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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S.D. Fla.·
2023-10-19
The court accepted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus.
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Fla. 1st DCA·
2023-10-18
The appellate court affirmed the lower court's denial of a habeas corpus petition. The court found that habeas corpus is not an appropriate vehicle for raising issues that were or could have been raised on direct appeal, and the petition was untimely.
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M.D. Fla.·
2023-10-16
Noni Jamil Stinson, a Florida inmate, sought federal habeas relief under 28 U.S.C. § 2254, challenging her 2013 state court conviction for manslaughter in the shooting death of her husband. The court denied her amended petition, which raised seven grounds for relief centered on c
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M.D. Fla.·
2023-10-13
The court held that the petition for writ of habeas corpus must be dismissed because it fails to state a claim for relief and the petitioner has not exhausted state court remedies.
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A second habeas corpus petition arising from the same underlying conviction must be denied and the petitioner cautioned against further frivolous filings on pain of sanctions.
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M.D. Fla.·
2023-10-12
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and that the circumstances presented did not warrant equitable tolling.
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M.D. Fla.·
2023-10-06
The court held that the petitioner's claims were either procedurally defaulted or without merit under AEDPA deference, and thus denied the petition for writ of habeas corpus.
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N.D. Fla.·
2023-10-04
The court held that it lacks jurisdiction to consider a second or successive habeas petition filed without prior Eleventh Circuit authorization and that challenges to clemency processes are not cognizable under § 2254.
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M.D. Fla.·
2023-10-03
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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M.D. Fla.·
2023-10-02
The federal court must abstain from exercising jurisdiction over a pretrial detainee's petition for writ of habeas corpus when there is an ongoing state criminal proceeding, absent narrow exceptions.
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M.D. Fla.·
2023-10-02
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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S.D. Fla.·
2023-09-30
The court adopted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus and refusing to issue a certificate of appealability.
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Sheppard sought federal habeas corpus relief challenging his 1985 conviction for sexual battery with a deadly weapon, raising five grounds including claims that trial counsel provided ineffective assistance by failing to call alibi witnesses and objecting to hearsay testimony, an
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M.D. Fla.·
2023-09-28
The petition for a writ of habeas corpus is dismissed as time-barred because it was filed outside the one-year limitation period established by AEDPA, and the petitioner failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2023-09-27
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations.
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M.D. Fla.·
2023-09-26
The court held that the Bureau of Prisons correctly calculated the petitioner's sentence, and he is not entitled to additional credit for time served or aggregation of his sentences under the governing statutes.
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The court held that the state court's denial of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Fla. 5th DCA·
2023-09-26
The State failed to establish good cause for extending a juvenile's secure detention beyond the initial 21-day period because it presented no competent evidence that additional prosecution time was needed and offered only conclusory assertions, without evidentiary support, that p
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M.D. Fla.·
2023-09-25
Dalvin Denson, convicted in 2012 in Duval County, Florida of attempted first-degree felony murder and related crimes, petitioned for federal habeas corpus relief claiming his trial counsel was ineffective for failing to locate a non-testifying witness, failing to object to hearsa
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A federal court rejected Jonas Tramell Griffin's habeas corpus petition challenging his conviction for robbery with a firearm and other felonies related to a 2014 Family Dollar store robbery in Florida. The court found that Griffin failed to exhaust one claim, and all remaining c
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The court denied the Petitioner's motion to alter or amend the judgment and his request for a certificate of appealability.
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M.D. Fla.·
2023-09-22
Zeigler, a Florida prisoner convicted of first-degree murder in the death of a two-year-old child, sought federal habeas relief under 28 U.S.C. § 2254 challenging his conviction on grounds of insufficient evidence, trial court errors, and ineffective assistance of counsel. The di
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Fla. 2d DCA·
2023-09-22
A habeas corpus petition filed in circuit court that alleges entitlement to immediate release must be filed in the circuit court of the county where the prisoner is detained, not the county where he was convicted.
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Fla. 2d DCA·
2023-09-22
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M.D. Fla.·
2023-09-21
The court held that the petitioner's claims were either not cognizable on federal habeas review, procedurally barred, or failed to meet the high standard for relief under AEDPA.
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M.D. Fla.·
2023-09-21
The court held that a petitioner who elects to represent himself cannot later claim ineffective assistance of counsel, and that the underlying claim of ineffective trial counsel was meritless.
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M.D. Fla.·
2023-09-20
A Florida prisoner challenged his convictions for assaulting and resisting a law enforcement officer, arguing the evidence was insufficient and his trial counsel was ineffective, but the federal district court denied his § 2254 habeas petition because the sufficiency-of-evidence
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S.D. Fla.·
2023-09-20
The federal habeas petition is dismissed as untimely because the amended judgment vacating one count did not restart the one-year limitations period under AEDPA.
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S.D. Fla.·
2023-09-20
The court held that a federal court must abstain from hearing a habeas petition challenging ongoing state criminal proceedings under the Younger doctrine, absent narrow exceptions.
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M.D. Fla.·
2023-09-18
The court held that the petitioner's claims for vacating his sentence were meritless, procedurally defaulted, or contradicted by the record, and thus his motion to vacate, set aside, or correct sentence was denied.
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M.D. Fla.·
2023-09-18
The court held that a federal habeas petition challenging a state conviction is premature if the state direct appeal is still pending, and the petitioner must exhaust state remedies first.
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M.D. Fla.·
2023-09-15
The federal court must abstain from exercising jurisdiction over a pretrial detainee's habeas corpus petition challenging state bond revocation proceedings.
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M.D. Fla.·
2023-09-15
Felix Luis Cuevas-Rodriguez, an inmate challenging his 2015 Florida conviction for vehicular homicide and related crimes, filed a federal habeas corpus petition alleging ineffective assistance of counsel, prosecutorial misconduct, and Brady violations. The district court denied t
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Fla. 5th DCA·
2023-09-15
A defendant's life sentences imposed under the habitual violent felony offender statute are lawful and not subject to correction under rule 3.800(a), and habeas corpus relief cannot be used as a substitute for timely postconviction motions or to relitigate claims previously raise
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M.D. Fla.·
2023-09-15
The federal court dismissed the petition for writ of habeas corpus without prejudice because the petitioner failed to state a claim cognizable in federal court and had not exhausted available state remedies.
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The court held that the petitioner's claims were unexhausted and procedurally barred, or alternatively, that the state court's adjudication was entitled to deference and not contrary to federal law.
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M.D. Fla.·
2023-09-13
The court held that a federal prisoner must exhaust administrative remedies before filing a petition for writ of habeas corpus challenging the Bureau of Prisons' sentence calculation.
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M.D. Fla.·
2023-09-13
The court held that sentence modifications that are nunc pro tunc or clerical corrections do not create a new judgment and therefore do not restart the AEDPA limitation period for filing a federal habeas petition.
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M.D. Fla.·
2023-09-12
The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and his state postconviction motion did not toll the period as it was deemed untimely by the state court.
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S.D. Fla.·
2023-09-11
The court held that the petitioner failed to exhaust administrative remedies and, alternatively, that the Bureau of Prisons properly calculated his earned time credits.
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The court held that the magistrate judge's denial of the petitioner's motion for release pending his habeas corpus action was not clearly erroneous or contrary to law.
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The court held that the petitioner's motion for reconsideration was denied because the prior order dismissing his Brady claim as procedurally barred was not final and the state court's application of the procedural bar was not incorrect.
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80 F.4th 1292·
11th Cir.·
2023-09-05
The Eleventh Circuit affirmed the district court's denial of the habeas petition, finding that the state court's rejection of the ineffective assistance of counsel claims was not contrary to federal law or based on unreasonable factual determinations.
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M.D. Fla.·
2023-09-01
The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, and thus petitioner is not entitled to habeas relief.
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M.D. Fla.·
2023-08-31
A federal court cannot grant habeas corpus relief under 28 U.S.C. § 2241 for a violation of state procedural rules or if the claim is moot, and requires exhaustion of state remedies.
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M.D. Fla.·
2023-08-31
The court held that a federal sentencing judge's recommendation for prisoner placement does not bind the Bureau of Prisons, and a federal sentence does not begin to run until a state prisoner is turned over to federal authorities after serving their state sentence.
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M.D. Fla.·
2023-08-31
The court held that a claim that the state court lacked jurisdiction does not provide an exception to the one-year limitations period under AEDPA for federal habeas corpus petitions.
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M.D. Fla.·
2023-08-29
The court granted the petitioner's motion to stay federal habeas corpus proceedings pending exhaustion of state remedies.
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M.D. Fla.·
2023-08-25
The court held that a federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 if the remedy under 28 U.S.C. § 2255 is available and adequate.