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 denied the petition for a writ of habeas corpus, finding that the state court's denial of the ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law.
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The court accepted the Magistrate Judge's report and recommendation, denying the petition for a writ of habeas corpus and denying a certificate of appealability.
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA and dismissed it.
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James Willie Holt, an inmate challenging his 2016 conviction for lewd or lascivious molestation of a three-year-old, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising four grounds including claims of ineffective assistance of trial counsel and confrontat
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Louis Alexander Wingard, a state prisoner convicted of home invasion robbery and other firearms offenses, filed a federal habeas petition challenging his conviction on nine separate grounds, all of which were either procedurally defaulted or lacked merit under AEDPA's deferential
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N.D. Fla.·
2024-09-03
The court recommended dismissal of the amended petition for writ of habeas corpus without prejudice due to Petitioner's failure to comply with court orders and failure to present a viable claim.
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M.D. Fla.·
2024-08-29
The court held that a resentencing order entered nunc pro tunc does not constitute a new judgment for purposes of AEDPA's second or successive petition bar, and thus the current petition is barred.
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Fla. 1st DCA·
2024-08-28
A habeas petition challenging close management status placement must exhaust administrative remedies, and claims not subject to dismissal on that ground are reviewed under the certiorari standard rather than habeas review.
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Fla. 1st DCA·
2024-08-28
A petition for writ of habeas corpus that does not meet the requirements established in Baker v. State must be dismissed.
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Fla.·
2024-08-22
An inmate who has filed multiple meritless pro se petitions may be barred from filing future pro se pleadings related to the same case and sanctioned for abuse of the Court's judicial resources when he demonstrates no remorse and continues the pattern of frivolous filings.
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Fla.·
2024-08-22
A state prisoner who files multiple successive habeas petitions raising identical claims may be sanctioned with a pro se bar to protect the Court's limited judicial resources.
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S.D. Fla.·
2024-08-20
The court recommended denying the petition for writ of habeas corpus, finding that the petitioner failed to demonstrate ineffective assistance of counsel under Strickland v. Washington.
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The court held that a federal habeas petitioner cannot obtain relief on a Fourth Amendment claim if the state provided a full and fair opportunity to litigate it, and that the petitioner's claims of ineffective assistance of counsel lacked merit because his underlying Fourth Amen
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The court held that the petitioner's Fourth Amendment claim is barred from federal habeas review.
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Keith Patrick Henry, an inmate serving a twenty-year sentence for attempt to possess cocaine and conspiracy to traffic in controlled substances, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising eleven grounds of ineffective assistance of counsel and rel
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The court denied the petition for a writ of habeas corpus, finding no constitutional violations in the state court proceedings.
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Joseph Luis Levin, an inmate serving a 44-year sentence for six counts of lewd or lascivious battery, one count of soliciting a child via computer, and one count of traveling to meet a minor, challenged his convictions in a federal habeas corpus petition, raising claims of incomp
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The federal court denied the habeas petition, finding the state court's adjudications were neither contrary to nor an unreasonable application of federal law, and not based on an unreasonable determination of facts.
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Robert Earl Hayes, a Florida inmate serving a life sentence as a prison releasee reoffender following conviction for three counts of robbery and one count of possession of ammunition by a convicted felon, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising
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The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel and trial court error was not contrary to, nor an unreasonable application of, federal law, and was not based on an unreasonable determination of the facts.
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M.D. Fla.·
2024-07-30
The court held that the petitioner's federal habeas corpus application was time-barred because his state post-conviction relief petition was not properly filed and thus did not toll the statute of limitations.
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Renell Jones sought federal habeas corpus relief challenging the admission of his confession in a murder trial, arguing Miranda violations and constitutional defects in his interrogation. The district court affirmed the magistrate judge's recommendation to deny the petition, find
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Fla. 5th DCA·
2024-07-26
A habeas corpus petition is facially sufficient to state a prima facie case when the petitioner alleges current detention and provides sworn allegations with probable cause that he is detained without lawful authority.
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The court held that the petitioner's claim of ineffective assistance of counsel was unexhausted and procedurally defaulted, and he failed to demonstrate cause and prejudice to overcome the default.
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Fla. 1st DCA·
2024-07-24
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-07-22
The court held that the habeas corpus application was untimely filed and therefore dismissed.
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M.D. Fla.·
2024-07-11
Henderson, a state prisoner, sought federal habeas corpus relief under 28 U.S.C. § 2241 challenging a state speedy trial violation. The district court dismissed the petition as premature for lack of exhaustion of state remedies and because § 2241 is limited to federal constitutio
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Fla. 1st DCA·
2024-07-10
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-07-08
The court held that the petitioner's habeas corpus petition was untimely filed and he failed to establish grounds for equitable tolling or actual innocence to overcome the procedural bar.
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Fla. 1st DCA·
2024-07-03
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-06-26
Keith L. Calvin petitioned for a writ of habeas corpus to challenge his 2006 life sentence for second-degree murder. The Florida First District Court of Appeal dismissed the petition as frivolous and referred Calvin to the Department of Corrections for sanctions based on his patt
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M.D. Fla.·
2024-06-26
The court held that the plaintiff's complaint was an impermissible shotgun pleading and patently frivolous, warranting dismissal.
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Fla. 5th DCA·
2024-06-18
A petition for writ of habeas corpus may be dismissed without detailed explanation when it fails to meet the requirements for such relief.
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M.D. Fla.·
2024-06-14
The court held that the habeas corpus application was time-barred and the applicant was not entitled to equitable tolling.
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The court held that the petitioner's federal habeas petition was time-barred under AEDPA because it was filed more than one year after his judgment became final and he failed to demonstrate statutory tolling, equitable tolling, or actual innocence.
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Fla. 3d DCA·
2024-05-29
A father appealed a termination of parental rights judgment by filing a notice of appeal from an amended final judgment 30 days after the original judgment was entered. The appellate court dismissed the appeal for lack of jurisdiction because the amended judgment merely corrected
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Fla. 1st DCA·
2024-05-29
A petition for writ of habeas corpus challenging the legality of confinement must satisfy the requirements established in Baker v. State.
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Fla. 1st DCA·
2024-05-29
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-05-29
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-05-29
The petition for writ of habeas corpus was dismissed.
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The court adopted the Magistrate Judge's Report and Recommendation, denying the petitioner's amended habeas petition.
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The Court held that the due process claim was procedurally barred and that the ineffective assistance of counsel claims were properly denied by the state court.
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Fla. 5th DCA·
2024-05-17
Adrian K. Gray filed a second petition for writ of habeas corpus in the Fifth District Court of Appeal, seeking review of successive claims from a 2004 Nassau County criminal case. The court dismissed the petition as successive and abusive, cautioning that further similar pro se
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Fla. 1st DCA·
2024-05-15
Habeas corpus may not be used as a means to seek a second appeal or to litigate issues that could have been or were raised in a rule 3.850 motion.
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S.D. Fla.·
2024-05-14
Tyrell Deronville, sentenced to life plus 30 years for second-degree murder and attempted second-degree murder in a shooting over a drug dispute, filed a federal habeas petition challenging his conviction based on claims of ineffective assistance of counsel. The district court di
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M.D. Fla.·
2024-05-03
The court held that the petitioner failed to show that the state appellate court unreasonably denied his claim that the charging document and verdict form resulted in a federal due process violation.
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Fla. 5th DCA·
2024-05-02
A defendant found not guilty by reason of insanity may be involuntarily committed to DCF if the defendant is mentally ill and, because of that illness, is manifestly dangerous to himself or others. The court affirmed the trial court's commitment order where evidence showed Reynol
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Fla. 1st DCA·
2024-05-01
The petition for writ of habeas corpus was dismissed.
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Fla. 3d DCA·
2024-05-01
The Third District Court of Appeal enforced a show cause order against Derrick Emile Lewis, an incarcerated pro se litigant who has filed numerous meritless post-conviction motions and habeas petitions over three decades. The court prohibited Lewis from filing further self-repres
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The court held that the petitioner's habeas corpus petition was untimely filed because it was filed after the one-year limitations period expired, and the petitioner failed to establish grounds for equitable tolling.