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.·
2023-05-26
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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M.D. Fla.·
2023-05-25
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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The Florida Supreme Court affirmed the denial of a death row inmate's postconviction relief motion, holding that recent U.S. Supreme Court decisions on intellectual disability and jury findings for death penalty eligibility do not apply retroactively to his case. The court also d
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Fla. 1st DCA·
2023-05-24
A prisoner's pattern of filing repetitious and frivolous postconviction appeals and petitions constitutes an abuse of the judicial process warranting sanctions, including potential prohibition of pro se filings.
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N.D. Fla.·
2023-05-24
The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended petition for a writ of habeas corpus.
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M.D. Fla.·
2023-05-23
The court held that the state court reasonably rejected the petitioner's claims of ineffective assistance of counsel, as the record did not support allegations of deficient performance or prejudice under Strickland v. Washington, and the state court's decisions were not contrary
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M.D. Fla.·
2023-05-22
A federal inmate'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 without prejudice for failure to exhaust administrative remedies, as the Eleventh Circuit has not recognized a futil
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Fla. 5th DCA·
2023-05-19
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings may be barred from future pro se filings in a particular case to conserve judicial resources.
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S.D. Fla.·
2023-05-17
The court held that the petition for a writ of habeas corpus is untimely under AEDPA, and therefore dismissed.
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M.D. Fla.·
2023-05-15
William Henry Brown sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2014 Florida conviction for second-degree murder and drug possession while armed, raising claims of ineffective assistance of counsel, trial court error, and prosecutorial misconduct. The fed
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M.D. Fla.·
2023-05-15
The petition for a writ of habeas corpus is dismissed as moot because the petitioner has been released from custody and has already received the relief sought.
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M.D. Fla.·
2023-05-15
The court held that the petition for a writ of habeas corpus is moot because the petitioner has been released from custody and has received the relief sought.
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The court held that the petitioner's claims were procedurally defaulted or meritless, and the state court's decisions were not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2023-05-08
The federal court must abstain from hearing a habeas corpus petition challenging pretrial detention in an ongoing state criminal case when the petitioner has an adequate remedy in state court and does not meet the exceptions to the Younger abstention doctrine.
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M.D. Fla.·
2023-05-08
The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of the petitioner's custodian.
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S.D. Fla.·
2023-05-08
The court held that a petition for writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of the petitioner's custodian.
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M.D. Fla.·
2023-05-04
A Florida prisoner was convicted of aggravated battery and assault following a jury trial for a violent altercation with his ex-girlfriend, and the federal district court denied his habeas corpus petition, finding that most of his claims were either procedurally barred for failur
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M.D. Fla.·
2023-05-04
The court held that the state court reasonably rejected the petitioner's claims of ineffective assistance of counsel under the doubly deferential standard of AEDPA and Strickland.
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S.D. Fla.·
2023-05-03
The court held that most of Petitioner's claims were procedurally barred or denied on the merits under AEDPA's deferential standard, finding no unreasonable application of federal law by the state courts.
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N.D. Fla.·
2023-05-01
The court adopted the magistrate judge's report and recommendation, denying the petitioner's petition for a writ of habeas corpus.
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M.D. Fla.·
2023-05-01
The court held that it lacks jurisdiction to consider a second or successive habeas corpus petition when the petitioner has not obtained authorization from the court of appeals.
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S.D. Fla.·
2023-04-30
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus.
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S.D. Fla.·
2023-04-29
The court affirmed and adopted the Magistrate Judge's Report and Recommendation, denying the Petition for a Writ of Habeas Corpus.
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M.D. Fla.·
2023-04-28
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year statute of limitations and that he failed to establish a gateway claim of actual innocence.
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The Court held that the petitioner's ineffective assistance of counsel claim was procedurally defaulted and not substantial enough to overcome the default, as the alleged new evidence was cumulative and unlikely to change the outcome.
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The court denied a petition for writ of habeas corpus, holding that a parent could be charged with interference with child custody under section 787.03(1), Florida Statutes, even if they retain parental rights. The court found the statute's plain language applied broadly to "whoe
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M.D. Fla.·
2023-04-26
A federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his conviction or sentence when the § 2255 remedy is available and adequate.
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M.D. Fla.·
2023-04-25
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and that equitable tolling was not warranted. The court also denied a certificate of appealability.
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S.D. Fla.·
2023-04-25
The court held that it lacked subject-matter jurisdiction to consider a second or successive habeas corpus petition filed without prior authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2023-04-24
The court held that the federal habeas petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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S.D. Fla.·
2023-04-24
A federal court cannot grant habeas corpus relief for claims based solely on state law, even if framed as federal issues.
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N.D. Fla.·
2023-04-24
The Bureau of Prisons (BOP) cannot award credit for time already credited against another sentence, and a federal prisoner seeking such credit must seek relief from the sentencing court, not through a habeas petition.
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N.D. Fla.·
2023-04-24
The court held that it lacks jurisdiction to release Petitioner under the CARES Act because she failed to exhaust administrative remedies and cannot decide abstract legal issues.
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M.D. Fla.·
2023-04-24
The court held that a federal court cannot grant a § 2241 petition unless the petitioner has exhausted all available state remedies and absent exceptional circumstances, federal courts should not interfere with pending state criminal proceedings.
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M.D. Fla.·
2023-04-24
The court held that the habeas corpus application was time-barred and the applicant failed to show entitlement to equitable tolling or the actual innocence exception.
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S.D. Fla.·
2023-04-24
The petition for habeas corpus relief is denied because the petitioner has not been detained beyond the presumptively reasonable period and has not shown a lack of significant likelihood of removal.
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N.D. Fla.·
2023-04-21
The court held that the petitioner's claims of ineffective assistance of counsel regarding failure to file a motion to suppress and failure to pursue an entrapment defense lacked merit, and thus denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2023-04-20
The court held that the petitioner failed to exhaust administrative remedies and did not demonstrate futility, thus the petition for a writ of habeas corpus is dismissed.
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Fla. 3d DCA·
2023-04-19
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Fla. 3d DCA·
2023-04-19
A circuit court lacks jurisdiction to consider a petition for writ of habeas corpus that collaterally attacks a judgment and sentence imposed in a different judicial circuit.
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M.D. Fla.·
2023-04-17
The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than one year after the facts supporting his claim were discoverable.
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M.D. Fla.·
2023-04-17
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2023-04-14
Shaun Whitt, a Florida inmate convicted in 2014 of sexual battery against a minor, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising five claims including exclusion of evidence about prior abuse, ineffective assistance of counsel regarding his decision n
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M.D. Fla.·
2023-04-12
The court held that a federal prisoner must exhaust administrative remedies through the Bureau of Prisons' Administrative Remedy Program before filing a petition for writ of habeas corpus under 28 U.S.C. § 2241 challenging the execution of his sentence.
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Fla. 1st DCA·
2023-04-12
A trial court's pre-trial detention order is legal and not subject to discharge on habeas corpus when the defendant has violated a condition of release and the court exercises its statutory discretion under Florida Statute § 907.041(4)(c)7 to find that no conditions of release ca
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M.D. Fla.·
2023-04-12
The court held that a petitioner must exhaust administrative remedies before filing a § 2241 petition, and this petitioner failed to do so.
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The appellate court clarified the appealability of pre-judgment contempt orders. It held that such orders are only appealable as nonfinal orders if the sanction imposed falls within specific categories listed in Florida Rule of Appellate Procedure 9.130(a)(3). Otherwise, review m
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The court held that the pro se habeas petition is frivolous and lacks merit, denying relief.
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Pre-judgment contempt orders are appealable as nonfinal orders only if the sanction falls within the enumerated subsections of Florida Rule of Appellate Procedure 9.130(a)(3); a finding of contempt alone does not qualify.