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 new claims in the counseled petition do not relate back to the original pro se petition and that equitable tolling is not warranted because the petitioner failed to demonstrate a causal link between his alleged mental impairment and the untimely filing.
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The court held that individual defendants cannot be sued under Title VII and that the plaintiff's claims were untimely filed after the 90-day window from receiving the right-to-sue letter.
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The court held that the petitioner's federal habeas corpus petition was untimely filed and dismissed it with prejudice.
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M.D. Fla.·
2022-03-08
The Court denies the petition for a writ of habeas corpus and a certificate of appealability, finding that the petitioner's claims were either procedurally barred, failed to meet the AEDPA's deferential standard of review, or were not cognizable on federal habeas.
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Kasim Howard sued law enforcement officers for excessive force and battery following a 2016 traffic stop that escalated when he refused to comply with officers' commands and was tased during arrest for an unregistered vehicle. The court granted summary judgment in favor of Office
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA's one-year statute of limitations and that he failed to establish entitlement to equitable tolling.
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S.D. Fla.·
2022-02-11
The court denied the government's motion for summary judgment because genuine issues of material fact remain regarding the tolling of the statute of limitations for tax collection. The court also denied the government's motion for leave to supplement its motion and its motion to
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The court held that the plaintiff's Truth in Lending Act claim was time-barred and failed to state a claim upon which relief could be granted.
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The federal habeas petition is untimely and dismissed because the petitioner failed to demonstrate entitlement to equitable tolling or the fundamental miscarriage of justice exception.
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Fla. 2d DCA·
2022-01-28
The appellate court reversed a partial summary judgment granted to the defendants, finding the trial court applied the wrong legal standard. The court held that the statute of limitations for enforcing a promissory note is not contingent on a written and recorded agreement to ext
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Dennis McCloud's federal habeas petition challenging his 2010 Florida convictions for sexual battery and lewd and lascivious conduct was largely denied on procedural and substantive grounds. The court found the petition untimely as to one case because McCloud failed to file the r
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The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2022-01-24
Florida inmate Terry Glenn Loftin challenged his sexual battery convictions through federal habeas corpus, raising claims including inadequate Miranda warnings, Brady violations, ineffective assistance of counsel regarding competency investigations and trial strategy, and discove
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The Court held that the plaintiffs' breach of contract claim was barred by the statute of limitations. The convertible debentures at issue were not promissory notes, thus falling under the three-year statute of limitations for breach of contract, not the six-year statute for prom
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M.D. Fla.·
2022-01-07
The court denied the petition for writ of habeas corpus, finding one claim procedurally barred and the other lacking merit due to lack of prejudice. A certificate of appealability was denied.
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The court held that the petitioner's habeas corpus petition was untimely filed and not eligible for equitable tolling.
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A state inmate convicted of second-degree murder challenged his guilty plea on federal habeas review, raising multiple claims of ineffective assistance of counsel, including allegations that his counsel failed to adequately explain evidence, pursue an alibi defense, and advise hi
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The court held that the petitioner's habeas corpus petition was untimely filed and that his claims of actual innocence were not supported by sufficient new evidence to overcome the statute of limitations.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that he failed to establish grounds for equitable tolling or actual innocence.
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The petition for a writ of habeas corpus is dismissed with prejudice as untimely because the petitioner failed to demonstrate entitlement to equitable tolling or establish a credible claim of actual innocence.
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M.D. Fla.·
2021-12-17
Federal habeas relief is denied because the state court's adjudication of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of clearly established federal law, nor based on an unreasonable determination of the facts.
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M.D. Fla.·
2021-12-06
The petition for a writ of habeas corpus is dismissed as untimely because it was filed after the one-year limitations period expired and the petitioner failed to establish entitlement to equitable tolling or the actual innocence exception.
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M.D. Fla.·
2021-11-23
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period.
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The court held that the petitioner's habeas corpus petition was untimely filed and not subject to equitable tolling, warranting dismissal.
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M.D. Fla.·
2021-11-10
The petition for writ of habeas corpus is dismissed as untimely because it was filed outside the one-year limitations period established by AEDPA.
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The court denied the Petitioner's motion for an indicative ruling, finding that the requested relief regarding equitable tolling was already on appeal and that the request for transcripts was not properly before the court under Rule 62.1.
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The court held that the plaintiff's complaint was untimely filed, as it was filed more than ninety days after receipt of the final agency decision.
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The court held that the plaintiff's employment discrimination claim was untimely and barred by the statute of limitations.
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The court held that the petitioner's habeas petition was untimely because he failed to demonstrate reasonable diligence, a prerequisite for equitable tolling.
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The Court of Chancery granted the defendant's motion to dismiss, holding that the plaintiffs' claims were time-barred. The court found that the applicable three-year statute of limitations had expired, and no tolling doctrines or extraordinary circumstances applied to save the cl
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The court held that the judgment of conviction became final when the Supreme Court denied the first writ of certiorari challenging the conviction, not the subsequent denial of certiorari for the amended forfeiture order.
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Fla. 2d DCA·
2021-10-13
The appellate court reversed a lower court's decision that denied a surviving spouse's petition for an extension to elect an elective share. The court held that the spouse's timely petitions for extension tolled the deadline for making the election, aligning with Florida's public
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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 and denied equitable tolling.
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N.D. Fla.·
2021-09-30
The court held that the defendants' motion for judgment as a matter of law on statute of limitations grounds and for fraud claims is denied, as there are triable issues of fact regarding the discovery rule and reasonable reliance.
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The court held that the petitioner's federal habeas corpus petition was untimely filed under the AEDPA's one-year limitations period, and the petitioner failed to establish a valid actual innocence gateway claim.
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The court held that venue was improper in the Middle District of Florida and transferred the case to the Eastern District of Virginia in the interest of justice.
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M.D. Fla.·
2021-09-23
Lwane Mansell, a Florida prisoner convicted of luring/enticing a child and lewd/lascivious conduct against an 11-year-old, filed a federal habeas corpus petition challenging his conviction, raising claims of prosecutorial misconduct, insufficient evidence, and ineffective assista
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M.D. Fla.·
2021-09-21
A state prisoner's AEDPA limitations period does not restart when a sentence is amended nunc pro tunc to correct an omission, as this does not constitute a new judgment.
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The petition for writ of habeas corpus is dismissed as untimely because the petitioner's final state post-conviction motion was not properly filed under state law and therefore did not toll the federal limitations period.
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M.D. Fla.·
2021-09-07
Albert Jason Carter, an inmate challenging four state court convictions through a federal habeas petition, sought relief based on claims of ineffective assistance of counsel regarding his guilty pleas in four separate cases in which he received a cumulative twenty-year sentence.
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M.D. Fla.·
2021-08-30
The court denied the habeas corpus application because the claims were either untimely, procedurally defaulted, or failed to meet the AEDPA's deferential review standards for state court decisions on ineffective assistance of counsel claims.
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S.D. Fla.·
2021-08-20
The court held that it lacked jurisdiction to consider a request for an extension to file a habeas petition before the petition itself was filed.
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S.D. Fla.·
2021-08-17
The petition for writ of habeas corpus is dismissed as time-barred and for failure to comply with a court order.
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The court held that it lacked subject-matter jurisdiction over the plaintiff's constitutional claims due to the Rooker-Feldman doctrine and that the ADA claim failed for insufficient pleading and being time-barred.
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Fla. 2d DCA·
2021-08-13
The appellate court reversed a conviction for attempted robbery with a firearm, finding that the amended charges were filed outside the statute of limitations. The court held that the defendant's trial counsel rendered ineffective assistance by failing to raise this defense, whic
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M.D. Fla.·
2021-08-12
The petition for a writ of habeas corpus is dismissed with prejudice because it was untimely filed and the petitioner failed to establish entitlement to equitable tolling.
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The court held that the petitioner's motion to vacate his sentence was untimely and without merit because the government's decision not to file a Rule 35(b) motion is discretionary and not subject to review absent an unconstitutional motive.
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The court held that the petitioner's motion to vacate his sentence was time-barred because it was filed outside the one-year limitation period prescribed by 28 U.S.C. § 2255(f).
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M.D. Fla.·
2021-08-02
The court held that the petitioner's habeas petition was untimely filed and not entitled to equitable tolling.
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M.D. Fla.·
2021-07-28
The court held that the petitioner's habeas corpus petition was untimely and not subject to equitable tolling because he failed to demonstrate due diligence or a causal connection between his mental impairment and the late filing.