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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Fla. 1st DCA·
2022-11-30
The court denied a petition for ineffective assistance of appellate counsel, finding that the appellate counsel was not deficient for failing to raise meritless arguments on appeal. The arguments concerned the admissibility of collateral crime evidence and the exclusion of certai
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The court held that a petitioner may not simultaneously litigate duplicative habeas actions in two cases in the same court.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2022-11-22
A federal court cannot grant a pre-trial detainee's habeas corpus petition seeking to intervene in an ongoing state criminal proceeding, absent extraordinary circumstances.
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S.D. Fla.·
2022-11-21
First Step Act earned time credits cannot be applied to shorten a term of supervised release, but may allow for earlier transfer to supervised release.
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M.D. Fla.·
2022-11-21
The court held that the petitioner's claims of ineffective assistance of counsel were procedurally defaulted and lacked merit, and therefore denied the petition for writ of habeas corpus.
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N.D. Fla.·
2022-11-21
The court held that Petitioner has not stated a plausible claim for habeas relief because he is ineligible for parole or early release.
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The court held that a lone affidavit from a psychiatrist hired for post-hoc review is insufficient to create clear and convincing evidence of a substantial doubt as to competency to stand trial.
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A federal district court dismissed and denied a habeas corpus petition challenging a 2014 Florida conviction for burglary and theft, finding that petitioner Forbes exhausted only two of his four claims, that one unexhausted claim was not a substantial claim under the Martinez exc
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S.D. Fla.·
2022-11-18
Badi Burgos, a Florida prisoner convicted of felony murder and armed robbery, filed a federal habeas petition challenging his state conviction and sentence, raising claims about the trial court's failure to conduct hearings on his right to self-representation and discharge of cou
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S.D. Fla.·
2022-11-17
The court held that the petition for writ of habeas corpus is moot because the petitioner has been released from custody.
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Al Burgess, a Florida prisoner sentenced to life for armed kidnapping and armed sexual battery, challenged his resentencing through federal habeas corpus, arguing his resentencing counsel rendered ineffective assistance by failing to object to an upward departure sentence and by
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S.D. Fla.·
2022-11-15
The court held that the petitioner's claims were either unexhausted, procedurally barred, or failed to meet the Strickland standard for ineffective assistance of counsel, and thus denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2022-11-14
Casie Lanee White, convicted of second-degree murder in 2015 with a life sentence, filed a federal habeas corpus petition challenging her conviction on eleven grounds, primarily alleging ineffective assistance of trial counsel. The district court denied all of her claims, finding
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M.D. Fla.·
2022-11-14
Michael Lee Smith, an inmate convicted in 2013 of armed burglary with assault and attempted armed robbery, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel. The district court dismissed the petition, conclud
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Fla. 5th DCA·
2022-11-14
A petition for belated appeal may be granted to allow review of a postconviction order denying a habeas corpus petition.
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S.D. Fla.·
2022-11-10
The federal habeas petition is dismissed as untimely because it was filed outside the one-year limitations period prescribed by AEDPA, and no exceptions apply.
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M.D. Fla.·
2022-11-09
A petitioner may not simultaneously litigate duplicative habeas actions in the same court against the same respondent.
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M.D. Fla.·
2022-11-08
The federal court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law and was based on a reasonable determination of the facts.
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M.D. Fla.·
2022-11-03
A state court's ministerial correction of a scrivener's error in a judgment to conform to the oral sentencing pronouncement does not create a new judgment for purposes of determining if a federal habeas petition is second or successive.
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A federal district court denied a habeas corpus petition from Checkingson Sinclair, who was convicted in Florida state court of killing his pregnant wife and their unborn child. The court dismissed three claims as procedurally defaulted because Sinclair failed to exhaust them in
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Karla Davis challenged her state conviction for second-degree murder through a federal habeas petition, raising twenty-four grounds of ineffective assistance of counsel. The federal court denied all claims, finding that many were procedurally defaulted because Davis failed to bri
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The court held that the state court's denial of the petitioner's 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.·
2022-11-01
A habeas corpus petition seeking release is moot once the petitioner is released from custody, and damages are not available in a habeas action.
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M.D. Fla.·
2022-11-01
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling, nor did it present a claim of actual innocence sufficient to overcome the time bar.
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M.D. Fla.·
2022-11-01
The federal court denied the petition for a writ of habeas corpus because the state court's adjudication of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2022-10-27
A Florida inmate challenged his convictions for battery, kidnapping, and aggravated assault in a federal habeas corpus petition, primarily arguing trial court error and ineffective assistance of counsel. The district court initially dismissed the petition as time-barred under the
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M.D. Fla.·
2022-10-26
The court held that the petitioner is not entitled to federal habeas corpus relief because the state court's decisions were not contrary to, nor an unreasonable application of, federal law, and were not based on an unreasonable determination of the facts.
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The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of the facts.
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S.D. Fla.·
2022-10-21
The federal court dismissed a pretrial detainee's habeas petition because the Younger abstention doctrine barred intervention in an ongoing state criminal prosecution.
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S.D. Fla.·
2022-10-20
The court adopted the Magistrate Judge's Report and Recommendation, finding that the petitioner's claims of ineffective assistance of counsel and challenges to his sentence were without merit.
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Fla. 2d DCA·
2022-10-19
Paul Conley appealed the dismissal of his habeas corpus petition challenging his placement in close management by the Department of Corrections. The trial court dismissed the petition as raising the same or similar arguments as a previous petition, but the appellate court reverse
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M.D. Fla.·
2022-10-17
The court denied the motion for reconsideration because the petitioner failed to demonstrate manifest errors of law or fact in the original dismissal of his habeas petition.
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Fla. 5th DCA·
2022-10-14
A habeas corpus petitioner may be prohibited from filing further pro se petitions in a case when he abuses the judicial process through repetitive, malicious, or frivolous filings.
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S.D. Fla.·
2022-10-10
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.·
2022-10-05
Sean Perri challenged his Florida convictions and thirty-year sentence for multiple counts including fleeing to elude police, drug possession, and felon-in-possession charges by filing a federal habeas petition claiming ineffective assistance of counsel. The court dismissed thirt
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M.D. Fla.·
2022-10-04
The court held that a habeas petition challenging immigration detention is moot once the petitioner is released from custody and placed under an order of supervision.
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S.D. Fla.·
2022-10-03
The Court denies Ground 1 and dismisses Grounds 2 through 10 of the habeas petition, finding some claims unexhausted, others procedurally defaulted, and one cognizable only under state law.
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A criminal defendant generally cannot proceed pro se while represented by counsel.
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M.D. Fla.·
2022-09-26
The court held that the petitioner's federal habeas corpus petition was untimely filed and not entitled to statutory or equitable tolling.
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M.D. Fla.·
2022-09-26
The court held that the petitioner's claims were procedurally defaulted and/or without merit, and therefore denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2022-09-23
Armey filed a federal habeas petition challenging his state convictions for carjacking, burglary, and theft, claiming the prosecution withheld exculpatory evidence and that his trial counsel was ineffective for failing to present an insanity defense based on mental illness. The c
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M.D. Fla.·
2022-09-23
Charles Pitts challenged his state convictions for sexual battery, false imprisonment, and domestic battery by strangulation through a federal habeas corpus petition, alleging ineffective assistance of counsel. The court denied the petition, finding that Pitts's guilty plea was k
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The court held that the petitioner failed to demonstrate that the state court unreasonably denied his claim of ineffective assistance of trial counsel regarding an untimely motion to disqualify the judge.
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M.D. Fla.·
2022-09-22
The court denied the petitioner's habeas corpus claims, finding that his trial counsel was not ineffective under the Strickland standard.
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M.D. Fla.·
2022-09-19
The court held that the petitioner's claims were adjudicated on the merits in state court and must be evaluated under the deferential standard of 28 U.S.C. § 2254(d), finding no basis for federal habeas relief.
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M.D. Fla.·
2022-09-15
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.·
2022-09-14
The court held that the petitioner failed to demonstrate ineffective assistance of counsel regarding DNA testing, as his claims were speculative and did not meet the prejudice prong of Strickland.
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M.D. Fla.·
2022-09-13
A Florida state prisoner serving a mandatory life sentence for sexual battery upon a child sought federal habeas relief under 28 U.S.C. § 2254, challenging his 2011 conviction on eleven grounds, including claims of child hearsay evidence admission, ineffective assistance of trial
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A motion to transfer venue within a district under 28 U.S.C. § 1404(a) and Local Rule 1.04(b) was denied because the moving party failed to demonstrate that the convenience factors weighed in favor of transfer, and an intra-district transfer under § 1404(b) requires consent of al