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.·
2020-07-30
The court held that venue was improper in the Southern District of Florida and transferred the case to the Middle District of Florida.
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M.D. Fla.·
2020-07-30
The court held that venue was improper in the Southern District of Florida and transferred the case to the Middle District of Florida.
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M.D. Fla.·
2020-07-29
The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate entitlement to equitable tolling.
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Fla. 5th DCA·
2020-07-24
A pro se litigant who engages in a pattern of abusive, repetitive, and frivolous filings attacking his judgment and sentence may be prohibited from filing further pro se petitions concerning that case.
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Fla. 1st DCA·
2020-07-24
This case concerns a juvenile, N.W., who sought release from detention via a writ of habeas corpus, arguing his detention violated Florida statutes. The court found that the juvenile's extended detention beyond the statutory 72-hour limit for failure to appear was impermissible,
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S.D. Fla.·
2020-07-23
The court held that a petition for a writ of habeas corpus challenging post-removal order detention is premature if filed before the presumptively reasonable six-month detention period has expired.
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The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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S.D. Fla.·
2020-07-16
The court held that the petitioner's prolonged detention did not violate his due process rights because his actions in seeking stays of removal interrupted the statutory removal period.
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S.D. Fla.·
2020-07-16
The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 must be filed in the district of confinement, and this petition was dismissed for lack of jurisdiction.
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M.D. Fla.·
2020-07-15
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 the facts.
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M.D. Fla.·
2020-07-13
The court held that the petitioner established a claim for unlawful post-removal detention, shifting the burden to the government to prove likelihood of removal, which they failed to do.
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Fla. 1st DCA·
2020-07-13
Appellate counsel was ineffective for failing to challenge an illegal sentence that imposed a single twenty-year term for multiple offenses and exceeded the statutory maximum for a third-degree felony under Florida Statutes section 775.084(4)(a).
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M.D. Fla.·
2020-07-13
A petition for a writ of habeas corpus under 28 U.S.C. § 2241 is not the proper avenue for a prisoner to challenge the conditions of his confinement or seek compassionate release; such claims must be brought as a civil rights action or before the sentencing court, respectively.
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M.D. Fla.·
2020-07-13
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish an actual innocence gateway exception.
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A non-sentencing trial court lacks jurisdiction to entertain a habeas corpus petition asserting claims cognizable under Florida Rules of Criminal Procedure 3.800 and 3.850.
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M.D. Fla.·
2020-07-10
The court held that the petitioner's claims were either procedurally barred or failed to meet the Strickland standard for ineffective assistance of counsel, and thus the petition for writ of habeas corpus was denied.
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M.D. Fla.·
2020-07-07
The court held that Petitioner is not entitled to federal habeas relief on any of his grounds for relief.
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The court held that the state court's ruling on the petitioner's ineffective assistance claim was not contrary to clearly established federal law, but granted a certificate of appealability on that issue.
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M.D. Fla.·
2020-06-30
Roderick Campbell challenged his 2008 Florida convictions for firearm offenses through federal habeas corpus, arguing ineffective assistance of counsel and other constitutional violations. The federal court denied the petition, finding most claims procedurally barred or defaulted
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M.D. Fla.·
2020-06-30
The court held that the petitioner's claims were unexhausted, procedurally defaulted, or not cognizable on federal habeas review.
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11th Cir.·
2020-06-29
Mark Allen Jenkins, an Alabama death row inmate convicted in 1991 of the capital murder of Tammy Ruth Hogeland, appealed his conviction and sentence on grounds of ineffective assistance of counsel during the penalty phase and intellectual disability under the Eighth Amendment. Th
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M.D. Fla.·
2020-06-26
The court held that it lacked subject matter jurisdiction to consider the petitioner's habeas corpus petition because the petitioner's claims were cognizable under 28 U.S.C. § 2255 and the petitioner had already filed a prior § 2255 motion without obtaining authorization for a su
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M.D. Fla.·
2020-06-26
The court held that release is not an appropriate remedy for conditions of confinement claims, and the conditions at the detention facilities did not violate petitioners' due process rights under the deliberate indifference standard.
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M.D. Fla.·
2020-06-25
The court held that the state appellate court's adjudication of the petitioner's claim regarding the suppression of eyewitness identification was neither contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination o
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M.D. Fla.·
2020-06-23
The court held that the petitioner's federal habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). The court reasoned that the one-year limitations period expired before the petitioner filed his state post-conviction relie
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M.D. Fla.·
2020-06-22
The court denied the petitioner's motion to stay his federal habeas corpus petition pending exhaustion of state court remedies.
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Fla. 5th DCA·
2020-06-19
A court may sanction a pro se litigant for abusive, repetitive, malicious, or frivolous filings by barring future pro se filings and referring the matter to prison officials for disciplinary proceedings.
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M.D. Fla.·
2020-06-16
Byron Boutin was convicted of second-degree murder in connection with the 2012 death of Deanna Stires, who was fatally overdosed on morphine after being attacked and restrained with duct tape. Boutin filed a federal habeas corpus petition challenging his conviction on grounds tha
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M.D. Fla.·
2020-06-16
The court held that the petitioner's claim regarding the information being filed in bad faith was procedurally defaulted and unexhausted, and alternatively, the information provided adequate notice. The court also held that the petitioner's sentence was a lawful enhancement as a
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N.D. Fla.·
2020-06-12
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.·
2020-06-11
A court may exercise its inherent authority to sanction a litigant who persistently files frivolous, meritless, and repetitive requests for relief that abuse the judicial process and burden the court's limited resources. Pro se filings by such an abusive litigant may be barred un
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Fla. 1st DCA·
2020-06-10
The appellate court denied a petition for writ of habeas corpus, finding that appellate counsel was not ineffective for failing to argue on direct appeal that the amended information was defective. The court reasoned that the information adequately provided notice of the charges,
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M.D. Fla.·
2020-06-10
The federal habeas petition is dismissed as time-barred because it was filed more than one year after the state court judgments became final, and no tolling events occurred.
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The court held that while the petitioner may have shown deficient performance or a state's failure to disclose, he did not make a substantial showing that the outcome would have been different, thus denying relief under § 2254(d).
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The appellate court granted a writ of habeas corpus, vacating an order for involuntary treatment. The court found that the order was improperly entered because the required assessment had not been completed within the statutory timeframe.
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M.D. Fla.·
2020-06-09
The court held that the petitioner's claims regarding due process and equal protection were unexhausted and procedurally barred, and his ineffective assistance of counsel claims were not meritorious under the deferential AEDPA standard.
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M.D. Fla.·
2020-06-08
A federal prisoner cannot use the § 2241 saving clause to challenge a conviction based on an intervening change in the law if they have already had a prior § 2255 motion denied.
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Fla. 1st DCA·
2020-06-08
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M.D. Fla.·
2020-06-08
A federal prisoner cannot use the saving clause of 28 U.S.C. § 2255(e) to seek relief under § 2241 based on an intervening change in the law or general health risks from confinement.
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Fla. 2d DCA·
2020-06-05
The appellate court affirmed the lower court's denial of a habeas corpus petition and motion for clarification. The court held that the petitioner's claim that he should have been allowed to amend his petition was not ripe for review because he had not yet filed a motion that was
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Fla. 1st DCA·
2020-06-03
A successive petition for writ of habeas corpus raising the same issues as a previously dismissed petition must be dismissed.
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M.D. Fla.·
2020-06-01
The court held that a federal habeas petition filed outside the one-year limitations period under AEDPA is dismissed unless the petitioner can establish actual innocence with new, reliable evidence or demonstrate entitlement to equitable tolling, neither of which was shown here.
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Roderick W. Campbell challenged his state convictions for carrying a concealed firearm and possessing a firearm as a convicted felon, each carrying sentences of thirty years and five years respectively, by petitioning for federal habeas corpus relief under 28 U.S.C. § 2254. The D
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M.D. Fla.·
2020-05-29
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish entitlement to equitable tolling.
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M.D. Fla.·
2020-05-28
Elliott Lewis, an inmate in Florida, sought federal habeas corpus relief from his 2013 conviction for selling oxycodone, raising claims including Brady violations, entrapment, ineffective assistance of counsel, and failure to call witnesses. The District Court for the Middle Dist
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Fla. 1st DCA·
2020-05-26
A habeas corpus petition cannot be used to litigate issues that could have been raised on direct appeal or in postconviction proceedings, and a motion to disqualify the trial judge filed while the defendant is represented by counsel is a nullity.
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M.D. Fla.·
2020-05-26
The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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M.D. Fla.·
2020-05-26
The court held that the petitioner's federal habeas corpus petition was untimely filed under the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations, and the petitioner failed to establish the actual innocence exception.