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.·
2024-02-09
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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The court held that the applicant, now imprisoned for life, must proceed under 28 U.S.C. § 2254, not § 2241, to challenge his confinement.
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The court held that the applicant's claims were procedurally barred or lacked merit, and therefore denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2024-02-08
Wesley Grace challenged his Florida conviction for armed burglary with assault, aggravated assault, and tampering with a witness through a federal habeas corpus petition, claiming ineffective assistance of trial counsel on multiple grounds. The District Court denied all seven cla
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M.D. Fla.·
2024-02-08
The court held that a pretrial detainee's petition for a writ of habeas corpus must be dismissed without prejudice because the court must abstain under Younger v. Harris and the petitioner failed to exhaust state remedies.
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Fla. 1st DCA·
2024-02-07
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-02-07
The court held that a motion for reconsideration of a denial of a § 2255 motion was unwarranted as the movant failed to show a miscarriage of justice and his claim was procedurally barred. The court also held that a § 2241 petition was not the proper avenue for challenging the va
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M.D. Fla.·
2024-02-05
The court held that the petitioner is not entitled to federal habeas relief because the Supreme Court has not clearly established that a negotiated guilty plea is involuntary or unknowing solely due to the defendant's unawareness of the option to enter an open plea.
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M.D. Fla.·
2024-02-05
The court held that the petitioner's habeas corpus petition was time-barred because the claims were not filed within the one-year limitation period and equitable tolling and actual innocence did not apply.
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M.D. Fla.·
2024-02-05
The court held that the state court's adjudication that the petitioner's habitual felony offender sentence did not violate the Sixth Amendment was neither contrary to nor an unreasonable application of federal law.
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S.D. Fla.·
2024-02-01
The court held that the Petitioner's speedy trial rights were not violated because a detainer, without an arrest for the underlying charges, does not commence the speedy trial period under Florida law.
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M.D. Fla.·
2024-02-01
Clarence Leroy Palmore, a Florida prisoner, filed a federal habeas corpus petition challenging his conviction on the ground that he was charged by information rather than grand jury indictment, claiming a Fifth Amendment violation. The district court denied the petition, holding
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M.D. Fla.·
2024-01-31
The court held that most of the petitioner's claims were procedurally barred from federal review due to failure to raise them in state court. The remaining ineffective assistance of counsel claims lacked merit.
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Fla. 1st DCA·
2024-01-31
A trial court cannot impose a condition of pretrial release—specifically a monetary bond—that is unaffordable and unrelated to the defendant's financial circumstances, as this effectively converts the condition into an illegal jail term without compliance with the statutory pretr
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Habeas corpus is not available in Florida to obtain collateral postconviction relief that is properly pursued through a Rule 3.850 motion in the sentencing court.
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The appeal was dismissed pursuant to Wagner v. McDonough, 927 So. 2d 216, 217 (Fla. 1st DCA 2006).
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The court denied the plaintiff's construed motion for class certification. The court also reviewed the amended complaint under 28 U.S.C. § 1915A(b) for frivolousness, failure to state a claim, or seeking relief from immune defendants.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence were not supported by new, reliable evidence sufficient to overcome the time bar.
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The court held that the petitioner's claims were procedurally barred due to failure to exhaust state remedies and properly present federal issues, and that even if considered on the merits, the claims lacked merit under AEDPA's deferential standard.
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M.D. Fla.·
2024-01-30
Anesha Parker filed a federal habeas corpus petition under 28 U.S.C. § 2241 challenging an adjudication of incapacity issued by the District of Columbia's juvenile justice agency. The court denied the petition on jurisdictional grounds, finding Parker failed to meet the 'in custo
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M.D. Fla.·
2024-01-30
The federal court denied the petition for a writ of habeas corpus, finding that the state court's decisions were neither contrary to nor an unreasonable application of federal law and were not based on an unreasonable determination of facts.
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M.D. Fla.·
2024-01-30
The court held that the applicant's federal habeas corpus application was untimely because his state post-conviction motions did not properly toll the one-year limitation period, and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2024-01-30
The court held that the petitioner failed to demonstrate a reasonable probability that he would not have pleaded guilty and would have insisted on going to trial but for his counsel's alleged ineffectiveness in failing to investigate an insanity defense.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's motion for relief under Rule 60(b) was untimely and that the submitted evidence did not demonstrate actual innocence.
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M.D. Fla.·
2024-01-30
A district court lacks jurisdiction to consider a second or successive habeas corpus application without prior authorization from the court of appeals.
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S.D. Fla.·
2024-01-29
The court held that the Bureau of Prisons properly applied the maximum Federal Time Credits to the prisoner's transfer to supervised release and that such credits cannot be applied to reduce the term of supervised release itself.
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M.D. Fla.·
2024-01-26
The court held that the state court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2024-01-26
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2024-01-25
The court held that the petitioner's federal habeas petition was timely filed because the statute of limitations reset when the order revoking probation and the subsequent sentence became final after the conclusion of direct review.
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Ralph J. Hyppolite II filed a habeas corpus petition in the Southern District of Florida challenging his Air Force court martial sentence and subsequent parole status. The district court adopted in part a magistrate judge's recommendations, denying the habeas petition without pre
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Johnny Carter, a Florida prisoner, sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2014 convictions for two counts of armed robbery and grand theft of a motor vehicle based on a single incident in which he robbed a couple at gunpoint and stole their weapons a
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M.D. Fla.·
2024-01-23
The court held that a petition for writ of habeas corpus filed under 28 U.S.C. § 2241 is subject to the one-year statute of limitations applicable to state prisoners under 28 U.S.C. § 2254, and thus the petitioner's claim was untimely.
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M.D. Fla.·
2024-01-18
The court held that the petitioner procedurally defaulted his federal due process claim and failed to establish cause and prejudice to overcome the default, and thus denied his petition for a writ of habeas corpus.
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N.D. Fla.·
2024-01-17
The Court adopted the Magistrate Judge's Report and Recommendation, denying the petition for writ of habeas corpus and refusing a certificate of appealability.
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S.D. Fla.·
2024-01-12
The court held that the petitioner's federal habeas corpus petition was untimely under AEDPA's one-year statute of limitations because his subsequent state post-conviction filings were not "properly filed" and therefore did not toll the limitations period.
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The court held that the petitioner's claims for procedural due process violations, equal protection violations, and compassionate release were without merit and denied his petition for a writ of habeas corpus.
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An inmate who demonstrates a pattern of vexatious filing of meritless pro se petitions may be sanctioned by barring future filings related to the underlying case unless represented by counsel.
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M.D. Fla.·
2024-01-10
The court held that the petitioner's federal habeas petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and denied his claims for equitable tolling and actual innocence.
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M.D. Fla.·
2024-01-09
A prisoner serving a sentence for a § 924(c) offense is ineligible for time credits under the First Step Act, even after completing that specific sentence, because multiple consecutive sentences are treated as a single aggregate term for administrative purposes.
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M.D. Fla.·
2024-01-08
An inmate convicted of first-degree murder sought federal habeas relief challenging his conviction and death sentence by raising four grounds, primarily based on claims of ineffective assistance of counsel and actual innocence. The court denied relief on all grounds, finding that
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S.D. Fla.·
2024-01-03
The court held that the petition for a writ of habeas corpus must be denied because the petitioner failed to establish that the BOP revoked his Federal Time Credits without due process or that such credits could be applied to shorten his term of supervised release.
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M.D. Fla.·
2024-01-02
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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The court held that the petitioner's claims were procedurally defaulted or lacked merit, and therefore denied his petition for a writ of habeas corpus.
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The court held that a pro se prisoner's failure to disclose prior federal habeas cases, even if not material to the current claims, warrants dismissal without prejudice as malicious under 28 U.S.C. § 1915(e)(2)(B)(i).
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M.D. Fla.·
2023-12-28
The court held that the state postconviction court reasonably denied the petitioner's claim of ineffective assistance of counsel, as the petitioner failed to show deficient performance or prejudice under Strickland v. Washington, especially given the deference owed under AEDPA.
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M.D. Fla.·
2023-12-27
The court held that the petitioner received the due process required in prison disciplinary proceedings and that the decision was supported by sufficient evidence.
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The court held that the petitioner's claims were procedurally defaulted and not excused by any exceptions, thus denying his petition for a writ of habeas corpus.
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A habeas corpus petition that appears to be abusive, repetitive, malicious, or frivolous may be dismissed, and the petitioner may be warned of potential sanctions for future similar filings.
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The federal court denied a habeas corpus application because the claims were either procedurally defaulted or the state court's denial of the claims did not involve an unreasonable application of federal law.