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.·
2023-07-13
The court held that a habeas corpus petition challenging only the duration of a sentence is moot once the petitioner is released from custody and is not subject to any form of supervised release.
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M.D. Fla.·
2023-07-13
The court held that the petitioner's habeas corpus petition was untimely and did not qualify for the actual innocence exception, as the newly presented evidence was not credible and contradicted the trial record.
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Fla. 2d DCA·
2023-07-12
A first appearance judge is bound by this court's precedent in Benoit v. Hoffman and lacks authority to revoke bond in a prior pending case assigned to a different judge, regardless of the judge's disagreement with the precedent's statutory analysis.
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Fla. 4th DCA·
2023-07-12
This case concerns a juvenile seeking release from extended secure detention. The appellate court held that the juvenile court had the authority to extend the detention based on the totality of the circumstances, including public safety, even if the initial detention period had t
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A successive habeas corpus petition must be denied when all six grounds for relief should have been raised either on direct appeal or in a Rule 3.850 post-conviction motion, and habeas corpus cannot be used to circumvent applicable procedural time limits or to relitigate previous
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M.D. Fla.·
2023-07-12
The court held that a petitioner must exhaust administrative remedies within the Bureau of Prisons before filing a habeas corpus petition under 28 U.S.C. § 2241, and the petitioner's claim of futility was not sufficient to excuse this requirement.
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M.D. Fla.·
2023-07-12
A federal prisoner's petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging the Bureau of Prisons' calculation of sentence credits must be dismissed if the prisoner has failed to exhaust administrative remedies and does not demonstrate futility or exceptional cir
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Fla. 3d DCA·
2023-07-12
The appellate court denied Jean Gerome's petition for a writ of habeas corpus. The court found that each of the six issues raised in the petition should have been addressed in prior proceedings, such as direct appeal or post-conviction relief motions, and therefore were not cogni
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Fla. 4th DCA·
2023-07-12
A circuit court has statutory authority under section 985.26(2)(b), Florida Statutes, to extend a juvenile's secure detention for an additional 21-day period after the initial 21-day detention expires, based on the totality of circumstances including public safety preservation, w
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A parolee remains 'in custody' for purposes of federal habeas corpus review under § 2254, and thus parole status does not toll the one-year limitation period.
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M.D. Fla.·
2023-07-10
The court held that the petitioner's habeas corpus petition was untimely because the amended judgments, entered nunc pro tunc, did not reset the statute of limitations, and the claim was also procedurally barred.
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S.D. Fla.·
2023-07-10
Michael David Martinez challenged his conviction for attempted first-degree murder and firearms offenses by seeking federal habeas corpus relief, arguing that the state trial court violated the Double Jeopardy Clause by denying his motion to dismiss based on prosecutorial miscond
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M.D. Fla.·
2023-07-05
The court held that the petitioner's claims of ineffective assistance of counsel and sentencing errors were procedurally barred or failed to meet the AEDPA standard for federal habeas relief.
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M.D. Fla.·
2023-07-05
The court held that the state court's determination that trial counsel's actions constituted reasonable trial strategy was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2023-07-05
The court held that the petitioner's claims were procedurally defaulted and denied habeas relief.
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M.D. Fla.·
2023-07-03
The court held that a federal habeas petition cannot be used to challenge state parole decisions based on alleged errors of state law, and the petitioner failed to state a claim for federal due process or equal protection violations.
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M.D. Fla.·
2023-07-03
Daniel Brunette, a Florida inmate convicted of second-degree murder, filed a federal habeas petition challenging his conviction and alleging that his trial counsel was ineffective in several respects. The district court denied all nine grounds for relief, finding that the evidenc
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Fla.·
2023-06-29
The court held that the petitioner's pro se filings constituted an abuse of judicial resources, warranting sanctions.
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M.D. Fla.·
2023-06-26
The court held that a state prisoner challenging his sentence cannot use 28 U.S.C. § 2241 and must follow the procedural requirements of 28 U.S.C. § 2254.
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The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
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M.D. Fla.·
2023-06-23
The court held that a petitioner's failure to exhaust administrative remedies for earned time credits under the First Step Act warrants dismissal of a § 2241 petition, absent demonstrated futility or extraordinary circumstances.
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S.D. Fla.·
2023-06-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no exceptions applied.
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S.D. Fla.·
2023-06-23
A federal prisoner cannot use a § 2241 habeas petition to challenge the legality of his sentence when § 2255 provides an adequate remedy, even if the prisoner is procedurally barred from filing a successive § 2255 motion.
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M.D. Fla.·
2023-06-23
The court held that a federal habeas corpus action under 28 U.S.C. § 2241 is premature if the petitioner has not first exhausted available state court remedies.
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M.D. Fla.·
2023-06-23
The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA, as the petitioner failed to demonstrate entitlement to a later start date based on newly discovered evidence or actual innocence.
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Fla. 5th DCA·
2023-06-21
Competent evidence supporting a finding that preservation of public safety warrants extended secure detention satisfies section 985.26(2)(b), and a trial court's written finding via box-check designation constitutes the required written findings under the statute.
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M.D. Fla.·
2023-06-16
A prisoner lacks a constitutionally protected liberty interest in his place of confinement, and challenges to the location of confinement do not present a viable claim for relief under 28 U.S.C. § 2241.
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M.D. Fla.·
2023-06-16
The court held that the petitioner's claims were procedurally defaulted or failed to meet the AEDPA standard for federal habeas relief.
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Fla. 2d DCA·
2023-06-16
The appellate court found that Teddy Smith's appellate counsel was ineffective for failing to challenge the trial court's improper denial of his motion to proceed pro se. The court reversed Smith's conviction and remanded for a new trial.
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S.D. Fla.·
2023-06-15
The court accepted the magistrate judge's report and recommendation, denying the petitioner's habeas corpus petition on the merits.
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A Florida jury convicted Damien Freeman of attempted first-degree murder based on evidence including the victim's in-court identification, DNA evidence placing Freeman at the crime scene, and firearms analysis, and Freeman's subsequent federal habeas petition challenging fifteen
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The court held that the petitioner's claim for additional gain time credit became moot upon his release from prison, as it could no longer affect the length of his completed sentence.
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M.D. Fla.·
2023-06-13
Timothy E. Green challenged his Duval County convictions for armed burglary with assault or battery on federal habeas review, raising seven grounds of ineffective assistance of trial counsel under the Sixth Amendment. The court denied all claims, finding that the first four chall
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M.D. Fla.·
2023-06-09
The court held that the petitioner failed to exhaust administrative remedies and did not demonstrate futility, thus the petition for writ of habeas corpus is dismissed.
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M.D. Fla.·
2023-06-09
The court held that a petitioner's failure to exhaust administrative remedies requires dismissal of a § 2241 petition, even if the petitioner claims futility, unless extraordinary circumstances are shown.
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M.D. Fla.·
2023-06-09
Eddie James Moultrie challenged his 2015 Florida state court convictions for armed burglary, aggravated battery with a deadly weapon, and resisting an officer without violence through a federal habeas corpus petition, raising four grounds including speedy trial violation, Brady e
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M.D. Fla.·
2023-06-09
Chris Leonard Thornes, an inmate in Florida's prison system, filed a federal habeas corpus petition challenging his 2014 conviction for aggravated assault and possession of a firearm by a convicted felon, raising claims including insufficient evidence and ineffective assistance o
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S.D. Fla.·
2023-06-07
The court held that the pro se petition for a writ of habeas corpus was untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) because the petitioner failed to file within the one-year statute of limitations and did not establish grounds for equitable to
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M.D. Fla.·
2023-06-07
The court held that the petitioner's double jeopardy claim was waived by her negotiated guilty plea, and her ineffective assistance of counsel claim was not supported by the record.
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M.D. Fla.·
2023-06-07
Levert Stewart, an inmate convicted in Duval County, Florida, filed a federal habeas petition challenging his conviction for attempted second-degree murder and firearm possession, claiming his trial and appellate counsel provided ineffective assistance in various respects. The di
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M.D. Fla.·
2023-06-06
The court held that the petition for writ of habeas corpus was untimely and dismissed it. Even addressing the merits, the court found no basis for relief on the claims of ineffective assistance of counsel.
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The court denied the petition for writ of habeas corpus, finding claims procedurally defaulted or not cognizable in federal court.
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M.D. Fla.·
2023-06-01
The court held that the petitioner's federal habeas corpus petition was timely filed due to equitable tolling, as an extraordinary circumstance prevented him from timely receiving notice of a state court order. The court denied the respondent's motion to dismiss.
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S.D. Fla.·
2023-06-01
The petition for writ of habeas corpus is denied because the claims raised involve state law issues or fail to demonstrate a constitutional violation, and a certificate of appealability is denied.
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S.D. Fla.·
2023-05-31
The court adopted the magistrate judge's report and recommendation, denying the petition for a writ of habeas corpus.
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M.D. Fla.·
2023-05-26
A federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 unless the remedy under § 2255 is inadequate or ineffective.
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M.D. Fla.·
2023-05-26
The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence when a § 2255 motion is available, even if that claim has been previously rejected.
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M.D. Fla.·
2023-05-26
A federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence if the § 2255 remedy is available and adequate.
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S.D. Fla.·
2023-05-26
The court held that it lacked subject-matter jurisdiction to consider the petitioner's eighth successive petition for a writ of habeas corpus because he failed to obtain authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2023-05-26
The court held that the applicant failed to exhaust administrative remedies, and his underlying due process claim also lacked merit.