7,517 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.·
2022-06-08
The federal court must abstain from interfering with the pending state civil commitment proceedings under the Younger doctrine.
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N.D. Fla.·
2022-06-07
The court accepted 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.·
2022-06-07
Isaac Wilder, convicted in Florida state court of first-degree murder and attempted second-degree murder in 2011, filed a federal habeas corpus petition challenging his conviction based on claims of actual innocence and ineffective assistance of trial counsel, all of which the co
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S.D. Fla.·
2022-06-07
Tyshon Renford's federal habeas petition challenging his Florida state-court conviction for armed kidnapping, robbery with a firearm, and armed carjacking was dismissed as to one claim for failure to exhaust state remedies and denied as to two remaining claims on the merits. The
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S.D. Fla.·
2022-06-06
The court held that a pro se habeas petition must be dismissed without prejudice because it contains unexhausted claims and the petitioner failed to pay the filing fee or submit a sufficient motion to proceed in forma pauperis.
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The court held that a motion to vacate under 28 U.S.C. § 2255 is only cognizable if it seeks release from custody, and challenges to forfeiture or restitution are not sufficient. Furthermore, the court held that the petitioner's prior filings did not relate back to the current mo
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S.D. Fla.·
2022-06-03
The court held that a habeas petition challenging post-removal detention should be denied when the alien's removal is imminent and reasonably foreseeable, even if detention exceeds six months, especially when the alien's actions contributed to delays.
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M.D. Fla.·
2022-06-03
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because his state postconviction motions were not properly filed, and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2022-06-01
The court held that the state appellate court's adjudication of the petitioner's claims was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-06-01
The court denied the petition for a writ of habeas corpus, finding that the state court's decision denying relief was not contrary to or an unreasonable application of federal law and was not based on an unreasonable determination of facts.
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The federal court denied the habeas corpus petition, finding the state court's decisions on ineffective assistance of counsel claims were not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2022-05-27
The court held that the current petition for a writ of habeas corpus is an unauthorized second or successive petition, and therefore the court lacks jurisdiction to consider it.
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The court held that Younger abstention doctrine compelled dismissal of the federal habeas petition due to an ongoing state civil commitment proceeding that is akin to a criminal prosecution.
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M.D. Fla.·
2022-05-23
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA, and neither equitable tolling nor actual innocence provided a basis for review.
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M.D. Fla.·
2022-05-22
The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the validity of his sentence when the § 2255 remedy is available and adequate.
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S.D. Fla.·
2022-05-20
The federal court must abstain from hearing a pretrial detainee's habeas corpus petition challenging his state prosecution due to the Younger abstention doctrine.
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The court held that respondents' motion for reconsideration was untimely and failed to present grounds for relief, as the arguments raised should have been made in a timely response and did not demonstrate manifest error of law or fact.
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M.D. Fla.·
2022-05-19
The court denied the petition for a writ of habeas corpus, finding no substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2022-05-17
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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The court held that a federal prisoner cannot use a § 1983 action to challenge the fact or duration of his confinement, and such claims are barred by abstention doctrines.
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S.D. Fla.·
2022-05-13
The court accepted and adopted the Magistrate Judge's Report and Recommendation, granting the motion to reopen the case.
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S.D. Fla.·
2022-05-13
The court held that the state court's denial of the motion to suppress was an unreasonable application of clearly established federal law, requiring a new trial.
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M.D. Fla.·
2022-05-12
A federal court may not entertain a habeas corpus petition challenging an expired state conviction unless the petitioner demonstrates the applicability of an exception, such as denial of counsel or new evidence of actual innocence.
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S.D. Fla.·
2022-05-06
The court held that Petitioner's constitutional right to remain silent was not scrupulously honored, warranting a new trial, but claims of ineffective assistance of counsel were denied.
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S.D. Fla.·
2022-05-06
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts, thus denying the habeas petition.
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S.D. Fla.·
2022-05-06
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the petitioner's state court conviction became final, and the postconviction motion did not toll the limitations period.
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M.D. Fla.·
2022-05-03
Theodore Moss, a Florida inmate convicted of first-degree murder and armed burglary in 2013, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising nine grounds for relief including jury instruction errors and claims of ineffective assistance of counsel. The
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M.D. Fla.·
2022-05-03
The court held that a federal district court cannot grant a § 2241 petition unless the petitioner has exhausted all available state remedies.
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M.D. Fla.·
2022-05-03
The court held that the petitioner's claims were procedurally defaulted and/or failed to meet the high bar for federal habeas relief under AEDPA, and that the state court's denial of relief was not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's habeas corpus petition was untimely filed and that his claim of actual innocence did not overcome the untimeliness because it amounted to legal innocence, not factual innocence.
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M.D. Fla.·
2022-05-02
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations, and no tolling exceptions applied.
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M.D. Fla.·
2022-04-29
The court held that a pro se prisoner's habeas corpus petition was untimely because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling or actual innocence.
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M.D. Fla.·
2022-04-28
Clifton Brooks, a Florida inmate convicted in 2013 of sexual battery and lewd or lascivious molestation, filed a federal habeas corpus petition challenging his convictions on six grounds, including claims regarding defective charging documents, denial of speedy trial rights, inef
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Florida prisoner Steven Beebe filed a federal habeas petition challenging his 2014 conviction for aggravated stalking and violation of court orders stemming from repeated phone calls and online harassment of a woman and her daughter after being placed on a no-contact order. The c
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The court adopted the magistrate judge's recommendation to dismiss the case because the plaintiff is a "three-striker" under the PLRA and did not pay the filing fee or demonstrate imminent danger.
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S.D. Fla.·
2022-04-27
A federal court lacks jurisdiction to consider a second or successive habeas petition without prior authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2022-04-26
The court held that a petitioner must be in custody under the conviction being challenged at the time the petition is filed to establish federal habeas corpus jurisdiction.
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The court held that the petitioner received procedural due process in her prison disciplinary proceeding and that the decision was supported by some evidence.
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M.D. Fla.·
2022-04-25
The court held that Petitioner's claims were procedurally defaulted and barred from federal habeas review because he failed to raise them properly in state court and did not demonstrate cause, prejudice, or a fundamental miscarriage of justice.
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M.D. Fla.·
2022-04-21
The court held that the Younger abstention doctrine requires dismissal of a federal habeas corpus petition filed by a state pretrial detainee challenging ongoing state criminal proceedings.
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S.D. Fla.·
2022-04-21
The court held that the petitioner's claims were procedurally defaulted or that the state court's denial of relief was entitled to deference under AEDPA.
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M.D. Fla.·
2022-04-20
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.·
2022-04-20
The court held that the petitioner's federal habeas corpus petition was untimely filed because his state court appeal was dismissed as untimely, meaning the limitations period was not tolled.
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Fla. 1st DCA·
2022-04-20
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A defendant charged with a non-capital, non-life offense is entitled to pretrial release on reasonable conditions unless the State files a motion for pretrial detention demonstrating that the exceptions apply.
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M.D. Fla.·
2022-04-18
The court held that the state court's denial of the petitioner's claim regarding ineffective assistance of counsel for failing to present photographs of bruises was not contrary to federal law and was not based on an unreasonable determination of facts.
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M.D. Fla.·
2022-04-13
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to, nor an unreasonable application of, federal law, and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2022-04-13
A federal prisoner cannot challenge the validity of his sentence under 28 U.S.C. § 2241 if a motion under 28 U.S.C. § 2255 is available.
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M.D. Fla.·
2022-04-13
An inmate convicted of second-degree murder in Florida challenged his conviction through a federal habeas petition, raising nine grounds of ineffective assistance of counsel. The federal district court, applying the highly deferential AEDPA standard of review, denied the petition
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The court held that the federal habeas petition was untimely filed because it was filed after the one-year limitations period, as expired state postconviction filings did not toll the period.