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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The court held that the state court's denial of the petitioner's claims was not an unreasonable application of federal law, and therefore denied the habeas corpus petition.
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M.D. Fla.·
2020-03-24
The court held that the state court's denial of the petitioner's claim regarding ineffective assistance of counsel for failing to suppress evidence was not contrary to federal law and was based on a reasonable determination of the facts.
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M.D. Fla.·
2020-03-23
The court held that the petitioner's claims were meritless and did not warrant federal habeas corpus relief.
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M.D. Fla.·
2020-03-23
The court held that the petitioner failed to demonstrate entitlement to equitable tolling of the one-year limitations period for filing a federal habeas corpus petition, and thus the petition was untimely.
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M.D. Fla.·
2020-03-23
The court held that the petitioner's federal habeas corpus petition was time-barred because it was filed after the one-year limitations period expired and he failed to establish grounds for equitable tolling.
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The court denied the petition for writ of habeas corpus, finding that the petitioner procedurally defaulted claims and failed to demonstrate ineffective assistance of counsel under the AEDPA standard.
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S.D. Fla.·
2020-03-22
The court held that it lacks jurisdiction under 8 U.S.C. § 1252(g) to review a claim seeking to enjoin the execution of removal orders, even when related to pending provisional waiver applications.
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Fla. 5th DCA·
2020-03-20
A petitioner whose habeas corpus petition has been denied may be cautioned that further similarly inappropriate pro se filings asserting claims from the same cases may result in sanctions including a bar on pro se filing and referral for disciplinary proceedings.
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Fla. 1st DCA·
2020-03-20
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M.D. Fla.·
2020-03-19
The court held that the petitioner received constitutionally ineffective assistance of counsel because his attorney failed to advise him of the maximum sentencing exposure, and this failure prejudiced his decision-making regarding a plea offer.
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M.D. Fla.·
2020-03-19
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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A death sentence does not violate Hurst v. Florida when a unanimous jury verdict establishes at least one statutory aggravating circumstance beyond a reasonable doubt.
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M.D. Fla.·
2020-03-19
The Court held that Petitioner's state post-conviction motion was properly filed, thus tolling the federal habeas limitations period, and denied the Respondent's motion to dismiss.
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M.D. Fla.·
2020-03-18
The court held that a petitioner released from custody is not eligible for federal habeas corpus relief under 28 U.S.C. § 2254 unless they demonstrate continuing collateral consequences.
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M.D. Fla.·
2020-03-18
The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-03-16
The court held that the petitioner's claims were either unmeritorious or unexhausted, and that the state court's decisions were not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2020-03-13
The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
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Fla.·
2020-03-12
Hector Sanchez-Torres challenges the denial of his motion to vacate his death sentence conviction, raising claims of ineffective assistance of counsel at trial and on appeal. The Florida Supreme Court affirmed the postconviction court's denial of relief and rejected his habeas pe
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Fla. 2d DCA·
2020-03-11
The appellate court granted a petition for a writ of habeas corpus, finding that the monetary bond set for the petitioner's pretrial release was excessive and effectively denied him release. The court emphasized that bail conditions must be reasonable and cannot be so high as to
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Fla. 5th DCA·
2020-03-06
A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.
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S.D. Fla.·
2020-03-05
The court held that it lacked jurisdiction to issue a writ of mandamus to state courts, even when construing the petitioner's filing as such.
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952 F.3d 1251·
11th Cir.·
2020-03-05
The Eleventh Circuit denied the motion for appointment of substitute counsel and a stay of execution, finding the petitioner failed to demonstrate entitlement to either due to untimeliness, futility, and unjustified delay.
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M.D. Fla.·
2020-03-04
The court held that the petition for writ of habeas corpus was premature because the petitioner had not yet been detained for the presumptively reasonable six-month period following a final order of removal.
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S.D. Fla.·
2020-03-02
The court held that a petition for a writ of habeas corpus under 28 U.S.C. § 2241 challenging post-removal order detention is premature if filed before the expiration of the presumptively reasonable six-month detention period.
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The court held that jurisdiction for a habeas petition challenging present physical confinement lies in the district of confinement.
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Fla. 4th DCA·
2020-02-26
The trial court's order denying the petition for writ of habeas corpus is affirmed.
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N.D. Fla.·
2020-02-26
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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S.D. Fla.·
2020-02-25
The court adopted the Magistrate Judge's Report and Recommendations, overruling the petitioner's objections and denying the petition for a writ of habeas corpus.
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M.D. Fla.·
2020-02-25
Richard Harris petitioned for federal habeas corpus relief, challenging his guilty plea to second-degree murder and related charges in Florida state court, raising five grounds based on alleged ineffective assistance of counsel. The district court denied the petition, finding tha
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The court denied the petition for a writ of habeas corpus, finding that the state court's denial of the ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's claims were either unexhausted and procedurally defaulted, or that the state court's denial of relief on the merits was not unreasonable under the applicable standards.
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Fla. 5th DCA·
2020-02-21
A petitioner whose habeas corpus petition has been denied may be sanctioned for abusive, repetitive, malicious, or frivolous pro se filings by barring future pro se filings and referral to prison officials for disciplinary proceedings.
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M.D. Fla.·
2020-02-20
A federal habeas petition filed more than one year after the conviction became final, and after the federal limitations period expired, cannot be revived by a subsequent state post-conviction motion or by relying on a U.S. Supreme Court decision that is not retroactively applicab
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A petition for habeas corpus alleging ineffective assistance of appellate counsel filed more than four years after the judgment and sentence become final on direct review is procedurally barred and must be dismissed.
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S.D. Fla.·
2020-02-19
The court held that a filing challenging state court convictions must be treated as a habeas petition under 28 U.S.C. § 2254, and successive claims are dismissed for lack of jurisdiction under 28 U.S.C. § 2244(b)(1).
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The court held that the plaintiff's challenge to a civil contempt order must be pursued in state court, and therefore, the Younger abstention doctrine applies.
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Robert Gorham sought federal habeas relief arguing his trial attorney failed to convey a five-year pretrial plea offer, violating his Sixth Amendment right to effective assistance of counsel. The District Court found the state trial court improperly applied the legal standard for
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M.D. Fla.·
2020-02-18
The court held that the petitioner's claims of ineffective assistance of counsel were denied because they either failed to meet the Strickland standard or were procedurally defaulted and lacked merit. The court applied the highly deferential AEDPA standard, finding no basis to ov
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M.D. Fla.·
2020-02-14
The court held that the state court's denial of the petitioner's Brady claim was not objectively unreasonable, as the withheld evidence regarding a confidential informant was not material to the outcome of the trial.
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The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
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The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating multiple appeals for review.
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The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court also affirmed the denial of several post-conviction motions filed by the appellant, consolidating all appeals for review.
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The appellate court affirmed a trial court's decision finding the appellant in willful and substantial violation of probation. The court addressed multiple consolidated appeals related to the appellant's probation violation, sentence, and various post-conviction motions, finding
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The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
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The appellate court affirmed a trial court's decision finding Thaddeus Martin in willful and substantial violation of his probation. The court also affirmed the denial of several of Martin's post-conviction motions, consolidating all appeals for review.
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M.D. Fla.·
2020-02-10
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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Fla. 5th DCA·
2020-02-06
A defendant not charged with a capital felony or life felony must be released on reasonable conditions when the State has not sought pretrial detention.
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M.D. Fla.·
2020-02-05
The court held that the petition for writ of habeas corpus was untimely filed under 28 U.S.C. § 2244(d)(1) and denied equitable tolling.
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Fla. 3d DCA·
2020-02-05