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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M.D. Fla.·
2024-07-10
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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Fla. 1st DCA·
2024-07-10
The petition for writ of habeas corpus was dismissed.
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The court held that the petitioner's habeas corpus petition was untimely filed and he failed to establish grounds for equitable tolling or actual innocence to overcome the procedural bar.
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Fla. 1st DCA·
2024-07-03
The petition for writ of habeas corpus was dismissed.
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A federal district court dismissed a habeas corpus petition under 28 U.S.C. §2241 filed by a petitioner against the State of Florida, finding that the petitioner failed to exhaust state remedies and that Younger abstention doctrine barred federal jurisdiction.
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M.D. Fla.·
2024-06-27
The court held that the petitioner's current habeas petition is duplicative and fails to overcome the Younger abstention doctrine, and thus, he is not entitled to a certificate of appealability.
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M.D. Fla.·
2024-06-27
The court held that the petitioner's habeas corpus petition was time-barred and that his claim for equitable tolling based on the confiscation of his legal property was insufficient.
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Fla. 1st DCA·
2024-06-26
Keith L. Calvin petitioned for a writ of habeas corpus to challenge his 2006 life sentence for second-degree murder. The Florida First District Court of Appeal dismissed the petition as frivolous and referred Calvin to the Department of Corrections for sanctions based on his patt
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The court held that the plaintiff's complaint was an impermissible shotgun pleading and patently frivolous, warranting dismissal.
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Fla. 1st DCA·
2024-06-20
A habeas corpus petition challenging the legality of a defendant's detention in Leon County. The court discharged the writ after finding the defendant failed to comply with statutory pretrial release requirements, rendering the detention lawful.
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S.D. Fla.·
2024-06-20
The court held that the petitioner's habeas petition was premature because his detention was lawful and within the presumptive six-month period following a final order of removal.
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Fla. 5th DCA·
2024-06-18
A petition for writ of habeas corpus may be dismissed without detailed explanation when it fails to meet the requirements for such relief.
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The court held that the habeas corpus application was time-barred and the applicant was not entitled to equitable tolling.
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M.D. Fla.·
2024-06-13
The court held that a federal prisoner's claim that a disciplinary proceeding violated due process due to the untimely receipt of a Disciplinary Hearing Officer's report is not grounds for habeas relief if the prisoner cannot demonstrate substantial prejudice, and that the admini
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M.D. Fla.·
2024-06-13
The court held that the petition for writ of habeas corpus must be dismissed without prejudice because the petitioner has not exhausted his state remedies.
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S.D. Fla.·
2024-06-13
Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
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The court held that the petitioner's claims were procedurally barred from federal review because he failed to exhaust state remedies by not presenting the federal nature of his claims to the state courts and did not demonstrate cause and prejudice or a miscarriage of justice.
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S.D. Fla.·
2024-06-11
The court denied the petition for writ of habeas corpus, finding that the state court's rejection of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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The court held that the state court's denial of the motion to suppress and the ineffective assistance of counsel claims were not unreasonable under AEDPA.
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S.D. Fla.·
2024-06-04
The court held that it lacks jurisdiction to consider a second or successive federal habeas petition when the petitioner has not obtained authorization from the Eleventh Circuit.
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S.D. Fla.·
2024-06-03
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 is not the proper avenue for a pre-trial challenge to a federal criminal prosecution when the petitioner can raise those issues within the ongoing criminal proceedings.
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M.D. Fla.·
2024-06-03
A pretrial detainee cannot seek federal habeas relief under § 2254, and relief under § 2241 is denied due to unexhausted claims and principles of abstention.
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M.D. Fla.·
2024-05-31
The court held that it cannot reopen the time to file an appeal because the motion was filed more than 180 days after the judgment was entered.
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S.D. Fla.·
2024-05-31
The court held that the petitioner's federal habeas petition was time-barred under AEDPA because it was filed more than one year after his judgment became final and he failed to demonstrate statutory tolling, equitable tolling, or actual innocence.
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M.D. Fla.·
2024-05-30
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and neither the actual innocence exception nor equitable tolling applied.
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Fla.·
2024-05-30
The Florida Supreme Court denied habeas corpus petitioner Reginald Scott Walter's successive petition challenging the sufficiency of evidence supporting his convictions and imposed pro se sanctions, barring him from filing future filings related to his case without being represen
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Fla. 1st DCA·
2024-05-29
A petition for writ of habeas corpus challenging the legality of confinement must satisfy the requirements established in Baker v. State.
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Fla. 1st DCA·
2024-05-29
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-05-29
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-05-29
The petition for writ of habeas corpus was dismissed.
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A father appealed a termination of parental rights judgment by filing a notice of appeal from an amended final judgment 30 days after the original judgment was entered. The appellate court dismissed the appeal for lack of jurisdiction because the amended judgment merely corrected
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The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended habeas petition.
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M.D. Fla.·
2024-05-20
Gregory Kennon, a Florida inmate, challenged his 2009 conviction for two counts of first-degree murder and armed burglary through a federal habeas petition alleging eight instances of ineffective assistance of trial counsel, including failures to investigate witnesses, call an al
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Adrian K. Gray filed a second petition for writ of habeas corpus in the Fifth District Court of Appeal, seeking review of successive claims from a 2004 Nassau County criminal case. The court dismissed the petition as successive and abusive, cautioning that further similar pro se
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Habeas corpus may not be used as a means to seek a second appeal or to litigate issues that could have been or were raised in a rule 3.850 motion.
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Fla. 1st DCA·
2024-05-15
The petition for writ of habeas corpus was dismissed.
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The court held that several of the applicant's claims were unexhausted and procedurally defaulted, and the actual innocence exception did not apply. The remaining claim was denied on the merits.
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S.D. Fla.·
2024-05-14
Tyrell Deronville, sentenced to life plus 30 years for second-degree murder and attempted second-degree murder in a shooting over a drug dispute, filed a federal habeas petition challenging his conviction based on claims of ineffective assistance of counsel. The district court di
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A trial court does not abuse its discretion in denying pretrial bond following an Arthur hearing when the specific facts of the case, including evidence unique to the defendant, support the finding that proof of guilt is evident or the presumption of guilt is great, even if bond
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The court held that the petitioner failed to show that the state appellate court unreasonably denied his claim that the charging document and verdict form resulted in a federal due process violation.
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M.D. Fla.·
2024-05-03
The court held that the petitioner's habeas corpus application was time-barred and dismissed it.
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M.D. Fla.·
2024-05-03
The court held that the petitioner's federal habeas petition was untimely filed and that he failed to establish grounds for equitable tolling.
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M.D. Fla.·
2024-05-03
The court held that the applicant's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act and denied a certificate of appealability.
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Fla. 5th DCA·
2024-05-02
A defendant found not guilty by reason of insanity may be involuntarily committed to DCF if the defendant is mentally ill and, because of that illness, is manifestly dangerous to himself or others. The court affirmed the trial court's commitment order where evidence showed Reynol
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M.D. Fla.·
2024-05-01
The court held that a motion for reconsideration of a denied habeas petition, which reasserts claims of innocence or attacks the merits of the prior decision, is a successive habeas petition requiring appellate authorization and thus dismissed for lack of jurisdiction. However, a
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Fla. 1st DCA·
2024-05-01
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-05-01
The court held that a pretrial detainee cannot seek habeas corpus relief under 28 U.S.C. § 2254, and relief under § 2241 requires exhaustion of state remedies and deference to ongoing state proceedings under the Younger abstention doctrine.
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The Third District Court of Appeal enforced a show cause order against Derrick Emile Lewis, an incarcerated pro se litigant who has filed numerous meritless post-conviction motions and habeas petitions over three decades. The court prohibited Lewis from filing further self-repres
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M.D. Fla.·
2024-04-29
A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is 'in custody' under the challenged judgment, and the one-year statute of limitations under AEDPA applies.
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M.D. Fla.·
2024-04-26
The court held that the petitioner's habeas corpus petition was untimely filed because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling.