2,208 Florida cases classified under this topic, plus 1,245 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 movant's motion to vacate his sentence was untimely filed and therefore must be summarily dismissed.
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The court held that the petitioner's habeas corpus petition was time-barred because the claims were not filed within the one-year limitation period and equitable tolling and actual innocence did not apply.
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The court held that the applicant's federal habeas corpus application was untimely because his state post-conviction motions did not properly toll the one-year limitation period, and he failed to establish entitlement to equitable tolling.
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The court conditionally certified the class for FLSA claims and approved notice to potential opt-in plaintiffs, but denied the request for equitable tolling of the limitations period.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's federal habeas corpus petition was untimely filed and that his claims of actual innocence were not supported by new, reliable evidence sufficient to overcome the time bar.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year statute of limitations, and equitable tolling was not warranted.
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The court held that the petitioner's federal habeas petition was timely filed because the statute of limitations reset when the order revoking probation and the subsequent sentence became final after the conclusion of direct review.
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The court held that the movant's motion under 28 U.S.C. § 2255 was untimely and denied a certificate of appealability.
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S.D. Fla.·
2024-01-12
The court held that the petitioner's federal habeas corpus petition was untimely under AEDPA's one-year statute of limitations because his subsequent state post-conviction filings were not "properly filed" and therefore did not toll the limitations period.
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M.D. Fla.·
2024-01-10
The court held that the petitioner's federal habeas petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) and denied his claims for equitable tolling and actual innocence.
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The court held that the movant's motion to vacate his convictions was untimely because it was filed outside the one-year statute of limitations, and equitable tolling was not warranted.
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Fla. 5th DCA·
2023-12-21
The statute of limitations for prosecution of a second-degree misdemeanor is tolled under section 775.15(5) when a defendant has no reasonably ascertainable place of abode or work within the state, and the statute does not require the State to prove diligent search efforts to est
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The court held that the petitioner's claims were untimely under the AEDPA statute of limitations and also lacked merit, therefore his motion to vacate his conviction and sentence was denied.
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Christopher Sutton, serving a life sentence for hiring someone to murder his parents, petitioned for federal habeas relief based on allegedly newly discovered evidence suggesting that a third party, not Sutton, had hired the perpetrator. The court dismissed the petition as time-b
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S.D. Fla.·
2023-12-14
The court held that the petitioner's habeas corpus petition was time-barred under AEDPA's one-year statute of limitations because it was filed more than two years after the judgment became final and no exceptions applied.
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M.D. Fla.·
2023-12-13
The court held that the federal habeas petition was untimely filed under AEDPA and equitable tolling was not warranted.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year limitations period.
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S.D. Fla.·
2023-12-08
The court held that the petitioner's federal habeas petition was untimely filed under AEDPA's one-year statute of limitations.
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The court held that the petitioner's federal habeas petition was time-barred under AEDPA and that he failed to establish grounds for equitable tolling.
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The court held that the applicant's federal habeas corpus application was time-barred because he failed to demonstrate entitlement to equitable tolling.
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Danny Hammond, an inmate convicted in 2015 of robbery with a weapon and sentenced to thirty years in prison, filed a federal habeas corpus petition challenging his conviction on seven grounds, primarily alleging ineffective assistance of trial counsel. The district court dismisse
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Fla. 3d DCA·
2023-11-29
A defendant's otherwise untimely postconviction relief motion under Florida Rule of Criminal Procedure 3.850 will not be considered on its merits absent narrow and exceptional circumstances showing deprivation of meaningful access to the courts, which Gomez failed to establish.
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M.D. Fla.·
2023-11-29
The court held that the petitioner's federal habeas petition was untimely because it was filed outside the one-year statute of limitations, and no tolling events applied to make it timely.
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A pretrial detainee incarcerated in a Florida jail brought a Section 1983 claim alleging that corrections officers failed to protect him from attack by another inmate and that medical staff violated his constitutional rights by failing to follow post-operative pain management ins
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The court held that the petitioner's motion to vacate his conviction was untimely because it was filed more than one year after his conviction became final and the cited Supreme Court precedent did not apply retroactively to restart the limitations period.
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The court held that the plaintiff's civil rights claims are time-barred by the applicable four-year statute of limitations, and therefore the motion to dismiss is granted.
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The court granted the plaintiff's motion to file an out-of-time motion for attorney's fees and awarded the requested fees under the Equal Access to Justice Act due to the Commissioner's non-opposition.
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The court held that the motion to vacate was time-barred and not entitled to equitable tolling, as the petitioner failed to exercise due diligence in discovering the status of his appeal.
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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) because it was filed more than one year after his judgment became final.
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The court held that a claim based solely on the retroactive application of an amended state statute under state law is not cognizable on federal habeas corpus review.
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M.D. Fla.·
2023-10-31
The court held that the federal habeas petition was untimely filed under AEDPA's one-year statute of limitations, and thus dismissed the petition.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period, as the conviction became final on December 3, 2014, and the petition was filed on March 14, 2021.
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M.D. Fla.·
2023-10-31
The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice. A certificate of appealability was denied.
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The court held that the applicant's habeas corpus petition was time-barred and not entitled to equitable tolling.
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The court held that the petitioner's claims for equitable tolling based on lack of education, inmate law clerk failures, and separation from legal papers were insufficient to overcome the untimeliness of his habeas petition.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because he failed to file it within the one-year limitations period and did not demonstrate entitlement to statutory or equitable tolling.
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The court held that the movant's motion under 28 U.S.C. § 2255 was untimely and not subject to equitable tolling.
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The court held that the movant's motion under 28 U.S.C. § 2255 was untimely and dismissed it.
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384 So. 3d 182·
Fla. 4th DCA·
2023-10-18
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The court held that the petitioner's motion to vacate his conviction was untimely and dismissed it because he failed to demonstrate entitlement to equitable tolling.
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The court held that the petitioner's habeas corpus petition was time-barred under AEDPA and that the circumstances presented did not warrant equitable tolling.
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The court held that the motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255 was untimely.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice, denying a certificate of appealability.
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M.D. Fla.·
2023-10-02
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.·
2023-09-28
Surgret Doss sued several law enforcement officials and the City of Tampa, alleging conspiracy and malicious prosecution after a judge referred him to police for potential perjury during a foreclosure dispute, leading to his arrest and prosecution. The district court dismissed mo
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The petition for a writ of habeas corpus is dismissed as time-barred because it was filed outside the one-year limitation period established by AEDPA, and the petitioner failed to establish entitlement to equitable tolling.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under AEDPA's one-year statute of limitations.
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The court held that a motion to vacate sentence under 28 U.S.C. § 2255 was untimely because it was filed more than sixteen years after the conviction became final, and the cited Supreme Court case did not establish a new, retroactively applicable rule that would render the motion
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The court held that the petitioner's newly raised claims were time-barred under AEDPA and that his remaining claims lacked merit, denying his motion to vacate, set aside, or correct his sentence.
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S.D. Fla.·
2023-09-20
The federal habeas petition is dismissed as untimely because the amended judgment vacating one count did not restart the one-year limitations period under AEDPA.