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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The court held that the petitioner is not entitled to federal habeas relief because his claims are either unexhausted, procedurally defaulted, or the state court reasonably applied federal law.
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M.D. Fla.·
2025-12-31
The court held that the petitioner's arguments did not establish unlawful detention, and therefore, his petition for a writ of habeas corpus was denied.
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Fla.·
2025-12-30
James Terry Colley, Jr. was convicted in 2018 of two counts of first-degree murder, attempted murder, and burglary in a domestic violence case where he shot his estranged wife Amanda Colley and her friend Lindy Dobbins, and was sentenced to death. On appeal of his postconviction
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S.D. Fla.·
2025-12-23
The court held that it has jurisdiction to review whether the government followed its own regulations and procedures when revoking an Order of Supervision, even if the decision to revoke is discretionary.
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M.D. Fla.·
2025-12-23
The court held that the petitioner, acting as a "next friend," lacked standing to file a petition for a writ of habeas corpus because he failed to demonstrate why the detainee could not appear on his own behalf or that he was dedicated to the detainee's best interests.
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Fla. 1st DCA·
2025-12-17
The petition for writ of habeas corpus was dismissed.
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The federal court denied a state prisoner's petition for a writ of habeas corpus, finding that the state courts' rejection of his ineffective assistance of counsel claim was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination
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M.D. Fla.·
2025-12-16
The court held that a petition for writ of habeas corpus challenging extradition on grounds of potential torture under the Convention Against Torture is not ripe for judicial review, as such matters are reserved for the Executive Branch.
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M.D. Fla.·
2025-12-15
Continued detention of a noncitizen is unreasonable and unauthorized by statute if removal is not reasonably foreseeable after a presumptively reasonable period of six months.
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S.D. Fla.·
2025-12-11
The court held that it lacked subject matter jurisdiction over the petition for writ of habeas corpus due to 8 U.S.C. § 1252(g) and that the case was moot because the petitioner was no longer detained on an immigration detainer.
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M.D. Fla.·
2025-12-10
The court granted the petition for a writ of habeas corpus, finding the petitioner is entitled to a bond hearing.
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M.D. Fla.·
2025-12-10
Continued detention of a noncitizen is unreasonable if removal is not foreseeable, and the six-month presumptively reasonable period begins at the start of the removal period, not upon subsequent re-detention.
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M.D. Fla.·
2025-12-10
The court held that the petitioner is entitled to a bond hearing or release because his detention is governed by 8 U.S.C. § 1226(a), not § 1225(b)(2).
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The court held that the petitioner's claims were not cognizable on federal habeas review, either because they involved Fourth Amendment claims that had a full and fair opportunity for litigation in state court, or because they rested on alleged misapplications of state law.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA because it was filed more than one year after his convictions became final, and no exceptions applied.
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M.D. Fla.·
2025-12-08
The court held that the petitioner is entitled to a bond hearing because his detention is governed by 8 U.S.C. § 1226(a), not § 1225(b)(2).
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The court held that clarifying an ambiguous oral sentence pronouncement does not violate the Double Jeopardy Clause, especially when the clarification aligns with the parties' original plea agreement.
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M.D. Fla.·
2025-12-03
The court held that the petitioner's detention violated the Fifth Amendment's due process clause and the Administrative Procedure Act, and that the Suspension Clause preserved jurisdiction for the habeas corpus petition.
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M.D. Fla.·
2025-12-02
The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
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The court held that the petitioner's habeas corpus petition was untimely and procedurally barred, and that his claims were not cognizable on federal habeas review.
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S.D. Fla.·
2025-11-20
The court held that Petitioner's detention is governed by 8 U.S.C. § 1226(a), entitling him to an individualized bond hearing, and that administrative exhaustion is excused due to futility.
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M.D. Fla.·
2025-11-17
The court held that the petitioner's federal habeas corpus petition was timely filed because the one-year limitations period was tolled by his state post-conviction proceedings.
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The court held that the petitioner's claims were waived by his nolo contendere plea or lacked merit and factual support, thus denying his petition for writ of habeas corpus.
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The court held that the petitioner's habeas corpus petition was time-barred under the Antiterrorism and Effective Death Penalty Act (AEDPA) because it was filed after the one-year limitation period expired. The court also denied a certificate of appealability.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it with prejudice.
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Fla. 5th DCA·
2025-11-14
The trial court properly denied the petition for writ of habeas corpus.
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S.D. Fla.·
2025-11-14
A petitioner filed an emergency petition for habeas corpus or injunction on behalf of a patient, but the case was rendered moot when the patient died before the court could rule on the merits. The magistrate judge recommended dismissal as moot.
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Fla. 3d DCA·
2025-11-12
A written plea of not guilty filed by counsel waives a defendant's presence at arraignment and the arraignment proceeding itself under Florida Rule of Criminal Procedure 3.160(a), and such waiver does not require the defendant's signature or a separate stand-alone document.
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The federal habeas petition was dismissed as untimely because it was filed outside the one-year statute of limitations, and the petitioner's state post-conviction motion did not toll the period as it was filed after the deadline expired.
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The court held that the petitioner's federal habeas claim was unexhausted and procedurally defaulted because he failed to present it to the state courts and it appeared to be based on state law.
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M.D. Fla.·
2025-11-04
The court held that the petition for a writ of habeas corpus was untimely filed, as it was filed more than six years after the one-year limitations period expired.
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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.·
2025-10-31
The court held that an alien who has been present in the United States for an extended period, even if having entered without inspection, is not subject to mandatory detention under 8 U.S.C. § 1225(b)(2) but rather falls under 8 U.S.C. § 1226(a), entitling them to a bond hearing.
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A fugitive who signs a valid waiver of extradition rights and agrees to voluntary return waives all procedural protections incidental to extradition proceedings, including habeas relief. Additionally, the ninety-day statutory limit on extradition detention does not run while the
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S.D. Fla.·
2025-10-15
The court held that Petitioner, who entered the U.S. without inspection and was detained, is not subject to mandatory detention under INA section 1225(b)(2)(A) but rather under section 1226(a), entitling him to an individualized bond hearing.
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The court recommended dismissal of the habeas petition without prejudice.
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M.D. Fla.·
2025-10-08
The court held that a petitioner who is a fugitive from justice cannot invoke the jurisdiction of the district court to adjudicate a habeas corpus petition.
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Fla. 3d DCA·
2025-10-08
A defendant's motion to withdraw a postconviction habeas corpus petition filed after the petition has already been denied is properly denied because the defendant is not entitled to withdraw a motion after it has been ruled upon.
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Fla. 1st DCA·
2025-10-08
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-10-01
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2025-10-01
The petition for writ of habeas corpus was dismissed.
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The Florida Supreme Court adopted amendments to Florida Rule of Criminal Procedure 3.131 regarding pretrial release procedures. The amendments align the rule with recent statutory changes to sections 903.011 and 903.047, Florida Statutes, effective January 1, 2026.
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Appellate counsel is not ineffective for failing to raise a meritless claim on appeal, and the verdict form at issue presented no fundamental error because the record revealed no possibility of juror confusion regarding the conviction.
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Fla.·
2025-09-24
Victor Tony Jones, a death row inmate with an execution date of September 30, 2025, appeals the circuit court's denial of his sixth successive motion for postconviction relief and post-warrant public records demands, and petitions for habeas corpus relief. The Florida Supreme Cou
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Haywood Edouard, a Florida prisoner convicted of second-degree felony murder and attempted robbery stemming from an armed robbery that resulted in the death of his accomplice Ernest Curry, petitioned for federal habeas relief under 28 U.S.C. § 2254, raising eight grounds includin
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Fla. 5th DCA·
2025-09-19
A pro se petitioner whose habeas corpus petition has been dismissed may be cautioned and threatened with sanctions for filing further abusive, repetitive, malicious, or frivolous filings on the same matter.
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N.D. Fla.·
2025-09-18
The court held that the plaintiff's claims challenging his sex offender registration and probation conditions were barred by the statute of limitations and, in the alternative, failed on the merits or should have been brought as a habeas corpus petition.
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Fla. 1st DCA·
2025-09-17
The petition for writ of habeas corpus was dismissed.
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Charles Southern, convicted as a juvenile of second-degree murder at age seventeen, petitioned for federal habeas corpus relief challenging his life sentence, arguing his resentencing counsel provided ineffective assistance and the trial court lacked jurisdiction to resentence hi
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Anthony Lamar Simmons, an inmate challenging his conviction for attempted second-degree murder and attempted armed robbery, sought federal habeas relief on claims of ineffective assistance of trial counsel. The Middle District of Florida rejected all four grounds, holding that th