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.·
2020-05-22
The court adopted the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus and the motion for stay and abeyance.
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Fla. 5th DCA·
2020-05-22
A trial court's denial of a habeas corpus petition is affirmed when the petition lacks merit.
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M.D. Fla.·
2020-05-21
Gerald Carter, a Florida inmate, petitioned for federal habeas corpus relief challenging his 2011 and 2014 convictions for shooting into an occupied dwelling and attempted second-degree murder. The district court denied relief on all three grounds, finding that Carter's claims al
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N.D. Fla.·
2020-05-20
Continued detention of an alien beyond the presumptively reasonable six-month period is unlawful if removal is not reasonably foreseeable and the alien has not frustrated the removal process.
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M.D. Fla.·
2020-05-19
Thomas Woods, an inmate in the Florida penal system, challenged his 2013 conviction for trafficking in cocaine while armed with a firearm through a federal habeas corpus petition, arguing that his trial counsel was ineffective for failing to advise him of or pursue an entrapment
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M.D. Fla.·
2020-05-19
The court held that the Petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception, warranting dismissal.
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M.D. Fla.·
2020-05-18
The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year limitations period, and equitable tolling was not warranted.
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Larry G. Jossey, Jr., an inmate proceeding without counsel, petitioned for federal habeas relief under 28 U.S.C. § 2254, challenging his state court conviction for armed robbery on eight grounds, including claims of ineffective assistance of counsel, jury instruction errors, and
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M.D. Fla.·
2020-05-14
The court held that a federal court cannot grant habeas corpus relief for alleged violations of state law, as federal habeas corpus is limited to violations of federal law.
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S.D. Fla.·
2020-05-14
The court held that a Certificate of Appealability (COA) is not warranted for the denial of the motion to alter or amend judgment because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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A man convicted of sexually abusing his girlfriend's nine-year-old daughter filed a federal habeas corpus petition challenging his conviction, arguing that certain trial court errors violated his constitutional rights. The district court denied relief, finding that some claims we
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M.D. Fla.·
2020-05-12
A federal prisoner seeking compassionate release under the First Step Act must file the motion in the sentencing court, not in a habeas corpus petition in a district court where the prisoner is incarcerated.
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The court held that the plaintiff's objections to the magistrate judge's orders were untimely and without merit, and that the case was properly dismissed for failure to comply with court orders regarding pleading deficiencies.
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M.D. Fla.·
2020-05-11
The court held that the petitioner is not entitled to habeas relief because the state court's adjudication of his claims was not contrary to, or an unreasonable application of, federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-05-08
A federal court lacks subject matter jurisdiction over a habeas corpus petition filed under 28 U.S.C. § 2241 when the petitioner is authorized to seek relief under D.C. Code § 23-110, unless the remedy under § 23-110 is inadequate or ineffective.
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M.D. Fla.·
2020-05-07
The court held that the state court's adjudication of the petitioner's claims was not contrary to or an unreasonable application of federal law, and therefore, the petition for writ of habeas corpus should be denied.
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A state prisoner who has filed multiple meritless pro se petitions to the Supreme Court may be sanctioned by barring future pro se filings related to the same conviction unless represented by counsel and by referral to the Department of Corrections.
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11th Cir.·
2020-05-05
The Eleventh Circuit held that the Bureau of Prisons reasonably interpreted President Obama's commutation order, and thus did not err in excluding the 37-month term served on a prior sentence from the recalculation of the appellant's release date.
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S.D. Fla.·
2020-05-05
The court held that the petitioner's habeas corpus petition should be denied because he failed to exhaust his state court remedies and, alternatively, his claims were insufficient on the merits.
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M.D. Fla.·
2020-05-04
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.·
2020-05-04
The court held that the petitioner's claim regarding a Nelson hearing is not cognizable on federal habeas review as it is a matter of state law. The court also held that the petitioner's Faretta claim fails because his request to proceed pro se was not clear and unequivocal, and
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M.D. Fla.·
2020-05-01
The court held that the petitioner's federal habeas corpus petition was untimely because it was filed more than one year after his conviction became final, and his claim of actual innocence did not meet the required standard.
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S.D. Fla.·
2020-04-30
The court held that the conditions at the detention centers violated detainees' Fifth and Eighth Amendment rights, and that injunctive relief was appropriate, but the specific remedy of release required further evaluation.
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M.D. Fla.·
2020-04-27
The court held that the petitioner failed to demonstrate probable cause to believe his condition had so changed that it was safe for him to be at large, and thus his civil commitment would continue.
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M.D. Fla.·
2020-04-22
The court denied the petitioner's motions for reconsideration and extension of time to appeal, finding the reconsideration motion untimely under Rule 59(e) and lacking merit under Rule 60(b).
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S.D. Fla.·
2020-04-20
The court held that an alien admitted under the Visa Waiver Program who overstays their authorized period and applies for adjustment of status after expiration waives their right to contest removal, precluding a preliminary injunction.
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M.D. Fla.·
2020-04-20
The court held that the state court's denial of the petitioner's claims was neither contrary to nor an unreasonable application of federal law, and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2020-04-20
The court held that a federal prisoner cannot use a § 2241 habeas petition to challenge the legality of his sentence when § 2255 is available, even if prior precedent foreclosed the claim.
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M.D. Fla.·
2020-04-20
A federal habeas petition under 28 U.S.C. § 2254 must be filed while the petitioner is in custody for the conviction being challenged, and the petition is subject to a one-year limitations period from the date the conviction became final.
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N.D. Fla.·
2020-04-17
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability.
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M.D. Fla.·
2020-04-16
The court held that the petitioner's due process rights were not violated by the prison disciplinary proceedings, and therefore, his petition for a writ of habeas corpus should be denied.
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M.D. Fla.·
2020-04-15
The court held that the petitioner failed to demonstrate ineffective assistance of counsel regarding competency and that his second claim was procedurally barred.
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M.D. Fla.·
2020-04-14
The federal court denied the petition for a writ of habeas corpus because it was untimely filed and equitable tolling was not warranted.
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M.D. Fla.·
2020-04-14
Taurice Brown, a Florida inmate, challenged his 2012 conviction for first-degree murder and attempted first-degree murder through a federal habeas corpus petition, raising eight grounds of ineffective assistance of trial counsel. The district court applied the highly deferential
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M.D. Fla.·
2020-04-10
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.
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M.D. Fla.·
2020-04-09
The court held that it lacked jurisdiction to consider a motion to toll the statute of limitations for a habeas petition when no petition had been filed, and that the statute does not authorize prospective tolling.
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M.D. Fla.·
2020-04-09
The court held that the petition for a writ of habeas corpus was premature because the petitioner had not been detained for the presumptively reasonable six-month period for removal proceedings.
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M.D. Fla.·
2020-04-08
Robert Meizlik, an inmate convicted in 2007 of sexual abuse offenses, sought federal habeas relief, alleging that his trial counsel and appellate counsel were ineffective and that his conviction was improperly reviewed. The court denied all claims on the merits or alternative pro
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N.D. Fla.·
2020-04-08
The court held that a duplicative habeas corpus petition challenging civil commitment should be dismissed.
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Fla. 1st DCA·
2020-04-07
The court denied a petition for a new trial based on ineffective assistance of appellate counsel, finding the petitioner's claims procedurally barred. The court clarified that a new legal precedent did not apply retroactively to convictions finalized before its issuance.
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M.D. Fla.·
2020-04-07
David Stratton, an inmate convicted of first-degree murder in 2008, filed a federal habeas petition challenging his conviction under 28 U.S.C. § 2254, raising claims of ineffective assistance of trial counsel regarding cross-examination and evidence presentation about lighting co
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M.D. Fla.·
2020-04-06
The court held that there is no constitutional right to counsel in state postconviction proceedings and that the petitioner's claim was unexhausted and procedurally defaulted.
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M.D. Fla.·
2020-04-06
The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to establish actual innocence or newly discovered evidence to overcome the statute of limitations.
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M.D. Fla.·
2020-04-06
The court held that the petitioner's challenge to his detention is moot because he has been released and deported, and there is no reasonable expectation of the same situation recurring.
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M.D. Fla.·
2020-04-06
The petition for writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to file within the one-year limitations period and did not establish entitlement to equitable tolling.
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N.D. Fla.·
2020-04-04
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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N.D. Fla.·
2020-04-03
The court adopted the Magistrate Judge's recommendation to dismiss the petition for writ of habeas corpus as untimely.
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M.D. Fla.·
2020-04-02
The court held that the petitioner's claim regarding the untimeliness of his administrative appeal was not cognizable in a § 2241 petition because it challenged the circumstances of his confinement, not the validity or duration of his sentence, and he failed to exhaust administra
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S.D. Fla.·
2020-03-31
The court held that it lacked jurisdiction to hear the petition for writ of habeas corpus because the petitioner was not in ICE custody and the proper avenue for challenging a removal order is a petition for review in the court of appeals.
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The court held that it lacks jurisdiction to grant an extension for a habeas corpus petition before it is filed.