7,517 Florida cases classified under this topic, plus 5,493 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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M.D. Fla.·
2022-04-12
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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N.D. Fla.·
2022-04-12
The court held that the petitioner is not entitled to habeas relief because his ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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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.
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S.D. Fla.·
2022-04-11
The federal court denied the petition for a writ of habeas corpus, affirming the magistrate judge's recommendation that the state court's denial of the double jeopardy claim was not contrary to federal law or based on an unreasonable determination of facts.
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S.D. Fla.·
2022-04-08
The court denied the motion for a stay of abeyance and granted leave to file an amended petition containing only exhausted claims.
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N.D. Fla.·
2022-04-06
The court held that a petitioner cannot establish actual innocence based solely on the insufficiency of the evidence presented at trial, without new evidence.
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M.D. Fla.·
2022-04-05
The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law and denied habeas relief.
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M.D. Fla.·
2022-04-05
The court denied the petitioner's motion for a certificate of appealability.
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S.D. Fla.·
2022-04-04
The court held that the petitioner's motion for post-judgment relief under Rule 60(b)(6) was denied because the circumstances were not sufficiently extraordinary and no grounds for reconsideration were established.
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M.D. Fla.·
2022-04-01
The court held that a federal habeas petitioner challenging unaffordable bail must demonstrate the trial court's ruling was not rationally related to a legitimate government interest, and that the state court complied with procedural due process by considering less restrictive al
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M.D. Fla.·
2022-03-28
The court held that it lacked jurisdiction to consider a successive habeas petition without authorization from the relevant court of appeals.
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M.D. Fla.·
2022-03-25
Jesus Lozoya, a Florida prisoner convicted of kidnapping, battery, and other charges related to a 2009 attack, filed a federal habeas petition claiming his trial counsel provided ineffective assistance by failing to cross-examine a key witness about potential credibility issues a
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M.D. Fla.·
2022-03-24
The court held that the federal habeas petition was untimely filed and alternatively, that the petitioner had not raised a cognizable claim for relief.
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An inmate who files a pattern of meritless pro se petitions may be sanctioned by barring future filings related to the same case unless signed by a member of the Florida Bar.
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Jose Miguel Cebez petitioned for a writ of habeas corpus, challenging the trial court's jurisdiction to enforce a plea agreement requiring him to serve eighteen months in prison after completing his five-year probation term. The court denied the petition, holding that the trial c
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A Florida prisoner convicted of first-degree murder for killing a taxi driver challenged his conviction through federal habeas corpus, arguing trial court error in denying his motion to suppress his police interrogation statement and that his trial counsel was ineffective for fai
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S.D. Fla.·
2022-03-22
The court held that Petitioner is not entitled to release from immigration custody because he failed to establish a significant likelihood that removal will not occur in the reasonably foreseeable future, and he is not entitled to a bond hearing as individuals detained under 8 U.
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S.D. Fla.·
2022-03-21
The court held that Claim 1 is procedurally defaulted because the federal nature of the claim was not presented to the state court on direct appeal, and Claims 2-6 are exhausted as they were fairly presented in state post-conviction proceedings.
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M.D. Fla.·
2022-03-21
The court held that a habeas petition challenging expired convictions must be dismissed for lack of jurisdiction, and a petition challenging enhanced sentences based on those expired convictions is successive if a prior petition was already filed.
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The court held that the new claims in the counseled petition do not relate back to the original pro se petition and that equitable tolling is not warranted because the petitioner failed to demonstrate a causal link between his alleged mental impairment and the untimely filing.
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M.D. Fla.·
2022-03-17
Desir challenged his conviction for attempted murder with a firearm and aggravated battery by filing a federal habeas petition asserting six grounds for relief, primarily ineffective assistance of counsel claims related to jury selection, charging documents, speedy trial waiver,
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The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice.
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The Court denies the petition for a writ of habeas corpus and a certificate of appealability, finding that the petitioner's claims were either procedurally barred, failed to meet the AEDPA's deferential standard of review, or were not cognizable on federal habeas.
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M.D. Fla.·
2022-03-07
A challenge to a state collateral proceeding does not provide a basis for federal habeas relief under 28 U.S.C. § 2254.
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M.D. Fla.·
2022-03-04
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 entitlement to equitable tolling.
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M.D. Fla.·
2022-03-03
Petitioner Hinson, an inmate serving a life sentence for second-degree murder, brought a federal habeas petition challenging his 2013 guilty plea and subsequent life sentence, raising twelve subparts of ineffective assistance of counsel claims against his trial counsel and one cl
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M.D. Fla.·
2022-03-03
The court held that a federal inmate cannot use a § 2241 petition to challenge the validity of a sentence except on very narrow grounds not present here.
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S.D. Fla.·
2022-03-03
The court held that prolonged detention without a bond hearing violates due process, and the prior bond hearing was void, entitling the petitioner to a new hearing.
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Fla. 5th DCA·
2022-03-02
A trial court must conduct a pretrial release hearing and set a bond when the State has not motioned for pretrial detention.
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The court held that it lacked jurisdiction to consider the inmate's request for compassionate release and that a civil action was not the proper vehicle to challenge the service of her sentence.
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S.D. Fla.·
2022-02-27
The court held that it lacked jurisdiction to consider a successive habeas corpus petition filed under 28 U.S.C. § 2241 when the petitioner had not obtained authorization from the appropriate court of appeals.
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S.D. Fla.·
2022-02-25
The court held that while mandatory detention under 8 U.S.C. § 1226(c) can be constitutionally permissible, an alien detained for an unreasonably prolonged period is entitled to a bond hearing before an Immigration Judge. The alien bears the burden of proof at this hearing.
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Fla. 1st DCA·
2022-02-23
The appellate court reviewed the dismissal of a motion challenging habitual felony offender sentences. While affirming the dismissal of one claim, the court found the habitual offender designation on life felony sentences for armed kidnapping to be illegal due to an unconstitutio
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N.D. Fla.·
2022-02-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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N.D. Fla.·
2022-02-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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Fla. 5th DCA·
2022-02-21
When a trial court lacks sufficient evidence to find that an incompetent defendant qualifies for involuntary commitment, the court may only modify the defendant's conditions of release, not revoke the release entirely.
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Fla. 2d DCA·
2022-02-18
This case reviews a trial court's decision to revoke a married couple's bonds and deny their motions to strike a pretrial release condition that prohibited them from contacting each other. The appellate court found the trial court abused its discretion by imposing a sweeping no-c
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Fla. 2d DCA·
2022-02-18
The appellate court granted petitions for writ of habeas corpus, finding that the trial court abused its discretion by revoking a married couple's bonds based on a violation of a broad no-contact condition. The court held that such sweeping restrictions on marital rights are gene
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The court held that the petitioner's claims regarding his second conditional release and the extension of his sentence expiration date were without merit under state law, and thus not grounds for federal habeas relief.
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N.D. Fla.·
2022-02-17
A federal prisoner's claim of actual innocence based on a subsequent change in circuit precedent is not cognizable under the savings clause of 28 U.S.C. § 2255(e) and cannot be raised in a § 2241 habeas petition if § 2255 provides an adequate remedy.
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Fla. 1st DCA·
2022-02-16
The appellate court affirmed the denial of a habeas corpus petition filed by Roosevelt Carroll Jr. challenging his 2006 conviction. The court found the petition to be meritless and frivolous, noting Carroll's history of filing similar unsuccessful appeals.
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M.D. Fla.·
2022-02-16
The court held that the state court's adjudication of the petitioner's ineffective assistance of counsel claim was not contrary to federal law and thus denied federal habeas relief.
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M.D. Fla.·
2022-02-14
The court held that the state court's adjudication of the petitioner's claims was not contrary to, nor an unreasonable application of, clearly established federal law, and was not based on an unreasonable determination of the facts.
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Fla. 5th DCA·
2022-02-11
A pro se petitioner may be cautioned and threatened with sanctions, including a bar on future pro se filings and referral for disciplinary proceedings, when his filings are determined to be abusive, repetitive, malicious, or frivolous.
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Fla. 5th DCA·
2022-02-11
A litigant who abuses the judicial process through abusive, repetitive, malicious, or frivolous pro se filings may be prohibited from filing further pro se pleadings in a particular case to conserve judicial resources.
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Fla. 5th DCA·
2022-02-04
A petitioner whose habeas corpus petition has been denied may be cautioned and threatened with sanctions for filing further abusive, repetitive, malicious, or frivolous filings on the same matter.
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M.D. Fla.·
2022-02-02
The federal habeas petition is untimely and dismissed because the petitioner failed to demonstrate entitlement to equitable tolling or the fundamental miscarriage of justice exception.
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M.D. Fla.·
2022-01-31
The court denied the petition for a writ of habeas corpus, finding all grounds procedurally barred or meritless.
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The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims of ineffective assistance of counsel, both trial and appellate, did not meet the required legal standards.
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The court held that the pro se plaintiff's complaint was a shotgun pleading and failed to state a claim upon which relief could be granted, warranting dismissal without prejudice.