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.·
2023-12-20
The court held that the petitioner failed to exhaust state remedies and the failure was not excused, thus the federal habeas petition was premature.
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The court held that the pro se plaintiff's complaint must be dismissed because it fails to state a claim, names improper defendants entitled to immunity, and raises an improper claim for excessive bail under § 1983. The motion to proceed in forma pauperis was also denied.
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M.D. Fla.·
2023-12-18
The court held that the petition for a writ of habeas corpus must be dismissed as moot because the petitioner received the requested program-based time credits, rendering the issue no longer live.
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M.D. Fla.·
2023-12-15
The federal court denied the petition for a writ of habeas corpus because the petitioner's Fourth Amendment claim was barred from federal review under Stone v. Powell.
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S.D. Fla.·
2023-12-15
Christopher Sutton, serving a life sentence for hiring someone to murder his parents, petitioned for federal habeas relief based on allegedly newly discovered evidence suggesting that a third party, not Sutton, had hired the perpetrator. The court dismissed the petition as time-b
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S.D. Fla.·
2023-12-14
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA's one-year statute of limitations because it was filed more than two years after the judgment became final and no exceptions applied.
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S.D. Fla.·
2023-12-14
David John Posta, convicted of DUI manslaughter in Florida, sought federal habeas relief challenging his conviction and 40-year sentence on multiple grounds, including claims that the trial court improperly considered an uncounseled Virginia conviction at sentencing and lacked ju
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Fla. 1st DCA·
2023-12-13
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2023-12-13
The court held that the petition for writ of habeas corpus must be dismissed without prejudice as duplicative and for issues to be raised on appeal.
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M.D. Fla.·
2023-12-13
The court held that the federal habeas petition was untimely filed under AEDPA and equitable tolling was not warranted.
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M.D. Fla.·
2023-12-13
Wesley Fox was convicted of robbing a PNC Bank in Florida while armed with a firearm and sentenced to thirty years imprisonment with a mandatory ten-year minimum. Fox's federal habeas petition challenging his conviction on multiple grounds—including denial of a trial continuance,
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M.D. Fla.·
2023-12-11
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period.
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S.D. Fla.·
2023-12-08
The court held that the petitioner's federal habeas petition was untimely filed under AEDPA's one-year statute of limitations.
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M.D. Fla.·
2023-12-07
The court held that the petitioner's federal habeas petition was time-barred under AEDPA and that he failed to establish grounds for equitable tolling.
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S.D. Fla.·
2023-12-07
The court held that a habeas petition must be dismissed if the petitioner is no longer in custody under the challenged conviction, failed to sign the petition, or failed to pay the filing fee or file a sufficient in forma pauperis motion.
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N.D. Fla.·
2023-12-06
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of confinement, and therefore, the case must be transferred.
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M.D. Fla.·
2023-12-04
Eric Eugene Fuller, an inmate convicted of second-degree murder in Florida state court in 2014, challenged his conviction through federal habeas corpus, raising four grounds alleging his trial counsel provided ineffective assistance. The District Court rejected all claims, findin
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The court denied the petition for a writ of habeas corpus, finding the petitioner's claim of ineffective assistance of counsel was refuted by the record.
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M.D. Fla.·
2023-11-30
The court held that the applicant's federal habeas corpus application was time-barred because he failed to demonstrate entitlement to equitable tolling.
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M.D. Fla.·
2023-11-30
Danny Hammond, an inmate convicted in 2015 of robbery with a weapon and sentenced to thirty years in prison, filed a federal habeas corpus petition challenging his conviction on seven grounds, primarily alleging ineffective assistance of trial counsel. The district court dismisse
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M.D. Fla.·
2023-11-29
A federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence if a § 2255 motion is available and adequate.
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M.D. Fla.·
2023-11-29
The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and no tolling events applied to make it timely.
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M.D. Fla.·
2023-11-27
The court held that the petitioner is entitled to discovery and an evidentiary hearing regarding his Giglio claim.
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Fla. 1st DCA·
2023-11-22
The petition for writ of habeas corpus was dismissed.
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The court denied the petition for writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel and due process violations were meritless.
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The court held that a pro se prisoner's complaint, filed without paying the filing fee and based on frivolous claims, must be dismissed with prejudice under the three-strikes provision of 28 U.S.C. § 1915(g).
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S.D. Fla.·
2023-11-20
The court denied the petition for writ of habeas corpus, finding no merit to the claims of ineffective assistance of counsel.
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M.D. Fla.·
2023-11-15
Federal habeas relief is denied because the state court's rejection of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2023-11-14
A federal court cannot grant habeas corpus relief for a state prisoner's claim that the prison's calculation of his release date violates state law or certain federal constitutional provisions not applicable to release date calculations.
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M.D. Fla.·
2023-11-08
The court held that the Florida Department of Corrections' calculation of the petitioner's gain time did not violate the ex post facto clause, as the state courts' decisions were not contrary to federal law and were based on a reasonable application of law and facts.
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M.D. Fla.·
2023-11-08
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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Tommy Lee Jones, convicted of fatally stabbing his wife Juanita Jones nine times in July 2013, sought federal habeas relief under 28 U.S.C. § 2254, raising ten grounds of ineffective assistance of counsel and other constitutional claims. The court denied his petition, finding tha
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M.D. Fla.·
2023-11-06
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because it was filed more than one year after his judgment became final.
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S.D. Fla.·
2023-11-03
Stephen Jerome Budd, a former teacher convicted of sexual battery and molestation of two students, filed a federal habeas petition challenging his conviction and life sentence. The court dismissed the petition in part for failure to exhaust state remedies and denied all remaining
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M.D. Fla.·
2023-11-03
The court held that the petition for a writ of habeas corpus must be dismissed because it fails to state any grounds for federal relief and the petitioner has not exhausted state remedies.
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M.D. Fla.·
2023-11-01
The court held that a claim based solely on the retroactive application of an amended state statute under state law is not cognizable on federal habeas corpus review.
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M.D. Fla.·
2023-10-31
The court held that the federal habeas petition was untimely filed under AEDPA's one-year statute of limitations, and thus dismissed the petition.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period, as the conviction became final on December 3, 2014, and the petition was filed on March 14, 2021.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice. A certificate of appealability was denied.
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N.D. Fla.·
2023-10-27
The court held that the petitioner's claims for equitable tolling based on lack of education, inmate law clerk failures, and separation from legal papers were insufficient to overcome the untimeliness of his habeas petition.
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M.D. Fla.·
2023-10-27
The petition for a writ of habeas corpus is dismissed without prejudice because the petitioner has not exhausted state remedies and the Younger abstention doctrine applies.
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M.D. Fla.·
2023-10-26
The petition for writ of habeas corpus is dismissed without prejudice because the petitioner failed to exhaust state remedies and the Younger abstention doctrine applies.
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M.D. Fla.·
2023-10-26
The federal court dismissed a state pretrial detainee's habeas corpus petition because he failed to exhaust state remedies and the Younger abstention doctrine applied.
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A state prisoner who files a pattern of repetitive, meritless pro se petitions may be sanctioned by barring future filings related to the underlying case unless represented by a Florida Bar member.
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A state prisoner who has filed over 300 meritless pro se petitions raising repetitive arguments previously rejected by the court has abused the court's judicial resources and may be sanctioned by requiring all future filings to be signed by a member of the Florida Bar.
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M.D. Fla.·
2023-10-25
An inmate convicted of burglary in Duval County, Florida filed a federal habeas corpus petition raising seven grounds for relief, including claims of insufficient evidence, ineffective assistance of counsel, and sentencing errors. The district court denied the petition, finding t
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Fla. 1st DCA·
2023-10-25
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M.D. Fla.·
2023-10-25
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because he failed to file it within the one-year limitations period and did not demonstrate entitlement to statutory or equitable tolling.
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S.D. Fla.·
2023-10-20
The petition for writ of habeas corpus is denied because the petitioner's claim that his arrest warrant was invalid is refuted by the record.
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The court held that the petitioner's claims were procedurally defaulted and, alternatively, failed on the merits due to a lack of prejudice from counsel's alleged errors.