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.·
2019-10-03
The court held that it lacked subject matter jurisdiction to hear the habeas corpus petition because the petitioner's claims were challenges to the validity of his sentence, which should have been brought under 28 U.S.C. § 2255, and he had already exhausted that avenue without au
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M.D. Fla.·
2019-10-02
The court held that the federal habeas petition was untimely because the petitioner failed to demonstrate diligence in pursuing his state court remedies and therefore equitable tolling was not warranted.
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N.D. Fla.·
2019-10-02
The court held that the petitioner failed to make a substantial showing of the denial of a constitutional right, thus denying a certificate of appealability and dismissing the petition.
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15th Cir. Ct. App. Div.·
2019-10-01
John E. Carter, an attorney facing criminal contempt charges, petitioned for a writ of habeas corpus and prohibition after being remanded into custody for a mental health evaluation. The appellate court granted both petitions, finding the trial judge failed to follow required pro
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The court held that a Rule 60(b)(3) motion cannot be used to reopen a federal habeas judgment based on fraud perpetrated on a state court.
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M.D. Fla.·
2019-09-30
The court held that the petitioner's habeas petition was timely filed, denying the respondent's motion to dismiss.
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M.D. Fla.·
2019-09-30
The court held that the petitioner's federal habeas corpus petition was untimely filed and that he failed to demonstrate actual innocence to overcome the procedural bar.
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N.D. Fla.·
2019-09-29
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.·
2019-09-23
Efrain Camarill Cruz, a Mexican citizen convicted in 2013 of soliciting a minor and traveling to meet a minor for illegal sexual conduct, filed a federal habeas corpus petition challenging his guilty plea on grounds that he was mentally incompetent, his counsel was ineffective, a
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M.D. Fla.·
2019-09-23
Terry Ragland was convicted of second-degree murder and attempted armed robbery in the 2010 murder of a robbery victim. The federal district court denied Ragland's habeas petition challenging his conviction on grounds of ineffective assistance of trial counsel, finding that each
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M.D. Fla.·
2019-09-19
The court held that the petitioner's federal habeas petition was time-barred because it was filed more than one year after his judgment became final and he failed to demonstrate extraordinary circumstances for equitable tolling.
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S.D. Fla.·
2019-09-16
Lower federal courts lack subject matter jurisdiction to review decisions of the United States Supreme Court or its Clerk.
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Fla. 5th DCA·
2019-09-13
A petitioner whose habeas corpus petition has been denied may be cautioned that further abusive, repetitive, malicious, or frivolous pro se filings will result in sanctions including a bar on pro se filings and referral for disciplinary proceedings.
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M.D. Fla.·
2019-09-11
The court held that the U.S. Parole Commission did not abuse its discretion in denying parole and setting a rehearing for 36 months, as the decision was rationally based on the extreme cruelty of the offense and the petitioner's risk.
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M.D. Fla.·
2019-09-06
The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA).
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M.D. Fla.·
2019-09-06
The court held that the petitioner failed to demonstrate that his counsel's performance was deficient or that any alleged deficiencies prejudiced his defense, and therefore denied the petition for a writ of habeas corpus.
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Fla. 2d DCA·
2019-09-04
The trial court's denial of a petition for writ of habeas corpus is affirmed.
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M.D. Fla.·
2019-09-04
The court held that the Bureau of Prisons' disciplinary proceedings did not violate the inmate's due process rights, as the decision was supported by 'some evidence' and followed regulatory procedures.
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Fla. 3d DCA·
2019-09-04
The court denied a petition for writ of habeas corpus filed by Casey Holmes, finding his claim of ineffective assistance of counsel time-barred and without merit. The court also noted Holmes' history of filing numerous frivolous appeals and ordered him to show cause why he should
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Fla. 3d DCA·
2019-09-04
The appellate court granted Orlando Hernandez's petition for habeas corpus relief, finding his appellate counsel was ineffective for failing to challenge the mandatory consecutive imposition of minimum mandatory sentences. This failure prevented Hernandez from benefiting from a s
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The court held that most of the applicant's claims were procedurally barred from federal review due to failure to properly present them in state court. The remaining claim of ineffective assistance of counsel was denied as the state court's decision was not contrary to or an unre
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S.D. Fla.·
2019-08-30
The court held that the state court's decision to uphold the plea agreement was not contrary to or an unreasonable application of federal law, as the petitioner was warned that the state plea agreement could not guarantee a concurrent federal sentence.
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M.D. Fla.·
2019-08-29
A federal inmate's petition for a writ of habeas corpus filed by a 'next friend' is dismissed because the 'next friend' failed to establish standing, as the inmate has a court-appointed guardian and has demonstrated capacity to file his own legal actions.
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M.D. Fla.·
2019-08-29
A federal prisoner challenging the validity of his conviction or sentence must file a motion under 28 U.S.C. § 2255 in the sentencing court, not a petition for writ of habeas corpus under 28 U.S.C. § 2241 in a different district.
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A state prisoner who files repeated habeas petitions raising identical claims that have been consistently rejected may be sanctioned by barring future pro se filings related to those cases unless represented by counsel, and the frivolous petition must be reported to the Departmen
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Fla.·
2019-08-29
The court held that the petitioner failed to show cause why he should not be barred from filing further pro se pleadings related to a specific case number due to his history of vexatious and meritless filings.
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M.D. Fla.·
2019-08-28
The court held that it lacks subject matter jurisdiction to review the petitioner's claims challenging the execution of her final removal order.
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The court held that Petitioner failed to establish prejudice under Strickland for ineffective assistance of counsel regarding his probationary status testimony, and his second claim was procedurally barred and not substantial.
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N.D. Fla.·
2019-08-26
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of clearly established federal law.
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Fla. 5th DCA·
2019-08-23
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be prohibited from future pro se filings in the appellate court.
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Fla. 3d DCA·
2019-08-21
The appellate court affirmed the lower court's denial of a petition for writ of habeas corpus, new trial, and other relief. The court found the petition was untimely, successive, and raised issues that should have been addressed on direct appeal.
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The court held that the petitioner failed to cite a valid statutory basis for removing his ongoing state criminal prosecution to federal court.
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N.D. Fla.·
2019-08-17
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.·
2019-08-16
The court held that the petitioner's claims were either unexhausted, procedurally barred, or without merit under AEDPA review.
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The court held that the petitioner's claims were not cognizable on federal habeas review or were waived by his voluntary plea, and that the state court's factual findings were entitled to deference.
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M.D. Fla.·
2019-08-13
The court held that the petitioner's federal habeas corpus petition was filed outside the one-year statute of limitations and was therefore dismissed as time-barred.
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Fla. 3d DCA·
2019-07-24
The court dismissed Alan Dale Owens' pro se petition for a writ of habeas corpus, finding that his claims should have been raised in the trial court. The court also noted Owens' history of filing numerous frivolous appeals and ordered him to show cause why he should not be prohib
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In termination of parental rights cases, a party seeking belated appellate review must file a petition for writ of habeas corpus in the circuit court, not a notice of appeal to the appellate court.
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Fla. 3d DCA·
2019-07-10
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Fla. 3d DCA·
2019-07-03
The appellate court reversed the denial of a habeas corpus petition, finding that the trial court erred in concluding the issues raised were previously litigated. The case was remanded for the trial court to address the merits of the petition.
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14 Fla. L. Weekly 2810·
Fla. 5th DCA·
2019-06-21
A petitioner who engages in abusive, repetitive, malicious, or frivolous pro se filings may be prohibited from future pro se filings to conserve judicial resources.
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274 So. 3d 1177·
Fla. 1st DCA·
2019-06-07
A petition for writ of habeas corpus should be dismissed when the petitioner has a pending direct appeal available as an adequate alternative remedy.
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273 So. 3d 1147·
Fla. 2d DCA·
2019-05-31
James Arthur Lee appealed a circuit court dismissal of his habeas corpus petition challenging conditions of confinement at Hardee Correctional Institution. Lee sought a court order directing prison officials to provide him with a bland diet for gastrointestinal issues. The appell
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The petition for writ of habeas corpus is dismissed.
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273 So. 3d 247·
Fla. 5th DCA·
2019-05-24
Appellate counsel was ineffective for failing to raise fundamental error where the trial court impermissibly considered the defendant's alleged untruthfulness and lack of remorse as a basis for imposing sentence.
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272 So. 3d 850·
Fla. 1st DCA·
2019-05-21
A petition for writ of habeas corpus is dismissed as moot when the circumstances that gave rise to the petition have been resolved.
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Appellate counsel is not ineffective for failing to raise a claim of ineffective assistance of trial counsel on direct appeal because such claims are more effectively raised in a motion for postconviction relief under rule 3.850.
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270 So. 3d 558·
Fla. 1st DCA·
2019-05-13
An appeal from a habeas corpus petition is dismissed as moot when the petitioner has been extradited to another state.
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Fla. 5th DCA·
2019-05-10
A circuit court reviewing a parole revocation must determine whether the parole examiner and the Florida Commission on Offender Review made the required statutory findings that the violation was both willful and substantial; failure to address this issue constitutes failure to ap
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273 So. 3d 210·
Fla. 5th DCA·
2019-05-10
Marvin Lancaster challenged the Florida Commission on Offender Review's revocation of his parole on the grounds that FCOR failed to make statutory findings that his parole violation was willful and substantial. The circuit court summarily denied his habeas petition, and Lancaster