2,072 Florida cases classified under this topic, plus 1,103 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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S.D. Fla.·
2022-05-24
The court held that the movant's claims lacked merit because the evidence showed he had advance knowledge that his codefendant would brandish a firearm, and therefore, his conviction and sentence were not subject to vacatur, nor was counsel ineffective.
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M.D. Fla.·
2022-05-17
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 federal law, nor based on an unreasonable determination of facts.
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M.D. Fla.·
2022-05-09
The court held that trial counsel was not ineffective for failing to object to venue or subject matter jurisdiction, and the guilty plea was knowing and voluntary.
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M.D. Fla.·
2022-05-03
The court held that the petitioner's claims were procedurally defaulted and/or failed to meet the high bar for federal habeas relief under AEDPA, and that the state court's denial of relief was not contrary to or an unreasonable application of federal law.
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M.D. Fla.·
2022-04-19
Marcus Robinson, convicted in state court of second-degree murder and sentenced to 45 years in prison, challenged his conviction through federal habeas corpus on grounds of ineffective assistance of counsel, claiming his attorney failed to investigate and advise him of a self-def
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M.D. Fla.·
2022-04-14
The court held that the petitioner's motion to vacate his sentence was untimely and denied his claims, as the Rehaif decision did not apply retroactively and the petitioner failed to establish plain error affecting substantial rights.
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The court held that the petitioner's motion to vacate his sentence under 28 U.S.C. § 2255 is denied because his guilty pleas were voluntary, knowing, and intelligent, and the federal court had proper jurisdiction.
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The court held that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law and denied habeas relief.
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The appellate court reversed a lower court's denial of a motion to withdraw a plea. The court found that the defendant's plea was involuntary because the trial court failed to properly advise her of her right to appointed counsel before she entered her plea, constituting a manife
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The court held that the petitioner's claims of ineffective assistance of counsel lacked merit and did not warrant vacating his sentence.
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S.D. Fla.·
2022-03-03
The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to vacate sentence and refusing to issue a certificate of appealability.
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M.D. Fla.·
2022-03-03
Petitioner Hinson, an inmate serving a life sentence for second-degree murder, brought a federal habeas petition challenging his 2013 guilty plea and subsequent life sentence, raising twelve subparts of ineffective assistance of counsel claims against his trial counsel and one cl
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Appellant sought to withdraw his nolo contendere plea post-sentencing, claiming his attorney failed to inform him of youthful offender status eligibility. The trial court denied the motion without an evidentiary hearing, and the appellate court affirmed, finding appellant failed
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Appellant Giovani Guerra appealed two trial court orders: one denying jail credit and another denying his motion to withdraw a guilty plea for lewd and lascivious molestation. The appellate court dismissed the appeal of the first order as untimely but reversed the second order, f
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M.D. Fla.·
2022-01-04
The court held that the petitioner's claims of ineffective assistance of counsel and prosecutorial misconduct were without merit and denied his motion to vacate, set aside, or correct his sentence.
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M.D. Fla.·
2021-12-29
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 claims of ineffective assistance of counsel and constitutional challenges to the statute were without merit or procedurally barred.
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M.D. Fla.·
2021-12-01
Royce W. Cook pleaded guilty to two counts of attempted capital sexual battery and four counts of sexual battery in exchange for a negotiated 25-year sentence. On federal habeas review, Cook challenged his conviction by asserting ineffective assistance of counsel claims, includin
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Fla. 5th DCA·
2021-11-12
A defendant who enters a no-contest plea without filing a motion to withdraw it may challenge the voluntariness of the plea through postconviction relief if done in good faith.
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M.D. Fla.·
2021-10-25
Charlie Vernon Small, Jr. appealed his conviction for violation of probation in a sex offender case by filing a federal habeas petition claiming his trial counsel was ineffective under the Sixth Amendment on nine separate grounds. The district court denied the petition, finding t
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The appellate court affirmed the conviction, holding that the defendant failed to preserve the issue of competency for appeal. The court referenced a supreme court decision that eliminated the fundamental-error exception for competency claims not properly preserved.
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N.D. Fla.·
2021-09-28
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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S.D. Fla.·
2021-08-31
The court held that the petitioner's claims of ineffective assistance of counsel and involuntary plea were without merit, as the record showed counsel acted competently and the plea was knowing and voluntary.
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M.D. Fla.·
2021-08-10
The court held that the petitioner failed to demonstrate ineffective assistance of counsel because his counsel's performance was not deficient and did not prejudice the defense, and therefore denied the habeas petition.
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M.D. Fla.·
2021-08-03
Howard James Jackson, a Florida prisoner convicted of attempted murder in the first degree, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising nine grounds based on claims of ineffective assistance of counsel related to his guilty plea. The U.S. District
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M.D. Fla.·
2021-07-23
The court held that the petitioner failed to show the state court's decision was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts, thus denying habeas relief.
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S.D. Fla.·
2021-07-21
Dynza Mackey, a federal inmate serving a sixty-one-month sentence for identity theft and access device fraud, petitioned under 28 U.S.C. § 2255 to vacate his sentence on grounds including ineffective assistance of counsel. The District Court denied his petition on the merits, fin
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A Florida prisoner convicted of second-degree murder challenged his no-contest plea through a federal habeas petition, alleging ineffective assistance of counsel in failing to investigate the case and adequately disclose discovery evidence before advising him to plead guilty. The
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The appellate court affirmed the denial of a motion to withdraw a guilty plea. The court held that the defendant's sworn testimony at the plea colloquy contradicted his later claims of involuntariness, and that the lack of a written competency order was not reversible error given
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M.D. Fla.·
2021-06-28
The court held that the petitioner's claims of ineffective assistance of counsel and actual innocence lacked merit and were either contradicted by the record or previously decided.
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M.D. Fla.·
2021-06-01
The court held that the petitioner's claim regarding the amended information was procedurally barred by the concurrent sentence doctrine and, alternatively, that his counsel was not ineffective for failing to object to it.
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The court held that the petitioner's claims of ineffective assistance of counsel and request for a preliminary injunction were without merit.
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M.D. Fla.·
2021-04-20
The Eleventh Circuit affirmed the district court's denial of Franco's motion to vacate his sentence under 28 U.S.C. § 2255. The court held that Franco's motion was untimely and without merit, as his claims were barred by the one-year statute of limitations and he failed to establ
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David A. Smith appeals a trial court's denial of his postconviction relief motion challenging the voluntariness of his guilty plea to capital sexual battery. Smith claimed he did not adequately understand the elements of the crime and the State's ability to prove penetration. The
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M.D. Fla.·
2021-03-22
The court found the federal habeas petition to be timely filed, denying respondents' motion to dismiss on timeliness grounds. It also found grounds seven through nine to be procedurally defaulted and unexhausted, barring their review.
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M.D. Fla.·
2021-03-10
The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
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Kramer appeals his convictions for sexual battery, lewd or lascivious molestation, and drug offenses following his open plea. The court affirms his convictions and sentences, finding no reversible error on direct appeal and rejecting his double jeopardy and sentencing process arg
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The federal court denied a habeas corpus petition because the petitioner's claims were unexhausted and procedurally defaulted, and even if considered, failed to demonstrate prejudice under Strickland v. Washington.
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The court held that the petitioner's motion to vacate his sentence was untimely filed under 28 U.S.C. § 2255, and he failed to establish grounds for equitable tolling or the actual innocence exception.
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The court held that the petitioner's claims of ineffective assistance of counsel, defective indictment, and involuntary guilty plea were either procedurally barred, refuted by the record, or lacked merit. Therefore, his motion to vacate sentence was denied.
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Fla. 1st DCA·
2021-02-22
The appellate court affirmed the trial court's denial of a postconviction motion. The appellant argued his counsel was ineffective for misadvising him about youthful offender sentencing eligibility, but the court found the trial court cured any misadvice during the plea colloquy.
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A motion to vacate a plea based on misadvice about sealing a record is time-barred if not filed within two years of the judgment becoming final, as the ineligibility is a discoverable collateral consequence.
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Fla. 4th DCA·
2021-01-27
The conviction and sentence are affirmed, with the appellant preserved the right to challenge the voluntariness of his plea in a separate proceeding.
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M.D. Fla.·
2020-12-18
The court held that the Petitioner is not entitled to habeas relief because the state court's decisions were not contrary to, nor did they involve an unreasonable application of, clearly established federal law, and were not based on an unreasonable determination of the facts.
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The appellate court reversed the dismissal of a postconviction relief motion, finding that the defendant's claims regarding his plea agreement and sentence were facially sufficient. The case highlights the importance of fulfilling plea agreement promises and ensuring written sent
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The appellate court affirmed a trial court's decision to deny a defendant's motion to withdraw his guilty plea before sentencing. The defendant failed to demonstrate good cause, such as mistake, surprise, or coercion, to justify withdrawing his plea.
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Fla. 5th DCA·
2020-10-29
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The appellate court affirmed the summary denial of a postconviction motion. The court found that the appellant's claim that his guilty plea was involuntary due to insufficient notice of enhanced sentencing was procedurally barred because he had previously raised the same claim in
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Ian Chad Webster, a Florida state prisoner, petitioned for federal habeas corpus relief challenging his guilty pleas to conspiracy to traffic cocaine, possession of cocaine while armed, and tampering with evidence. The court rejected all seven of Webster's claims, finding that hi