida to obtain collateral postconviction relief that is available through a rule 3.850 motion in the sentencing court.
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The court held that the petitioner's habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2024-08-06
The federal court denied the habeas petition, finding the state court's adjudications were neither contrary to nor an unreasonable application of federal law, and not based on an unreasonable determination of facts.
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M.D. Fla.·
2024-08-06
Robert Earl Hayes, a Florida inmate serving a life sentence as a prison releasee reoffender following conviction for three counts of robbery and one count of possession of ammunition by a convicted felon, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising
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M.D. Fla.·
2024-08-01
The federal habeas petition is dismissed as time-barred because the petitioner failed to demonstrate diligence or extraordinary circumstances for equitable tolling, and the alleged new evidence does not establish actual innocence.
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M.D. Fla.·
2024-07-31
The court denied the petitioner's motion for reconsideration because the cited Supreme Court decision did not constitute an intervening change in controlling law that would alter the prior judgment.
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The court held that the petitioner's federal habeas corpus application was time-barred because his state post-conviction relief petition was not properly filed and thus did not toll the statute of limitations.
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S.D. Fla.·
2024-07-26
Renell Jones sought federal habeas corpus relief challenging the admission of his confession in a murder trial, arguing Miranda violations and constitutional defects in his interrogation. The district court affirmed the magistrate judge's recommendation to deny the petition, find
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M.D. Fla.·
2024-07-25
The court held that the petitioner's claim of ineffective assistance of counsel was unexhausted and procedurally defaulted, and he failed to demonstrate cause and prejudice to overcome the default.
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Fla. 1st DCA·
2024-07-24
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-07-23
The court held that the petitioner failed to show that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2024-07-22
The court denied the petitioner's motion for reconsideration because he failed to provide grounds warranting such relief.
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The court held that the habeas corpus application was untimely filed and therefore dismissed.
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M.D. Fla.·
2024-07-18
A habeas corpus petition under 28 U.S.C. § 2254 is available only to challenge custody in violation of federal law, not to challenge the imposition of fees.
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M.D. Fla.·
2024-07-17
A plaintiff may not file duplicative complaints to expand legal rights; this case is dismissed for improper claim splitting.
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M.D. Fla.·
2024-07-17
Noe Juarez sought federal habeas corpus relief under 28 U.S.C. § 2254 challenging his Florida conviction for manslaughter while driving under the influence and related offenses, for which he received a twenty-year sentence. The federal court denied relief on all grounds, finding
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The court held that the plaintiff's complaint was a shotgun pleading and failed to state a claim, and his motion to proceed in forma pauperis was insufficient.
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S.D. Fla.·
2024-07-15
The court adopted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus.
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M.D. Fla.·
2024-07-11
The court held that the applicant must consolidate his habeas corpus challenges into a single action and address timeliness and filing fee requirements.
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Henderson, a state prisoner, sought federal habeas corpus relief under 28 U.S.C. § 2241 challenging a state speedy trial violation. The district court dismissed the petition as premature for lack of exhaustion of state remedies and because § 2241 is limited to federal constitutio