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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S.D. Fla.·
2024-04-25
The court held that federal habeas review cannot grant relief for state law errors, and to the extent federal claims were raised, they were meritless.
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Fla. 1st DCA·
2024-04-24
Spencer D. Daniels petitioned for a writ of habeas corpus claiming manifest injustice, but the Florida First District Court of Appeal dismissed the petition because his claims could have been raised on direct appeal or in postconviction motions. The court also sanctioned Daniels
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Fla. 1st DCA·
2024-04-24
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-04-19
The court held that the petitioner's federal habeas corpus petition was untimely because it was filed after the expiration of the one-year limitations period established by AEDPA, and a pending state motion to correct an illegal sentence did not appear to have tolling effect.
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Fla. 3d DCA·
2024-04-17
The Florida Third District Court of Appeal upheld an order prohibiting Dennis McArthur, a pro se habeas corpus petitioner, from filing further pleadings related to his criminal case (F11-9093) without attorney representation. The court found that McArthur had abused the judicial
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The court denied the petitioner's motions for appointment of counsel and to expand the record.
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The federal habeas corpus petition is dismissed because it is untimely, procedurally barred, and meritless.
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The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
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Fla. 2d DCA·
2024-04-12
Dino Sarac petitioned for a writ of habeas corpus challenging the revocation of his pretrial release bond in an earlier case, which was revoked at the direction of the original judge through a first appearance judge in a separate, newly-filed case. Although the petition became mo
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Fla. 2d DCA·
2024-04-12
Dino Sarac petitioned for habeas corpus challenging the revocation of his pretrial release in a prior drug/trespass case after his arrest on a new suspended license charge. The court denied the petition as moot because Sarac entered a plea and was sentenced, but explained it woul
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M.D. Fla.·
2024-04-10
The court held that the federal habeas petition was premature because the petitioner had not exhausted his state court remedies.
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The court held that the petitioner's federal habeas petition was time-barred because it was filed outside the one-year limitations period established by AEDPA, and the petitioner failed to demonstrate entitlement to equitable tolling.
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The court held that most of petitioner's claims were time-barred, but the ineffective assistance of counsel claim, though timely, lacked merit.
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The court held that the petitioner's actual innocence claim failed because it relied on re-arguing the sufficiency of trial evidence rather than presenting new, reliable evidence. Therefore, the petition was dismissed as time-barred.
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The court held that the petitioner's federal habeas corpus petition was time-barred under AEDPA and that equitable tolling was not warranted.
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Fla. 2d DCA·
2024-04-03
Charity Noelle Wood appeals the trial court's order striking her habeas corpus petition filed while committed to a mental health facility after being found incompetent to proceed. The appellate court reversed, holding that Florida statute 916.107(9)(a) grants forensic clients the
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Fla. 1st DCA·
2024-04-03
The petition for writ of habeas corpus was dismissed.
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Fla. 5th DCA·
2024-03-28
Joanne Perano petitioned for a writ of habeas corpus challenging her detention without bond on an aggravated stalking charge. The court granted the petition, finding the trial court erred in denying bond when the State failed to seek pretrial detention and the charge was not a ca
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Michael D. Goodson, a Florida inmate, challenged his 2013 Duval County convictions for five counts of attempted second-degree murder and one count of shooting or throwing deadly missiles through a federal habeas petition under 28 U.S.C. § 2254. The Middle District of Florida deni
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Fla. 5th DCA·
2024-03-28
Daryl Keith Burns appealed the trial court's denial of his habeas corpus petition challenging his conviction and sentence. The court reversed and remanded, holding that while the trial court correctly rejected the petition, it should have dismissed rather than denied it because h
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Fla. 5th DCA·
2024-03-28
A trial court may not deny a defendant's motion for bond when the defendant is not charged with a capital or life felony and the State has not sought pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132.
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Fla. 1st DCA·
2024-03-27
Ineffective assistance of appellate counsel cannot be argued on habeas corpus where the issue was not preserved for appeal.
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Morgan Amanda Leppert, convicted at age 15 of first-degree murder and nonhomicide felonies, sought federal habeas relief challenging the constitutionality of Florida's juvenile sentencing scheme and alleging ineffective assistance of counsel. The District Court for the Middle Dis
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A defendant cannot file a successive rule 3.850 motion claiming newly discovered facts based on counsel's misadvice when the movant could have discovered the misadvice upon the trial court's denial of the first 3.850 motion.
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S.D. Fla.·
2024-03-25
The court held that the Florida Supreme Court's determination that the conditional-release program is constitutional was reasonable, and therefore, the Third DCA's denial of the petitioner's state-court habeas petition was also reasonable.
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Fla. 5th DCA·
2024-03-22
The Florida Fifth District Court of Appeal granted a petition for belated appeal, treating the court's opinion as the notice of appeal. This allows the petitioner to appeal a lower court's denial of a writ of habeas corpus.
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Fla. 6th DCA·
2024-03-18
The appellate court denied a petition for writ of habeas corpus, upholding the trial court's decision to revoke the defendant's bond. The court found that the statute allowing bond revocation for probable cause of a new crime does not require the state to prosecute that new crime
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The court held that a Rule 60(b) motion seeking to relitigate a previously denied habeas claim based on newly discovered evidence is a successive habeas petition, and since it was filed without authorization from the court of appeals, the district court lacks jurisdiction.
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M.D. Fla.·
2024-03-14
The court held that a federal habeas petition under 28 U.S.C. § 2241 may be moot if the state criminal proceedings have progressed significantly and the petitioner's competency has been restored.
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Fla. 1st DCA·
2024-03-13
A habeas corpus petition raising issues that could have been or were raised on direct appeal is unauthorized and subject to dismissal.
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M.D. Fla.·
2024-03-12
Joshua Brian Nibbelink, a Florida inmate, filed a federal habeas corpus petition under 28 U.S.C. § 2254 challenging his 2015 state court conviction for first-degree felony murder, kidnapping, and robbery. The district court reviewed the petition applying the deferential AEDPA sta
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The court held that the petitioner's claims were procedurally defaulted and not cognizable on federal habeas corpus review, and therefore denied the petition.
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The court held that the petitioner's habeas corpus petition is successive and untimely, and therefore dismissed.
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The court held that the petitioner's claim regarding the denial of his motion for judgment of acquittal was procedurally barred because he failed to fairly present the federal nature of the claim to the state court. Even if considered on the merits, the claim failed.
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M.D. Fla.·
2024-03-06
Todd Curtis West, an inmate convicted of armed burglary with assault or battery, sought federal habeas relief under 28 U.S.C. § 2254, raising multiple claims of ineffective assistance of trial counsel. The district court denied all grounds, finding that the state court's rejectio
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Fla. 1st DCA·
2024-03-06
The petition for writ of habeas corpus was dismissed.
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M.D. Fla.·
2024-03-06
The court held that the petitioner's federal habeas corpus petition was untimely because his AEDPA limitation period expired before he filed it, and he failed to establish grounds for tolling.
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Fla. 1st DCA·
2024-03-06
The petition for writ of habeas corpus was dismissed.
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Fla. 1st DCA·
2024-03-06
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 § 2254 petition.
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M.D. Fla.·
2024-02-23
The court held that the habeas corpus application was time-barred because it was filed more than three years after the federal limitation period expired.
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Corey Bright, convicted of aggravated assault with a firearm for his role in a fatal shooting in Jacksonville, Florida, filed a federal habeas corpus petition challenging his twenty-three-year sentence on grounds including ineffective assistance of counsel and insufficient eviden
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M.D. Fla.·
2024-02-23
The court denied the inmate's motion to proceed in forma pauperis without prejudice and denied an inmate's request to appear as amicus curiae.
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The federal court denied the habeas petition, finding the state court's adjudication of the ineffective assistance of counsel claim was neither contrary to nor an unreasonable application of federal law.
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The court held that the state court's adjudication of the petitioner's claim regarding ineffective assistance of counsel for failing to request a Richardson hearing was not contrary to or an unreasonable application of federal law.
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The court held that the petitioner's claim of ineffective assistance of counsel for failing to request a jury instruction on consent was procedurally barred and lacked merit, even if considered on the merits.
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M.D. Fla.·
2024-02-09
The court held that the applicant, now imprisoned for life, must proceed under 28 U.S.C. § 2254, not § 2241, to challenge his confinement.
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Wesley Grace challenged his Florida conviction for armed burglary with assault, aggravated assault, and tampering with a witness through a federal habeas corpus petition, claiming ineffective assistance of trial counsel on multiple grounds. The District Court denied all seven cla
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Fla. 1st DCA·
2024-02-07
The petition for writ of habeas corpus was dismissed.
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Clarence Leroy Palmore, a Florida prisoner, filed a federal habeas corpus petition challenging his conviction on the ground that he was charged by information rather than grand jury indictment, claiming a Fifth Amendment violation. The district court denied the petition, holding