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.·
2023-08-24
A federal court lacks subject-matter jurisdiction over a habeas petition if the petitioner is no longer in custody under the challenged conviction because the sentence has fully expired.
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M.D. Fla.·
2023-08-24
A Florida state prisoner, Carlos Rivas, sought federal habeas corpus relief challenging his conviction for first-degree premeditated murder and theft, claiming ineffective assistance of trial counsel, improper exclusion of expert testimony on brain impairment, and violation of Mi
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Joseph Durham, convicted of sexual battery of a child and other crimes, sought federal habeas relief under 28 U.S.C. § 2254, claiming his trial counsel provided ineffective assistance in eight ways, including failing to file a motion to recuse the trial judge, neglecting to hire
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M.D. Fla.·
2023-08-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and was therefore dismissed with prejudice.
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Fla. 1st DCA·
2023-08-23
A trial court may dismiss a habeas corpus petition when the petitioner 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 second or successive motion lacking new grounds for reli
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M.D. Fla.·
2023-08-23
Donald Dial, an inmate convicted of armed robbery in 2016, filed a federal habeas petition challenging his conviction under 28 U.S.C. § 2254, raising six grounds for relief including claims of ineffective assistance of trial counsel. The federal district court found the petition
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N.D. Fla.·
2023-08-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2023-08-18
Sayton Waller, an inmate convicted in 2015 of murder in the first degree, attempted murder in the first degree, and shooting deadly missiles, filed a federal habeas petition challenging his conviction, arguing that his trial counsel was ineffective for failing to call witnesses a
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S.D. Fla.·
2023-08-17
The Court held that a legal decision in another case does not constitute a new factual predicate for extending the habeas petition's limitations period. The petition was untimely.
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M.D. Fla.·
2023-08-17
The court held that 8 U.S.C. § 1252(g) bars federal jurisdiction over a habeas corpus petition challenging an arrest and custody that arise from the commencement of removal proceedings, even if the underlying status rescission is also challenged.
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Fla. 2d DCA·
2023-08-16
A trial court may not place a juvenile alleged to be delinquent in secure detention based solely on the unavailability of more appropriate facilities, even when the juvenile has been found incompetent to proceed and is awaiting placement in a community treatment program. Section
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Fla. 1st DCA·
2023-08-16
A habeas corpus 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 second or successive motion without new grounds for relief.
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M.D. Fla.·
2023-08-15
The court held that the petitioner's habeas corpus petition was timely filed under the mailbox rule, and therefore, the motion to dismiss based on untimeliness is denied.
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M.D. Fla.·
2023-08-15
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and equitable tolling was not warranted.
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David Disdier challenged his state convictions for racketeering conspiracy, drug trafficking conspiracy, and related offenses on federal habeas review, but the district court found most of his claims procedurally defaulted and rejected his ineffective assistance of counsel claims
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M.D. Fla.·
2023-08-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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M.D. Fla.·
2023-08-15
The court held that a federal prisoner's habeas petition challenging the Bureau of Prisons' sentence calculation must be dismissed for failure to exhaust administrative remedies, absent specific facts showing remedies were unavailable or a valid separation of powers defense.
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S.D. Fla.·
2023-08-14
The court held that the state court reasonably applied Strickland and Giglio standards in denying the petitioner's claims, and that the petitioner failed to demonstrate that the state court's decisions were contrary to or involved an unreasonable application of clearly establishe
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M.D. Fla.·
2023-08-14
The court held that the petitioner's motion for relief from a prior federal habeas denial, filed over thirty-five years later, was untimely under Rule 60(b)(2) and (3) of the Federal Rules of Civil Procedure.
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Mario Cardenas petitioned for federal habeas corpus relief challenging his state court convictions for conspiracy to purchase cocaine and attempted cocaine trafficking, claiming the trial court violated his rights by denying disclosure of a confidential informant's identity and a
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S.D. Fla.·
2023-08-13
The court denied the petitioner's third motion to proceed in forma pauperis on appeal because it failed to comply with federal rules and appellate procedure requirements.
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M.D. Fla.·
2023-08-11
The court held that the habeas petition was timely filed because the state appellate court's acceptance of an amended petition related back to the original filing date for tolling purposes.
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The court held that the petitioner's claims of ineffective assistance of counsel regarding his decision to testify and a rejected plea offer were without merit, and the cumulative error claim also failed.
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The court accepted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Section 2254 Habeas Petition and denying a certificate of appealability.
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M.D. Fla.·
2023-08-07
An inmate serving a life sentence for seven counts of sexual battery challenged his conviction through a federal habeas petition, claiming his trial counsel was ineffective for failing to object to hearsay testimony, failing to challenge a victim's identification, and failing to
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S.D. Fla.·
2023-08-04
The court held that the petitioner's claims were adjudicated on the merits by the state court and did not meet the high bar for federal habeas relief under AEDPA, as counsel's strategic decisions were reasonable and motions to suppress would have been futile.
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M.D. Fla.·
2023-08-02
A federal district court denied an inmate's habeas corpus petition challenging his 2014 Florida conviction for lewd and lascivious battery on a minor, rejecting seven grounds claiming ineffective assistance of trial counsel and trial court error. The court applied the highly defe
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Herman Paul Solano sought federal habeas relief under 28 U.S.C. § 2254, challenging his St. Johns County convictions for violations of pretrial release, aggravated battery, false imprisonment, shooting into a building, and burglary with an assault or battery. The court denied all
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The court held that the petitioner's habeas claims were procedurally barred due to failure to exhaust state remedies and lack of cause or prejudice, and alternatively, the claims failed on the merits.
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Mario Ayende-Rios sought federal habeas relief challenging his convictions on twelve drug-related offenses, arguing ineffective assistance of counsel and sufficiency of the evidence based on entrapment defenses. The court denied all seven grounds for relief, finding that most cla
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M.D. Fla.·
2023-08-01
The court held that the applicant's current habeas corpus application is an unauthorized second or successive application because the amended judgment correcting a clerical error did not constitute a new judgment authorizing confinement. Therefore, the district court lacks jurisd
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M.D. Fla.·
2023-08-01
The court held that the petitioner is time-barred from challenging two of his convictions and is no longer in custody for one, but the timeliness of challenging a third conviction remains undetermined. The court rejected the respondent's argument that the petitioner was not 'in c
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M.D. Fla.·
2023-08-01
The federal habeas petition is dismissed as time-barred because the one-year statute of limitations expired before the petition was filed and subsequent state post-conviction filings did not toll the period.
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M.D. Fla.·
2023-07-31
The court held that the petitioner's claims were without merit and that the state court's decisions were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-07-31
Alexander Richardson sought federal habeas relief challenging his Florida conviction for second-degree murder in the death of his girlfriend Josephine Austria, alleging ineffective assistance of trial counsel on eleven separate grounds including counsel's failure to seek a jury i
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75 F.4th 1164·
11th Cir.·
2023-07-28
The Eleventh Circuit held that the state habeas court's determination that the petitioner would not have accepted a 30-year plea offer, based solely on his prior assertions of innocence, was an unreasonable determination of fact under AEDPA. The court also found the ACCA's conclu
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M.D. Fla.·
2023-07-27
The court held that a federal prisoner cannot use a § 2241 petition to challenge the validity of his sentence when a § 2255 motion is available.
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M.D. Fla.·
2023-07-25
The court held that the petitioner's claims were procedurally barred or lacked merit under the deferential AEDPA standard, affirming the denial of federal habeas relief.
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M.D. Fla.·
2023-07-24
The court held that the petitioner failed to show the state court unreasonably denied his claims of ineffective assistance of counsel and actual innocence, and thus denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2023-07-24
The court denied Petitioner's Petition for Writ of Habeas Corpus, finding that the state court's decisions were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-07-21
A federal district court lacks jurisdiction to entertain a second or successive habeas corpus petition without prior authorization from the appropriate court of appeals.
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M.D. Fla.·
2023-07-20
The court held that the petitioner's claims were either not cognizable in federal habeas corpus, procedurally barred due to failure to properly present them in state court, or failed on the merits.
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M.D. Fla.·
2023-07-20
Candace Jackson challenged her St. Johns County conviction for second-degree murder, attempted second-degree murder, and aggravated battery through a federal habeas corpus petition under 28 U.S.C. § 2254, raising eleven grounds alleging ineffective assistance of counsel and insuf
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M.D. Fla.·
2023-07-19
The district court denied a former soldier's petition for a writ of habeas corpus, finding that his claims were either procedurally barred due to failure to exhaust military remedies or had been fully and fairly considered by the military courts.
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M.D. Fla.·
2023-07-19
The court held that Petitioner's claims for federal habeas relief lack merit, as the state court decisions were not contrary to or unreasonable applications of federal law, and claims were procedurally barred or meritless.
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M.D. Fla.·
2023-07-19
The court denied the petition for writ of habeas corpus, finding that the state court's decisions regarding ineffective assistance of counsel were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-07-17
The court held that it lacks jurisdiction to consider a second or successive federal habeas corpus petition unless the petitioner obtains prior authorization from the appropriate court of appeals.
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Fla. 5th DCA·
2023-07-14
A petition for belated appeal may be granted and the appellate opinion itself may serve as notice of appeal from the underlying trial court order.
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M.D. Fla.·
2023-07-14
Florida prisoner Hansel Mercedes-Castro was convicted of first-degree murder, armed burglary, and attempted armed robbery, and he sought federal habeas relief challenging his conviction through various ineffective assistance of counsel claims. The court denied all of Mercedes-Cas