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.·
2020-12-28
The court denied the habeas petition, finding that the petitioner's claims were either procedurally defaulted or failed to demonstrate a violation of federal law or the Constitution.
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S.D. Fla.·
2020-12-28
A district court may sua sponte dismiss a habeas petition as untimely without requiring a response from the state, provided the petitioner receives notice and an opportunity to be heard.
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S.D. Fla.·
2020-12-23
The court adopted the magistrate judge's report, denying the petition for a writ of habeas corpus and refusing to issue a certificate of appealability.
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M.D. Fla.·
2020-12-22
A petition for a belated appeal does not toll the one-year limitations period under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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S.D. Fla.·
2020-12-21
The court held that a federal habeas petition challenging a state court conviction previously attacked in a prior federal habeas petition is a "second or successive" petition, requiring preauthorization from the Eleventh Circuit, and absent such authorization, the district court
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M.D. Fla.·
2020-12-18
The court held that the Petitioner is not entitled to habeas relief because the state court's decisions were not contrary to, nor did they involve an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-12-14
The court held that a petitioner must be in custody under the challenged state court judgment at the time the petition is filed to establish federal habeas corpus jurisdiction.
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M.D. Fla.·
2020-12-14
The court held that the petitioner's habeas corpus petition was untimely filed and did not qualify for the actual innocence exception, warranting dismissal.
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Fla. 1st DCA·
2020-12-14
The appellate court reversed a lower court's grant of habeas corpus relief, finding that the Department of Corrections was not given proper notice or an opportunity to be heard. The case highlights the procedural requirements for responding to habeas corpus petitions, especially
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M.D. Fla.·
2020-12-11
The court held that the petitioner's continued post-removal detention violated his Fifth Amendment due process rights because the government failed to demonstrate a likelihood of removal in the reasonably foreseeable future after over fifteen months of detention.
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S.D. Fla.·
2020-12-11
A federal district court lacks subject-matter jurisdiction to consider a second or successive habeas petition if the petitioner has not obtained authorization from the court of appeals.
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M.D. Fla.·
2020-12-11
The court held that the amended sentencing document did not constitute a new judgment for AEDPA purposes, rendering the habeas petition untimely.
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S.D. Fla.·
2020-12-10
The district court held it lacked subject matter jurisdiction to review the petitioner's challenge to a final order of removal, as such review is exclusively vested in the court of appeals.
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Luis Hollis filed a pro se petition for ineffective assistance of appellate counsel (IAAC) more than eleven years after his direct appeal was affirmed, far exceeding the applicable statutory deadlines. The Fourth District Court of Appeal denied the petition, finding that Hollis f
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The court denied the petition for a writ of habeas corpus, finding no merit to claims of ineffective assistance of counsel.
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M.D. Fla.·
2020-12-08
The court held that defects in state collateral proceedings are not cognizable on federal habeas review. Therefore, the petition for a writ of habeas corpus should be denied.
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M.D. Fla.·
2020-12-07
The court denied the petitioner's motion to alter or amend the judgment.
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M.D. Fla.·
2020-12-07
The court held that a petition for compassionate release under 18 U.S.C. § 3582(c)(1)(A) must be filed in the sentencing court, not in a habeas corpus petition in the current facility's district.
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The petition for writ of habeas corpus is dismissed as untimely filed because it was filed outside the one-year limitations period established by AEDPA.
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The court held that the petitioner failed to demonstrate entitlement to federal habeas corpus relief on any of his grounds, affirming the denial of his petition.
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A defendant challenging a conviction based on a Brady notice regarding improper CPI calculations in DNA analysis must establish that CPI was actually applied to the DNA evidence in his case, and paternity tests involving only two individuals do not involve CPI analysis.
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The court held that the petitioner's federal habeas petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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Fla. 3d DCA·
2020-12-02
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The court held that the petitioner failed to establish a Brady violation because the alleged exculpatory evidence was not possessed or suppressed by the prosecution team, and therefore, habeas relief was denied.
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S.D. Fla.·
2020-11-30
A pro se petition for a writ of habeas corpus under 28 U.S.C. § 2241 is denied because the petitioner failed to exhaust her administrative remedies with the Florida Department of Corrections.
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M.D. Fla.·
2020-11-30
The court denied the petition for writ of habeas corpus, finding that the petitioner's claims were either procedurally defaulted or that the state court's adjudication of the claims on the merits did not violate federal law under AEDPA standards.
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M.D. Fla.·
2020-11-25
The court denied the petition for habeas corpus, finding claims procedurally barred or without merit.
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M.D. Fla.·
2020-11-25
The court held that the petitioner failed to demonstrate cause and prejudice for his procedurally defaulted claim, and thus federal habeas relief was denied.
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M.D. Fla.·
2020-11-24
The federal court denied the petition for writ of habeas corpus, finding the state court's decision to admit the petitioner's statement was not contrary to or an unreasonable application of federal law.
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N.D. Fla.·
2020-11-23
The court held that while the petitioner was denied his right to a jury finding on a fact essential to his minimum mandatory sentence under Alleyne v. United States, this error was harmless because the evidence overwhelmingly established the fact, and therefore, relief under § 22
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M.D. Fla.·
2020-11-20
The court held that an amended judgment correcting jail credit is not a new judgment that entitles the petitioner to a second round of federal habeas review.
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M.D. Fla.·
2020-11-20
Jordan J. Gadson challenged his first-degree murder conviction by filing a federal habeas corpus petition, arguing that jury instructions on felony murder and principals constituted a constructive amendment of the indictment, that trial counsel failed to advise him of the charges
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Appellate counsel cannot be deemed ineffective for failing to raise non-meritorious claims on appeal, and a defendant who entered a plea and whose judgment reflects an incorrect statutory version of the crime must pursue relief through a Rule 3.850 petition challenging trial coun
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Fla. 3d DCA·
2020-11-18
A habeas corpus petition alleging ineffective assistance of appellate counsel filed more than two years after judgment becomes final on direct appeal is untimely and procedurally barred when a prior petition on the same grounds was previously denied.
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M.D. Fla.·
2020-11-18
The court held that the petitioner's habeas corpus petition was untimely filed, as it was filed more than two years after the statute of limitations expired.
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M.D. Fla.·
2020-11-18
The court held that it lacks jurisdiction to order the Bureau of Prisons to place a prisoner in home confinement, as such decisions are exclusively within the BOP's discretion.
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Fla. 1st DCA·
2020-11-18
The appellate court denied a petition for a writ of habeas corpus, upholding the trial court's decision to deny bail to a defendant charged with second-degree murder. The court found sufficient evidence of guilt to justify detention pending trial.
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Fla. 3d DCA·
2020-11-12
A sentence provision requiring imprisonment 'at hard labor' is unauthorized surplusage and must be stricken from a sentence for armed robbery.
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S.D. Fla.·
2020-11-09
The court held that it lacked jurisdiction to review the Attorney General's discretionary decision to detain an alien, even when framed as a habeas corpus petition or constitutional claim.
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M.D. Fla.·
2020-11-09
The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, as the state court's actions indicated finality of the judgment despite the lack of an amended written sentence.
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M.D. Fla.·
2020-11-09
The district court denied a petition for a writ of habeas corpus because the petitioner failed to demonstrate that the state court's decision was contrary to or unreasonably applied federal law, or based on an unreasonable determination of facts, and the claims were unexhausted o
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M.D. Fla.·
2020-11-06
The court held that the petition for writ of habeas corpus is dismissed as successive and frivolous because the petitioner has previously filed numerous habeas petitions and the current claims are not new and lack merit.
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S.D. Fla.·
2020-11-06
The court adopted the Magistrate Judge's recommendation to deny the petition for writ of habeas corpus and denied a certificate of appealability.
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The court denied the petition for a writ of habeas corpus, finding that the petitioner's claims were either procedurally barred or failed to meet the deferential standards required under AEDPA and Strickland v. Washington.
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M.D. Fla.·
2020-11-06
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2020-11-05
The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's § 2254 Petition for Writ of Habeas Corpus and refusing to issue a certificate of appealability.
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M.D. Fla.·
2020-11-05
The court held that a successive federal habeas corpus petition based on newly discovered evidence requires prior authorization from the Eleventh Circuit Court of Appeals.
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M.D. Fla.·
2020-11-05
The court held that a federal inmate's petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district where the inmate's immediate custodian is located.
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M.D. Fla.·
2020-11-05
Daniel Toney, a state prison inmate, filed a federal habeas corpus petition challenging his 2010 Florida conviction for armed robbery and firearm possession, raising four grounds including insufficient evidence, improper HFO sentencing, ineffective assistance of trial counsel reg
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The court held that the plaintiff's pro se civil rights complaint failed to state a claim upon which relief could be granted due to insufficient pleading regarding defendants and constitutional violations.