3,651 Florida cases classified under this topic, plus 2,273 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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Fla. 1st DCA·
2026-07-31
The petition for writ of habeas corpus was dismissed.
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Fla. 6th DCA·
2026-07-28
A writ of habeas corpus may not issue where the petitioner is not presently detained in custody, even if an unexecuted capias warrant has been issued. The statute's plain language requiring that a person be "detained in custody" applies only to present detention, not future restr
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Fla. 1st DCA·
2026-07-22
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-07-22
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-07-22
A petition for writ of habeas corpus that fails to meet the requirements established in Baker v. State must be dismissed.
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Fla. 1st DCA·
2026-07-15
The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2026-07-08
Habeas corpus petitions containing mixed claims of sentencing errors and ineffective assistance of counsel must be bifurcated, with sentencing claims adjudicated under Rule 3.800(a) and ineffective assistance claims considered under Rule 3.850.
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Fla. 1st DCA·
2026-07-08
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-07-08
A petition for writ of mandamus is denied when the circuit court has already directed a response and scheduled an evidentiary hearing on the underlying habeas corpus petition.
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Fla. 1st DCA·
2026-07-08
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-07-08
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-07-08
The petition for writ of habeas corpus was dismissed.
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Appellate counsel cannot be deemed ineffective for failing to raise a claim that would not have changed the result, and any error in failing to submit habitual felony offender factors to a jury constitutes harmless error beyond a reasonable doubt.
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Fla. 1st DCA·
2026-06-26
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-06-24
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-06-10
The petition for writ of habeas corpus was dismissed.
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The circuit court properly summarily denied Lukehart's successive postconviction motion because his as-applied Eighth Amendment challenge to Florida's lethal injection protocol was untimely and meritless, his facial challenge was meritless as the protocol had been previously uphe
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Fla. 1st DCA·
2026-05-20
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-05-20
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-05-13
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-05-13
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-05-13
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-05-06
A habeas corpus petition alleging ineffective assistance of appellate counsel is subject to the standards established in Baker v. State.
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Fla. 1st DCA·
2026-04-29
The petition for writ of habeas corpus is dismissed.
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Fla. 1st DCA·
2026-04-02
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-04-02
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Fla. 3d DCA·
2026-03-16
Calvin Williams challenges his pretrial detention order, arguing the trial court improperly applied a "light most favorable to the State" standard when evaluating evidence at the detention hearing. The court holds that neither Florida's pretrial detention statute nor criminal pro
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Fla.·
2026-02-26
The court affirmed the denial of the postconviction motion and denied the petition for writ of habeas corpus, finding no ineffective assistance of counsel or abuse of discretion by the lower court.
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Fla.·
2026-02-25
The court affirmed the denial of postconviction relief, denied the habeas petition, and denied motions for a stay of execution.
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Fla.·
2026-02-17
Melvin Trotter, under a death sentence for a 1986 murder, challenged his execution on the grounds that lethal injection procedures were not properly followed and that executing a 65-year-old violates the Eighth Amendment's prohibition on cruel and unusual punishment. The Florida
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Fla. 4th DCA·
2026-02-04
The trial court properly denied the petition for writ of habeas corpus.
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Fla. 5th DCA·
2026-01-30
A pro se litigant who engages in abusive, repetitive, malicious, or frivolous filings attacking his judgment and sentence may be prohibited from filing further pro se petitions in the appellate court.
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Fla. 5th DCA·
2026-01-30
A petitioner who engages in abusive, repetitive, malicious, or frivolous pro se filings attacking his judgment and sentence may be prohibited from future pro se filings in the appellate court.
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S.D. Fla.·
2026-01-29
The court held that 8 U.S.C. § 1252(g) deprives federal courts of subject matter jurisdiction over claims arising from the Attorney General's decision to commence removal proceedings against an alien.
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Fla. 1st DCA·
2026-01-28
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-01-28
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2026-01-28
The petition for writ of habeas corpus was dismissed.
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Fla. 5th DCA·
2026-01-23
A litigant who engages in repetitive and frivolous pro se filings attacking the same conviction may be prohibited from filing further pro se pleadings in that matter without attorney review and signature.
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Fla. 3d DCA·
2026-01-21
Benito Santiago sought a writ of habeas corpus to challenge his 2012 first-degree murder conviction, claiming manifest injustice. The Florida District Court of Appeal, Third District, denied the petition, finding that Santiago's case did not fall within the narrow exception for h
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Fla. 3d DCA·
2026-01-21
Jeffrey Blackshare appealed the denial of his habeas corpus petition, arguing that Florida Statutes section 775.082(1) is self-executing and requires immediate release upon parole eligibility. The Third District Court of Appeal affirmed the trial court's denial, holding that paro
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Fla. 1st DCA·
2026-01-21
The petition for writ of habeas corpus was dismissed.
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S.D. Fla.·
2026-01-16
The court held that it lacks subject matter jurisdiction to hear the petition for a writ of habeas corpus because it is barred by 8 U.S.C. § 1252(g), which divests courts of jurisdiction over claims arising from the Attorney General's decisions to commence proceedings, adjudicate
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Fla. 3d DCA·
2026-01-14
A petitioner is procedurally barred from raising the same claim in a successive habeas corpus petition when the circumstances upon which the claim is based were known or should have been known at the time of the prior petition.
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The Court held that the petitioner's claims for ineffective assistance of counsel and double jeopardy were successive and dismissed for lack of jurisdiction, and the due process claim based on destroyed evidence was untimely.
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M.D. Fla.·
2026-01-09
The court held that the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a) and must be released if one is not provided within ten days.
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M.D. Fla.·
2026-01-07
The court held that the petitioner is entitled to release from detention because there is no significant likelihood of removal in the reasonably foreseeable future, and the government failed to rebut this showing.
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M.D. Fla.·
2026-01-07
The court held that the petitioner is entitled to a bond hearing under 8 U.S.C. § 1226(a) because his detention is governed by that section, not § 1225(b)(2).
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M.D. Fla.·
2026-01-06
An alien detained under a reinstated order of removal pursuant to 8 U.S.C. § 1231 is not entitled to an individualized custody review under 8 U.S.C. § 1226.
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M.D. Fla.·
2026-01-05
Continued detention is unreasonable if removal is not foreseeable within a presumptively reasonable period, and the government must rebut a showing of unlikelihood of removal.
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The court held that the petitioner's motion to vacate sentence was time-barred and that he was not entitled to equitable tolling or relief on his constitutional claims.