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.·
2022-09-01
The court held that a pretrial detainee cannot seek habeas corpus relief under § 2254 and must exhaust state remedies under § 2241, and that abstention principles apply.
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M.D. Fla.·
2022-09-01
The court held that a federal prisoner seeking habeas corpus relief under 28 U.S.C. § 2241 must demonstrate that the remedy under 28 U.S.C. § 2255 is inadequate or ineffective, which the petitioner failed to do.
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M.D. Fla.·
2022-08-29
The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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S.D. Fla.·
2022-08-25
Federal Rule of Appellate Procedure 23 does not apply to a habeas petition pending before a district court, and even if it did, the petitioner failed to demonstrate entitlement to release.
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M.D. Fla.·
2022-08-23
The court held that a pretrial detainee's petition for habeas corpus is not cognizable under 28 U.S.C. § 2254 and, when construed under § 2241, fails due to lack of exhaustion and principles of abstention, and a certificate of appealability should be denied.
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M.D. Fla.·
2022-08-16
The court held that the state court's adjudications of the petitioner's claims were not contrary to, or an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-08-15
The court held that the petitioner's habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and no exceptions applied to excuse the delay.
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M.D. Fla.·
2022-08-12
Florida inmate Donmonique Cockrum sought habeas relief under 28 U.S.C. § 2254, challenging his conviction for attempted second-degree murder based on claims of ineffective assistance of both trial and appellate counsel. The district court denied all claims, finding that the recor
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M.D. Fla.·
2022-08-11
The court held that the petitioner failed to show good cause or satisfy the stringent requirements of 28 U.S.C. § 2254(e)(2) for discovery in his federal habeas corpus petition.
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M.D. Fla.·
2022-08-11
Inmate Foreman, convicted of lewd and lascivious molestation of a child, sought federal habeas relief challenging the admissibility and reliability of child hearsay testimony presented by the victim's parents and a Child Protection Team member. The federal district court denied r
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M.D. Fla.·
2022-08-10
The court held that the petition for writ of habeas corpus was prematurely filed because the petitioner's removal period had not yet begun due to a stay of removal granted by the Third Circuit Court of Appeals.
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When a trial court finds after an Arthur hearing that proof is not evident nor presumption great, it cannot order detention without bond and must instead conduct a rule 3.131 pretrial release hearing.
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M.D. Fla.·
2022-08-03
The court held that the petitioner's claims lacked merit and denied his petition for a writ of habeas corpus.
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Fla. 3d DCA·
2022-08-03
The defendant's incriminating statements were properly admitted into evidence because they were voluntarily offered after the defendant was informed of the serious charges against him, and his subsequent statements constituted a valid reinitiation of police communication that jus
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M.D. Fla.·
2022-08-02
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations because his state postconviction motion was not properly filed and therefore did not toll the limitations period.
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M.D. Fla.·
2022-08-02
The federal court denied the petition for writ of habeas corpus, finding no unreasonable application of federal law or unreasonable determination of facts by the state court regarding ineffective assistance of counsel claims.
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S.D. Fla.·
2022-08-02
The court requires a supplemental declaration from respondents to further understand delays in obtaining travel documents for deportation.
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M.D. Fla.·
2022-08-02
A Florida prisoner, Shola McCarthy, sought federal habeas relief challenging his conviction for robbery while using a police scanner, which resulted in a 27-year sentence, claiming insufficiency of evidence, prosecutorial misconduct, ineffective assistance of trial and appellate
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M.D. Fla.·
2022-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed outside the one-year statute of limitations established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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S.D. Fla.·
2022-07-28
The court adopted the Magistrate Judge's recommendation to dismiss some claims as time-barred and deny others on the merits, finding no clear error in the record.
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M.D. Fla.·
2022-07-27
Anthony Vaughan, an inmate convicted of two counts of first-degree murder in 2010, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising four grounds for relief including claims of ineffective assistance of counsel. The district court denied the petition on
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A defendant detained for 33 days without charges being filed must be released on her own recognizance under Rule 3.134, and the subsequent filing of additional misdemeanor charges arising from the same criminal episode does not constitute changed circumstances or new evidence jus
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The court held that the petitioner's claims did not meet the standard for federal habeas corpus relief under 28 U.S.C. § 2254, as the state court decisions were not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Melendez challenged his state convictions for drug trafficking and related offenses through a federal habeas corpus petition, asserting five grounds of ineffective assistance of counsel, including claims that his trial attorney failed to communicate a plea offer, obtain an interp
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The court held that the applicant's amended habeas application was untimely as to one ground and that the state court's denial of the remaining ineffective assistance of counsel claim was not an unreasonable application of federal law or determination of facts.
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M.D. Fla.·
2022-07-20
The petition for writ of habeas corpus is denied because the claims are either not cognizable, procedurally barred, waived by plea, or fail on the merits under AEDPA review.
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M.D. Fla.·
2022-07-19
Michael Tramel, a Florida inmate, petitioned for federal habeas relief challenging his 2013 conviction for attempted second-degree murder and aggravated battery with a deadly weapon, raising ten grounds claiming ineffective assistance of trial and appellate counsel and trial cour
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S.D. Fla.·
2022-07-19
The court denied Petitioner's Petition for a Writ of Habeas Corpus, finding most claims procedurally defaulted and the remaining claims without merit.
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M.D. Fla.·
2022-07-12
The court denied the petition for writ of habeas corpus, finding the state court's adjudication of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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The court held that the plaintiff's complaint fails to state a claim against any defendant and must be dismissed.
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S.D. Fla.·
2022-07-08
The federal habeas petition is dismissed as untimely because the petitioner exceeded the one-year limitations period established by AEDPA, and neither actual innocence nor equitable tolling applies.
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S.D. Fla.·
2022-07-07
The court held that the medical examiner's reliance on a toxicology report for the purpose of explaining his opinion did not violate the Confrontation Clause, and therefore adopted the magistrate judge's recommendation to deny the habeas petition.
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The court held that Grounds One, Three, and Four were untimely filed and Ground Two was procedurally barred and also failed on the merits.
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M.D. Fla.·
2022-07-06
The court held that a stay and abeyance of federal habeas proceedings is warranted to allow the petitioner to exhaust a newly discovered Brady claim in state court, as he demonstrated good cause, a potentially meritorious claim, and no dilatory tactics.
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The court held that a habeas petitioner must demonstrate a high probability of success on a substantial constitutional claim and extraordinary circumstances to be granted release on bond pending appeal.
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The court cautioned the petitioner that further repetitive, frivolous, or abusive pro se filings regarding the same case may result in sanctions including a bar on pro se filing and referral for disciplinary proceedings.
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M.D. Fla.·
2022-06-24
The court held that it lacked jurisdiction to review the petitioner's claims, as they constituted a direct attack on a District of Columbia appellate court decision, which is beyond the scope of federal district court review.
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Fla. 4th DCA·
2022-06-22
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Fla. 1st DCA·
2022-06-22
The appellate court affirmed the dismissal of a habeas corpus petition, finding that the appellant abandoned his original claims by failing to raise them on appeal and that new claims were procedurally barred. The court also deemed the appeal frivolous and cautioned the appellant
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M.D. Fla.·
2022-06-22
The court held that the petitioner failed to exhaust his administrative remedies because he did not properly complete the grievance process, even after learning of a denial.
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M.D. Fla.·
2022-06-21
The court held that the petitioner demonstrated excusable neglect and good cause for an extension of time to file a notice of appeal.
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S.D. Fla.·
2022-06-21
The court held that the petitioner's claims were procedurally defaulted or not cognizable in federal habeas proceedings because they were not presented as federal issues in state court.
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The court held that Beiler's claims were procedurally defaulted and that he failed to establish cause or prejudice to overcome the default. His claim regarding ineffective assistance of counsel for failing to strike the jury panel was also denied.
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S.D. Fla.·
2022-06-21
The court adopted the magistrate judge's report and recommendation, dismissing the petition for writ of habeas corpus as moot.
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M.D. Fla.·
2022-06-21
The court held that the petitioner received adequate due process in his prison disciplinary proceeding and that there was sufficient evidence to support the disciplinary decision.
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Esdras Cardona's federal habeas petition challenging his 2007 Florida conviction for sexual battery and burglary was dismissed in part and denied in part because his claim about inadequate hearings on newly discovered evidence raised only state law issues and his remaining ineffe
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The court held that Ground One of the habeas petition is procedurally defaulted due to failure to exhaust federal claims in state court, and Ground Two is denied because the state court's finding of harmless error was not an unreasonable application of federal law.
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M.D. Fla.·
2022-06-08
The federal court must abstain from interfering with the pending state civil commitment proceedings under the Younger doctrine.