1,231 Florida cases classified under this topic, plus 996 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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S.D. Fla.·
2024-11-26
Joseph Haas, convicted of arson and attempted manslaughter arising from a fire at his house, sought federal habeas relief on grounds including double jeopardy, due process, and ineffective assistance of counsel. The court denied all claims but issued a certificate of appealabilit
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The Court held that 24 Del. C. 2616(a)(8) violates the Fourteenth Amendment's Equal Protection Clause because it arbitrarily imposes restrictions on physical therapists and athletic trainers that are not imposed on similarly situated healthcare providers, and the Board failed to
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The trial court did not abuse its discretion in denying the defendant's motion for mistrial where the prosecutor mentioned a 0.17 blood alcohol level in opening statement but the toxicologist refused to perform retrograde extrapolation at trial, because the prosecutor had a good
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The court held that the plaintiff failed to establish a substantial likelihood of success on the merits of its First Amendment challenge to the county's closing time ordinance.
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The court held that plaintiffs adequately pleaded Second Amendment and APA claims but failed to adequately plead a Taxing and Spending Clause claim, and dismissed embedded claims for vagueness and takings.
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S.D. Fla.·
2024-02-08
The court denied the plaintiffs' motion to proceed anonymously because their privacy concerns, particularly regarding immigration status and past trauma, did not outweigh the strong presumption of openness in judicial proceedings.
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M.D. Fla.·
2024-01-30
The court held that the petitioner's claims were procedurally barred due to failure to exhaust state remedies and properly present federal issues, and that even if considered on the merits, the claims lacked merit under AEDPA's deferential standard.
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The court established standing discovery procedures for the Southern District of Florida, emphasizing compliance with Federal Rules of Civil Procedure and local rules.
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NCF Freedom Inc. and other New College faculty and students sued to block the enforcement of Florida's SB 266, which restricts what can be taught in general education courses and limits state funding for certain campus programs and activities, arguing the law violates First Amend
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M.D. Fla.·
2023-08-31
The court held that the Petitioner's motion for reconsideration did not present grounds for extraordinary relief, as it merely reiterated prior arguments and did not demonstrate intervening legal changes, new evidence, or clear error.
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The court held that the petitioner's claims under 28 U.S.C. § 2255 were frivolous and procedurally barred, warranting denial of the petition.
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The Court held that the deed restriction is unenforceable on its face because it lacks a fixed standard of review, rendering it subject to arbitrary and inconsistent application. Consequently, the Plaintiff's motion for summary judgment was denied, and judgment was entered in fav
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A federal district court blocked Florida from enforcing two provisions of a law regulating third-party voter registration organizations: a requirement that only U.S. citizens can collect voter registration applications, and a ban on retaining voter information, finding both viola
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M.D. Fla.·
2023-06-09
The court denied the motion for preliminary injunction and granted the motion to dismiss, finding that while the plaintiff had standing and its claims were ripe regarding certain provisions, the religious exception presented a threshold issue requiring further development.
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The court held that while the ordinance provides sufficient notice of prohibited conduct, the enforcement standards in subsection 30-55(2)(a) are unconstitutionally vague.
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N.D. Fla.·
2023-05-19
The court held that the remaining plaintiffs lacked Article III standing at the time they filed suit, requiring dismissal of their claims.
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A trial court lacks jurisdiction to grant declaratory relief when the plaintiff alleges only the possibility of legal injury based on hypothetical and contingent facts, rather than demonstrating a bona fide, actual, and present practical need for the declaration. The customary us
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The court held that the movant's challenge to his § 924(c) and (o) convictions based on United States v. Davis is not jurisdictional and is subject to procedural default, and that the movant cannot establish cause and prejudice or actual innocence to excuse the default.
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S.D. Fla.·
2023-03-02
A plaintiff's claim under the Florida Telephone Solicitation Act based solely on receiving a single unsolicited text message, without alleging concrete harm beyond statutory damages, does not establish Article III standing, thus depriving the federal court of subject matter juris
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The court held that Movant's conviction on Count 5 is illegal because it was predicated on offenses no longer considered crimes of violence, and his procedural default is excused by actual innocence.
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S.D. Fla.·
2022-09-15
The court denied the motion to dismiss, holding that the Florida Telephone Solicitation Act (FTSA) is not unconstitutionally vague and does not violate the First Amendment.
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M.D. Fla.·
2022-08-05
The court held that the Telephone Consumer Protection Act (TCPA) and the Florida Telephone Solicitation Act (FTSA) apply to text messages, and the FTSA is constitutional. Therefore, the defendant's motion to dismiss was denied.
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N.D. Fla.·
2022-06-27
Plaintiffs have not met their burden to establish standing to pursue preliminary injunctive relief, except potentially for one plaintiff whose motion is reserved.
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The court adopted the Magistrate Judge's recommendation, awarding attorneys' fees and costs to the prevailing defendants, finding that intertwined claims justified awarding joint fees.
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In this First Amendment retaliation and false arrest case, the district court denied the defendant officer's motion to dismiss claims arising from plaintiff's arrest at a 2020 Miami protest after he criticized police while filming and speaking through a megaphone. The court held
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The court held that even if the movant's § 924(c) convictions were based in part on an unconstitutional predicate offense (Hobbs Act conspiracy), the error was harmless because the conspiracy was inextricably intertwined with valid predicate offenses (Hobbs Act robberies) and the
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M.D. Fla.·
2022-03-24
The court granted summary judgment for the defendants, finding the plaintiff's claims regarding excessive fines and unconstitutional vagueness lacked merit as a matter of law.
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The court held that plaintiffs have standing to sue under the Act, sufficiently allege trafficking, and that the Act is not unconstitutional, but dismissed claims by estates and heirs who acquired their rights after the statutory deadline.
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The court held that the statute of limitations and laches do not bar the government's action to revoke citizenship, and the complaint adequately states claims for relief.
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S.D. Fla.·
2021-12-22
The court held that the movant's claims for vacating his sentence under 28 U.S.C. § 2255 lacked merit, as they did not demonstrate ineffective assistance of counsel, double jeopardy violations, substantively unreasonable sentences, or unconstitutionally vague conditions of superv
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M.D. Fla.·
2021-12-09
The court held that the petitioner's claims of ineffective assistance of counsel and constitutional challenges to the statute were without merit or procedurally barred.
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Raimundo Antonio Hogan was convicted of firearm possession by a convicted felon and sentenced to 180 months imprisonment; he challenged his conviction and sentence through a §2255 motion on grounds of ineffective assistance of counsel, prosecutorial misconduct regarding firearm s
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Plaintiffs Craig and Yvonne Davis sued Little Giant Ladder Systems, LLC (formerly Wing Enterprises, Inc.) for injuries from a defective Velocity Model 22 ladder that failed when Craig Davis used it to hang Christmas lights in December 2018, seeking damages under theories of negli
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M.D. Fla.·
2021-08-11
The court held that the plaintiff inmate failed to demonstrate a constitutionally protected liberty or property interest that would trigger due process protections, and therefore, the defendants were entitled to summary judgment.
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N.D. Fla.·
2021-06-30
The court held that certain provisions of Florida's social media law are likely preempted by federal law (47 U.S.C. § 230) or violate the First Amendment, warranting a preliminary injunction against their enforcement.
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The petition for a writ of habeas corpus is denied because the claims are procedurally barred or waived by a guilty plea.
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Jimmy A. Jones, a federal prisoner sentenced to 180 months imprisonment for felon in possession of a firearm with an Armed Career Criminal Act (ACCA) enhancement, challenged his sentence under 28 U.S.C. § 2255 based on the Supreme Court's decision in Johnson v. United States, whi
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The court held that the petitioner's motion to vacate his sentence was untimely and dismissed it, as he failed to establish grounds for equitable tolling or actual innocence.
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Jon Christopher Stoune was convicted of attempted enticement of a minor, advertising child pornography, and attempted production of child pornography after engaging in sexually explicit communications with an undercover police officer posing as a 14-year-old girl. The district co
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The court held that the petitioner's claims under the First Step Act and for ineffective assistance of counsel were either inapplicable, not retroactive, or time-barred, and thus his motion to vacate sentence was denied.
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The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to vacate and granting a certificate of appealability.
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The court affirmed the magistrate judge's recommendation to deny the motion to correct sentence, holding that carjacking is a crime of violence under the elements clause of 18 U.S.C. § 924(c)(3)(A).
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The court held that the movant failed to demonstrate prejudice from the alleged instructional error, and that his section 924(o) conviction was not solely based on the unconstitutionally vague residual clause of section 924(c).
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The court held that the Governor's Executive Order mooted most, but not all, of the plaintiffs' claims challenging a county mask ordinance, and dismissed some claims for failure to state a claim.
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The court held that the petitioner's claims of ineffective assistance of counsel and other grounds for vacating his sentence were procedurally barred, refuted by the record, or otherwise without merit.
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M.D. Fla.·
2020-10-12
Peter Vigue, a homeless person, challenged the constitutionality of two Florida statutes that prohibited charitable solicitation on public roadways without a permit, alleging violations of his First Amendment right to free speech. The court ruled that Florida Statutes § 316.2045
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The court adopted the magistrate judge's recommendations, denying both the SEC's motion for partial summary judgment and Montano's motion for summary judgment. The court found that while Montano's objections were largely unavailing, the SEC failed to present a clear case for summ
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The court adopted the magistrate judge's report, finding that the CFTC has jurisdiction, the laws are not unconstitutionally vague, Montano acted as a CTA, and his conduct falls under the Commodity Exchange Act.
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The court held that the movant's conviction under 18 U.S.C. § 924(c) was unconstitutional because it likely relied on the statute's now-voided residual clause, and this claim was not procedurally barred.