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.·
2024-03-21
The court found that the petitioner's claims must be evaluated under the deferential standards of AEDPA, and that the petitioner's release from custody raised a potential mootness issue requiring further briefing.
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M.D. Fla.·
2024-03-21
The court held that a federal district court lacks jurisdiction over a habeas corpus petition if the petitioner is not in custody under the challenged conviction at the time the petition is filed.
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S.D. Fla.·
2024-03-21
The court adopted the magistrate judge's recommendation to deny the pro se Petition for Writ of Habeas Corpus and denied a certificate of appealability.
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M.D. Fla.·
2024-03-20
The federal habeas petition is dismissed as time-barred because the petitioner's state postconviction motion was untimely and therefore did not toll the one-year limitations period under AEDPA.
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M.D. Fla.·
2024-03-19
The court held that it lacked subject matter jurisdiction to hear a habeas corpus petition under 28 U.S.C. § 2241 because the petitioner was challenging the validity of his sentence, not its execution, and the remedy under 28 U.S.C. § 2255 was not inadequate or ineffective.
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Fla. 6th DCA·
2024-03-18
A trial court may revoke pretrial release and deny reinstatement of bond under section 903.0471, Florida Statutes, when it finds probable cause that the defendant committed a new crime while on pretrial release, even if the state declines to prosecute the new crime. The statute c
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Fla. 6th DCA·
2024-03-18
The appellate court denied a petition for writ of habeas corpus, upholding the trial court's decision to revoke the defendant's bond. The court found that the statute allowing bond revocation for probable cause of a new crime does not require the state to prosecute that new crime
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The court held that a Rule 60(b) motion seeking to relitigate a previously denied habeas claim based on newly discovered evidence is a successive habeas petition, and since it was filed without authorization from the court of appeals, the district court lacks jurisdiction.
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M.D. Fla.·
2024-03-15
The court held that the applicant's petition for a writ of habeas corpus was premature because he had not exhausted state court remedies and his speedy trial claim was not yet constitutionally cognizable. The court also denied a certificate of appealability.
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M.D. Fla.·
2024-03-14
The court held that the petitioner's claims for federal habeas relief were meritless and denied the petition.
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M.D. Fla.·
2024-03-14
The court held that a state prisoner cannot evade the procedural requirements of 28 U.S.C. § 2254 by filing a petition under 28 U.S.C. § 2241, and that the current petition was improperly successive.
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M.D. Fla.·
2024-03-14
The court held that a federal habeas petition under 28 U.S.C. § 2241 may be moot if the state criminal proceedings have progressed significantly and the petitioner's competency has been restored.
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Fla. 1st DCA·
2024-03-13
A habeas petition may be dismissed when it seeks relief that would be untimely as a postconviction motion, raises claims that could have been raised at trial or on direct appeal, or constitutes a successive motion that fails to allege new grounds.
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Fla. 1st DCA·
2024-03-13
A habeas corpus petition raising issues that could have been or were raised on direct appeal is unauthorized and subject to dismissal.
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Joshua Brian Nibbelink, a Florida inmate, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2015 state court conviction for first-degree felony murder, kidnapping, and robbery. The district court reviewed the petition applying the deferential AEDPA sta
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The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either not cognizable, procedurally defaulted, or failed on the merits under AEDPA review.
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M.D. Fla.·
2024-03-11
The court held that appellate counsel was not ineffective for failing to raise claims that the charging information was defective or that the guilty plea was invalid, as these claims lacked merit under established law.
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M.D. Fla.·
2024-03-11
The court held that it lacks jurisdiction to consider a successive habeas petition without prior authorization from the Eleventh Circuit.
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M.D. Fla.·
2024-03-08
The court held that the petitioner's claims were procedurally defaulted and not cognizable on federal habeas corpus review, and therefore denied the petition.
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M.D. Fla.·
2024-03-08
The court held that the petitioner's habeas corpus petition is successive and untimely, and therefore dismissed.
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M.D. Fla.·
2024-03-08
The court held that the petitioner's claim regarding the denial of his motion for judgment of acquittal was procedurally barred because he failed to fairly present the federal nature of the claim to the state court. Even if considered on the merits, the claim failed.
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M.D. Fla.·
2024-03-07
The court held that a pre-trial detainee is not entitled to a writ of habeas corpus under 28 U.S.C. § 2241 to challenge the charging instrument in a pending state criminal proceeding.
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Robert Mueller, convicted of attempted second-degree murder, aggravated battery, and discharging a firearm in public, sought federal habeas relief challenging his forty-year prison sentence. The court denied his petition, finding that several claims were procedurally barred becau
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The court held that the applicant failed to present sufficient evidence of actual innocence to overcome the procedural default and untimeliness of his habeas corpus claims.
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Todd Curtis West, an inmate convicted of armed burglary with assault or battery, sought federal habeas relief under 28 U.S.C. § 2254, raising multiple claims of ineffective assistance of trial counsel. The district court denied all grounds, finding that the state court's rejectio
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The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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Fla. 1st DCA·
2024-03-06
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-03-06
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-03-06
The petition for writ of habeas corpus was dismissed.
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The federal court denied the petition for writ of habeas corpus because the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied federal law, or based on unreasonable factual determinations.
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M.D. Fla.·
2024-03-04
The court held that a federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 unless the remedy under 28 U.S.C. § 2255 is inadequate or ineffective.
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M.D. Fla.·
2024-03-01
The court held that a habeas petition is an unauthorized second or successive filing if the petitioner previously withdrew a petition after conceding it was time-barred, and that claims based solely on misapplication of state law are not cognizable on federal habeas review.
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N.D. Fla.·
2024-02-29
The court adopted the magistrate judge's report and recommendation, denying the petitioner's § 2254 petition.
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Fla. 1st DCA·
2024-02-28
A trial court properly dismisses a habeas petition when the petitioner raises claims that should have been brought on direct appeal or in timely postconviction motions and are successive in nature.
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M.D. Fla.·
2024-02-27
The court held that a federal court should not interfere with pending state criminal proceedings absent exceptional circumstances, and the petitioner's claims did not meet these exceptions.
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M.D. Fla.·
2024-02-23
The court held that the state court's denial of the petitioner's habeas corpus petition was not contrary to or an unreasonable application of federal law, and the factual determinations were not unreasonable.
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M.D. Fla.·
2024-02-23
Corey Bright, convicted of aggravated assault with a firearm for his role in a fatal shooting in Jacksonville, Florida, filed a federal habeas corpus petition challenging his twenty-three-year sentence on grounds including ineffective assistance of counsel and insufficient eviden
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The court held that the habeas corpus application was time-barred because it was filed more than three years after the federal limitation period expired.
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The court denied the inmate's motion to proceed in forma pauperis without prejudice and denied an inmate's request to appear as amicus curiae.
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S.D. Fla.·
2024-02-22
The petition is dismissed in part on procedural grounds and denied in part on the merits.
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M.D. Fla.·
2024-02-22
The court held that the petitioner's claims were procedurally barred or failed on the merits under AEDPA standards, and thus denied the petition for writ of habeas corpus.
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Fla. 1st DCA·
2024-02-21
A defendant cannot raise an ineffective assistance of appellate counsel claim for an issue that was identified in the Anders brief and considered by the appellate court during its mandatory independent review, as the affirmance constitutes a determination that the defendant recei
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M.D. Fla.·
2024-02-20
The federal court dismissed the petitioner's habeas corpus petition because he failed to demonstrate the necessary exhaustion of state remedies and did not meet the criteria for Younger abstention.
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S.D. Fla.·
2024-02-20
The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's habeas corpus petition.
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M.D. Fla.·
2024-02-20
The federal court denied the habeas petition, finding the state court's adjudication of the ineffective assistance of counsel claim was neither contrary to nor an unreasonable application of federal law.
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Fla. 1st DCA·
2024-02-14
A circuit court may dismiss a habeas corpus petition when the petitioner seeks relief that would be untimely if considered as postconviction relief, raises claims that could have been raised at trial or on direct appeal, or would constitute a second or successive motion under rul
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N.D. Fla.·
2024-02-14
The court held that the petitioner failed to provide sufficient evidence to establish the timeliness of his § 2254 petition under the prison mailbox rule, and thus the petition was dismissed as untimely.
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M.D. Fla.·
2024-02-13
The court held that the state court's adjudication of the petitioner's claim regarding ineffective assistance of counsel for failing to request a Richardson hearing was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2024-02-09
The court held that the petitioner's claim of ineffective assistance of counsel for failing to request a jury instruction on consent was procedurally barred and lacked merit, even if considered on the merits.
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S.D. Fla.·
2024-02-09
Issac Rodly Louinste petitioned for a federal writ of habeas corpus challenging his conviction for attempted first-degree murder. The district court dismissed the petition as untimely under the one-year filing deadline prescribed by 28 U.S.C. § 2244(d)(1)(A), finding that petitio