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.·
2020-09-21
Arthur Jones, a Florida prisoner, sought federal habeas relief under 28 U.S.C. § 2254, challenging his convictions for offenses including armed burglary, aggravated assault with a firearm, and drug possession. The District Court for the Middle District of Florida denied Jones's p
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S.D. Fla.·
2020-09-21
The court held that the Petitioner's claim was not cognizable under AEDPA because the state court's decision was not contrary to, or an unreasonable application of, clearly established federal law.
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M.D. Fla.·
2020-09-21
Copeland, an inmate convicted of attempted first degree murder, aggravated battery with a firearm, and shooting into a building, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his Florida conviction. The district court denied all four grounds of his pet
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Fla. 3d DCA·
2020-09-16
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S.D. Fla.·
2020-09-16
The court granted Petitioner's motion to proceed in forma pauperis on appeal.
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N.D. Fla.·
2020-09-15
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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M.D. Fla.·
2020-09-15
The court held that the Parole Commission's denial of parole was not an abuse of discretion and did not violate federal law, thus denying the petition for a writ of habeas corpus.
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S.D. Fla.·
2020-09-14
The court adopted the Magistrate Judge's Report and Recommendation, denying the Petitioner's Petition for Writ of Habeas Corpus and denying a Certificate of Appealability.
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M.D. Fla.·
2020-09-14
The court held that the petitioner's federal habeas corpus petition was time-barred under the AEDPA's one-year statute of limitations.
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M.D. Fla.·
2020-09-10
The court held that the petitioner's claims regarding erroneous jury instructions and ineffective assistance of counsel were procedurally barred or without merit under federal habeas review standards.
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M.D. Fla.·
2020-09-08
The court held that the petitioner's claims were unexhausted and procedurally barred because he failed to raise federal constitutional issues in state court, and thus his petition for habeas corpus relief was denied.
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M.D. Fla.·
2020-09-04
The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and equitable tolling was not warranted.
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M.D. Fla.·
2020-09-04
The district court dismissed the petition for writ of habeas corpus for lack of jurisdiction because the petitioner was not 'in custody' for one conviction and the other was a successive petition requiring prior authorization from the Court of Appeals.
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S.D. Fla.·
2020-09-04
The court recommended transferring the habeas petition to the Middle District of Florida because the Southern District of Florida lacked jurisdiction as it was not the district of the petitioner's confinement.
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M.D. Fla.·
2020-09-04
The court recommended transferring the habeas petition to the correct district court because the petitioner's place of confinement is outside this court's jurisdiction.
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M.D. Fla.·
2020-09-04
The court held that the petitioner's release from detention rendered his habeas corpus petition moot, as he had obtained the relief sought and no remaining collateral consequences or reasonable expectation of re-detention justified further review.
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Fla. 1st DCA·
2020-09-03
The First District Court of Appeal of Florida dismissed a petition for a writ of habeas corpus as moot because the petitioner was no longer in custody on the charge that formed the basis of the petition. The court noted that the petitioner had pleaded no contest, was adjudicated
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M.D. Fla.·
2020-09-02
The court held that the petitioner's claims were procedurally defaulted and without merit, and therefore denied the petition for writ of habeas corpus.
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S.D. Fla.·
2020-09-01
The court held that the death of a habeas petitioner renders the action moot.
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S.D. Fla.·
2020-08-31
The court held that a Rule 60(B) motion seeking to vacate a state court judgment is an unauthorized successive petition for writ of habeas corpus, requiring dismissal for lack of jurisdiction.
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M.D. Fla.·
2020-08-27
Zachery Keith Turner, convicted of lewd and lascivious battery on a minor, filed a federal habeas corpus petition challenging his conviction and 15-year sentence on multiple grounds, including claims of competency-to-stand-trial error, ineffective assistance of counsel, and Crawf
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M.D. Fla.·
2020-08-26
The court held that the petitioner's federal habeas petition was time-barred under AEDPA's one-year statute of limitations, as it was filed more than seven years after his judgment became final and he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2020-08-26
A claim of actual innocence, standing alone, is not cognizable in a second or successive federal habeas petition unless accompanied by an independent constitutional violation.
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A public defender does not act under color of state law for § 1983 claims, and state entities are not liable under respondeat superior or the Eleventh Amendment.
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Appellate counsel was ineffective for failing to raise on direct appeal the trial court's failure to conduct a competency hearing and enter an order adjudicating the defendant competent.
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M.D. Fla.·
2020-08-20
Federal habeas relief is denied because the state court's adjudication of the claims was not contrary to or an unreasonable application of federal law, and the factual determinations were not unreasonable.
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M.D. Fla.·
2020-08-19
The federal court denied the petition for a writ of habeas corpus because the petitioner failed to demonstrate that the state court's findings on her claims of ineffective assistance of counsel and due process violation were unreasonable.
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M.D. Fla.·
2020-08-19
The federal court denied a petition for a writ of habeas corpus because it was untimely filed under AEDPA's statute of limitations, and alternatively, the claims lacked merit.
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M.D. Fla.·
2020-08-17
The court held that the petitioner's challenge to her detention was moot because she was released from custody and placed in an Alternatives to Detention program, and she failed to demonstrate remaining collateral consequences or a reasonable expectation of facing the same situat
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N.D. Fla.·
2020-08-16
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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M.D. Fla.·
2020-08-14
The court denied the petition for a writ of habeas corpus, finding that the state court's adjudication of the claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2020-08-14
The court denied Petitioner a certificate of appealability because he failed to make a substantial showing of the denial of a constitutional right.
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M.D. Fla.·
2020-08-13
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year statute of limitations imposed by AEDPA, and the petitioner failed to establish grounds for equitable tolling.
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Oliver Samuels, convicted of first-degree premeditated murder in the death of his ex-girlfriend, petitioned for federal habeas corpus relief challenging the conviction on multiple grounds including Miranda rights violations, ineffective assistance of counsel, and insufficiency of
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Fla. 3d DCA·
2020-08-12
The appellate court affirmed the trial court's denial of a postconviction relief petition based on newly discovered evidence. The court found that the new evidence, a recantation by a witness, would likely not lead to an acquittal on retrial and was cumulative to existing evidenc
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M.D. Fla.·
2020-08-12
The court held that a pretrial detainee cannot seek relief under 28 U.S.C. § 2254 and that the petition, construed under § 2241, was not cognizable due to failure to exhaust state remedies and principles of abstention.
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M.D. Fla.·
2020-08-11
Jehu Ramirez challenged his Florida sexual battery conviction in federal habeas corpus proceedings, raising six grounds including ineffective assistance of trial counsel claims and procedural issues. The district court denied all six grounds, finding some procedurally defaulted f
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M.D. Fla.·
2020-08-11
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to federal law or an unreasonable determination of the facts, and therefore denied the petition for a writ of habeas corpus.
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Leonard Haggins challenged his conviction for robbery and burglary based on alleged trial errors and ineffective assistance of counsel in a federal habeas petition brought under 28 U.S.C. § 2254. The district court denied the petition, finding that Haggins either failed to proper
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The court denied Petitioner's habeas corpus petition, finding that the state court's adjudication of his claims was not contrary to, or an unreasonable application of, clearly established federal law and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-08-10
The court held that it lacks jurisdiction to order home confinement or make recommendations for it, and that the petitioner's procedural due process claim is moot due to his transfer.
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S.D. Fla.·
2020-08-07
A federal court lacks jurisdiction to grant a writ of habeas corpus under 28 U.S.C. § 2241 when the petitioner is not in the custody of the respondent authority, and an immigration detainer alone does not satisfy this requirement.
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S.D. Fla.·
2020-08-07
The court held that the petitioner's detention is governed by 8 U.S.C. § 1231(a) and is presumed reasonable, thus his petition for writ of habeas corpus must be dismissed.
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M.D. Fla.·
2020-08-05
The court held that it lacked jurisdiction to grant a stay of the federal habeas limitations period or extend it when no actual petition had been filed.
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S.D. Fla.·
2020-08-04
The court held that the petitioner's claims of ineffective assistance of counsel were not meritorious and denied his petition for a writ of habeas corpus, also denying his motion to withdraw.
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N.D. Fla.·
2020-08-04
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. 1st DCA·
2020-08-03
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M.D. Fla.·
2020-08-03
The court denied the petition for a writ of habeas corpus because the petitioner's claims were either unexhausted, procedurally defaulted, or failed to meet the stringent standards for federal review under AEDPA.
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Michael Wayne Shellito, a state prisoner serving life without parole for first-degree murder, sought federal habeas corpus relief challenging his conviction on three grounds: suppression of material evidence, ineffective assistance of trial counsel at the guilt phase, and absence
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The court held that it lacks jurisdiction to consider the successive habeas petition because the petitioner failed to obtain authorization from the court of appeals.