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's claims were either not cognizable on federal habeas review, procedurally barred, or failed to meet the high standard for relief under AEDPA.
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The federal habeas petition is dismissed as untimely because the amended judgment vacating one count did not restart the one-year limitations period under AEDPA.
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M.D. Fla.·
2023-09-18
The court held that the petitioner's claims for vacating his sentence were meritless, procedurally defaulted, or contradicted by the record, and thus his motion to vacate, set aside, or correct sentence was denied.
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Felix Luis Cuevas-Rodriguez, an inmate challenging his 2015 Florida conviction for vehicular homicide and related crimes, filed a federal habeas corpus petition alleging ineffective assistance of counsel, prosecutorial misconduct, and Brady violations. The district court denied t
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The court held that the petitioner's claims were unexhausted and procedurally barred, or alternatively, that the state court's adjudication was entitled to deference and not contrary to federal law.
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Fla. 1st DCA·
2023-09-13
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The court held that the petitioner's motion for reconsideration was denied because the prior order dismissing his Brady claim as procedurally barred was not final and the state court's application of the procedural bar was not incorrect.
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The court held that a motion to appoint federal habeas counsel is premature if the petitioner has not exhausted state remedies and their conviction is not yet final.
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M.D. Fla.·
2023-08-31
A federal court cannot grant habeas corpus relief under 28 U.S.C. § 2241 for a violation of state procedural rules or if the claim is moot, and requires exhaustion of state remedies.
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Fla. 1st DCA·
2023-08-23
A trial court may dismiss a habeas corpus petition when the petitioner seeks relief that would be untimely as a postconviction motion, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion lacking new grounds for reli
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The court held that the petitioner's habeas corpus petition was untimely filed under AEDPA's one-year limitations period and was therefore dismissed with prejudice.
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N.D. Fla.·
2023-08-22
The court denied the petition for a writ of habeas corpus and denied a certificate of appealability because the petitioner failed to make a substantial showing of the denial of a constitutional right.
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Sayton Waller, an inmate convicted in 2015 of murder in the first degree, attempted murder in the first degree, and shooting deadly missiles, filed a federal habeas petition challenging his conviction, arguing that his trial counsel was ineffective for failing to call witnesses a
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M.D. Fla.·
2023-08-17
The court held that 8 U.S.C. § 1252(g) bars federal jurisdiction over a habeas corpus petition challenging an arrest and custody that arise from the commencement of removal proceedings, even if the underlying status rescission is also challenged.
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Fla. 2d DCA·
2023-08-16
A trial court may not place a juvenile alleged to be delinquent in secure detention based solely on the unavailability of more appropriate facilities, even when the juvenile has been found incompetent to proceed and is awaiting placement in a community treatment program. Section
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Fla. 1st DCA·
2023-08-16
A habeas corpus petition may be dismissed when it seeks relief that would be untimely as a postconviction motion, raises claims that could have been raised at trial or on direct appeal, or constitutes a second or successive motion without new grounds for relief.
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The court held that the petitioner's motion for relief from a prior federal habeas denial, filed over thirty-five years later, was untimely under Rule 60(b)(2) and (3) of the Federal Rules of Civil Procedure.
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The court held that the habeas petition was timely filed because the state appellate court's acceptance of an amended petition related back to the original filing date for tolling purposes.
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The court held that the petitioner's claims of ineffective assistance of counsel regarding his decision to testify and a rejected plea offer were without merit, and the cumulative error claim also failed.
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An inmate serving a life sentence for seven counts of sexual battery challenged his conviction through a federal habeas petition, claiming his trial counsel was ineffective for failing to object to hearsay testimony, failing to challenge a victim's identification, and failing to
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The federal court denied the habeas corpus application because the state court's decision was not contrary to or an unreasonable application of federal law, and the applicant's claims were either procedurally barred or meritless.
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A federal district court denied an inmate's habeas corpus petition challenging his 2014 Florida conviction for lewd and lascivious battery on a minor, rejecting seven grounds claiming ineffective assistance of trial counsel and trial court error. The court applied the highly defe
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The court held that the petitioner's habeas claims were procedurally barred due to failure to exhaust state remedies and lack of cause or prejudice, and alternatively, the claims failed on the merits.
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M.D. Fla.·
2023-08-02
Herman Paul Solano sought federal habeas relief under 28 U.S.C. § 2254, challenging his St. Johns County convictions for violations of pretrial release, aggravated battery, false imprisonment, shooting into a building, and burglary with an assault or battery. The court denied all
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The court held that the petitioner's claims were procedurally barred or lacked merit under the deferential AEDPA standard, affirming the denial of federal habeas relief.
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The court denied Petitioner's Petition for Writ of Habeas Corpus, finding that the state court's decisions were not contrary to or an unreasonable application of federal law.
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The court held that the petitioner failed to show the state court unreasonably denied his claims of ineffective assistance of counsel and actual innocence, and thus denied his petition for a writ of habeas corpus.
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Fla. 5th DCA·
2023-07-21
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The court denied the petition for writ of habeas corpus, finding that the state court's decisions regarding ineffective assistance of counsel were not contrary to or an unreasonable application of federal law.
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Fla. 5th DCA·
2023-07-14
A petition for belated appeal may be granted and the appellate opinion itself may serve as notice of appeal from the underlying trial court order.
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The court held that the petitioner's habeas corpus petition was untimely and did not qualify for the actual innocence exception, as the newly presented evidence was not credible and contradicted the trial record.
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Fla. 4th DCA·
2023-07-12
This case concerns a juvenile seeking release from extended secure detention. The appellate court held that the juvenile court had the authority to extend the detention based on the totality of the circumstances, including public safety, even if the initial detention period had t
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Fla. 3d DCA·
2023-07-12
A successive habeas corpus petition must be denied when all six grounds for relief should have been raised either on direct appeal or in a Rule 3.850 post-conviction motion, and habeas corpus cannot be used to circumvent applicable procedural time limits or to relitigate previous
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Fla. 3d DCA·
2023-07-12
The appellate court denied Jean Gerome's petition for a writ of habeas corpus. The court found that each of the six issues raised in the petition should have been addressed in prior proceedings, such as direct appeal or post-conviction relief motions, and therefore were not cogni
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Fla. 2d DCA·
2023-07-12
A first appearance judge is bound by this court's precedent in Benoit v. Hoffman and lacks authority to revoke bond in a prior pending case assigned to a different judge, regardless of the judge's disagreement with the precedent's statutory analysis.
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Fla. 4th DCA·
2023-07-12
A circuit court has statutory authority under section 985.26(2)(b), Florida Statutes, to extend a juvenile's secure detention for an additional 21-day period after the initial 21-day detention expires, based on the totality of circumstances including public safety preservation, w
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A parolee remains 'in custody' for purposes of federal habeas corpus review under § 2254, and thus parole status does not toll the one-year limitation period.
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Francis Lai, an inmate serving a life sentence for first-degree murder and burglary, sought federal habeas relief challenging his state conviction by raising claims of prosecutorial misconduct, improper comments on his right to remain silent, and discriminatory jury selection. Th
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The court held that the petitioner's claims of ineffective assistance of counsel and sentencing errors were procedurally barred or failed to meet the AEDPA standard for federal habeas relief.
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The court held that the petitioner's claims were procedurally defaulted and denied habeas relief.
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The court held that the state court's determination that trial counsel's actions constituted reasonable trial strategy was not contrary to or an unreasonable application of federal law.
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The court held that a federal habeas petition cannot be used to challenge state parole decisions based on alleged errors of state law, and the petitioner failed to state a claim for federal due process or equal protection violations.
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Daniel Brunette, a Florida inmate convicted of second-degree murder, filed a federal habeas petition challenging his conviction and alleging that his trial counsel was ineffective in several respects. The district court denied all nine grounds for relief, finding that the evidenc
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Fla.·
2023-06-29
The court held that the petitioner's pro se filings constituted an abuse of judicial resources, warranting sanctions.
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M.D. Fla.·
2023-06-26
The federal habeas petition is dismissed without prejudice because the petitioner has not exhausted his state court remedies.
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M.D. Fla.·
2023-06-23
The court held that a federal habeas corpus action under 28 U.S.C. § 2241 is premature if the petitioner has not first exhausted available state court remedies.
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Fla. 5th DCA·
2023-06-21
Competent evidence supporting a finding that preservation of public safety warrants extended secure detention satisfies section 985.26(2)(b), and a trial court's written finding via box-check designation constitutes the required written findings under the statute.
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M.D. Fla.·
2023-06-16
A prisoner lacks a constitutionally protected liberty interest in his place of confinement, and challenges to the location of confinement do not present a viable claim for relief under 28 U.S.C. § 2241.
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A Florida jury convicted Damien Freeman of attempted first-degree murder based on evidence including the victim's in-court identification, DNA evidence placing Freeman at the crime scene, and firearms analysis, and Freeman's subsequent federal habeas petition challenging fifteen
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Chris Leonard Thornes, an inmate in Florida's prison system, filed a federal habeas corpus petition challenging his 2014 conviction for aggravated assault and possession of a firearm by a convicted felon, raising claims including insufficient evidence and ineffective assistance o