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.·
2021-04-15
The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or actual innocence exceptions.
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Appellate counsel's failure to raise a meritless issue on appeal does not constitute ineffective assistance of appellate counsel.
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The court held that it lacked subject matter jurisdiction because the petitioner was not entitled to pursue relief under 28 U.S.C. § 2241 for a challenge to the validity of his sentence.
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M.D. Fla.·
2021-04-13
The court held that it lacked subject matter jurisdiction because the petitioner was not entitled to pursue relief under 28 U.S.C. § 2241 for challenging the validity of his sentence.
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S.D. Fla.·
2021-04-12
The court affirmed the Magistrate Judge's report, dismissing the petition as untimely and denying a certificate of appealability.
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S.D. Fla.·
2021-04-08
The court adopted the Magistrate Judge's report, finding that the Petitioner's double jeopardy claim failed because the prior charge was dismissed before jeopardy attached and that retrial after a conviction reversal for evidentiary error is permissible.
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The appellate court denied a petition for a writ of habeas corpus, upholding the trial court's decision to deny bail for a defendant facing serious charges and a history of flight and new offenses while on bond. The court found the defendant failed to present sufficient evidence
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The court held that the petitioner's claims of ineffective assistance of counsel and insufficient evidence for his murder conviction lacked merit and did not warrant federal habeas relief.
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S.D. Fla.·
2021-04-06
The court held that a certificate of appealability cannot be issued because no final order adverse to the petitioner has been entered, and the petitioner's motion is an improper interlocutory appeal.
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N.D. Fla.·
2021-04-05
The court adopted the magistrate judge's report, granting the respondent's motion to dismiss the untimely habeas petition and denying a certificate of appealability.
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M.D. Fla.·
2021-03-31
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
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The court held that the state postconviction court reasonably applied federal law in denying the habeas petitioner's claim of ineffective assistance of counsel, as the petitioner failed to demonstrate prejudice by showing he would have gone to trial but for counsel's alleged erro
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Wilson sought federal habeas relief from his Florida conviction for second-degree murder, challenging the admission of his prior trial testimony, the sufficiency of evidence regarding his intent, and the effectiveness of his trial counsel. The court denied his application, findin
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The court held that the state court's denial of the petitioner's claim of ineffective assistance of counsel was objectively reasonable and not contrary to federal law.
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S.D. Fla.·
2021-03-30
The court denied the petition for a writ of habeas corpus and refused to issue a certificate of appealability.
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Fla. 5th DCA·
2021-03-26
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be barred from future pro se filings to conserve judicial resources.
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M.D. Fla.·
2021-03-25
The court held that a ministerial correction of a sentence, even when entered nunc pro tunc, does not reset the one-year limitations period for filing a federal habeas corpus petition under AEDPA.
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M.D. Fla.·
2021-03-25
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his judgment became final, and the tolling periods from state post-conviction motions were insufficient to make it timely.
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M.D. Fla.·
2021-03-24
The court held that newly discovered evidence of actual innocence, without an independent constitutional violation, does not state a ground for federal habeas relief, and the petitioner failed to establish a Giglio claim.
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M.D. Fla.·
2021-03-23
The court held that the petitioner failed to exhaust administrative remedies before filing his habeas corpus petition.
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S.D. Fla.·
2021-03-23
The court denied the petitioner's motion for appointment of counsel, finding no exceptional circumstances, but referred the case to the Volunteer Attorney Program.
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The court adopted the magistrate judge's report and recommendation, denying the § 2254 petition on the merits without an evidentiary hearing and denying a certificate of appealability.
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The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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The court held that the petitioner's claim of insufficient evidence to support his conviction for aggravated battery, based on a self-defense argument, was meritless and denied his petition for habeas corpus relief.
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Fla. 5th DCA·
2021-03-19
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgments and sentences may be barred from future pro se filings to conserve judicial resources.
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Fla. 1st DCA·
2021-03-19
The appellate court denied a petition for relief from convictions and sentences, finding that appellate counsel was not ineffective for failing to argue that the trial court should have excused two jurors. The petitioner failed to show fundamental error or bias on the part of the
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A habeas corpus petition is denied where the petitioner has previously raised the same claims in multiple prior appeals and no fundamental error exists in the jury instruction for the offense of conviction.
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The trial court properly denied Scott's amended second or successive motion for post-conviction relief.
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Fla. 3d DCA·
2021-03-17
A circuit court lacks jurisdiction to review the legality of a conviction imposed in another circuit, and a habeas corpus petition challenging conviction legality must be filed in the circuit where the conviction occurred.
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M.D. Fla.·
2021-03-15
The federal habeas petition is dismissed as untimely because the petitioner failed to file within the one-year limitations period prescribed by AEDPA, and neither state post-conviction motions nor equitable tolling could revive the expired period.
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M.D. Fla.·
2021-03-12
A federal district court cannot consider a second or successive habeas corpus petition without prior authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2021-03-10
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Fla. 2d DCA·
2021-03-10
The Florida District Court of Appeal, Second District, imposed restrictions on Jimmy Lee Wheeler's pro se filings after he initiated over twenty meritless proceedings related to two criminal cases. The court directed the clerk to reject future filings unless signed by a licensed
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The court held that the petitioner's claim of ineffective assistance of counsel was meritless and that the state court did not unreasonably deny it.
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The court held that the habeas corpus petition was untimely and procedurally barred, and that the petitioner failed to establish ineffective assistance of counsel under the Strickland standard.
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The court held that a claim based solely on state law regarding the withdrawal of a plea is not cognizable in federal habeas corpus proceedings. Furthermore, the court found that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to cle
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The court held that the applicant's federal claims were unexhausted and procedurally defaulted because they were not fairly presented as federal issues in state court, and no exceptions applied to overcome the default.
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S.D. Fla.·
2021-03-05
The court held that the petitioner's objections to the magistrate judge's report were overruled, and the petition for a writ of habeas corpus was denied.
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M.D. Fla.·
2021-03-03
The federal court denied a habeas corpus petition because the petitioner's claims were unexhausted and procedurally defaulted, and even if considered, failed to demonstrate prejudice under Strickland v. Washington.
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M.D. Fla.·
2021-03-02
A federal habeas corpus petition filed more than nine years after the conviction became final is untimely and must be dismissed, as statutory and equitable tolling do not apply.
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The court held that the state court's denial of the motion to suppress was not an unreasonable application of federal law, and other claims were unexhausted or procedurally barred.
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Fla. 1st DCA·
2021-02-26
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M.D. Fla.·
2021-02-25
The court held that the state court's denial of the petitioner's mandamus petition was not an unreasonable application of federal law or an unreasonable interpretation of the facts, and therefore denied the petition for writ of habeas corpus.
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M.D. Fla.·
2021-02-24
Michael Boyington, convicted in Florida state court of attempted murder and aggravated assault, filed a federal habeas petition challenging his conviction on six grounds, including claims of ineffective assistance of counsel, prosecutorial misconduct, and jury instruction error.
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Fla. 2d DCA·
2021-02-24
Willie McGee's appeal was dismissed for failure to comply with a court order, and the court imposed a sanction requiring that future filings related to his criminal case be signed by a licensed Florida attorney. This case addresses frivolous litigation and the court's authority t
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S.D. Fla.·
2021-02-24
The court granted Petitioner's motion to proceed in forma pauperis on appeal.