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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S.D. Fla.·
2021-06-10
The court held that Petitioner is not entitled to a certificate of appealability to appeal the denial of his motion for reconsideration.
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The petition for a writ of habeas corpus is denied because the claims are procedurally barred or waived by a guilty plea.
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M.D. Fla.·
2021-06-09
The court held that the petitioner's habeas petition was untimely and he was not entitled to equitable tolling due to mental impairment, as his past litigation conduct demonstrated capacity and a lack of diligence.
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M.D. Fla.·
2021-06-08
The court held that the petitioner's claims of ineffective assistance of counsel and insufficient evidence were meritless and did not warrant federal habeas corpus relief.
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M.D. Fla.·
2021-06-08
The court held that the petitioner's claims lacked merit or were unexhausted, and thus denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2021-06-07
A federal district court lacks jurisdiction to consider a second or successive habeas corpus petition unless the petitioner has obtained prior authorization from the appropriate court of appeals.
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M.D. Fla.·
2021-06-07
The court held that the petitioner failed to demonstrate that the state court's denial of his claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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M.D. Fla.·
2021-06-07
Hassan Shaabazz, an inmate convicted of burglary of an occupied dwelling in 2013 and sentenced to twenty-three years imprisonment, filed a federal habeas corpus petition raising claims of ineffective assistance of trial and appellate counsel. The court denied the petition, findin
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S.D. Fla.·
2021-06-04
The court granted Petitioner's motion for an extension of time to reply to the Order to Show Cause but denied his request for appointed counsel, referring the case to the Volunteer Attorney Program.
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M.D. Fla.·
2021-06-02
The court held that the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied clearly established federal law, and therefore denied the petition for a writ of habeas corpus.
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M.D. Fla.·
2021-06-01
The court held that the petitioner's claim regarding the amended information was procedurally barred by the concurrent sentence doctrine and, alternatively, that his counsel was not ineffective for failing to object to it.
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M.D. Fla.·
2021-05-28
A federal prisoner challenging the validity of his conviction must proceed under 28 U.S.C. § 2255, and cannot use the § 2241 saving clause unless § 2255 is demonstrably inadequate or ineffective.
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M.D. Fla.·
2021-05-28
The court held that the petitioner's habeas corpus claims were unexhausted and procedurally defaulted, barring federal review.
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M.D. Fla.·
2021-05-26
Lester Woodard, an inmate convicted in 2003 of burglary and dealing in stolen property, filed a federal habeas corpus petition challenging his conviction on five grounds, all claiming ineffective assistance of counsel. The district court denied the petition, finding that Woodard
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The court held that a pro se prisoner with three or more prior dismissals for frivolousness or failure to state a claim is barred from proceeding in forma pauperis unless they face imminent danger of serious physical injury.
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M.D. Fla.·
2021-05-26
Melvin Day, a Florida inmate convicted in 1999 of armed robbery and resentenced in 2013, sought federal habeas corpus relief challenging his conviction and thirty-year sentence on five grounds, including claims of inadequate resentencing procedure, ineffective counsel, and suppre
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M.D. Fla.·
2021-05-26
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.·
2021-05-25
Jon Paul, an inmate convicted of two counts of armed robbery in 2010, filed a federal habeas corpus petition challenging his convictions and forty-nine-year concurrent sentences by raising seven grounds of ineffective assistance of counsel. The district court denied the petition,
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M.D. Fla.·
2021-05-25
The court denied the petition for writ of habeas corpus, finding no substantial showing of the denial of a constitutional right and thus no certificate of appealability.
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M.D. Fla.·
2021-05-25
The court held that the petitioner's claims were unexhausted and potentially procedurally defaulted, requiring further analysis under exceptions like Martinez v. Ryan or fundamental miscarriage of justice.
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M.D. Fla.·
2021-05-25
The federal habeas petition is dismissed with prejudice as untimely filed, as the petitioner failed to demonstrate entitlement to equitable tolling or a miscarriage of justice.
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M.D. Fla.·
2021-05-24
Darrell Thornton, an inmate serving a sentence for attempted second-degree murder, battery, robbery with a deadly weapon, carjacking, and second-degree arson, filed a federal habeas corpus petition raising eight grounds for relief based on claims of ineffective assistance of tria
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M.D. Fla.·
2021-05-21
The court held that the Magistrate Judge's recommendation to transfer the petition to the Middle District of Florida was proper and adopted the report.
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M.D. Fla.·
2021-05-20
The federal habeas petition is dismissed as untimely because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling or demonstrate actual innocence.
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The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was not contrary to federal law and was not based on an unreasonable determination of facts.
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M.D. Fla.·
2021-05-19
The court held that the petitioner's claims were procedurally defaulted and barred from federal review because he failed to appeal the denial of his state post-conviction motion.
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Jeffrey Thomas Daniel challenged his pretrial detention order, arguing that the trial court erroneously interpreted section 907.041(4)(c)2 of the Florida Statutes by treating law enforcement officers as "judicial officers" for purposes of pretrial detention. The Fifth District Co
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S.D. Fla.·
2021-05-14
The court held that a state trial court's recharacterization of a motion as untimely and successive under state law is not a federal issue reviewable in a § 2254 habeas petition.
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M.D. Fla.·
2021-05-14
The court held that the BOP correctly calculated the petitioner's sentences to run consecutively and that challenges to the validity of the sentence revocation must be brought under 28 U.S.C. § 2255, not § 2241.
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M.D. Fla.·
2021-05-10
The court held that a federal prisoner cannot use a § 2241 petition to challenge his sentence when § 2255 provides an adequate and effective remedy, even if that remedy was unsuccessful.
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Fla. 3d DCA·
2021-05-07
A defendant who violates a condition of pretrial release forfeits the right to continued release under the original bond but retains the constitutional right to pretrial release, and a trial court must follow section 907.041 and applicable rules when holding a defendant without b
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M.D. Fla.·
2021-05-07
The Court held that a habeas petition may be dismissed without prejudice if the petitioner is released from custody and fails to demonstrate a continuing case or controversy.
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A successive habeas corpus petition raising previously rejected grounds is properly denied as procedurally deficient and without merit.
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M.D. Fla.·
2021-05-03
Ford challenged his state court conviction for second degree murder and first degree arson, seeking federal habeas relief through a § 2254 petition on multiple grounds involving alleged ineffective assistance of trial and appellate counsel, primarily concerning the suppression he
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M.D. Fla.·
2021-04-30
The court held that the petitioner's amended petition for writ of habeas corpus is untimely as to one of his convictions, requiring dismissal in part.
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M.D. Fla.·
2021-04-30
The petition for a writ of habeas corpus is dismissed because challenges to conditions of confinement are not cognizable under 28 U.S.C. § 2241, and alternatively, the case is moot as the petitioner is no longer in the challenged custody.
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The court held that the petitioner's claims of ineffective assistance of counsel were legally insufficient due to vague and conclusory allegations, failing to meet the heightened pleading standard required in habeas corpus proceedings.
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M.D. Fla.·
2021-04-30
A pre-trial detainee's federal habeas corpus petition under 28 U.S.C. § 2241 is properly dismissed without prejudice if the petitioner has not exhausted available state court remedies.
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M.D. Fla.·
2021-04-30
The court held that the petitioner's habeas corpus petition is moot because he has been deported and the court can no longer provide meaningful relief.
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M.D. Fla.·
2021-04-27
The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel 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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Fla. 3d DCA·
2021-04-21
Allen L. Penoyer appeals the trial court's denial of his habeas corpus petition challenging a 1975 conviction, alleging ineffective assistance of counsel, judicial misconduct, and lack of jurisdiction. The appellate court reversed, holding that the trial court lacked jurisdiction
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M.D. Fla.·
2021-04-21
The federal court denied a state prisoner's petition for a writ of habeas corpus, finding his double jeopardy claim unexhausted and, alternatively, without merit because the mistrial was not provoked by the prosecution.
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S.D. Fla.·
2021-04-21
The court held that it lacks jurisdiction to consider an unauthorized successive petition for a writ of habeas corpus, and therefore dismissed the petition and denied a certificate of appealability.
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Habeas corpus may not be used as a substitute for authorized postconviction relief motions under Florida Rule of Criminal Procedure 3.850.
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Fla. 1st DCA·
2021-04-20
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M.D. Fla.·
2021-04-19
The court held that the petitioner failed to exhaust his claims because the state court dismissed his petition on procedural grounds, and he did not demonstrate a liberty interest or a due process violation.
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M.D. Fla.·
2021-04-16
The court held that the federal habeas petition was time-barred because it was filed more than one year after the judgment became final, and the petitioner failed to establish grounds for equitable tolling.
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M.D. Fla.·
2021-04-16
The court held that the petition for writ of habeas corpus was filed prematurely because the six-month post-removal detention period had not yet elapsed.
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S.D. Fla.·
2021-04-16
This Court lacks jurisdiction to grant a motion for compassionate release; only the sentencing court may consider such motions.