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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M.D. Fla.·
2025-05-08
The federal habeas petition is dismissed as time-barred because it was filed outside the one-year limitations period established by AEDPA, and no tolling or equitable exceptions apply.
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The court recommended dismissal of the petition for failure to prosecute, failure to keep the court apprised of his address, and failure to comply with court orders.
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The court recommended transferring the habeas corpus petition to the Middle District of Florida due to lack of jurisdiction in the Northern District.
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The court held that the petitioner's filing, though styled as a civil rights complaint, was in substance a habeas corpus petition. The court determined it lacked jurisdiction and recommended transfer.
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The court adopted the Magistrate Judge's recommendation to deny the petition for habeas corpus relief, finding no constitutional deficiency in trial counsel's performance.
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The court held that the petitioner's habeas corpus petition was untimely filed and dismissed it, finding no basis for actual innocence or equitable tolling.
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The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year statute of limitations, and his state post-conviction motions did not toll the period as they were untimely.
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Fla.·
2025-04-25
Jeffrey Hutchinson, convicted of murdering three children in 1998 and sentenced to death, filed his fourth successive postconviction motion after the Governor signed a death warrant. The Florida Supreme Court affirmed the circuit court's denial of all claims and denied his reques
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Fla. 1st DCA·
2025-04-23
A habeas corpus complaint must allege that the petitioner is unlawfully deprived of liberty or illegally detained, and courts lack authority to issue a writ of mandamus compelling particular medical treatment.
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Fla. 1st DCA·
2025-04-23
The petition for writ of habeas corpus was dismissed.
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The court held that the federal habeas petition was untimely filed and dismissed it as time-barred because the petitioner failed to demonstrate entitlement to equitable tolling.
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The Delaware Supreme Court affirmed the Superior Court's denial of the appellant's second motion for postconviction relief. The Court held that the version of Superior Court Criminal Rule 61 in effect at the time the motion was filed applied, and that the appellant failed to over
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Fla. 1st DCA·
2025-04-16
The petition for writ of habeas corpus was dismissed.
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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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The court held that the petitioner's claims were procedurally barred or failed to meet the Strickland standard for ineffective assistance of counsel, and thus federal habeas relief was denied.
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The court held that the petition for a writ of habeas corpus is denied as successive because the petitioner failed to obtain authorization from the court of appeals to file a second petition.
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The federal habeas petition is dismissed as time-barred because the petitioner failed to file within the one-year statute of limitations, and his claims of actual innocence do not excuse the procedural default.
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A federal habeas petition under 28 U.S.C. § 2254 must be dismissed if the petitioner has not exhausted available state remedies, including administrative grievance procedures and state court filings.
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Fla. 5th DCA·
2025-04-04
A 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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Fla. 4th DCA·
2025-04-02
A speedy trial argument is not a valid ground for habeas corpus relief and must be raised on direct appeal or in a properly filed rule 3.850 motion.
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The court held that the petitioner's federal habeas corpus petition was time-barred under the Anti-Terrorism and Effective Death Penalty Act (AEDPA) because it was filed long after the one-year limitations period expired.
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M.D. Fla.·
2025-03-31
A federal court may not grant a § 2241 petition unless the petitioner has exhausted all available state remedies.
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The petition for writ of habeas corpus is dismissed as untimely because it was filed outside the one-year limitations period established by AEDPA, and the petitioner has not demonstrated entitlement to statutory or equitable tolling, nor any exception to the time bar.
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The court denied the petition for writ of habeas corpus, finding that the state court's rejection of the petitioner's claims was not contrary to or an unreasonable application of federal law.
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The court held that a successive federal habeas petition filed without prior authorization from the court of appeals must be denied for lack of jurisdiction.
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M.D. Fla.·
2025-03-19
The court held that the plaintiff is barred from proceeding in forma pauperis due to the PLRA's three-strikes rule and cannot file a second or successive habeas corpus petition without prior authorization.
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Fla. 1st DCA·
2025-03-19
The petition for writ of habeas corpus was dismissed.
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Fla.·
2025-03-13
Edward T. James, a death row inmate with two capital sentences and an active death warrant, appeals the circuit court's summary denial of his successive motion for postconviction relief and petitions for habeas corpus and stay of execution. The Florida Supreme Court affirmed the
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The court denied the petition for writ of habeas corpus, finding 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.
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M.D. Fla.·
2025-03-11
The court held that the petitioner's federal habeas petition was untimely filed and that he was not entitled to equitable tolling.
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Terry Lequan Dixon challenged his state conviction for accessory after the fact on federal habeas corpus grounds, asserting that the evidence was insufficient, that the prosecutor improperly commented on his right to remain silent, and that his trial counsel was ineffective for f
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Fla. 6th DCA·
2025-03-07
Park Royal Hospital appeals a mandatory injunction requiring compliance with Florida's Baker Act and Administrative Code provisions for future unnamed patients. The trial court entered the broad injunction despite S.M.'s petition seeking only habeas corpus relief and correction o
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Fla. 1st DCA·
2025-03-05
A petition for writ of habeas corpus must allege that the relief requested would entitle the petitioner to either immediate release or a new trial.
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Fla. 1st DCA·
2025-03-05
The petition for writ of habeas corpus was dismissed.
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Reinier Fundora-Martinez, an inmate convicted in Duval County state court of motor vehicle fraud and organized fraud offenses, sought federal habeas relief under 28 U.S.C. § 2254, raising five grounds including claims of deficient performance by his trial counsel regarding failur
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The court held that the federal habeas petition was premature because the petitioner had not exhausted all available state court remedies.
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The court held that the state court's adjudication of the petitioner's claims was not contrary to federal law and denied the petition for writ of habeas corpus.
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Fla. 1st DCA·
2025-02-12
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2025-02-05
The court held that the petitioner's unsigned petition for a writ of habeas corpus was frivolous and dismissed it with prejudice, denying a certificate of appealability.
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The court held that the petitioner is not entitled to federal habeas corpus relief because his claims were either denied on the merits under AEDPA standards or dismissed as procedurally defaulted and unexhausted.
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Traci Lynne Clark, an inmate convicted of DUI manslaughter in Putnam County, Florida, challenged her conviction through a federal habeas corpus petition under 28 U.S.C. § 2254, arguing that her trial counsel was ineffective, that the trial court erred in denying her motion for ju
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Fla. 1st DCA·
2025-01-29
The petition for writ of habeas corpus was dismissed.
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The court held that the petitioner's Fourth Amendment claim is barred under Stone v. Powell because he had a full and fair opportunity to litigate it in state court. The court also found an ineffective assistance of trial counsel claim unexhausted.
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The court held that the petitioner failed to demonstrate that the state court's decision was contrary to or an unreasonable application of clearly established federal law, or an unreasonable determination of fact, and thus denied his petition for a writ of habeas corpus.
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M.D. Fla.·
2025-01-21
The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it with prejudice.
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Fla. 2d DCA·
2025-01-17
Although a trial court must declare a bond forfeited when a defendant fails to timely appear, the court has discretion under § 903.26(2)(b) to set aside that forfeiture if the defendant appears the same day and doing so would serve the interests of justice. A trial court may abus
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Fla. 6th DCA·
2025-01-10
Mark Jones, an incarcerated individual, appealed the lower court's orders transferring his habeas corpus and mandamus petitions from Charlotte County to Leon County. The appellate court agreed with Jones that the petitions were properly construed as habeas corpus petitions for wh
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The court held that trial counsel's failure to advise the petitioner of the maximum penalty he faced before rejecting a plea offer constituted ineffective assistance of counsel, warranting habeas corpus relief.
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Federal habeas relief is denied because the state court's rejection of the ineffective assistance of counsel claims was not contrary to federal law and not based on an unreasonable determination of facts.
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A federal court cannot entertain a petition for writ of error coram nobis to challenge a state criminal judgment, and federal courts should abstain from intervening in pending state criminal proceedings absent specific exceptions.